Terms and conditions

Fellow Cosmonauts Web Technologies Inc. ( "Fellow Cosmonauts" ­/­ "we" ­/­ "us" ­/­ "our" ) owns and operates the website located at www.flowmail.com ( "Website" ) and the Service (described below). These Terms of Use (the  "Terms"  apply to all users of the Website, including users who upload any materials to the Website, users who use Services provided through this Website and users who simply view the content on or available through this Website.

By using this Website and/or the Service you indicate your acceptance of these Terms of Use together with our Privacy policy and  Acceptable Use Policy . If you do not accept these Terms, then do not use this Website or the Services. These Terms may be amended or updated by us from time to time without notice and the Terms may have changed since your last visit to this Website. It is your responsibility to review these Terms for any changes. Your use after any amendments or updates of these Terms shall signify your acceptance of such revised Terms. Any new features that may be added to this Website from time to time will be subject to these Terms of Use, unless stated otherwise.

  1. The Service. The Flowmail service allows users to create email lists, upload content and send email campaigns (the “Service”). In order to access the Service, you must be a registered user. To register for an account, you must provide us with your full name, company name, address, email address, password and credit card information. We require your credit card information even if you are registering for the Free Limited Service (defined below) as this information assists us in verifying that you are not a spammer.

  2. Subscription Options.  We offer two subscription options. If you would like to use the Service to send email campaigns to less than 500 unique email addresses, there is no charge to use the Service ( "Free Limited Service" ). Alternatively, if you would like to send email campaigns to more than 500 unique email addresses, you will be charged a monthly subscription fee ( "Paid Service" ). Our subscription fees and payment terms are available at Pricing and they are subject to change at any time. You may upgrade from the Free Limited Service to the Paid Service at any time by logging into your account and updating your subscription option. You may not exploit the Service by uploading, sending, deleting then replacing contacts in order to send campaigns to more unique email addresses than you are permitted for the subscription option you have selected. If you exploit the Service in this manner, we shall have the right to terminate your access to the Service and/or to charge you a liquidated damage fee corresponding with the level of service that you have used.

  3. Content.  All information, contact lists, data, text, music, sound, photographs, graphics, video, messages, emails or other materials, uploaded to and/or transmitted using the Service ( "User Content" ), is the sole responsibility of such viewers or users. This means that the viewer or user, and not Fellow Cosmonauts, are entirely responsible for all such material emailed using the Service. Fellow Cosmonauts does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will Fellow Cosmonauts be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials emailed, transmitted or otherwise made available via the Service.

  4. Spam.  By registering to use the Service, you represent and warrant that you will not use the Service to transmit any commercial electronic messages unless you have obtained the necessary consents from the recipients. It is your sole responsibility to ensure that you comply with all applicable laws and regulations regarding commercial electronic messages, including without limitation Canada’s Anti- Spam Legislation and the United States CAN-SPAM Act. We reserve the right to monitor your account and/or investigate any complaints that you are using the Service to send commercial electronic messages in violation of any applicable laws and/or regulations, and to suspend and/or terminate your access to the Service if in our sole discretion we determine that you have used the Service to send commercial electronic messages without complying with the applicable laws and/or regulations.

  5. Restrictions on U ser Content and Use of the Service.  Fellow Cosmonauts reserves the right at all times (but will have no obligation) to remove or refuse to distribute any User Content and to terminate users. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public.

    In using the Website and/or the Service You shall not:

    1. copy any content unless expressly permitted to do so herein;

    2. upload, email, transmit or otherwise make available any material that:

      1. is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;

      2. You do not have a right to make available under any law or under a contractual relationship;

      3. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);

      4. is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

      5. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy; or

      6. contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;

    3. impersonate any person or entity or misrepresent their affiliation with a person or entity;

    4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or impersonate another person or organization;

    5. interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;

    6. intentionally or unintentionally violate any applicable local, state, national or international law or regulation;

    7. collect or store personal data about other users or viewers;

    8. license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or Service;

    9. modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law; or

    10. register for the Service on behalf of a group or corporate entity.

    You also agree not to access the Website in a manner that utilizes the resources of the Website more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website.

  6. License of Content.  By submitting User Content to the Service, you grant us (and our agents) a nonexclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, publicly display, distribute and otherwise exploit such User Content as required to provide you with the Service that you have requested. Fellow Cosmonauts will not be responsible or liable for any use of User Content in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.

  7. Proprietary Rights.  Except for User Content, this Website and the information and materials that it contains, are the property of Fellow Cosmonauts and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Nothing in the Terms gives you a right to use the Fellow Cosmonauts or Fellow Cosmonauts names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website. Any future release, update, or other addition to functionality of the Website shall be subject to the terms of these Terms.

  8. Feedback.  If You provide Fellow Cosmonauts with any suggestions, comments or other feedback relating to any aspect of the Website and/or Service ( "Feedback" ), Fellow Cosmonauts may use such Feedback in the Website or in any other Fellow Cosmonauts products or services (collectively,  "Fellow Cosmonauts Offerings" ). Accordingly, You agree that: (a) Fellow Cosmonauts is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Fellow Cosmonauts, (c) Fellow Cosmonauts (including all of its successors and assigns and any successors and assigns of any of the Fellow Cosmonauts Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Fellow Cosmonauts Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from Fellow Cosmonauts or any of the other users of the Website in respect of the Feedback.

