Terms of Service

Updated May, 2018

This page describes FreeLists, a Service of Avenir Technologies, LLC., including "FreeLists", "us," "we," and "our." We describe what the Service is, how it's used, how the service is terminated, and what is expected of you as a user of the Service. By using the Service you agree to these Terms.

What FreeLists does

FreeLists provides a mailing list (sometimes called "group") functionality where by one or more subscribers "posts" (sends an email) to an address at the Service that results in emails further being sent to other subscribers who have opted to receive the communications. It might be thought of as a giant, automated Cc: list. Lists take the form of both newsletters (one-way) and discussion fora (many-to-many).

Our customers self-manage thousands of such lists. Their subscribers (list members) must opt-in and consent to receive the content posted.

Posted content is public. We archive everything as a means of growing public knowledge.

What FreeLists does not do

The Service is not a marketing service, platform, or conduit. We don't participate in advertising, lead generation, analytics, or any form of tracking. We aren't an e-commerce platform. We don't provide "leads" or "contacts." We don't send SPAM.

The Service is not commercial. Though we do our best to provide a reliable offering, we provide no warranty for fitness of the service, express or implied -- see below. The Service is provided free of charge.

Your responsibilities as a list participant

As a list participant (subscriber), which includes list administrators, you are required to:

  1. Be at least 16 years of age;
  2. Read, understand and accept the Terms as well as our Privacy Policy;
  3. Provide consent. You may not participate in a mailing list without willfully accepting the Terms;
  4. Comply with copyright, trademark, and patent laws: You affirm that you own all right, title and interest in and to all content you submit to and share with the Service, including but not limited to all copyrights, trademarks, and patents contained therein. Violation of another's rights may result in immediate termination of Service; repeat offenders guarantee termination;
  5. Agree that your posts (content) may not include pornography, adult content or nudity. We foster an open and inclusive environment but ask you to use common sense judgement when it comes to how acceptable content will be;
  6. Agree that any suggestions or comments you submit to FreeLists, including but not limited to ideas for or potential improvements to the Service are both non-confidential and become our property. We may for example use your testimonials on our site, or encorporate a suggestion for a feature into the Service without acknowledgment or compensation of any kind;
  7. Not interfere with the Service or others' ability to use it;
  8. Not post any content that contains viruses or any other code, files or programs designed to interrupt, damage or limit the functionality of any telecommunications equipment.

Your responsibilities as a list administrator

ADDITIONALLY, as a list owner, administrator, or moderator, you are required to:

  1. Understand what a mailing list is and how it works. Be or become proficient in operating one, your subscribers are counting on you. Be familiar with email and be responsive;
  2. Accept responsibility for the content of your list. Keep content appropriate for public consumption: Enforce our policy of banning racism, hate speech, bullying, nudity and sexually explicit material, violence, gore from your list(s);
  3. Ensure consent: every subscriber must opt-in and provide formal consent to participate in a list. Be particularly careful with this if you intend to send content that is commercial in nature;
  4. Understand that you are using the Service with thousands of others. Friendly use of the Service such that it doesn't interfere with others' uses is required;
  5. Ensure that you and your subscribers are familiar with and comply with the Terms. Be forthcoming with FreeLists if you become aware of any violation of them.

Disclaimer of Warranty

The Service is provided as is without any guarantees or warranty. In association with the product, FreeLists and Avenir Technologies, LLC make no warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, of title, or of noninfringement of third party rights. Use of the product by a user is at the user’s risk.

NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, THE PRODUCTS TO WHICH THE INFORMATION MENTIONS MAY BE USED WITHOUT INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS, OR OF ANY OTHER NATURE ARE MADE WITH RESPECT TO INFORMATION OR THE PRODUCT TO WHICH INFORMATION MENTIONS. IN NO CASE SHALL THE INFORMATION BE CONSIDERED A PART OF OUR TERMS AND CONDITIONS OF SALE.

Limitation of Liability

You EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL FreeLists BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING UNDER OR RELATING TO THIS AGREEMENT OR FROM THE USE OF, OR INABILITY TO USE, THE SERVICE.

IN NO EVENT WILL FreeLists BE LIABLE FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO FreeLists UNDER THIS AGREEMENT, WHICH IS ZERO.

Use of the Service is at the user's risk.

Termination of Service

By the list administrator

The list administrator is welcome at any time to discontinue use of the Service by contacting us.

By the subscriber

Any subscriber is free to terminate Service at any time by unsubscribing. Unsubscribing prevents future uses of the Service and contact from it but does not remove any of the data you may have sent to it for public storage. You may request this be deleted -- you have a right to be forgotten -- please contact us if this is the case.

By us

We reserve the right to terminate Service to any subscriber or list administrator at any time and without notice for any violation of the terms of the Service, any violation of the spirit of the terms, or in any sitation that we deem to be damaging to the Service or its other users by which termination would be the most appropriate course of action.

All such decisions are at our discretion and are final.

Other related policies

The Terms are closely related to our Privacy Policy.

Changes to this policy

In the regular course of an evolving business this policy may change at any time. Please review this policy periodically.

If you have any questions about this agreement, please feel free to Contact us.