Last modified: December 10th, 2020
The company MAILO - SAS with a capital of 75,000 euros - RCS No. 851585547 (e-mail: firstname.lastname@example.org) (hereinafter referred as "Publisher") publishes the electronic service Mailo on the primary website www.mailo.com.
1. Services description
The 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 account
A Mailo account (hereinafter "Account") is required to access the Services.
1.1.1. Right of access
Each 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 creation
During the registration, the User selects the identifiers that will allow him to identify himself to access Mailo services.
1.1.3. Secure Children accounts
Children 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 termination
22.214.171.124. Finality of any termination
Any 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.
126.96.36.199. Termination by User
The User can close his/her account if he/she wants. All data is then deleted permanently.
188.8.131.52. Termination based on inactivity
In 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.
184.108.40.206. Termination following a death
In 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 service
The Mailo 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 capacity
The 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 files
When 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-mails
The 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 book
The 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.
The 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 storage
The 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 Family
Each 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 Family, Mailo Pro or Mailo Edu spaces offer various services, among which the main ones are described thereafter:
1.6.1. Creating accounts
The administrator of a Mailo Family, Mailo Pro or Mailo Edu space (hereinafter referred as "Administrator") can create as many Mailo 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 accounts
The Administrator of a Mailo Family space can create as many secure Children accounts as it wishes. These accounts are named "Mailo Junior accounts".
Users who are members of the same Mailo Family, Mailo Pro or Mailo Edu 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 hosting
The Administrator may create and host one or more websites on Mailo.
2.1. Free Mailo Free offer
Mailo 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 packs
2.2.1. Mailo Premium
A Premium version of the Services, named Mailo Premium, is proposed by Mailo to the Users who subscribe one of the packs described below. Mailo Premium allows to benefit from numerous advantages:
2.2.2. Paid packs
Renewal and modification of the packs
2.2.3. Sending SMS
Users can buy SMS credits.
2.2.4. Purchasing a domain name
The User who created a Mailo space may purchase a domain name.
To 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 PayPal
Whatever 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 e-commerce - Paybox (www.paybox.com). To do so, the User is redirected to the 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 call
The 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 Rentabiliweb (www.rentabiliweb.com).
When 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 Mailo 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 services
The Publisher reserves the right to change the pricing levels for Mailo's 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 data
The 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 available
The 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 restrictions
To ensure the security of the Services, the Publisher puts in place a series of permanent or temporary restrictions.
4.2.1. Sensitive attachments
Some 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 restriction
The accounts must be created manually by the User. It is strictly forbidden to automate account creation.
4.2.3. IP address blocking
It is forbidden to try to get into the Mailo account of another user, regardless of the method used.
4.2.4. Hacked accounts
It is possible that a hacker attacks the account of a User. This may occur in
5. User behaviour
The 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 theft
It 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 Identifiers
The 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 Services
The 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
5.4. Site Web
The User is responsible for the content of the website that is online at Mailo.
6. Warranties and Disclaimers
6.1. Limitations of the Internet
The User declares to be aware of Internet characteristics and limitations described below and recognizes:
6.2. Deleted data
All data are deleted permanently and cannot be recovered. This is particularly valid for e-mail, virtual disk, adresse book and calendar.
6.3. Services availability
The Services are available round the clock, 7 days out of 7, 365 days a year.
6.4. Services scalability
The 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 rights
The 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 compensation
The 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 even in the case of unlawful use of its identifiers. 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 through their Identifiers.
Any 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.
The 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 law