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The GTC

GTC www.ecomail.fr

SUMMARY:

Preliminary remarks
Definitions
Preamble
Services
How to subscribe to the services
Awards
Payment
Service Delivery
Early termination of subscription
Provisions on consumer rights
Warranty & Support
Personal space
Editor's Newsletter
Partner newsletters
Mentions relating to the Data-processing law and Freedoms, of January 6, 1978
Information on the collection of cookies
Disclaimer of publisher's liability
Privacy
Non-transferability of the contract
Intellectual Property
Modification of the general terms and conditions
Applicable law and jurisdiction
Amicable settlement of disputes
Severability
Non-waiver

1. Preliminary remarks

a) Legal notice

Le présent site est édité par la société Ecomail, SAS au capital de 10000 Euros, immatriculée au registre du commerce et des sociétés de Brice sous le numéro B 849397393, et dont le siège social (Administration) est 112 route de Rozac, 19120 Sioniac
The publisher can be reached by telephone on 09.72.32.49.09 or by e-mail at the following address: sav@ecomail.earth.

Intra-community VAT N°: FR57849397393

The site is hosted by Ecomail SAS.

The director of publication and responsible for the editorial staff of this site is Mr Herbert Nathan.

(b) Purpose

This site is freely accessible to all Internet users. It allows Internet users to subscribe to email address hosting services.

c) Acceptance of the General Conditions

Ordering on this site implies the acceptance, by the Internet user, of all the present general conditions. The Internet user acknowledges having fully read them and renounces his own conditions. This acceptance will consist in the fact of ticking the box corresponding to the following sentence: "I agree with the GCS. ».

Checking the box will be deemed to have the same value as a handwritten signature. The Internet user acknowledges the value as proof of the automatic recording systems of the publisher of this site and, unless he or she can prove otherwise, he or she waives the right to contest them in the event of a dispute.

Acceptance of these general terms and conditions assumes that Internet users have the necessary legal capacity to do so, or failing this, that they have the authorisation of a tutor or curator if they are incapable, of their legal representative if they are minors, or that they have a mandate if they are acting on behalf of a legal entity.

2. Definitions

"Site": Website accessible at the URL www.ecomail.fr,
"Publisher": Ecomail SAS in its capacity as publisher of the Site,
"Internet user": Any person, natural or legal person, of private or public law, connecting to the Site,
"User": Any person, natural or legal person, of private or public law, using the services of the Site,
"Customer": Any individual or legal entity, private or public law, having made a purchase on the Site,

"Content": Any document, information or data uploaded through the interfaces of the site by a user in any format (PDF, JPG, MP3, AVI, TXT etc.).
Services: Refers to the hosting of email addresses.

3. Preamble

Within the framework of the use of the services proposed on the site, the users commit themselves without any limit or reserve to :
- use the services provided by the publisher reasonably,
- not interfere with the peaceful enjoyment of the service by other users,
- not to use the services provided for illegal purposes,
- respect the rights of third parties,
- comply with all applicable laws and regulations, and in particular legislation relating to intellectual property rights and the protection of personal data,
- not to upload or share, through any of the interfaces made available by the publisher, racist, paedophilic content or content that is contrary to public order or morality or contravenes a legislative or regulatory provision in force.
- not to make, through any of the interfaces made available by the publisher, racist, paedophilic, false, defamatory, disparaging, threatening, insulting or contrary to public order or morality or contravene any legislative or regulatory provision in force.
- not to host pornographic content through your email inbox or cloud space

In addition, professional users undertake to be in full compliance with all the registrations and canvassing requirements to which they are subject in their capacity as professionals.

Users remain, in any case, responsible for the data contained in their personal account or exchanged in the context of the use of the services. They remain responsible for their actions committed within the framework of the use of the present service and answer for them before the competent courts.

Any breach of these general terms and conditions that has resulted in damage or that constitutes a violation of regulatory or legislative provisions may be prosecuted directly against the user and the administrator, who thereby release the service publisher from any liability in this respect.

