1. Preliminary mentions

Legal Notice

This website is published by the company Ecomail, a SAS with a capital of 10,000 EUR, registered with the Brive trade and companies register under number B 849397393, and whose registered office (Administration) is 112 route de Rozac, 19120 Sioniac.
The editor can be reached by telephone at 09.72.32.49.09 or by email at the following address: [email protected]

Intracommunity VAT number: FR57849397393

The site is hosted by Ecomail SAS via the company Scaleway.

The publishing director and responsible for writing this site is Mr. Herbert Nathan.

Illustration credit: Irina Strelnikova

Object

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

Acceptance of general conditions

The order on this website implies the acceptance, by the user, of all the present general conditions. The user acknowledges that he/she has fully read them and renounces his/her own conditions. This acceptance will consist of having checked the box I have read and agree to the terms of service, the box I have read and agree to our privacy policy and the box I am over 13 years old.

The act of clicking on the account creation button will be deemed to have the same value as a handwritten signature. The user acknowledges the probative value of the automatic recording systems of the publisher of this website and, unless he/she provides evidence to the contrary, he/she waives the right to challenge them in the event of a dispute.

Acceptance of these general conditions requires that internet users have the legal capacity to do so, or that they have the authorization of a guardian or curator if they are incapable, of their legal representative if they are minors, or that they are holders of a mandate if they are acting on behalf of a legal entity.

2. Definitions

"Site": Website accessible at the URL https://www.ecomail.eco,
"Editor": Ecomail SAS in its capacity as publisher of the Site,
"Internet user": Any person, natural or legal, under private or public law, connecting to the Site,
"User": Any person, natural or legal, under private or public law, using the services of the Site,
"Customer": Any person, natural or legal, under private or public law, who has made a purchase on the Site,
"Content": Any document, information or data sent through the site interfaces by a user whatever the format (PDF, JPG, MP3, AVI, TXT etc.).
Services: Refers to the hosting of email addresses.

3. Preamble

As part of the use of the services offered on the Site, users undertake without any limit or reservation to:
- use the services provided by the publisher reasonably,
- not interfere with the peaceful enjoyment of the service by other users,
- not use the services provided for illegal purposes,
- respect the rights of third parties,
- comply with all legislative or regulatory provisions in force, and in particular legislation relating to intellectual property rights and the protection of personal data,
- not send or share, through any of the interfaces made available by the publisher, racist, pedophilic content or content contrary to public order or good morals or in contravention of a legislative or regulatory provision in force.
- not to make, through any of the interfaces made available by the publisher, racist, paedophilic, misleading, defamatory, denigrating, threatening, insulting or contrary to public order or good morals or contravention of a legislative or regulatory provision in force.
- do not host pornographic or illegal content through your email or online disk space.

In addition, professional users agree to be in perfect compliance with all registrations and procedures to which they are required as professionals.

In any event, users remain responsible for the data contained in their personal account or exchanged in the context of using the services. They remain responsible for their actions committed in the context of using this service and are liable to the competent courts.

Any breach of these terms and conditions that has caused damage or constitutes a violation of regulatory or statutory provisions may be pursued directly against the user and the administrator, who thereby release the service provider from any liability in this matter.

4. Services

The publisher offers internet users to subscribe to an email hosting service. The service is described in detail on the website www.ecomail.eco and briefly below:

Email hosting: providing a linked email address that allows for sending and receiving emails. Mass mailings (more than 50 recipients per mailing) are not possible through the service.

Online disk space hosting: provision of a disk space that allows for storing files and images. Files and images are stored privately and the user must have all the necessary rights to store them.

5. Subscription terms for services

In order to subscribe to one of the services offered on this website, the user can choose the unique email hosting offer for a fixed term of 12 months.

The user can register for a free trial of the service for 30 days. After that period, they can renew their service for a period of 12 months through their customer account. The price is 12 EUR per year for a standard subscription, and from 36 EURO per year for a professional hosting plan. When they click the Renew button, they will be redirected to a summary page that will also indicate whether or not they have the right to withdraw from the contract, as well as the deadlines for doing so.

