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Last updated: January 24th, 2016

Conditions of service

e-nautia offers a collection of Internet services through its website and its software. Services are provided by e-nautia, company located at 1 Place de l'Homme de Fer, 67000 Strasbourg (France) and registered at RCS Strasbourg 808 086 003, and are governed by the present conditions of use.

The user designates any person wishing to use one or several services provided by e-nautia.

The user declares that he has read, understood and accepted the present general conditions. He declares, moreover, that he is legally capable of giving his consent to these conditions and that he intends to fully conform to them, consciously and without restriction. If he is a minor or incapable, he declares that he has the authorization of a person who holds the authority of a parent, guardian or custodian. This person has the responsibility to supervise the activities of the minor or incapable user. We encourage parents to be intensely involved in the online activities of their children. We remind you that information of a violent, pornographic, or more generally shocking nature may be accessible on the Internet. It is therefore your responsibility to check the information your children look at.

All the rules, also on the site are part of these general conditions that the user undertakes to comply with.

1. Duration, member account and electronic identity

All users can register on the site and use the exclusive services assembled under the heading "member account". The user becomes a member user (also called e-naut).

The present conditions are agreed to for an indeterminate period of time. The user can at any moment refuse them by ceasing to use e-nautia' services and by deleting his member account, if he has one. As a security measure and to regulate any sums currently due, the cancellation of an account is subject to a one-month wait. During this time, the account will simply be deactivated and the user will be able at any time to cancel the deletion and reactive his account by reconnecting with his account.

All member accounts not having opened a session on the website for a year and not having any paid services will be considered as abandoned and will be deleted, after unsuccessful reminder letters through e-mail with a minimum wait of one month before expiration.

The "login" identifier, pseudonym, e-mail address, name and any element of user identification on e-nautia must not contain only generic terms, a brand name, an organization name and/or the name of a well-known person unless you own this name and/or a right to use it and are in a position to give evidence of this.

The user is the party responsible exclusively and legally for all published content and all activities performed by any intermediary on his account.

Use of a pseudonym is accepted. However, identity theft is prohibited. The user is not authorized to pass himself off as a person (living or dead), an existing organization or brand, unless he is this person or this entity or has obtained an authorization to represent this person or entity and can prove it.

The creation of several free accounts (that is to say, without paid services) per person, organization or brand is prohibited.

2. Privacy, confidentiality and security

e-nautia has put a confidentiality policy in place explaining how the user's personal data are treated and how the user's privacy is maintained.

In application of Article 27 of law no. 78-17 of January 6, 1978 relative to computing, files and liberties, the user has a right of access, of information, of modification and of withdrawal vis-à-vis personal data that concern you with e-nautia.

e-nautia has reasonable and appropriate methods in place to protect the user's data. However, no system, whether local or online, can claim to be infallible. Therefore, for more security, e-nautia invites the user to draw up and keep outside of e-nautia a backup copy of data hosted on e-nautia.

3. Illicit and prohibited use

Unless there is any indication to the contrary, the user is neither authorized to modify, copy, distribute, transmit, broadcast, represent, reproduce, publish, grant without license, transfer or sell any information, software, product or service obtained from e-nautia, nor to create works derived from these elements.

The user commits to not use e-nautia for purposes which are illegal or prohibited by the present agreement. The user commits to respect all applicable laws, whether they are local, national or international, and assumes entire responsibility for his use.

e-nautia reserves the right to refuse access to all or part of this website and its services to any user or IP address having been subject to illicit or prohibited use, unilaterally and without notice.

e-nautia reserves the right to delete or to deactivate partially or entirely a member account in case of illegal or harmful use of the account.

4. "Unlimited" feature of some services

e-nautia offers a certain number of services where there is no quota on access, use and/or space. In return, the user should not waste resources. Therefore, the data storage with no interest for the user is prohibited.

Any diverted use from what a service is for is prohibited. The uses too "greedy" disrupting the proper functioning of a service are also prohibited.

E-mails classified as deleted or as spam are automatically deleted at the end of 30 days.

5. Use of communication, downloading and uploading services

This website contains services which permit you to record and exchange messages or, more generally, has hypertext content and files which can be public or private. The user commits to only using these services to send and receive messages and information that are proper to the service concerned or have a relationship with this service. Some examples (not limited to these):
• Use the service for the purposes of a study or survey, a competition, a pyramid scheme, chain letters, junk e-mail, abusive multiposting, or any other mass or unsolicited transmission practices, commercial or otherwise (spamming).
• Using the space provided as a "trash can", filling the space with elements or files with the goal of saturating the service or sending files to your space that you don't use, don't need, or are not interested in.
• Defame, abuse, harass, stalk or threaten anyone, nor violate the rights of others in any manner (notably personal rights, including the right to privacy).
• Publishing, posting, downloading to a server, distributing or disseminating any subject, name, element or inappropriate intellectual information (or by rights of the person, including the right to privacy), unless you own these rights, exercise legal control over them, or have received all the necessary authorizations.
• Upload files to a server that contain software or other elements protected by intellectual property rights (or by personal rights, including the right to privacy), unless one holds these rights or exercises legal control over them, or unless one has received all the necessary authorizations.
• Upload to a server files which contain viruses, corrupted files or any other similar software or program able to damage the function of a computer.
• Download any file sent by an user when you know (or should know) that this is an illegal distribution.
• Falsify or omit any reference relative to the author, any legal reference, as well as any other reference to property rights or to the origin or source of the software or any other material contained in a file that is uploaded to a server.