4. Services

The publisher proposes to the Internet users to subscribe to a service of hosting of email address. The service is described in detail on the site and briefly below:

Email address hosting: provision of an email address linked to the Ecomail.fr domain allowing email to be sent and received. It is not possible via the service to send mass mailings.
Cloud Hosting: Provision of disk space for storing files and images. Files and images are stored privately and the user must have all the necessary rights to store them.

5. Terms and conditions of subscription to the services

In order to subscribe to one of the services offered on this site, the Internet user can choose the unique offer of hosting his email box for a fixed period of 12 months.

The Internet user will be able to register free of charge to the service in order to test it during 1 month. After this period, he will be able to renew his service for a period of 12 months via his customer area. The price includes VAT is 12€ per year. When he clicks on the "Renew" button, he will be redirected to a summary or it will also indicate the option he has or not to exercise his right of withdrawal and the time limits that apply.

The member will be invited to check or modify his billing information and will then be invited to make his payment by being redirected to the secure payment interface for this purpose.

Once the payment has actually been received by the site publisher, the latter undertakes to acknowledge receipt to the customer by electronic means within a reasonable period of time.
In the same way and within the same deadlines, the publisher undertakes to send the customer an e-mail summarising their subscription and confirming its processing, including all information relating to the services subscribed to, their execution, as well as the terms and conditions for exercising their right of withdrawal.

6. Awards

The prices indicated on the site are in Euros, all taxes included. These prices can be modified at any time by the publisher. The prices displayed are valid only on the day of subscription and have no effect for the future. The prices are firm, with no discounts or rebates.

7. Payment

the internet user can place an order on the present site and pay by cheque, credit card and paypal. The payment of the order takes place after the subscription and the trial period.

Payments by credit card are made through secure transactions provided by Paypal. In case of payment by credit card, the publisher of this site has no access to any data relating to the user's means of payment. The payment is made directly in the hands of the banking establishment.

8. Service Delivery

The services are made available within a period of (1) one to (12) twelve hours from the time of subscription and upon full receipt of the sums corresponding to the order.

Some services may nevertheless justify a longer lead time, it will be expressly mentioned to the attention of the consumer during the validation of the order.

In case of exceeding the terms of service, the customer acknowledges being fully informed that the publisher may suspend access to the email messaging service as well as the posting of the customer's data online, without notice or compensation.

9. Early termination of subscription

Early termination of the contract may be requested at any time by the customer or the publisher, without having to justify himself for any reason whatsoever, subject to 60 days' notice; it is then understood that he may not claim any compensation or reimbursement of the sums involved: the full price of the order is due.

The termination of the contract will have the effect, at the end of the period defined in this article, to cause the definitive closure of the customer's account and the deletion of all the contents if necessary hosted: it is thus up to the customer to carry out all the necessary backups before the closure of the account.

The publisher reserves the exclusive right to delete the account of any customer who has violated these terms and conditions, in particular, but without these examples being exhaustive, when the member has used the services to disseminate racist content or when he has seriously disrespected the staff of the publisher (insulting, threatening remarks etc.). The said deletion will not be likely to constitute a damage for the excluded customer who will not be able to claim any indemnity or refund of this fact.

10. Provisions on consumer rights

a) Customer Service

The publisher's customer service is available:

- By telephone from Monday to Friday from 8.00 am to 5.00 pm on the following number: 09.72.32.49.09
- By e-mail to the following address sav@ecomail.earth,
– Ou par courrier postal à l’adresse suivante : Ecomail SAS, 112 route de Rozac, 19120 Sioniac.

In the last two cases, the publisher will endeavour to provide a response within two working days.

b) Right of withdrawal

In accordance with the legislation in force, consumers have a period of fourteen clear days from the date of subscription to request a refund under their right of withdrawal. In order to exercise this right, it is their responsibility to contact the publisher's customer service department.

It is brought to the attention of users that the right of withdrawal can no longer be exercised once the provision of the service has begun.

