This Agreement is between FanMail.com, LLC (“FanMail”) and you (“User”).
Whereas FanMail.com, LLC (“FanMail”) provides the User Email Services through TUCOWS.COM CO. (“Tucows”), as more particularly defined below, the User by signing up for an email address and through the use of the Email Service agrees to be bound by the terms of this Agreement.
1. Definitions:
(a) Agreement” means this document, and all its schedules and other documents incorporated by reference;
(b) “Anti-Virus and Anti-Spam Filtering” means the use of certain detection rules and techniques, to be selected and implemented by Tucows, to determine if a message, or any inbound attachment, is “junk” or “spam” email or contains a virus;
(c) “Bulk email” means unsolicited email sent en masse, is deemed to include a group of approximately five hundred (500) or more emails with substantially similar content; however, Tucows retains the right, acting in good faith, to determine whether any particular transmission is a Bulk email;
(d) “Content” means any information, data, text, software, music, sound, photographs, video, messages or other materials transmitted using the Email Service;
(e) “Effective Date” shall mean the later of the last update to this document, and all its schedules and other documents incorporated by reference;
(f) “Email Service” means the email service offered by FanMail through Tucows that will allow the User an email address that incorporates the services outlined in this document;
(g) “Fee(s)” mean the monies payable for the Email Service selected by the User for the use of the us in accordance with Section 3 below.
(h) “Junk email” means unsolicited commercial email, a.k.a. spam email or unsolicited bulk email;
(i) “Mailbox” means the electronic storage area addressed by a unique email identifier having the form;
(j) “Mail Forwarding” means the direction of email intended for a Mailbox created by FanMail to another email account specified by the User;
(k) “Prohibited Use” means those actions outlined in Section 3 below;
(m) “Term” has the meaning outlined in Section 5 of this Agreement;
(n) “User” means an individual or entity employing an email address that contracts with FanMail to receive any one or more components of the Email Service and who, in either case, acquires the Email Service for its own internal use;
(o) “Virus” means a piece of program code, including a self replicating element, usually disguised as something else that causes an unexpected and undesirable event and which is designed so that it may infect other computer systems
2 Services Provided:
2.1 FanMail’s Email Service is available as the following offering:
(a) An email address that the User can use as a mailbox accessible over the internet by (i) either or both the IMAP and POP mail protocols, through desktop mail clients or web-based applications; and/or (ii) optional email forwarding account. The Email Service enables a User to use features of the mailbox to personalize settings (e.g., auto-responder, mail folders, address book folders, etc.) through a web-based interface. The Email Service includes email forwarding accounts that allow mail to be forwarded from this email address to another email address.
(b) Each mailbox includes five (5) gigabytes of base storage per mailbox, with additional storage available as a feature upgrade.
(c) Mailboxes include Anti-Virus and Anti-Spam Filtering, for both inbound and outbound messages sent through the FanMail’s Email Service. Messages quarantined by the Anti-Virus and Anti-Spam filters will be stored by Tucows for a period of seven (7) days, after which the messages will be deleted.
(d) Virus filtering may not be able to scan certain email attachments, which are under the direct control of the sender (such as password protected and/or encrypted attachments). Also, no antivirus software or service can guarantee 100% protection against all viruses. To help protect your computer, you can also keep your software and operating system updated, and avoid downloading files from untrusted sources.
e) Mail Forwarding accounts include spam & virus filtering, but do not include a spam quarantine. All mail detected as spam/virus will be rejected.
2.2 FanMail nor Tucows will not give, sell, lease, license or rent the User lists to any third party (unless required by law), to allow such third party to directly market other services or products to the User, without the User’s consent.
2.3 . Upon notice through the Email Service, FanMail may modify or discontinue or revise any or all other aspects of the Email Service at its sole discretion and without prior notice.
3 User Obligations – Users are responsible for maintaining the confidentiality of their account information and password. Users agree to use the services only for lawful purposes and not to engage in any activity that may cause harm or disruption to the services or other users.
