GENERAL CONDITIONS FOR USE OF THE DOTSPIRIT SERVICE
Please read the present conditions for use of the DOTSPIRIT service before subscribing to said service.
By clicking on the button stating that You accept the present conditions, You confirm that You have effectively read and agreed to the present conditions and that You are fully aware that You must abide by the terms of them throughout the duration of the present contract that binds You to HELP4NET.
1. - DEFINITIONS
The following definitions are used for the purposes of this contract:
“HELP4NET” : the HELP4NET LTD company, registered in England under number 05913468 whose head office is located at 601 International House - 223 Regent Street - W1B 2QD London – UK.
“You” : any person who has accepted the present general conditions for use of the DOTSPIRIT Service.
“Guest” : any person that You invite to access in streaming mode or by downloading all or part of the files that You will have stored on the HELP4NET servers.
“Storage Space” : 250 GB of space provided for You by HELP4NET at the following website: www.DOTSPIRIT.com for the remote storage of your Data.
2. - OBJECTIVE
The objective of the present contract is to determine the conditions under which HELP4NET is offering You use of the DOTSPIRIT service (hereinafter the “Service”) enabling You, through your broadband connection, to store the data that You will have selected on the hard disk of your computer terminal on a remote storage space (hereinafter the “Storage Space”) that HELP4NET will provide for You, to manage this data remotely using the interface of the website, to restore it onto your computer and/or any other computer and/or make it available to the recipient(s) that You will have identified by their email contact details and allowing him/her/them to download it onto his/her/their own terminal;
N.B.: You are informed that this Service is reserved for storing and making available data that is free of copyright or for which You hold the reproduction rights, the communication rights and the right to make available to the public, subject to normal copyright exemptions.
3. - DURATION OF THE CONTRACT
3.1. The Contract comes into effect from the date of your online subscription subject to actual validation of your payment.
It is concluded for an initial period of one (1) month, free of charge.
3.2. On expiry of your initial subscription, You may retain your Storage Space and the data stored thereon by automatic renewal of your subscription, provided the monthly subscription payment has been made.
You are informed that no refund or credit note will be issued for the remaining period of the package.
4. - YOUR OBLIGATIONS
4.1. Known limitations and technical incompatibility of the Service with certain equipment are set out on the website www.DOTSPIRIT.com.
It is your responsibility to access this site and check that your computing equipment is compatible with the proposed Service prior to validation of the present contract.
In any event, You must have the following computing and telecommunications equipment, without which You will not be able to access the Service:
- a computer with a broadband Internet connection.
- net browsers from the generation at least equivalent to Internet Explorer 6.0 or Firefox 1.0.1, the latest generation available being strongly advised.
You are responsible for the hardware, and the costs of telephone calls and accessing the Internet network.
4.2. In order to ensure confidentiality of the data stored, HELP4NET will ask You to identify yourself using a code once the Service is in place. This code is strictly personal. You must agree to keep it safe and not to divulge it to anybody else.
You alone will be responsible for any consequences that may result from communicating your personal code to any third party to the present contract, without prejudice to any compensation and interest that HELP4NET could claim from You for any resulting damage.
4.3. You will ensure that your Guests abide by the provisions set out in section 4.5 of the present contract.
Your Guests must identify themselves with a user name and a password. This password is confidential. You must agree to inform your Guests about this confidentiality and release HELP4NET from any liability regarding use made of this identifier by your Guest or any other person authorised or unauthorised to access the Service.
4.4. You must agree that the Service is intended for personal use under normal and reasonable conditions of use.
4.5. You must agree to pay due regard to the law when using the Service.
In particular, You will refrain from storing any file of a paedophiliac, libellous and/or injurious nature, that incites racial or religious hatred or that makes any apology for war crimes on the Storage Space.
You must furthermore agree to strictly abide by the provisions of the French Intellectual Property Code.
In this respect, You are reminded that:
ANY REPRODUCTION AND/OR COMMUNICATION AND/OR MAKING AVAILABLE TO A THIRD PARTY OF A WORK WITHOUT HOLDING THE CORRESPONDING RIGHTS CONSTITUTES THE OFFENCE OF COPYRIGHT INFRINGEMENT SANCTIONED BY ARTICLE L.335-2 AND SUBSEQUENT ONES OF THE FRENCH INTELLECTUAL PROPERTY CODE.
