Preamble
The following terms of use (hereafter referred to as the "Terms of Use") set out the terms and conditions under which E-monsite (refer to legal notes) provides its personal web page creation and hosting services.
E-monsite is not responsible for the content of the websites created using the tools provided on the emyspot.com website.
Legal notes
emyspot.com is published by:
SARL E-monsite
French Company Registration Number:
- Siret : 794 282 202 00017
- APE : 6201Z
Located in:
19 rue Lamartine
80000 Amiens, FRANCE
Contact form
Acceptance of the Terms of Use
By visiting the website www.emyspot.com, you agree to abide by the emyspot.com Terms of Use as set out herein. As these terms may be modified at any time, you are strongly advised to regularly check the Terms of Use (a copy of which is available at all times on the emyspot site) for any changes. All visitors to www.emyspot.com are defined as its "Users" for the purposes of these Terms of Use, and as such are subject to them.
Our services are offered only to those persons legally able to personally engage in a contractual relationship under French law. Our services are not to be used by persons under the age of 18, without the consent and supervision of their parents or legal guardians.
Website creation and content
E-monsite provides its Users with storage capacity for them to stock online content such as text and images. Any such stored content must not:
- Breach French law. Content which violates French law includes (but is not limited to) information relating to hacking, software piracy, warez and illegal downloading, materials susceptible to incite racism, sexism, homophobia or criminal activity, child pornography and Nazi-related content etc.
- Be false, imprecise, fabricated or fraudulent.
- Breach copyright (whether of a work's authors or any other copyright holders, and including but not limited to trademarks, design or manufacturing secrets, intellectual property) or individuals' rights to privacy
- Be defamatory, slanderous, libelous or discriminatory, or incite violence or racial, religious or ethnic hatred.
- Include any form of obscene, pornographic or pedophilic content (including but not limited to images and text).
- Contain computer code, of any kind, designed to damage or surreptitiously intercept any automated system or information of any nature.
- Offer the possibility for web visitors to win or earn money with any form of "get rich quick" schemes (including, but not limited to, pyramid schemes, sponsoring, e-book kits etc.).
- Be created with the sole purpose of advertising external websites (including but not limited to the promotion of third-party websites via "linkspamming" techniques designed to artificially manipulate the search engine ranking of third-party website)
- Artificially increase website traffic (autosurf, popup under, barres de surf, etc..)
- Be the target of DDoS attacks (denial of service), which is seriously prejudicial to the platform stability, that interfere with the good functioning of the service and adversely affect other users.
Responsibilities
Each User (as identified by their sign-on credentials and who, by creating their account, have explicitly agreed to adhere to these Terms of Use) is legally responsible for all content stored on their account or displayed on their site. For the purposes of these Terms of Use, the term "Content" refers to all texts, images and any other media present on the pages of the User's website or stored by the User in their emyspot storage space, excepting those elements comprising the visual templates emyspot provides for its Users. Users are responsible for all comments which visitors may leave on their website, and agree to verify their websites regularly to ensure the removal of any Content or commentary susceptible to breach the present Terms of Use.
In the event of a breach of the Terms of Use by a User, emyspot reserves the right to delete the User's account, including all the User's content stored on its servers, immediately and without informing the User.
In the event that a User's website is subject to an unusually large surge in web traffic (including but not limited to Denial of Service and Traffic floods), emyspot reserves the right to undertake the appropriate remedial action it deems necessary (including but not limited to temporarily or permanently suspending access to websites created, in whole or in part, by the User), without prior notification to the User. Users will be informed of the action taken and its cause as soon as possible following the action. Currently active service subscriptions for such websites will be refunded on a pro-rata basis equivalent to the remaining duration of the active service subscription(s) (in the event that the website is not reactivated) or prolonged for a period equivalent to the period of inaccessibility of the website (in the event that the website is later reactivated).
User obligations
Users agree to provide factual information during the creation of their emyspot account. If any such information is changed at any time during the course of their use of emyspot's services, Users will inform emyspot immediately.
Users agree that the content of their websites and any content (including but not limited to commentary or other written content) posted to the User forum or anywhere throughout the website https://www.emyspot.com is not in breach of any relevant laws. Users are reminded that they are entirely responsible for all content appearing on their website and that E-monsite bears no legal responsibility for a User's content.
Users agree to ensure that no content appearing on their website, or stored in their User storage space, is in breach of relevant copyright legislation.
Users authorize emyspot to promote their website in any way and by any means it chooses (including but not limited to the reuse of all or part of a website, or elements of it, and links from and to it). emyspot is not legally responsible for any prejudice resulting from its promotion of Users' websites.
Users guarantee that all information stored on their website or in their user storage space is either free of copyright restrictions, or that they in possession of the necessary copyright authorizations.
Users agree not to use the tools emyspot provides for any purpose (including, but not limited to, data storage) other than the creation and publication of personal or commercial websites.
