These terms and conditions spell out what you can expect from us, MailHQ Ltd, and what we expect from you, the user of the FlutterMail service (the service). If you agree to what you read below, you should tick the checkbox indicating this on the signup page for the service.
Policy on permission
Fluttermail is permission-based. That means you need permission to send to the people who receive your emails. Fluttermail’s permission policy is part of the Terms of Use agreed to by every Fluttermail subscriber, and conforms to CAN-SPAM regulations.
To send an email to someone using Fluttermail, that recipient must be either someone who is a customer, member or subscriber of your business or organization or who has specifically asked to receive your emails by opting in or signing up in some way, or someone who has bought a product or service from you in the past 18 months.
1. Acceptable Use
We have a strict policy against spamming. We forbid the use of the service to send unsolicited mass emails or unsolicited emails of any kind. We reserve the right to terminate your account “for cause” if we deem you to be in violation of our anti-spamming policies. We also reserve the right to suspend your account pending review upon receipt of any complaint or other evidence that you may be engaging in any spamming activity.
We consider spamming to be any activity whereby you directly or indirectly transmit email messages to any email address that has not solicited such email and does not consent to such transmission.
You must also NOT use the service to send emails that contain content related to the following industries. Such emails, even if ‘opt-in’, generate a high proportion of complaints and could jeopardise our service for all of our users.
- Pornographic or adult content
- Adult novelty items
- Dating or escort services
- Multi-level marketing
- Pharmaceutical products
- Get-rich-quick, work-at-home schemes or paid surveys
- Online trading, forex trading, or stock market related content
- Gambling services, products or gambling education
- Credit repair, get-out-of-debt content
- Mortgages and/or loans (without prior approval)
- Nutritional Supplements, Herbal Supplements or Vitamin Supplements
- List brokers or List rental services
- Unsolicited marketing email (i.e. without proper permission from recipients)
You must also NOT use the service to a) knowingly send emails containing viruses, worms, or any other harmful code or software, b) send defamatory, harmful, abusive, vulgar or obscene content or material, c) send emails that are not in compliance with all applicable laws, or that do infringe upon the rights of any other party, including but not limited to copyrights, trademarks, privacy rights, moral rights, trade secrets, patents and any other rights d) harass or send threatening content.
You must also NOT use the service in a manner that substantially reduces performance for other subscribers, send “mailbombs” or other harmful devices, or engage in activity designed to gain unauthorized access to any of our computers or information.
In the event that we deem you to be in violation of any of these policies, we shall immediately suspend your account and take further action as deemed necessary, including pursing legal action.
2. Access and Service
Your access to the service depends on the level of access you select. You may change or discontinue your account at any time. We reserve the right to modify, suspend or terminate access to the service on our system at any time for any reason without notice or refund, including the right to require you to change your password. We also reserve the right to delete all program and data files associated with your account and/or other information you have on our system.
3. Fees and Payment
We will charge you a monthly fee for using the service. You can cancel your account at any time, but you will remain liable for all charges up to that time, including full monthly charges for the month during which you discontinued service. We reserve the right to change our fees at any time without advance warning. If a refund is requested within the first 60 days, a full refund will be granted.
4. Privacy Considerations
We believe your business is no one else’s. Your privacy is important to you…and to us. To protect your privacy, MailHQ Ltd follows different principles in accordance with worldwide practices for customer privacy and data protection.
We won’t sell or give away your name, email address, phone number, credit card number, mailing list information, or any other information to anyone.
We’ll use security measures to protect your information from unauthorized users.
5. Limitation of Liability
You must bear the risk of any liability relating to your use of the service. YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR SOLE RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH OUR SYSTEM, YOUR USE THEREOF OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR SYSTEM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
6. Indemnity
You shall defend and indemnify us and hold us harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees), relating to any acts by you or materials or information transmitted by you in connection with the service, leading wholly or partially to claims against us or our system by other subscribers or third parties, regardless of the type of claim or the nature of the cause of action.
7. Disclaimers of Warranty
THE SERVICE IS PROVIDED “AS IS” AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE.
8. Choice of Law
You agree that this Agreement shall for all purposes be governed by and construed in accordance with the laws of New Zealand and that any action arising out of this Agreement shall be litigated and enforced under the laws of New Zealand. In addition, you agree to submit to the jurisdiction of the courts of the New Zealand, and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of the New Zealand.
9. Acknowledgement
This Agreement represents the entire understanding between you and us regarding your relationship to us and supersedes any prior statements or representations.