Welcome to JumboMail ("JumboMail" or "The site"). JumboMail provides managed file sharing services which enable users to access, store, send, receive and share files via JumboMail’s proprietary platform (any and all of the foregoing the "Services"). The Services include our website jumbomail.me, our software plug-ins, tools and applications and any other products and services offered by JumboMail via the Services. The site is managed and operated - by company Netbiz Multimedia Ltd. (the "Company").
The terms of service applies to all JumboMail services encompassing uploading files, sending files, subscription services, database management, JumboMail Embedded services, file download, payments and all other services provided by JumboMail.
You acknowledge and agree that, by clicking on the "submit", "send" or "downloads" buttons, or accessing or using the services or posting any user files from or on the site or through the services, you are indicating that you have read, understand and agree to be bound by these terms of service, whether or not you have registered and created an account with JumboMail. If you accept or agree to these Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
JumboMail provides you with the infrastructure and facilities to send up to 20GB of data or an unlimited number of digital files ("File" or "Files") to others and/or themselves over the internet via the JumboMail website. Our basic Service is completely free from registration and charge. Special features and functionalities are available at a fee.
JumboMail transfers all kinds of Files. All File transfers between you and the designated recipient(s) ("Recipient" or "Recipients") are treated confidentially. JumboMail does not check, open or view the type or content of Files being sent, nor does it offer a search function, catalogue or listing to find Files that are available for transfer. Uploaded Files are stored on JumboMail’s servers for a period of 7 days/14 days (depend if you sent the email using an upload code or not). Subscriber can choose to save the email data for unlimited time. After this period Files are permanently deleted to make room for new JumboMails. Each email can be sent to up to 20 email addresses per transfer, though each email is sent separately to each individual Recipient. Once you have uploaded the preferred File(s), the recipient receives a confirmation email with information and instructions on how to download the file.
JumboMail uses several notification emails. If you have sent a file through the Service and have provided your own email address, you will receive a notification email on this address if you chose to receive one. The recipient(s) will receive an email with a link to download the file(s). JumboMail system sends auto generated emails in order to provide you a notifications about your actions at the site and notifications regarding your account. By using the Service you agree to receive those notification emails.
JumboMail provides the technically necessary facilities to transfer your file. JumboMail does not claim any ownership of the files you transfer through our Service. You are fully and solely responsible for the Files you wish to send through our Service. By using our Service You acknowledge and agree that JumboMail is not responsible for any failure of the Service to store, transfer or delete a File or for the corruption or loss of any data, information or content contained in a File. By using our Service you acknowledge and agree that you have the permission to grant JumboMail the non-exclusive, worldwide, royalty free right (license), including the right for JumboMail to sublicense this right to third parties, to store and transfer your File as part of our Service.
JumboMail respects your rights and demands that you respect those of JumboMail, its advertisers and third parties. This includes privacy and intellectual property rights, such as trademarks, service marks, trade names and logos. You are not allowed to use our Service to infringe on any rights, including privacy or intellectual property rights or to promote, enable or facilitate others to infringe on any rights.
As a condition to make use of the Service you agree not to upload and send any files that: you don’t have the right to copy and/or transfer; infringe on intellectual property rights; violates privacy rights, including data protection rights; feature child pornography; promote racism, violence or hatred; are false or misleading; infringe on or violate any applicable law or regulation.
In addition, you agree not to:
- Send viruses, worms, malware, junk mail, spam, chain letters, phishing mails, unsolicited promotions or advertisements of any kind and for any purpose;
- Impersonate or pretend affiliation with any person or entity;
- Access any non-public areas of our Website or Service;
- Attempt to probe, scan, compromise or test the vulnerability of the Website or Service or any related system or network or breach any security or authentication.
Proprietary Rights and Trademarks
As used herein, "JumboMail Content" means all text, graphics, images, audio, video, information or other materials made available by JumboMail through the Services, not including any User Files. As between you and JumboMail, all right, title, and interest in and to the Services and JumboMail Content is and will remain the exclusive property of JumboMail and its licensors, even if JumboMail incorporates any Feedback into subsequent versions of the Services or otherwise uses such Feedback. The Services and JumboMail Content are protected by copyright, trademark, and other laws of both the United States and foreign countries. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or JumboMail Content. Except as expressly permitted in these Terms of Service, you may not reproduce, modify, or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise exploit the Services or JumboMail Content. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by JumboMail or its licensors, except for the licenses and rights expressly granted in these Terms of Service.
JumboMail, the JumboMail logo, and all other JumboMail trademarks, service marks, product names, and trade names of JumboMail appearing on the Services are owned by JumboMail. All other trademarks, service marks, product names, and logos appearing on the Services are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name, or logo appearing on the Services without the owner’s prior written consent.
JumboMail does not review content transmitted through the Service, and you acknowledge and agree that we are not responsible or liable for any photographs or other content uploaded, posted, or otherwise transmitted through the Service by photographers or other third parties. JumboMail reserves the right to delete any content that we, in our sole discretion, deem to be in violation of these Terms of Service or otherwise unacceptable.
For photographs, files and text posted through your account:
You hereby represent and warrant that, with respect to the content that you post on this website, you have all necessary rights to post such content and to grant the rights and licenses to such content as granted herein.
You hereby grant to JumboMail a perpetual, royalty-free, fully paid up, irrevocable, nonexclusive, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, transmit, distribute, and otherwise exploit such content and any derivatives thereof in any form, medium, technology, or manner now known or later developed, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
The photographs uploaded to your account will be presented in JumboMail as photographs owned by you.
JumboMail may, at its own discretion, remove hide any of the content posted under your account.
You will remove immediately any content from your account if you are becoming aware that the content does not comply with the JumboMail policy or you are requested to do so by JumboMail.
