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EULA - End User License Agreement

MOMAIL’S CONDITIONS OF USE

This version applies from 1 st of October2008 until further notice.

IMPORTANT: READ CAREFULLY THROUGH THESE CONDITIONS OF USE BEFORE REGISTERING OR USING MOMAIL’S SERVICES.

1. Agreement on Momail’s Services

1.1 Momail AB, Company Registration No. 556694-9151, of Box 60084, 216 10 Limhamn, Sweden (“Momail”) offers users the opportunity to use Momail’s information, services and programmes in different ways for e-mail solutions for mobile/portable handsets (“the Services”) on the following conditions.
1.2 The services consist of Basic Services and Additional Services. A description of the content of the Services etc. is available on Momail’s website www.momail.se.
1.3 The Services are built, for instance, upon the fact that Momail offers advertisers and other collaborating partners (together referred to as “Partners”) the opportunity to send advertisements and other marketing (“Advertisements”) to the users of the Services. The Advertisements can be based, for example, on the content of information that users store within the Services’ framework, on enquiries made through the Services or other information which can be derived from how users access the Services.
1.4 You will have the right and opportunity to use the Services by accepting these conditions of use (”the Conditions of Use”). By accepting these Conditions of Use, you enter into an agreement with Momail (“the Agreement”) Against the background of problems regarding, for instance, security, ethics and integrity, and of responsibility on the Internet and through e-mail, the Conditions of Use, are intended to regulate what applies during use of the Services.
1.5 You accept the Conditions of Use either through registering as a user on Momail’s website and clicking on the button marked “I accept the Conditions of Use”, or by using the Services without registering beforehand, whereby a binding Agreement between you and Momail will come into force in accordance with what is specified in these Conditions of Use.
1.6 Certain Additional Services will be offered in collaboration with Momail’s subcontractors. When using such Additional Services, it may be necessary for you to accept further conditions. When this happens, any information on the additional conditions of use will be given via Momail’s website.
1.7 You may not use the Services, and may not accept the Conditions of Use (a) if you are not old enough to enter into a binding agreement with Momail, or (b) if you are prevented from receiving or using the Services under legislation applying in the country where you are residing, or from which you are using the Services.
1.8 You affirm that the information you supply to Momail is correct and up to date. You also take responsibility for updating this information as necessary.

2. Payment for the Services

2.1 Use of the Basic Services is free of charge, unless otherwise stated at the time of use or in other conditions accepted by you.
2.2 In return for Momail giving you access to, and a right to use, the Basic Services free of charge, you agree to receive Advertisements on your mobile/portable handset, and within the Services’ framework.
2.3 Momail may offer a number of Additional Services for a fee, where one of the Additional Services means that you may unsubscribe from receiving Advertisements. The fee for this Additional Service will be provided on Momail’s website when ordering the service.
2.4 The Services do not include the provision of a telephone network, equipment, software or similar that is required for you to be able to use the Services. You are personally responsible for all costs, fees and other charges arising from your use of the Services. In particular, you are responsible for costs from your telephone operator, for monthly subscription charges, for data transfer charges, or other additional costs from telephone operators in connection with your use of the Services.

3. Handling of information and personal data

3.1 Momail safeguards your personal integrity and maintains high security standards in order to prevent infringement by unauthorised persons. When registering and using the Services, you may be asked to provide certain data about yourself, such as your name, user name, e-mail address, alternative e-mail address, telephone number, postal address etc. Information about your name, telephone number or e-mail addresses other than that which you receive from Momail is private and confidential. Momail will not reveal this information to any unauthorised person. Momail may, however, reveal your Momail e-mail address to Partners with the object of marketing, under the conditions specified in paragraph 2.2 above. Data may also be revealed to authorities if there is suspicion of an offence being committed or as otherwise required by law.
3.2 Momail will use your personal details, such as your user name, e-mail address, name, telephone number, address etc. in order to give you support while you use the Services, and for marketing the Services.
3.3 Momail will handle those data you provide about yourself and information about how you use the Services. This will be done in accordance with personal information legislation. Personal data will be managed for the following purposes:
a) for the supply and administration of the Services;
b) for quality control work, analysis and development of the Services;
c) for marketing purposes via Advertisements aimed at you or for offers made to you which fit in with Momail’s Services, or products or services supplied or marketed by our Partners;
d) for publishing statistics about the Services; and
e) for the fulfilment of obligations laid down in law or the directives of public authorities.
3.4 Momail AB is a legal entity which is the personal data controller for the Services, under the applicable Swedish personal data protection legislation. You have the right, on a year by year basis and upon written request to Momail, to obtain information on which personal data about you Momail is handling. You also have the right to demand that incorrect data are corrected, blocked or erased. You may also notify us, in writing, at any time, that you do not wish to receive direct marketing in the form of Advertisements. However, if you inform Momail that you do not wish to receive Advertisements, you will no longer have the right to use the Services unless you pay a fee in accordance with paragraph 2.3.