UNDER THE TERMS OF ARTICLE L.335-4 OF THE SAME CODE, ANY FIXATION, REPRODUCTION, COMMUNICATION OR MAKING AVAILABLE TO THE PUBLIC, WHETHER PAID FOR OR FREE OF CHARGE, OR ANY BROADCASTING OF A PERFORMANCE, AN AUDIO RECORDING, A VIDEO RECORDING OR A PROGRAMME MADE WITHOUT AUTHORIZATION, WHERE SUCH IS REQUIRED, BY THE ARTIST AND PERFORMER, THE AUDIO OR VIDEO RECORDING PRODUCER OR THE AUDIOVISUAL COMMUNICATION COMPANY SHALL BE PUNISHABLE WITH A THREE-YEAR PRISON TERM AND A FINE OF 300,000 EUROS.
5. - OUR COMMITMENTS
5.1. HELP4NET will use any technical means reasonably possible to provide a secure environment for the storage servers and data that they contain to protect them from any malicious intrusion (piracy, theft of data…).
Nevertheless, You are informed that the Service does not provide any identification facility or protection against viruses.
Provision of and/or access to any files on the Site by downloading them is carried out at your own responsibility and at your own risks and perils.
HELP4NET strongly advises You to install an antivirus system capable of identifying and destroying infected files on your computer terminal.
In any event, HELP4NET may not be held liable for any consequences of downloading an infected file.
5.2. HELP4NET will use any reasonable means to ensure that data that You have stored on your Storage Space is restored on your computing equipment or any other similar or compatible computing equipment as fast as possible, subject to the Internet network functioning normally and in the absence of any interruption to the Service rendered necessary due to maintenance, repair or updating procedures.
HELP4NET will have fulfilled its obligations to restore the Data once all the data specified in the previous paragraph has been made available to You on the Internet network.
5.3. HELP4NET will use any reasonable means to ensure that data that You have selected are transferred to the computer terminal of the Guest that You have invited and/or that the Guest can view the files that You have given him/her access to, subject to the Internet network functioning normally and in the absence of any interruption to the Service rendered necessary due to maintenance, repair or updating procedures.
5.4. You are informed that HELP4NET will destroy all your data stored on the day which You cancel the present contract.
5.5. Subject to the applicable legal provisions, HELP4NET will use any technical means reasonably possible under a Service that includes a facility both to store data and make it available, to provide and abide by strict confidentiality provisions and to have others provide and abide by strict confidentiality provisions regarding the existence and content of files and data stored through the Service, within the limits of section 6.7 hereinafter.
5.6 SLA: HELP4NET commits to an uptime of 99.95%, equivalent to a maximum downtime of 22 minutes per month. In case of non respect to the uptime rate, HELP4NET will pay penalties of 2,5% of the monthly fee for every 60 minutes of unavailability (the total amount of penalties paid by HELP4NET cannot exceed the monthly fee paid by the client.).
6. - LIABILITY
6.1. You will recognise and accept that the Internet network or any other network used for transmitting stored data may be saturated and/or that the data exchanged through the network may be diverted and, consequently, You will release HELP4NET from any liability in this respect.
Furthermore, HELP4NET may not be held responsible for interference by third parties in the communication and transmission systems that You use or any malfunction or stoppage of the Service due to negligence, faults or any act whatsoever on your part or by a third party to the present contract.
In particular, HELP4NET may not be held responsible for any failure when receiving data and/or invitations transmitted to Guests, if these failures are the result of filtering and/or blocking techniques installed by technical agents, such as service providers, not included in the present contract. If You observe faults such as these, You should contact your Internet service provider.
6.2. You will recognise and accept that, as the Service is only intended for storing a copy of the data stored on the hard disk of your computer terminal, HELP4NET may not be held responsible for consequences resulting from the loss of any data.
6.3. When the files are returned to You, it is your responsibility to test and check that they are consistent in every way with the files supposedly stored and that they integrate correctly with the original computer applications or similar ones.
You must agree to report any fault that You notice to support@DOTSPIRIT.com, mentioning your name and email address, within 24 hours from receipt of the data.
If You do not report the fault noticed to the above-mentioned email address within the deadlines and in accordance with the procedures set out in the previous paragraph, HELP4NET may not be held responsible for any damage resulting from the loss of this data since the lack of information does not give HELP4NET the possibility to carry out a new procedure to restore the data freed from the initially claimed faults, within a period enabling the damage to You to be avoided or restricted.
