1. ACCEPTANCE OF TERMS
Welcome to FanMailPlus (FMP). Ironic Design, Inc. and FanMail.com, LLC together provide this service (the Service) to you, the User, subject to the following Terms of Service (TOS), which may be updated from time to time. Notice of changes will be sent to the administrative email addresses you have provided us. You can review the most current version of the TOS at any time at http://fanmail.email/policy/terms-of-service. In addition, when using particular FMP services, you shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
FMP provides you with the Service to receive and send email to an email address and maintain and share other information including calendars, notes & address books. Unless explicitly stated otherwise, any new features that augment or enhance the Service, including the release of new features, shall be subject to the TOS.
(a) Junk email, or spam, is defined as unsolicited email not containing malicious code. (b) Virus email is defined as any email containing malicious code. (c) Malicious code is any executable code written to cause unauthorized behavior on your computer or unauthorized access to your data. (d) An account is an email address on FMP.
4. WHAT WE PROMISE TO DO FOR YOU
To show our appreciation to you for choosing FMP we promise to:
- Deliver properly formatted Internet email sent to your address to your inbox on the FMP servers (or forward it if you have selected that option) with minimum delay to the best of our ability. We are NOT promising that there will never be delays in email delivery or that email will never be lost. No one can. Servers break, hardware dies, software (even Open Source Software) is not perfect, and yes, we can make mistakes. But almost all of us here have been doing this sort of work since the Internet became a household word in 1995 and we are pretty good at it now.
- Do our best to keep the service up 24/7/365 so you can get to your email on our servers any time of the day or night.
- Be honest with you about any problems you have with our service. Frankly, we prefer problems which are our fault because we can fix those the fastest.
- Filter out most of the spam and viruses sent to your email address. We would love to catch it all, but short of disconnecting your computer from the Internet, it ain't gonna happen. We will also provide access to your spam and virus filtering settings so you can tailor what gets to you and what is quarantined/sidelined.
5. WHAT YOU NEED TO DO FOR US
In consideration of your use of the Service, you agree to:
- Provide true, accurate, current, and complete information about yourself when you register and keep it current. If you provide information that is untrue, inaccurate, not current, or incomplete, or FMP has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete; FMP has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
- When you sign up, we will assign a good password to you. If you change that password, make it a STRONG one and keep it confidential. A good password will help keep your email secure. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. Always log out from your account at the end of each session. If you think someone has improperly accessed your account, contact us immediately at firstname.lastname@example.org. FMP cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
- If you select service that requires subscription payments, then pay us and do it on time. Those services are not free to develop & operate and a portion of what you pay is sent to the organization you choose to help.
- If you are using the FMP free service (for students and teachers with an active .edu address) then we need you to accept our initial and periodic confirmation emails and respond as they request. Your FMP free service will be discontinued six (6) months after we do not receive an appropriate response from the periodic confirmation emails.
- Never send spam, scams or viruses or do anything malicious with your FMP account. If we find evidence of malicious activity, we will deactivate the account immediately without warning.
One method we use for preventing and detecting spammers is that we limit your outgoing emails to a certain number per unit of time. Since that limit may vary with many different factors, we can not pin it down with a hard number.
Another method we use to prevent spamming is to follow up on complaints of unwanted emails coming from FMP. Please be careful to NOT send your favorite jokes of the day or horoscopes to people that have not requested them. Spamming is not always about the volume of junk being sent. If people don't want to receive what you are sending, then it is spam to them, so please stop sending before we are placed in a position to have to act.
6. ACCOUNT CHARGES AND PAYMENT DETAILS
You are responsible for adding, configuring, and deleting your FMP information. If you are paying for service, you are responsible for managing your subscription payments through whatever payment service you have chosen. After the initial trial period, service payments will be deducted monthly. Neither startups nor cancellations will be prorated. Credit card payments will be charged to Ironic Design, Inc.
There is no pre-defined or minimum term for using the FMP paid service.
If you are using the FMP free service for students and teachers with an active .edu address, it will be provided to you until one of the following happens:
- You inform us you would like to switch your address to the FMP paid service and you complete the payment process.