User agrees, not to: (i) send any Content that is unlawful, harmful, threatening, abusive, vulgar, invasive of another’s privacy or otherwise objectionable, (ii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content, (iii) transmit any Content that User does not have a right to make available, (iv) transmit through the Email Service any Junk email, Viruses or Bulk email; (ii) allow its systems to serve as an Open Relay; (iii) interfere with or disrupt the Email Service or any networks connected to the Email Service; (iv) transmit obscene or pornographic material; (v) take any action that imposes an unreasonable or disproportionately large load on Tucows’ infrastructure providing the Email Service; (vi) impersonate any person or entity or falsely state or otherwise misrepresent an affiliation with a person or entity; (vii) use the Email Service for any purpose that is in violation of any applicable law or is otherwise an infringement on the rights of any person or entity; (viii) modify, decompile, reverse engineer, disassemble or reproduce any of Tucows’ licensed or owned software, systems, applications or components used in providing the Email Service; or (ix) use deceptive, misleading or unethical practices that are or might be detrimental to FanMail or Tucows or other Users or the general public. A copy of the Tucows Acceptable Use Policy for Email, as it may be modified and incorporated into this Agreement from time to time, shall be available on the Tucows website at: http://opensrs.com/docs/policies/emailaup.html
3 Payment and Fees
3.1 Pricing: All fees for email addresses and related services are listed on our website or provided upon request. Prices are subject to change, but any changes will be communicated in advance, and ongoing service fees will only be affected after the current billing cycle ends.
3.2 Refund Policy: All sales are final, and we do not offer refunds for email addresses or any other services, except as required by law or stated otherwise in our Refund Policy.
3.3 Late Payments: If your payment fails or becomes overdue, we reserve the right to suspend or terminate your account until the balance is paid in full.
4. Privacy and Data Usage
4.1 Data Collection: We collect, store, and process certain personal information in accordance with our Privacy Policy. By using our services, you consent to our use of your personal information as described in the policy.
4.2 Data Security: While we take reasonable measures to secure your data, we cannot guarantee absolute security. You are responsible for maintaining the confidentiality of your account and password.
5. Termination
5.1 Termination by You: You may terminate your account at any time by contacting us. However, you will not be entitled to any refunds.
5.2 Termination by Us: We may suspend or terminate your account if you violate these Terms or engage in any prohibited activities, with or without notice.
5.3 Effect of Termination: Upon termination of your account, you will lose access to the email address and any related data stored within our system. We reserve the right to recycle or resell email addresses that are no longer in use.
6. Intellectual Property
6.1 Ownership: All content and services provided by us, including but not limited to software, logos, graphics, and domains, are owned by FanMail or Tucows or our licensors. You may not use any of our intellectual property without our or Tucows express permission.
7. Disclaimers and Limitation of Liability
7.1 No Warranty: Our services are provided “as is” without any express or implied warranties, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose.
7.2 Limitation of Liability: We are not liable for any damages or losses, whether direct, indirect, incidental, or consequential, arising from your use or inability to use our services, including but not limited to loss of email data, service interruptions, or security breaches.
8. SECURITY
8.1 Although information transmitted to FanMail’s service provider, Tucows, is stored in operating environments which Tucows believe are within industry standards for security, the User is advised and agrees that no data transmission over the Internet can be guaranteed 100% secure. Tucows is not responsible for any interception or interruption of any communications through the Internet. The User is responsible for maintaining the security of access codes.
8.2 In keeping with industry standards and best practices, Tucows periodically conducts audits of the User to maintain customer safety and security. If the User has weak or compromised passwords, in the event of any security incident, or for other reasonable purposes, Tucows reserves the right to contact the User to update account credentials. Tucows offers multi-factor authentication (MFA).
9. CONFIDENTIALITY
9.1 In the normal operation of the Email Service, email messages are processed electronically, and the content is not reviewed by Tucows’ personnel. However, Tucows reserves the right to review and utilize any content of an email or its attachments to observe, study, test, maintain or improve the functioning or performance of the Email Service, or to ascertain whether or how a breach of this Agreement or violation of applicable policy has occurred. In addition, some information may be shared on an aggregate basis only as a part of a larger set of statistics (e.g. statistics indicating amount of traffic, success rates, and size of Tucows customers). Tucows may use cookies to store User name, access codes, and application settings to ease site navigation processes.
10. THIRD PARTY INFORMATION
10.1 Independent third parties may supply some or all of the software and information used in one or more components of the Email Service. While Tucows makes every effort to ensure the accuracy of all information, Tucows makes no warranty as to the accuracy of any such information.
11. REPRESENTATIONS AND WARRANTIES
11.1 User acknowledges and agrees that FanMail does not guarantee that the Email Service will meet the requirements of the User. The Email Service are provided “as is” without any warranty of any kind.