6.4. The data stored on the HELP4NET servers will remain your full and exclusive property.
HELP4NET does not have the technical ability and is not permitted to check the data stored and/or transmitted from/to your server.
Consequently, HELP4NET cannot be held responsible for the presence on your servers or restoration on your computer terminal of fraudulently obtained data and/or data that is forbidden by law or by regulations.
You alone have the ability of choosing whether to register these files or not, to keep them, share them, send them or destroy them and You alone will bear the responsibility for these choices.
However, HELP4NET informs You that it must cooperate with any legal authority duly authorized to check and even remove data stored on its Servers.
6.5. You are informed and accept that all or part of the Service may be momentarily interrupted due to repairs, updates and maintenance. HELP4NET may not be held responsible for any consequences resulting from interruptions caused by maintenance and updating procedures. If applicable, HELP4NET will do everything in its power to restore the Service as fast as possible. Wherever possible, HELP4NET will inform You of any potential interruption to the Service in excess of 24 (twenty four) hours.
6.6. HELP4NET may not be held responsible for faults and/or interruption to the Service in the event of force majeure as defined in section 11 of the present documents.
6.7. You will recognise that You have been informed that the storage Service offered to You does not include any encryption method or any additional backup of the data on a second server.
Furthermore, in the event of failure of the Service, HELP4NET may not be held liable for more than the amount You will have paid for the Service over the previous 3 months prior to the event that is used as a reference for calculation purposes.
6.8. As part of the provision of the Service, HELP4NET may suggest that You download software that, in particular, may make use of the Service easier. When You use this software in connection with the Service, You must agree to abide by the present conditions for use. In any event, You will recognise that any computer program that HELP4NET may suggest that You download in connection with use of the present Service will remain its property, with HELP4NET as such only providing You with a simple user licence. In addition, HELP4NET reserves the exclusive right to carry out any procedure on this software for maintenance purposes or to make it interoperable with any other program or equipment.
6.9. You will recognise that You have received full online information about the Service and will subscribe to it in full knowledge of this.
HELP4NET may not be held liable for any alleged failure of the Service to meet your needs.
6.10. HELP4NET furthermore reserves the right to:
- install technical barriers limiting the number, type and/or size of data exchanged and/or the number of Guests in order to restrict abusive or inappropriate use of the Service. You will be informed of the technical limitations for use of the online Service by email after subscription;
- modify the present conditions for use of the Service.
You may, however, cancel the present contract within 30 days from these modifications being made. If no cancellation is made during this period, You will be deemed to have accepted them irrevocably.
7. - FINANCIAL CONDITIONS
7.1. You will recognise that You are aware of and have accepted the financial conditions for accessing the Service by clicking on the “Click here to proceed” button on the online interface for ordering the Service.
7.2. The DOTSPIRIT Service is invoiced in advance for each entire period that the Service is provided following the initial trial period. All payments must be made via the website www.PAYPAL.com.
7.3. On receipt of your payment, HELP4NET will send You the corresponding invoice exclusively online or by email upon request at support@DOTSPIRIT.com. You may freely consult, copy or print it. It is specified that HELP4NET does not send out any paper invoices.
8. - TERMINATION
8.1. Legal termination by either party:
The present contract may be legally terminated by either party by recorded delivery letter with acknowledgement of receipt in the event of persistence of an event of force majeure, as defined in section 11 hereinafter, for a period over 30 (thirty) days from the occurrence.
8.2. Legal termination by HELP4NET:
In the event of violation of the terms of the present contract or any misuse of the functionalities of the Service, HELP4NET may legally terminate the present contract by sending an email, without any claim to compensation on your part. Your Data will be instantly and completely removed from the HELP4NET servers and, without any claim to compensation on your part.
HELP4NET may legally terminate the present contract without notice in the event that HELP4NET is informed that the Service has been used for the purpose of storing Data contrary to the laws and regulations applying in France and in the country in which You access the Service. You will therefore be informed of this termination and the reason for it by email. Your Data will be instantly and completely removed from the HELP4NET servers and, without any claim to compensation on your part.
In case the Paypal monthly payment is cancelled within the 30 day trial period, either following Your action or Paypal's action, the present contract will be terminated and your Data will be instantly and completely removed from the HELP4NET servers and, without any claim to compensation on your part.
