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Ainult inglise keeles. Originaaltekst.
1. Subject of the Agreement. The subject of this End User Agreement (hereinafter – Agreement) is the relationship between BALTIC HOUSE (official name: BALTIC HOUSE LTD, reg. No. 09271782, a company incorporated in the United Kingdom, registered office: 33 Thornbridge Avenue, Swindon, SN3 2DA, United Kingdom), hereinafter referred to as Baltic House, the managing organization and owner of the services located at the following Internet addresses*: http://Baltic.House/, http://Riga.City/, http://Tallinn.City/, http://Vilnius.City/, http://Daugavpils.City/, http://Liepaja.City/, http://Ventspils.City/, http://Valmiera.City/, http://Jelgava.City/, http://Jurmala.City/, http://Rezekne.City/, http://Ogre.City/, http://Jekabpils.City/, http://Tartu.City/, http://Narva.City/, http://Parnu.City/, http://Kohtla-Jarve.City/, http://Kaunas.City/, http://Klaipeda.City/, http://Alytus.City/, http://Mazeikiai.City/, http://Siauliai.City/, http://Panevezys.City/, http://Marijampole.City/ и http://Inbox.click/ (hereinafter – Service) and you (an individual or a legal entity, user of the Internet), hereinafter referred to as "User", in regard to using of the Service and any other services available within the Service (hereinafter – Baltic House Services). By using Baltic House Services, the User agrees to comply with the terms and conditions of this Agreement. Using of some Baltic House Services can be regulated by certain rules applicable to this Service (End User Service Agreement), and such rules constitute an integral part of this Agreement. This Agreement can be revised by Baltic House without any special notification or notice. *Some services, such as Payment Processing and some software solutions, are provided by other commercial and non-commercial companies operating under all kinds of licenses, including the so-called Open Source.
1.2. This Agreement sets out the rules and regulations for using all Baltic House Services. The terms and conditions of this Agreement are binding upon all Users who have started using any of the Baltic House Services. The User may get acquainted with the current version of the Agreement at: http://mail.Baltic House/agreement.php. The current version of the Agreement is a legally binding document and it supersedes all previous agreements and arrangements reached by the parties in the correspondence or orally prior to commencement of the use of the Services. Every time the User enters the system and every time the User gets access to the Service and uses it, he/she confirms that he/she agrees with the terms and conditions of this Agreement.
2. General Provisions.
2.1. Baltic House maintains User’s registration and provides the right of use of the registered e-mail address for free, except for the situations where gross violation of the rules set out in this Agreement is performed by the User.
2.2. The User understands and agrees that Baltic House Services may contain advertising and that the presence of ads is the necessary condition of the use of Baltic House Services. The User also understands and agrees that Baltic House Services may contain messages from Baltic House, such as Baltic House service messages, automatic notices and newsletters.
2.3. All Baltic House Services, including the mailing service, are provided "as is." Baltic House does not assume any responsibility for a delay, deletion or failure in delivering messages, or problems with downloading any User’s data, including User’s settings. Baltic House shall not be held liable if the mailing service does not conform to User’s goals. Any issues concerning the right of access to the Internet, purchase and alignment of adequate equipment and software products shall be taken care of by the User and these issues are not covered by this Agreement.
2.4. The e-mail service rendered by Baltic House (hereinafter – "Mail") is the service enabling the creation and exchange of e-mail messages with the help of the web interface located at the addresses mentioned in paragraph 1 hereof and special hardware and software designed for transmission, storage and processing of Users’ correspondence in the electronic format, and providing the User with a unique e-mail address of the following types: abc-123@Riga.City, abc-123@Tallinn.City, abc-123@Vilnius.City, abc-123@Daugavpils.City, abc-123@Liepaja.City, abc-123@Ventspils.City, abc-123@Valmiera.City, abc-123@Jelgava.City, abc-123@Jurmala.City, abc-123@Rezekne.City, abc-123@Ogre.City, abc-123@Jekabpils.City, abc-123@Tartu.City, abc-123@Narva.City, abc-123@Parnu.City, abc-123@Kohtla-Jarve.City, abc-123@Kaunas.City, abc-123@Klaipeda.City, abc-123@Alytus.City, abc-123@Mazeikiai.City, abc-123@Siauliai.City, abc-123@Panevezys.City, abc-123@Marijampole.City or abc-123@Inbox.Click, where "abc-123" means any Latin characters in lower case, digits and symbols: "_", "-", "." which are used in accordance with the common e-mail address format, as well as mailboxes (with the option to save e-mail messages of Users incoming from the marked e-mail addresses).
