1.- The recipient of the services (“CUSTOMER”) affirms that he/she:
Is of age and with the legal capacity to understand and accept these conditions governing the services provided by MR and has read and understood the service conditions and accepts them unreservedly.
“CPC Servicios Informáticos Aplicados a Nuevas Tecnologías S.L.” (“MR”). Both parties agree to the following clauses governing the services:
This contract has as its aim to set up the contractual framework that will govern the conditions of the Mail Relay mail server service depending on the volume contracted by the Customer.
MR reserves the right to change, when deemed appropriate, any of the technical specifications to offer the customer an improved service.
3.- CONTRACT DURATION
3.1.- This Contract will remain in effect for TWELVE (12) MONTHS from the date service is started.
3.2.- At the end of this initial period, the present conditions will automatically and tacitly renew for successive periods of the same length unless one or both of the parties expresses its wish to not renew via authentic communication to the other party at least three months before the expiry date of the first period or any of the subsequent renewals.
3.3.- CUSTOMER agrees to pay MR any costs, expenses or investments MR has incurred for the CUSTOMER including but not limited to commercial and administrative costs, in the following situations:
a) Total or partial cancellation and/or modification of the Order by CUSTOMER before the service has started. The indemnity will include all expenses MR has incurred for CUSTOMER. Regardless, in this premise CUSTOMER will indemnify MR with at least 300 euros.
b) Total or partial cancellation and/or modification of the Order by CUSTOMER after the service has started. The indemnity will include all expenses MR has incurred for CUSTOMER as well as all the total amount of the monthly payments that remain to be paid until reaching the total that corresponds to the agreed period.
3.4.- If the customer uses up all of the mailings contracted with the Mail Relay service and in a period of 30 days has not contracted a new delivery voucher, MR can terminate the contract automatically and without prior notice.
3.5 The account will be deleted if it remains inactive during 1 year, or until the payment plan is completed.
4.- PASSWORDS TO ACCESS SERVICES.
4.1.- MR shall give the Customer the identification code and personal password to access the different services. The Customer shall assume all damages and consequences of any kind that may result from their transfer, disclosure or loss.
4.2.- CUSTOMER can change the personal password at any time.
4.3.- MR guarantees that the CUSTOMER’s identification code is unique and confidential.
4.4.- If CUSTOMER should lose or forget the personal access password, MR shall be notified as soon as possible to immediately substitute it to ensure CUSTOMER’S maximum security.
4.5.- All communications regarding passwords and notifications referring to this service shall be sent to the email account provided by CUSTOMER. This address shall be valid and active and CUSTOMER agrees to check it at least every seven days. If this email address were to change, it is CUSTOMER’S responsibility to inform MR or update the information themselves through the website.
4.6.- MR and, as stipulated in LSSI of 34/2002 of 11 July on electronic commerce and information society services, reserves the right to block access to content, at any time and without prior notice, when it considers it breaks international or Spanish law. MR shall not be held responsible for third-party content that it transmits, hosts or to which it offers access.
5.- SERVICE USE.
5.1.- CUSTOMER is aware of the hardware and software and communication needs required to connect to the service.
5.2.- CUSTOMER agrees to use the services included in this contract appropriately and not use them to: (i) enter into illicit or illegal activities or those that go against good faith and public order; (ii) disseminate racist, xenophobic, illegal pornographic content or propaganda, or any content that defends terrorism or attacks human rights; (iii) damage software or physical systems that belong to MR, its suppliers or third-parties, introduce or distribute computer viruses over the network or any other computer or physical system that might provoke the above stated damage; (iv) attempt to access or, as the case may be, use other users’ email accounts, modify or manipulate their messages or send mass mailings as publicity or propaganda without the subscribers’ express authorization or send any messages considered SPAM.
5.3.- Without prejudice to the foregoing, MR can suspend its services at any time without prior notice for maintenance, updates, improvements or adjustments.
5.4.- CUSTOMER declares, agrees and warrants to only use the services as laid out in the Agreement, the US CAN-SPAM Act and the European Directive on Privacy and all other applicable legislation (including but not limited to those policies and laws that regulate SPAM, privacy, obscenity and defamation). CUSTOMER agrees to not access or use third-party address lists to prepare or distribute junk mail. CUSTOMER agrees to ensure and release MR from any responsibility for any damage, loss, responsibility, resolution or payment (including but not limited to lawyer fees and expenses) that may arise in relation to any claim or legal action after a supposed violation of the aforementioned conditions, or in relation to MR’s use. Although MR is not required to control the content CUSTOMER distributes or how the Customer uses the Services, it may, including by eliminating that content or prohibiting use when it believes that it violates (or supposedly violates) the aforementioned conditions. The customer is considered to be sending SPAM when more than 4% of the list subscribers send junk mail notifications or if emails are sent to five or more recognized spamtrap ISPs.