e-nautia is not required to monitor all publications. However, e-nautia reserves the right, at any time and unilaterally, to edit, refuse to post, or remove all or part of documents or information that are illegal or contrary to current conditions.

Certain communication services may be public (visible to all users) or private. The user is invited to choose the appropriate recipients for each communication.

e-nautia does not control or approve the content of messages or information shared by users. Consequently, e-nautia excludes all responsibility relative to its contents. Senders of these contents are not authorized spokespeople for e-nautia and their opinions do not necessarily reflect those of e-nautia.

6. Disturbing or illicit content

In addition to the contents cited in the previous paragraph and to illegal contents, e-nautia reserves the right to prohibit contents contrary to its own policy of moral standards. For example, but not exclusively, pornographic, graphic, violent, hateful, hate-inciting or violence-inciting, or prejudicial content are prohibited. Likewise, links to this type of content is banned.

e-nautia invites visitors to report all content that does not conform to this policy, is illegal, or is contrary to current conditions.

7. Links to third-party sites

This website contains links to other websites run by third-parties. These links may be published by e-nautia or users and may leave the e-nautia site. e-nautia exercises no control over these websites and has no responsibility for their content, their quality, their deficiencies, or even any possible damages that may be incurred by their use. The inclusion of links to these websites does not signify that e-nautia approves of the material contained on these sites and does not necessarily imply any association between e-nautia and the owners of these sites.

There is an inherent danger in using any software downloaded from the Internet. e-nautia strongly encourages users to assess, as best they can, the risks they incur when they download software.

8. Transaction account and virtual currency

Each member has access to a "dodo" virtual currency account. These accounts can be added to by payment methods, promotional operations or payment between users.

Any paid sum is permanently and cannot give rise to refund.

In case of closing of the account, no refund will be done. The balance will be lost.

9. Commissions and monetization

e-nautia offers some services to generate income calculated from commission rates. e-nautia reserves the right to change the commission rates.

These incomes may be in virtual currency ("dodo") or in real money ("euro").

All content not complying with these General terms or illegal will be excluded from monetizing.

10. Payment to the user

Any payment in real money is made in euro only.

Only professionals are eligible for the payments in euros provided they submit an invoice in accordance with the requirements specified in the payment application interface implemented by e-nautia. To validate the payment, e-nautia may also ask for proof of identity.

The conversion of the dodos in euros is made on the basis of 100 dodos = 0.78 €. If VAT is applicable, it will be paid in addition of this amount. Any conversion is possible only from 1,000 dodos or 7.80 € VAT excl.

The conversion of the dodos in euros may be refused by e-nautia in case of breach these General terms.

The payment takes place within thirty days from the date of receipt of the invoice and is done by PayPal or by SEPA transfer.

11. Legal and tax obligations

The user of the services that may give rise to a real or virtual income acknowledges having been informed of administrative and fiscal obligations in force in his country and comply with them. The user also understands that the provision of paid services or the sale of products on a regular basis can be considered a professional occupation and require registration in his country.

The user agrees to pay all taxes and fees required by the public authorities in relation to his activities on e-nautia.

12. Gratuity, price and payment

e-nautia offers a certain number of services for free. Some services may be paid. In this case, the price is given prior to the activation of the service.

The user may choose between the following payment methods : bank card, SEPA withdrawal or PayPal.

The purchase prices include tax (VAT) when applicable according to the regulations of the European Union.

e-nautia reserves the right to modify its prices at any time.

Regarding the services in automatic renewal, e-nautia will notify the user by e-mail at least one month in advance of a price change if it is an increase.

The user can refuse any price change by ceasing use of the service and by suspending the automatic renewal prior to application of the new price.

13. Renewal and termination of paid services

Subject to a registered, valid method of payment in your account, renewal of paid services is done automatically.

Automatic renewal can be suspended online at any moment by the user following the termination link on the subscription page, once a subscription has been made.

