Terms of Service

TOS regulating the use of ETHICmail® products


by Massive Logics Ltd, Suites 7B & 8B, 50 Town Range, Gibraltar, EU
Last revision: October 20th, 2016

Article 1 General Provisions

  • 1.1 Application of the Terms of Service
  • 1.2 Revision of the Terms of Service
  • 1.3 Identity Verification Documents
  • 1.4 Types of Services
  • 1.5 Termination of Service

2 Service Contract

  • 2.1 Contract Unit
  • 2.2 Duration
  • 2.3 Conditions of Service Provision
  • 2.4 Limitations of Assignment of Rights
  • 2.5 Limitations of Use in Case of Emergency
  • 2.6 Application
  • 2.7 Completion of Contract
  • 2.8 Change of Services
  • 2.9 Change of Account Holder Information
  • 2.10 Succession of the Account Holder Position
  • 2.11 Termination of Contract by the Account Holder
  • 2.12 Termination of Contract by Massive Logics

Article 3 Termination of Service Provision

  • 3.1 Termination of Provision

Article 4 Fees

  • 4.1 Fees
  • 4.2 Payment Obligations
  • 4.3 Calculation of Fees
  • 4.4 Time and Method of Payment
  • 4.5 Extra Fees
  • 4.6 Delinquent Damages
  • 4.7 Payment Method of Delinquent Damages
  • 4.8 Consumption Tax, Sales Tax and Value Added Tax (VAT)
  • 4.9 Rounding of Fractions

Article 5 Support

Article 6 Handling of data

  • 6.1 Handling of Data
  • 6.2 Data Backup
  • 6.3 Daily Backup
  • 6.4 Backup exclusion

Article 7 Compensation of Damages

  • 7.1 Limitation of Liability
  • 7.2 Exemption of Liability

Article 8 Assistance Membership

  • 8.1 Definitions and Conditions
  • 8.2 Fees
  • 8.3 Coverage
  • 8.4 Termination of Coverage
  • 8.6 Limitation of Liability
  • 8.6 Exemption of Liability

Article 9 Regular Interception Information

  • 9.1 Definitions and Conditions
  • 9.2 Fees
  • 9.3 Coverage
  • 9.4 Limitation of Liability
  • 9.5 Exemption of Liability

Article 10 Due Diligence and Legal Compliance

  • 10.1 Due Diligence
  • 10.2 Legal Compliance
  • 10.3 Breach

Article 11 Affiliate Network

  • 11.1 Validity
  • 11.2 Commissions
  • 11.3 Compliance
  • 11.4 Payments
  • 11.5 Termination

Article 12 Miscellaneous Provisions

  • 12.1 Court of Jurisdiction
  • 12.2 Supplemental Provisions

Article 1 General Provisions

1.1 Application of the Terms of Service

  • 1.1.1 Massive Logics Ltd. (hereinafter referred to as Massive Logics) shall define the Terms of Service of services (hereinafter referred to as “Terms of Service”) and shall provide the services promoted under the ETHICmail® brand (hereinafter referred to as “the Service” or “the Services”) according to the present Terms of Service.
  • 1.1.2 A physical or juridical person who wishes to use the Services shall conclude a Service Contract with Massive Logics.
  • 1.1.3 A Service Contract is executed through the ETHICmail® billing site of Massive Logics, and the reception of the payment of the account holder for the contracted Service finalizes the Service Contract conclusion process.

1.2 Revision of Terms of Service

  • 1.2.1 A person who wishes to use the Service shall conclude a Service Contract with Massive Logics in accordance with Article [1]
  • 1.2.2 Massive Logics may revise the Terms of Service. In this case, the fees and other conditions of the Service shall be defined in the revised Terms of Service.

1.3 Identity Verification Documents

For security reasons, we may ask you to provide documents to verify your identity. If you do not consent to provide such documents we reserve the right not to provide the Service.

1.4 Types of Service

The details of the Service are displayed at https://www.ethicmail.com/web/prices.

1.5 Termination of Service

  • 1.5.1 Massive Logics may terminate the Service in whole or in part at its discretion.
  • 1.5.2 Massive Logics shall notify users of the Service no later than two weeks in advance when terminating the Service in whole or in part pursuant to the preceding paragraph.
  • 1.5.3 In case of termination of provision of all or part of the Service to the account holder by Massive Logics before the end date of the Service, the account holder will be refunded for any unused month of effectively prepaid hosting. Massive Logics shall not be liable for any refunds other than those described in this article.

Article 2 Service Contract

2.1 Contract

Those who wish to use the Services shall enter into a Service Contract in accordance with this Article [1], [2], [2.6] [Application] and [2.7] [Completion of Contract]. In addition to the Terms of Service and Service Contract, Massive Logics may create other special agreements if necessary by publishing them on the web site https://www.ethicmail.com. In this case customers using the services (hereinafter referred to as “account holder” or “account holders”) are bound by the additional special agreements as well as the Terms of Service and the Service Contract.

Without exception, when the account holder allows other natural or juridical persons to make use of the subscribed Services, the effective use of the Services implies invariably the acceptance of the present Terms of Service by all users.

Without exception, the account holder bears the full responsability to inform its users about the mandatory acceptance of the present Terms of Service before making any effective use of the Service. Users which do not accept the present Terms of Service are not authorized to use the Service.

2.2 Duration

  • 2.2.1 The duration of the contract shall be defined in multiples of one month from the commencing date which is, as stipulated in the first paragraph of Article [2.7] [Completion of Contract], the moment the payment for the Service has been confirmed by Massive Logics. In case of direct bank transfer the commencing date is the following business day after the payment has been received at Massive Logics bank account. The account holder may specify a duration longer than 1 month as the contract duration unit, in which case the duration unit is the billing cycle (3, 6 and 12 months) selected by the account holder from the designated contract duration units (hereinafter referred to as “contract duration units”).
  • 2.2.2 Unless the account holder informs Massive Logics of his desire to terminate the Service through the ticket communication system (from hereinafter referred to as “ticket system“) 15 days prior to the end date of contract, the contract will be renewed automatically for the same period. If no payment is received within 5 business days of the renewal of the contract, the renewal is considered void and the Service will be stopped.
  • 2.2.3 Massive Logics is not obligated to refund the Service fees or any other fees paid by the account holders, in any case, with the exception of cases specified in the Terms of Service.

2.3 Conditions of Service

  • 2.3.1 Massive Logics will specify the required identification information and access credentials for each Service Contract.
  • 2.3.2 The account holder shall keep the information confidential and shall take appropriate measures to protect Massive Logics and third parties from damages caused by illegal use of the Service. The account holders shall remain liable for the damages caused by unauthorized or inappropriate use resulting from not abiding by this clause. In the event the account holder becomes aware of unauthorized use of ID, password, subdomain, domain name, or any other aspect of the Service by a third party, the account holder shall notify this to Massive Logics immediately.

