TERMS AND CONDITIONS

1 - TERMS OF USE

This agreement (hereinafter referred to as this "Agreement"), sets out the legally binding terms of usage for electronic messages sending – "e-mail" Services (hereinafter referred to as "Service") that Fazsoftmail Lda (hereinafter referred to as "Fazmail") provides to its Users. Fazmail is a trademark of Fazsoftmail Lda, with its headquarters in Avenida da Boavista nº 1773B - Edifício Burgo, escritório B3.1 Porto – Portugal.

The usage of the Service provides the User the condition of Service User (hereinafter referred to as "User"). By accessing, using and/ or registering for the service provided by Fazmail, you agree that you have read and understand this Agreement and all of its contents. This Agreement intend to be the legal equivalent of a signed, written contract and equally binding, and that you will be subject to all of the terms and conditions set forth herein.

2 - SERVICE

The SERVICE comprises an online system (hereinafter referred to as "Fazmail"), provided by Fazsoftmail Lda., and its final purpose is the management of emails sending, to control and monitor subscribers registration (hereinafter referred to as "Subscribers"), insertion and emails contact lists management of the system USERS.

2.1 Access Template

The SERVICE handled to the USER, will be provided in a web template by Internet exclusive access (http or https protocol), where programmes and systems font codes are Fazsoftmail Lda exclusivity, meaning the USER has no rights upon them.

2.2 Messages Format

Electronic messages sent by the SERVICE provided by Fazsoftmail Lda are in HTML and TEXT format. Images and attachments are not included in the message body, although connected through hyperlinks, and the recipient just needs to be connected to the Internet. This restriction is vital to reduce messages deliverance time, to increase the compatibility of e-mails and web mail's recipient's software, as well as to analyse the profile of opened messages, within other functionalities.

2.3 System Funcionalities

The service provided is not personalized, and Fazsoftmail Lda is not obliged to implement or develop software additional functionalities upon request.

2.4 Technical Support

Limitless technical support is provided by Fazsoftmail Lda., by e-mail and telephone, within working hours, and is not responsible for services that require assistance in person.

Fazsoftmail Lda, reserves the right of not providing any kind of assistance to free trial users.

3 - SERVICE ACCESS AND USAGE CONDITIONS

3.1 - When buying credits or available monthly plans, the USER (person or company) hereby acknowledge and agrees with this Agreement Terms and Privacy Policy, in force indefinitely and valid for free accounts, as well as for USERS accounts that have been converted to SERVICE clients.

3.2. System Access

In order to access the SERVICE requires an e-mail address (hereinafter referred to as "User") and a password linked to the e-mail account (hereinafter referred to as "Login"). The User is committed to preserve the login confidentiality, accordingly with the diverse warnings, regulations and instructions, and to inform Fazsoftmail Lda whenever login loss or theft occurs or if there is a risk of being used by third party.

3.3. USER Duties

The USER is committed to use the SERVICE in accordance with applicable law, ethics and best practices; to use the SERVICE for suitable and diligent purposes, as well as never to use it for illicit acts, unlawful and forbidden by the present Agreement, which might be injurious for the interest or rights of third party, or that somehow might harm the SERVICE (viruses, hoaxes, phishing, worms, pyramid schemes, harmful code and/or Trojan horses on the Internet etc.), other USERS informatics equipments (hardware and software), its documents, archives and all stored contents. It is also forbidden to obstruct the normal SERVICE utilization, informatics equipments, documents, archives and all stored contents, on behalf of others USERS and others surfers.

USER responsibility:

(a) Provide all necessary equipment to establish Internet connection, including vital software for the SERVICE application;

(b) iProvide a valid USER email address, in order to receive all replies upon each sending through the SERVICE;

(c) Every email message sent must contain an "unsubscribe" link that allows subscribers to remove themselves from your mailing list

(d) Request Fazsoftmail an analysis to the domain you will use for sending.

(e) Request SPF registration to the domain you will use for sending.

(f) Prevent that your email details are not included in the lists of those who do not wish to receive e-mail communications;

(g) It is compulsory that sender (USER) contacts are clearly identified in every message;

3.4. Prohibited Content

The SERVICE USER is compromised not to store, distribute, release or allow access to third party any of the following contents, otherwise SERVICE access will be cancelled:

(a) Inclusion or advertise illegal, immoral, obscene or harmful material;

(b) Advertise any kind of discrimination;

(c)Bring on "Bulk", "Junk" or "email spam" replies, or even "newsgroup communications" when not requested;

(d) Doesn't accomplish any intellectual or industrial property right of third companies.

3.5. Institutional and Advertisement Message

Fazsoftmail Lda, is authorized to send institutional, technical, commercial and informative messages and communications concerning the SERVICE and other Fazsoftmail Lda and its trade marks available products, to the email address provided at the moment of free account inscription, otherwise USER can be cancelled.

3.6. USER Information

USER data will be kept only as long as the USER account is valid. Fazsoftmail Lda will take no responsibility neither can be responsible for the USER data exclusion or any information store failure. Fazsoftmail Lda advises the USER to keep in his own computer a copy of the information inserted and used through the SERVICE.

Whenever Fazsoftmail Lda. or any service regulator entity verifies that the USER is sending SPAM messages or classified as so, Fazsoftmail Lda is authorized to exclude and block off, without previous warning, the USER account.

4 - THIRD PARTY UNDUE ACCESS

Fazsoftmail Lda. develops all efforts to ensure that email messages sent through the SERVICE reach the right addressee without any interferences. However, considering the nature of the SERVICE itself and due to communications and data electronic transmission techniques nowadays state, the guarantees provided by Fazsoftmail Lda are limited, as hereby described.