  9. Disclaimer of representations, warranties and conditions. the website, service and all materials provided therein are provided "as is." fellow cosmonauts specifically disclaims all representations, warranties and conditions, either express, implied, statutory, by usage of trade, course of dealing or otherwise including but not limited to any implied warranties or conditions of merchantability, merchantable quality, non-infringement, durability, title, satisfactory quality or fitness for a particular purpose. you will be solely responsible for any damage to your computer system, loss of data, or any other loss that results from using any such material. fellow cosmonauts will not be liable for any type of content exchanged by means of the service. we make no representations and give no warranties or conditions that email campaigns sent using the service will be rendered properly or appear consistently across all platforms and we will not be liable for any content that is not rendered in an appropriate format.

  10. Limitation of liability.  under no circumstances shall fellow cosmonauts be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any damages that result from (i) your use of or your inability to use this website or the service, (ii) the cost of procurement of substitute goods, data, information or services, (iii) errors, mistakes, or inaccuracies in the materials on the website, (iv) personal injury or property damage of any kind whatsoever arising from or relating to your use of the service, any bugs, viruses, trojan horses, or any other files or data that may be harmful to computer or communication equipment or data that may have been transmitted to or through the website, (v) any errors or omissions in any material on the website, or (vi) any other loss or damage of any kind arising from or relating to your use of the website. these limitations shall apply even if fellow cosmonauts has been advised of the possibility of such damages. notwithstanding anything to the contrary contained herein, fellow cosmonauts’s liability to you for any damages arising from or related to this agreement (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of (a) fifty u.s. dollars ($50) or (b) amounts you’ve paid fellow cosmonauts in the prior 12 months (if any). the foregoing limitations shall apply to the fullest extension permitted by law in the applicable jurisdiction.

  11. Indemnification.  you shall indemnify and hold fellow cosmonauts and its subsidiaries, affiliates, officers, agents, and employees, harmless from all claims, actions, proceedings, demands, damages, losses, costs, and expenses (including reasonable attorneys' fees), incurred in connection with any materials submitted, posted, transmitted or made available by you through the service and/or any violation by you of these terms of use and/or any applicable law or regulation, including without limitation any violation of any anti-spam laws or regulations including canada’s anti spam legislation and the united states can-spam act. every right, exemption from liability, indemnity, release, defense, immunity and waiver of whatsoever nature applicable to a party under these terms shall also be available and shall extend to benefit and to protect such party’s affiliates and its and their officers, directors and employees and for such purposes such party is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of such companies and persons for such rights, exemptions from liability, indemnities, releases, defenses, immunities and waivers.

  12. Termination.  You may terminate your account at any time by providing us with notice. Fellow Cosmonauts may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Website or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Use or any other agreement that You may have with Fellow Cosmonauts (including, without limitation, non-payment of any fees owed in connection with the website or otherwise owed by You to Fellow Cosmonauts), (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the website (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities. Termination of Your access to the Website may also include removal of some or all of the materials uploaded by You including Your contact list and email content. You acknowledge and agree that all terminations may be made by Fellow Cosmonauts in its sole discretion and that Fellow Cosmonauts shall not be liable to You or any third-party for any termination of Your access to this Website or for the removal of any of the materials uploaded by You to the Website. Any termination of these Terms of Use by Fellow Cosmonauts shall be in addition to any and all other rights and remedies that Fellow Cosmonauts may have.

  13. Contra Proferentum.  Should any provision of these Terms require judicial interpretation, mediation or arbitration, it is agreed that the court, mediator or arbitrator interpreting or construing the same shall not apply a presumption that the terms thereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same.

  14. Availability & Updates.  Fellow Cosmonauts may alter, suspend, or discontinue this Website and the Service at any time and for any reason or no reason, without notice. The Website and/or Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Fellow Cosmonauts may periodically add or update the information and materials on this Website without notice.

  15. Security.  Information sent or received over the Internet is generally non-secure and Fellow Cosmonauts cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. Fellow Cosmonauts will not be liable for any loss or damage arising from your failure to comply with these requirements.

  16. General.  These Terms of Use, together with our Privacy Policy [insert hyperlink] and our Acceptable Use Policy [insert hyperlink], constitutes the entire agreement between the parties relating to the Website and Service and all related activities. These Terms of Use shall not be modified except in writing signed by both parties or by a new posting of these Terms of Use issued by Fellow Cosmonauts. If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of Fellow Cosmonauts to exercise or enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Fellow Cosmonauts must be in writing and shall only apply to the specific instance identified in such writing. You may not assign the Terms of Use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without Fellow Cosmonauts’s prior written consent. Fellow Cosmonauts may assign these Terms of Use at any time including without limitation, in connection with a change of control. The construction, validity and performance of these Terms, the Privacy Policy and the Acceptable Use Policy will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The Parties hereby irrevocably agree to attorn to the jurisdiction of the courts of the Province of Ontario.

If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Service, please contact us at:  privacy@getflowmail.com .