MailPatch - Bienvenue


	Terms of Use MailPatch is an overall solution to e-mail management. Unlike traditional anti-spam, MailPatch is not a filter. It is a tool based on an identification request sent to those trying to send you e-mails (sender identification). By using MailPatch as an anti-spam solution for one or several e-mail addresses, the User agrees to these Terms of Use. - Definitions Spam is unsolicited or undesired bulk electronic messages sent to a large number of people by unscrupulous characters or companies who have obtained e-mail adresses without the permission of their owners. Spam recipients do not know who the Spammers are. "User" refers to the person using the MailPatch service (both versions). "Customer" specifically refers to the user of the subscription version, MailPatch Plus. "Sender" refers to a contact, known or unknown, of the User. -Registration agreement MailPatch Free Users: To become a MailPatch Free User, the user may sign up for a free. To subscribe, simply fill out the registration form. The User agrees to provide accurate information. Any false or misleading data will stop the registration process. MailPatch reserves the right to refuse a registration if the information provided is, or seems to be inaccurate. MailPatch Plus Users: MailPatch offers a subscription version called MailPatch Plus. The User may choose this version during the registration process. The Customer agrees to provide accurate information during the registration process. Any false or misleading information will stop the registration process. MailPatch reserves the right to refuse a registration if the information provided is or seems to be inaccurate. The Customer agrees to pay the total amount due in order to use the service for one year, starting from the date that the Customer registrers to the same date the next year. - Description of Service When the User signs up and starts using MailPatch, all the e-mails from the newly protected inbox are automatically transferred to the MailPatch service and deleted from the User's original inbox. The e-mails will then appear in the ''Pending e-mails" tab, and all the Senders will receive an identification request signed with the MailPatch User's name. By responding correctly to the identification request, Senders add their own e-mail addresses to the User's white list. The User can choose to skip this step ahead of time by accepting the e-mail addresses of contacts, by using the Pending e-mails tab, or the List tab (MailPatch Plus users). The e-mails stored in "Pending e-mails" will be permanently deleted depending on the version selected: after 5 days or over 750 e-mails (MailPatch Free), or after 15 days or over 10,000 e-mails (MailPatch Plus). The User acknowledges a full understanding of these terms and conditions, and agrees that MailPatch will not be liable, under any circumstances, for any loss of data due to improper use of MailPatch. - Terms of Service MailPatch is committed to providing a service equal to or better than that which is provided to MailPatch by its web hosting provider (99.9%). MailPatch does not claim to offer a quality of service better than that which is contractually provided to MailPatch by its service providers. MailPatch reserves the right to suspend the service for technical improvements as necessary, but is committed to performing this maintenance in a timely manner so as not to disturb the User's current activities. Service suspension due to emergencies or MailPatch itself applies only to e-mails already received, as well as to secondary services, such as the storage space known as "USB Flash drive". In any event, the User is able to continue receiving and sending e-mails by logging in to his original inbox. Hotmail users: MailPatch does not guarantee that its services will be fully available due to constraints of the Microsoft-developed e-mail system. This use of non-standardized formats requires MailPatch to adapt according to Microsoft's practices in real time. This may imply service interruptions of which MailPatch cannot be held liable. The User hereby accepts these Terms and Conditions. Mailbox: the maximum storage space available for MailPatch Free users is 1 GB, and MailPatch Plus users users receive 2 GB. USB Flash drive: the maximum storage space available for MailPatch Free users is 1 GB, and 2 GB for MailPatch Plus users. Word processor: MailPatch Free users can save up to 50 files created with the MailPatch word processing tool. Mailpatch Plus users can save up to 500 files. Documents must not exceed 65 000 characteres (information bytes). The User agrees to use the MailPatch service in an appropriate and respectable manner. MailPatch is primarily an e-mail management service that also offers some additional services (USB Flash drive, word processor, etc.). The User agrees that these additional services shall not be used exclusively nor constitute his/her main usage of the site. Any violation of these obligations may result in early termination of the service (see definition below). - Storage of information entrusted with MailPatch by User MailPatch uses its best efforts to back up all the User's documents (e-mails, USB Flash drive, Word processor, Memo, Favorites, Organizer) three times a day. The data is saved on servers remote to the MailPatch servers. However, the User understands and accepts that unforseen computer-related and electronic-related technical issues make it impossible for MailPatch to completely guarantee data preservation or, if possible, data recovery. -Compliance with the Law MailPatch commits to using data in