Terms and Conditions

 

Updated as of September 2011

 

Acknowledgment

Welcome to mailVU.com, owned and operated by A2Stream Inc. ("A2Stream"), a Service which
provides visitors and registered users with access to multimedia mail, including (but not limited to)
video, audio, document, and text (the "Service").

Your use of the Service indicates your acceptance of these Terms and Conditions. These Terms and
Conditions also incorporate the terms of the Privacy Policy. We are always interested to hear what you
think; let us know by sending an email to support@a2stream.com.

If you are under 18, or if you are considered a minor in your state or country, you must obtain
the consent of your parent or legal guardian to register for the Services. By continuing to use the
website, you are warranting that you are at least 18 years old, or have the consent of your parent or
legal guardian to enter into these Terms and Conditions. If you do not agree with these Terms and
Conditions, immediately stop using the website.

You understand and agree that free Service may include advertisements and that these advertisements
are necessary for A2Stream to provide the Service.

Unless explicitly stated otherwise, any new features added to the Service shall be subject to the Terms
and Conditions.

You are solely responsible for obtaining access to the Service, including any fees associated with
accessing the Service.

 

The Service

mailVU allows multimedia mail to be sent to others. You may select the number of views, or number
of days that the receiver can access the message. After this period ends A2Stream deletes the files and
the link will no longer work. A2Stream will automatically delete files per the time frame designated in
your account type if the user does not set an earlier deletion time frame.

mailVU.com offers Basic (free) and Premium (fee) account types. Some Services may only be
available to Premium members. Unless otherwise stated, these Terms and Conditions apply to all
Services. All content and additional or replacement Services made available through the mailVU.com
site that were not made available as of the "Updated as of" date above shall automatically be deemed to
be part of the "Services" when first made available through the mailVU.com site.

A2Stream does not review or monitor any website linked to the Service and is not responsible for the
content of any such linked websites. A2Stream provides links solely as a convenience and inclusion
of such links is not meant to imply that A2Stream endorses any third party website or any content,
products or Services available on a third party website. Your linking to Facebook or any other website
is at your own risk.

 

You understand and agree that although we will use reasonable efforts to ensure the website is
available to its users, temporary interruptions of the Services available through this website may occur.
The Services available on this site are provided "AS IS" and A2Stream is not liable to you for any
temporary interruption in Services.

 

Registration Obligations for Premium Accounts

In order for you to access certain the Premium Service, you are required to register for an account.
To register you must provide A2Stream a valid email address, username, and password. A2Stream
reserves the right to reject or cancel accounts where the username or actual name submitted in obscene
or objectionable, or that is a company's brand or trademark.

In order to provide the Service, A2Stream may send you administrative communications about your
account and our Service via email and you acknowledge and agree that receipt of these administrative
communications is consideration for access to portions of the Service which you can not opt out of. If
you do not wish to receive these communications, do not register for the Service.

You represent that you are of legal age to form a binding contract, or have the consent of a parent
or guardian, and are not a person barred from receiving Services under the laws of the United States
or other applicable jurisdiction. You also agree to provide true, accurate, current and complete
information about yourself and promptly update the Preferences Data to ensure it is true, accurate,
current and complete. If you provide any information that is untrue, inaccurate, or A2Stream has
reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete,
A2Stream has the right to suspend or terminate your account and refuse any and all current or future
use of the Service (or any portion thereof).

You may never use another's account without permission.

You are solely responsible for the information you send with the mailVU.com service. You control
who receives your video/audio files and documents through your ability to input email addresses.
You are responsible for maintaining the confidentiality of your mailVU.com password and you are
solely responsible for all activities that occur under your password. You agree to notify A2Stream
immediately of any unauthorized use of your password or any other breach of security related to
mailVU.com. A2Stream reserves the right to require you to change your password if we believe that
your password is no longer secure.

 

Member Conduct

You understand that all information, in all forms ("Content") is the sole responsibility of the person
from which such Content originated. This means that you, and not A2Stream, are entirely responsible
for all Content that you upload, post or otherwise make available via the Service. A2Stream does not
control all the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or
quality of such Content. Under no circumstances shall A2Stream be liable in any way for any Content,
including, but not limited to, for any errors or omissions in any Content, or for any loss or damage
of any kind incurred as a result of the use of any Content posted or otherwise made available via the
Service.

