This Agreement ("Agreement") contains the terms and conditions that apply to the use of the MassaMail service ("Services").
1.1 Limitations on use
The User may not use MassaMail to:
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.
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
All prices are subject to change without notice.
Payments made to MassaMail are not refundable.
Either the User or MassaMail may terminate this Agreement at any time and for any reason, with or without cause.
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.
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.
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.