Fastlivemail Terms of Service

Welcome to Fastlivemail.com

1. Your relationship with Fastlivemail

1.1 Your use of FastLivemailLLC products, software, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by FastLivemail.com under a separate written agreement) is subject to the terms of a legal agreement between you and Fastlivemail.com. “FastLivemail” means FastLivemailLLC., whose principal place of business is at Clemmons NC, United States. This document explains how the agreement is made up, and sets out some of the terms of that agreement.

1.2 Unless otherwise agreed in writing with FastLivemail, your agreement with FastLivemail will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.

1.3 Your agreement with FastLivemail will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.

1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and FastLivemail in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.

1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.

2. Accepting the Terms

2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.

2.2 You can accept the Terms by:

(A) Clicking to accept or agree to the Terms, where this option is made available to you by Fastlivemail in the user interface for any Service; or

(B) By actually using the Services. In this case, you understand and agree that FastLivemail will treat your use of the Services as acceptance of the Terms from that point onwards.

2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with FastLivemail, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.

2.4 Before you continue, you should print off or save a local copy of the Universal Terms for your records.

3. Language of the Terms

3.1 Where Fastlivemail has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with FastLivemail.

3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.

4. Provision of the Services by FastLivemail

4.1 FastLivemail has subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of FastLivemail itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.

4.2 FastLivemail is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which FastLivemail provides may change from time to time without prior notice to you.

4.3 As part of this continuing innovation, you acknowledge and agree that FastLivemail may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Fastlivemail’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform FastLivemail when you stop using the Services.

4.4 You acknowledge and agree that if FastLivemail disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

4.5 You acknowledge and agree that while FastLivemail may not currently have set a fixed upper limit on the number of transmissions you may send through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Fastlivemail at any time, at Fastlivemail’s discretion.

5. Use of the Services by you

5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to FastLivemail will always be accurate, correct and up to date.

5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).

5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by FastLivemail, unless you have been specifically allowed to do so in a separate agreement with FastLivemail. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.

5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

5.5 Unless you have been specifically permitted to do so in a separate agreement with FastLivemail, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

5.6 You agree that you are solely responsible for (and that FastLivemail has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which FastLivemail may suffer) of any such breach.

5.7 FastLivemail monthly plans charges are posted on our website and may be changed from time-to-time. Payments are in advance of service for the full month for which any part of the month is included in the "Term." Payments are due for any month on the same date, or the closest date in that month. Your date of sign up is considered the monthly "Pay Date". Any upgrades in service plansthat causes you to go to another pricing level, except as otherwise provided in this Agreement, you will be required to pay at the higher level on or before the Pay Date for the following month. If the Term ends before such payment is due, you will still be required to make one payment at the higher level.

5.8 FastLivemail is required to provide a refund only if we terminate our Services to you without cause before the end of a month for which you have paid. There is no other circumstance in which you will be entitled to a refund from us. We may, at our sole discretion, offer refunds in other situations subject to any Member seeking such refund applying for the refund in accordance with the requirements we post on the website, which may be changed from time to time.

5.9 FastLivemail is required to collect and remit sales tax from its customers located in state and local jurisdictions where software delivered as a service is taxable and where FastLivemail maintains a physical presence. FastLivemail determines your local taxing jurisdiction based on the billing address that you list in the "My Account" section of your account.

6.Anti-Spam and Abuse Related Rules

6.1 FastLivemail has a Zero tolerance for the sending of spam and unsolicited mail, we prohibit the use of purchased mail lists, rented, or harvested. Any customer found in Non -Complianceof the CAN-SPAM Act:using FastLivemail to send such mail is banned from the use of our service.

6.2You agree to the following:

The CAN-SPAM Act: A Compliance Guide for Business

http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.pdf

Do you use email in your business? The CAN-SPAM Act, a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have you stop emailing them, and spells out tough penalties for violations.

Despite its name, the CAN-SPAM Act doesn’t apply just to bulk email. It covers all commercial messages, which the law defines as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service,” including email that promotes content on commercial websites. The law makes no exception for business-to-business email. That means all email – for example, a message to former customers announcing a new product line – must comply with the law.

Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $16,000, so non-compliance can be costly. But following the law isn’t complicated.

(a) Definition of SPAM: We have adopted the definition of Spam set forth on the Spamhaus website at http://www.spamhaus.org/definition.html The first line of the Spamhaus definition reads: The word "Spam" as applied to Email means Unsolicited Bulk Email ("UBE").

6.3 FastLivemail takes several steps to ensure abuse of our service is kept to a minimum.

6.4 Checks and Balance: FastLivemail interviews new clients about both the origins of their mailing lists and their marketing practices in order to provide assistance and understanding of spam.