11. Warranty & Support

The publisher undertakes to maintain optimal availability of the services and to intervene in the event of failure of the server or server software. The publisher also undertakes to provide assistance to the customer for any question or incident relating to the subscribed service.

As part of its availability guarantee, the publisher guarantees the customer an intervention within four hours from the identification of the incident (GTI) and a restoration of service within a maximum of forty-eight hours from the time the incident is taken over (GTR). If the customer fails to intervene within the aforementioned time limits, he may take advantage of this failure to intervene to request a credit note on his next invoice calculated on a pro rata basis according to the unavailability.

As part of the helpdesk, the editor will be operational from Monday to Friday from 8:00 am to 5:00 pm by phone (09.72.32.49.09), email (sav@ecomail.earth).

The services covered by the helpdesk exclude in particular questions and services that are not directly related to the service subscribed to, malfunctions caused by improper use of the services or malfunctions caused by the software, systems and hardware of the user or its service providers.

12. Personal space

(a) Creation of personal space

The creation of a personal space is an essential prerequisite for any subscription by an Internet user to a service offered on this site.
To this end, the Internet user will be asked to provide a certain amount of personal information about him or her. The Internet user undertakes to provide accurate information under penalty of termination of the contract and deletion of the customer account. Certain information is essential for the creation of the personal space and the conclusion of the contract. Refusal by an Internet user to provide said information will have the effect of preventing the creation of the personal space and, incidentally, the conclusion of the contract.

b) Operation

This space allows the customer to consult all his subscriptions to the services carried out on the site, to use the subscribed services and to access technical support.

The publisher reserves the exclusive right to delete the account of any member who would have contravened these terms and conditions (in particular but without this example being exhaustive, when the member has knowingly provided erroneous information, during his registration and the creation of his personal space) or any account that has been inactive for at least one year. The said deletion shall not be likely to constitute damage for the excluded member, who shall not be entitled to any compensation as a result.

This exclusion is not exclusive of the possibility for the publisher to take legal action against the member, when the facts have justified it.

c) Password

When creating the personal space, the user is asked to choose a password. This password guarantees the confidentiality of the information contained in the "my account" section and the user therefore refrains from transmitting it or communicating it to a third party. Otherwise, the site cannot be held responsible for unauthorized access to a user's account.

13. Editor's Newsletter

By ticking the box provided for this purpose, the member accepts that the publisher may send him/her, at a frequency and in a form that he/she will determine, a newsletter (information letter) that may contain information relating to his/her activity.
When the member ticks the box provided for this purpose, he agrees to receive commercial offers from the publisher of this site for products and services similar to those ordered.

Subscribed members will be able to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each newsletter (newsletters).

14. Partner newsletters

The member who has accepted the communication of personal data (and in particular his e-mail address) to third party partners of this site may receive newsletters (information letters) issued by these partners, commercially or not, at the frequencies and in the forms determined by the said partners.

The member has the option to unsubscribe at any time by clicking on the link provided for this purpose, present on each of the newsletters (newsletters) issued by the said partners. Failing this, the member has the option of unsubscribing by contacting the issuer(s) of the said newsletters (newsletters) directly. The publisher of this website shall not be held liable for the content, data or form of the newsletters (newsletters) sent by the said partners, whatever the prejudice that may have been suffered by the member. Any claim must be made directly to the issuer of the newsletter (newsletter).

15. Information relating to the French Data Protection Act of 6 January 1978.

(a) General - Purpose - Duration

Internet users are free to provide personal information about themselves. The provision of personal information is not essential for browsing the site. On the other hand, registering on this site implies the collection, by the editor, of a certain amount of personal information concerning Internet users. Internet users who do not wish to provide the information necessary for the creation of a personal space will not be able to place an order on the site or create their email address.

The data collected is necessary for the proper administration of the services offered on this site as well as for the respect by the publisher of its contractual obligations. These data are kept by the publisher in this unique quality, and the publisher undertakes not to use them in any other context, nor to transmit them to third parties, except with the express agreement of the users or in cases provided for by law.

