puntarenas
2010-04-30, 12:48:09
Soeben hatte ich folgende Benachrichtigung in meinem Postfach:
We are pleased to inform you that Opera Software ASA ("Opera Software") (through its wholly owned Australian subsidiary, Opera Software Australia Pty Limited ("Opera")) acquired the FastMail.FM business from the Fastmail Partnership (ABN 92 500 291 991) and Messaging Engine Pty Ltd. (ACN 92 500 291 991) ("FastMail") on [DATE].
There are some important legal consequences of the acquisition which we want to inform you about.
More information about the practical consequences of the acquisition are provided below.
Agreement to be novated to Opera
In order for Opera to continue providing the services FastMail is known for, as well as new and improved services, FastMail proposes to novate your agreement ("Agreement") with the Fastmail Partnership or Messaging Engine Pty Ltd (as the case may be) (the "Existing Party") to Opera effective [DATE] (the "Effective Date"), unless you choose to terminate it (as described below). This means that Opera will provide the FastMail.FM services to you from the Effective Date.
Disclosure and collection of personal information
You have provided certain personal information to FastMail when signing up and using your account, including your name, address, date of birth etc. Unless you have asked FastMail not to store your credit card details, FastMail has stored those details and you have authorised FastMail to charge renewal payments to your credit card automatically.
In order for Opera to continue providing the FastMail.FM services to you, your personal information must be collected by Opera from FastMail. We want to make sure you know that Opera fully respects your personal information and will only use such information in accordance with the FastMail Terms of Service and Privacy Policy, as well as the applicable laws and regulations. Unless otherwise authorised and acquired by law, your personal information will only be used or disclosed for these purposes. You will still have the same rights to access your personal information when it is held by Opera as you did when it was held by the FastMail Partnership or Messaging Engine Pty Ltd, and this is described in the Privacy Policy at http://www.fastmail.fm/help/overview_privacy.html.
You are under no obligation to agree to the novation of your Agreement and the disclosure of your personal information to Opera. You may accept such novation and disclosure as described under section 1 below, or terminate your agreement as described in section 2.
1. Provide further details or take no action
Novation means that you and Opera will enter into a new agreement based on the FastMail Terms of Service. Under the Terms of Service, you will continue to be bound by any current policies relating to the FastMail.FM service. We recommend that you read the current Terms of Service and relevant policies at http://www.fastmail.fm/help/overview_terms.html.
There are two ways you can provide your consent to the novation and the disclosure of your personal information (including credit card information) to Opera.
1. By clicking the "I Accept" button below; or
2. If you take no action (ie, you do not take any action to terminate your Agreement as outlined below, and do not give any other instructions to FastMail which would indicate that you do not agree to the novation of your Agreement and the disclosure of your personal information, including credit card information) then, you will be taken to have agreed that, effective on and from the Effective Date:
* your Agreement is novated so that Opera replaces the Existing Party under it as if Opera were an original party to the Agreement;
* that agreement takes effect as an agreement on the same terms as previously except that references to the Fastmail Partnership or Messaging Engine Pty Ltd will be read as references to Opera;
* Opera obtains all of the rights, and will perform all of the future obligations, of the Existing Party under that agreement; and
* you release the Existing Party from any obligations under your Agreement arising on or after the Effective Date.
In addition, if paragraph 1 or paragraph 2 above applies, you will be taken to have:
* consented to your personal information (including credit card information, if currently stored by FastMail) being provided to Opera;
* authorised Opera to use that personal information for the purposes of providing the FastMail.FM services to you; and
* authorised Opera to automatically charge renewal payments to your credit card as and when such payments become due and payable.
From the Effective Date, Opera will have the same obligations and responsibilities as outlined in the current FastMail Terms of Service. All Fastmail policies will continue to apply, except that references to the Fastmail Partnership or Messaging Engine Pty Ltd will be read as references to Opera.
You will be taken to have consented to the novation of your Agreement and the disclosure of your personal information (on the terms set out above) by doing any act which is consistent with the novation of your Agreement to Opera on or after the Effective Date, including by continuing to use the FastMail.FM service.
Notwithstanding anything else in this notice, the Existing Party has assigned to the Assignee with effect on and from the Effective Date all of its rights, title and interest in the Agreement.