6.5 Clients who do not meet our standards are not allowed to use the FastLivemail service.

6.6 We random check each uploaded mailing lists for addresses that appear suspect like sales@, info@, etc. If we see anything suspicious, the account is frozen and the client is contacted.

6.7 E Campaigns and videoclips /emails are viewed before they can go to release. If we have any concerns, the message is frozen and we contact the client.

6.8 If you suspect a client of abusing our service (or have any questions regarding our policies), please do not hesitate to contact us at http://www.Fastlivemail.com/accountsAs noted above, all complaints are investigated, and you will receive a response detailing the action we’re taking to deal with the issue.

7. Your passwords and account security

7.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

7.2 Accordingly, you agree that you will be solely responsible to FastLivemail for all activities that occur under your account.

7.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify FastLivemail immediately at http://www.Fastlivemail.com/accountsYour password and credit card data are encrypted and passed via Secure Sockets Layer (SSL). All information is housed offsite in undisclosed, physically secure locations

8. Privacy and your personal information

8.1 FastLivemail’s data protection State-of-the-art-encryption and data security policies keep your passwords, credit card numbers and email lists safe.Fastlivemail treats your personal information, and protects your privacy, when you use the Services.

8.2 It is the policy of FastLivemail LLC to respect the privacy of individuals who visit the website, create accounts and/or provide comments to us. We collect addresses, names and other identifying and contact information from users of the Site in order to correspond with customers about any questions relating to the Services. Occasionally we may use this information to send users information about specials and promotions that we may be passing along to customers. You may choose not to receive this information by updating your account profile and de-selecting the option to receive specials and promotions. We may also collect identifying information about you through a log of all traffic on our website and aggregate that information into site functionality data. Our purpose for collecting the information is to analyze the use of our website and improve its format and functionality. We may on occasion provide aggregate demographical information about website users or purchasers to third parties, such as suppliers or advertisers, but such information does not identify specific individuals. We do not currently use any personally identifiable information for any purpose other than those we have described here, for example we do not sell or rent any personally identifiable information about our users to any third party. FastLivemail LLC does reserve the right to provide user information to third parties when required to comply with U.S. law or legal procedure, to protect FastLivemail LLC or its users’ rights or property, and in emergency situations if physical safety or health is at issue. Registration data and certain other information about you are subject to our Privacy Policy.

8.3 You agree to the use of your data in accordance with FastLivemail’s privacy policies.

9. Content in the Services

9.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.

9.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to FastLivemail (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by FastLivemail or by the owners of that Content, in a separate agreement.

9.3 FastLivemail reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. FastLivemail may provide tools to filter out explicit sexual contentwe may find objectionable. Messages that are in any way illegal such as sales of illegal substances, weapons’, terror treats, abuse, solicitation of escort services, or sales of any products or services that cannot be legally sold by Customer;

Grossly offensive messages such as messages promoting hatred, bigotry, intolerance of religious beliefs, racism or any other messages that FastLivemail, at its sole discretion, may deem to be offensive;Includes images that are not expressly authorized by either FastLivemail or the owner of such images;Introduces any computer viruses, worms or software code that is detrimental to Customer's recipients;Any messages that includes spam (SeeFastLivemail6.Anti-Spam and Abuse Related Rules); orAny messages that are in any way prohibited by applicable law, would constitute a violation of applicable law or be inconsistent with community standards in any jurisdiction in which the recipient resides.

9.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

9.5 You agree that you are solely responsible for (and that FastLivemail has no responsibility to you or to any third party for) any Content that you create, transmit to social media or display while using the Services and for the consequences of your actions (including any loss or damage which FastLivemail may suffer) by doing so.

10. Proprietary rights

10.1 You acknowledge and agree that FastLivemail (or FastLivemail’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by FastLivemail and that you shall not disclose such information without FastLivemail’s prior written consent.

10.2 Unless you have agreed otherwise in writing with FastLivemail, nothing in the Terms gives you a right to use any of FastLivemail’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

10.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with FastLivemail, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and FastLivemail's brand feature use guidelines as updated from time to time.

10.4 Other than the limited license set forth in Section 11, FastLivemail acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with FastLivemail, you agree that you are responsible for protecting and enforcing those rights and that FastLivemail has no obligation to do so on your behalf.

10.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.

10.6 Unless you have been expressly authorized to do so in writing by Fastlivemail, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

11. License from FastLivemail

11.1 FastLivemail gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by FastLivemail as part of the Services as provided to you by FastLivemail (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by FastLivemail, in the manner permitted by the Terms.