2.5. Baltic House has the right to impose additional requirements and restrictions concerning registration with the Site and use of the Services.
2.6. (Cancelled from 12/09/2015)
2.7. (Cancelled from 12/09/2015)
2.8. (Cancelled from 12/09/2015)
2.9. The User agrees that the time allotted for choosing and spellchecking the e-mail address to be registered is sufficient.
2.10. (Cancelled from 12/09/2015)
3. Taking effect.
3.1. This Agreement as well as modifications and additions to this Agreement take effect as of the time of posting thereof at https://mail.Baltic.House/agreement.php. User’s consent with the terms and conditions of the Agreement is expressed by clicking the button "Register mailbox" located under the e-mail address registration form, by registration for any of Baltic House Services, and every time the User enters the system and receives access to the Service.
3.2. The User has the right to refuse to accept amendments to the Agreement introduced by Baltic House, which will mean that the User refuses to make use of the Services provided by Baltic House.
4. User’s obligations concerning registration within the Internet Service
4.1. In order to be able to use the Mail and Baltic House Services and receive the right to use additional functional (software) options of the Internet Service, the User must perform the following registration procedure:
4.1.1. To fill out the registration form in the Mail or Baltic House Services. When filling out the registration form the User chooses his/her own login and password, which are necessary for further access to the mailbox, and enters other information, including a secret question and answer that enables the User to independently resume access to his/her mailbox. The User confirms that he or she has been informed that the security of the electronic mailbox directly depends on the complexity (the number and combination of symbols) of the selected password and on the secret question and answer.
4.1.2. It should be noted that Baltic House does not verify in any way information provided by the User, i.e., registration details (unless specified otherwise by terms and conditions of a separate Service) and is not responsible to any third party for the accuracy and veracity of the registration data. Baltic House does not consider the registration data provided by the User as User’s personal data. The User hereby undertakes not to place on Baltic House Services any photographs, e-mail addresses and other personal information of other Users or any third parties without their express consent.
4.1.3. Apart from the registration procedure in the Internet Service as described in paragraph 4.1 hereof, the User may be given the right to register by using the data (login and password) of his/her e-mailbox created by the User using third-party resources.
4.1.4. Regardless of the manner which the User chooses for registration with the Internet Service, the User’s password ans secret answer will not be accessible to Baltic House.
4.2. The User is personally liable for the safety and security of his/her password and secret answer outside Baltic House servers.
4.2.1. Baltic House is not liable for and does not warrant the security of User’s e-mail mailbox in the following situations: if the password and information (secret question and answer) become available (whether deliberately or due to negligence) to a third party; a third party receives access to User’s e-mail mailbox by using software tools allowing to guess and/or decipher the password; a third party receives access to User’s e-mail mailbox by simple guessing the password and information (secret question and answer); if the User fails to follow the recommendations provided in this End User Agreement or in the Service interface.
4.3. The User hereby undertakes: - to promptly notify Baltic House of any unsanctioned use of his/her password or account, or any other breach of security; - to exit his/her account (to end each session by pressing the Exit button) after finishing the work with the Mail or personal section of Baltic House Services. Baltic House is not liable for any possible loss or corruption of data which can result from User’s failure to follow the recommendations mentioned in Section 4 hereof.
4.4. The User’s password used for the Mail and any Baltic House Services can be restored only if the information indicated in the registration account is presented in an accurate, correct and complete manner. Where the User has failed to provide accurate, correct and complete registration information, the Tech Support of Baltic House will not be able to restore the password. In the event of a loss of the password to the e-mail mailbox which was created using third-party resources and which is used by the User together with login to access the Internet Service, such a password can be restored only by methods contemplated by the third-party resources. Baltic House recommends that Users keep their passwords safe and fill out the registration form for the Mail and Baltic House Services in an accurate, correct and complete manner.