- 6 months after your .edu address is no longer active or used by you.
- FanMail, for business reasons or the apocalypse, discontinues the FMP free service. We do not anticipate this will happen in our lifetime, but it seems best to cover all possibilities.
9. YOU MUST UNDERSTAND
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will FMP be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, or otherwise transmitted or received via the Service.
You acknowledge and agree that FMP may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of FMP, its users, and the public.
You understand that the technical processing, receipt, and transmission of the Service, including your Content and content of your customers, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand and agree that it is impossible to identify and block every junk email, and that FMP is not responsible or liable for any loss or damages, alleged or otherwise, to your or your customer's 'computers, network, data, business, or any distress that might result from a junk email that is not blocked by FMP.
You also understand and agree that it is impossible to identify and block every email containing a worm or virus. You further agree that FMP is not responsible or liable for any loss or damages, alleged or otherwise, to your computers, network, data, business, or any distress that might result from an email worm or virus that is not blocked by FMP.
FMP email virus filtering can only protect against email-borne viruses. One hundred percent filtering is not guaranteed. FMP email virus filtering is NOT a replacement for anti-virus software on your computer(s) or network gateway. Anti-virus software protects your computer(s) from far more threats than just viruses attached to email. We recommend that all our customers always run up-to-date anti-virus software on all computers or networks connected to the Internet.
And finally, we would hope this goes without saying, but you understand and agree that in order to use the Service, you must have a valid Internet connection that can receive email and access to or operate any and all equipment and software necessary to communicate with an Internet email service. In order to manage the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
You agree to indemnify and hold FMP, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to, or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that FMP may establish general practices and limits concerning use of the Service, including, without limitation, the maximum number of days that email messages or other Content will be retained by the Service, the maximum number of email addresses and domains that may receive email using the service, the maximum number of email messages that may be received by or sent from an account on the Service, the maximum size of any email message that may be received by or sent from an account on the Service, the maximum disk space that will be allotted on FMP's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that FMP has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained, received, or transmitted by the Service. You acknowledge that FMP reserves the right to log off or delete addresses and domains that are inactive for an extended period of time. You further acknowledge that FMP reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
FMP reserves the right at any time and from time to time to modify, temporarily or permanently, the Service (or any part thereof). You agree that FMP shall not be liable to you or to any third party for any modification or suspension of the Service.
How to stop using FMP:
- You can send spam or viruses. We would prefer you NOT use this option. See above for how we will respond if you DO send junk from an FMP account.
- You can tell us you are leaving. We prefer this option and would really appreciate it if you would send an email to us at email@example.com telling us WHY you are leaving. If it something we have done (or not done) this is the only way we can improve.
- Stop checking your email or otherwise access the service for 6 months. If you do not check your email for 6 months, we will assume you have been captured by aliens and will not be back with us for several hundred years. By then the emails will probably not be useful to you anyway, so we will go ahead and close out your account, delete any emails stored on the servers, and free up your email address for someone else to use. Unfortunately, this also means that when the aliens return you, your old address will probably not be available and you will need to think of another one.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that FMP shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because FMP has no control over such sites and resources, you acknowledge and agree that FMP is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that FMP shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods, or services available on or through any such site or resource.
16. FMP's PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") may contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by FMP or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Software, in whole or in part.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IRONIC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
b. IRONIC MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IRONIC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IRONIC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF IRONIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
21. TRADEMARK INFORMATION
FMP, the FMP logo, FMP in Chinese Characters, trademarks and service marks, and other FMP logos and product and service names (the "FMP Marks") are trademarks of FMP Design, Inc. Without FMP Design's prior permission, you agree not to display or use in any manner,the FMP Marks.
22. GENERAL INFORMATION
The TOS constitutes the entire agreement between you and FMP and governs your use of the Service, superseding any prior agreements between you and FMP. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and FMP shall be governed by the laws of the State of Alabama without regard to its conflict of law provisions. You and FMP agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Madison, Alabama. The failure of FMP to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to our Customer Care group via email at firstname.lastname@example.org.