THE FOLLOWING TERMS OF SERVICE GOVERN YOUR ACCESS TO AND USE OF THIS SERVICE VIA OUR WEBSITE, APPLICATIONS OR OTHER MEANS. PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING OUR SERVICE. BY ACCESSING OR USING OUR SERVICE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE OUR SERVICE.
This service is owned and operated by 410 Labs. Whenever these Terms of Service refer to "we," "our," "us", or "Mailstrom" we are referring to 410 Labs.
410 Labs provides Mailstrom and other services to you, subject to the following Terms of Service ("TOS"), which may be updated by us anytime without notice to you. When using particular 410 Labs services, you shall be subject to any posted guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. For specific services, 410 Labs also may put forth specific Terms of Service that differ from this TOS. It is your responsibility to periodically review the TOS. If you do not agree with or understand the TOS, do not use a 410 Labs service.
The TOS apply to both "Affiliates" (persons or entities that receive the Service, as defined below, for redistribution and/or republication on a non-410 Labs website) and "Users" (all persons, including Affiliates, that make any use whatsoever of any Service, as defined below). 410 Labs currently provides Affiliates and Users with several resources, including email, public posting and discussion forums, feeds, profiles, and ratings (the "Service"). Unless expressly stated otherwise, new resources added to the current Service shall be subject to the TOS. You understand and agree that the Service is provided "as is" and that 410 Labs assumes no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communications or personalization settings.
In consideration of your use of the Service, you agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it truthful, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or 410 Labs has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, 410 Labs has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). You may receive a password and account designation upon completing the registration process for the use of some Services. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify 410 Labs of any unauthorized use of your password or account or any other breach of security and (b) ensure that you exit from your account at the end of each session. 410 Labs cannot and will not be liable for any loss or damage arising from your failure to comply with this Paragraph.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not 410 Labs, are entirely responsible for all Content that you upload, post, email, or otherwise transmit via the Service. 410 Labs does not control the Content posted via the Service and thus does not guarantee its accuracy, integrity, or quality. By using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will 410 Labs be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, or otherwise transmitted via the Service.
You acknowledge that 410 Labs does not pre-screen Content, but that 410 Labs and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, 410 Labs and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by 410 Labs or submitted to 410 Labs, including without limitation information in public forums and in all other parts of the Service.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
With respect to all Content you elect to post to publicly accessible areas of the Service, you grant 410 Labs the royalty-free, perpetual, irrevocable, non-exclusive, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
You agree to indemnify and hold 410 Labs and its subsidiaries, Affiliates, officers, agents, co-branders or other partners, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to, or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
You acknowledge and agree that 410 Labs may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of 410 Labs, its Users, and the public.
You acknowledge and agree that 410 Labs may gather anonymous (i.e. not personally-identifying) data in order to discover and analyze market trends, and that 410 Labs may share such anonymous data with third parties. Such data is not personally-identifying and is not used to identify or target individuals. You may choose not to participate in this program without affecting your Mailstrom subscription by going to Settings#preferences and choosing "Not OK".
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
410 Labs grants you a personal, non-transferable, and non-exclusive right and license to use the object code of its Software on a single computer, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by 410 Labs for use in accessing the Service.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Service, use of the Service, or access to the Service, except in accordance with the TOS.
You acknowledge that 410 Labs may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days Content will be retained by the Service, the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on 410 Labs's servers on your behalf, and the maximum number of times and the maximum duration for which you may access the Service in a given period of time. You agree that 410 Labs has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that 410 Labs reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that 410 Labs reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
410 Labs reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof), with or without notice. You agree that 410 Labs shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
You agree that 410 Labs, in its sole discretion, may terminate your password, account (or any part thereof), or use of the Service and remove and discard any Content within the Service for any reason. 410 Labs may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, or may change the price for the Service, all with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be affected without prior notice, and acknowledge and agree that 410 Labs may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that 410 Labs shall not be liable to you or any third party for any termination of your access to the Service.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that 410 Labs shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service or third parties may provide links to other World Wide Web sites or resources. Because 410 Labs has no control over such sites and resources, you acknowledge and agree that 410 Labs is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that 410 Labs shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods, or services available on or through any such site or resource.
You acknowledge and agree that the Service and any necessary software used in connection with the Service (the "Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by 410 Labs or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Software, in whole or in part.
You agree to not use the Service to:
Further, in selecting a username your agree:
410 Labs respects the rights and intellectual property of others; we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or want to report any other abuse or violation of your rights, please contact us at mailstrom@410Labs.com or 410 Labs, 1106 N. Charles St, Suite 410, Baltimore, MD 21201.
Your Mailstrom subscription plan will continue in effect unless and until you or we cancel your account. You must cancel your account before it renews each month or year in order to avoid billing of the next month's or year's fees to your credit card. Mailstrom will bill the monthly or yearly fees associated with your service plan, plus any applicable tax to the credit card you provide to us during registration (or to a different credit card if you change your account information).
Paid Mailstrom plans are prepaid and are non-refundable. Mailstrom DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MONTHS OR YEARS. You may cancel your account at any time, and the cancellation will take effect immediately. If you wish to cancel your account or change account information, you may do so at Mailstrom.co/settings. Should you elect to cancel your account, please note that you will not be issued a refund for the most recently (or any previously) charged fees.
By purchasing a paid Mailstrom subscription plan and providing Mailstrom with your payment account information, you hereby agree to these payment terms and conditions.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT 410 LABS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF 410 LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
THE SERVICE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NO CONTENT INCLUDED IN THE SERVICE IS INTENDED FOR TRADING OR INVESTING PURPOSES. 410 LABS SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, USEFULNESS, OR AVAILABILITY OF ANY INFORMATION TRANSMITTED VIA THE SERVICE AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY TRADING OR INVESTMENT DECISIONS MADE BASED ON SUCH INFORMATION.
The TOS constitute the entire agreement between you and 410 Labs and govern your use of the Service, superseding any prior agreements between you and 410 Labs. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. The TOS and the relationship between you and 410 Labs shall be governed by the laws of the State of Maryland without regard to its conflict of law provisions. You and 410 Labs agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Baltimore County, Maryland. The failure of 410 Labs to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and that the other provisions of the TOS remain in full force and effect. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Updated February 15, 2016