(b) Right of access, rectification and opposition

The contact details of all registered users on this site are saved for a maximum period of one year from the deletion of the personal space, which is a reasonable period of time necessary for the proper administration of the site and normal use of the data. This data is kept in secure conditions, according to current technical means, in compliance with the provisions of the French Data Protection Act of 6 January 1978.

In accordance with the latter, they have the right to oppose, question, access and rectify the data they have provided. To do so, they simply need to make a request to the publisher of the present site, by formulating it at the following e-mail address: support@ecomail.fr, or by post to the address of the publisher's head office mentioned at the beginning of the present general conditions.
The personal data collected are subject to computer processing and are exclusively reserved for the site publisher.
The person in charge of treatment is Mr. Herbert Nathan.
The personal data collected is not subject to any transfer abroad.

CNIL Registrant Number: 2163384 v 0

c) IP address

In addition, the publisher reserves the right to collect the public IP (Internet Protocol) address of all Internet users. The collection of this IP address will be carried out in an anonymous way, it will be kept for the same duration as the personal information and will be intended only to allow a good administration of the services proposed on the present site and to check the non-use of proxy connection. The IP address corresponds to a series of numbers separated by dots allowing the unique identification of a computer on the Internet network.

The publisher will have to communicate all personal data relating to an Internet user to the Police (on judicial requisition) or to any person (on judge's order). The IP address of any computer may be reconciled with the actual identity of the subscriber held by the ISP (Internet Service Provider).

16. Notices regarding the collection of "cookies".

(a) General - Purpose - Duration

In order to enable all Internet users to navigate optimally on this site and to improve the functioning of the various interfaces and applications, the publisher may install a cookie on the user's computer. This cookie makes it possible to store information relating to navigation on the site (date, page, time), as well as any data entered by the Internet users during their visit (searches, login, email, password). These cookies are intended to be stored on the Internet user's computer for a variable period of up to one month, and may be read and used by the publisher during a subsequent visit by the Internet user to this site.

(b) Right to object to the implantation of the cookie

the user has the possibility to block, modify the storage duration, or delete this cookie via the interface of his browser (generally: tools or options / privacy or confidentiality). In such a case, navigation on this site will not be optimized. If the systematic deactivation of cookies on the Internet user's browser prevents him/her from using certain services or functionalities provided by the publisher, this malfunction shall under no circumstances constitute a damage for the member, who shall not be entitled to any compensation for this fact.

(c) Deletion of cookies

Internet users also have the possibility of deleting cookies previously present on their computer, by going to the menu of their browser provided for this purpose (generally, tools or options / privacy or confidentiality). Such an action does not affect their browsing on this site, but causes users to lose all the benefit provided by the cookie. In this case, they will have to re-enter all the information concerning them.

17. Exemption of the publisher's liability in the execution of this contract

In the event of impossibility of access to the site, due to technical problems or of any nature not attributable to the publisher, the client may not claim any damages and may not claim any compensation.

The publisher is bound by a general obligation of means and thus undertakes to make every effort to achieve the desired results.

The publisher cannot be held responsible for the non-execution or poor execution of the contract that can be directly or indirectly attributable to the customer (error, omission, negligence etc.) or to a case of force majeure, as defined by the French legal system (natural disasters, floods, bad weather etc.).

Beyond a period of unavailability of more than one uninterrupted hour or beyond 24 non-consecutive hours of unavailability, occurring during the month and attributable to the publisher, customers may take advantage of this deficiency to request a postponement of the term of their subscription, proportional to this period of unavailability. The calculation of the hours of unavailability of the services offered by the publisher will be made by calendar month and full hour. The present clause is not intended to apply if the unavailability is due to a maintenance or update operation duly notified by the publisher.

the publisher undertakes to make a daily backup of all the user's data, it being understood that this backup does not in any way exempt the user from making his own backups on unalterable media (CDs etc.). The daily backup will enable the customer to recover data that has been erased, overwritten or corrupted for less than two days. Beyond the deadline, the data will be definitively deleted and thus become unrecoverable.