accordance with the laws in effect. In particular, MailPatch recognizes that it has satisfied the requirements provided by Act No. 78-17 of January 6, 1978 on Data Processing, Data files and Individual Liberties. - Privacy Guarantee Upon registering with MailPatch, the User will have secure and personalized access to MailPatch for an indefinite period of time. There are two ways by which the User can access this service: - through the Internet, by connecting to http://www.mailpatch.com -through the User's personal e-mail software (Outlook, Thunderbird, etc.). The User accesses the service through a secure connection by entering a username and a password. This data is the exclusive property of the User; MailPatch assures that it will not use the data for purposes other than what is necessary for the execution of the signed obligations and that it guarantees privacy. As such, MailPatch, commits that it will not give out or sell Users' data with third parties. MailPatch will destroy the User's data if the User so requests. In addition, the User has the possibility modifying this data at any time, if it seems false or inaccurate. MailPatch takes the necessary measures to ensure that this data remains private. However, MailPatch cannot be held responsible for any possible failure that occurs for reasons beyond its control, particularly in the case of malicious or deliberate attacks on its computer systems by third parties. Also, MailPatch cannot be held responsible for data distributed by the User himself/herself. -Limitations of Liability It is expressly agreed that MailPatch cannot be held liable for consequential damage such as, but not limited to, loss of clientele, turnover or brand image, etc. which could be caused by material or software failure, or during services provided by a third company.This includes failures due to maliciousness or computer attacks on the MailPatch server system. It is also agreed that MailPatch cannot be held responsible for the loss of e-mails as a result of a malfunctioning not resulting from errors directly made by MailPatch technicians. -Best efforts obligation MailPatch is bound only by a best efforts obligation as regards its service. The system allows Users to pass all or part of the messages Users receive in their mailboxes the MailPatch service for the purpose of "filtering" messages that meet the criteria of "Spam". MailPatch ensures that no spam, as defined above, enters the customer's mailbox. However, MailPatch cannot guarantee that no virus enters the customer's mailbox, due to the nature of certain viruses. The User can, at anytime, check the exhaustive list of the messages sorted by MailPatch, and can, if so desired, request to receive each message until the message is destroyed voluntarily by the User, or until the expiration of the message storage duration mentioned above. - e-mails The Customer acknowledges that he/she has been informed that MailPatch sends out e-mails, called "identification requests" on behalf of the Customer to his/her contacts in order to ensure that the service functions well. - Adding more e-mail addresses Users of the free version, MailPatch Free as well as Users of the paid subscription version, MailPatch Plus can at any time add one or more e-mail addresses to be protected in addition to their initial quota (2 protected addresses for MailPatch Free Users and 5 protected addresses for MailPatch Plus Users). These additional addresses will be protected for a fee. The User should refer to the current price list. - End of service MailPatch Free Users: registration for the service is valid for an unlimited duration. Paid subscribers of MailPatch Plus: registration for the service is valid for a duration one year and can be renewed. The User will be informed in advance, before the contract expires. If the paid subscription service is not renewed, the Customer reverts to free User status; if the Customer has more than two protected e-mail addresses, the Customer will have to choose two addresses and delete the rest from the MailPatch service. Users of additional e-mail addresses: registration for the service is valid for one year and can be renewed. The User will be informed in advance, before the contract expires. Early service termination: in case there is a breach of obligations by one or both parties, or in case of force majeure that exceeds one (1) month, this contract can be cancelled by the opposing party. - Unsubscribing If the User decides to unsubscribe from the MailPatch service, MailPatch commits to send all the e-mails in the User's mailbox(es) back to their respective original inboxes. MailPatch will do its best to ensure that this restoration process is done in the best conditions. However, technical problems such as certain e-mails being mixed up (not arranged in chronological order) can arise, or some e-mails could go missing. These cases are rare and are as a result of the massive sending of e-mails; this is due to the receiving server and not MailPatch. MailPatch is not responsible for these irregularities which are specific to each server. - Modification of the Terms of Use MailPatch reserves the right to modify the Terms of Use at any time. MailPatch will inform Users of any changes by e-mail. Users may cancel their registration on the site due to modifications, or accept the new Terms of Use. - Jurisdiction The present contract is subject to the French law. As regards the validity, interpretation or execution of the present contract, the parties agree to submit any dispute or litigation that could arise between them exclusively to the Commercial court.