Terms of Service

These Terms of Service came into effect on February 3rd, 2025. You can also find our previous Terms of Service online:

Changes from our previous terms of service include:

  • Clarification of our right to investigate behaviour and content of accounts which we believe to be in breach of these terms.
  • Clarification of our right to refuse to provide access to data in accounts under certain circumstances.
  • Clarification of your rights under Australian Consumer Law.
  • More examples of specific behaviour that are violations of these terms.
  • More explicit rights and responsibilities for Resellers.
  • More specific and consistent terminology.
  • Removal of text about the Pobox service.

Terms of Service

The following are the terms and conditions (“Terms”) for use of the various services provided by Fastmail Pty Ltd, ACN 142 646 580, PO Box 234, Collins St West 8007, Australia (referred to as “Fastmail”, “we”, “us” or “our”), including the Fastmail email service, the Topicbox mailing list service, and the Fastmail domain names registration service (collectively referred to as the “Services”). Please read these terms and conditions carefully. By using the Services, you agree to be bound by the following Terms. In addition to these Terms, use of the Fastmail domain name registration service is also subject to the Fastmail Domain Terms of Service.

The Services are provided only to individuals who are 18 years old or older. By accessing the Services, you warrant that you are eligible to use the Services in accordance with these Terms.

1. Definitions

  • Account Holder means the natural person aged 18 years or older who administers a Customer Account. Each Customer Account has one Account Holder.
  • ACL means The Australian Consumer Law.
  • Customer Account means a group of User Accounts which are billed together.
  • Customer Data means all information, content and data generated, transmitted or displayed by a User in connection with use of the Services, but excluding intellectual property of Fastmail.
  • Reseller means a person holding a Customer Account that has been appointed as an authorized reseller by Fastmail and has authority to create and manage additional Customer Accounts.
  • Resold Account means a Customer Account managed by a Reseller.
  • User means a natural person registered for a User Account or who otherwise uses the Services.
  • User Account means an User login, identified by an email address.

2. Member account, password, and security

You must keep secure and maintain the confidentiality of your password and login details for any User Account and must not share these details with anyone.

You and your associated Account Holder are jointly responsible for all activities that occur in relation to the Services under your User Account(s) (including the content of transmissions from the User Account, or any content uploaded or published through the User Account), except to the extent that a third party accesses the User Account as a result of Fastmail’s negligence.

If ownership of a Customer Account is transferred to another User, the Account Holder is responsible for updating these ownership details with Fastmail using the Services.

You must notify Fastmail immediately, via https://fastmail.com/support or by email to support@fastmail.com, if you become aware of any unauthorised use of your login credentials or any other breach of security. If a third party accesses your User Account without your authorisation, we will endeavour to block the unauthorised access and to restore your control of the User Account.

3. Message storage, file storage, outbound messages and other limitations

The amount of storage space per User is limited. Fastmail limits other aspects of the Services to prevent abuse and ensure shared resources are not overused. Where a User has utilized all their storage space some sent and/or received messages, or uploaded and/or downloaded files, may not be processed due to storage or other limitations. You agree that Fastmail is not responsible or liable for the deletion or failure to store messages, files, or other Customer Data.

The Services are not designed for sending automated or transactional emails. It is a violation of these Terms to use the Services to send programmatically generated emails to addresses that are outside your Customer Account.

4. Member conduct

As a condition of your use of the Services, you warrant to Fastmail that you will not use the Services for any purpose that is unlawful or otherwise prohibited by these Terms.

You are authorised to use the Services for business-related communications but may not use it in ways not permitted by other clauses of these Terms, including, but not limited to, use in connection with unsolicited commercial email, multi-level marketing schemes, outbound transactional email, or illegal activities.

You agree to abide by all applicable local, state, national and international laws and regulations when using the Services. By way of example, and not as a limitation, you agree not to:

  1. Use the Services in connection with surveys, contests, pyramid schemes, multi-level marketing schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise).
  2. Use the Services to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  3. Publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful material or information.
  4. Harvest or otherwise collect information about others, including email addresses, without their consent.
  5. Create an identity where we reasonably believe that your use of this identity causes harm or liability to a user, third party, or Fastmail — for example, by hacking, phishing, harassing, spamming, misleading others, impersonating others, pretending to be multiple natural persons, or scraping content that doesn’t belong to you.
  6. Use, download, or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of the Users of the Services or Account Holders, or other User or usage information or any portion thereof other than in the context of your use of the Services as permitted under these Terms.
  7. Knowingly transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs.
  8. Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents.
  9. Interfere with or disrupt networks connected to the Services or violate the regulations, policies or procedures of such networks.
  10. Attempt to gain unauthorised access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means.
  11. Violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or software exported from the United States through the Services.
  12. Interfere with another User’s use and enjoyment of the Services.
  13. Threaten, abuse, or defame our staff in any way. We will not respond to or engage with any individuals who act in this manner.
  14. Run any process or perform any activity that interferes with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure).
  15. Use the Services without having their own User Account. An Account Holder may create additional User Accounts that are shared between multiple people who also have their own User Accounts.

