Fastmail Acquired by Opera!

[reed]

Originally Posted by Jud

Just looked back at the user agreement novating my account to Opera and didn't see anything there or in the Fastmail message requiring that it be done in one day. So I am wondering where the "1 day to cancel" information is shown. Can anyone point me to it? Thanks.

The email sent, stated (below in the legalese part of it)

"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:'

Elsewhere it stated the effected date was April 30, 2010. Use it today, you don't agree. Use it tomorrow and they consider you opted in. (or enter the provided URL, and you are explicitly opted in)

[Shelded]

Originally Posted by Jud

Just looked back at the user agreement novating my account to Opera and didn't see anything there or in the Fastmail message requiring that it be done in one day. So I am wondering where the "1 day to cancel" information is shown. Can anyone point me to it? Thanks.

I had this same question. The email says that if you do not answer it will be assumed you agree as of the effective date. So, IANAL but it seems the zero-day opt is correct.

[Adon]

One of the main values people commonly tend to share is stability. Fastmail ujp to this day has been stable and offering up to 5 years pay in advance because of that and some people did really pay that much because they knew that they still would have their FM box the same (or even better) after such a long time. Now all of a sudden FM gets sold out to a big, completely alien company with bad business practices (if you can't compete - sue your rival, the famous case with Microsoft). Now the original FM staff will not have a voice, Opera will dictate their policies and their bad vision of how FM should look and feel, and that's pretty BAD because FM will never be the same again. Now all the bells and whistles from Opera, I just don't want FM to have anything to do with Opera. It's a spit in the face of the customer, FM sold us out and left us with the abysmal "accept or begone, we don't need you with your puny payments, but we do need millions from Opera" choice. I cannot see myself continuing my subscription and I'd also converted my friend to FM and now I regret that deeply. I think when my term is up I'll pack up and move somewhere else, maybe host my own email server because FM now in the hands of Opera Software is no better than Gmail or Microsoft and FM is still the best out there but now it will get worse over time, regress and degradation, mark my words.

FM, selling us out to Opera is treachery!

[Shelded]

Originally Posted by reed

Use it tomorrow and they consider you opted in. )

I do not see this aspect in the message. Do you?

My point is: your account is opted in whether or not you use it. You have one choice only: jump off the moving bus or stay on, your fare will be forfeit when you jump.

[benaboo]

Originally Posted by Shelded

I do not see this aspect in the message. Do you?

Yes, absolutely. You have TODAY to decide, "yes" or "no." However, the statement that was mailed to you says if you DO NOT decide today (April 30th), you will be "considered" to have agreed to the new TOS.

That is a ONE-DAY opt-out allowance. Otherwise, you're automatically in. I don't know why they even bothered to allow you to opt-in manually, since it's automatic after a day anyway.

Read the part of the announcement BELOW the announcement. It's called "Notice" and it says this:

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 30 April 2010 (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.

Effective April 30th, unless you choose to terminate. So when you read the rest of this below, keep in mind the "Effective Date," which is TODAY.

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 this link http://www.fastmail.fm/action/opera/...90d5f75a634e4e and clicking “I Accept”; 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.

[akorvemaker]

Originally Posted by benaboo

Yes, absolutely. You have TODAY to decide, "yes" or "no." However, the statement that was mailed to you says if you DO NOT decide today (April 30th), you will be "considered" to have agreed to the new TOS.

That is a ONE-DAY opt-out allowance. Otherwise, you're automatically in. I don't know why they even bothered to allow you to opt-in manually, since it's automatic after a day anyway.

After which you can simply cancel your account. It's not like we're locked in to anything after today.

[reed]

Originally Posted by Shelded

I do not see this aspect in the message. Do you?

My point is: your account is opted in whether or not you use it. You have one choice only: jump off the moving bus or stay on, your fare will be forfeit when you jump.

I inferred this from the FAQ on the blog page: 'What if I don’t click the "I Accept" button? If you continue to use your account, we will treat this in the same way as if you had clicked the "I Accept" button.' and the wording around 'Effective Date' in the email which was sent out.