11.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by FastLivemail, in writing.

11.3 Unless FastLivemail has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

12. Content license from you

12.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give FastLivemail a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling FastLivemail to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.

12.2 You agree that this license includes a right for FastLivemail to make such Content available to other companies, organizations or individuals with whom FastLivemail has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.

12.3 You understand that FastLivemail, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. (c) third party providers may provide such provisions to convert media rich video, audio and template graphic design actions, You agree that this license shall permit FastLivemail to take these actions.

12.4 You confirm and warrant to FastLivemail that you have all the rights, power and authority necessary to grant the above license.

13. Software updates

13.1 The Software which you use may automatically download and install updates from time to time from FastLivemail. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit FastLivemail to deliver these to you) as part of your use of the Services.

14. Ending your relationship with FastLivemail

14.1 The Terms will continue to apply until terminated by either you or FastLivemail as set out below.

14.2 If you want to terminate your legal agreement with FastLivemail, you may do so by (a) notifying Fastlivemail at any time and (b) closing your accounts for all of the Services which you use, where FastLivemail has made this option available to you. Your notice should be sent, in writing, to FastLivemail’s address which is set out at the beginning of these Terms.

14.3 FastLivemail may at any time, terminate its legal agreement with you if:

14a you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or

14bFastLivemail is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or

14c the partner with whom FastLivemail offered the Services to you has terminated its relationship with FastLivemail or ceased to offer the Services to you; or

14dFastLivemail is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or

14e the provision of the Services to you by FastLivemail is, in FastLivemail’s opinion, no longer commercially viable.

14.4 Nothing in this Section shall affect FastLivemail’s rights regarding provision of Services under Section 4 of the Terms.

14.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and FastLivemail have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 20.7 shall continue to apply to such rights, obligations and liabilities indefinitely.

15. EXCLUSION OF WARRANTIES

15.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT FASTLIVEMAIL’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

15.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”

15.3 IN PARTICULAR, FASTLIVEMAIL, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

(a) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,

(b) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,

(c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND

(d) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

15.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

15.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FASTLIVEMAIL OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

15.6 FASTLIVEMAIL FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

16. LIMITATION OF LIABILITY

16.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT FASTLIVEMAIL, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

(a) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;

(b) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

(c) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;

(d) ANY CHANGES WHICH FASTLIVEMAIL MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);

(e) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;

(f) YOUR FAILURE TO PROVIDE FASTLIVEMAIL WITH ACCURATE ACCOUNT INFORMATION;

(g) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

16.2 THE LIMITATIONS ON FASTLIVEMAIL’S LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT FASTLIVEMAIL HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

17. Copyright and trade mark policies

17.1 It is FastLivemail’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.

17.2 FastLivemail operates a trade mark complaints procedure in respect of FastLivemail’s advertising business practices.

18.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.

18.2 The manner, mode and extent of advertising by FastLivemail on the Services are subject to change without specific notice to you.

18.3 In consideration for FastLivemail granting you access to and use of the Services, you agree that FastLivemail may place such advertising on the Services.

19. Other content

19.1 The Services may include hyperlinks to other web sites or content or resources. FastLivemail may have no control over any web sites including social media or resources which are provided by companies or persons other than FastLivemail.

19.2 You acknowledge and agree that FastLivemail is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

19.3 You acknowledge and agree that FastLivemail is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

20. Changes to the Terms

20.1 FastLivemail may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, FastLivemail will make a new copy of the Universal Terms available at and any new Additional Terms will be made available to you from within, or through, the affected Services.

20.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, FastLivemail will treat your use as acceptance of the updated Universal Terms or Additional Terms.

21. General legal terms

21.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.

21.2 The Terms constitute the whole legal agreement between you and FastLivemail and govern your use of the Services (but excluding any services which FastLivemail may provide to you under a separate written agreement), and completely replace any prior agreements between you and FastLivemail in relation to the Services.

21.3 You agree that FastLivemail may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

21.4 You agree that if FastLivemail does not exercise or enforce any legal right or remedy which is contained in the Terms (or which FastLivemail has the benefit of under any applicable law), this will not be taken to be a formal waiver of FastLivemail’s rights and that those rights or remedies will still be available to FastLivemail.

21.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

21.6 You acknowledge and agree that each member of the group of companies of which FastLivemail is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.

21.7 The Terms, and your relationship with FastLivemail under the Terms, shall be governed by the laws of the State of North Carolina without regard to its conflict of laws provisions. You and FastLivemail agree to submit to the exclusive jurisdiction of the courts located within the county of Forsyth, North Carolina to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that FastLivemail shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

November 05, 2010