The following is agreed and stipulated:
Mailsenpai.com – Via Agnello
20121- Milano (MI)
These general contract conditions have as their object the rules applicable to the service rendered and offered by (Mailsenpai.com) as better described on the website www.mailsenpai.com.
2. ASSIGNMENT OF THE IDENTIFICATION CODE AND CONFIDENTIALITY
Access to the service provided through the Mailsenpai platform is allowed through credentials, a User identification code (UserID) and a “keyword”, which will be communicated by Mailsenpai exclusively to the reference email communicated by the User at the time of subscription. of the contract. The User is required to diligently keep these credentials, keeping them secret for the entire duration of the contract. The User will therefore be solely responsible for any damage caused, both to himself and to Mailsenpai, by the knowledge, or use, of the password or UserID by third parties. The User undertakes to notify Mailsenpai (mailsenpai.com), immediately and exclusively by email, of any modification, theft, loss, loss or appropriation for any reason by third parties of the password or UserID.
3. DURATION OF THE CONTRACT, RENEWAL, WITHDRAWAL, FEES
This agreement will take effect from the date of completion indicated on the order confirmation, on the confirmation of
activation of the service, on the online confirmation and will be considered valid and effective for 1 year or for the different period indicated in the economic offer. Upon expiry, this agreement is automatically renewed for periods of time of equal duration, unless terminated by the Parties with a notice of at least 60 days by registered letter with return receipt. or PEC. During the period of validity of the contract, the customer will have the possibility to request the activation of additional services, according to the costs indicated on the site https://www.mailsenpai.com. These services, regardless of the date of their activation, will have the same duration as this contract, therefore in the event of renewal of the contract, the customer will also be required to pay the annual fee or the fee established for the different period indicated in the economic offer.
The Services are provided by subscription by Mailsenpai to the Customer upon payment by the Customer of the consideration, as reported in the Economic Offer, unless otherwise agreed in the order form and / or in the individual economic offers that the parties will sign for this purpose. during the term of the contract and which will be an integral part of this agreement.
Economic offer means the sales prices applied to this contract which are available online, depending on the product purchased; or specified in detail in the specifically signed Purchase Order.
4. OWNERSHIP OF THE APPLICATIONS AND MATERIALS GRANTED FOR USE TO THE USER
All Mailsenpai (mailsenpai.com) programs, including supports and documentation, remain in the full and exclusive property of the same, the User having only the availability of them in use limited to the period and the methods referred to in this contract.
5. CHARACTERISTICS, LIABILITY AND METHOD OF THE SERVICES RETURNED BY Mailsenpai (mailsenpai.com) INTERRUPTION OF THE SERVICE
The service will normally be available 24 hours a day, every day of the year, except during any ordinary or extraordinary maintenance which may result in its suspension and which will not normally last for more than 48 working hours. Should Mailsenpai (mailsenpai.com) nevertheless interrupt the service for a duration exceeding that indicated above, reserving the unquestionable right also for absolutely exceptional technical reasons, or due to the lack of safety and / or guarantee standards of the confidentiality of the data normally adopted by it in the interest of the user, the User will be promptly notified of this interruption.
In any case Mailsenpai (mailsenpai.com) will not be liable for any damages deriving from interruptions of the service, no guarantee being given by the same for the continuity of the same, as well as for the integrity of the data stored or sent through the Mailsenpai system ( mailsenpai.com) and / or through the internet.
In no case Mailsenpai (mailsenpai.com) will be held responsible for the malfunction of the services deriving from the responsibility of telephone lines, electricity and world and national networks, such as failures, overloads, interruptions, etc.
Mailsenpai (mailsenpai.com) declines all responsibility for damages deriving from the inability to provide the service due to events of force majeure and / or unrelated to its will (wars, calamities, popular uprisings, cyber attacks in any form etc.)
No compensation for damages can be requested from Mailsenpai (mailsenpai.com) for direct and / or indirect damages caused by the use or non-use of the services.
Mailsenpai (mailsenpai.com) cannot be held responsible for non-fulfillment of its obligations arising from causes beyond the sphere of its foreseeable control or from force majeure.
The user undertakes to hold harmless from all losses, damages, liabilities, costs, charges and expenses including any legal fees that may be incurred or incurred by Mailsenpai (mailsenpai.com) as a consequence of any breach of the obligations undertaken and guarantees provided by the user with the signing of this contract or subscription form and in any case connected to the entry of information in the space provided by Mailsenpai (mailsenpai.com), even in the event of compensation for damages claimed by third parties for any reason.
The customer releases Mailsenpai (mailsenpai.com) from any civil and criminal liability for the illegal use of the services used by him and his customers.
