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SPAMELA - CONDITIONS OF USE

This agreement establishes the legal terms and conditions governing the agreement between you (the “Clients” or “you”) and Cyber Génération Inc. (“CYBER GÉNÉRATION” or “us”) for the use of CYBER GENERATION’s anti-spam software solution, SPAMELA (“SPAMELA”).

SPAMELA is available to Clients that have accepted the conditions of this agreement, subsequent to its being read and signed by a duly authorized representative.

SPAMELA anti-spam services

SPAMELA filters and prevents undesirable e-mail messages and other potentially detrimental files from reaching your mailbox. These undesirable messages include:

  • Spam messages (various formats)
  • Phishing e-mails
  • Computer viruses
  • Spyware

Access to SPAMELA anti-spam services

The Client must contact CYBER GENERATION to subscribe to the SPAMELA solution and open a Client account. The Client pays the rate in force at the time of his account’s opening. It is understood that CYBER GENERATION may modify this rate at any time by sending a notice in this regard to the Client.

False positives and verification measures

SPAMELA anti-spam services have an excessively low false positive rate, i.e., the percentage of “good” e-mails that are mistakenly filtered or blocked: 0.0001%. As a security measure, CYBER GENERATION saves all intercepted e-mail messages for a period of thirty (30) days. Should you ever learn or have reason to believe that a legitimate e-mail has been blocked, you have the option of checking all blocked messages via your own e-mail management console, made available by CYBER GENERATION. As the case may be, you can then forward any desired e-mails to your mailbox.

International e-mail blacklist ; CYBER GENERATION relies on reputed suppliers that identify spammers and record them on regularly updated, global “blacklists”. E-mails from such blacklisted sources are intercepted before they even reach CYBER GENERATION. Should a Client complain of being on such a blacklist or of not receiving e-mail from a source appearing on such a list, CYBER GENERATION will provide the names of the authorities concerned to the Client, at the latter’s request and whenever such information is available. If applicable, the Client will be asked to contact the supplier in question directly, to notably request (including explanations) that the issuer in question be removed from the list.

CYBER GENERATION’s blacklist ; CYBER GENERATION also manages its own blacklist on which it includes certain issuers, at its sole discretion and based on reasonable motives leading it to believe that the entities in question are sending out spam or other undesirable messages.

Closing of a Client account

Unacceptable or faulty Client behaviour ; CYBER GENERATION reserves the right, at its sole discretion, to close a Client account and terminate this agreement, by sending a notice in this regard to the Client, should the latter contravene any applicable law, violate the rights of CYBER GENERATION, or fail to adhere to one of its obligations under the present document [or the Privacy policy appended herewith], and this if CYBER GENERATION considers that the Client’s behaviour hinders or may hinder the operations, interests or reputation of CYBER GENERATION, its representatives or its authorized sub-contractors.

Limitation of liability

In executing the Service, CYBER GENERATION shall perform to the best of its ability, in compliance with good trade practices and using cutting-edge technology that is updated on an ongoing basis. Given technological limitations as well as the limits established by law, CYBER GENERATION does not guarantee, in any manner whatsoever, the technical performance or results ensuing from use of its Service. Nor does it offer any guarantee with regard to merchantability. Within applicable legal limits, CYBER GENERATION may in no instance be held responsible for any direct or indirect damages resulting from the interception of a false positive, the inclusion of your company or any related enterprise on a blacklist, or the inability to access e-mails or use any devices, systems, programs or elements concerned by the Service. This includes damages associated to lost profits, lost opportunities, business interruptions or loss of data. In all eventualities, CYBER GENERATION’s liability will be limited to the amount paid for the Service.

Applicable jurisdiction

This agreement is governed by the laws of the Province of Québec, which control both its execution and interpretation. The parties agree that any dispute, claim or legal case will be heard in front of the courts of Québec, Canada.

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