5. Rules of behaviour of a registered User
5.1. The User assumes full responsibility for the content of his/her e-mail messages and all the information, data, texts, programmes, music, sounds, photographs, graphics, video, messages and other materials (hereinafter – "Materials"), whether they are publicly available or transmitted with the help of Baltic House Services. It means that the User and not Baltic House shall be fully liable for any materials that the User downloads, sends, receives, transfers or makes available in any other way with the help of Baltic House Services. Baltic House does not control materials forwarded with the help of the Mail and other Baltic House Services, therefore it does not guarantee the accuracy, completeness or quality of these materials. The User understands that using Baltic House Services he/she can receive some materials which can be regarded as offensive, doubtful or controversial and the User understands that Baltic House is not responsible for allocation of such materials, the responsibility lies on the User who has placed them.
5.2. The User hereby agrees not to use Baltic House Services to:
5.2.1 upload, transmit, transfer or post materials in any manner, including by providing links, which are unlawful, harmful, threatening, morally abusive, defamatory, infringing copyrights or other intellectual property rights, promoting hatred and/or discrimination against people on racial, ethnic, sexual or social basis, as well as violating the accepted norms and ethics of communication on the Internet or impeding the work of other Users of Baltic House Services;
5.2.2. violate the rights of minors and/or cause harm to them in any way, including moral harm;
5.2.3. infringe on the rights of various minorities;
5.2.4. impersonate another person or represent an entity and/or community, including Tech Support of Baltic House, employees of Baltic House, forum moderators, and mislead in general;
5.2.5. upload, transmit, transfer or post in any manner materials that the User is prohibited to make available by law or by contracts with third parties;
5.2.6. upload, transmit, transfer or post in any manner materials violating any rights of third parties, including any trademarks (service marks), trade secret or any other intellectual property rights of third parties;
5.2.7. upload, transmit, transfer or post in any manner advertising information, spam, repeated unwanted e-mails to the same recipient;
5.2.8. upload, transmit, transfer or post in any manner materials containing viruses or computer codes, files or programmes designed to interrupt, destroy or restrict the functionality of any computer or telecommunications equipment or software for unauthorised access to computer systems and equipment of third parties, as well as serial numbers of commercial software products and programmes for the purpose of their generation, logins, passwords and other means to gain unauthorised access to paid Internet resources, including placing links to the aforementioned information;
5.2.9. breach the laws of Great Britain and/or international legislation, as well as applicable laws of other countries;
5.2.10. collect and store personal information of third parties;
5.2.11. by using the Mail, transmit to anybody’s address e-mails or place in the Services provided by Baltic House texts, photo or video materials containing crude, obscene or abusive expressions and suggestions;
5.2.12. transmit e-mails containing pornographic texts, photo or video materials or place such materials in the Services provided by Baltic House;
5.2.13. disrupt normal functioning of the Internet Service by using pop-ups;
5.2.14. place links to the Internet resources the contents of which is in conflict with the effective local legislation.
5.3. The User hereby undertakes not to use automated scripts (software applications) for collection of information and/or interaction with the Internet Service.
5.4. Apart from the situations provided by this End User Agreement and applicable laws of the country of residence of the User, no materials can be copied (reproduced), processed, distributed, displayed, published, downloaded, transferred, sold or used otherwise in whole or in part without prior permission of Baltic House or respective right holders, except for occasions when the right holder explicitly allows free use of materials.
5.5. The User has the right to place, via Baltic House Services, intellectual property which the User has the right to use.
5.6. Any use of Baltic House Services, apart from what is allowed by this End User Agreement and apart from the situations where an explicit permission of the author (right holder) (right holder) for such use is received, is categorically prohibited without first obtaining written permission of the right holder.
5.7. Where Baltic House receives a substantiated complaint from a respective right holder in regard to violation of his rights protected by law, Baltic House shall have the right to delete the content placed by the User or block Users' access thereto without notifying the User and without providing explanations.
5.8. The User hereby agrees that he/she is personally liable for any materials or information which the User uploads or makes publicly available otherwise (posts) within Baltic House Services or with the help of Baltic House Services. The User shall not upload, transmit or post materials within Baltic House Services if the materials have not been created by the User or if the User has not obtained respective permission of the right holder.