The member will be invited to review or modify their billing information, then will be invited to make their payment by being redirected to the secure payment interface.

Once the payment is actually received by the website publisher, the publisher undertakes to acknowledge receipt to the customer electronically within a reasonable time.
Similarly, within the same deadlines, the publisher undertakes to send the customer an email summarizing their subscription and confirming its processing, also including all information relating to the services subscribed to, their execution, and the terms and conditions for exercising their right of withdrawal.

30 days before the subscription expires, the customer will receive an email informing them of the expiration. The email will be sent multiple times before the subscription expires. In the event that the subscription is not renewed, it will be suspended, and access to the customer's email inbox will be interrupted. If, after 90 days, the customer has not renewed their subscription, the email inbox and all the data it contains (emails, online storage, documents) will be deleted from Ecomail servers. There will be no technical means to reactivate the deleted email inbox at that point.

6. Price

The prices indicated on the site are in Euros, all taxes included. These prices may be modified at any time by the publisher, the prices displayed are valid only on the day of subscription and do not apply for the future. The prices are firm, without any discounts, rebates, or reductions.

7. Payment

Users can place an order on the user interface (https://mail.ecomail.earth/) and pay by credit card, IBAN direct debit, PayPal, or check. Payment for the order is made after the subscription and trial period.

Credit card payments are made through secure transactions provided by Cr�dit Coop�ratif. In the event of a credit card payment, the publisher of this site does not have access to any data related to the user's payment methods. The payment is made directly to the bank.

8. Service delivery

The services will be made available within a period of (1) one to (24) twenty-four hours from the subscription and the perfect collection of the sums corresponding to the order.

However, certain services may justify a longer delivery time. This will be explicitly mentioned to the consumer when they validate their order.

In the event of a breach of the terms of service, the customer acknowledges that they are fully informed that the publisher may suspend access to the email service and the publication of the customer's data, without prior notice or compensation.

9. Early termination of the subscription

Early termination of the contract may be requested at any time by the customer or the publisher, without the need to provide any reason, provided a 60-day notice is given. It is understood that neither party can claim any compensation or refund of the amounts paid; the full price of the order remains payable.

The termination of the contract will result, at the expiration of the period defined in this article, in the permanent closure of the customer's account and the deletion of all hosted content, if applicable. Therefore, it is the customer's responsibility to make all necessary backups before the account is closed.

The publisher, for its part, reserves the exclusive right to delete the account of any customer who has violated these general terms and conditions, including, but not limited to, when the member has used the services to disseminate racist content or when they have seriously disrespected the publisher's staff (insulting or threatening language, etc.). This deletion will not be considered a detriment to the excluded customer, who will not be entitled to any compensation or refund as a result.

10. Consumer protection provisions

Customer service

The publisher's customer service is accessible as follows:
- By phone from Monday to Friday from 8:00 AM to 5:00 PM at the following number: +33.9.72.32.49.09,
- By email at the following address: [email protected],
- Or by postal mail at the following address: Ecomail SAS, 112 route de Rozac, 19120 Sioniac.

In the last two cases, the publisher will make every effort to provide a response within a period of ten working days.

Right to retract

In accordance with the applicable legislation, 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, they must contact the publisher's customer service.

Users are hereby informed that the right of withdrawal may no longer be exercised once the service has begun.

11. Warranty & Support

The publisher commits to maintaining optimal availability of the services and to intervene in the event of server failure or server software issues. The publisher also undertakes to provide assistance to the customer for any questions or incidents related to the subscribed service.

As part of its availability guarantee, the publisher guarantees the customer an intervention within eight hours from the identification of the incident (GTI) and a restoration of the service within a maximum period of seventy-two hours from the incident being taken over (GTR). In the event of failure to meet the aforementioned deadlines, the customer can use this deficiency as a basis to request a credit on their next invoice, calculated on a pro-rata basis for the downtime.

As part of the support service, the publisher will be available by phone (09.72.32.49.09) and email ([email protected]) from Monday to Friday, between 8:00 AM and 5:00 PM.

The services covered by the support service do not include questions and services that are found not to be directly related to the subscribed service, malfunctions caused by improper use of the services, or malfunctions caused by the user's or their service providers' software, systems, and hardware.