[Shelded]

The opt-in thing yields three classes of users:
1. Willing participants (tell you they're OK with this)
2. Unknown participants
3. Non participants (cancel account)

I won't speculate the value of that knowledge, but it's knowledge. I have chosen #2 for myself. I didn't even click the link to see what it says. Can someone post the content?

[benaboo]

Originally Posted by Shelded

I won't speculate the value of that knowledge, but it's knowledge. I have chosen #2 for myself. I didn't even click the link to see what it says. Can someone post the content?

I have amended my post above to include the language of the notice that was sent out. It specifically says if you do NOT opt in as of the "Effective Date" which is today, "you will be taken to have agreed that, effective on and from the Effective Date" etc. etc. etc.

So I say again -- ONE DAY is what we were given to either ACCEPT that we would stay and become an "Opera" user under Fastmail, or DECIDE to leave.

Is that any way to treat long-time customers?

I just choose not to support Opera, just as I choose not to support Apple for other reasons. It's my choice. It's totally my choice, I understand that time moves on, and I know I lost my remaining time (83%). I just wish it hadn't been this way. This is NOT a nice way to do business, but I guess it's "just business," right? I was just surprised that Fastmail did this.

[Shelded]

Originally Posted by akorvemaker

After which you can simply cancel your account. It's not like we're locked in to anything after today.

Exactly. Unless you think having allowed your email history in the hands of Opera is a bad thing. If this truly concerns you, I would bet that 1 week after deleting your email store Opera will not have any of it -- that's the Fastmail technology, as it currently stands. Just relax, people....

The recently-added account restore feature may lengthen that week. I am sure someone will advise me how far back that goes

[johanborg]

Originally Posted by Adon

Now the original FM staff will not have a voice, Opera will dictate their policies and their bad vision of how FM should look and feel, and that's pretty BAD because FM will never be the same again.

Adon, I hope you at least give us the chance to prove you wrong before you move on. As I've said before, we bought FastMail because of both the service and the people. We wouldn't want to destroy their baby.

Feel free to drop me a line if you have concerns you would like to raise directly, 'johan [@] opera. com'.


Moderator: Fixed "live" email address to avoid spambots.
johanborg, if you are not worried about spambots and like your email address posted "live" please let me know and I will try to remember to leave it alone.

[JasonWard]

Did everyone get an email?

I haven't yet... I found out about the takeover from Slahdot

I'm actually fine with opting in, but what if Fastmail fail to inform me at all, does that mean any auto opt in is invalid?

[CyberDyne]

Originally Posted by johanborg

...//...

Feel free to drop me a line if you have concerns you would like to raise directly, johan [at] opera.com.

That's very nice of you, but personally I think these discussions should remain public since they concern so many.

Also, just an FYI: I believe live email addresses are not permitted.

[Shelded]

Originally Posted by benaboo

I have amended my post above to include the language of the notice that was sent out. It specifically says if you do NOT opt in as of the "Effective Date" which is today, "you will be taken to have agreed that, effective on and from the Effective Date" etc. etc. etc.

So I say again -- ONE DAY is what we were given to either ACCEPT that we would stay and become an "Opera" user under Fastmail, or DECIDE to leave.

Is that any way to treat long-time customers?

I just choose not to support Opera, just as I choose not to support Apple for other reasons. It's my choice. It's totally my choice, I understand that time moves on, and I know I lost my remaining time (83%). I just wish it hadn't been this way. This is NOT a nice way to do business, but I guess it's "just business," right? I was just surprised that Fastmail did this.

I wish you had not amended your previous post, it makes it seem I could not read carefully. That's not the case. I am saying that the message I received does not give you any cause to think idling your account after April 30 (the effective date) preserves any status for you. It is not in the email I got. You may be correct to assume it, but it's not there. Can you show me that?

Is that any way to treat long-time customers?

I'm OK with that, I would expect nothing else. It would make no sense to allow the entire userbase to cash out.

[CyberDyne]

Originally Posted by Shelded

...//..
It would make no sense to allow the entire userbase to cash out.

Under normal circumstances, agreed. These are very different circumstances.