Postful Terms of Service – Our general terms and conditions
Although we may attempt to notify you via your email address when major changes are made, you should visit the terms of service page periodically to review the terms. Postful may, in its sole discretion, modify or revise these terms and conditions and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the Postful service. Nothing in this Agreement shall be deemed to confer any third party rights or benefits.
1. Description of Service. Postful provides a set of tools for sending letters by sending e-mail. This includes the ability to have e-mails rendered and mailed to an address specified in the subject line and allows users to create e-mail addresses associated with physical addresses, send e-mails to those addresses to be converted to physical mailings, and share those addresses with others (the "Service"). You understand and agree that the Service may include communications from Postful such as service announcements, administrative messages, and notifications about requested or processed mailings as governed by the Postful Privacy Policy. In addition, you understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. Postful disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. Postful also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
2. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder. Postful reserves the right to refuse service to anyone at any time without notice for any reason.
3. Proper Use. You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with the Agreement. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Postful; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; (iv) use the Service for any fraudulent or inappropriate purpose. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. Postful reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
4. Content of the Service. Postful takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does Postful have any obligation to monitor such third party content. Postful reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. Postful also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Postful, its users and the public. Postful will not be responsible or liable for the exercise or non- exercise of its rights under this Agreement.
5. Intellectual Property Rights. Postful's Intellectual Property Rights. You acknowledge that Postful owns all right, title and interest in and to the Service, including without limitation all intellectual property rights (the "Postful Rights"), and such Postful Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. The Postful Rights include rights to (i) the Service developed and provided by Postful; and (ii) all software associated with the Service. The Postful Rights do not include third-party content used as part of Service, including the content of communications appearing on the Service.
Your Intellectual Property Rights. Postful does not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit or store in your Postful account. We will not use any of your content for any purpose except to provide you with the Service.
6. Representations and Warranties. You represent and warrant that (a) all of the information provided by you to Postful to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
7. Privacy. As a condition to using the Service, you agree to the terms of the Postful Privacy Policy as it may be updated from time to time. Postful understands that privacy is important to you. You do, however, agree that Postful may monitor, edit or disclose your personal information, including the content of your emails, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Use and the Postful Privacy Policy. Personal information collected by Postful may be stored and processed in the United States or any other country in which Postful Inc. or its agents maintain facilities. By using Postful, you consent to any such transfer of information outside of your country.
8. Account Inactivity. After a period of inactivity, Postful reserves the right to disable or terminate a user's account. If an account has been deactivated for inactivity, the address associated with that account and all associated addresses may be given to another user without notice to you or such other party.
9. Publicity. Any use of Postful's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features ("Brand Features") must be in compliance with this Agreement and in compliance with Postful's then current Brand Feature use guidelines, and any content contained or reference therein, which may be found at the following URL: http://www.postful.com/ (or such other URL Postful may provide from time to time).
10. Termination; Cancellation. You may cancel your use of the Services and/or terminate this Agreement with or without cause at any time by providing notice to Postful via email; provided, however, that a terminated account may continue to exist for up to two business days before such cancellation takes effect. Postful may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system. Postful will notify you via email of any such termination or cancellation, which shall be effective immediately upon Postful's delivery of such notice. Sections 3, 4, 5, 7, and 10 - 12 of the Agreement, along with applicable provisions of the general Terms of Service (including the section regarding limitation of liability), shall survive expiration or termination.
11. Refund Policy. On receipt of a confirmed request from a registered user, Postful will provide a refund of deposited but unused funds. Postful will deduct a fee of $5 and 10% of the requested amount for each such request. No refunds of less than $5 will be processed.
12. Indemnification. You agree to hold harmless and indemnify Postful, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Postful will provide you with written notice of such claim, suit or action.
13. Arbitration. Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Los Angeles, California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding the foregoing, Postful Inc shall be entitled to seek injunctive relief, security, or other equitable remedies from any court of competent jurisdiction.