2.4 Limitations of Assignment of Rights

The account holder shall not assign, loan, pledge or otherwise dispose of the rights relating to the Terms of Service, Service Contracts or other associated special agreements such as the right to receive the Service without prior consent from Massive Logics.

2.5 Limitations of Use in Case of Emergency

  • 2.5.1 In case of the following circumstances, Massive Logics may suspend or limit some or all of the Service provided to the account holder without prior notification.
    • (a) In the event of regular or emergency repair, maintenance or other work on equipment.
    • (b) In the event of servers or other equipment being moved.
    • (c) In the event of equipment failure or other unavoidable circumstances.
    • (d) In the event of natural disaster, fire, suspension of public services such as electricity, gas or water, war, riot, rebellion, civil unrest, labor dispute or other situations of force majeure.
    • (e) In the event priority is given to the handling of communications required for preventing disasters, securing rescues, transportation or power supply, or maintaining order, or other communications which are urgently required for public benefit.
    • (f) In the case of other events where Massive Logics judges it to be necessary to suspend the Service for operational or technical reasons.
  • 2.5.2 If the circumstances mentioned above occur and Massive Logics determines that it is impossible to restart the provision of the Service within reasonable time, the account holder will be notified and provision of the Service may be stopped in whole or in part.
  • 2.5.3 If the Service is stopped, limited or suspended in whole or in part in accordance with this article, Massive Logics shall not be liable for any damages caused by it to the account holder.

2.6 Application

  • 2.6.1 Application for the Service shall be made through the online registration process designated by Massive Logics.
  • 2.6.2 Massive Logics may ask applicants to submit documentation for identity verification.
  • 2.6.3 The application for the Service implies the acknowledgment of, and agreement to, all points included in the present Terms of Service without reserve, regardless of the outcome of said application.

2.7 Completion of the Contract

  • 2.7.1 In the event that the application is accepted, Massive Logics shall send the applicant a notification by email specifying the login information. The Service Contract shall be deemed to be concluded on the date of the notification. After reception of the login information, the account holder shall modify the provided passwords.
  • 2.7.2 In any of the following events, Massive Logics may decline the application or cancel the acceptance of the contract by notifying the applicant.
    • (a) In the event that the circumstances of the applicant are or could be that as described in (e) or (k) in Article [2.12.1] [Termination of Contract by Massive Logics]; (b) or (g) in Article [3.1.1] [Suspension of Services]; or any of the following.
    • (b) In the event false statements are made on the application form or falsified documents are submitted.
    • (c) In the event an applicant applying for payment by credit card specified a credit card that cannot be used.
    • (d) In the event that the credit card designated by applicant is suspended by the credit card company.
    • (e) In the event of failure by an underaged applicant to obtain consent from a guardian.
    • (f) In any other event not mentioned above that Massive Logics deems to hinder its operations.

2.8 Change of Services

  • 2.8.1 In the event that the account holder desires to change the details of the Service, the account holder shall make an application for the changes by the method designated by Massive Logics.
  • 2.8.2 In the event of approval of the application described above in Article [2.8.1], Massive Logics shall notify the applicant of its acceptance.
  • 2.8.3 Massive Logics may refuse an application which is difficult to fulfill due to technical reasons or if there is a problem due to Massive Logics operations. In such cases, Massive Logics shall notify the applicant of its refusal.
  • 2.8.4 If the Service change as described in 2.8.1 require an additional fee, the Service change shall becomes effective one day after the payment is confirmed by Massive Logics.

2.9 Change of account holder information

  • 2.9.1 If any of the following changes, the account holder shall give notice to Massive Logics immediately or update his information on file in the ETHICmail® client area:
    • (a) Name or title
    • (b) Address or domicile
    • (c) Particulars in relation to credit card or mailing address which are provided to Massive Logics
  • 2.9.2 In the event of changes described in the preceding section, Massive Logics may ask applicants or account holders to submit documentation verifying these changes.

2.10 Succession of the Account Holder Position

  • 2.10.1 In the event of the death of an individual who is the account holder, the Service Contract shall be terminated and all data stored on Massive Logics servers deleted.
  • 2.10.2 In the event of the merger of an account holder that is a corporation, the account holder shall immediately notify Massive Logics of the merger in writing, and Massive Logics may terminate the Service Contract and associated special agreements within 14 days from the date of receiving the notification by informing the acquiring corporation via email. Unless Massive Logics terminates the contract, the acquiring corporate body shall inherit all obligatory rights and obligations according to the Service Contract and associated special agreements.
  • 2.10.3 If the Terms of Service or other special agreements or Service Contract have been terminated, Massive Logics will not be liable in any way toward heirs or corporation successor or any other person.

2.11 Termination of Contract by the Account Holder

  • 2.11.1 In the event of termination of the Service Contract by the account holder, the account holder shall notify Massive Logics of the intent of termination and the Service Contract to be terminated through the ticket system which is the communication system between the account holder and Massive Logics. After receiving the request for termination from the account holder, Massive Logics shall perform the necessary procedures and send notification to the account holder upon the completion of termination. The termination of the Service Contract and associated special agreements shall be deemd to be completed at the time the notification is sent. Account holders shall send the termination request at least 15 days before the renewal date of the contract through the ticket system. Massive Logics shall not return any payment of usage fees, internal gateways fees or other fees which are incurred due to the automatic renewal of the Service Contract even if intent to terminate is communicated after this time, with the exception of the circumstances described in paragraph 2 of this article.
  • 2.11.2 If the Service Contract and associated special agreements are terminated in accordance with the preceding paragraph, the account holder shall be refunded for every unused month of effectively prepaid service. The amount to refund will be calculated by dividing the value of the contracted plan by the elected billing cycle to define the monthly contract value, then by multiplying this monthly contract value by the number of full unused billing cycle months, and then by finally substracting the administrative processing fee for premature contract termination equal to 7.5% of the value of the prepaid contracted plan. Refunds concerning the Assistance Membership extension are calculated with the same formula. For example, a prepaid plan of $1000.- using a 12 months billing cycle and prematurely terminated by the Account Holder after 3 months would entitle to a refund of $675.- by applying the formula ((1000 : 12) x 9) - (1000 x 0.075) meaning ((prepaid contract value : billing cycle) x remaining unused full months) - 7.5% of the prepaid contract value. In the cases described in this article, Massive Logics shall not be liable in any way other than the refund of amounts calculated acording to this formula. Refunds are not applicable to domain related products, Internet Protocol addresses (IP's) and SSL certificates.