5.5.- All email messages, or any other type of electronic communication, sent through the service shall include a link to unsubscribe. CUSTOMER shall not erase, deactivate or try to erase or deactivate that link.
5.6.- MR shall refrain from using any information or database that CUSTOMER gives MR or stores in the service contracted for uses other than the service. It shall not be shared with any third-party without CUSTOMER’S prior express written authorization.
MR shall not use CUSTOMER’s database for its own or third-party mailings without CUSTOMER’S authorization. MR undertakes to maintain the greatest zeal in terms of information privacy and security to comply with these stipulations however it shall not be held responsible for unforeseeable situations provoked by third-parties that escape its control like malicious hacker attacks, computer theft, etc. once the confidentiality and security criteria have been covered.
5.7.- MR shall respect the property rights of the electronic files CUSTOMER puts as its disposal to deliver messages via the services contracted. MR shall undertake to hold those electronic files with the strictest information privacy and security efforts.
5.8.- MR reserves the right to change, when deemed appropriate, any technical specifications to offer the customer an improved service.
5.9.- Upon either party terminating the contract, the tracking links that the sent messages contain shall be deactivated.
5.10.- If any of the cases described in points 5.2, 5.4 or 5.5 come to pass, the contract shall be terminated and the fees thus far charged shall not be returned.
a. Emails are only sent to receivers who have given their consent to receive these emails according to section 7, paragraph 2, number 3 UWG (Act Against Unfair Competition) – (opt in) – or have a business relationship with the advertiser, and the conditions according to article 13 section 2 of the European Parliament and Council Directive 2002/58/EU on Privacy and Electronic Communication are met.
b. The consent to receive advertisements through email has to be given separately. The receiver must either click/mark a box or otherwise give a comparatively clear declaration of consent to receive advertisements via email. This declaration may not be part of other declarations (such as agreeing to terms and conditions.)en).
c. The receivers must give their consent actively through a conscious act. Pre clicked/pre marked boxes may not be used.
6.2. E-mail format
The contracting entity- that means the contracting partner of the sender of an advertisement must be clearly recognizable. Every sent email shall contain an easily noticeable ‘about us’; either in the text or through a direct link. The ‘about us’ section shall contain the following information:
a. name and address of the sender, for legal entities in addition to name and address the legal form of the entity, authorized representative and the Commercial Registry, Association Registry, Partnership Registry or Cooperative Society Registry they are registered with, as well the appropriate registration number.
b. contact information, at least a valid telephone number or an electronic contact form, as well as email address and
c. if there is a value added tax identification number according to section 27a of the value added tax act or a business identification number according to section 139c of the tax code, this number shall be provided. Further reaching information obligations, for example according to section 5, paragraph 1 of the Telemedia Act (Telemediengesetz –TMG) remain untouched.
d.Each email must contain an option to withdraw permission to send any further emails. Cancellation must be possible for the receiver, without having to know access data (such as login/password). Exceptions may be admissible in single cases as special cases occur in the administration of the offering party. Cancellations must be processed promptly.
e. Neither the sender nor the commercial character of the message may be obscured or concealed in the header or the subject header of the email. Obscuring or concealing is taking place when the header and subject header are composed in such a way that the receiver cannot get any or can get only misleading information about the actual identity of the sender or the commercial nature of the message before the message is opened and read.
f. The sender must remove email addresses from the mailing list after three hardbounces.
g. The customer has to name a contact (name/phone number/e-mail address) for complaints. Response time for complaints must not exceed 24 hours on business days.
h. When using email addresses that the sender or his customers received from third parties, the sender or his customer is obligated to make sure before the advertisement action is taken that only receivers who have given their consent according to these criteria are emailed; a consent that not only refers to mailings sent by a third party but also by the sender himself or the sender’s customer.
i. The retrieval of address data for third parties (such as through co sponsoring) should be transparent to the user. More so, address data retrieved in such a way should only be used for a mailing if
aa. the companies for which the address data is generated were named individually, transparently, and categorized by industry, and
bb. the access to the list of companies was clearly possible and easy for the users, and
cc. the number of companies or persons for whom the address data was collected is reduced in a way that excludes the forwarding of user data to an unreasonably large circle of third parties and that allows the user to easily comprehend the consequences and the extent of his consent as well to easily control the legal handling of his data. For clarification purposes we would like to point out that the companies for which the address data is generated may not forward this address data to third parties without a special consent from the user to do so.