The various contents will be uploaded and distributed under the responsibility of the customers.

The customer will answer without limit or reserve for the contents that he will have uploaded and shared, the originality, authenticity and nature of the rights relating to these contents will not be subject to any control by the publisher who will not engage in any way its responsibility on this point. The publisher will in no case be liable for any claims from third parties concerning the content hosted on behalf of the customer.

The customer therefore acknowledges that he is solely and unreservedly liable for all actions brought against the publisher, due to the storage or distribution of content through the services offered on this site. In such cases, the publisher reserves the right to call upon any customer as a guarantee.

The publisher excludes all liability for the reservation of a domain name that the customer has asked him to make. In this respect, the customer acknowledges being fully informed that if the domain name is not renewed every year, it will fall into the public domain and may be reserved by a third party.

The publisher's role is limited to the provision of a technical service for the benefit of the customer. It in no way guarantees that this supply will lead to an increase in its turnover or website traffic. Likewise, the publisher may not be held liable for any loss of turnover or profit, loss of customers or any other damage suffered by the user as a result of the use of the services.

In the event of failure attributable to the publisher in the execution of this contract, its liability will be limited to direct material damage caused to the customer to the exclusion of immaterial or indirect damage such as loss of business, profits, opportunities, commercial prejudice or loss of profit.

Furthermore, the professional client acknowledges that the publisher's liability will in any event be limited to a sum capped at the amount of the payments made by the client in return for the service, for the current calendar year.

In accordance with Article 6-I-2 of the Law for Confidence in the Digital Economy of 21 June 2004, the publisher may not be held liable for information stored at the request of a member if it was not actually aware of the illegal activity or information or if, from the moment it became aware of it, it acted promptly to remove this information or make access impossible.

The publisher nevertheless remains at the disposal of any person who wishes to inform it of any content contrary to these general conditions or contravening a legislative or regulatory provision in force.

Hypertext links on this site may refer to other websites. The publisher cannot be held liable if the content of these sites contravenes the legislation in force or if the client's visit to one of these sites causes him or her prejudice.

18. Privacy

The publisher undertakes to observe the utmost discretion and to maintain the confidential nature of the data hosted on behalf of the client.

19. Non-transferability of the contract

This contract shall not be transferable by the customer during its execution. The publisher will be able to assign the present contract as soon as the customer's rights are maintained.

20. The intellectual property rights relating to the elements published on the present site are protected by copyright.

All the elements constituting this site belong to the publisher and are therefore protected by the legislation relating to intellectual property.

The members therefore acknowledge that, in the absence of authorization, any total or partial copy and any distribution or exploitation of one or more of these elements, even if modified, will be liable to give rise to legal proceedings against them by the publisher or its assignees.

This protection will apply to all the textual and graphic content of the site, but also to its structure, name and graphic charter.

21. Modification of the general terms and conditions

The present general conditions can be modified at any time by the publisher of the site or his representative. The general conditions applicable to the user are those in force on the day of his order. The publisher obviously undertakes to keep all its former general terms and conditions and to send them to any user who requests them.

22. Applicable law and jurisdiction

The present general conditions are subject to the application of French law and to the jurisdiction of French courts. The language of the contract is French.

In the event of a dispute with a professional client, exclusive jurisdiction is attributed to the courts of Cherbourg En Cotentin.

23. Amicable settlement of disputes

Except for public order provisions, any disputes that may arise in the context of the execution of the present general conditions may, before any legal action, be submitted to the site editor's assessment with a view to an amicable settlement. It is expressly reminded that requests for amicable settlement do not suspend the time limits open for taking legal action.

24. Severability

If one of the clauses of the present general terms and conditions were to be declared null and void by a court decision, this nullity would not entail the nullity of all the other clauses, which would continue to produce their effect.

25. Non-waiver

The fact, for the publisher, of not taking advantage on a temporary or permanent basis of one or more clauses of the present general conditions, will in no case entail a renunciation of the right to take advantage of the rest of the general conditions.