5.9. Where claims are received from third parties in connection with the placement of User’s materials, the User shall settle these claims independently and at his/her own expense.
5.10. Baltic House has the right to make copies of materials for the purpose of streamlining User’s content and making easier the process of posting and storage of User’s content on the Site.
5.11. The User hereby agrees that he/she is personally liable for any information and materials that he/she places in Baltic House Services and for his/her interactions with other Users.
5.12. Whereas the Internet Service is a freely available and not pre-moderated information resource, Baltic House is not liable for any materials placed by Users.
5.13. Baltic House is not responsible for any behaviour of Users of Baltic House Services, both online and offline the Internet.
5.14. Baltic House has the right upon the first demand of a competent law enforcement agency or another competent public authority to provide to the said authority information about the User. In this case, Baltic House shall comply with the applicable laws of Great Britain.
6. Non-commercial use. The User hereby agrees not to reproduce, replicate, copy, sell or re-sell and not to use for any commercial purposes any intellectual property placed in the Mail of Baltic House and in other Baltic House Services, unless Baltic House has given special permission to the User to do so.
7. General provisions regarding the use and storage of information and materials
7.1. The User agrees that Baltic House can impose restrictions on usage of Baltic House Services and the Mail, including: the period of storage of e-mails and any other materials placed by the User, the maximum number of messages which may be sent or received by one User, the maximum size of one e-mail message or disk space, the maximum number of visits to Mailbox and Baltic House Services during a certain period of time, etc.
7.2. Baltic House has the right to ban automatic access to the Services of Baltic House or refuse to accept any automatically generated information (for example spam). Baltic House at its own discretion may discontinue a relationship with the sites breaching requirements of the applicable local and international laws, provisions of this End User Agreement, or generally recognized principles of Internet communication.
7.3. Using the functionality of Baltic House Services, the User agrees that User’s information can be made available to business partners of Baltic House exclusively for the purpose of provision of the services selected by the User, and to provide the Users with the right to use additional functional (software) Internet Service options which are secured in cooperation with these business partners. It will be done exclusively in the scope necessary for the provision of these services and granting the aforementioned rights.
8. Termination of User’s account and deletion of materials placed by the User
8.1. An account may be discontinued due to the following reasons: a) violation of the terms and conditions of this Agreement and/or the agreement for Services provided by Baltic House, as well as violation of any part thereof or additions thereto which constitute an integral part thereof; b) upon order of the authorities; c) a failure to pay for the next period of use of the account allowing access to Baltic House Services; d) due to unforeseen technical problems or circumstances relating to security; e) due to creation of any interferences or disturbances in Baltic House Services, including through the application of any devices, software, etc.
8.2. Baltic House retains the right at its own discretion to modify (moderate) or delete any information posted by the User, including information (materials) violating the prohibitions established in Section 5 hereof (as well as any other prohibitions and requirements of the applicable laws), including personal messages and comments, to suspend, restrict or discontinue access to any Services provided by Baltic House at any time due to any reason and without provision of any explanations, with or without preliminary notification. In this case, Baltic House will not be liable for any harm that the User may incur as a result of these actions.
8.3. Baltic House has the right to delete User’s account or suspend it, restrict or deny access to any of the services of the Site without provision of any explanations, if Baltic House identifies signs of violation of the terms and conditions of this Agreement in User’s actions. Baltic House retains the right to delete any materials placed by the User within the framework of Baltic House Services without provision of explanations and without preliminary notification of the User. However, Baltic House will apply its best effort to avoid making such situations.
8.4. The User agrees that Baltic House retains the right to discontinue servicing of User’s account for any of the Services provided by Baltic House which has not been used by the User for more than six (6) months.
8.5. Closing of User’s account means: a) withdrawal of User’s access to the personal section of all Baltic House Services; b) deletion of the password and removal of User’s messages and files from the mailbox and deletion of personal settings.
8.6. The User has the right to refuse to use his/her account in the Mail or other Baltic House Services by way of stopping usage of the service for the length of the period that is paid for or for the period longer than the period referred to in paragraph 8.4 hereof. Correspondence contained in the Mail and materials placed in the Baltic House Services is deleted without the possibility of their restoring.
