Terms of use

Last 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 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.
The identifiers consist of:
- an e-mail address provided by Mailo or a valid external e-mail address,
- a password, which can be modified by the User at a later stage.
Each User can freely create one or more Accounts.
Access to Services is subject to the entry of the accurate User Identifiers.

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

1.1.4.1. 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.
Still active packs and unused pre-paid services at the time of termination are lost and will under no circumstances be reimbursed by the Publisher. The User gives explicitly up engaging the responsibility of the Publisher in case of termination of his/her account.

1.1.4.2. Termination by User

The User can close his/her account if he/she wants. All data is then deleted permanently.
Subject to availability, an account deleted by the User can be recreated by himself or by another User, but without the possibility of recovery of the previous content.

1.1.4.3. 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.
However, no Premium account or formerly Premium account will be deleted.
Subject to availability, an account deleted because of inactivity can be recreated by the User but without possibility of recovery of the previous content.

1.1.4.4. Termination by violation of the Terms of Use

The 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 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.
The Account's content may be transmitted to an entitled person as defined by Article 734 of the French Civil Code, at his request, on production of his identity document and one of the following acts to establish his status as entitled: a certificate of heredity, a notarial act of notoriety or a court decision. The Publisher reserves the right to ask for any other document useful for the verification of the quality of the right holder.
The Publisher will proceed to the definitive deletion of the Account once the request for termination or transmission is made in the terms and conditions above.
The Publisher's responsibility can not be retained if, on the day of the claimant's request, the content is no longer accessible due to the inactivity of the Account for more than one year.

1.2. E-mail service

The 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.
The User can use the IMAP4 protocol to synchronize his/her Mailo mailboxes with an e-mail or smartphone software. Sending messages is possible via an SMTP relay using the User credentials. The POP3 protocol is reserved for Premium Users.

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.
However it is possible to send larger files as links: a link is then added to the message, which allows the recipient to download the files. Downloading is available for 30 days. The maximum size of files sent per link is 500 MB and can be expanded to 1GB by subscribing to the Premium version.

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).
The User can at any time consult the registered messages he/she sent and know whether the recipients have read the message and, if so, when. The user can protect each registered message by a password. In this case, the recipient can only read the message if he/she knows the password.
Warning: this password should not be identical to the one chosen by the User as identifier.

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.
Mailo supports different synchronization protocols allowing the User to synchronize the adress book on Mailo with his/her smartphone.

1.4. Calendar

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.
Mailo supports different synchronization protocols allowing the User to synchronize the calendar stored on Mailo with his/her smartphone.

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.
The virtual disk has a maximum size of 500 MB that can be increased by subscribing to a paid pack. When the maximum virtual disk size is reached, it is no longer possible to store new files in the virtual disk.
Users can access documents in the virtual disk on WebDAV or FTP.

1.6. Mailo spaces

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 spaces offer various services, among which the main ones are described thereafter:

1.6.1. Creating accounts

The 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 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".
Mailo Junior accounts can only receive e-mails from senders validated in their address book. Similarly, Mailo Junior accounts can only send e-mails from webmail to validate contacts in their address book. Mailo Junior accounts can add contacts to their address book. In this case, a notification is sent to the contact e-mail address of the Mailo Family space to request validation of the contact.
Two interfaces adapted to the children are available: 6 to 9 years and 10 to 14 years. When the parent User wishes it, the Mailo Junior account can be reconfigured into a standard Mailo account, without child security.

1.6.3. Chat

Users 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 hosting

The Administrator may create and host one or more websites on Mailo.
He/she can create a website from a domain name purchased on Mailo or from an external domain name which he/she owns.
The website supports PHP technology to make dynamic pages. A MySQL database is made available to the User, in which the latter can create tables and records. The user can use any support software for website creation based on PHP. The website can be updated from the web interface or from a FTP interface.

2. Offers

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.
The Publisher entrusts the management of the advertising banners to several advertising agencies, hereinafter named Agencies. The Publisher notifies the Agencies its complete refusal of any aggressive, noisy or adult advertising.
Agencies are likely to have other partner Agencies.

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 in paragraph 2.2.2. Mailo Premium allows to benefit from numerous advantages:
- the capacity of the mailbox becomes 20GB or more
- the capacity of the virtual disk becomes 5GB or more
- a web service without advertising
- access to the POP3 protocol
- automatic transferring of e-mails
- the possibility to create 100 alias for the e-mail address
- the possibility to create e-mail addresses or aliases with reserved domain names
If he/she subscribed once to Mailo Premium through a paid pack, the User owns his/her Mailo e-mail address for life, even if he/she subsequently stops his/her subscription.