12. Personal space

Creation of the personal space

The creation of a personal space is a necessary prerequisite for any internet user subscribing to a service offered on this website. To this end, the internet user will be asked to provide a certain amount of personal information about themselves. The internet user commits to providing accurate information, under penalty of contract resolution and deletion of the customer account. Some information is essential for the creation of the personal space and the conclusion of the contract. The refusal of an internet user to provide such information will result in the inability to create the personal space and, consequently, the conclusion of the contract.

Functioning

This space allows the customer to view all of their subscriptions to services made on the site, use the subscribed services, and access technical support.

The publisher reserves the exclusive right to delete the account of any customer who has violated these general terms and conditions (including but not limited to, when the customer has knowingly provided false information during registration and the creation of their personal space) or any account that has been inactive for at least one year. This deletion will not be considered a detriment to the excluded member, who will not be entitled to any compensation as a result.

This exclusion does not prevent the publisher from taking legal action against the member, if the facts justify it.

Password

When creating the personal space, the user is prompted to choose a password. This password ensures the confidentiality of the information contained in the ��My Personal Information�� section, and the user therefore refrains from transmitting 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 checking the box provided for this purpose, the member agrees that the publisher may send them, at a frequency and in a format determined by the publisher, a newsletter (information letter) that may contain information related to its activity. When the member checks the box provided for this purpose, they agree to receive commercial offers from the publisher of this site for products and services similar to those ordered.

Subscribed members will have the option to unsubscribe from the newsletter by clicking on the link provided for this purpose, found in each of the newsletters (information letters).

14. Informations relating to the French Data Protection Act of January 6, 1978

Generalities - purpose - duration

Internet users have the freedom to provide personal information about themselves. Providing personal information is not essential for navigating the site. However, registering on this site requires the publisher to collect a number of personal details about the users. Those 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 collected data is necessary for the proper administration of the services offered on this site as well as for the publisher to fulfill its contractual obligations. This data is retained by the publisher solely in this capacity, and the publisher commits to not using them in another context, nor to transmitting them to third parties, except with the express agreement of the users or as provided by law.

Right to access, rectify, and object

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

In accordance with this act, they have the right to object, inquire, access, and rectify the data they have provided. To do so, they simply need to make a request to the publisher of this site, by sending it to the following email address: [email protected], or by postal mail to the publisher's head office address mentioned at the beginning of these general terms and conditions. Users can also update their data from their member space.
The personal data collected are subject to computer processing and are exclusively reserved for the website publisher.
The data processing manager is Mr. Herbert Nathan.
The collected personal data are not transferred abroad.

Cnil declarant number: 2163384 v 0

IP adress

Furthermore, the publisher reserves the right to collect the public IP (Internet Protocol) address of all internet users. It will be kept for the same duration as the personal information and is intended solely to ensure the proper administration of the services offered on this site and to verify the non-use of a proxy connection. The IP address is a series of numbers separated by dots that uniquely identify a computer on the Internet network.

The publisher must disclose all personal data related to an internet user to the Police (upon judicial request) or to any person (by order of the judge). The IP address of any computer can be cross-referenced with the actual identity of the subscriber held by the ISP (Internet Service Provider).

16. Exclusion of liability of the publisher in the context of the execution of this contract

In the event of inability to access the site due to technical problems or any issues not attributable to the publisher, the client cannot claim damages and will not be entitled to any compensation.

The publisher has a general obligation of means and thus commits to making all efforts to achieve the expected results.

The publisher can in no way be held responsible for the non-execution or poor execution of the contract that can be directly or indirectly attributed to the client's actions (error, omission, negligence, etc.) or to a case of force majeure, as defined by French law jurisdictions (natural disasters, floods, inclement weather, etc.).

Beyond a period of unavailability exceeding one uninterrupted hour or beyond 24 non-consecutive hours of unavailability within a month, attributable to the publisher, clients can cite this deficiency to request an extension of their subscription term, proportional to this unavailability period. The calculation of the unavailability hours of the services offered by the publisher will be made per calendar month and full hour. This clause is not intended to apply if the unavailability is due to maintenance or updating operations duly notified by the publisher.