Fastmail has no obligation to monitor the Services or any User’s use thereof or retain the content of any login session. However, Fastmail reserves the right at all times to monitor, review, retain, prevent the transmission of, and/or disclose any information as necessary to monitor compliance with these Terms, and as otherwise necessary to comply with any law, regulation, legal process, or governmental request.

Links included within the Services may redirect you to third party sites (“Linked Sites”). The Linked Sites are not under the control of Fastmail and Fastmail is not responsible for the contents of any Linked Site or any link contained in a Linked Site, or any changes or updates to such sites. Fastmail is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Fastmail of the site or any association with their operators.

6. Disclaimers/limitation of liability

To the extent permitted at law, the Services are provided on an “as is” and “as available” basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Service. To the maximum extent permitted by the law and in particular without limiting your rights under the ACL (if any), Fastmail hereby disclaims all warranties and conditions with regard to the Services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

Fastmail does not represent or warrant that the Services, including any information included or available through the Services, will be uninterrupted or error-free, that defects will be corrected, or that the Services or the server that makes the Services available will be free of viruses or other harmful components. Fastmail does not warrant or represent that the use or the results of the use of the Services or the materials made available as part of the Services will be correct, accurate, timely, or otherwise reliable.

You specifically agree that Fastmail shall not be responsible for or liable to you or any third party for:

  1. unauthorised access to or alteration of your transmissions or Customer Data, any material or data sent or received or not sent or received, or any transactions entered into through the Services;
  2. any threatening, defamatory, obscene, offensive, or illegal content or conduct of any other party or any infringement of another’s rights by another party, including intellectual property rights; or
  3. any content sent using and/or included in the Services by any third party.

To the extent permitted at law, Fastmail is not liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, loss of Customer Data or any other data, or loss of profits (whether based in contract, tort, negligence, strict liability or otherwise, even if Fastmail has been advised of the possibility of damages), arising out of or in any way connected with:

  1. your use or the performance of the Services or related web sites;
  2. any delay or inability to use the Services or related web sites;
  3. the provision of or failure to provide the Services; or
  4. any information, software, products, services and related graphics obtained through the Service, or otherwise arising out of the use of the Service.

If you are dissatisfied with any portion of the Services, or with any of these Terms, your sole and exclusive remedy is to discontinue using the Services and its related web sites.

If the ACL applies, and in particular if you are deemed to be a “consumer” under the ACL, our liability for a breach of a condition or warranty is limited to:

  1. The resupply of the Services or the cost of resupplying the Services if we determine that there has been a minor fault; or
  2. Cancelling the agreement and granting you a refund if there is a major fault with the Services.

7. Indemnification

You agree to indemnify and hold harmless Fastmail, its parents, subsidiaries, affiliates, officers, and employees, from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to, or arising out of, your use of or conduct on the Service.

8. Termination and suspension

Fastmail may terminate or suspend your access to any part or all of the Services, and any related service(s), effective immediately if Fastmail reasonably believes you fail to comply with these Terms, or where required to by law.

Fastmail may also terminate or suspend your Customer Account for non-payment, which is defined as failure to make a renewal after your paid subscription period expires.

Upon termination of the Services, your right to use the Services and access any Customer Data immediately ceases.

On termination of your access to the Services for any reason, Fastmail shall have no obligation to maintain any Customer Data or other content in your Customer Account or to provide any Customer Data to you or any third party unless required by applicable laws.

9. Pricing and taxes

Except where explicitly stated otherwise, all prices for our Services are exclusive of taxes that might be applicable in your jurisdiction. You shall pay or reimburse us for all taxes and all duties, whether international, national, state or local, however designated, which are levied or imposed by reason of our performance of the Services.

10. Refunds

Fastmail may choose to make a refund of prepaid fees for the Services at its sole discretion, however Fastmail shall have no obligation to refund any portion of any fees in the event that you wish to discontinue use of all or part of the Services, or in the event that your access is terminated by Fastmail as a result of you failing to comply with these Terms.

Please note that fees in relation to Fastmail’s domain name registration services are generally non-refundable. Please refer to the Fastmail Domain Terms of Service.

11. No spam

Fastmail will immediately terminate any Customer Account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email.

12. Proprietary rights to content

You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics, or other material contained in either sponsor advertisements or electronically distributed, commercially produced information presented to you by the Services, Fastmail, or Fastmail’s advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You may make a copy of this content for your personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Services and its associated web sites, including code and software.

