FastMail Direct End User License Agreement

1. Services

FastMail Direct provides a one-time printing and mailing service for physical mailpieces (“Mailpieces”) sent via the United States Postal Service to either (a) a custom-generated mailing list prepared by FastMail Direct (the “Data”) or (b) a mailing list uploaded by Purchaser. Services are collectively referred to as the “Service.”

2. Purchaser Content and Approval

Purchaser is solely responsible for all content placed on Mailpieces, including text and images, and for the legality, accuracy, and appropriateness of such content. Purchaser must review and approve a proof of each Mailpiece prior to production. Once approved, Purchaser waives any claim against FastMail Direct for content errors. FastMail Direct reserves the right, in its sole discretion, to refuse to print or mail any content it deems illegal, defamatory, obscene, harassing, or otherwise objectionable, without liability to Purchaser.

3. Uploaded Lists; Purchaser Warranties

If Purchaser uploads a mailing list, Purchaser represents and warrants that: (a) Purchaser owns or is properly licensed to use the list; (b) the list was lawfully compiled and Purchaser’s use of it complies with all applicable laws, including without limitation the CAN-SPAM Act, the Telephone Consumer Protection Act, state data-privacy laws, and any applicable international data-protection laws; and (c) Purchaser has obtained all consents required for the intended mailing.

4. Use of Data

Purchaser will receive an electronic copy of any Data provided by FastMail Direct. Purchaser agrees that it will not, and will not permit any third party to:

• (a) use the Data to prepare, publish, clean, or maintain any directory of any kind;
• (b) use the Data to compile, enhance, verify, supplement, add to, or detract from any mailing list, geographic or trade directory, business directory, classified directory, classified advertising, or other compilation of information that is sold, rented, published, or provided to a third party;
• (c) use the Data to generate statistical information that is sold, rented, published, furnished, or otherwise provided to a third party; or
• (d) use the Data in connection with any individual credit, employment, or insurance application.

FastMail Direct may seed the Data to detect unauthorized use or duplication, and Purchaser agrees not to remove seeds. Purchaser will comply with all applicable state and federal laws governing access to and use of public records.

5. Data Accuracy

Public-record information provided by FastMail Direct is current only as of the date provided and is made available on an “as-is” basis. FastMail Direct is not responsible for the record-keeping practices of third parties, including local, state, and federal agencies. Purchaser acknowledges that the Data is secured through fallible human and automated sources, will contain some degree of error, and that FastMail Direct’s pricing reflects that acknowledged degree of error.

6. Service Availability

FastMail Direct uses redundant systems to minimize service interruptions but makes no warranty regarding uptime or delivery timing. FastMail Direct is not responsible for delays or failures caused by force majeure, the United States Postal Service, United Parcel Service, or any other third-party carrier or service provider.

7. Disclaimer of Warranties

EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, THE SERVICE AND DATA ARE PROVIDED “AS IS” AND “AS AVAILABLE.” FASTMAIL DIRECT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FASTMAIL DIRECT’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT PAID BY PURCHASER FOR THE SPECIFIC ORDER GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). IN NO EVENT SHALL FASTMAIL DIRECT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOST BUSINESS OPPORTUNITIES.

The limitations in this Section do not apply to liability arising from FastMail Direct’s gross negligence or willful misconduct to the extent such limitations are prohibited by applicable law.

9. Indemnification

Purchaser will defend, indemnify, and hold harmless FastMail Direct, its members, officers, employees, and agents from and against any claim, loss, damage, liability, cost, or expense (including reasonable attorneys’ fees) arising out of: (a) Mailpiece content provided or approved by Purchaser; (b) any uploaded list or Purchaser’s use of any Data in violation of this Agreement; (c) Purchaser’s breach of any representation or warranty in this Agreement; or (d) Purchaser’s violation of any applicable law.

10. Refunds

Refunds, if any, are granted at FastMail Direct’s sole discretion. Nothing in this Agreement obligates FastMail Direct to issue a refund.

11. Governing Law and Dispute Resolution

This Agreement is governed by the laws of the State of North Carolina, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to this Agreement shall be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, with the seat of arbitration in Wilmington, North Carolina. Judgment on the award may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, either party may bring an individual action in small-claims court for disputes within that court’s jurisdiction.

The parties waive any right to participate in a class, collective, or representative action.

12. Miscellaneous

This Agreement constitutes the entire agreement between the parties regarding the Service and supersedes any prior understandings. If any provision is held unenforceable, the remaining provisions remain in full force. FastMail Direct may update this Agreement from time to time; the version in effect on the Purchase Date governs that order. No waiver of any provision shall be deemed a waiver of any other provision. Purchaser may not assign this Agreement without FastMail Direct’s prior written consent.