Terms & Conditions
lab9.pro, SIA hereinafter — the Contractor, on the one part, and a physical person, who have read and accepted these Terms and Conditions in electronic form according to the provisions of Section 6.1 of these Terms and Conditions, hereinafter — the Customer, on the other part, hereinafter collectively and individually referred to as the Parties, without fraud, delusion and compulsion, on the basis of the applicable laws of the Republic of Latvia, have entered into these Terms and Conditions as follows:
1. SUBJECT OF THE TERMS AND CONDITIONS
1.1. The Customer entrusts, but the Contractor in consideration of payment shall render the following mailbox server services:
1.1.1. register the Customer’s email account, with an account username and a mailbox size chosen, on the domain defined by the Customer;
1.1.2. maintain the Customer’s mailbox on the domain chosen by the Customer;
1.1.3. store the Customer’s e-mail data;
1.1.4. make the Customer’s e-mail accessible from anywhere in the world by using both web browser (webmail service) and email software, when being accessed via an active and stable internet connection, hereinafter referred to as the Services.
2. REGISTRATION OF THE DOMAIN
2.1. The Contractor shall register the domain chosen by the Customer and confirmed/approved by The Contractor.
2.2. The domain chosen by the Customer can be registered only if it is available at the moment of registration. The Contractor checks in the international database if the domain name chosen by the Customer is vacant. The Contractor is entitled to refuse to register the domain name chosen by the Customer if:
— at the moment of the domain registration the Contractor acknowledges that this domain is already registered in another person’s name;
— registration or use of this domain contravenes the applicable laws of the Republic of Latvia.
— domain is from a “premium” domain class with registration price over 50 EUR per year.
2.3. The domain chosen by the Customer is registered in the Contractor’s name and the Contractor owns all ownership and possession rights in respect of this domain and its use.
2.4. Customer acknowledges that the domain chosen by it can contain other independent email accounts and mailboxes, registered to and possessed by other parties, or that such possibility may be true in the future.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. After approval of these Terms and Conditions the Contractor shall place the Customer’s email account on the domain chosen by the Customer, as well as perform other obligations stated in these Terms and Conditions upon condition that the Customer performs his obligations according to the provisions of these Terms and Conditions.
3.2. The Customer undertakes to settle invoices with the Contractor in a timely manner pursuant to Section 4 of these Terms and Conditions.
3.3. The Customer undertakes obligation to prevent the presence, placement or storage of the following information in any of Customer’s mailboxes:
3.3.1. information which, according to the Contractor is a government secret or a secret especially protected by law; promotes violence or the overthrow of the prevailing order, cruelty, racial, national or religious hatred or intolerance, incites to the commission of other crimes;
3.3.2. materials of prejudicial investigation without the written permission of the prosecutor or investigator;
3.3.3. contents of the correspondence and telephone conversations without the permission of the addressee and/or author or their heirs;
3.3.4. information which, according to the Contractor, is being used for intrusion into private life;
3.3.5. information which, according to the Contractor, affects the honour and dignity of physical persons and legal entities and discredits them;
3.3.6. data on the person's health condition of persons without their permission;
3.3.7. commercial and patent secrets without the permission of their owner;
3.3.8. information which, according to the Contractor, allows to identify a child’s identity suffered from the illegal act, minor offender or witness, unless a permission is obtained from the persons and institutions specified in the Law on the protection of children rights;
3.3.9. child pornography and materials which demonstrate cruelty against children;
3.3.10. information which, according to the Contractor, is of erotic or pornographic nature;
3.3.11. data and materials which, according to the Contractor, violate or may violate author rights (e.g. illegal software, musical compositions, links to pages containing such software or software used to “hack” other programs — crack);
3.3.12. physical person's data without their permission;
3.3.13. information which, according to the Contractor, is an advertisement of gambling games, which is placed outside the places for organization of gambling games;
3.3.14. other information and materials which, according to the Contractor, are illegal or concern the rights and interests of third parties.