2.2.2. Paid packs

Premium Pack
The Premium Pack grants one account with a capacity of 20GB for mail and 5GB for the virtual disk.
Premium+ Packs
Premium+ Packs grant one account with a capacity of 50GB to 500GB, mutualized between mail and virtual disk.
Family Pack
The Family Pack grants 5 accounts with a capacity of 20GB for mail and 5GB for the virtual disk. These 5 accounts must belong to the same Mailo space, managed by the User.
Pro Packs
The Pro Packs grant several (up to 2000) accounts with a mutualized Mail&Cloud capacity which is shared between all the accounts. These accounts must belong to the same Mailo space, managed by the User.

Renewal and modification of the packs
When a User's Premium Pack expires, the User is notified by e-mail of the need to extend the Pack to continue enjoying his/her benefits.
The User who have subscribed to the Premium Pack can turn it into Cloud Pack when desired. In this case, the pack's due date will be automatically adjusted, based on the respective prices of the old and the new pack.
If the capacity of a Pro Pack is exceeded, the pack is automatically changed for a larger one, which leads to an adjustment of the due date.
In case of non-renewal of the Premium Pack, the User continues nevertheless to enjoy the benefits of the pack for several days. After this time, the benefits will be waived for the User, especially the capacity of the box will be reduced to 1GB. However, in this case, the free Mailo Free service will remain available in its entirety. In addition, the User's e-mail address will be kept for life.

2.2.3. Sending SMS

Users can buy SMS credits.
These SMS credits can be used:
- to send SMS to mobile phones from Mailo;
- to receive on his/her mobile phones e-mail, events or tasks notifications.

2.2.4. Purchasing a domain name

The User who created a Mailo space may purchase a domain name.
The purchased domain name may be a new domain name, or an existing domain name transferred from another registrar.
The purchase of a domain name allows:
- to create personalized e-mail addresses from the domain,
- to create one or more websites with the domain,
- to manage the DNS for that domain name.

2.3. Payment

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.
Any claim relating to the payment transactions referred to in this paragraph shall be sent to contact@mailo.com or to the postal address referred at the introduction of these Terms of Use. The User may also contact the Publisher on the Mailo website (www.mailo.com), under Contact us.

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/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 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 Mobiyo (www.mobiyo.com).

2.4. Withdrawal

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 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.
Consequently, the cost to the User generated by accessing the paying services will not be reimbursed by the Publisher.

2.5. Scalability of the cost of services

The 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 data

The 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.
They aim to inform the User in detail about the nature and the processing of personal information that the Publisher is led to handle. In particular, they explain to the User how he/she can access his/her data, update it, download it and delete it.
All transactions on personal data are carried out in compliance with the regulations in force in France, including Law No. 78-17 "Informatique et Libertés" of January 6, 1978, modified in compliance with the European Data Protection Regulation (GDPR), effective since May 25, 2018. Exchanges are subject to the secrecy of correspondence, as defined in Articles 226-15 and 432-9 of the French Penal Code and Article L 33-1 of the French Post and Electronic Communications Code.

4. Security

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.
Accordingly, any e-mail, incoming or outgoing, with an attachment in one of these formats will not be delivered to the recipient. A message notifying the sending failure will be sent to the User or to those who try to send him such attachments.
The Publisher shall not incur any liability for non-delivery of a message containing the aforementioned attachments.
If the User wishes to send these types of attachments for legitimate reasons, he/she can either:
- compress the file (in the following formats: .zip, .rar, .ace)
- rename the file extension (e.g. rename .bat in .ba1) and tell the recipient to restore the file name at reception.

4.2.2. Account creation restriction

The accounts must be created manually by the User. It is strictly forbidden to automate account creation.
An IP address automatically creating accounts will be systematically blocked.

4.2.3. IP address blocking

It is forbidden to try to get into the account of another user, regardless of the method used.
Any IP address that made fraudulent attempts to hack an account will be automatically blocked.

4.2.4. Hacked accounts

It is possible that a hacker attacks the account of a User. This may occur in particular:
- if the User uses the same password on multiple websites, including some with low reputation;
- if the User's computer is infected with a virus or malware;
- if the User has provided his/her password in response to an ill-intentioned message;
- if the password was too easy to guess.
In this case, it is likely that the hacker will use the account to send spam messages on the Internet.
Therefore, the Publisher reserves the right to temporarily block the transmission of messages from that account until the rightful owner has taken possession of his/her account and has changed the password.