You agree that you must evaluate, and bear all risks associated with, the use of any Content, including
any reliance on the accuracy, completeness, or usefulness of such Content. You agree to abide by all
applicable laws, statutes, ordinances and regulations regarding your use of the Service.

You agree not to:

ñ Make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, inflammatory,
provocative, or racially, ethnically or otherwise objectionable;


ñ Make available explicit or graphic descriptions or accounts of sexual acts (including but not
limited to sexual language of a violent or threatening nature directed at another individual or
group of individuals), or in any way violate child pornography laws;


 

ñ Make available any Content that you do not have a right to make available under any law or

under contractual or fiduciary relationships;

 

• ñ Make available any Content that infringes any patent, trademark, trade secret, copyright or other
  proprietary rights ("Rights") of any party;
• 
  ñ Make available any unsolicited or unauthorized advertising, promotional materials, "junk
  mail," "spam,", etc. or any other form of solicitation;
• 
  ñ Make available any Content that contains software viruses or any other computer code, files or
  programs designed to interrupt, destroy or limit the functionality of any computer software or
  hardware or telecommunications equipment;
• 
  ñ Impersonate any person or entity, including, but not limited to, an A2Stream official, forum
  leader, administrator or moderator, or Premium Account, or falsely state or otherwise
  misrepresent your affiliation with a person or entity;
• 
  ñ Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey
  any requirements, procedures, policies or regulations of networks connected to the Service;
  ñ Solicit other users of the mailVU.com site to join or become members of any online or other
  Service;
• 
  ñ Stalk or otherwise harass another member or user of the Services;
• 
  ñ Intentionally or unintentionally violate any applicable local, state, national or international law.

• We do not endorse the contents of any Submissions, and expressly disclaim any and all liability in
  connection with Submissions. We do not pre-screen or monitor Submissions. However, we have the
  right at our sole discretion to remove any content of any kind that, in our judgment, does not comply
  with these Terms and Conditions and any other rules of user conduct for our website, or is otherwise
  harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing
  such content. You hereby consent to such removal and waive any claim against us arising out of such
  removal of content.

 

If you would like to notify us of content which you believe does not comply with these Terms and
Conditions, please contact us at support@a2stream.com. Make sure to include both the web page
URL for the non-complying video or content, and the reasons you believe it does not comply. You
understand that in using this website, you may be exposed to materials that are objectionable as set
forth above. You hereby waive and agree to waive all rights, claims, and actions in law or equity
against A2Stream arising from your exposure to such materials.

 

You may not use your account to breach security of another account or attempt to gain unauthorized
access to another network or server. Users who violate systems or network security may incur criminal
or civil liability.

 

You agree that we may at any time, and at our sole discretion, terminate your account without prior
notice to you and without reimbursement if we suspect a violation any of these Terms and Conditions.
In addition, you acknowledge that we will cooperate fully with investigations of violations of
systems or network security at other sites, including cooperating with law enforcement authorities in
investigating suspected criminal violations.

 

Content Submitted

A2Stream does not claim ownership of Content you submit or make available for inclusion on the
Service. However, with respect to Content you submit or make available for via the Service, you
grant A2Stream a perpetual, irrevocable, world-wide, royalty free and non-exclusive license to use,
distribute, reproduce, modify and publicly display such Content on the Service. These rights and
licenses are granted by you to us for free, so we can provide you with our Services. When you remove
your content from mailVU.com, these licenses to your Content terminate and we will no longer show
them.

A2Stream does not allow downloading of content files from the site unless the user subscribes to a
service plan explicitly granting permission to do so.

You will be responsible for, and indemnify and hold harmless A2Stream, against any claim arising
from any content that you submit or make available for inclusion on the Service.

 

Term and Termination

A2Stream may immediately terminate the Service if you fail to abide by the terms of these Terms
and Conditions. In addition, A2Stream may, but has no duty to, immediately terminate the Service
if A2Stream in its sole discretion concludes that you are engaged in fraudulent or illegal activities,
sharing account with unauthorized users, or activities that may damage the rights of A2Stream or
others. Termination of the Service may result in the deactivation or deletion of your mailVU.com
account.

