These Terms of Service (the "Agreement") describe the
terms and conditions under which the HeavyMail service (the "Service)
and agree to be legally bound by all of the terms and conditions
of this Agreement.
We may amend or modify these terms and conditions without notice,
effective immediately, by posting such terms and conditions on
the HeavyMail Web site or by otherwise notifying you of such
terms and conditions. We reserve the right to discontinue, on
a temporary or permanent basis, the Service (in whole or in part)
without notice and without liability to the User. If you use
the HeavyMail Service after we post changes to these terms and
conditions, you accept the changed terms and conditions. Any
amendments will be effective when posted or sent.
We provide the service and data storage space based on your
selections. Mails will be stored for at most ten days from the
date of upload.
We may terminate this Agreement immediately for (a) you breach
this Agreement, (b) you infringe the intellectual property rights
of a third party, (c) we are unable to verify or authenticate
any information you provide to us (at no time can users share
username/password information). At our option, instead of termination,
we may remove some or all of your content from our servers or
otherwise suspend your access to your Account. Following termination,
we may remove some or all of your information on our servers
or elect to retain it, at our sole option.
With respect to any content you send or receive through HeavyMail,
you are responsible for all such content. However, we may take
any action with respect to such content if we believe it may
create liability for us or may cause us to lose (in whole or
in part) the services of our ISPs or other suppliers.
Your content shall not: (a) infringe any third party's intellectual
property or publicity/privacy rights; (b) violate any law or
regulation; (c) contain any viruses, Trojan horses, worms, time
bombs, cancel bots or other computer programming routines that
are intended to damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or personal information.
You may not distribute unsolicited commercial messages through
this service or impose an unreasonable or disproportionately
large load on our infrastructure.
You hereby grant to us worldwide, perpetual, irrevocable, royalty-free,
sublicense-able right to exercise all intellectual property rights,
with respect to any content you transfer through your account,
that WE NEED TO PERFORM OUR SERVICES.
Due to the existing legal and technical environment of the Internet,
we cannot ensure that all of your private communications and
other personally identifiable information will not be unexpectedly
disclosed. By way of example (without limiting the foregoing),
we may be forced to disclose your private communications to the
government or third parties under certain circumstances, or third
parties may unlawfully intercept or access transmissions or private
communications. Further, we can (and you authorize us to) disclose
any information about you or private communications by you to
law enforcement or other government officials, as we, in our
sole discretion, believe necessary or appropriate.
The User will select a password upon completing registration.
The User is responsible for maintaining the confidentiality of
the password and for all activities in connection with the User's
password. User must immediately notify HeavyMail of any unauthorized
use of the User's password or any other breach of security.
You hereby grant to us the right to send notification by email
of a transmission you have initiated to the intended recipient
of your transmission using your full name as the sender of such
We will not rent or sell your name, address, email address,
credit card information, corporate account information or personal
information to any third party without your permission. To keep
you informed about our latest offers, we may notify you of current
promotions, specials and new additions to the HeavyMail Web site.
You may unsubscribe from our newsletters by following the unsubscribe
instructions in any email you receive from us.
HeavyMail prices its service in the following way, subject to
change in accordance with the terms above: after a trial period,
to be offered at the sole discretion of HeavyMail, HeavyMail
will ask users to pay for the service in two ways. First is an
annual subscription fee which, at the sole discretion of HeavyMail,
will also include a certain amount of data transfer quota. Together,
this annual fee and its included quota are called Basic Service.
Second, HeavyMail users who need more transfer quota than that
which is offered with Basic Service may purchase more transfer
quota, denominated in gigabytes of data. To use HeavyMail, a
user must have a current Basic Service account as well as transfer
quota available. HeavyMail does not charge recipients of transmissions,
only senders. Available quota does not expire annually, but a
Basic Service fee is payable on each anniversary of a user’s
subscription to HeavyMail.
HeavyMail transfer quota is decreased each time data is sent.
The amount of decrease is determined by multiplying the aggregate
size of the files sent by the number of recipients. For example,
a user who sends a 1 megabyte file to 10 people uses 10 megabytes
of quota to do so.
WE PROVIDE YOUR ACCOUNT AND OUR SERVICES "AS IS." OUR
SUPPLIERS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS
OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT
LIMITATION THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. We do not
warrant or ensure timely, secure, error free or virus free delivery
of content. You understand that our services may be unavailable
for extended periods of time, and we do not warrant or ensure
the continuous availability of our services. Some states do not
allow the disclaimer of implied warranties, so the foregoing
disclaimer may not apply to you.
IN NO EVENT SHALL OUR SUPPLIERS OR WE BE LIABLE
FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF
OR IN CONNECTION WITH YOUR ACCOUNT OR THIS AGREEMENT. OUR LIABILITY
TO YOU OR ANY THIRD PARTIES IS LIMITED TO THE PER TRANSFER FEE
YOU PAID, OR $5 IF YOU PAID ON A MONTHLY, QUARTLY, OR YEARLY
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