<p>Effective: May 25, 2018</p>
<p>The following are the terms and conditions for use of the various services provided by Fastmail Pty Ltd, ACN 142 646 580, PO Box 234, Collins St West 8007, Australia (referred to as "Fastmail"), including the Fastmail email service, the Topicbox mailing list service, the Pobox email forwarding, filtering and domains services and the Listbox email service (collectively referred to as the "Service").
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<p>Please read these terms and conditions carefully.
This Service is provided only to individuals who are at least 18 years old or minors who have parental permission to open and maintain an account.
<strong>By completing the registration process, you are stating that you are eligible for an account and that you agree to be bound by all of these terms and conditions of the service</strong> (referred to as these "Terms").
You are not authorised to use the Service unless you accept these Terms without modification.
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1.
Member account, password, and security <p>You must maintain the confidentiality of your password and account.
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<p>You are responsible for any and all activities that occur in relation to the Service under your account (including the content of transmissions from your account, or any content uploaded or published through your account), except to the extent that a third party accesses your account as a result of Fastmail's negligence.
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<p>You must notify Fastmail immediately if you become aware of any unauthorised use of your account or any other breach of security.
If a third party accesses your account without your authorisation, we will endeavour to block the unauthorised access and to restore your control of the account.
</p> 2.
Message storage, file storage, outbound messages and other limitations <p>The amount of storage space per user may be limited.
Some sent or received messages, or uploaded or downloaded files, may not be processed due to space constraints or other limitations.
You agree that the Service Provider is not responsible or liable for the deletion or failure to store messages, files or other information.
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<p>Where free accounts are provided, you agree that you will not create more than one free account.
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</p>3.
Member conduct <p>As a condition of your use of the Service, you warrant to Fastmail that you will not use the Service for any purpose that is unlawful or prohibited by these Terms.
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<p>If you have a free account for the Service, you agree to use the Service only to send, receive, upload and publish personal messages and content.
Any unauthorised commercial use of the Service, or the resale of its services, is expressly prohibited.
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<p>If you are a paying user of the Service, you are authorised to use the Service for business-related communications, but may not use it in ways not permitted by other clauses of these Terms, including, but not limited to, use in connection with unsolicited commercial email, multi-level marketing schemes, or illegal activities.
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<p>You must not re-sell the Service unless you have been given explicit prior permission to be a reseller by Fastmail.
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<p>You agree to abide by all applicable local, state, national and international laws and regulations.
By way of example, and not as a limitation, you agree not to:
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<ol>
<li>Use the Service in connection with surveys, contests, pyramid schemes, multi-level marketing schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
</li>
<li>Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
</li>
<li>Publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information.
</li>
<li>Harvest or otherwise collect information about others, including email addresses, without their consent.
</li>
<li>Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message.
</li>
<li>Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a Service member any directory of the Service members or other user or usage information or any portion thereof other than in the context of your use of the Service as permitted under these Terms.
</li>
<li>Knowingly transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs.
</li>
<li>Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents.
</li>
<li>Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks.
</li>
<li>Attempt to gain unauthorised access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.
</li>
<li>Violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or software exported from the United States through the service.
</li>
<li>Interfere with another member’s use and enjoyment of the Service or another individual’s or entity’s use and enjoyment of similar services.
</li>
</ol>
<p>Fastmail has no obligation to monitor the Service or any user’s use thereof or retain the content of any user session.
However, Fastmail reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
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4.
Links to third party sites <p>The links included within the Service may let you leave the Service web sites ("Linked Sites").
The Linked Sites are not under the control of Fastmail and Fastmail is not responsible for the contents of any linked site or any link contained in a Linked Site, or any changes or updates to such sites.
Fastmail is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Fastmail of the site or any association with their operators.
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5.
Disclaimers/limitation of liability <p>The information and services included in or available through the Service may include inaccuracies or typographical errors.
Changes are periodically added to the information herein.
Fastmail may make improvements and/or changes to the Service at any time.
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<p>Fastmail does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available are free of viruses or other harmful components.
Fastmail does not warrant or represent that the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable.
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<p>You specifically agree that Fastmail shall not be responsible for or liable for:
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<ol>
<li>unauthorised access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service.
</li>
<li>any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights.
or </li>
<li>any content sent using and/or included in the Service by any third party.
</li>
</ol>
<p>Fastmail make no representations about the suitability, reliability, availability, timeliness, and accuracy of the service for any purpose.
The Service is provided “as is” without warranty of any kind.
Fastmail hereby disclaim all warranties and conditions with regard to the Service, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
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<p>In no event shall Fastmail be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Service or related web sites, with the delay or inability to use the Service or related web sites, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Service, or otherwise arising out of the use of the Service, whether based on contract, tort, negligence, strict liability or otherwise, even if Fastmail has been advised of the possibility of damages.
Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
If you are dissatisfied with any portion of the Service, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Service and its related web sites.
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