2.12 Termination of contract by Massive Logics

  • 2.12.1 If any of the following matters apply to the account holder, Massive Logics reserves the right to partially or entirely suspend the Service and terminate the Terms of Service, Service Contracts and terms and agreements associated with these without prior notice or warning to the account holder. Massive Logics shall not be liable in any way for damages caused by suspension or termination of the Service.
    • (a) If Massive Logics stops the Service in accordance with paragraph 1 of Article [3.1] [Termination of Provision] and the cause of the stoppage is not eliminated within 14 days.
    • (b) If it is deemed that any of the causes in paragraph 1 of Article [3.1] [Termination of Provision] may clearly hinder the provision of the Service.
    • (c) If it has been determined that the account holder has provided false information in the application or submitted fraudulent documentation.
    • (d) If submitted information is falsified.
    • (e) In the event of seizure, provisional seizure, or a petition for public auction, filing for initiation of bankruptcy proceedings, filing for initiation of civil rehabilitation proceedings or filing for initiation of corporate reorganization proceedings.
    • (f) If subject to a collection notice or protective seizure due to failure to pay taxes and dues.
    • (g) In the event of becoming unable to pay, suspension of payment of a bill or note being dishonored.
    • (h) In the event of a resolution for dissolution or assignment of all or a significant portion of the business.
    • (i) In the event a guardian, curator or assistant is assigned.
    • (j) In case Massive Logics is damaged due to defamation or slander.
    • (k) In case of any other behavior deemed unsuitable by Massive Logics.
  • 2.12.2 If any of the matters in Article 3 or below apply to the account holder, the account holder’s obligations toward Massive Logics shall be accelerated without notice or warning from Massive Logics, and the account holder may not object to any requests from Massive Logics to perform all obligations.
  • 2.12.3 The account holder agrees to handle in strict confidentiality any matter related to the past, present or future provision of services managed by Massive Logics, including all and any aspect related to the ETHICmail® products and services, and to only discuss said matters with Massive Logics alone. The account holder further agrees that any statement about all and any matter related to the past, present or future provision of services managed by Massive Logics, including all and any aspect related to the ETHICmail® products and services, is submitted to the prior written approval of Massive Logics.
  • 2.12.4 Massive Logics may charge the account holder for any damages to Massive Logics that arise as a result of any of the above matters or breaches of clauses applying to the account holder.
  • 2.12.5 The provisions in this article shall remain in effect even if the Terms of Service or other associated special agreements are terminated partially or entirely.

Article 3 Termination of Service Provision

3.1 Termination of Provision

  • 3.1.1 In the event the following applies to the account holder, Massive Logics may terminate the provision of the Service.
    • (a) In the event of failure to to pay the Service fees or other prescribed fees, or when in violation of any of the provisions in the Terms of Service or other terms and agreements associated with these.
    • (b) In the event that the Service is used in the manner described below.
      • i. Acts which infringe or may infringe on personal interests such as honor, confidence or privacy of Massive Logics, Massive Logics employees, Massive Logics partners, contractors, sub-contractors or third parties.
      • ii. Acts which infringe or may infringe on the copyright and other intellectual property rights of Massive Logics or third parties.
      • iii. Acts which infringe or may infringe on any interest of Massive Logics or third parties which deserves legal protection.
      • iv. Criminal acts or acts which instigate or facilitate criminal acts, or acts which may cause such acts.
      • v. Acts that are similar to the public transmission of adult pornography.
      • vi. Acts which violate court decisions or any other decisions by administrative offices or government agencies.
      • vii. Acts which provide or may provide false information intentionally.
      • viii. Acts which obstruct or may obstruct the provision of the Service by Massive Logics.
      • viv. Acts which burden or may burden the technical infrastructure of Massive Logics heavily.
      • x. Acts which place excessive load on server equipment due to an extremely large total number of files on the server.
      • xi. Acts which use or may use the Service by a method or in a manner which hinder or may hinder the use of the Service by third parties.
      • xii. Acts which use or may use IDs or passwords wrongfully.
      • xiii. Acts which use such computer programs as computer viruses, worms, trojans, keyloggers, malware, cracking or hacking tools, provide such computer programs to third parties or acts which may use or provide them.
      • xiv. Acts which are or are similar to the transmission of material inducing to hatred, terrorism promotion, and political, gender, religious or sexual affiliation discriminations
      • xv. Acts that are or are similar to transmission of child pornography or child abuse content.
      • xvi. Other acts which use the Service by methods or in a manner which infringes legal profits of others, and/or offends public order and morals.
      • xvii. Acts that Massive Logics might consider unsuitable for the use with the Service.
    • (c) In the event of installing the following programs, CGI or remodeled version of CGI.
      • Games
      • P2P software
      • Chat rooms and any other communication software
      • Other CGI which burdens the server heavily.
      • CGI in relation with telnet.cgi or packages including it
      • CGI in relation with tanken.cgi or packages including it.
      • CGI in relation with proxy.cgi or packages including it.
      • CGI in relation with whois.cgi or packages including it.
      • CGI in relation with flood.cgi or packages including it.
      • CGI in relation with sendmail.cgi or packages including it.
      • Other CGI which accesses other servers.
      • Other CGI issuing commands.

      If the above software is suspected to be installed or any other actions that place unreasonable load on the facilities, Massive Logics reserves the right to send a warning statement to the account holders and temporarily suspend provision of the Service in whole or in part. In case of emergency, the warning statement may be sent after the Services have been stopped. Unless improvement occurs within 5 days after the warning, Massive Logics may take appropriate measures at its own discretion and cancel the provision of the Service to the account holder in whole or in part.

    • (d) In the event that credit collection agents or financial institutions are unable to use the credit card designated by the account holder.
    • (e) In the event of installing an IRC server, or running program that connects to IRC servers without permission from Massive Logics.
    • (f) In the event any of the following actions are performed.
      • i. Setting crontab to run with an interval of 15 minutes or less.
      • ii. Reselling the use of Massive Logics’s server space, bandwith, computing power or any other usage right.
      • iii. Uploading of more than 10,000 files, or acts that place or may place excessive load on the server.
    • (g) In the event any of the following actions are taken.
      • i. Publishing, distributing and making available for download video, audio and other large files.
      • ii. Sharing files on the network.
    • (h) Other action Massive Logics deems to be inappropriate.
  • 3.1.2 If Massive Logics finds acts such as sending spam mails and supporting the dispatch of spam mails, or if the IP address of the account holder is deemed to be registered in the spam mail database, Massive Logics may cancel the Service without notice. The Service may be resumed after all of the problematic contents are deleted from the server and the IP address is changed to an address that is not registered in the spam mail database.
  • 3.1.3 In the event that provision of the Service is suspended in accordance with the preceding paragraph, Massive Logics shall notify the account holders of the reason and the date and period of the suspension. In case of emergency or unavoidable circumstances, Massive Logics may notify account holders of the suspension after the fact.
  • 3.1.4 In the event that this Service was restarted after being suspended in whole or in part in accordance with paragraph [3.1.2] above and Massive Logics finds that acts such as sending spam mails and supporting the dispatch of spam mails have not ceased or the IP address has not been changed within 10 days of notification, Massive Logics may cancel the Terms of Service, the Service Contract and other terms and agreements associated with these in whole or in part without any notification to the account holder.
  • 3.1.5 In the event of the Service being suspended in whole or in part in accordance with paragraph [3.1.2] above, Massive Logics shall charge the account holder USD $500.- as the fee for the suspension of Service and the communication caused by spam mails. If spam mails are sent and the server is used to send spam mails by a person whom the account holder assists, Massive Logics may investigate the data on the server and the transmissions made by the account holder, and the account holder shall pay USD $500.- as fees for investigation and countermeasures.
  • 3.1.6 If the Terms of Service or the Service is suspended or terminated in whole or in part in accordance with this article, Massive Logics shall not be liable for any damages that might be caused to the account holder due to these actions.
  • 3.1.7 These provisions do not prevent Massive Logics from charging account holders for damages. These provisions stay in effect even if these Terms of Service or other related agreements are terminated.