4. Proprietary rights to Momail’s material

4.1 Copyright and other intellectual property rights to Momail’s trademarks, Advertisements or other material that may be provided to you within the framework of the Services (“Material”) belongs to Momail or its Partners. You may not, in whole or in part, change, copy, forward, sell, lend or in any other way dispose of such Material, unless you have received specific permission to do so from Momail or its Partners.
4.2 Momail reserves the right (but shall have no obligation) to wholly or partly check beforehand, examine, label, filter, change, prevent or remove Material from the Services. In connection with certain Services, Momail may supply tools which filter out sexually explicit material.
4.3 When using Momail’s software, the particular conditions of which Momail may notify you, or which they may supply in connection with your use of the software in question, will apply. If no such particular conditions exist, when you use the Services, you will be given a non-exclusive and non transferable right to use Momail’s software and Material for private purposes within the framework of these Conditions of Use. This applies, amongst other things, but not exclusively, to text, software, source code for HTML, Java and Flash, photographs, videos, graphic material, music and sound files.
4.4 You may not dismantle, decompile or reverse compile any software or anything else provided by Momail or any other copyright protected material included in the Services, apart from, and only, to the extent specifically permitted by law.
4.5 Furthermore, you do not have the right to duplicate, forward, market, publish, exhibit or present in public or in any way exploit Material in any business capacity or for any other commercial purpose. Momail reserves all other rights to the software and anything else provided by Momail, or of any other protected Material.

5. License to your material

5.1 You reserve the intellectual property rights that you already have in relation to the material you submit, upload or show on or through the Services. By sending in, uploading or displaying the material, you grant to Momail a permanent, irrevocable, global, royalty-free and non-exclusive license to duplicate, adapt, alter, translate, publish, present or display in public and distribute the material you submit, upload or display on or through the Services in order that Momail may display, distribute and market the Services.
5.2 You understand that Momail may, during the execution of technical measures required in order to supply the Services to Momail’s users, transfer or distribute your material over different public networks and via different media, and make such changes to your material that are required in order to adapt the material to the technical requirements that are attributed to connected networks, appliances, services or media. You accept that this license shall allow Momail to undertake these measures.
5.3 You confirm and guarantee that you have all the necessary rights and permissions in order to be able to grant the above license.

6. Security

6.1 Your user name and password are secret information. You take responsibility for keeping and using your user name and password in an adequate manner so that no unauthorised person can gain access to these details. You must immediately report to Momail, by e-mail to support@momail.se, if there is any suspicion that an unauthorised person knows your user name and password. You are liable for immediately changing your password if it is lost, or if you become aware that another person knows your login information. You are responsible for every unauthorised use caused by the unauthorised person’s actions in case of misuse.

7. Rules for use of the Services

7.1 Momail neither checks or takes any part of the content of the e-mails you send, receive or save on Momail’s server while using the Services for purposes other than those specified in paragraph 1.3. This means that Momail cannot control or accept any responsibility of any case where you receive information within the Services framework which is illegal or immoral. Momail cannot detect or accept, either, any responsibility for files which prove to cause any damage, such as viruses, trojans or other applications which may cause you or a third party any harm within the Services’ framework. Momail may modify the content of transmitted data and information in order to optimise the material for users’ portable/mobile handsets.
7.2 It is not permitted for you or any other user to
  • use or publish another person’s personal data without their consent;
  • retransfer or in any other way resell the Services or otherwise use them for any purpose other than that for which they were intended;
  • distribute information which may constitute a breach of copyright or other intellectual property rights or which may reasonably be regarded to cause harm to Momail, its Partners or any third party;
  • use any programmes or applications which change the physical or logical structure of the Services;
  • distribute information which may be regarded as insulting, offensive or which otherwise is contrary to any relevant law, regulation or directive by a public authority.
7.3 It is not permitted for you or any other user to carry out any mass distribution of unsolicited messages (spam). It is also not permitted to send messages or files containing viruses, trojans or other harmful functions.

8. Consequences of breach of Conditions of Use

8.1 If you commit any substantial breach of this Agreement e.g. by committing a breach of any substantial provision of this Agreement, Momail has the right, with immediate effect, on one hand to switch off the Services completely or partly and, on the other, to terminate this Agreement.
8.2 Momail reserves the right to erase all text or pictorial matter which may be regarded as racist or otherwise offensive from Momail’s database or website. Momail has the right to remove immediately, any information which Momail considers to be inappropriate or contrary to the prohibitions and provisions in these Conditions of Use. You do not have the right to make any claim against Momail by reason of such removal of information, deactivation or cancellation.

9. Links

9.1 Momail or any other third party may create links to other websites or sources. Momail has no control over, or ability to influence, those websites or sources, and is not responsible for, nor has any obligation in relation to, the availability of such external websites or sources. If Momail finds that a link to an external website goes to illegal material, Momail reserves the right to remove such link.

