SPAMINA - Total security for e-mail and Internet

Pursuant to Royal Decree 1906/99, 17 December, which regulates electronic contracts with general conditions, and to the Retail Trade Planning Act (Law 7/1996, 15 January) applicable to distance selling under article 38 and subsequent articles, Aegis Security, S.L. informs:

This document entails the general regulation of the services provided by Aegis Security, S.L. through the website http://www.spamina.com, constituting the legal framework for the contractual relationship between the parties herein set.

These General Terms and Conditions are subject to what is set forth by the Act on General Terms and Conditions of Contract (Law 7/1988, 13 April), by the Act for Consumer and User Defence (Law 26/1984, 19 July), by the Spanish Royal Decree 1906/1999 of December 17th 1999, which regulates the Electronic or Telephone Contracts with general conditions, by the Personal Data Protection Act (Organic Law 15/1999, 13 December), by the Retail Trade Planning Act (Law 7/1996, 15 January), and by the Act on Information Society Services and Electronic Commerce (Law 34/2002, 11 July).

The service offered by Aegis Security, S.L. shall be purchased by any user fulfilling the requirements established herein by these PURCHASE TERMS AND CONDITIONS and LEGAL ADVICE available at any time in Aegis Security, S.L. website.

1. PURPOSE OF THE CONTRACT

The purpose of this contract is to regulate the general terms and conditions of the service offered by Aegis Security, S.L.:

The products described at Spamina’s website constitute an information security solution intended to protect a company or individual's e-mail from external threats. Furthermore, through this and in order to complement the service security, Spamina has a powerful antivirus that is updated every hour to ensure your ultimate protection. In this website users will have an online client support service for queries on products and services as well as the possibility to purchase via Internet the different services. All these information, activities, products and services herein will be referred altogether as the Contents.

Upon the user accepatance to this contract, Aegis Security S.L will grant a limited, non-exclusive, non-sublicensable and non-transferable license to use the software developed by them, designated as Spamina and devoted to the e-mail addresses protection against unwanted e-mails (spam) and computer viruses.

Access to information is totally free while purchasing the service is not. Current and actual product prices, delivery costs, if deemed applicable, and the applicable taxes are available for consultation at any time.

The purchase process will be carried out in Spanish in all the cases, having the possibility to perform the purchase in other specified languages.

In all respects, these general terms of use shall be applicable to the DEMO modality in the extent they could be applied.

2. IDENTIFICATION OF THE SERVICE PROVIDER

Aegis Security, S.L., is registered in C/Constitució, 3, 5° 6a, 08960, Sant Just Desvern, Barcelona, with contact phones +34 93 470 07 78 and fax number +34 93 470 07 79, with C.I.F: B-63952485, and registered in the Barcelona Mercantile Registry, Volume 37967, file 75, page B-313258 and with e-mail address info@spamina.com.

The CLIENT agrees that the personal data entered to perform the purchase or to make a consultation through the form set to that purpose is the one provided by themselves. All the information included in it has been directly entered by the client; therefore it is the CLIENT'S sole responsibility to evaluate its accuracy and authenticity.

Aegis Security, S.L. states that, pursuant to article 9 of the LSSI-CE, it has informed the Barcelona Mercantile Registry the domain name of its website operating in Internet.

3. CLIENT OBLIGATIONS

It is the sole responsibility of the CLIENT to guarantee the veracity of the information entered during the contractual process and accepts the obligation of providing truthful, complete and accurate information.

It is the sole responsibility of the CLIENT to set up the service correctly in their equipments, to that end Aegis Security, S.L. puts at the clients’ disposal information clear enough to know where and how the service has to be configured in the computers.

It is the sole responsibility of the CLIENT to enter in the first step of the registration process information regarding to:

• Incoming e-mail server
• User name
• Port

If the CLIENT fails to fulfill this obligation, it shall be their sole responsibility to answer to the potential losses and damages produced to Aegis Security, S.L., to a third party or the possible damages it might produce to the CLIENTS themselves.

To provide the service it is essential that the client has previously read about how the service is used and these general terms and conditions, and fully understood how the service provided by Aegis Security, S.L. works, not being able to a posteriori claim for compensation of any kind for possible consequential damages due to misuse or misunderstanding of the system.