Article 4 Fees

4.1 Fees

The fees for the Services shall be determined according to the price list displayed at https://www.ethicmail.com/web/prices

4.2 Payment obligations

  • 4.2.1 The account holder shall be obligated to pay the fee in the amount indicated in Article [4.1] [Fees].
  • 4.2.2 Even if the provision of the Service is suspended or stopped according to Article 3.1 [Termination of Provision], the fee for the Service shall be calculated by assuming that the said Service is provided.
  • 4.2.3 In the event Massive Logics cancels the acceptance of a contract in accordance with the provisions in paragraph 2 of Article [2.7] [Completion of Contract], Massive Logics may request the applicant to pay compensation equivalent to the Service fees and other prescribed fees the applicant should have paid if the Service Contract was completed. Once the payment request is received the account holder shall make the payment using a payment method specified by Massive Logics.

4.3 Calculation of Fees

  • 4.3.1 The service fee of the account holder shall be calculated per duration of the contract as the billing cycle commencing from the starting date of the Service.
  • 4.3.2 The date of termination shall be the last day of the billing cycle (except if the contract is terminated before the contract expires), and the fee of the billing cycle specified shall be the same amount as the monthly fee to the last day of the billing cycle specified.
  • 4.3.3 Even if the Service is terminated before the expiration of the contract, the account holder shall pay the full amount for the Service for the contract period in a lump sum within 2 weeks from the date of termination.

4.4 Time and Method of Payment

  • 4.4.1 The account holder may select one of the payment methods for Service Contracts available in the ETHICmail® billing site at https://bcp.ethicmail.com.
  • 4.4.2 In the event that disputes arise between the account holder and the credit card company or financial institution, the disputes shall be exclusively settled by these parties, and Massive Logics shall not assume any responsibility.

4.5 Extra Fees

Account holders who do not pay due fees shall pay an extra fee, which corresponds to 20% of the unpaid amount, by the date designated by Massive Logics.

4.6 Delinquent Damages

Unless the account holder pays the fee and other liabilities by the payment due date, the account holder shall pay 12% per annum of the unpaid amount as the delinquent damages from the following day the payment becomes due until the date payment is made by the date designated by Massive Logics. The provisions of this section will remain in effect even after termination of a part or of the whole Terms of Service, Service Contract or special agreements associated with these terms and agreements.

4.7 Payment Method of Delinquent Damages

Payment relating to Article [4.5] [Extra Fees] and Article [4.6] [Delinquent Damages] shall be settled by a method designated by Massive Logics.

4.8 Consumption Tax, Sales Tax or Value Added Tax

The fees of the Service are actually not submitted to taxes.

4.9 Rounding of Fractions

Massive Logics might calculate fees by discarding the fractions of less than one USD.


Article 5 Support

5.1 Support

The scope of Massive Logics support shall be limited to the matters relevant to the Services provided according to Massive Logics sole interpretation. General knowledge, which is disclosed in literature and on the Internet (ex: how to use a regular server program and syntax of programming languages etc), is not included in support. Massive Logics may provide support exceeding this scope for the convenience of the account holder, but this shall not constitute a guarantee for the continuous provision of extended support.


Article 6 Handling of Data

6.1 Handling of Data

Massive Logics shall not be liable for any direct or indirect damage to the account holder or to the third party caused by loss, damage, leakage or any possible use of data stored or adquired on Massive Logics’s servers or data accumulated and used by the account holder.

6.2 Data Backup

In the process of providing the Service, Massive Logics may at its sole discretion make a copy of the data for the purpose of recovery from malfunction or suspension, etc.

6.3 Daily backup

In the process of providing the Service, Massive Logics may at its sole discretion make a copy of the data for the purpose of recovery from malfunction or suspension, etc.

6.4 Backup Exclusion

In the process of providing the Service, Massive Logics may at its sole discretion make daily backups over a week period, resulting in seven independent backups. Therefore the deletion of a file from the account holder's assigned space might become permanent and irreversible only after a delay of one week after the date of the deletion. Account holders which require the deletion of their files to be permanent and irreversible at the exact moment of their deletion can request from Massive Logics the exclusion of their assigned space from the backup system.


Article 7 Compensation for Damages

7.1 Limitation of Liability

In the event of failure by Massive Logics to provide the Service to the account holder for reasons attributable to Massive Logics, and if the account holder is unable to use the Service for 24 consecutive hours from the time Massive Logics realizes the failure to provide the Service, Massive Logics shall compensate the account holder for any loss up to, but not exceeding, the partial fee correponding to the number of days where the Service could not be provided according to the request of account holders. If the account holder fails to make said request within 1 month from the date the account holders can make such request, the account holder shall lose the right to such compensation. For the purposes of this paragraph the terms [month], [billable month], [monthly fee] and [partial fee] are used as follows.

  • (a) ”Month” is the period of time between the starting date and finish date of the Service. If the starting date of the Service is the first day of the month, it is the period of time until the last day of the month. If the start date of the Service is not the first day of the month, it is the period of time until the day before the same date of the following month (or the last day of the month if the following month does not have the same date). If the duration of the contract is more than 1 month such as 3 months or 6 months, it is each month following the first month within duration of contract.
  • (b) ”Billable month” corresponds to month described in the preceding paragraph.
  • (c) ”Monthly fee“ the amount that is to be paid for the entire duration of service (with the exception of setup fee and other special fees) divided by the number of months
  • (d) ”Partial fee“ the amount corresponding to the ”Monthly fee“ divided by 30 and multiplied by the number of days where the Service could not be provided.

7.2 Exemption of Liability

  • 7.2.1 Massive Logics shall not be liable for any damage attributable to the corruption or loss of information through the use of the Service by the account holders, or any damage attributable to information obtained by account holders from the Service, regardless of the cause of such losses.
  • 7.2.2 Massive Logics and Massive Logics personnel provide information to the account holder without any guarantees, either implicit or explicit.
  • 7.2.3 Massive Logics and Massive Logics personnel shall not be liable for any damage attributable to the corruption, loss, or the use of any information provided by Massive Logics and Massive Logics personnel to account holders, or any damage attributable to information obtained by account holders from Massive Logics and Massive Logics personnel, regardless of the cause of such losses.

