MassaMail algemene voorwaarden

GEBRUIKSVOORWAARDEN
De gebruiksvoorwaarden zijn momenteel enkel in het Engels beschikbaar.

This Agreement ("Agreement") contains the terms and conditions that apply to the use of the MassaMail service ("Services").
As used in this Agreement, "User" refers to the person who creates one or more accounts using the Services. The Services are offered to the User conditioned on the User's acceptance without modification of this Agreement. The use of the Services constitutes the User's acceptance to this Agreement.

1. SERVICES

1.1 Limitations on use

The User may not use MassaMail to:
a. send unsolicited e-mail messages to anyone without their permission, including but not limited to sending e-mail messages to addresses from any purchased or harvested e-mail list.
b. send e-mail messages that may harass, embarrass, defame, abuse, threaten, or otherwise violate the legal rights of any individual, group, or organization;
c. send e-mail messages that contain or link to pornographic or sexually explicit content, racially or ethnically objectionable content, content that directly or indirectly promotes the use of any illegal substances, content that violates laws or regulations designed to protect minors, or other content deemed to be offensive or inappropriate by MassaMail;
d. send e-mail that contains copyrighted material, including text, graphics (including trademarked material), software or other material protected by intellectual property law, for which the User does not have authorization to reproduce, publish, or otherwise distribute;
e. send e-mail messages that contains a computer virus or other code or files that could damage, harm, or otherwise disrupt the operation of anyone else's computer or storage device, or violate the privacy or security of any individual, group, or organization;
f. perform or promote illegal activities such as starting or forwarding chain letters, illegal contests or promotions, or any other activity that is illegal;
g. impersonate, use the name of (without expressed permission), or misrepresent any individual, group, or organization;
h. violate any applicable governmental laws or regulations or perform any activity that would cause MassaMail to violate any law, statute or regulation.

1.2 MassaMail attribution

MassaMail shall have the right to include a 1-line attribution message such as "Hosting by MassaMail" or a substantially similar message, at the bottom of each e-mail delivered by the Services. Such message shall include a link to a page within the website of MassaMail.

Users can request to remove these attribution messages. MassaMail will honour this request but may charge a fee higher than the regular prices listed on http://www.massamail.be in return.

1.3 Unsubscribe links

Each newsletter sent through the Services must include unsubscribe information. By default, an unsubscribe link is added to the bottom of each newsletter sent through the Services.

1.4 Unsubscribe requests

The User must honor in a timely manner all unsubscribe requests sent directly to him, regardless of how harsh or unpleasant the unsubscribe request may be.

1.5 Abuse by User

MassaMail, at its own discretion, may immediately disable the User's access if MassaMail believes in its sole discretion that the User has violated any of the restrictions listed above.

2. FEES AND PAYMENT TERMS

2.1 Changes

All prices are subject to change without notice.
The fee paid by the User will not change until the succeeding renewal period, if the service is not cancelled.

2.2 Refunds

Payments made to MassaMail are not refundable.

3. TERMINATION

Either the User or MassaMail may terminate this Agreement at any time and for any reason, with or without cause.
The User may terminate the Agreement by sending an e-mail message to karel@landschoot.be .

MassaMail shall have the right to remove accounts that are dormant for a period of 180 consecutive days, without prior notification to the User.

4. DISCLAIMER OF WARRANTIES

4.1 Disclaimer of Warranty

The Services are provided "as is". To the maximum extent permitted by law, MassaMail disclaims all other warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantibility and fitness for a particular purpose. MassaMail does not warrant that the functions contained in MassaMail will meet any requirements or needs the User may have, or that MassaMail will operate error free, or in an uninterrupted fashion, or that any defects or errors in MassaMail will be corrected or that MassaMail is compatible with any particular platform.

4.2 Limitations of Liability

In no event will MassaMail be liable to the User or any third party for any incidental or consequential damages (including, without limitation, indirect, special, punitive, or exemplary damages) arising out of or inability to use MassaMail, or for any claim by any other party, even if MassaMail has been advised of the possibility of such damages.

4.3 Indemnification

The User will indemnify, defend and hold harmless MassaMail against any claim, suit, action, or other proceeding brought against MassaMail based on or arising from a claim that any content or material the User distributed using MassaMail or any use of MassaMail by the User that violates the Terms of Service.

The User's indemnification obligations shall survive the terminination of this agreement.

4.4 Unauthorized access

MassaMail will in no event be liable for the unauthorized use or misuse of the User's username or password or for any unauthorized access.

5. MODIFICATIONS

MassaMail reserves the right to modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion, by posting a change notice or a new Agreement on its Website located at http://www.massamail.be. The User is responsible for regularly reviewing these terms and conditions. Continued use of the Services after any modification shall constitute the User's consent to such modification. MassaMail assumes no obligation to notify the User of any modification to the Agreement.

6. APPLICABLE LAW

This Agreement shall be governed by the laws of Belgium. Any dispute under or relating to the subject matter of this Agreement shall be of the exclusive competence of the courts of Ghent, Belgium.