By using and/or subscribing to MailMassive's service the user ("subscriber") agrees to the following terms and conditions:
MailMassive is a paid service allowing subscribers to send large email attachments (i.e., computer files). Subscribers must sign up with a valid credit card via MailMassive's PayPal portal. Subscribers then can send large files to a number of senders according to the plan they have subscribed to, as per this table:
|Maximum amount that can be uploaded per month*||20GB||5GB||2GB|
|Maximum size of individual file that can be sent||2GB||1GB||512MB|
|Maximum number of recipients for each file||10||5||3|
|Maximum number of times each file can be downloaded||10 times||5 times||3 times|
|Time sent files stay on MailMassive server for downloading||14 days||7 days||7 days|
|Cost per month*||US
*"month" is defined as one calendar month, beginning on the calendar day when a user successfully signs up and ending on the day before that same calendar day in the following and/or subsequent month(s).
Subscribers send files by
- logging on to MailMassive's password-protected web site;
- entering valid email addresses in the "Recipients Email" field;
- entering an optional message;
- choosing to optionally protect the file with a password;
- choosing a file from the users computer to upload/send;
- clicking the "Send" button.
Recipients will then receive an email from the subscriber (sent through MailMassive servers) with a link allowing the recipient to download the file (from MailMassive servers) previously uploaded by the subscriber. If the subscriber has elected to protect the file with a password, the recipient will receive a password which must be entered before the file can be downloaded. The file sent by the subscriber will be available for download for one or two weeks (depending on plan; see table). It is not necessary for the sender or receiver of files sent through MailMassive to download any software.
MailMassive is intended to be used for private communications (similar to email or instant messaging). It does not host or display a directories of content (public or private) that is available on its network.
Subscribers agree not to use MailMassive's service to send materials or files:
- which are illegal in the Hong Kong Special Administrative Region, the jurisdiction of the subscriber (and his or her internet service provider) or the jurisdiction of the receiver (and his or her internet service provider);
- which advocate terror or terrorism;
- with details about illegal weapons or illegal activities, including but not limited to the offering for sale of illegal weapons and the promotion or publication of any material that may violate hate crimes legislation;
- which depicts torture or death images;
- which harms minors in any way; this includes any form of child pornography;
- which infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party in any jurisdiction; this includes but is not limited to sending of copyrighted music, videos or movies.
- which can be can be construed as wrongful or damaging acts including but not limited to sending or posting defamatory, scandalous, libelous, or private information about a person without their consent or intentionally inflicting emotional distress;
- which is obscene in the Hong Kong Special Administrative Region, the jurisdiction of the subscriber (and his or her internet service provider) or the jurisdiction of the receiver (and his or her internet service provider).
MailMassive reserves the right to check any and all files sent using its services to see if they are in compliance with these "Terms & Conditions". If MailMassive suspects any subscriber to be in violation of these "Terms & Conditions" MailMassive:
- reserves the right to disable and/or cancel the subscribers account without prior notification, including deleting all subscriber email and data;
- will actively contact, assist and cooperate with law enforcement agencies and government authorities in collecting and tendering information about the subscriber, the illegal or obscene content, and those persons that have inappropriately accessed, acquired, or used the illegal or obscene content.
It is a violation of these "Terms & Conditions" to send any copyrighted material with MailMassive, as per Clause 2 above. MailMassive is committed to fighting software piracy and copyright violations. MailMassive will respond if notified by content owners to disable copyrighted material being transmitted with its systems. MailMassive may disable and/or cancel subscriber's accounts if they are found to be illegally transferring copyrighted material.
While MailMassive will endeavor to provide a reliable service to subscribers, MailMassive should not be used for archiving or backing up files or "mission critical" uses. Subsribers are encouraged to backup and archive all files and emails. Subscribers have sole responsibility for all files sent via MailMassive and stored on its servers. Subscribers acknowledge and agree that MailMassive will not be responsible for any failure of its products or services to store files, for the deletion of files stored on its servers, or for the corruption or loss of any data, information or content contained in a file sent using MailMassive.