In the case of non-renewal, whether automatic or manual, or of a payment default upon renewal, paid service is automatically terminated.

e-nautia offers a paid option allowing you to increase storage space for a given period. In the case of non-renewal of this service or in the case of a reduction in storage space, the user has five days, starting from the date of expiration, to bring the size of their occupied space below the new maximum size allowed. Failure to do so will automatically result in deletion of this data.

e-nautia also offers a paid option which allows the user to use his domain name for e-mail service. The DNS field configuration is chargeable to the user. In the absence of sufficient checking, or in the case of non-renewal of this option, after a period of five days, ownership of the domain name for e-nautia e-mail service will be suspended, and any e-mail inboxes will automatically be attributed to a free e-nautia e-mail address.

14. Availability, reimbursement and retraction

In case of unavailability of a paid service, the user can get a refund in dodos or in euros of 5% of the monthly price paid for this service per hour of downtime. Maximum refund per month is 50%.

In case of loss or damage of data stored by a user-paid service in which the fault lies with e-nautia, indemnisation constituting damages and interests corresponds with a month of paid service in proportion to the quantity damaged and/or lost.

Compensation for damages or reimbursement cannot be greater than the amount provided by the aforementioned conditions. Any claim must occur within 7 days from the failure date. No compensation or refund will be made after this period.

Unless otherwise agreed upon between the user and e-nautia or cases of force, any refund is done by the means of payment and in the monetary unit used in the payment of the refunded service. Potential bank or PayPal cashing fees remain the responsibility of the user.

There should not be any compensation related to a dysfunction of a service supplied free of charge.

The user consents to immediate execution of services purchased and renounces any right of retraction.

15. Advertisements

e-nautia also offers services allowing the promotion of content and links. In using these services, the user agrees to respect the local regulations of the geographic area they are targeting. e-nautia reserves the right to refuse any distribution subject to a specific regulation or contrary to current regulations. This may concern, among other things, tobacco, alcohol, health, gambling, arms, politics, religions, and sects. In any case, the user assumes entire responsibility for their advertisements.

16. Exclusion of responsibility

The information, software, products and services on this website may include technical mistakes or typos. This information is subject to periodic modification. e-nautia may make improvements and/or modifications to this website at any time.

All information, software, products, services, and graphic elements are provided as-is, with no guarantee of any kind relative to the information, software, products, services and graphic elements, notably any implicit guarantee of quality, adequacy to a particular usage, propriety or absence of counterfeit.

e-nautia will not be held responsible for direct harm, incidents, punitive damages, accessory, special, indirect or any other damages of any sort resulting from a loss of benefits related to the use or function of this website, or to a delay in the website, inability to use the website, supplying or defect in supplying services, or harm linked to information, software, products, services or graphic elements obtained from this website or resulting from the use of this website, whether this responsibility is contractual, criminal, or quasi-criminal, whether founded on liability without fault or other liability, even when e-nautia has been accused of the possibility of such damages.

17. Contact

For all questions or problems concerning this website, the user may contact e-nautia.

18. Changes to the present terms and conditions

e-nautia reserves the right to modify the terms, conditions and warnings under which this website and its services are offered to the user.

Members will be notified by e-mail of all changes to the present conditions and will have a month to accept or refuse the new conditions. If they refuse, members can remain under the old conditions for a month. Beyond that, they must cease to use e-nautia's services. In all other cases, the new conditions will be considered accepted.

19. General stipulations

The user hereby acknowledges that the use of e-nautia services is not authorized in countries where the present stipulations, including this paragraph, are not applicable. The user acknowledges that this agreement and the use of e-nautia services do not have the effect of creating a joint venture, a participation association, an employment relationship or a mandate between the user and e-nautia. The execution of this agreement by e-nautia is subject to current legal regulations and procedures, and no part of this agreement can prevent e-nautia from conforming to administrative and legal injunctions or to the demands of the application of the law regarding the use of services or information provided to e-nautia (or collected by e-nautia) relative to this use. If any stipulation of the present agreement is declared invalid or non-applicable regarding the laws in force, notably the exclusion of guarantee and the limitation of responsibility mentioned above, this invalid or non-applicable stipulation should be replaced by a valid or applicable stipulation, the content of which is as close as possible to the original stipulation, while all the other stipulations of the agreement will remain the same. The present agreement renders the entirety of the agreements between the user and e-nautia, and annuls and replaces all prior and concurrent communications and propositions, whether in electronic, written or oral form, between the user and e-nautia. A printed version of this agreement and any notices delivered electronically will be accepted in any judicial or official procedures stemming from or linked to this agreement, with the same heading and under the same conditions as the other documents and commercial registers created and conserved under the printed form. All rights not expressly granted herewith are reserved.

20. Governing law and jurisdiction

The present general conditions as well as, more generally, all relations between e-nautia and the user are governed exclusively by French law, independently of the place of residence of the user and even in the case of a conflict of laws. All litigation will be under the exclusive competency of the Strasbourg Tribunals. The simple use of the site or of a service offered by e-nautia constitutes the user's agreement to all the clauses of the present general conditions.

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