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 rules.
It is forbidden to use the Services for:
- send spam e-mails;
- send e-mails in order to misuse the recipient;
- send mass e-mails by specifying in the message a different contact address from that used to send them;
- create multiple accounts in order to spread through them mass e-mails;
- use the service as a relay to send e-mails automatically;
- register repeatedly with several different IDs or aliases, to one or more external services that require an e-mail address;
- use the service exclusively to register to third-party services that require an e-mail address;
- transmit any computer virus, code, files or malware;
- harass in any way one or more Users;
- harass in any way the holder of an e-mail address on the Internet;
- compromise the privacy of others;
- transmit content manifestly contrary to existing French laws and regulations on subjects including but not limited to pedophilia, incitement to racial hatred, denial of crimes against humanity, of call to murder, and pimping;
- post, send or transmit defamatory content;
- upload, post, transmit any content violating the intellectual property rights of third parties;
- put online web pages in order to mislead visitors.

Within the Mailo Free offer, it is forbidden to use the Services to send e-mails for promotional or advertising purposes.
More generally, it is forbidden to violate, intentionally or not, any existing laws and/or regulations. Users agree to comply with all applicable rules in the country where they use the Services and from which they transmit content via the Services. The Publisher reserves the right within a legal framework to prohibit the transmission or reception of messages whose content would not be consistent with ethics and commonly accepted use of online services.
The Publisher reserves the right to block the use of e-mail addresses obviously created for the sole purpose of registration to third-party services.

5.4. Site Web

The User is responsible for the content of the website that is online at Mailo.
The Publisher will block without notice the Account of any user who violates one or more of the rules set out in the previous paragraph and will make the website inaccessible.
The Publisher reserves the legal right to close a website whose content would not be consistent with ethics and commonly accepted use of on-line services.

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:
- that he/she made sure that the Services meet his/her needs;
- that the Internet data transmissions have only a relative technical reliability, as they go through heterogeneous networks with various technical characteristics, which are sometimes saturated at certain times of the day;
- that specific networks and services may depend on individual agreements and be subject to restrictions;
- that the data circulating on the Internet is not protected against possible misappropriation, and thus the communication of passwords, PINs, and more generally, of any sensitive information is performed by the User at his/her risk and peril;
- that he/she is responsible for taking all appropriate measures to protect his/her own data and/or software stored on his/her equipment, from contamination by viruses such as intrusion attempts in his/her computer system by third parties through the Services;
- that the User's equipment connected to the host Services is under his/her full responsibility and that therefore the Publisher is in no way responsible for any damage that may occur to the equipment due to its connection to the Services.
As a result of the above, and in full knowledge of the characteristics of the Services and of the Internet, the User waives the Publisher liability concerning one or more of the facts mentioned above.

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.
The User is informed that POP3 mail clients can, if so configured, delete all messages from their inbox after downloading them locally. The Publisher cannot be held responsible.
As a result of the above, the User hereby expressly disclaims any liability to the Publisher concerning one or more facts or events mentioned above.

6.3. Services availability

The Services are available round the clock, 7 days out of 7, 365 days a year.
The Publisher will endeavor to maintain continuity of Services and subscribes in this respect to an obligation of means. However, the Publisher may interrupt the Services for repair and maintenance of equipment as well as the correction of any defects in the software.
The Publisher undertakes to make available to the User a sufficient network capacity for the normal flow of traffic and to implement all the means at its disposal to best ensure the transport and storage of messages and data by the Services.
The Publisher will not be held liable or deemed to have breached these Terms of Use, for any delay or failure, when the cause of the delay or failure was due to Force Majeure as defined by case law including the unavailability of materials, supplies, spare parts, personal or other equipment and the interruption, suspension, reduction or disruption of electricity and any telecommunications network interruptions. The unavailability of the Services does not give right to compensation.

6.3.1. Complement applicable to the Pro packs

These 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:
- 2 hours after the mail of the User during working hours (from 9am to 6pm)
- the morning of the following work day, before 11am, for mails receives outside of the working hours.

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:
- the Publisher will have to start analysis without delay in order to ensure the resumption of the service with a Guaranteed Restoration Time of 4 hours
- the Publisher will have to send a mail to the User in order to inform them of the restoration of the service, which will close the ticket opened by the User.

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.
The Publisher grants the User a personal, non-exclusive and non-transferable right to use the Service software.
The User agrees not to infringe these intellectual property rights and, in particular, not to do any unauthorized copying, adaptation, modification, transformation, assembly inversion and/or selling or licensing any rights relating to the Service software.

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. 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.
The Publisher accepts no liability for improper use of Services based on these Terms of Use. The responsibility of the Publisher shall not be held in case of loss or disclosure of messages and data transported or stored by the Services. The User is solely responsible for the content and nature of the messages and the data exchanged and stored via the Services.

7. About the terms of use

The 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 Use

The 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. Claim

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.

7.3. Dissociation

If 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. Notifications

Any 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. Disposal

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

This 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.