The CLIENT agrees to pay the annual fee indicated in the economic conditions of these general terms and conditions.

4. LICENSOR OBLIGATIONS

The commercial terms of this service and the offers that may eventually be carried out by Aegis Security, S.L. always appear at www.spamina.com, so that they can be consulted, saved or printed at any time, and the company agrees to keep them updated.

Aegis Security, S.L. reserves the right to modify at any time these Purchase General Terms and Conditions as well as any other document, information or offer displayed at the website.

The service provided by Aegis Security, S.L. limits exclusively to prevent the client from receiving unwanted or harmful e-mails, blocking them by two modalities: a secure and a black list fully automated system (guaranteed mode), and the second one systematizes the automatic mode that automatically works according to certain rules previously set by the user and spamina, as well as the heuristic analysis of the incoming messages, ensuring to the technically possible extent that the volume of harmful e-mails received by the client will be certainly reduced. This service mainly consists of:

• Antivirus, antispam and antiphishing protection.
• Spamina Notifier: It notifies of the reception of new e-mail messages and allows the user to manage all the e-mail options without accessing the Web.
• Regular statistics and customized reports on the traffic and e-mail activity.
• Regular update service of the purchased application.

Aegis Security, S.L. agrees to send the client, during the first ten days after the service activation, e-mails denominated “spamina advices”, which will allow the client to learn more about the service. Similarly, it agrees to send the client a report on the blocked e-mails, adjusting the reception periodicity according to what the user has selected (weekly, daily or never). Nevertheless, in spamina guaranteed service this report will also indicate the e-mails included into the “White List”, validating them in case the user wants to mark them as outside this list or keep them in the “Black List”. In any case, the client has the possibility to unsubscribe from these e-mails by entering their e-mail address in the space set for that purpose. In any case, Aegis Security, S.L. reserves the possibility that the number of e-mails vary over time, without obligation in any case to provide the previously mentioned 10 e-mails.

Aegis Security, S.L. agrees to keep the spamina service available 24 hours a day, except for own or third parties technical failure, force majeure clauses such as wars, legal or illegal strokes, and general power network failure, among others.

On the other hand, Aegis Security, S.L. agrees to provide an uninterrupted online technical support service, available at http://www.spamina.com or a website depending on it, Monday to Friday from 9 am to 9 pm.

Aegis Security, S.L. agrees to fulfill the privacy and data protection criteria set forth in the privacy policy accessible from the privacy section or its equivalent at http://www.spamina.com website.

5. SERVICE OPERATION MODE AND SERVICE RENDERING

The user acknowledges his/her understanding of the spamina operation mode:

The rendering of the purchased service starts the moment the client configures their e-mail client (Outlook…) according to the indications on the last screen of the contractual process and the sent e-mail.

Once it is configured, the client receives an e-mail to activate the spamina service for that user. In case it is not configured, the validation of the user’s e-mail address remains pending. Spamina does not have any control of the client’s e-mail account, consequently e-mails will not pass through spamina secure servers.

Once the service is confirmed, the e-mails automatically start to be transferred from the client’s e-mail server to spamina secure servers, completely emptying the user’s server and not leaving any copy of the messages in it, since if it were so, it would come the time in which the client’s e-mail server would be saturated with the amount of received spams and e-mails.

As from this moment the user will download the e-mails from spamina and spamina servers will download the e-mails from the client’s own server, thus ending the user’s direct download of e-mails from their own server and now being spamina servers in the middle with the purpose of filtering the e-mail considered to be spam o potentially harmful.

USER’S E-MAIL SERVER -> SPAMINA -> USER

Technically, spamina exclusively focus on e-mail downloading, so the user still uses their own server as outgoing SMTP server; that is why the user is asked to enter spamina server (escudo.spamina.com) in the POP section (incoming e-mail).

When referring to the correct configuration of spamina server, it is meant the changes the user has to do in their e-mail client so that spamina server can start filtering the unwanted or potentially harmful e-mails received by the user’s account.

The client shall follow the guidelines displayed at the end of the contractual process and, at any case and once the account has been created and the user registration process done, enter the following data:

• POP3 incoming e-mail server: escudo.spamina.com.
• User or account name: complete registered e-mail address.
• If the user’s outgoing server requires authentication, it will be necessary to check if the outgoing login corresponds to the user’s complete address.
  • If it DOES correspond: It is kept.
  • If it DOES NOT correspond, the user will have to enter it during the outgoing server configuration.