9. The right of Baltic House to intellectual property
9.1. The User understands and agrees that Baltic House Services contain audio and visual works, computer programmes, trademarks and other intellectual property in regard to which Baltic House (and/or counterparties of Baltic House) is the right holder, and they shall not be used without first obtaining permission of Baltic House.
9.2. The User hereby undertakes not to reproduce, copy, modify, sell, make available to the public or distribute the content and the programmes of the Internet Service, either in full or in parts, unless otherwise stipulated by this End User Agreement or by the conditions of use specified for any Service provided by Baltic House.
9.3. Baltic House gives the User a non-exclusive right, which cannot be transferred to a third party, to make use of the software provided within the framework of Baltic House Services on one computer at a time, provided that neither the User, nor any other persons with the help of the User will copy or modify this software, create applications on the basis of this software, break into the software for the purpose of deciphering its codes, sell, assign, rent or transfer to a third party in any other form the rights pertaining to the software of the Mail that are available to the User under the End User Agreement. The User also is not allowed to modify the Mail, including for the purpose of receiving unsanctioned access thereto.
10. Use of the image (logo) of Baltic House or logos of Baltic House web services projects in any manner, including placing them on print or other media without permission, is considered to be a violation of the trademark rights.
11. Liability of Baltic House. The User understands and agrees that:
11.1. The User uses Baltic House Services, including the Mail, "as is." Baltic House does not assume any responsibility, including if the Services provided by Baltic House do not conform to User’s goals;
11.2. Baltic House does not warrant that Baltic House Services will meet User’s requirements, that the delivery will be without interruptions, prompt, reliable and error-free, that the results the User may receive will be accurate and reliable, that the quality of any product, information, etc. delivered through Baltic House Services, including the Mail, will meet User’s expectations, and that all errors in the programmes will be corrected;
11.3. The User can use any materials (intellectual property) received through the Mail and other Services provided by Baltic House at his/her own risk, and the User shall be responsible for any damage to his/her computer and data resulting from downloading these materials by the User;
11.4. Baltic House is not liable for any direct or indirect losses resulting from usage or inability to use Services provided by Baltic House, including the Mail, from non-sanctioned access to User’s communication or from fraudulent activity of third parties, inter alia use of the logo of Baltic House for personal gain.
11.5. Baltic House is not liable if the User uses his/her e-mail mailbox for commercial purposes, including storage of documents and conducting business correspondence.
12. Confidentiality provided by Baltic House.
12.1. Baltic House may apply user authentication technologies, including with the help of tokens like cookies. This is not person specific authentication but rather is of general nature. Baltic House does not keep track of Users’ separate activities and does not disclose or forward information about Users to a third party. Without prejudice to the foregoing, information mentioned above can be forwarded to competent state authorities in accordance with the applicable laws.
12.2. As far as Baltic House Services are concerned, we protect the privacy of your messages (encryption of the highest level) and keep confidential information about Users of Baltic House, with the exceptions provided by the laws of Great Britain.
12.3. No censorship applies to Baltic House Services. The User hereby agrees that his/her outgoing and incoming e-mail messages will be automatically processed by certain programmes of Baltic House to ensure proper transmittance, receipt and storage of messages in the Mail. The compulsory automatic processing of the Mail consists of a number of measures designed to identify harmful viruses in the transmitted information and, if possible, to block or remove them (depending on the complexity of a certain given code and the software used by Baltic House Services). These measures are implemented solely and exclusively for protection of personal computers of Users and to alleviate the load on hardware of Baltic House.
12.4. The User agrees that Baltic House will use generic registration data of the Users for targeting within Baltic House Services. At that, e-mail addresses of the Users will not be forwarded to third parties.
13. The principle of respecting the rights of other Internet users. The Users of Baltic House Services promise to respect the rights of one another and of third parties, to comply with the traditions and ethics of the Internet, not to use the opportunities provided by Baltic House Services for the purposes contradicting the norms of the current legislation or contradicting the moral norms.
14. Information security.
14.1. The User does not have the right of access to information of Baltic House Services other than User’s own information in his/her mailbox and information that is publicly available in Baltic House Services.
14.2. In the event of identification of the person whose activities in the Mail of Baltic House are qualified as spam, Baltic House has the right to block e-mails sent from this person’s address to e-mail addresses maintained by Baltic House.