5 - PERSONAL DATA

In order to use the SERVICE, USERS must previously submit their personal data registration in the system, as described above. Fazsoftmail Lda process Personal Data as described on the Privacy Policy and accordingly to the legislation in force.
Fazsoftmail Lda is strictly committed with personal data comprised within its servers and database, and is obliged to ensure its security and confidentiality, accordingly to nº1, article 14 of 67/98 Law (Personal Data Protection Law).
Data management inherent to the accomplishment of the present Agreement, as well as the procedures relating to Data Protection National Committee are the USER entire responsibility, as Fazsoftmail Lda will only act on this subject under USER's instructions.

6 - GUARANTEES AND RESPONSIBILITY EXCLUSION

6.1 Guarantees and responsibility exclusion for the SERVICE functioning:

6.1.1. Availability, usefulness and fallibleness.

Fazsoftmail Lda does not guarantee availability, infallibleness and continuity of SERVICE functioning when these occur due to third party action or omission, hired or not, neither if it is useful to perform any particular activity. FAZSOFTMAIL LDA. IS EXEMPT FROM ANY RESPONSIBILITY FOR ANY DIRECT/ INDIRECT DAMAGE AND INJURY OF ANY NATURE THAT CAN BE DUE TO UNVAILABILITY, SERVICE CONTINUITY AND/ OR FUNCTIONING FAILLURE.

Fazsoftmail Lda does not guarantee messages deliverance within a suitable deadline. FAZSOFTMAIL LDA. IS EXEMPT FROM ANY RESPONSIBILITY FOR ANY DIRECT/ INDIRECT DAMAGE AND INJURY OF ANY NATURE THAT CAN BE DUE TO ACCESS, INTERCEPTION, DELETION, MODIFICATION OR MANIPULATION BY UNAUTHORIZED THIRD PARTY TO ARCHIVES AND STORED COMMUNICATIONS, TRANSMITED OR MADE AVAILABLE TO THIRD PARTY THROUGH THE SERVICE.

6.2 Guarantees and responsibility exclusion for the SERVICE utilization by its USERS.

Fazsoftmail Lda has no obligation to control, and will not assume any commitment to control how its USERS use the SERVICE, in which concerns contents sent by USERS through the SERVICE. Particularly, Fazsoftmail Lda does not guarantee that its USERS act in compliance with the law, this Agreement, moral, best practices and public order, even if they act in a diligent and prudent way. Fazsoftmail Lda still has no obligation to verify its USERS identity, neither data authenticity provided by them to Fazsoftmail Lda.
Fazsoftmail Lda IS EXEMPT OF RESPONSIBILITY FOR ANY DAMAGE AND INJURY, DIRECT AND/ OR INDIRECT, OF ANY NATURE, WHICH MIGHT BE DUE TO THE SERVICE UTILIZATION, CONTENTS PROVIDED BY MESSAGES AND COMMMUNICATIONS WHICH MAY OCCUR DUE TO LACK OF INFORMATION VERACITY, LEGALITY OR AUTHENTICITY THAT USERS PROVIDE TO OTHER USERS ABOUT THEMSELVES, PARTICULARLY, FOR ANY DAMAGE AND INJURY, DIRECT AND/ OR INDIRECT, OF ANY NATURE, WHICH MIGHT BE DUE TO A THIRD PARTY PERSONALITY SIMULATION TAKEN INTO EFFECT BY THE USER. THE USER IS REPONSIBLE FOR ALL INFORMATION AND ACTIONS INSERTED AND SENT THROUGH THE SERVICE WITH HIS LOGIN AND PASSWORD.

7 - LICENSE

Fazsoftmail Lda, allows the USER to use its server informatics application, which executes the elements that compose the SERVICE, as long as that occurs with the only purpose of SERVICE utilization and according to this Agreement statements. Fazsoftmail Lda will not grant any other license or authorization regarding its industrial and intellectual rights, or any other property or right related to the SERVICE.

8 - SERVICE CHANGES

Fazsoftmail Lda will inform the USER, with at least 24 hours in advance, about any changes concerning SERVICE access and utilization.

9 - INDEMNIFICATION

You hereby agree to defend, indemnify and hold harmless Fazsoftmail Lda and its legal representatives, directors and employees, against any damages, losses, liabilities, settlements, and expenses in connection with any claim or action that (1) arises from any alleged breach of this Agreement, (2) arises from the content or effects of any messages you distribute using the SERVICE or (3) otherwise arises from or relates to your use of the SERVICE for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, applicable regulations, national or international legislation, or other parties rights.

10 - DURATION AND TERMINATION

Free accounts last for a maximum of 10 days after signing in and might be extended if Fazsoftmail Lda wishes so or if the USER becomes an effective SERVICE client.

The USER can cancel the account at any moment and request the removal of his information's under Fazsoftmail Lda responsibility.

11 - GENERAL KNOWLEDGEMENT

The Agreement clauses designations were chosen by convenience. The same happens with "SERVICE" and "ACCOUNT" terms used just to simplify the understanding, as there is no USER remuneration. Those designations do not modify this Agreement nature and have no legal or contractual effects. All notifications to both Parties have to be written and sent by email to geral@fazsoftmail.pt or by post. Fazsoftmail Lda is able to publish notifications or messages through the SERVICE to inform the USER about SERVICE or AGREEMENT changes, or other relevant issues.

12 - APPLICABLE LAW

Service deliverance and this agreement will be governed by and construed with Portuguese applicable law.

13 - JURISDICTION

Any conflict emergent from the present terms & conditions or for the service deliverance will be decided by the Judicial District Court of Porto, with express renunciation to any other.