7.- INTELLECTUAL AND INDUSTRIAL PROPERTY.
7.1.- The content and services provided by MR under this contract are subject to the rights to intellectual and industrial property owned by MR or third-parties. CUSTOMER shall not use them without the written and prior authorization of MR or those third-parties. Use of that content or those services for profit or commercial purposes is forbidden. CUSTOMER shall respect the intellectual and industrial property rights of the content that it shares through the contracted services, releasing MR from any claim that could come about for this reason.
7.2.- For the purposes of this clause and the one preceding it, MR can require the Customer to accredit or justify any points deemed necessary. If CUSTOMER were to not accredit them, MR can immediately remove that content and proceed to the immediate termination of the contract, without CUSTOMER having resource to any sort of indemnity.
7.3.- CUSTOMER shall respect all national and international industrial and intellectual property right and copyright laws regarding the content that is hosted by the service and with the associated domain names. CUSTOMER assumes complete and exclusive responsibility for possible violations of third-party industrial and intellectual property, law and order or morality, or any other lawsuits related to the content hosted by the service or the domain names acquired through MR.
7.4.- MR reserves the right to pursue the legal actions deemed appropriate.
8.- MR’S RESPONSIBILITY.
8.1.- MR warrants that it will offer its service under the standards and practices of its activity’s sector.
8.2.- MR shall not be accountable for damages that the Customer may suffer in circumstances of force majeure, acts of God, from causes that although foreseeable could not be avoided and in general in any circumstance that is beyond MR’s control.
8.3.- MR shall not be responsible for any claim that may result from quality, reliability, exactness or correctness of the information, opinions, programs, data, services or content of any kind to which CUSTOMER might have access via the services contracted with MR, or shared by CUSTOMER.
8.4.- MR shall do its best to maintain an acceptable level in its compliance with its contractual obligations but it cannot explicitly or implicitly guarantee the continuity of service at any given time, the good condition of the information stored or transferred through its Resources or the internet. MR shall not be held responsible for unauthorized third-party access to Customers’ information stored in the system, or its loss or corruption.
8.5.- MR can contract or subcontract third-parties as deemed necessary to realize any or all of the activities needed for maintenance, updates, improvement or execution of Services. These third-parties may be able to deactivate the Service and consequently interrupt access to it.
8.6.- A temporary involuntary stop in service, from internal or external causes, or a voluntary stop in service for service improvements shall not be used as a pretext to request or demand damages. MR shall take the measures needed to restart the service and shall reimburse CUSTOMER for the hosting payment corresponding to the period the service was down.
9.- ADDITIONAL SERVICES OR SERVICE EXTENSION.
9.1.- CUSTOMER can request additional services different from the ones initially requested as it deems appropriate by sending an email to [email protected] The request and contracting of the additional services are also subject to the terms and conditions laid out in this contract.
10.- CHANGES TO THE CONTRACT.
10.1.- MR reserves the right to alter this contract. In this case, MR shall notify the Customer as to the scope and content of each change with at least 15 days notice prior to its becoming effective. If CUSTOMER does not accept the changes, THE CUSTOMER can terminate the contract early. In all other cases, the new conditions shall be understood to be accepted by CUSTOMER.
11.- BACKUP COPIES
11.1.- CUSTOMER shall periodically make a backup copy of the data contained in the account on MR servers as well as of the databases associated with the service. MR shall not be accountable in any circumstances for changes to or loss of CUSTOMER’S data due to an act of God, CUSTOMER’S bad management or force majeure. MR offers CUSTOMER additional periodic backup services to facilitate management. These can be contracted separately.
12.- PERSONAL DATA PROTECTION
12.1.- CUSTOMER shall be liable to MR and MR shall remain free of all expenses, costs, damages and losses of any kind incurred as consequence of any claim related to non-compliance with any legal or regulatory duty, and especially any administrative sanction or claim of any kind, the result of non-compliance on the part of CUSTOMER of the obligations assumed in issues of data protection liable to MR or to the owners of the corresponding data.
11.2.- The CUSTOMER agrees not to store any personal data on the platform and not to compile or store profiles and databases without the express authorization of the subscriber.
Notwithstanding the preceding, the customer shall adopt the necessary security measures for the protection of non-private data required by European regulations
and National Data Protection and LSSI, exempting CPC from any liability in case of private data upload.
The customer must also have written permission from each subscriber for the intended communication, procedures for cancellation, rectification
and unsubscribe requests from each subscriber.