Article 8 Assistance Membership extension

8.1 Definitions and Conditions

  • 8.1.1 For the Services promoted under the ETHICmail® trademark exclusively, Massive Logics optionally offers the enrollment of the account holder to an Assistance Membership.
  • 8.1.2 For the Assistance Membership to be valid, the level name of the Assistance Membership shall match the name of the package provided as Service by Massive Logics to the account holder, shall be contracted at the same time as the purchase of the package, and prepaid under the same billing cycle conditions as the package.
  • 8.1.3 For the Assistance Membership to be valid, the account holder shall submit the application to the Service in Article [2.6] using a valid mailing address where the account holder may receive or collect regular and certified mail to enable the reception of interception warrant post-notifications, and shall maintain this mailing address updated at all times.
  • 8.1.4 The effective use of Assistance Membership services shall require the account holder to submit to Massive Logics a copy of an official post-notification informing the account holder that the Service provided at ETHICmail® by Massive Logics to the account holder has been the target of an interception warrant, and duly signed powers allowing Massive Logics and Massive Logics attorneys to investigate the case.
  • 8.1.5 The Assistance Membership shall exclusively serve the purpose of covering the costs of the investigation mentioned in Article [8.1.4], and does not imply nor involve any other legal and financial obligation or responsability from Massive Logics or Massive Logics attorneys.
  • 8.1.6 All information provided by the account holder to Massive Logics and Massive Logics attorneys and vice-versa shall be considered confidential.
  • 8.1.7 In exception when the account holder decides to proceed in a court of law for abusive privacy violation against the original authority which requested the interception warrant, all information provided by Massive Logics and Massive Logics attorneys to the account holder shall be regarded as strictly confidential, and the account holder agrees not to make any public use under any form of such information at all times even after the termination of the Service.
  • 8.1.8 In order to avoid abuses, Massive Logics shall reserve its right to refuse late enrollment requests to the Assistance Membership in cases where the account holder did not include the Assistance Membership when performing the purchase of the package to be provided as Service by Massive Logics.
  • 8.1.9 The level of Assistance Membership shall define the maximum cumulated number of different interception warrant post-notifications (submissions) the account holder can submit to Massive Logics in a specified time frame, and is displayed in the field at the conjuntion of the row “Interceptions” and the column corresponding to the package name in the table “ASSISTANCE MEMBERSHIP EXTENSION”.
    • (a) For the Assistance Membership corresponding to the packages BRIDGE, ENTRY, BASIC, STANDARD and PREMIUM, the time frame shall correspond to a mandatory time interval to elapse between single submissions. After each Massive Logics acknowledgment of the reception of a submission, the account holder shall be entitled to perform a new submission only after the applicable time interval has elapsed counting from the date of said acknowledgment, and only if the account holder maintains the subscription to both the same contracted Service and the same Assistance Membership in good order at all times for the entire duration of the time interval, and without requesting a downgrade or the termination of the contracted Service.
    • (b) For the Assistance Membership corresponding to the packages BRIDGE, ENTRY, BASIC, STANDARD and PREMIUM, the applicable mandatory time interval shall only reset after its natural expiration according to paragraph (a) above, or when the account holder contracts an upgrade of the Service. A downgrade after a submission does not reset the mandatory time interval to elapse.
    • (c) For the Assistance Membership corresponding to the packages SMALLBIZ, BUSINESS, ENTERPRISE and ORGANIZATION, the time frame shall be defined as the current month, and the number of submissions shall be defined as the maximal cumulated number of different submissions the account holder is entitled to submit to Massive Logics within the current month.
    • (d) For the Assistance Membership corresponding to the packages SMALLBIZ, BUSINESS, ENTERPRISE and ORGANIZATION, the applicable maximal number of submissions shall only reset after the expiration of the current month, or when the account holder contracts an upgrade of the Service. A downgrade after a submission does not reset the number of available submissions in the current month.
    • (e) Massive Logics reserves the right to refuse successive upgrades and downgrades of the Service by the same account holder when such actions might potentially misuse the Assistant Membership scheme
    • (f) Massive Logics reserves the right to refuse applications to the Service by an account holder requesting successive applications to and terminations of the Service when such actions might potentially misuse the Assistant Membership scheme

8.2 Fees

The fees for the Assistance Membership shall be determined according to the price list displayed at https://www.ethicmail.com/web/prices. The payment of the fee according to Article [8.1.2] shall grant the account holder the coverage provisions mentioned in Article [8.3]. Under reserve of articles [8.1] and [8.2], the beginning of the effective coverage shall not start earlier than one day after the date of effective reception by Massive Logics of the payment for the elected billing cycle, and the duration of the coverage shall not extend beyond the last day of the prepaid billing cycle.

8.3 Coverage

  • 8.3.1 In compliance with Articles [8.1] and [8.2], the Assistance Membership shall grant the account holder the right to submit to Massive Logics the copy of an interception warrant post-notification received in relation with the Service provided at ETHICmail® by Massive Logics to the account holder.
  • 8.3.2 In compliance with Articles [8.1] and [8.2], the account holder can repeat the submission specified in Article [8.3.1] with copies of different interception warrant notices for a limited number of times in compliance with Article [8.1.9]. Copies of different interception warrant notices shall be submitted only once.
  • 8.3.3 Massive Logics attorneys shall unveil the reasons motivating the warrant, its scope, and the start and termination dates. Such information shall be translated in english and written in an interception report. This interception report shall then be sent by email to the account holder within 30 to 90 days following the date of reception by Massive Logics of the account holder's notification copy.
  • 8.3.4 After receiving the interception analysis report, the account holder will be entitled to query Massive Logics with a single exchange by email or letter. The response shall be redacted in english and shall serve the purpose of orienting the account holder regarding the situation related to the execution of said interception warrant.
  • 8.3.5 When the account holder decides to proceed in a court of law for abusive privacy violation against the original authority having requested said interception warrant, Massive Logics may consider, on a case-by-case basis and at its sole discretion, to provide additional legal assistance under any form and to any extent it deems opportune in order to strengthen the account holder's case.
  • 8.3.6 If the account holder wishes to pursue an investigation of aspects related to said interception warrant beyond the information specified in Articles [8.3.3] and [8.3.4], the account holder will integrally bear any additional cost related to such decision.

8.4 Termination of Coverage

  • 8.4.1 The coverage provided by the Assistance Membership shall be terminated according to the same terms in Article [2.11] if the account holder terminates the Service.
  • 8.4.2 The coverage provided by the Assistance Membership shall be terminated according to the same terms in Article [2.12] if Massive Logics terminates the Service.