Neither party is responsible for failures attributable to causes of fire, explosion, earthquake, volcanic eruptions, landslides, cyclones, storms, floods, hurricanes, avalanches, war, popular uprisings, riots, strikes and any other unpredictable and exceptional cause that prevent from providing the agreed service.
6. CORRECT USE OF THE SERVICE RETURNED BY Mailsenpai (mailsenpai.com)
6.1. It is expressly excluded the possibility of assigning this contract to third parties, free of charge or for consideration, temporarily or permanently, without the written consent of Mailsenpai (mailsenpai.com).
6.2. With reference to the service rendered, the User is expressly prohibited from activating software components whose installation affects the operating system of the Mailsenpai Server (s) (mailsenpai.com) or which in any case alter the configuration registers of the same / s. , or which in any case interfere with the network to which the servers are connected, as well as the improper or unauthorized use of authorized components, causing instability of the system owned by Mailsenpai (mailsenpai.com) or any other script whose illicit use is obvious.
6.3. the user also acknowledges that Mailsenpai (mailsenpai.com) does not allow the use of the service provided for:
– spamming, or sending unsolicited and unwanted messages, including through the use of mail grabbing in accordance with current regulations;
– carry out correspondence against morality and public order or for the purpose of harassing public or private peace, causing offense, direct or indirect damage to third parties;
– unlawfully intercept, prevent, interrupt computer and electronic communications and / or reveal their content;
– violate, steal or suppress information or electronic correspondence between third parties;
– communicate online in an offensive, insulting and / or defamatory way;
– violate the privacy of other network users;
– to contravene directly and / or indirectly the laws in force of the Italian state or other state.
– Mailsenpai (mailsenpai.com) has the right to cautiously suspend, at its sole discretion and for all the time necessary for the verifications, the provision of the service, subject to communication also via e-mail, in the event of instability / damage to the system attributable as established in point 6.2, as well as for failure to comply with point 6.3.
7. NORMAL / ACCEPTABLE USE OF RESOURCES
7.1 Mailsenpai (mailsenpai.com) does not provide unlimited resources to the customer. In order to maintain a quality service at a reasonable price, Mailsenpai (mailsenpai.com) insists that customers do not abuse the resources made available in order to negatively affect the overall quality of the service provided to other customers.
7.2 With regard to the services rendered, all the plans offered have specific resource limits that the customer accepts at the time of purchase.
These thresholds cannot be crossed except with a passage to a higher class floor.
Exceeding the limits involves the automatic suspension of the service. It is the customer’s responsibility to contact Mailsenpai (mailsenpai.com) in good time if he or she expects to incur a suspension. In case of suspension, the customer has the right to request free reactivation of the
service in the following cases:
- Overuse: the customer has the right to request free reactivation while remaining within the limits defined for the service purchased;
In the event that the service is automatically suspended by our systems due to exceeding the limits defined by a certain plan, the customer has the right to make the purchase to upgrade the plan to a higher class by communicating it to Mailsenpai (mailsenpai. com), this update will be carried out and activated by the administrative department on working days and during working hours (09: 00/13: 00 – 15: 00/18: 00) at the same time the service that has exceeded the limits will remain suspended and inaccessible unless the customer has expressly requested its temporary reactivation. It is understood that as long as the customer is below the thresholds of his plan, the service will be provided regularly.
8. CORRECT USE OF THE SERVICES
The use of internet services to other nodes of the internet not in the management of Mailsenpai (mailsenpai.com) will be subject to the limitations and responsibilities established by each service manager and must be carried out in compliance with the laws in force in the host countries of said nodes. and services, international legislation on the subject, as well as regulations for the use of the networks and nodes concerned.
The user guarantees to Mailsenpai (mailsenpai.com) that any material placed on the internet, which is attributable to the same by virtue of the identification code and / or password, is original and that any extracts of material protected by copyright, used by the User will be entered only and exclusively with the written authorization of the owner of the right, with the user’s obligation, pursuant to this contract to in any case mention the source and existence of the authorization.
In any case, the User also guarantees that said material does not violate or violate any copyright, trademark, patent or other right protected by law, contract and custom. The User also acknowledges that it is forbidden to use or allow others to use Mailsenpai (mailsenpai.com) and the internet by correspondence against morality and public order or for the purpose of harassing the public peace or private, to cause offense, or direct or indirect damage to anyone and to violate or attempt to violate the secret of private messages; in any case, the information provided by the User must not present forms or contents of a pornographic, obscene, blasphemous or defamatory nature. However, it is explicitly forbidden to use Mailsenpai (mailsenpai.com) and / or the internet to contravene directly or indirectly the laws in force of the Italian state or any other state. In case of violation of the aforementioned prohibitions which are expressly referred to for this purpose, the contract must be considered terminated pursuant to art. 1456 of the Italian Civil Code, due to the User’s sole fault and fault, without Mailsenpai (mailsenpai.com) being obliged to refund, even in part, the amount paid by the User and without prejudice to any other action of recourse and / or compensation against those responsible for the violations. In any case, the User undertakes to indemnify and hold Mailsenpai (mailsenpai.com) and / or its agents harmless from any prejudice and / or damage resulting from their illegitimate activity.