3.3.15. information which, according to the Contractor, is treated as spamming, i.e. unsolicited messages sent over the Internet to a large number of users.
3.4. The Contractor may at any time, and without a warning block the access to the Customer’s e-mail account in the event the Contractor finds that the Customer has violated Section 3.3 of these Terms and Conditions. In such case the Customer is obliged to eliminate all violations found by the Contractor within 2 (two) business days of the moment of receiving of the relevant notice from the Contractor. If the Customer fails to eliminate the violations found by the Contractor, or the information or materials, which had to be removed, remain in any of Customer’s mailboxes due to any reason, the Contractor has the right to eliminate such violations independently and without a warning.
3.5. The Contractor is entitled to suspend the Service without previously warning the Customer in cases which, in the Contractor’s opinion, cause or can cause a disturbance or threat the performance of Contractor's Service provision computational system.
3.6. The Contractor does not guarantee sending and receiving of the Customer’s e-mails in the event there has occurred a problem due to the third party’s fault, including but not limited to: if mailbox servers not owned by the Contractor have turned out to be inoperative during the course of the e-mail transmission, or if the Contractor has classified a certain e-mail, or a chain of e-mails as spamming.
4. PAYMENT PROCEDURE
4.1. For e-mail maintenance the Customer shall pay the Contractor a monthly remuneration by the 10th (tenth) date of each month, depending on the size of the mailbox, according to the current pricelist of the Contractor which is available on the Contractor’s web page — https://mycustom.email
4.2. The Parties agree that the payment shall be recognized as paid to the Contractor starting from the moment when the relevant assets have arrived at the Contractor’s bank account.
4.3. In the event the Customer violates the payment term specified in these Terms and Conditions, the Customer in addition to the overdue payment undertakes to pay the Contractor contractual penalty in amount of 0,5% from the overdue sum for each day of delay. In such case the Contractor is entitled to cease the provision of Services until the moment the Customer settles all his debt obligations arising out of these Terms and Conditions.
5. DISPUTE RESOLUTION AND LIABILITY OF THE PARTIES
5.1. All disputes and disagreements arising out of these Terms and Conditions or in connection thereto, the Parties shall resolve by means of negotiations. If the Parties fail to reach an agreement by means of negotiations, the dispute shall be resolved in the courts of the Republic of Latvia according to the laws of the Republic of Latvia in force.
5.2. The Parties are liable to each other for the failure to perform their obligations prescribed in these Terms and Conditions in accordance with the applicable laws of the Republic of Latvia.
5.3. The Contractor shall not be liable for unavailability of the Customer’s e-mail, as well as for disappearance, change, or destruction of the information and materials located on the Customer’s e-mail account, if it did not occur through the Contractor’s fault and/or if it occurred due to the force-majeure events such as fire, explosion, earthquake, flood, tsunami, hurricane, tornado, typhoon, lightning, snow storm, magnetic, storm, sand storm or another storm, glaze ice, snowdrifts, meteoric impact or impact of other celestial bodies, landslide or other natural disasters, accident, strike, embargo, boycott, interversion, military occupation, revolution, military rebellion, mass rioting, colonization, quarantine, epidemy, terror act, political takeover, military or anti-terrorist actions of any kind, prohibition acts and actions of government or self-government authorities, failure or breakings of communication, including voltage spikes in electric grids, illegal acts of third parties, infiltration of computer viruses and activities, as well as other circumstances of emergency nature, which the Contractor could neither foresee nor prevent by means of reasonable measures.
5.3.1. The Contractor shall not be liable for unavailability of the Customer’s e-mail, as well as for disappearance, change, or destruction of the information and materials located on the Customer’s e-mail account, if it occurred as a result of a third parties' illegal and/or malicious intrusion/intent and/or access, and for any consequences that may arise from that.
5.4. The Customer shall be liable for compliance with Section 3.3 of these Terms and Conditions. If the Contractor discovers that the Customer has violated the conditions of Section 3.3 of these Terms and Conditions, the Customer undertakes to compensate the Contractor all the damages caused to the Contractor as a result of such violation in full.