8.5 Limitation of Liability

  • 8.5.1 In the event of the failure to provide an interception report to the account holder for reasons attributable to Massive Logics or Massive Logics attorneys, Massive Logics shall compensate the account holder from any loss up to, but not exceeding, one Assistance Membership monthly fee calculated by dividing the Assistance Membership prepaid fee by the number of months of the current prepaid billing cycle. The failure shall also void the mandatory time interval after submission concerning the Assistance Membership corresponding to the packages BRIDGE, ENTRY, BASIC, STANDARD and PREMIUM, and shall void the count of the submission for the current month concerning the Assistance Memberships corresponding to the packages SMALLBIZ, BUSINESS, ENTERPRISE and ORGANIZATION.
  • 8.5.2 In the event the account holder misses the post-notification of an interception warrant sent by the authorities due to the failure of the account holder to maintain at all times a valid mailing address on file as specified at 8.1.3, Massive Logics shall bear no responsability and shall not provide any kind of compensation.
  • 8.5.3 In the event the account holder fails, for whatever reason, to retrieve a post-notification of an interception warrant sent by the authorities, Massive Logics shall bear no responsability and shall not provide any kind of compensation.
  • 8.5.4 In the event the account holder misses to receive or retrieve a post-notification of an interception warrant sent by the authorities due to mishandling or errors by third parties involved in the delivery of the mail, Massive Logics shall bear no responsability and shall not provide any kind of compensation.
  • 8.5.5 In the event the account holder shall miss to receive or retrieve a post-notification of an interception warrant due to mishandling or errors from the authorities involved in the handling of the interception warrant, Massive Logics shall bear no responsability and shall not provide any kind of compensation.

8.6 Exemption of Liability

  • 8.6.1 Massive Logics and Massive Logics attorneys provide information to the account holder without any guarantees, either implicit or explicit.
  • 8.6.2 Massive Logics shall not be liable for any damage attributable to the corruption, loss, or the use of any information provided by Massive Logics and Massive Logics attorneys to account holders, or any damage attributable to information obtained by account holders from Massive Logics and Massive Logics attorneys, regardless of the cause of such losses.

Article 9 Regular Interception Information

9.1 Definitions & Conditions

  • 9.1.1 For the Services promoted under the ETHICmail® trademark exclusively, Massive Logics offers Regular Interception Information specialized in the matter of communication interception warrants affecting the Services contracted by account holders.
  • 9.1.2 The Regular Interception Information is reserved for account holders having contracted the ETHICmail® Service from Massive Logics without including the Assistance Membership at the time of purchase, or for account holders enrolled in the Assistance Membership having exhausted their rights to submission according to articles [8.1], [8.2] and [8.3].
  • 9.1.3 For the Regular Interception Information to be valid, the account holder shall submit the application to the Service in Article [2.6] using a valid mailing address where the account holder may receive or collect regular and certified mail to enable the reception of interception warrant post-notifications, and shall maintain this mailing address updated at all times.
  • 9.1.4 The account holder must purchase the Regular Interception Information and submit a copy of an official post-notification informing the account holder that the Service provided at ETHICmail® by Massive Logics to the account holder has been the target of an interception warrant, and duly signed powers allowing Massive Logics and Massive Logics attorneys to investigate the case.
  • 9.1.5 The Regular Interception Information shall exclusively serve the purpose of covering the costs of the investigation mentioned in Article [9.1.4], and does not imply nor involve any other legal and financial obligation or responsability from Massive Logics or Massive Logics attorneys.
  • 9.1.6 All information provided by the account holder to Massive Logics and Massive Logics attorneys shall be considered confidential.
  • 9.1.7 In exception when the account holder decides to proceed in a court of law for abusive privacy violation against the original authority which requested the interception warrant, all information provided by Massive Logics and Massive Logics attorneys to the account holder shall be regarded as strictly confidential, and the account holder agrees not to make any public use under any form of such information at all times even after the termination of the Service.

9.2 Fee

The fee for the Regular Interception Information shall be determined according to the price list displayed at https://www.ethicmail.com/web/prices, and gives the right to the account holder to use the purchased Regular Interception Information no sooner than one day after the effective date of reception of the payment by Massive Logics.

9.3 Coverage

  • 9.3.1 The Regular Interception Information shall grant the account holder the right to submit to Massive Logics the copy of one single interception warrant post-notification received in relation with the Service provided at ETHICmail® by Massive Logics to the account holder.
  • 9.3.2 Massive Logics attorneys shall unveil the reasons motivating the warrant, its scope, and the start and termination dates. Such information shall be translated in english and written in an interception report. This interception report shall then be sent by email to the account holder within 30 to 90 days following the date of reception by Massive Logics of the account holder's notification copy.
  • 9.3.3 After receiving the interception report, the account holder will be entitled to query Massive Logics with a single exchange by email or letter. The response shall be redacted in english and shall serve the purpose of orienting the account holder regarding the situation related to the execution of said interception warrant.
  • 9.3.4 When the account holder decides to proceed in a court of law for abusive privacy violation against the original authority having requested said interception warrant, Massive Logics may consider, on a case-by-case basis and at its sole discretion, to provide additional legal assistance under any form and to any extent it deems opportune in order to strengthen the account holder's case.
  • 9.3.5 If the account holder wishes to pursue an investigation of aspects related to said interception warrant beyond the information specified in Articles [9.3.2] and [9.3.3], the account holder will integrally bear any additional cost related to such decision.

9.4 Limitation of Liability

  • 9.4.1 In the event of failure to provide an interception report to the account holder for reasons attributable to Massive Logics or Massive Logics attorneys, Massive Logics shall compensate the account holder from any loss up to, but not exceeding, the fee corresponding to the purchase of the Regular Interception Information.
  • 9.4.2 In the event the account holder misses the post-notification of an interception warrant sent by the authorities due to the failure of the account holder to maintain at all times a valid mailing address on file as specified at [9.1.3], Massive Logics shall bear no responsability and shall not provide any kind of compensation.
  • 9.4.3 In the event the account holder fails, for whatever reason, to retrieve a post-notification of an interception warrant sent by the authorities, Massive Logics shall bear no responsability and shall not provide any kind of compensation.
  • 9.4.4 In the event the account holder misses to receive or retrieve a post-notification of an interception warrant sent by the authorities due to mishandling or errors by third parties involved in the delivery of the mail, Massive Logics shall bear no responsability and shall not provide any kind of compensation.
  • 9.4.5 In the event the account holder shall miss to receive or retrieve a post-notification of an interception warrant due to mishandling or errors from the authorities involved in the handling of the interception warrant, Massive Logics shall bear no responsability and shall not provide any kind of compensation.
  • 9.5 Exemption of Liability

    • 9.5.1 Massive Logics and Massive Logics attorneys provide information to the account holder without any guarantees, either implicit or explicit.
    • 9.5.2 Massive Logics shall not be liable for any damage attributable to the corruption, loss, or the use of any information provided by Massive Logics and Massive Logics attorneys to account holders, or any damage attributable to information obtained by account holders from Massive Logics and Massive Logics attorneys, regardless of the cause of such losses.