12.3.- Mailrelay complies with the guidelines of Organic Law 3/2018 of the 5th of December, on Data Protection and Digital Rights Guarantee and Regulation (EU) 2016/679 of the European Parliament and the Council, of the 27th of April 2016 on the protection of individuals with regard to the processing of personal data and guarantees the correct use and treatment of the user’s personal data. To do that, together with each personal data collection form, in the services that. USERS may ask from Mailrelay, it will inform them of the existence and acceptance of the particular conditions for processing their data in each case, informing them of the responsibility for the file created, the address of the person responsible, the possibility to exercise their rights of access, rectification, cancellation or opposition, the purpose of the processing, and the communication of the data to third parties, if applicable.
Likewise, Mailrelay informs that it complies with Law 34/2002 of the 11th of July, on Society Services of
Information and Electronic Commerce and will ask for their consent for the processing of their email for commercial purposes at all times.
12.4.- CUSTOMER can exercise the rights of access, rectification, cancellation and opposition by contacting the manager at the above mentioned address.
13.- ELECTRONIC COMMERCIAL COMMUNICATION
13.1.- CUSTOMER authorizes MR to send commercial communications and promotional offers that will be governed by the pertaining rules and those rules in place with respect to commercial and advertising materials as well as by the Spanish Information Services Act.
132.- Likewise, CUSTOMER can at any time express the desire to stop receiving this information by writing to the address indicated in the header.
13.3.- Nevertheless, Act 15/1999, of December 13 on Personal Data Protection and its implementing regulation, shall be applied especially when referring to extraction of personal data, requested information, and creation and maintenance of personal data files.
14.- AUTHORITY IN CASE OF LAWSUIT
Both parties by mutual agreement express their desire for any lawsuit to go before the courts and tribunals of Madrid.
15.- NULLITY OR INEFFECTIVENESS OF THE CLAUSES
If any of the clauses in the Service Contract or Conditions were declared totally or partially null or void, the nullity or void will only affect the provision or the part thereof that is null or void. All other parts of the Service Contract or Conditions shall remain in force and the provision, or the part thereof affected, will be held to have not been included.
The customer represents and warrants to have read the service conditions and expressly accepts them completely. Under the provisions of the Act 15/1999 of December 13 on Personal Data Protection, we inform you that your data will be included in automated files owned by CPC SERVICIOS INFORMATICOS SL, S.L. for the purpose of emitting a bill for the services provided as well as to inform you via electronic or regular mail of new promotions or commercial offers. We would also like to inform you that you can exercise your right to access, rectification, cancellation and opposition at C/ Nardo, 12 28250 – Torrelodones – Madrid. Use, treatment, reproduction or distribution of this information by third-parties is strictly forbidden. The contact data provided by the Customer shall be valid for all purposes with regard to this contract.
- – VAT not included. Payment will be made in advance upon signing.
- – Maximum length of the prepay voucher shall be 12 months. Once the initially contracted voucher has been used up the customer can request new mailing vouchers for 30 days to extend the use of the service without paying the service start-up fee.
- – The voucher contracted will be charged monthly. Messages not used at the end of each month cannot be accumulated.
- – Each email shall have a maximum size of 100 KB. If an email exceeds this weight, an additional email will be charged for each 100 KB extra.
- – Emails over the quota will be charged at €0.01 each. Additional source domains used without being contracted beforehand will cost €100 each.
- – Free plans must include the Mailrelay footer.
- – The free contract can be terminated by either party at any time without any penalty.
- – For every ten days that the payment is late or for any incident in the automatic payment systems due to causes imputable to the customer, CPC will charge an additional tariff of €15 in management expenses. CPC reserves the right to temporarily suspend service if there are any incidents in collection or if a payment is skipped until the problem has been resolved.
To clarify the operation of the service, we will define the cases considered abuse by Mailrelay, any of these cases will result in the termination of the service indefinitely.
- – Customers may only have a free account, even if they have multiple domains.
- – Free accounts can not send campaigns on behalf of other domains, also two free accounts can not send the same newsletter. If multiple domains send the same newsletter it will be considered abuse.
- – It is not allowed account to meet any of these conditions: housed in hosting or free email, newly registered domain, the same domain with several different extensions subdomains, not having corporate website with contact details visible and real.
- – When reports of SPAM are very high and cause the blocking of the outbound IP.
- – When the number of bounces exceeds 30% of the database.
- – A paying customer can not use a free account if he/she already has a paid account. If this happens, the free account will be deleted.
- – It is not allowed to send malicious emails, viruses, Trojans, pornography, advocating terrorism, illegal substances, etc. or any activities that are pursued by law.
- – It is not allowed to create an account to send emails directly or indirectly related to multilevel marketing and / or pyramid, also known as Ponzi schemes, either for free accounts or paid plans.