5.5. The Customer shall be liable for the activities performed in the Customer’s e-mail account and shall personally compensate the damages caused to third parties.
5.6. The Contractor shall not be liable for the contents of the information located in any of Customer's mailboxes.
5.7. The Contractor shall not be liable for the consequences of the e-mail sending or any other activities performed by the Customer during the course of using the Services.
5.8. The Contractor shall not be liable for the damages suffered by the Customer or the third parties due to the use or unsuccessful use of the Services, or any consequences that arise from these activities..
5.9. The Customer undertakes to use the Internet in a legal manner, without causing damages to the Contractor or the third parties through its direct or indirect actions.
6. VALIDITY TERM, PROCEDURE FOR AMENDMENT, SUPPLEMENT AND TERMINATION OF THE TERMS AND CONDITIONS
6.1. These Terms and Conditions come into force and are binding for the Parties from the moment the Customer has approved these Terms and Conditions in electronic form by checking the box “I agree with terms and conditions”. The fact that the Customer is using the Services as per the present Terms and Conditions confirms that the Customer has accepted the provisions of the present Terms and Conditions.
6.1.1. The date of conclusion of these Terms and Conditions shall be the date of entry into force of the Terms and Conditions the act of which is recorded in an electronic form.
6.1.2. By approving the Terms and Conditions, the Parties acknowledge and confirm that the Terms and Conditions concluded in electronic form, as well as invoices and all correspondence sent in electronic form to the electronic addresses of the Customer and Contractor have legal force and are binding on the both parties.
6.1.3. Customer shall be notified of any changes to the Terms and Conditions and/or Service prices by an e-mail. No written confirmation from Customer is required for agreeing with the changes to the Terms and Conditions and/or Service prices.
6.1.4. If the Customer is not agreeing with the changes to Terms and Conditions and/or Service prices it has the right to terminate the existing, last agreed upon Terms and Conditions by immediately notifying the Contractor in written form. As a result of this, the points 6.3. and 6.4. of the last agreed upon Terms and Conditions shall take effect. Failure to do so, and continued use of Services by the Customer constitutes Customer's acceptance with the changes to the Terms and Conditions and/or Service prices.
6.2. The Contractor shall have the unilateral right to terminate these Terms and Conditions beforehand with a 14 (fourteen) days’ prior written notice to the Customer. The Customer shall have the right to terminate these Terms and Conditions beforehand unilaterally, either:
a) with a 14 (fourteen) days’ prior written notice to the Contractor, by means of sending a notification to the Contractor’s postal address, or:
b) by refusing to pay the Contractor’s invoice in respect of the next period of using the Services.
6.3. Upon termination of these Terms and Conditions, the Contractor shall cease rendering the Services and the Customer shall empty the contents of the Customer’s mailbox within 2 (two) weeks from the date of termination of the Terms and Conditions. Upon the expiry of this term the Contractor is entitled to delete any of Customer's mailboxes and its account. The Contractor shall not undertake the obligation to keep the Customer’s settings and data after the termination of the Terms and Conditions.
6.4. Upon termination of these Terms and Conditions the domain chosen by the Customer shall remain the Contractor’s property. The Contractor shall not prolong the registration of the Customer’s e-mail account and its maintenance on the chosen domain, and the Customer is aware that further on the former corresponding username on the chosen domain can be registered and use rights passed to any other third party’s name.
7. FINAL PROVISIONS
7.1. These Terms and Conditions imply full understanding of the Parties involved, the Parties have read them and agree to all of their sections. The Parties confirm that they understand the contents and consequences of the Terms and Conditions, as well as that the Terms and Conditions are entered into voluntarily, based on the interests of both Parties. All sections of these Terms and Conditions are agreed to between the Parties.
7.2. In all other respects not specified in these Terms and Conditions, the Parties shall be governed by the applicable laws of the Republic of Latvia.
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Contacting Us
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lab9.pro, SIA
VAT ID: LV44103127320
Miera iela 15 k-1, Rīga,
LV-1001, Latvia