Terms and Conditions of using YA service
The terms used in the text of the current Terms and Conditions have the following meaning:
1.1. Identification Data – password and other data that are used by the Company for the identification of the Customer during Service provision.
1.2. Information – any information that is being uploaded or that has been uploaded by the Customer or that is being received or that has been received by the Customer, including, customer profile data, electronic mail messages, attachments to electronic messages and other information, but excluding registration data.
1.3. Customer – you as a customer of the company that can use, are using and have been using the Services.
1.4. Company – SIA OZ, a legal entity registered in the Republic of Latvia, registration number 40003943758, legal address Ķengaraga iela 1, Riga, LV-1063, the Republic of Latvia, as well as any subsidiary, parent company or associated company.
1.5. Policy – separate terms and conditions, in accordance with which the Company stores and processes personal data of the Customer.
1.6. Portal – portal of service provision at the website address ya.email and/or another address determined by the Company.
1.7. Terms and Conditions – the present terms and conditions for the use of Services.
1.8. Registration data – data provided by the Customer during the registration for the receipt of the Services.
1.9. Server – a server or servers used by the company for the provision of Services.
1.10. Services – services provided by the Company to the Customer on the basis of the Terms and Conditions, including the service of provision of electronic mail mailbox, as well as some other associated services.
2. GENERAL PROVISIONS
Meaning of the Terms and Conditions
2.1. The Terms and Conditions regulate the issues of service provision to the Customer. Along with the Terms and Conditions of interaction of the Company and the Customer, they are governed by the Policy, terms and conditions of individual types of Services (if such have been adopted by the Company), other regulations of the Company (if such have been adopted by the Company) and the norms of applicable law.
Unconditional acceptance of the Terms and Conditions
2.2. The Customer may accept the Terms and Conditions only without any conditions, in full extent. Upon registration, the Customer accepts the Terms and Conditions (expresses their consent with the Terms and Conditions) in full, without any conditions.
Provision of Services as is
2.3. The services are provided on “as is” principle, i.e. in the form (amount, quality, characteristics, etc.) that the Company is providing and ensuring them at the particular moment in time.
2.4. The Company does not guarantee the provision of any minimum amount of services, conformity of the Services to any quality criteria or any other criteria, as well as provision of Services at all.
2.5. The Company may change the method and type of Service provision at any moment, as well as introduce any other amendments in the process of service provision.
Basic principles of the Internet
2.6. To use the Services, the Customer must use a connection to the Internet, which, among others, means that the Customer must possess the appropriate equipment and software, as well as the connection to the Internet. A fee may be collected for the use of equipment and/or software and/or connection to the internet. The Customer shall be personally liable for the payment of such fees.
2.7. The use of Services may include transmission of Information through multiple networks operated in different countries and the aforementioned process may be beyond the control of the Customer and the Company.
2.8. The transmission of information is associated with the risk of interception of the Information by third parties, damage of the information or infection thereof with computer viruses or other malicious code. The Customer is aware and accepts these risks.
3. REGISTRATION
3.1. Upon registration for the receipt of Services, the Customer provides Registration Data. The Customer must provide valid Registration Data.
3.2. If changes to Registration Data have occurred, the Customer shall immediately specify the Registration Data by using the respective functions of the Portal.
3.3. The Company may request the following from the Customer at any time:
3.3.1. To specify the previously provided Registration Data;
3.3.2. To supplement the Registration Data.
4. USE OF SERVICES
4.1. The Customer shall ensure safe and secret storage of the Identification Data. The Customer shall immediately notify the Company on the loss of Identification Data or on the fact that the Identification Data have come into the possession of third parties.
