1. General
- Even if the Customer is not the user of the Services, the Customer remains responsible for accessing and using our delivered Services and/or delivered Products.
- In the event of misconduct, Flexmail has the right to suspend access to the Services as well as permanently refuse access to the Customer. Flexmail will not refund the paid subscription fees. Flexmail understands under misconduct of usage that you will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort.
2. Prohibited use of the Services
When accessing or using the Services, you will not:
- Send Unsolicited Commercial E-Mail (UCE) or SPAM through Flexmail's Services. Any Customer found to be using Flexmail for UCE or SPAM is subject to Services termination and potential legal action.
- Harvest or otherwise collect information about third parties, including e-mail addresses, without the express consent of such third parties;
- Use the Services for any unlawful or discriminatory activities.
- Publish, post, distribute, disseminate, advertise or link to any:
- content, site, topic, name, material or information which is inappropriate, profane, defamatory, libelous, slanderous, infringing, obscene, indecent, or which contains nudity or adult content;
- software, content or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless you own or control such rights or have received all necessary consents for your publication, distribution, or linking of such software and other materials;
- software, content or other material that contains viruses, worms, corrupted files, cracks or that may be or are intended to damage the operation of or render inoperable another's computer, hardware, software, security measures or system or other programs written to defeat the security measures of any computer, system or programs;
- software, content, other material or website that constitutes "hate speech", whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group;
- violate any applicable government laws or regulations;
- defame, libel, slander, impersonate, abuse, harass, threaten, invade the privacy of or otherwise violate or infringe the legal rights (including the rights of privacy and publicity) of any other person;
- conduct, promote or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, promotional materials, unsolicited e-mail (including "spamming") or multi-level or illegal marketing campaigns;
- Access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited email to any third party.
3. Prohibited behavior
The following behavior is prohibited:
- Use or attempt to use another user’s account without authorization from that user and Flexmail;
- Access the Services by any means other than through the standard industry-accepted or Flexmail-approved application program interfaces;
- Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner;
- Delete or revise any material, including content, posted by another person or entity;
- Delete or modify any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
- Register, subscribe, attempt to register or subscribe, unsubscribe or attempt to unsubscribe, any party for any Flexmail product or Service if you are not expressly authorized by such party to do so;
- Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Services;
- Attempt to circumvent any content-filtering techniques Flexmail employs or attempt to access any feature or area of the Services that you are not authorized to access;
- Develop or use any third-party applications that interact with the Services without Flexmail’s prior written consent, including any scripts designed to scrape or extract data from the Services;
- Bypass or ignore instructions contained in our robots.txt file that controls automated access to portions of the Services;
- Use the Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Conditions.
4. Use of accounts
- Accounts are meant to be used for a single set of message subscribers. You are not allowed to continually delete and re-import new contacts into an account. For example, you cannot sign up for a 25,000 subscriber/contact plan and try to send messages to 100,000 contacts by deleting and importing new contacts.
- Flexmail does not know the inner workings of your organization or the nature of your personal relationships, and will not arbitrate any disputes over who owns an account. You will not request access to or information about an account that is not yours, and you will resolve any account-related disputes directly with the other party. Flexmail decides who owns an account based on the content of the emails in that account, and if multiple people or entities are identified in the content, then Flexmail will rely on the contact information listed for that account.
- When it comes to the monthly Flexmail plans, you as a user are allowed to send unlimited emails to your contacts, within fair use. This is calculated on the regular use of the application by an average user. Flexmail holds the right to ban you from the service or offer you a customized pricing in case of excessive use or spamming.
5. Liability
- You hereby agree to indemnify and hold harmless Flexmail against any damages, losses, liabilities, settlements, and expenses (including, without limitation, costs and reasonable legal fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services.
- In addition, you acknowledge and agree that Flexmail has the right to seek damages when you use the Services for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the Conditions of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages.
- Although Flexmail has no obligation to monitor the content provided by you or your use of the Services, Flexmail may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing. In this event, Flexmail cannot be held liable by the Customer.