As such, you are irrevocably directed to pay all amounts that fall due under and otherwise perform all obligations under your Agreement in favour of Opera on and from the Effective Date.
Your existing Agreement continues for the benefit of FastMail in respect of any rights and obligations accruing before the Effective Date and, to the extent that any law or provision of any agreement makes the novation not binding or effective on the Effective Date, and to the extent that any rights under your Agreement are not otherwise assigned, then your Agreement will continue for the benefit of the Existing Party until such time as the novation is effective, and the Existing Party will hold the benefit of those rights on trust for Opera.
2. Terminate your agreement by notice
If you prefer not to consent to the novation to Opera or do not wish your personal information (including credit card information) to be collected by Opera, please click "No, close my account" below, or in the alternative please follow the normal procedures for terminating your account by which you can do by clicking 'Options' and then 'Cancel Account' in the FastMail web interface. Upon receiving such notice, your agreement will be terminated and your account will be closed. You will be welcome to sign up again with Opera at any time in the future.
Die haben mich an Opera verschachert. Mal sehen was die Norweger mit dem Zukauf eines Mail-Providers vorhaben, ich dachte die hätten schon einen eigenen Service aufgebaut. Angeheuert habe ich in Australien, dann sind die Server in die USA umgezogen und jetzt also ein europäisches Mutterunternehmen. In Asien war ich noch nicht, kann ja noch kommen.
Mit Fastmail.fm bin ich jedenfalls seit Jahren hochzufrieden und ich hoffe, durch irgendeine zukünftige Browserintegration leiden mein IMAP-Zugriff, das Webfrontend und die SIEVE-Scrips sowie der Spamfilter in ihrer jetztigen Form nicht. :smile:
FastMail.FM Weblog
- FastMail.FM has been acquired by Opera Software (http://blog.fastmail.fm/2010/04/30/fastmail-fm-has-been-acquired-by-opera-software/)
heise.de - Opera übernimmt E-Mail-Provider FastMail.fm (http://www.heise.de/newsticker/meldung/Opera-uebernimmt-E-Mail-Provider-FastMail-fm-990958.html)
We are pleased to inform you that Opera Software ASA ("Opera Software") (through its wholly owned Australian subsidiary, Opera Software Australia Pty Limited ("Opera")) acquired the FastMail.FM business from the Fastmail Partnership (ABN 92 500 291 991) and Messaging Engine Pty Ltd. (ACN 92 500 291 991) ("FastMail") on [DATE].
There are some important legal consequences of the acquisition which we want to inform you about.
More information about the practical consequences of the acquisition are provided below.
Agreement to be novated to Opera
In order for Opera to continue providing the services FastMail is known for, as well as new and improved services, FastMail proposes to novate your agreement ("Agreement") with the Fastmail Partnership or Messaging Engine Pty Ltd (as the case may be) (the "Existing Party") to Opera effective [DATE] (the "Effective Date"), unless you choose to terminate it (as described below). This means that Opera will provide the FastMail.FM services to you from the Effective Date.
Disclosure and collection of personal information
You have provided certain personal information to FastMail when signing up and using your account, including your name, address, date of birth etc. Unless you have asked FastMail not to store your credit card details, FastMail has stored those details and you have authorised FastMail to charge renewal payments to your credit card automatically.
In order for Opera to continue providing the FastMail.FM services to you, your personal information must be collected by Opera from FastMail. We want to make sure you know that Opera fully respects your personal information and will only use such information in accordance with the FastMail Terms of Service and Privacy Policy, as well as the applicable laws and regulations. Unless otherwise authorised and acquired by law, your personal information will only be used or disclosed for these purposes. You will still have the same rights to access your personal information when it is held by Opera as you did when it was held by the FastMail Partnership or Messaging Engine Pty Ltd, and this is described in the Privacy Policy at http://www.fastmail.fm/help/overview_privacy.html.
You are under no obligation to agree to the novation of your Agreement and the disclosure of your personal information to Opera. You may accept such novation and disclosure as described under section 1 below, or terminate your agreement as described in section 2.
