Terms of useLast modified: April 20th, 2022 The company MAILO - SAS with a capital of 75,000 euros - RCS No. 851585547 (e-mail: contact@mailo.com) (hereinafter referred as "Publisher") publishes the electronic service Mailo on the primary website www.mailo.com. Any user (hereinafter "User") wishing to benefit from the services offered by Mailo shall, after reviewing the terms of these conditions of use of Mailo services (hereinafter "Terms of Use"), accept by validating the registration form. These Terms of Use are intended to define the rights and obligations of the User of Mailo services (the "Services"), as of the Publisher. 1. Services descriptionThe Publisher provides Users with a choice of interactive services, free and paying (hereinafter "Services", including e-mail boxes, online document storage space, address books, calendars, SMS, the purchase of Internet domain names and web hosting. The services described below are the main services offered by Mailo and are not exhaustive. 1.1. Mailo accountA Mailo account (hereinafter "Account") is required to access the Services. 1.1.1. Right of accessEach User is the owner of the Account allowing him to access Services. The User declares to be at least 16 years old. Under 16s can ask a parent to create a secure Mailo Junior account or a normal Mailo account. The right granted to the User in connection with the registration to the Services is personal and non-transferable. 1.1.2. Account creationDuring the registration, the User selects the identifiers that will allow him to identify himself to access Mailo services. 1.1.3. Secure Children accountsChildren can ask a parent to create a secure Mailo, called "Mailo Junior" account. This will be supervised by the parent as part of the Mailo Family service described in section 1.6.2. Parents wishing to allow their children access to the Services must help them set up their account, monitor their access to the Services and determine, as legal representatives, the Services and content they deem appropriate for them. By allowing their child to access the Services, parents acknowledge and agree that these Services may include electronic messaging, community and social networking services. 1.1.4. Account termination1.1.4.1. Finality of any terminationAny termination of an account triggers its deletion as well as the removal its content and, if applicable, the associated Mailo e-mail address and aliases attached to it. It is therefore strongly advised that Users regularly back up their user data on a separate support. 1.1.4.2. Termination by UserThe User can close his/her account if he/she wants. All data is then deleted permanently. 1.1.4.3. Termination based on inactivityIn case of non-connection (via the web or a synchronization protocol) to a free account for more than one year (365 days), the latter will be deleted. 1.1.4.4. Termination by violation of the Terms of UseThe Publisher reserves the right, without formalities and in its full right, to terminate the agreement to use the Services and destroy the User's Account without compensation, for violation of any provision of these Terms of Use. 1.1.4.5. Termination following a deathIn the event of death, and upon production of the following supporting documents, the Account may be deactivated: original of the Account holder's death certificate, identification data of the Account holder, copy of the identity card of the person making the account the request and attestation of the link with the Account Holder allowing him to carry out such an approach. 1.2. E-mail serviceThe e-mail service allows the User to send and receive e-mail over the Internet, using the e-mail address, which is dedicated to him. The User has a mailbox in which he/she can keep the messages received, sent and draft messages. 1.2.1. Mailbox storage capacityThe mailbox has a maximum size of 1 GB that can be increased to 20 GB or more, up to 500 GB, by subscribing to a paid pack. When the maximum size of the mailbox is reached, it is no longer possible to store messages and new e-mails are rejected. In this case, the sender receives a notification of non-receipt. To avoid this situation, it is the responsibility of the User to increase the maximum capacity and/or to regularly delete messages and attachments received. The Publisher cannot be held responsible for the consequences due to the saturation of a mailbox. 1.2.2. E-mail atachments and link filesWhen sending an e-mail, the maximum total size of e-mail attachments is limited to 25 MB. This limit can be increased to 50MB by subscribing to a paid pack. 1.2.3. Sending registered e-mailsThe User can send a recommended e-mail. The message is then stored in its mailbox and a notification message, containing a link to access the message, is sent to the recipient(s). 1.3. Address bookThe address book service allows the User to keep his/her contacts on Mailo: name, e-mail adresses, phone numbers, mail addresses, a picture and many other pieces of information. 1.4. CalendarThe calendar service allows the User to manage his/her schedule in a calendar kept on Mailo and accessible from anywhere on the Internet. The User can store events, tasks or simple reminders with his/her Mailo account. 