    Article 10 Due Diligence and Legal Compliance

    10.1 Due Diligence

    • 10.1.1 The ETHICmail® packages offered by Massive Logics are not anonymity services. As such, the account holder shall purchase the packages under his real identity and provide a valid domicile or mailing address. The account holder shall also know the identity and address of any of the users making effective use of the Services included in the subscribed package.
    • 10.1.2 The account holder shall maintain the domicile or mailing address information updated at all times.

    10.2 Legal Compliance

    • 10.2.1 The ETHICmail® packages and the related Services offered by Massive Logics shall attempt to protect by legitimate instruments its law abiding account holders from privacy invasions performed by law enforcement agencies or other authorities based on unmotivated procedures, uncorroborated evidence or false or dubious allegations.
    • 10.2.2 The ETHICmail® packages and the related Services offered by Massive Logics shall not be misused to attempt obstruction of justice or prevent the lawful instruction of judicial matters.
    • 10.2.3 By entering into any kind of agreement and/or contract with Massive Logics and/or Massive Logics attorneys, the account holder solemny declares not being involved in the preparation or commitment of any crime according to the particular jurisdiction the account holder is submitted to.
    • 10.2.4 By entering into any kind of agreement and/or contract with Massive Logics and/or Massive Logics attorneys, the account holder solemny declares not being involved in the promotion or instigation of any crime according to the particular jurisdiction the account holder is submitted to.
    • 10.2.5 By entering into any kind of agreement and/or contract with Massive Logics and/or Massive Logics attorneys, the account holder solemny declares not benefitting of the consequences of any crime being committed or the consequences of any previously committed crime according to the particular jurisdiction the account holder is submitted to.
    • 10.2.6 The account holder solemny declares that the source of the funds used to perform any payment as counterpart to any agreement and/or contract and/or service with Massive Logics and/or Massive Logics attorneys is legal and legitimate according to the particular jurisdiction the account holder is submitted to.
    • 10.2.7 Regardless of the interpretations of the particular jurisdiction the account holder is submitted to, the account holder solemny declares not being involved in the promotion, instigation, preparation, commitment or benefit of the following crime definitions or any other criminal act falling by common sense within these definitions : terrorism, pedophilia, kidnapping, counterfeiting, illegal immigration, extorsion or blackmailing, traffic of prohibited substances, homicides or acts which cause loss of human life, traffic of weapons and ammunitions, and Intellectual Property infringments.
    • 10.2.8 The account holder (and by extension all its users), understands and acknowledges that the service is unable to prevent privacy violations, data access, data theft, data manipulation, data exposure, and any other kind of action implying the loss of information confidentiality caused by the direct or indirect activity of agencies involved in intelligence and signal intelligence gathering.
    • 10.2.9 The account holder (and by extension all its users), irrevocably accept to hold Massive Logics, Massive Logics services, Massive Logics personnel, Massive Logics related attorneys, and any Massive Logics subcontractors, harmless for any consequence or damage resulting from the events specified in Article [10.2] paragraph 8 above.

    10.3 Breach

    • 10.3.1 Any present or future incompliance by the account holder with any of the Legal Compliance conditions specified in Article [10.2] shall be considered a material breach, and as such shall immediately invalidate and declare null and void any kind of agreement and/or contract the account holder concluded with Massive Logics and/or Massive Logics attorneys.
    • 10.3.2 The account holder agrees to hold Massive Logics, Massive Logics attorneys, Massive Logics personnel, and any other third party related to or providing services to Massive Logics harmless for any consequence resulting from the immediate cancellation of all agreements and contracts in force with Massive Logics and/or Massive Logics attorneys.
    • 10.3.3 In case of material breach, the account holder shall irrevocably abandon any present and future right to refund or compensation, of any kind and for any motive, regarding all direct and indirect aspects of any of the cancelled agreements and services contracted with Massive Logics and/or Massive Logics attorneys.

    Article 11 Affiliate Network

    11.1 Validity

    • 11.1.1 Affiliates are entitled to commissions under reserve of strict compliance with all clauses of the present Terms of Service agreement as specified below in paragraph 11.3.3.
    • 11.1.2 Referrals are tracked via the unique link provided to Affiliates in their respective Affiliate Account. The unique link is specific to each Affiliate and serves as unique identifier differenciating each particular Affiliate. The tracking system uses cookies in the attempt to maintain tracking information relating an Affiliate to a referred visitor for up to 3 months.
    • 11.1.3 Affiliates agree that the visitor's computing infrastructure stands completely outside the control of Massive Logics, and acknowledge that Massive Logics cannot guarantee the preservation of the tracking information on such external infrastructure for any amount of time.
    • 11.1.4 Affiliates agree that the detection of valid tracking information on the visitor's computing infrastructure is mandatory to enable Massive Logics to automatically record the information establishing the existence of a possible referral relationship. Affiliates further acknowledge that Massive Logics bears no responsability nor must compensate lost commissions if information required to establish the existence of a referral cannot be adquired from the visitor's computing infrastructure regardless of the cause of such impeachment.
    • 11.1.5 Affiliate candidates must join the Affiliate network by registering in the appropriate Client Area and then activate their Affiliate Account.
    • 11.1.6 Affiliates must maintain their Affiliate Account active at all times, and are entirely responsable for maintaining the validity of all their information on file and the confidentiality of their access credentials. Massive Logics declines any responsability in case of misuse of the Affiliate Account resulting from disclosure of the Affiliate's access credentials.
    • 11.1.7 Affiliates acknowledge to irrevocably waive any right to commissions when purchases of referred visitors take place at a moment the referring Affiliate account is either inactive or cancelled.
    • 11.1.8 Affiliates are only entitled to commissions for referrals leading to purchases which are not subject to a chargeback or refund in the 89 days following the date of the customer's payment.
    • 11.1.9 Affiliates are only entitled to commissions for purchases where the Affiliate and the referred customer are two separate and different natural and/or juridic persons.
    • 11.1.10 In cases where the referred visitor performs a payment through a third party not directly linked with ETHICmail's payment instruments, the system is unable to track the effective payment for the contracted services. For such cases, Massive Logics accepts, up to 48 hours following the effective date of reception of the funds from the alleged referred customer, that both the Affiliate and the referred customer submit each a scanned and signed written letter stating that said transaction is the result of a referral. These letters must each be submitted to Massive Logics billing department with the copy of an official identification document allowing to check the legal signatures of each letter's author.
    • 11.1.11 The procedure laid out in paragraph 11.2.10 is also acceptable in cases where a successful transaction is the result of a referral by "word-of-mouth" or any other form of referral which by its very nature cannot possibly be tracked by conventional electronic means.