Violations or attempts to violate MailMassive's systems and servers or to interrupt MailMassive's services are strictly prohibited, and may result in criminal and civil liability. Examples of system violations include, but are not limited to:
(a) Unauthorized access to or use of MailMassive services, including any attempt to probe, scan or test the vulnerability of a system or to breach security or authentication measures without express authorization of MailMassive; or (b) Interference with service to any customer or network including, but not limited to, flooding, or deliberate attempts to overload a system and broadcast attacks; or (c) Use of any device, software, or routine to interfere or attempt to interfere with the proper working of the services; or (d) Any action that imposes an unreasonable or disproportionately large load on MailMassive's infrastructure
Subscribers or any others shall not decompile, disassemble, decrypt, extract, reverse engineer or otherwise attempt to derive the source code of the MailMassive's systems (including the software, tools, methods, processes, and infrastructure) underlying the services or any other software on the MailMassive web site.
- agrees to provide MailMassive and its partner PayPal in subscription forms (and wherever else provided) with information that is true, accurate, current and complete.
MailMassive respects the privacy of others. MailMassive:
- will never send spam to subscribers, recipients to whom subscribers have sent email, or any others;
- will not sell or give subscriber email addresses (or recipients to whom subscribers have sent email) to others;
- does not contain any third-party advertising anywhere in any of its products or services;
- protects the files sent by subscribers. MailMassive has appropriate security measures in place in our physical facilities to protect against the loss, misuse, or alteration of information that we have collected from subscribers at our site. Files stored for delivery are only accessible by MailMassive and through the clickable link generated for your recipient. Subscribers have the option to password protect this link, for additional security. All files stored for delivery are deleted when they expire.
- does not contain any adware or spyware in any of its products or services.
MailMassive, the MailMassive logo, and all other MailMassive trademarks, service marks, product names, and trade names of MailMassive appearing on the MailMassive service and products are owned by MailMassive. All other trademarks, service marks, product names, and logos appearing on the MailMassive service and products are the property of their respective owners. Subscribers may not use or display any trademark, service mark, product name, trade name, or logo appearing on the MailMassive service and products without the owner's prior written consent.
Without limiting other remedies, MailMassive may immediately issue a warning, suspend (i.e., lock out access and operation of services for the subscriber) either temporarily or indefinitely, or terminate the subscriber's account and refuse to provide services to the Subscriber if: (a) MailMassive believes that the Subscriber has violated or acted inconsistently with these "Terms & Conditions", or any of our policies; or (b) Customer have failed to pay fees or other payments due to MailMassive; or (c) MailMassive is unable to verify or authenticate any information Customer provides to MailMassive; or (d) MailMassive believes that the subscriber's actions may cause legal liability for the subscriber, MailMassive's other clients, or MailMassive.
MailMassive may also in its sole discretion and at any time discontinue providing the service, or any part thereof, with or without notice. Subscribers agree that any termination of their access to the service under any provision of these "Terms and Conditions" may be effected without prior notice, and acknowledge and agree that MailMassive may immediately deactivate, archive or delete the subscriber's account and all related information and data and/or any further access to such data or the service. Further, subscribers agree that MailMassive shall not be liable to subscribers or any third-party for any termination of subscribers access to MailMassive service or products.
Upon termination of these "Terms & Conditions" by either Customer or MailMassive, all of subscriber rights under these "Terms & Conditions", and MailMassive's provision of services, will terminate immediately.
MailMassive does not represent or warrant that: (i) the use of the MailMassive service or products will be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (ii) the Services will meet your requirements or expectations, (iii) errors or defects will be corrected, (iv) the Services or the server(s) that make the Services available are free of viruses or other harmful components. The Services are provided to you strictly on an "as is" basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law.
Your sole remedy with respect to any claims arising out of this Agreement shall be limited in the aggregate to the monies paid by you to MailMassive under this Agreement during the twelve (12) month period preceding the event giving rise to such liability.
In no event shall MailMassive be liable for:
- any special, indirect, incidental or consequential damages, including loss of profits and goodwill, business or business benefit, or the cost of procurement of substitute products or services by you even if advised of the possibility of such damages;
- any delay or failure to provide the Services that is due to third parties, including, without limitation, internet service providers, data centres, server hosting companies and telecommunications companies;
- credit card fraud committed against you by any third party provider of credit card services.
- Possible Revision of Terms & Conditions
MailMassive reserves the right to change or amend these "Terms & Conditions" at any time and without notice.
MailMassive may provide subscribers with notices, including those regarding changes to the service by email or posting on MailMassive's web site.