11.2 The User acknowledges that: a) as Viruses are frequently created and distributed, the anti-virus component of the Email Service is intended to detect only specific known Viruses and some unknown Virus behavior patterns. Tucows does not warrant that the Email Service will detect all Viruses present on a User’s computer system, network or email server; USER IS ADVISED TO ENSURE IT HAS SUFFICIENT CONTENT BACK-UP IN PLACE; and b) purveyors of Bulk Email and Junk Email, are constantly seeking to evade systems designed to block Bulk Email and Junk Email, and that a User may not wish all Bulk Email and Junk Email to be blocked, and that the Bulk Email and Junk Email component of the Email Service will not detect or block all Bulk Email or Junk Email, and may additionally block email which the User did not wish to have blocked. Tucows does not warrant that the Email Service will block all Bulk Email or Junk Email, or only block Bulk Email and Junk Email.
11.3 WITH REGARD TO THE SERVICES AND SUPPORT THEREFORE, AND RIGHT TO PROVIDE SAME, FANMAIL AND TUCOWS (AND EACH OF ITS SUPPLIERS): A) EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, TITLE, NON-INFRINGEMENT, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS; b) DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE EMAIL SERVICE WILL MEET THE USER’S REQUIREMENTS, OR THAT THE OPERATION OF THE EMAIL SERVICE, WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE EMAIL SERVICE WILL BE CORRECTED; AND C) NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE EMAIL SERVICE, OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, QUALITY, RELIABILITY, OR OTHERWISE.
11.4 FANMAIL, TUCOWS AND ITS SUPPLIERS, SHALL NOT BE LIABLE FOR ANY BREACH OF ANY IMPLIED OR EXPRESS WARRANTY OR CONDITION, FOR: (A) INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES; (B) LOSS OF REVENUE; (C) LOSS OF PROFITS; (D) LOSS OF BUSINESS OR GOODWILL; (E) LOSS OF, DAMAGE TO OR CORRUPTION OF DATA, SOFTWARE OR HARDWARE; (F) LOST EMAIL OR (G) PUNITIVE DAMAGES; EVEN IF FANMAIL OR TUCOWS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE SOLE REMEDY BELOW FAILS OF ITS ESSENTIAL PURPOSE.
11.5 USER’S SOLE REMEDY IN THE CASE OF ANY LOSS OR DAMAGE RESULTING FROM ANY MISREP-RESENTATION, BREACH OF CONTRACT, NEGLIGENCE, ERROR OR DEFECT IN THE PRODUCTS OR SERVICES PROVIDED BY FANMAIL AND TUCOWS HEREUNDER SHALL BE TERMINATION OF THIS AGREEMENT, AND THE RETURN OF ANY UNUSED FEES.
12. Indemnification
The User agrees to indemnify and hold FanMail, Tucows and their affiliates, and employees harmless from any claims, liabilities, damages, or expenses (including legal fees) arising out of the User’s use of the Email Services or the User’s violation of this Agreement.
MISCELLANEOUS
13.1 Any portion of this Agreement pertaining strictly between the User and FanMail:
(a) shall be governed and construed in accordance with the laws of Alabama and The United States of America, including their choice of law provisions, and the venue shall be in Huntsville, Alablama;
(b) may be executed in two or more counterparts, each deemed an original, and all of which together shall constitute one and the same contract;
(c) may be modified by Fanmail without the written consent of User, so long as the amendment or modification is generally applicable to all Users;
(d) binds and benefits only the parties and their respective successors and permitted assigns. User shall not assign this Agreement without the prior written consent of FanMail.
13.2 Each Party agrees:
(a) it has had the opportunity to obtain independent legal advice for the review and negotiation hereof, and so ambiguity will not be presumptively construed against FanMail; (b) all restrictions in this Agreement are reasonable and valid, and waives all defenses to strict enforcement thereof to the fullest extent permitted by law;
(c) a violation of any intellectual property usage, confidentiality, non-solicit or policy related provisions of this Agreement will result in immediate and irreparable damage to the other party which shall then, in addition to any other rights to relief, be entitled to temporary and permanent injunctions and such other relief as any court of competent jurisdiction may deem just and proper, without posting of any security or proof of actual damage;
(d) neither shall be liable for any delay or failure to perform hereunder if such delay or failure is due to any contingency beyond its reasonable control including acts of God, war, explosion, fire, flood or civil disturbance, or failure of a supplier to fulfill its obligations;
(e) section headings are for ease of reference only, and have no interpretive value;
(f) expiration or termination will not relieve either party from its obligations arising hereunder prior to such expiration or termination. Rights and obligations which by their nature would ordinarily be expected to survive expiration or termination will remain in effect, including but not limited to Sections 5, 8, 10, 11, 12;
13. Contact Us
If you have any questions regarding this Agreement or our services, please contact us at:
admin@fanmail.com
FanMail.com, LLC