10. Limitation of liability

10.1 Momail’s ambition is to supply the Services with content and quality that is as good as possible and reasonably expected, taking into account the fact that it is largely a matter of free services for users. However, Momail makes no warranties regarding the content or quality of the Services.
10.2 Provided that Momail has not acted with gross negligence, Momail accepts no liability for (a) the loss, damage or other consequence which may affect users by reason of delayed, destroyed or corrupted data, interruption of service, undelivered data, wrongly delivered data or similar event within the framework for the Services, or (b) consequences which may affect uses in the event that another user - consciously or otherwise - gains access to another person’s data resources or disturbs or hinders the transfer of information.
10.3 Momail’s liability to you arising from this Agreement is limited to damage caused by gross negligence on Momail’s part.
10.4 You are liable to hold Momail harmless from all claims that other users or a third party may take against Momail as a consequence of your use of the Services.

11. Force Majeure

11.1 Momail is freed from any compensation and other consequences of its failure to fulfil any particular obligation under this Agreement, if that failure arises as a result of any circumstance which lies outside Momail’s control and which prevents, substantially hinders or makes more expensive their fulfilment. As soon as the impediment ceases, that obligation will be fulfilled in the agreed manner. The following circumstances will be regarded as grounds for relief: war, wartime operations, measures undertaken by a public authority or failure therein, industrial disputes, strikes of lightning, fire, defective or delayed communications and equivalent circumstances.

12. Changes in the Services and Conditions of Use

12.1 Momail is developing the Services on a regularly basis, and therefore reserves the right to change, add or remove services. The changes to the Services which may occur are, for instance, routines for identification, operational methods and technical functions. You confirm and accept that the form and character of the Services which Momail supplies may be changed from time to time without prior notice of this change to you.
12.2 Momail furthermore reserves the right to make changes to the Conditions of Use or to conditions for Additional Services from time to time. If any changes are made to the Conditions of Use, Momail will make available a new copy of the Conditions of Use on http://www.momail.se and new Additional Conditions will be made available to you in or through the Service affected. You understand and accept that, if you continue thereafter to use the Services, after the changes have come into force, it will be assumed that you have accepted the new conditions. Should you not accept the changes in the Conditions of Use, you have the right and liability to cease to use the Services immediately. However, Momail retains, at all times, the right to undertake changes and measures, immediately and without prior information, by reason of legislation, or the guidance or directives of public authorities.

13. Term

13.1 This Agreement applies until further notice and may be cancelled (a) by the user at any time, and (b) by Momail, subject to thirty (30) days’ notice.
13.2 Momail also reserves the right to block a user account and/or cancel the Agreement if the user has not used the Services within a period of six (6) months or more.
13.3 If Momail closes your access to your user account, you confirm and accept that you may be prevented from gaining access to the Services, your account details and any files or other material located in your user account.
13.4 You confirm and accept that Momail, subject to at least thirty (30) days’ notice, may specify an upper limit on the volume of data transfers you may send or receive via the Services, or on the size of the disk space used to supply any Services, despite the fact that such limits perhaps do not exist at present.

14. Miscellaneous

14.1 Communication between you and Momail, and vice versa, occurs via e-mail, as follows:
  • Momail’s E-mail: support@momail.se
  • User’s E-mail: as per the latest details given to Momail
14.2 The Conditions of Use constitute the whole agreement between you and Momail and shall govern your use of the Services (except exclusive services supplied to you by Momail, covered by a separate written agreement), and replace fully any previous agreements between you and Momail with regard to the Services.
14.3 You accept that Momail may send you messages by e-mail, regular post or notice shown on the Services, and that this includes messages regarding changes to the Conditions of Use.
14.4 Nothing in the Conditions of Use shall affect the statutory rights you have always enjoyed as a consumer and which you cannot change or abandon by agreement.
14.5 You have the right under the The Distant Sales and Door-to-Door Sales Act (Sw: Distans- och hemförsäljningslagen 2005:59) to cancel the Agreement within fourteen (14) days (“Grace Period”). If the Grace Period does not include seven (7) working days, you will always have seven (7) working days in which to cancel the Agreement. Working days are regarded to be all days of the year apart from Saturdays, Sundays, other public holidays, Midsummer’s Eve, Christmas Eve and New Year’s Eve.
The Grace Period is counted from the day on which the Agreement is entered into. However, the Grace Period is counted, at the earliest, from the day in which you partake in the Conditions of Use. The right to cancel laps if you have begun to the use the Services during the Period of Grace.
The right to cancel is exercised by sending an e-mail to support@momail.se. If the Agreement is cancelled any fee you may have paid for the Service will be refunded by Momail within thirty (30) days from when Momail received notice that you wish to cancel the Agreement.
14.6 You have the right, at any time and with immediate effect, to cease using the Services. Termination may be carried out by sending an e-mail to support@momail.se.
14.7 Your user account is personal. You will not, without written consent assign your rights or liabilities under this Agreement to a third party.
14.8 Momail has the right to assign, in whole or in part, your rights and liabilities under this Agreement to another company. In the event that Momail decides to cease to supply the Services, Momail has the right at all times to close the Services.

15. Relevant legislation and disputes

15.1 This Agreement and Conditions of Use shall be governed by and construed under Swedish law.

If disputes arise from this Agreement and/or the Conditions of Use, you may bring proceedings against Momail either in the courts of Sweden or in the courts of the country where you are domiciled.