14.3. Baltic House is not responsible for the safety of the name of the account assigned by Baltic House and User’s password, if the User makes use of other forms offered by external Internet sites to access the Mail.
15. Interruptions in the Internet Service.
15.1. Baltic House has the right to perform maintenance work of Baltic House Services and in this connection provision of Baltic House Services will be temporarily suspended.
15.2. In the event of occurrence of force majeure, as well as in the event of accidents or failures in software and hardware of third parties cooperating with Baltic House, or actions of third parties aimed at suspension or discontinuance of the operation of all or part of Baltic House Services, the work of Baltic House Services may be suspended without preliminary notification of Users.
16. Feedback and claims.Any User who believes that his/her rights have been violated as a result of actions of Baltic House may send us a claim. Claims are handled by Tech Support of Baltic House in accordance with the general procedure for handling requests and claims of Users. E-mail address of Tech Support of Baltic House is Admin@Baltic.House. The User may contact Tech Support at Admin@Baltic.House with questions about Baltic House Services. The User and Baltic House agree that any possible disputes arising out of the End User Agreement will be resolved in accordance with applicable laws of Great Britain.
17. General information.
17.1. Nothing in this Agreement can be constructed as establishment of an agency relationship between the User and Baltic House, a partnership relationship, a joint activity relationship, employment or any other relationship which is not explicitly specified in this Agreement.
17.2. Acknowledgment by a court of Great Britain of any provision of this Agreement as invalid or unenforceable does not cause invalidity or unenforceability of other provisions of this Agreement.
17.3. A lack of action on the part of Baltic House in case of violation by the User or any third party of the provisions of this Agreement does not deprive Baltic House of the right to take steps later in order to protect its interests.
17.4. Any disputes arising out of this Agreement shall be settled through correspondence and negotiations within the framework of the mandatory pre-trial order (extrajudicial settlement). If the parties fail to settle their dispute within sixty (60) calendar days after receiving by one party of a written claim of the counterparty, the dispute shall be forwarded by the interested party to a court of Great Britain (jurisdiction of other courts over the case is excluded).
18. Modifications and additions to the End User Agreement.
18.1. This End User Agreement and agreements for separate Services can be modified by Baltic House without any preliminary notification of Users. Any amendments to the End User Agreement made by Baltic House unilaterally take effect the next day after posting these amendments in the Internet Service/pages of the respective Service of Baltic House. The User hereby undertakes to check the End User Agreement and agreements for separate Services provided by Baltic House for amendments. If the User fails to check the aforementioned agreements for amendments, it may lead to a failure to perform his/her obligations and comply with the restrictions set out in this End User Agreement or agreements for separate Services provided by Baltic House.
18.2. Where the competent government authorities adopt statutory regulations affecting activities of Baltic House and provision of Baltic House Services, Baltic House has the right to amend the framework of operation of Baltic House Services in any way to ensure that activities of Baltic House fully conform to the new norms.
18.3. The User has the right to refuse to accept amendments and additions to the End User Agreement and/or agreements for separate Services provided by Baltic House, which will mean that the User refuses to use the Internet Service and/or separate Baltic House Services as well as all the rights granted to the User earlier. In this case, the fee for the services will not be compensated.
19 Additional - GDPR Section:
19.1 Baltic House do not process or sell Personal data at all
19.2 Name, Surname, Data of birth, gender, optional emergency email address, IP address, time and date- here and after "registration data" are collected during registration, for account uniqueness and password restoring purposes.
19.3 Baltic House do not share registration data to any one.
19.4 Baltic House stores passwords and secret answers in secure-hashed way, so it is not readable for anyone
19.5 You may request access to your registration data only using registered email with that, due there is no other way how to identify your rights for request. You need to write clear request to email@example.com, it may include: read, edit, delete, trasfer in CSV format.
19.6 Due character of registration data provided. It is - free online registration form without ID check or other Input Validations, such information may contain mistakes or even not truth information provided by user.
19.7 Only authorised and Information Security trained staff have access to registration data.
The use of any Service provided by Baltic House means that the User completely agrees with all the provisions of this Agreement.
Tingimused / Kasutaja lepingu