JumboMail reserves the right, at its sole discretion, to modify, discontinue or terminate the Services, or to modify these Terms of Service at any time and without prior notice. JumboMail reserves the right to terminate free accounts at any time, with or without notice. Without limiting the generality of the foregoing, and without further notice, JumboMail may choose to delete and/or reduce: any or all of your User Files if (i) JumboMail determines, in its sole discretion, that you have violated these Terms of Service, (ii) your JumboMail account is otherwise terminated by you or JumboMail, or (iii) JumboMail discontinues or terminates the Service.
Registration and Accounts
In order to access and use certain features of the Services, you must register to create a JumboMail account ("Account"). Once you have established an Account, you will be a "Registered User". Only Registered Users that are 18 or older may purchase access to the Select Services as further described below under the Section titled "Payment". By purchasing access to the Select Services you represent and warrant you are 18 or older.
When you register, you will be required to provide certain information, and you will establish a username and password. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. JumboMail will have no liability for failure to deliver notices that result from inaccurate Account information or otherwise. You authorize us, directly or through third parties, to make any inquiries we consider necessary or appropriate to verify your Account information, which may include providing your information to such third parties. JumboMail reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete.
You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify JumboMail of any unauthorized use of your password.
General access to or use of certain Services requires payment of a subscription or access fee (such services the "Select Services"). By selecting a Select Service via your Account or otherwise, you agree to pay all account charges at the prices then in effect in addition to all applicable taxes and other fees that accrue in relation to use of the Select Services by you or other persons (including your agents) using your Account, and you expressly authorize JumboMail to charge the payment method you provide during registration (or as updated by you thereafter) (your "Payment Method") for the Select Services you have chosen. Except as set forth under "Termination" below, all fees are non-refundable. All fees and applicable taxes, if any, are payable in United States dollars or ILS.
Free Trials. JumboMail may offer free trial subscriptions during which you may use the Select Services for the time period specified in the promotional offer ("Trial Period"). Free trial subscriptions may not be combined with any other offer and except as may otherwise be provided in the promotional offer.
You may cancel your Account, or change, or cancel your subscription to the Select Services.
For a purchase that was made using credit card (at the Site or trough PayPal), you may cancel the transaction given the following conditions:
1. Codes acquired were not used in any way.
2. The request was made within two weeks of the date of transaction.
3. The purchases presents the transaction ID (given at the end of a transaction)
When you give permission to another person to view your photos, keep in mind that that person is then able to print your photos and, also, to share them with others.
The Services may contain links to third party websites. You acknowledge and agree that JumboMail is not responsible or liable for: (i) the availability or accuracy of such websites; or (ii) the content, products, or services on, or available from, such websites. Links to such websites do not imply any endorsement by JumboMail of such websites or the content, products, or services available from such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites
JumboMail provides its Service "AS-IS," without warranty of any kind. Without limiting the foregoing, JumboMail explicitly disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. JumboMail makes no warranty that the Service is available on an uninterrupted, secure or error-free basis. Your use of the Service is at your own risk. You acknowledge and agree that JumboMail is not responsible for any damages to your computer system or the computer system of any third party that result from use of the Service.
Indemnity and Liability
You acknowledge and agree that JumboMail will not be responsible for any failure of the Services to store User Files, for the deletion of User Files stored on the Services, or for the corruption of or loss of any data, information or content contained in User Files. You have sole responsibility for all User Files that you upload, store, access and transmit via the Services.
You are solely responsible for maintaining and protecting all data and information that is stored, retrieved or otherwise processed by the Site, the Services, any JumboMail Application, or any User File. Without limiting the foregoing, you will be responsible for all costs and expenses that you or others may incur with respect to backing up, and restoring and/or recreating any data and information that is lost or corrupted as a result of your use of the Site, the Services, any JumboMail Application, or any User File.
You will defend, indemnify and hold harmless JumboMail, including its employees and affiliates, from and against any claims, liabilities, damages, losses and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service or your violation of these Terms, including any third party claims that Files submitted to the Service by you infringe or violate any third party rights. However, this limitation of liability does not intend to exclude the liability of JumboMail.me for the intentional and/or deliberate recklessness of JumboMail.me themselves ("their own acts") and or the management of JumboMail.me.
In no event will JumboMail be liable to You or to any third party for any damages arising out of use of the Website or Service, whether based on warranty, contract, tort (including negligence) or any other legal theory and whether or not JumboMail has been informed of the possibility of such damage, even if any limited remedy is found to have failed its essential purpose. JumboMail will not accept any liability for damage as a result of an attributable failure in the performance of the agreement to provide the Service or pursuant to an unlawful act or whatever other reason, including, but not limited to any incidental, special, consequential damage resulting from or in connection with the use of the Service and/or the impossibility of using it insofar as this is allowed under mandatory law. In the event JumboMail is liable for damage under mandatory law, JumboMail’s aggregate liability to you for any and all claims arising out of or in connection with the use of the Service will in no event exceed one hundred $ (100 USD) per incident.
Controlling Law and Jurisdiction
These rights and obligations arising out of or in connection to these Terms shall be construed, governed, interpreted and enforced according to the laws of Israel. The exclusive jurisdiction and venue of any action with respect to any subject matter relating to these Terms will be the courts located in Tel Aviv. You waive any objection to jurisdiction and venue in the courts of Israel.
These Terms supersede any and all prior oral and written quotations, communications, agreements and understandings between you and JumboMail. These Terms shall apply in preference to and supersede any and all Terms of any use or kind by you. In the occasion that these Terms shall become party invalid, you and JumboMail remain bound to the remainder.
For questions about these Terms, please contact JumboMail at email@example.com. We speak English and Hebrew.