13. Changes to these Terms of Service

Fastmail reserves the right to change these Terms or its policies regarding the use of the Services at any time and to notify you by posting an updated version of these Terms on this website.

If you are deemed to be a “consumer” or these Terms are deemed to be a “small business contract” under the ACL, and you do not deem the variation acceptable, you may elect not to proceed with the purchase of the Services requested before the date of the variation but which are intended to be subject to the variation.

Subject to your rights under the ACL (if any), as outlined above, you agree that the variation applies from the date of receiving notice of the varied Terms. You will be deemed to have received notice of the varied Terms when we post an updated version of these Terms on this website. You are responsible for regularly reviewing these Terms to check for updates. You will be taken to have accepted the varied Terms if you continue to use the Services or you make a further request for us to provide Services to you after the effective date of any variation.

14. General

These Terms are governed by the laws of the State of Victoria Australia, without regard to the conflict or choice of law rules thereof. The courts sitting in the State of Victoria, Australia shall have exclusive jurisdiction over any dispute arising hereunder. Use of the Services are unauthorised in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Fastmail as a result of this agreement or use of the Service.

Fastmail’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Fastmail’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Fastmail with respect to such use. Fastmail may provide information in connection with a reasonable law enforcement request.

Any Term that is invalid must be read down to the minimum extent necessary to achieve its validity (if applicable) and be severed from these Terms in any other case, without invalidating or affecting the remaining provisions of these Terms.

Unless otherwise specified in these Terms and subject to any additional terms applicable to specific services (e.g., the Fastmail Domain Terms of Service), these Terms constitute the entire agreement between you and Fastmail with respect to the Services (excluding the use of any software which may be subject to an end-user license agreement) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Fastmail with respect to the Services.

A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Not excluding any rights you have at law, you agree that any cause of action arising out of, or related to, these Terms and/or the Service must commence within 12 months from the date a cause of action arose to bring a claim against Fastmail.

Any of these Terms which limit or exclude any warranty or guarantee, express or implied, or our liability, will apply to the extent permitted by law and will not be construed as excluding, qualifying, or limiting your statutory rights or remedies.

Nothing in these Terms excludes or limits any rights or remedies you may have under the Australian Consumer Law (ACL), set out in schedule 2 of the Competition and Consumer Act 2010.

Headings in these Terms are solely used for the convenience of the parties and have no legal or contractual significance.

Fastmail reserves the right to assign its rights and responsibilities under these Terms to any third party.

Fastmail shall be relieved from liability for a failure to perform any of its Services, during such period and to the extent that the due performance is prevented by reason of any circumstance beyond the control of Fastmail, including but not limited to an event of an act of God, strike, lockout, or other industrial disturbance or labour difficulty, national emergency, war, act of public enemy, blockade, revolution, riot, insurrection, civil commotion, pandemic, lightning, storm, flood, fire, earthquake, explosion, embargo, unavailability of any essential equipment or materials, failure of the Internet, computer hacking, unavoidable accident, lack of transportation, prohibitive governmental regulation or if any other cause beyond the reasonable control of Fastmail renders provision of the Services impractical, where all money due to Fastmail shall be paid immediately and, unless prohibited by law, Fastmail may elect to terminate this agreement.

15. Content uploaded by members

Fastmail does not claim ownership of Customer Data you submit or make available for inclusion on the Services. However, with respect to Customer Data you submit or make available for public or shared access on the Services, you grant a world-wide, royalty free, and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such Customer Data on the Services solely for the purpose for which such Customer Data was submitted or made available. This license exists only for as long as you elect to continue to include such Customer Data on the Services and will terminate at the time you remove or Fastmail removes such Customer Data from the Service.

You acknowledge that if you permit third parties to access your private Customer Data through the Services, those third parties may share such Customer Data outside of the Services. You acknowledge that Fastmail is not responsible for such sharing.

Fastmail does not endorse the content or views expressed in content hosted by our customers. You will not claim that any content or views expressed in your Customer Data is endorsed by Fastmail, and any such claim as to endorsement is a breach of these Terms.

16. Reseller accounts

You must not re-sell the Services unless you have been given explicit prior permission to be a Reseller by Fastmail.

If you are given permission to operate as a Reseller of the Services, you agree that:

  1. your customers own all intellectual property rights in the Customer Data associated with their Customer Accounts;
  2. at Fastmail’s request, you must assist Fastmail in enforcing these Terms against your customers;
  3. Fastmail may in its discretion at a customer’s request, detach the Customer Account from your resale service.

If you acquire the Services as a customer of a Reseller, you acknowledge that:

  1. you accept these Terms in addition to any terms and conditions of the Reseller;
  2. Fastmail is not responsible and accepts no liability for the actions or omissions of the Reseller; and
  3. the Reseller has the ability to create/modify/delete and access your User Accounts on your behalf.

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