The publisher commits to performing a daily backup of all the user's data, understanding that this backup does not in any way exempt the user from making their own backups on unalterable media (CD, etc.). The daily backup will allow the client to retrieve data that has been deleted, overwritten, or corrupted within less than two days. Beyond this period, the data will be permanently deleted and thus become irretrievable.

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

The client will be fully and unreservedly responsible for the content they have uploaded and shared; the originality, authenticity, and the nature of the rights pertaining to said content will not be subject to any control by the publisher, who will in no case be liable in this regard. The publisher will not be held accountable for any claims from third parties concerning the content hosted on behalf of the client.

The client acknowledges, therefore, that they alone and without reservation are responsible for all actions taken against the publisher due to the storage or distribution of content through the services offered on this site; in such a case, the publisher reserves the right to call any client to indemnify.

The publisher disclaims any responsibility regarding the reservation of a domain name that the client would have asked them to handle. The client acknowledges in this regard that they are fully aware that, if they fail to renew the domain name annually, it will become public and may be reserved by a third party.

The publisher's role is limited to providing a technical service for the client. They do not guarantee in any way that this service will result in an increase in the client's revenue or website traffic. Similarly, the publisher cannot be held responsible for any potential loss of revenue or profits, loss of customers, or any other damage suffered by the user as a result of using the services.

In the event of a breach attributable to the publisher in the execution of this contract, their liability will be limited to direct material damages caused to the client, excluding any immaterial or indirect damages such as operational losses, loss of profits, missed opportunities, commercial damage, or loss of earnings.

Moreover, the professional client acknowledges that, in any event, the publisher's liability will be limited to an amount capped at the payments made by the client in exchange for the service, for the current calendar year.

In accordance with Article 6-I-2 of the Law on Confidence in the Digital Economy of June 21, 2004, the publisher cannot be held liable for information stored at the request of a member if they did not have actual knowledge of illegal activity or information, or if, upon gaining knowledge of it, they promptly acted to remove this information or make it inaccessible.

The publisher remains available to anyone wishing to report content that violates these general terms or any current legislative or regulatory provision.

The hyperlinks on this site may lead to other websites. The publisher cannot be held responsible if the content of these sites violates current laws or if a visit to one of these sites causes harm to the user.

17. Confidentiality

The publisher commits to maintaining the utmost discretion and ensuring the confidentiality of the data hosted on behalf of the client.
The complete privacy policy is available at this page.

18. Unassignability of the contract

This agreement may not be transferred by the client during its term. The publisher may assign this agreement as long as the client's rights are preserved.

19. The intellectual property rights relating to the elements published on this site

All elements of this site belong to the publisher and are therefore protected by intellectual property laws.

Members acknowledge that, without permission, any full or partial copying and any distribution or use of one or more of these elements, even if modified, may result in legal action against them by the publisher or its rights holders.

This protection will cover all textual and graphic content of the site, as well as its structure, name, and graphic design.

20. Modification of the general terms and conditions

The current general terms and conditions can be modified at any time by the site's publisher or its representative. The general terms and conditions applicable to the user are those in effect on the day of their order. The publisher, of course, commits to keeping all its previous general terms and conditions and to provide them to any user who requests them.

21. Applicable law and competent jurisdictions

The current general terms and conditions are subject to the application of French law and the jurisdiction of French courts. The contract language is English.
In the event of a dispute with a client, exclusive jurisdiction is granted to the courts of Brive la Gaillarde.

22. Amicable dispute resolution

Unless otherwise mandated by public order, any disputes that may arise in the execution of these general terms and conditions may, before any legal action, be submitted to the discretion of the site's publisher for an amicable resolution. It is expressly noted that requests for amicable resolution do not suspend the time limits to initiate legal proceedings.

23. Divisibility

If any clause of these general terms and conditions were to be declared void by a court decision, this nullity would not carry the voiding of all other clauses, which would continue to have their effect.

24. Non-waiver

The fact that the publisher does not temporarily or permanently assert one or more clauses of these general terms and conditions shall in no way constitute a waiver of the remaining terms and conditions.