4.2. The Customer undertakes not to use Services for any of the actions listed below:
4.2.1. Performance of any actions, except deletion, with Information that is illegal, including discriminating and immoral information, information that violates the safety of private life of the third parties, contains hate speech, violates the rights for intellectual property, etc.;
4.2.2. Direct or indirect use of the Service for
4.2.2.1. prostitution;
4.2.2.2. trading in drugs or psychoactive substances;
4.2.2.3. trading in arms;
4.2.2.4. terrorism;
4.2.2.5. human trafficking;
4.2.2.6. laundering of proceeds from illegal activities;
4.2.2.7. violations of intellectual property rights (including copyrights and ancillary rights, patents and trademarks);
4.2.3. use of Services for untargeted mail advertising (spam, junk mail) or sending of chain letters;
4.2.4. performance of any operations, except deletion, with Information that contains computer viruses or any other malicious code, irrespectively of its form or character of action;
4.2.5. causing obstacles or disruptions in the operation of the Company, the Server or the Portal;
4.2.6. disruption of the operation of other servers and portals.
4.2.7. violations of the rights and legitimate interests of other customers of the Company;
4.2.8. other illegal activities or activities that violate any rights of the Customer.
5. ADVERTISING
The Company is entitled to place advertising in any sections of the Portal. The Company or the partners of the Company may send electronic letters or/and SMS messages with advertising content to the Customer.
6. CONFIDENTIALITY
The privacy terms are governed by the Policy.
7. AMENDMENTS TO THE TERMS AND CONDITIONS
7.1. The Company shall be entitled to change any provision of the Terms and Conditions at any time. The Company shall notify the changes in the Terms and Conditions by placing the respective notice on the Portal. The Company shall take effort to promptly notify on the changes in the Terms and Conditions.
8. TERMINATION OF SERVICE PROVISION
8.1. The Company may terminate the provision of all or a part of the Services at any moment, without providing the explanations of the reasons for such change. The Company will take effort to indicate the causes of the termination of Service provision.
8.2. In the event of the termination of Service due to the causes that are not associated with the actions of the Customer, the Company shall use reasonable effort to promptly notify the Customer on the termination of Services and provide the possibility of saving the Information.
8.3. The Company shall automatically terminate the provision of services and annul the registration of the Customer in the event, where Services are not used for 12 (twelve) months.
9. LIABILITY
9.1. The Customer shall be liable for
9.1.1. All actions by third parties that have been performed with the use of Identification Data;
9.1.2. All information uploaded or stored by the Customer;
9.1.3. All actions and transactions with third parties that the Customer enters into by using the services or in connection with the receipt of the Services.
9.2. The Company shall not be held liable for the non-provision of Services or provision of Services to the lesser extent, for the provision of services of lower quality or limited functionality in comparison with any preceding moment of time (the Company shall not be liable for the deterioration of the Service). Among others, the Company shall not be liable for:
9.2.1. The failure to dispatch electronic mail messages of the Customer or dispatch of such electronic messages with delay;
9.2.2. The failure of the Customer to receive electronic mail messages sent to the Customer or receipt of such electronic messages with delay;
9.2.3. Data errors in the Information sent or received by the Customer;
9.2.4. Non-accessibility of the Server;
9.2.5. Security and unchangeability of the information;
9.2.6. Content of the Information received by the Customer, including for the receipt of illegal, immoral or false Information by the Customer;
9.2.7. Accessibility of the third party websites, including websites of third parties that have placed their advertising on the Portal or third parties, whose advertising is included in the electronic mail sent to the Customer.
9.3. The Company shall not be liable for the actions of the third parties. The Company shall not be held liable for the transactions of the Customer with third parties, including those third parties that the customer has come into contact with by using the Services (for instance, as a result of advertising mailout).
9.4. In the event, where the Company must be held liable, the liability of the Company towards the Customer under all claims of the customer associated with the use of Services shall be limited and under no circumstances may exceed the sum total of EUR 100,00 (one hundred euro) for all claims that are filed or may be filed by the Customer in the future.
10. APPLICABLE LAW AND DISPUTE RESOLUTION PROCEDURES
10.1. The applicable law for the resolution of all issues related to Service provision and relations between the Customer and the Company is the law of the Republic of Latvia.
10.2. In the event of disputes, the Parties shall use all effort to resolve the disagreements by negotiation.
10.3. Where the resolution of disputes by means of negotiation is unsuccessful, the respective dispute shall be resolved by a competent court of the Republic of Latvia. Vidzeme Suburb Court of the City of Riga shall be the court of the first instance.