Terms of Service
1. Definitions
Service: designates all the functionalities offered by GigaTecnologies S.L. on its http://www.mygigamail.com site and subject to the present Terms of Service.
email: designates an email address accessible via any email service using the SMTP protocol.
Client or User: designates the person or company, fully responsible, that registers with the service, and by registering accepts the present Terms of Service.
Account: represents all rights granted by myGigaMail.com to a Client to use the Service.
User Id: designates a valid email address that a Client or User shall use as a mean of authentication and use of the Service.
Password: designates a confidential code allowing the Client ou User to authenticate and use the Service.
Transfer: designates the operation that consists in uploading a file on the myGigaMail.com website that the Client or User wishes to send to their recipient.
2. ObjectThe present Terms of Service define the conditions under which GigaTecnologies S.L. provides a Client who accepts them, the Service: myGigaMail.com.
Use of the service is subordinated under the present Terms of Service.
3. Service and cost
3.1 Description of the ServiceThe Service consists in sending an email and transferring a file to one or several recipients, through the internet.
The Client writes a message and selects the file to send using the interface offered by myGigaMail.com. During a transfer, the file is stored in a myGigaMail.com server. The recipient receives the client's email, in which is inserted a link to go to the download page where the recipient will be able to download the file sent by the client. All the recipient has to do is click on the link to access the page and download the file.
3.2 CostThe service provided by myGigaMail.com is free of charge. GigaTecnologies S.L. reserves the right to revise its prices at any time, and commits itself to communicate any change to its Clients.
4. Obligations of GigaTecnologies S.L.
4.1 Availability of the ServiceThe availability of the service offered on myGigaMail.com is permanent, subject to technical interruptions and maintenance.
In conformance with its obligation of means, GigaTecnologies S.L. makes a commitment to implement all necessary reasonable means to ensure the best access by the users to the Service. As such, GigaTecnologies S.L.'s responsibility is limited to the sole delivery of Service in the present Terms of Service.
GigaTecnologies S.L. commits itself to use all means at its disposal to implement the Service to all its Clients, except when an interruption of the Service is ordered by administrative or legal authorities. In addition, GigaTecnologies S.L. cannot bear responsibility if the implementation of its obligations is delayed, stopped or disturbed because of force majeure such as: social conflict, strike, boycott, transportation disturbance, the intervention of civil or military authorities, natural disaster, war, sabotage, acts of terrorism, acts of madness, fire, water damage, epidemics, collapse of installations, faulty operation or interruption of the telecommunication networks, the internet network or the power grid, or any other circumstance outside the reasonable control of GigaTecnologies S.L.
4.2 Confidentiality and restitution of informationGigaTecnologies S.L. commits itself to use all means at its disposal to guarantee Client data security and transfer under the best possible conditions.
GigaTecnologies S.L. transfers the files uploaded by its Clients on its servers as the Clients sent them.
GigaTecnologies S.L. makes a commitment to guarantee the confidentiality of collected information on its Clients, their data, and on the information regarding file exchanges.
4.3 Risks linked to the use of the internetThe Customer is expressly warned and acknowledges that the internet network, because of its very nature, introduces limitations and possibilities of malfunction, the consequences of which cannot be regarded, under any account, as a failure or a fault of GigaTecnologies S.L., and give any right to compensation.
Thus, without being restrictive:
- the Internet network can be subjected, in certain places or at certain periods, to strong slow downs, saturations or connection cuts,
- servers may be inaccessible from certain points in the internet while the same servers are perfectly operational and accessible from other points in the internet,
- emails can be sent according to the rules of the art, yet not be delivered to their recipient,
- the internet network is a cooperation of multiple data networks. There is no central administration in charge. Some data networks can refuse to communicate with some computers or organisations judged by them as dangerous or not respectful of codes of conduct used on the internet.
5. Obligations of the Client and of UsersThe user ids of Clients and Users are personal and confidential. The Client thus makes a commitment to ensure their safety, to protect their confidentiality, and in particular, not to communicate them to third parties.
The Client is solely responsible for the use of his/her user ids, whoever the user is, and of the consequences of their usage. Every connection or operation made using the Client's user id(s) will be considered being made by the Client. The Client refrains from using myGigaMail.com to transfer illegal or illicit content, notably but not restrictively: pedophile or pornographic content, content promoting suicide, racial hatred, or encouraging xenophobic and anti-Semitic crimes or offenses, or infringing on image rights and the right to privacy, as well as dangerous or illegal content (viruses, MP3 with no license, etc..).
In the same way, the Client refrains from transferring content infringing on intellectual and industrial property rights. The Client refrains from using the services of myGigaMail.com for fraudulent or harmful purposes. For instance, mass-mailing of unsolicited messages or any other type of "spamming" act are definitely prohibited. In general terms, the Client makes a commitment to respect and have all declared users respect all obligations and prohibitions of the present article.
6. Service restriction and cancellation.GigaTecnologies S.L. reserves the right to:
- temporarily suspend the opening of new accounts in order to maintain the quality of service provided to existing clients,
- block the use of myGigaMail.com to send messages and files to email addresses whose owners have complained about receiving unsolicited mails ("spam"),
- block the use of myGigaMail.com to users that contravene with the clauses of Article 5. The Client may, at any time, without any justification, ask for cancellation of his/her account. This cancellation will be effective no later than 14 days from the date of the Client's request. The cancellation request must be directly notified by the Client on myGigaMail.com.
7. Evolution of myGigaMail.com7.1 Modifications to Terms of ServiceGigaTecnologies S.L. may use its power to modify the present Terms of Service. These modified Terms of Service will be posted on this web site, and the Client will be informed by email sent to the email address given when the Client's account was opened on myGigaMail.com. After notification of the new Terms of Service (date the email is sent), the Client has one month to refuse the modifications and cancel his/her account, by addressing this refusal to myGigaMail.com. In the absence of an formal refusal during that period of time, the Client is considered approving the modified Terms of Service. Terms of Service posted on the web site prevail on printed Terms of Service.
7.2 Transferability of serviceGigaTecnologies S.L. reserves the right to transfer to any other company the rights and obligations of the present Terms of Service, as long as this company does not substantially modify the service provided to the Client.
8. Applicable lawGigaTecnologies S.L. is a limited liability company of Andorra. The present Terms of Service are subjected to Andorran Law.
For any claim or litigation, please contact:
GigaTecnologies S.L., C/ Francesc Escudé N°1, AD600 Sant Julià de Lòria, ANDORRA.
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