10. USER DUTIES
The user is obliged to keep constantly updated the data – both personal and technical – entered by the same in the control panel at the time of the conclusion of the contract or subsequently, undertaking to immediately notify Mailsenpai (mailsenpai.com) of any possible them variation. The customer is, therefore, responsible for the accuracy and timeliness of the data reported and for any consequences deriving from the failure to update them.
11. EXPENSES FOR THE USE OF THE TELEPHONE LINE
The costs of using the telephone line to connect to Mailsenpai (mailsenpai.com) and the necessary equipment are charged to the User.
12. PAYMENT OF THE CONSIDERATION, DELAYED PAYMENT AND INTERESTS FOR ARRANGEMENTS AND SUSPENSION OF THE SERVICE
Payments will be made by the User in the manner indicated in the contract. Failure to promptly pay, even partially, the amount due to Mailsenpai (mailsenpai.com) will ipso jure result in the termination of the contract pursuant to art. 1456 of the Civil Code due to the fact and fault of the User with consequent loss of data and the consequent compensation for damages in addition to the payment of the amount due. If Mailsenpai (mailsenpai.com) does not make use of the option granted to it by the aforementioned termination clause, the delay in payment by the User will give rise to the payment of an interest on arrears of 5% higher than the legal one by the User, with contextual right of Mailsenpai (mailsenpai.com) to suspend the provision of its service in any case.
13. TERMINATION AND EXPRESS TERMINATION CLAUSE
In all cases of non-fulfillment of the obligations referred to in art. 2, 6, 7, 8 and 10 of this contract, Mailsenpai (mailsenpai.com) will have the right to terminate this contract pursuant to art. 1456 of the Civil Code, without being required to return the amount paid by the User in advance for amounts and / or services not yet used, without prejudice, in any case, to action for recourse and compensation for further damages suffered.
14. APPLICATION OF VAT
For the purposes of applying VAT to contractual payments, the provisions of Presidential Decree 633/72 and subsequent amendments apply.
15. TAX CHARGES
Any expense, tax or fee relating to this contract is charged to the User.
16. CHANGE IN THE PRICE
Mailsenpai (mailsenpai.com) reserves the right to change the price of the services offered by notifying it online on the website https://www.mailsenpai.com. For contracts in progress, in the case of renewal of the contract pursuant to art. 3 of this contract, the new price in effect at the time of renewal will apply. If the price change has occurred in the last 30 days of validity of this contract, and the User has not made use of the right of withdrawal referred to in the previous art. 3, the User will have the right to withdraw from this contract by notifying Mailsenpai (mailsenpai.com), by certified e-mail or by registered letter, within 30 days from the moment in which he became aware of this change.
All communications relating to the contract will be sent to the addresses indicated by the parties in this contract with priority to the e-mail address. The user undertakes to promptly notify any changes in the same, in particular the reference e-mail indicated upon conclusion of the contract.
18. GENERAL PROVISIONS
This contract cancels and replaces any other previous agreement that may have occurred between Mailsenpai (mailsenpai.com) and the User with regard to the same object, and constitutes the full manifestation of the agreements concluded between the parties on this subject. Any modification to this contract must result from a written deed signed by the parties. Any tolerances by one of the parties of behaviors that are in violation of the provisions of this contract do not constitute a waiver of the rights that are due to that party under the contract itself.
19. CONTRACT PRINTING OBLIGATION
In relation to the case of the remote contract referred to in Legislative Decree 185/99 as applicable to this contract, the User is required to print or save this contract complete with all its parts on a computer medium.
20. CONFIDENTIALITY AND PROCESSING OF PERSONAL DATA
21. APPLICABLE LAW
The contracting parties agree that the provisions of this contract are governed by the laws and regulations of the Italian state.
22. EXCLUSIVE JURISDICTION
For any dispute that should arise, the Court of Trani will be exclusively competent.
Pursuant to and for the purposes of art. 1341 and 1342 of the Italian Civil Code declares to have read clear and exact vision and to expressly and specifically approve the following clauses:
3. Duration of the contract, renewal, withdrawal.
5. Characteristics and methods of services rendered by Mailsenpai (mailsenpai.com) Service interruption.
6. Correct use of the service provided by Mailsenpai (mailsenpai.com)
12. Payment of the consideration. Late payment and interest on arrears and suspension of the service.
13. Termination and express termination clause.
16. Change in price.
20. Confidentiality and processing of personal data.
21. Applicable law.