1. Provide further details or take no action
Novation means that you and Opera will enter into a new agreement based on the FastMail Terms of Service. Under the Terms of Service, you will continue to be bound by any current policies relating to the FastMail.FM service. We recommend that you read the current Terms of Service and relevant policies at http://www.fastmail.fm/help/overview_terms.html.
There are two ways you can provide your consent to the novation and the disclosure of your personal information (including credit card information) to Opera.
1. By clicking the "I Accept" button below; or
2. If you take no action (ie, you do not take any action to terminate your Agreement as outlined below, and do not give any other instructions to FastMail which would indicate that you do not agree to the novation of your Agreement and the disclosure of your personal information, including credit card information) then, you will be taken to have agreed that, effective on and from the Effective Date:
* your Agreement is novated so that Opera replaces the Existing Party under it as if Opera were an original party to the Agreement;
* that agreement takes effect as an agreement on the same terms as previously except that references to the Fastmail Partnership or Messaging Engine Pty Ltd will be read as references to Opera;
* Opera obtains all of the rights, and will perform all of the future obligations, of the Existing Party under that agreement; and
* you release the Existing Party from any obligations under your Agreement arising on or after the Effective Date.
In addition, if paragraph 1 or paragraph 2 above applies, you will be taken to have:
* consented to your personal information (including credit card information, if currently stored by FastMail) being provided to Opera;
* authorised Opera to use that personal information for the purposes of providing the FastMail.FM services to you; and
* authorised Opera to automatically charge renewal payments to your credit card as and when such payments become due and payable.
From the Effective Date, Opera will have the same obligations and responsibilities as outlined in the current FastMail Terms of Service. All Fastmail policies will continue to apply, except that references to the Fastmail Partnership or Messaging Engine Pty Ltd will be read as references to Opera.
You will be taken to have consented to the novation of your Agreement and the disclosure of your personal information (on the terms set out above) by doing any act which is consistent with the novation of your Agreement to Opera on or after the Effective Date, including by continuing to use the FastMail.FM service.
Notwithstanding anything else in this notice, the Existing Party has assigned to the Assignee with effect on and from the Effective Date all of its rights, title and interest in the Agreement.
As such, you are irrevocably directed to pay all amounts that fall due under and otherwise perform all obligations under your Agreement in favour of Opera on and from the Effective Date.
Your existing Agreement continues for the benefit of FastMail in respect of any rights and obligations accruing before the Effective Date and, to the extent that any law or provision of any agreement makes the novation not binding or effective on the Effective Date, and to the extent that any rights under your Agreement are not otherwise assigned, then your Agreement will continue for the benefit of the Existing Party until such time as the novation is effective, and the Existing Party will hold the benefit of those rights on trust for Opera.
2. Terminate your agreement by notice
If you prefer not to consent to the novation to Opera or do not wish your personal information (including credit card information) to be collected by Opera, please click "No, close my account" below, or in the alternative please follow the normal procedures for terminating your account by which you can do by clicking 'Options' and then 'Cancel Account' in the FastMail web interface. Upon receiving such notice, your agreement will be terminated and your account will be closed. You will be welcome to sign up again with Opera at any time in the future.
Die haben mich an Opera verschachert. Mal sehen was die Norweger mit dem Zukauf eines Mail-Providers vorhaben, ich dachte die hätten schon einen eigenen Service aufgebaut. Angeheuert habe ich in Australien, dann sind die Server in die USA umgezogen und jetzt also ein europäisches Mutterunternehmen. In Asien war ich noch nicht, kann ja noch kommen.
Mit Fastmail.fm bin ich jedenfalls seit Jahren hochzufrieden und ich hoffe, durch irgendeine zukünftige Browserintegration leiden mein IMAP-Zugriff, das Webfrontend und die SIEVE-Scrips sowie der Spamfilter in ihrer jetztigen Form nicht. :smile:
FastMail.FM Weblog
- FastMail.FM has been acquired by Opera Software (http://blog.fastmail.fm/2010/04/30/fastmail-fm-has-been-acquired-by-opera-software/)
heise.de - Opera übernimmt E-Mail-Provider FastMail.fm (http://www.heise.de/newsticker/meldung/Opera-uebernimmt-E-Mail-Provider-FastMail-fm-990958.html)