1.5. Documents storageThe virtual disk service allows the User to store on Mailo all types of documents. They are therefore accessible from anywhere on the Internet. It is possible to store in the virtual disk attachments received by e-mail or documents from a computer hard drive. 1.6. Mailo spacesEach User can freely create one or several Mailo Family, Mailo Pro or Mailo Edu spaces, of which he/she is then automatically administrator. He/she has the possibility of appointing other administrators. The Mailo spaces offer various services, among which the main ones are described thereafter: 1.6.1. Creating accountsThe administrator of a Mailo space (hereinafter referred as "Administrator") can create as many accounts as he/she wishes for members of his/her family or organization. He/she also can connect existing accounts. In some configurations, the Administrator may be able to access the accounts (including their aliases and passwords) of the Users thus created and/or delete them. 1.6.2. Creating secure children accountsThe Administrator of a Mailo Family space can create as many secure Children accounts as it wishes. These accounts are named "Mailo Junior accounts". 1.6.3. ChatUsers who are members of the same Mailo space can use an instant messaging service, called "Chat", and chat with each other live. To enable the use of the service, the Publisher allows to share the User's connection status (offline or online) with his/her contacts. 1.6.4. Web hostingThe Administrator may create and host one or more websites on Mailo. 2. Offers2.1. Free Mailo Free offerMailo provides the Mailo Free offer, which allows the User de use the Services for free. Banner ads are necessary for the Publisher to make the service free for its users. 2.2. Mailo Premium offer and paid packs2.2.1. Mailo PremiumA Premium version of the Services, named Mailo Premium, is proposed by Mailo to the Users who subscribe one of the packs described in paragraph 2.2.2. Mailo Premium allows to benefit from numerous advantages: 2.2.2. Paid packsPremium Pack Renewal and modification of the packs 2.2.3. Sending SMSUsers can buy SMS credits. 2.2.4. Purchasing a domain nameThe User who created a Mailo space may purchase a domain name. 2.3. PaymentTo subscribe to a paid pack, the User has the choice either to pay online by credit card or via a PayPal account, or to call a surcharged telephone number. 2.3.1. Payment by credit card or PayPalWhatever his/her country of residence, the User can subscribe to a pack by paying by credit card or PayPal account via the secure solution Verifone/Paybox (www.paybox.com). To do so, the User is redirected to the Verifone/Paybox site where he/she must follow the instructions provided online and take notice, if any, of the special conditions applicable to this method of payment. 2.3.2. Payment by surcharged phone callThe User may use the surcharged phone call payment solution (hereinafter "Surcharged Call") to purchase or renew a Premium Pack for a period of 2 months. The amounts due for Surcharged Calls are billed and collected by the User's telephone company. The User is invited to refer to the conditions applicable to surcharged communications defined by his/her telecommunication operator. This payment solution is offered by the Publisher in collaboration with its partner Mobiyo (www.mobiyo.com). 2.4. WithdrawalWhen the User is considered as a "consumer" within the meaning of the French Consumer Code, he/she acknowledges and accepts that the Publisher fully executes the delivery of the Service as soon as a pack is purchased. The User declares that he/she understands and accepts that this full execution may begin before the expiry of the withdrawal period. Within this context, he/she expressly waives his/her withdrawal right, in compliance with the L221-28 article of the French Consumer Code. 2.5. Scalability of the cost of servicesThe Publisher reserves the right to change the pricing levels for the paid packs. These changes may occur without notice or compensation from the Publisher. If the Service offer to which the User has subscribed is subject to a fixed period and price, the price will remain in effect during this period. The User must accept the new offer and the new price when extending his/her paid pack(s). 3. Privacy and personal dataThe Publisher undertakes to respect and protect User's privacy and personal data according to the rules set out in the Mailo Privacy Rules. These rules, which the User is invited to consult, are an integral part of these Terms of Use. 4. SecurityThe Publisher implements all the technical means at his/her disposal to ensure the security of the technical platform and the preservation of data. These means include limitations to prevent or prevent misuse of the Services. 4.1. Protection tools availableThe Publisher provides the User with an antivirus and antispam to secure his/her mailbox. These tools allow him to identify malicious e-mails, spyware and spam. They are activated by default and configurable. 4.2. Services restrictionsTo ensure the security of the Services, the Publisher puts in place a series of permanent or temporary restrictions. 4.2.1. Sensitive attachmentsSome attachments (extensions: .bat, .com, .prf, .pif, .scr, .vbs, .vbm) are frequently used by virus to spread. As a security measure to prevent the spread of unidentified viruses, these types of attachments are prohibited from being sent or received within the Mailo Services. 4.2.2. Account creation restrictionThe accounts must be created manually by the User. It is strictly forbidden to automate account creation. 4.2.3. IP address blockingIt is forbidden to try to get into the account of another user, regardless of the method used. 4.2.4. Hacked accountsIt is possible that a hacker attacks the account of a User. This may occur in
