These Terms of Service (the "Agreement") describe the terms and conditions under which the HeavyMail service (the "Service) is offered. By using the service, you accept these Terms of Use 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 notification email.

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 SUBSCRIPTION BASIS.

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