    11.2 Commissions

    • 11.2.1 Affiliates are entitled to a commission of 15% for any referral of a new client leading to the effective purchase of a product from the ethicmail.com online shop. Affiliates are additionally entitled to a commission of 15% for any subsequent effective future renewal of the very same product initially purchased by this newly referred customer and for as long said customer maintains the initial product active.
    • 11.2.2 Affiliates are not entitled to commissions when a referred customer visits the ethicmail.com online shop to purchase additional products and extensions.
    • 11.2.3 Affiliates are not entitled to commissions regarding a specific referred customer when said referred customer upgrades or downgrades the original product initially contracted under the referral.

    11.3 Compliance

    • 11.3.1 Affiliates agree to use computing infrastructures and resources under their own private or corporate control to display the unique link and direct visitors to the ethicmail.com web site or online shop.
    • 11.3.2 Affiliates agree to display the unique link within an internet environment (web page and web site) which does not contain offensive material like pornography, discriminatory material, hate promoting propaganda, racism, and inducing to or making apology of any activity damaging human rights in any form and in any location.
    • 11.3.3 Affiliates agree to strict compliance with all clauses of the present Terms of Service agreement.
    • 11.3.4 Affiliates agree to use only marketing methods which do not rely on any scheme or instrument bearing the potential to cause or induce nuisances to the targeted public. In particular, methods stricly prohibited include: the use of SPAM, the use of any technology meant to hide the true origin of the source of the marketing activity, the use of any unsollicited form of communication, the use of any form of pyramidal scheme, and the use of any marketing argument or environment which could be related by analogy with the prohibitions specified in paragraph 11.3.2
    • 11.3.5 Affiliates are responsible for ensuring that their unique link is functioning properly before referring customers. Modifications of the unique link fall under the sole responsability of the Affiliate, and Massive Logics declines any responsability for tracking errors resulting from such modifications.
    • 11.3.6 Affiliates are prohibited to use redirection techniques causing the landing of visitors on Massive Logics computing infrastructure whithout requiring said visitors to click on the provided unique link.
    • 11.3.7 Affiliates are prohibited to set up forwarding domains to any part of Massive Logics computing infrastructure.
    • 11.3.8 Affiliates are prohibited to copy any portion of Massive Logics infrastructure and web sites (particularly ETHICmail.com) and to reuse such material in any way.
    • 11.3.9 Affiliates explicitely acknowledge and recognize Massive Logics copyrights and all Intellectual Property rights over all images, methods, texts, documents, files and multi-media materials made available by Massive Logics to the Affiliates within the framework of their activity as members of the Affiliate system.

    11.4 Payments

    • 11.4.1 The Affiliate has the right to request payment of his credit when the cumulated credited reaches at least the amount of $100.-
    • 11.4.2 The Affiliate agrees that Massive Logics will only pay the Affiliate credit by Paypal, bank wire, or by crediting an outstanding ETHICmail® invoice. The Affiliate must ensure that his bank or Paypal account can receive international payments.
    • 11.4.3 Pursuant to paragraph 11.1.6, it is the responsability of the Affiliate to maintain valid payee information in his file at all times. Massive Logics declines any responsability for stolen or lost payments due to incorrect payee information.
    • 11.4.4 In compliance with international anti-money laundering regulations, at the first payment request only, the Affiliate will be required to submit a scan of a valid official ID document and residence proof (utility bill, phone invoice, credit card invoice) to Massive Logics billing department.
    • 11.4.5 The Affiliate bears the responsability to comply with all fiscal regulations of the particular jurisdiction he is submitted to, and agrees to implement all necessary actions required to fulfill possible related tax obligations concerning the income represented by Massive Logics payments to the Affiliate.
    • 11.4.6 The Affiliate agrees to cover any fee, surcharge, exchange rate or other cost incurred during any payment from Massive Logics to the Affiliate. In case such fee, surcharge, exchange rate or other such cost would ever be covered by Massive Logics, the Affiliate agrees that Massive Logics will deduct such charge from the Affiliate credit.
    • 11.5 Termination

      • 11.5.1 Massive Logics reserves the right to cancel or close an Affiliate Account without prior notice, at any time and for any reason, and more particularly in cases where the Affiliate is using marketing methods considered inappropriate or when the Affiliate's nature, behavior or actions are considered contrary to Massive Logics interests.
      • 11.5.2 In the event of Massive Logics recourse to paragraph 11.5.1 above, immediately following the closure, the Affiliate will loose all past, present and future rights granted under Article 11. The Affiliate irrevocably agrees that in such case, the Affiliate will not be entitled to any kind of compensation, and that the responsability of Massive Logics will be strictly limited to the payment of the Affiliate's existing credit amount at the time of the Affiliate Account closure under reserve of the Affiliate's compliance to all terms of the Present Terms of Service agreement. Immediately following the closure, the Affiliate further agrees to waive any past, present and future pretention of any kind against Massive Logics and any third-party involved in the operation and maintenance of the Affiliate system, and agrees to hold Massive Logics harmless.
      • 11.5.3 The Affiliate has the right to cancel or close his Affiliate Account at any time and for any reason. The Affiliate agrees that such closure will void all past, present and future rights granted under Article 11. The Affiliate irrevocably agrees that in such case, the Affiliate will not be entitled to any kind of compensation, and that the responsability of Massive Logics will be strictly limited to the payment of the Affiliate's existing credit amount at the time of the Affiliate Account closure under reserve of the Affiliate's compliance to all terms of the Present Terms of Service agreement. Immediately following the closure, the Affiliate further agrees to waive any past, present and future pretention of any kind against Massive Logics and any third-party involved in the operation and maintenance of the Affiliate system, and agrees to hold Massive Logics harmless.
      • 11.5.4 The Affiliate agrees that closure of his Affiliate Account according to paragraph 11.5.3 above will deploy immediate effects, and agrees that any referral occurring after the exact time and date of closure will not give rights to commissions or compensations of any kind.
      • 11.5.5 Regardless of the reason of the closure of the Affiliate Account, and regardless of the initiator of such termination, the closure of an Affiliate Account immediately prohibits any further use of any item specified in paragraph 11.3.9 above, and if the Affiliate was making active use of said material (web publishing, publicly accessible web pages, printed publications, etc...), the Affiliate agrees to remove such material without delay.

      Article 12 Miscellaneous Provisions

      12.1 Court of Jurisdiction

      In the event of disputes arising from the Terms of Service, Service Contract or any agreements and contracts associated with these terms and agreements, or any other dispute related to the provision of the Service, the account holder irrevocably recognizes the unalienable right for Massive Logics to unilaterally elect the jurisdiction and courts, and irrevocably recognizes that jurisdictions and courts elected by Massive Logics are convenient legal instruments to settle disputes.

      12.2 Supplemental Provisions

      Any question arising out of, or in connection with this Terms of Service, Service Contract or any agreements and contracts associated with these terms and agreements or any matter not stipulated in the Terms of Service, Service Contract or special agreements associated with these terms and agreements shall be resolved each time upon consultation between both parties.