Terms of Use

Thanks for using Mailfoster.

Please read these Terms carefully. By using Mailfoster or signing up for an account, you’re agreeing to these Terms. This is a legal agreement. We’ll start with the basics, including a few definitions that should help you understand this agreement. Mailfoster (“Mailfoster” or the “Service”) is an email service offered through the URL www.Mailfoster.com (we’ll refer to it as the “Website”) that allows you to create, send, and manage email newsletters (each message is called an “Email”) to individual recipients. Mailfoster is owned and operated by The Vihaan Softech Private Limited, a Vihaan Softech Private Limited liability corporation. These Terms of Use (“Terms,” including our Privacy Policy, Acceptable Use Policy, API Guidelines, Copyright Policy and Brand Guidelines) define the terms and conditions under which you’re allowed to use Mailfoster, and how we’ll treat your account while you’re a Member. If you have any questions about our terms, feel free to contact us.

ACCOUNT
1. Eligibility

In order to use Mailfoster, you must: be at least eighteen (18) years old and able to enter into contracts; complete the registration process; agree to the Terms; and provide true, complete, and up to date contact information. By using Mailfoster, you represent and warrant that you meet all the requirements listed above, and that you won’t use Mailfoster in a way that violates any laws or regulations. (Representing and warranting is like making a legally enforceable promise.) Mailfoster may refuse service, close accounts of any users, and change eligibility requirements at any time.

2. Term

The Term begins when you sign up for Mailfoster and continues as long as you use the Service. Clicking the button and entering your username means that you’ve officially “signed” the Terms. If you sign up for Mailfoster on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.

3. Closing Your Account

You or Mailfoster may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we’ll refund a prorated portion of your monthly prepayment or reimburse you for unused Email Credits. We won’t refund or reimburse you if there’s cause, like a violation of these Terms or our Acceptable Use Policy. Once terminated, we may permanently delete your account and all the data associated with it, including your emails from our Website. If you don’t log in to your account for 12 or more months, we may treat your account as “inactive” and permanently delete the account and all the data associated with it.

4. Changes

We may change any of the Terms by posting revised Terms of Use on our Website and/or by sending an email to the last email address you gave us. Unless you terminate your account within ten (10) days, the new Terms will be effective immediately and apply to any continued or new use of Mailfoster. We may change the Website, the Service, or any features of the Service at any time.

5. Account and Password

You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.

6. Account Disputes

We don’t know the inner workings of your organization or the nature of your personal relationships, and we don’t arbitrate disputes over who owns an account. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. We decide 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 we’ll rely on the contact information listed for that account.

RIGHTS
7. Proprietary Rights Owned by Us

You will respect our proprietary rights in the Website and the software used to provide Mailfoster (proprietary rights include patents, trademarks, service marks, trade secrets, and copyrights). You may only use our brand assets according to our Brand Guidelines.

8. Proprietary Rights Owned by You

You represent and warrant that you either own or have permission to use all of the material in your Emails. You retain ownership of the materials that you upload to the Service. We may use or disclose your materials only as described in these Terms and our Privacy Policy.

9. Privacy Policy

We may use and disclose your information according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms.

10. Right to Review Email Campaigns

We may view, copy, and internally distribute content from your Emails and account to create algorithms and programs (“Tools”) that help us spot problem accounts. We use these Tools to find Members who violate these Terms or laws. For example, We study data internally to make our Email Genome Project smarter and create better experiences for senders and subscribers.

RULES AND ABUSE
11. General Rules

You promise to follow these rules:

You won’t send Spam! By “spam,” we mean the definition on the Spamhaus website.

You won’t violate our Acceptable Use Policy, which is part of this Agreement.

If you use our API, you’ll comply with our API Use Policy. Mailfoster does not allow accounts with the primary purpose of promoting or inciting harm towards others or the promotion of discriminatory, hateful, or harassing content. To this end, we may suspend or terminate your account if you send an email campaign, submit an advertisement or otherwise distribute any content that we determine, in our sole discretion, contains either of the following:

A Threat of Physical Harm. This means any statement, photograph, advertisement, or other content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others. Hateful Content. This means any statement, image, photograph, advertisement, or other content that in our sole judgment could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status. We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:

An organization which has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content or A Threat of Physical Harm. A person that has publicly made a comment or statement, or otherwise publicly made known a position, including by membership in an organization as discussed above, that could be reasonably perceived as Hateful Content or A Threat of Physical Harm. A person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content or A Threat of Physical Harm. If you violate any of these rules, then we may suspend or terminate your account.

12. Reporting Abuse

If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a Mailfoster user, please report it to our abuse team. (The best way to tell whether an email was sent through Mailfoster is that every Mailfoster campaign has an embedded Campaign Tracking ID in the header that makes it easy to report suspected spam.) If you think anyone has posted material that violates any copyrights, then you can notify us according to our Copyright Policy. Will clearly describe in writing how you plan to use any data collected, including for your use of Mailfoster. You’ll get express consent to transfer data to Mailfoster and be processed, and you’ll otherwise comply with whatever privacy policy you have posted. Have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you’re sending any form of email through Mailfoster. Have collected, stored, used, and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have the necessary permission to allow Mailfoster to receive and process data and send communications to that individual on your behalf. Agree to indemnify and hold us harmless from any losses, including attorney fees, that result from your breach of any part of these warranties. Have signed our Data Processing Agreement.

LIABILITY
13. Limitation of Liability

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before

14. No Warranties

To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Since people use Mailfoster for a variety of reasons, we can’t guarantee that it will meet your specific needs.

15. Equitable Relief

If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.

16. Disclaimers

We and our Team aren’t responsible for the behavior of any advertisers, linked websites, or other Members.

17. Entire Agreement

These Terms, our Privacy Policy, Acceptable Use Policy, API Guidelines (all of which are incorporated into these Terms by reference), and any additional terms you’ve agreed to by turning on specific features (“Additional Terms”) make up the entire agreement and supersede all prior agreements, representations, and understandings. Any Additional Terms will be considered incorporated into these Terms when you activate the feature. Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control. Congratulations! You’ve reached the end. Thanks for taking the time to learn about Mailfoster’s policies.

December 1, 2017