In short, if the user’s outgoing server requires authentication and the login does not correspond to the one registered in spamina, the user has to specify which the outgoing user is.

If the user wants to unsubscribe from spamina server, they will have to access the control panel by entering the login (the protected e-mail) and password, so that no unauthorized person can access it.

The users with a demo version, with a 30-days maximum period, can click the corresponding tab in their control panel, but having into account that when unsubscribing the spamina server, THEY WILL LOSE ALL THE E-MAILS HOSTED AT SPAMINA SERVER, as well as the ones hosted at their own server during the time spamina server was active, all this due simply to the system logic (this is true but it can generate doubts). Once spamina service is deactivated and the user has modified the data in the e-mail client, spamina will stop filtering the e-mail and in no way e-mails shall be eliminated from the user’s own server.

In case of a paying client, there is a specific menu for this purpose and, in the same way, the user must take into account that ALL THE E-MAILS HOSTED AT SPAMINA SERVER WILL BE LOST, as well as the ones hosted in their own server, all this simply due to the system logic.

In any case and to avoid misunderstandings, once the service deactivation is selected and the reasons for such decision answered or not, a pop-up screen will notify the user that all the e-mails and the information about them will be eliminated permanently from the system, and recovery shall be ossible.

Once the unsubscription is done and confirmed, the user has to reconfigure the e-mail client, returning it to the original status, so the following data will have to be entered:

• POP3 incoming e-mail server: data of their own server.
• User or account name: user to access the own server.

6. PURCHASE AND REGISTRATION PROCEDURES

Through the websites http://particular.spamina.com or http://pyme.spamina.com the user can buy the service provided by Aegis Security, S.L. Once the service purchase is selected, the website will prompt the user to a form hosted in a SSL secure protocol server with 3 registration steps:

• New User Registration and Price. The user will be asked to enter only the following data, as well as the kind of e-mail filtering he/she wants.
  • First and Last name.
  • Phone number.
  • E-mail address.
  • Password.
  • Incoming e-mail server.
  • User.
  • Port.

• Service Information and Payment Data. This screen shows the client all the information regarding the quantity, price, applicable taxes and total price of the service to be purchased.

  The information required for payment purposes varies if the client is Spanish or a foreign citizen, since for Spanish clients only the automatic bank payment is allowed; therefore the account number and the holder’s ID/TIN are to be entered. For foreign clients, besides the automatic bank payment, other payment methods are available, such as PayPal, secure payment service about which you can find out more here.

  Once the payment method is selected, the account information entered or the payment through PayPal done, an e-mail will automatically be sent to the user with all the information regarding the purchased product and the account number for the automatic bank payment, allowing the user to review all the legal advices and the terms and conditions that they had accepted during the purchase process. In any case, Aegis Security, S.L. servers will record the sent e-mail as an effective proof that you purchased the service.

• Modify your e-mail software configuration and activate your Spamina account. Screen showing information regarding how to configure your e-mail program in order to start enjoying spamina service.

  Once the service is configured, you will receive an e-mail with the confirmation of the account activation; to activate your account click the indicated link in order to be redirected to a website where you will be informed again about the personal data protection and the privacy policy adopted by Aegis Security, S.L. with regards to your e-mails that will be passing, once the service is activated, through Aegis Security, S.L. servers.