particular: 5. User behaviourThe User agrees to respect the following rules. Otherwise, the Publisher reserves the right to take all appropriate measures, including blocking and closing the account, in order to terminate the User's activity. If necessary, the Publisher may file a complaint against the User who violates these rules. 5.1. Identity theftIt is prohibited to create an account attempting to impersonate another person or entity. It is prohibited to create an account whose name notoriously refers to a third party without authorization from this party. An account violating either of these rules will be systematically removed. 5.2. Loss or theft of IdentifiersThe User ensures the privacy of its Identifiers. Any loss, misuse or unauthorized use of the Identifiers and their consequences, are the responsibility of the user. In all cases mentioned above, the User agrees to immediately notify the Publisher by e-mail confirmed by registered mail so that the Publisher can immediately suspend access to services from these Identifiers. 5.3. Legitimate use of the ServicesThe User agrees to use the Services legitimately. The Publisher will block without notice the Account of any user who has broken one or more of the following
rules. 5.4. Site WebThe User is responsible for the content of the website that is online at Mailo. 6. Warranties and Disclaimers6.1. Limitations of the InternetThe User declares to be aware of Internet characteristics and limitations described below and recognizes: 6.2. Deleted dataAll data are deleted permanently and cannot be recovered. This is particularly valid for e-mail, virtual disk, adresse book and calendar. 6.3. Services availabilityThe Services are available round the clock, 7 days out of 7, 365 days a year. 6.3.1. Complement applicable to the Pro packsThese terms are exclusively valid for the Pro packs; they complement the previous section 6.3. The Publisher will have to acknowledge by e-mail each request sent by the Use to hotlinepro@mailo.com within the following deadlines: Starting from this acknowledgement, the help requests as well as the questions asked to the Customer support will be dealt with in the following conditions: 6.4. Services scalabilityThe Publisher reserves the right to change its Services, to modify various aspects or delete them without restriction. These changes may occur without notice from the Publisher. 6.5. Mailo Property rightsThe Publisher holds or represents holders of intellectual property rights of the software used by the Services under the provisions of the Code of Intellectual Property. 6.6. Warranties and compensationThe User agrees to indemnify and hold the Publisher against all claims, direct, indirect and/or immaterial damages caused to third parties due to access and/or use of the Services. This warranty covers any benefits paid to claimants as well as reasonable attorney fees. The User is solely responsible and will reimburse the Publisher for direct or indirect, material or immaterial damage caused to the Publisher by the illegal use or not of its Services. 7. About the terms of useThe version of the Terms of Use which prevails is the one that appears online on the Mailo website. The contract is concluded for an indefinite period. 7.1. Updating the Terms of UseThe Publisher regularly updates these Terms of Use to consider legal developments, regulatory and case law developments as well as changes relating to the Services. 7.2. ClaimAny claim and/or appeal of the User against the Publisher must be made by the User no later than 48 hours from the relevant event, subject to revocation. 7.3. DissociationIf any provision of these Terms of Use or the application of such provision to the User or to the Publisher was considered by a Court of competent jurisdiction to be contrary to applicable law, the remaining provisions of these Terms and Use remain in effect and will be interpreted to give effect to the intention of the parties as expressed in the beginning. It is agreed that if any provision of these Terms of Use is deemed invalid, the remaining provisions shall remain in full force and effect. 7.4. NotificationsAny notification made based on these Terms of Use shall be in writing and sent to the Publisher's address. Users take care to keep all proof of delivery. These notifications shall take effect on the first business day following receipt by the Publisher of the notification, unless technically impossible. 7.5. DisposalThe Publisher reserves the right to give-away or to sub-contract without notice all or some of the obligations of this contract. 7.6. Applicable lawThis contract, of which only the French version is authentic, is governed by French law. Any dispute concerning the validity, interpretation or execution of these Terms of Use will, after failure of any conciliation, be submitted to the competent courts. |