updated on Wed Jan 11 12:00:27 UTC 2012

[aur-mirror.git] / memopal / license

In Summary
The data belongs to the client. We allow no one else to access it.

We have the utmost commitment to not lose even one file, in case of data loss, Memopal shall pay the customer an amount no greater than the sum of fees paid over the past 3 (three) years for that specific user account.

Terms and Conditions of Sale

1. General aspects

1.1 Important Information
This contract outlines the terms and conditions governing the services that Memopal offers to its customers. By registering, utilizing and purchasing Memopal services, the customer accepts and agrees to the following terms and conditions.

1.2 Memopal Services
Memopal supplies services to protect and organize digital data that is available to the subscriber under the terms and conditions of the contract.

1.3 Definition of Terms
Memopal s.r.l. may be referred to as: 
"Memopal" , "we" , "our" , "company" , "service" . 
The customer may be referred to as: 
"customer" , "client" , "user" , "subscriber" .

1.4 Effectiveness
If any of the provisions in this contract are declared null and void, all of the other contract provisions will remain fully effective.

2. Contract duration
2.1 Right to cancel
In compliance with current law, the user has a period of 10 (ten) days after purchasing the service to exercise the right to cancel without any penalty and without explanation.

2.2 Notification of upcoming expiration
Memopal will notify the User of this contract's expiration by e-mail. If the subscription is not renewed, the data will be stored in Memopal's servers according to the provisions stated in article 2.3.

2.3 Data recovery in the case of contract termination or service period expiration
In the case of contract termination or after the service period has expired, Memopal guarantees customers the possibility of data recovery for 15 (fifteen) days after the above-mentioned date. If necessary, Memopal will send the data on physical media (such as: hard-disk) via mail or courier at the customer's expense. Customers may request cancellation of their data from Memopal storage at any time and the request will be granted within 7 (seven) working days. If the user does not explicitly request cancellation, Memopal will store the customer's data exclusively for technical reasons up to a maximum of 90 (ninety) days after expiration of the contract.

3. Customer obligations
3.1 User ID e Password Responsibility
The customer is solely responsible for the identification data (User ID and Password) required to use our services and for any activity which derives from their use.

3.2 Notification of unauthorized use
If customers become aware of any misuse of their account and Memopal service subscriptions they should notify info@memopal.com immediately .

3.3 Allowed Use
The customer undertakes to utilize the Memopal service in compliance with current regulations.

3.4 Responsibility for data and data content
The customer is solely responsible for the data stored and its content.

4. Memopal service
4.1 Service
Memopal will use every utilizable technical method to guarantee:

i.vsafe data storage and protection from third-party intrusion
ii. recovery of stored data in the shortest time possible.
4.2 Modifications to or changes in the terms of service and the contract
Memopal reserves the right to modify the terms and conditions of the contract and the service upon renewal of the contract. The company also reserves the right to cancel, modify, suspend or terminate the service, fully or in part, after having notified the User via email at least 60 (sixty) days preceding the cancellation of service. In that case the User shall be indemnified proportionately for the period of service that was not provided. Customers may recover their files for 15 (fifteen) days after the cancellation of service. 

The User may extend the subscription in any moment by purchasing more storage space or by extending the duration of the service.

4.3 Service Level Agreement and extraordinary Maintenance
Memopal services are supplied “as is” and they are utilized to protect data through state of the art methods. Memopal guarantees the accessibility of the data contained in its system 99% of the time. The User acknowledges that the service may be interrupted temporarily for extraordinary maintenance. In that case Memopal:

i. may not be held responsible for consequences which may derive from interruptions
ii. will inform the User of interruptions that are longer than 3 hours through the site and by email for interruptions that are longer than 12 hours.
5. Responsibility
5.1 Limitation of responsibility and guarantee
In case of data loss, Memopal shall pay the customer an amount no greater than the sum of fees paid over the past 3 (three) years for that specific user account. Customers who are dissatisfied with the service may request cancellation of the contract: no reimbursement will be made if voluntary withdrawal takes place after 10 days from the date the service was purchased.

5.2 Illegal data
Memopal is not authorized to inspect data stored by the User and therefore Memopal is not responsible for any illegal data or data that was acquired in an illegal manner. Memopal informs that it is required to cooperate with any judicial authority that is authorized to inspect the data stored on its servers. Any illegal data which may be identified by delegated judicial supervisory authorities shall be removed from Memopal's servers.

6. Termination
Memopal has the right to terminate the contract if:

i. the customer acts in a manner that is not compliant with this contract or with any of the provisions in it
ii. the customer has failed to pay fees or other sums that are owed to the company
iii. Memopal retains that the customer's actions could give rise to legal responsibilities for the customer, for other customers or for Memopal.
7. Intellectual Property
Memopal is the sole owner of the software utilized to provide the service and all the related documentation. Memopal provides the User the right to utilize the software: that right may not be used for purposes other than those envisioned by this service.

8. Personal Data Protection
The User identification data will be utilized exclusively to process this contract. Memopal complies with current regulations regarding privacy protection and will not transmit personal data to third parties, except to sub-suppliers or other persons who are involved in providing the service.

9. Legal Jurisdiction
This contract is governed by current regulations. For any legal questions, jurisdiction falls to the Court of Rome, Italy. These general provisions are valid starting on April 1, 2008. 

For any questions please contact info@memopal.com