In case the Paypal monthly payment is cancelled after the 30 day trial period, either following Your action or Paypal's action, the present contract will be suspended and your Data will be completely removed from the HELP4NET servers after 30 days, without any claim to compensation on your part.
9. - HOTLINE
9.1. Availability of customer service
HELP4NET provides a technical support service by email (support@DOTSPIRIT.com) from Monday to Sunday from 09:00 to 20:00 pm.
HELP4NET also provides a commercial assistance service by email (support@DOTSPIRIT.com) for invoicing and commercial queries from Monday to Sunday from 09:00 to 20:00 pm.
Email access to the technical support and customer services is free, apart from any potential Internet communication costs. It should be remembered that, in view of the asynchronous nature of this media, there may be delays in replying. In addition, any request that does not include a minimum of data for identification (your Customer Number and your Name) and a description of the problems encountered may not be dealt with.
9.2. Limits of competence of the customer service
The aim of the customer service is to ensure that the Service functions correctly.
Consequently, no information, advice or help of any sort whatsoever may be given to solve any problem involving items or events that do not concern the Service.
10. - INTELLECTUAL PROPERTY
10.1. HELP4NET is the sole owner of the software required for the Service to function and any documentation relating thereto.
10.2. As part of the execution of the present contract, HELP4NET provides You a user right for the software, use of which is strictly limited to the correct functioning of the Service under the conditions of the present contract.
This user right may not be used outside the present Service.
HELP4NET reserves the exclusive right to carry out any procedure on this software for maintenance purposes or to make it interoperable with any other program or equipment.
11. - FORCE MAJEURE
HELP4NET may not be held responsible for the partial or total non-performance of its obligations or any delay in executing them, if this non-performance or delay has been caused by the occurrence of unforeseeable, reasonably uncontrollable and external events.
The following in particular are considered to be unforeseeable, uncontrollable and external events: a governmental decision, war, civil war, sabotage, flooding, disruptions in supply sources (including, for example, but not limited to, telecommunications minutes, electricity and petrol), epidemic, strike, lockout, stoppage or an incident with machines, one or more computer viruses, attack by one or more hackers, fire, explosion or any other event that is out of HELP4NET’ control or that HELP4NET could not within reason have avoided or overcome. HELP4NET will inform the client of any delay resulting from an event of force majeure and will take any steps necessary to rectify it.
If the delay caused by the force majeure exceeds 90 (ninety) days, either party may terminate the present contract.
Payment will still be due for obligations already fulfilled and the parties will consequently settle their accounts, without being able to claim any sort of compensation whatsoever.
12. - PROTECTION OF PERSONAL DATA
Personal information that You provide is intended for HELP4NET and will be used for the sole purpose of managing the present contract.
However, personal information that You provide may be passed on to the legal authorities if they so request.
In accordance with French Data Protection Act (loi informatique et libertés) no. 78-17 of 6 January 1978, You may access personal information that concerns You and have it rectified or deleted if required by contacting HELP4NET, 601 International House - 223 Regent Street - W1B 2QD London – UK. HELP4NET may not communicate personal information to any third party whomsoever apart from its subcontractors or any person involved with providing the Service or executing the present contract as well as any authorities duly authorised so to do.
13. - GENERAL PROVISIONS
In the event that anyone of the provisions of the present contract were to be declared null and void, in any way and for any reason whatsoever, it will be deemed procedurally barred and will not result in the other provisions of the present contract becoming null and void.
You will act in your own name and on your own account. You do not have the power or the authorisation to bind HELP4NET in any way whatsoever.
None of the provisions of the Contract may be interpreted as creating a mandate, a subsidiary, an agency agreement or an employee/employer relationship between You and HELP4NET.
You will recognise and accept that HELP4NET may be required to subcontract part of the obligations of the present contract to one or more third party(ies).
You may not transfer this contract and any rights and obligations attached thereto without the prior written agreement of HELP4NET.
HELP4NET is authorised to transfer the benefit of the present contract or any of its rights whatsoever by virtue of the present document to any third party of its choice at its own discretion and without notice.
14. - APPLICABLE LAW
The present contract is subject to French law.
15. - DATE OF THE PRESENT GENERAL CONDITIONS
The present general conditions are effective from 1st September 2007.