 

Disclaimer of Warranties

You expressly understand and agree that the Service is provided 'as is' and A2Stream does not warrant
the accuracy, completeness, marketability, fitness for a particular purpose, or title to any of the data or
function in its web site, any of the data or function linked to its web site, any data or function provided
by partners or vendors of this web site, or any Service provided herewith; nor does A2Stream assume
any responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications
or personalization settings. A2Stream does not warrant that code, content, files, access, functions or
any combination thereof are free of errors or corruptions.

Limitation of Liability

IN NO EVENT SHALL A2STREAM INC. BE LIABLE FOR ANY DIRECT, SPECIAL,
INDIRECT, INCIDENTIAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING,
INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS
AND CONDITIONS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR
LIMITATION OF DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE
EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

 

Indemnification

If A2Stream is sued because of your use of our site or Services, including for any of your videos or
other submissions, you will be responsible for paying for our legal bills. If anyone hacks your account
or steals your password, please let us know immediately. You are responsible for your account.

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF
YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE
FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT. YOU AGREE
TO INDEMNIFY, DEFEND AND HOLD HARMLESS A2STREAM INC., ITS PARENTS,
AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES,
CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY,
DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES)
ARISING FROM YOUR USE OF THE MAILVU.COM SITE OR SERVICES, YOUR VIOLATION
OF THESE TERMS AND CONDITIONS OR YOUR INFRINGEMENT, OR INFRINGEMENT BY
ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER
RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY A2STREAM

INC. OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF
SECURITY KNOWN TO YOU.

 

Reservation of Rights

The Service and its benefits are offered at the discretion of A2Stream, and A2Stream has the right to
modify or discontinue, temporarily or permanently, the Service, in whole or in part for any reason, at
its sole discretion, with or without notice to you. You agree that A2Stream will not be liable to you or
any third-party for any modification or discontinuance of the Service. A2Stream, in its sole discretion,
may add, delete, or change some or all of the features of the Service at any time.

You acknowledge that A2Stream has the right (but not the obligation) in its sole discretion to pre-
screen, refuse, evaluate, edit, remove, move, or otherwise manipulate any Content that is available via
the Service. Without limiting the foregoing, A2Stream shall have the right to edit, refuse to post or
remove any Content that violates these Terms and Conditions or is otherwise objectionable.

 

International Use

Although this website may be accessible worldwide, we make no representation that materials on this
site are appropriate or available for use in locations outside the United States, and accessing them from
territories where their contents are illegal is prohibited. Those who choose to access this site from
outside the United States do so on their own initiative and are responsible for compliance with local
laws. In addition, this Site and the Services provided under this agreement may be subject to United
States export control regulations or the export control regulations of other countries. You agree to
comply strictly with all export control laws, and assume sole responsibility for obtaining licenses to
export or re-export as required.

 

Miscellaneous

These Terms and Conditions and the Privacy Policy, constitute the entire agreement between
you and A2Stream with respect to your access and use of the Service and supersedes all prior or
contemporaneous agreements (whether oral, written or electronic) between you and A2Stream with
respect to the Service. If any provision of these terms or any document incorporated by reference is
found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in the provision, and the other
provisions of such documents remain in full force and effect. The Service is controlled by A2Stream
from its offices within the State of North Carolina, USA. These Terms and Conditions shall be
interpreted under the laws of the State of North Carolina and applicable federal law, without regard to
any conflict of law provisions.

 

Refund Policy

If you purchased a mailVU Business Plan and are not satisfied with the service within the first 30
days, A2Stream will provide a refund of the first month's payment. After the initial 30 days there
are no refunds of month-to-month service plans. A2Stream may elect, solely at our discretion,
to provide partial refunds of semi-annual and annual plans which have not expired. Contact
support@a2stream.com to inquire about a refund.

 

Contacting Us

If you have questions regarding our Terms and Conditions, its implementation, failure to adhere to the

statement, or our general practices, please contact us at:

 

A2Stream Inc.
support@a2stream.com
9935-D Rae Rd.
Suite 113
Charlotte, NC USA 28277

704-237-0102

 

We will use commercially reasonable efforts to promptly respond and resolve any problem or question.