7. LIABILITIES

• Aegis Security, S.L. shall not be held liable for the possible errors that might occur when providing the service and that might imply the lack of access to the service because the main website is down or temporarily unavailable. These failures will be solved as soon as possible by the company, and the users will be informed by e-mail, by the telephone support service center or similar about the problem and the estimate time it will take to solve it.
• The CLIENT agrees not to claim the refund of the part proportional to the days during which the service could not be enjoyed, expressly accepting not to start legal actions in such case.
• In case the user wishes not to continue enjoying the service provided by Aegis Security, S.L. it shall be informed at least 1 week beforehand so that the provider can cancel the economic petition to the account. In case the amount is collected and there is no record of a cancellation request a week before the service is expired, the client shall not have the right to claim any economic refund of the product price.
• Aegis Security, S.L. shall not be held liable for the misuse of the tool provided to the user, for going against the company internal norms or advices included in the web site or these general terms and conditions. Specifically, Aegis Security, S.L. SHALL NOT BE LIABLE FOR THE LOSS OF E-MAILS RESULTING FROM THEY BEING ELIMINATED FROM THE CLIENT’S OWN SERVER, SINCE IN ANY CASE AND DUE TO SPAMINA SYSTEM LOGIC THE E-MAILS STOP BEING HOSTED IN THE SOURCE SERVER AND ARE AUTOMATICALLY REDIRECTED TO SPAMINA SERVER. ONCE IN SPAMINA SERVER, ALL THE E-MAILS HOSTED THERE WILL BE SENT TO THE TRASH 40 DAYS AFTER THEIR ARRIVAL AND WILL BE PERMANENTLY REMOVED DURING THAT NIGHT. In such case, the client expressly accepts not to start legal actions against Aegis Security, S.L. claiming losses and damages for this event.
• As long as the law in force allows it, Aegis Security, S.L. does not ensure nor can ensure in any way, explicitly or implicitly, a specific and determined result regarding the use of the software purchased.

8. DATA PROTECTION

Aegis Security, S.L. has been subject to a strict audit process regarding personal data protection; therefore it fulfills the following points:

• Aegis Security, S.L. fulfills the Law 15/1999 on Personal Data Protection and the Regulation on Automated Files Security Measures.
• Aegis Security, S.L. agrees not to disclose the personal data, the e-mails and the information contained within them to third parties without the written consent of the CLIENT.
• Aegis Security, S.L. has state-of-the-art access security measures, besides having a SSL secure server to carry out the purchase process.
• Aegis Security, S.L. agrees not to send unwanted e-mails (Spam).
• Aegis Security, S.L. informs the CLIENTS that their data will be added to an automated file with the purposes of better managing, performing loyalty systems, invoicing, publicity, sending newsletters, and that they can exercise their rights to access, rectification, cancellation or opposition to the treatment of their personal data by Aegis Security, S.L., being able to exercise their rights according to what is set forth in the Privacy Policy available at www.spamina.com
• Aegis Security, S.L. guarantees the file management systems do not allow the company staff to access the user’s message contents, hosted in a secure server in a totally encrypted way, thus fulfilling the company’s internal policy regarding the privacy and the personal data protection.

9. VALIDITY OF THE PURCHASE PROCEDURE AS AN ACCEPTATION PROOF

Both parties expressly state that the acceptation of the service offer from Aegis Security, S.L. by the CLIENT is performed following the purchase procedure described in section 6, PURCHASE PROCEDURE.

The fact that the CLIENTS electronically follow all the steps described in section 6 for the products and complements purchase process implies the expressed and complete acceptation of these general terms and conditions, which is considered enough to purchase.

The contract shall take effect as from the date the CLIENT expresses their conformity with the purchase terms and conditions published at the moment the purchase is done, having to expressly select the acceptation of them.

10. CLAIMS

For any explanation regarding these general terms and conditions or to make any claim regarding the purchase, CLIENTS have at their disposal the following addresses:

Aegis Security, S.L.
C/ Constitució, 3, 5º 6ª, 08960, Sant Just Desvern, Barcelona.
Phone: +34 93 470 07 78 / Fax: +34 93 470 07 79
info@spamina.com

11. PARTIAL NULITY

If any of these service terms and conditions is contrary to the law and thus invalid, it shall not affect the other dispositions in accordance to the law. The parties agree to renegotiate those parts of the service terms and conditions that might be null and to add them to the rest of the service terms and conditions.

12. APPLICABLE LAW AND JURISDICTION

For any litigious situation or incumbent to http://www.spamina.com website or any of the sites depending on it, the applicable law shall be the Spanish law. The parties, expressly forgoing any other jurisdiction that may apply are subject to the jurisdiction and authority of the Courts of the city of Barcelona (Spain) for the resolution of any issues that may arise between them, and in such case the Arbitration Courts to which Aegis Security, S.L. is bonded at the moment of the controversy. To present claims regarding the use of our services, contact the following e-mail address: info@spamina.com