Users agree not to include any links to, or addresses of, any external website that is in breach of the relevant legislation, copyright, or these Terms of Use.
Users agree to not to engage in mass emailing or sending unsolicited e-mail "spam", or any similar practice, via e-mail accounts created in the site manager and linked to the Domain namePRO service. Any accounts used for such purposes will be disabled.
Users agree to update their website at least once per year. Websites that have not been updated in the last 12 months, with no attached paid services and which did not have any visitors during at least 6 months will be considered as inactive and eligible for deletion.
Users will receive a mail on the email address provided on the Users' account. This email informs of the website deletion under 60 days, if no update is made on the inactive website within that time frame.
If the website gets deleted for inactivity, it still can be reactivated within a time frame of 30 days. In this case, the User must notify the support team of its wish.
E-monsite's responsibilities
E-monsite cannot be held responsible for the content of its Users' websites. Users agree and acknowledge that they are solely responsible for all information and content (including, but not limited to, files, text, images, software and program code) contained on their website or in their User storage space.
Users agree to take full responsibility, and to indemnify E-monsite from any responsibility, for any loss, damage, claim, dispute or expense (including, but not limited to, legal fees) claimed by any third party or other emyspot User as a result of the content, or use, of their User website.
E-monsite undertakes to act reasonably and within its means to provide the services outlined in these Terms of Use. It cannot, however, be held responsible for any loss, prejudice or damage (whether direct or indirect) incurred by a User as a direct or indirect result of the management, use, exploitation, interruption or malfunction of its services.
E-monsite cannot be held responsible for the content of, or access to, any external site. E-monsite does not verify, nor can it held accountable for, the content of, ideas or opinions expressed on, or goods or services sold by any external website.
Users are wholly responsible for any and all references, addresses or links to any external website they may include on their User website and indemnify E-monsite from any dispute or claim that may arise as a result of the inclusion of any such reference.
E-monsite provides no guarantee as to the integrity or safeguard against loss of any data Users may store in connection with its services (including, but not limited to, the content of a User's website).
Users are entirely responsible for the content they transfer and for any safeguards against data loss they see fit to enact.
E-monsite reserves the right to incorporate banner or pop-up advertising in Users' websites for any third party. E-monsite undertakes to ensure that any such advertising respects the Terms of Services, and that no advertising appearing on Users' sites is for pornographic or adult services.
Users cannot, under any circumstances, request payment or compensation on the part of E-monsite or advertising sponsors. E-monsite reserves the right to delete, modify or move any banner or other form of advertizing appearing on Users pages without informing, or obtaining the consent of, Users.
E-monsite cannot be held responsible for any service interruption.
E-monsite cannot guarantee any minimum level of visitation of User's sites.
E-monsite cannot guarantee any minimum level of income or profit by Users.
In particular, E-monsite cannot be held responsible for:
- any malfunction, interruption or reduction in quality of the services it provides its Users,
- any contractual offer or obligation appearing on, or resulting from the use of, a User's website, or any dispute or outcome of any nature arising as a result of any such relationship,
- any latent or hidden defect, compliance, legality or danger arising from or associated with any goods or services mentioned or sold on a User's website, or
- misrepresentations, exaggerations, fraud or violence committed by its Users.
E-monsite's responsibilities
< 2>Preamble
The following terms of use (hereafter referred to as the "Terms of Use") set out the terms and conditions under which E-monsite (refer to legal notes) provides its personal web page creation and hosting services.
E-monsite is not responsible for the content of the websites created using the tools provided on the emyspot.com website.
Legal notes
emyspot.com is published by:
SARL E-monsite
French Company Registration Number:
- Siret : 794 282 202 00017
- APE : 6201Z
Located in:
19 rue Lamartine
80000 Amiens, FRANCE
Contact form
Acceptance of the Terms of Use
By visiting the website www.emyspot.com, you agree to abide by the emyspot.com Terms of Use as set out herein. As these terms may be modified at any time, you are strongly advised to regularly check the Terms of Use (a copy of which is available at all times on the emyspot site) for any changes. All visitors to www.emyspot.com are defined as its "Users" for the purposes of these Terms of Use, and as such are subject to them.
Our services are offered only to those persons legally able to personally engage in a contractual relationship under French law. Our services are not to be used by persons under the age of 18, without the consent and supervision of their parents or legal guardians.
Website creation and content
E-monsite provides its Users with storage capacity for them to stock online content such as text and images. Any such stored content must not:
- Breach French law. Content which violates French law includes (but is not limited to) information relating to hacking, software piracy, warez and illegal downloading, materials susceptible to incite racism, sexism, homophobia or criminal activity, child pornography and Nazi-related content etc.
- Be false, imprecise, fabricated or fraudulent.
- Breach copyright (whether of a work's authors or any other copyright holders, and including but not limited to trademarks, design or manufacturing secrets, intellectual property) or individuals' rights to privacy
- Be defamatory, slanderous, libelous or discriminatory, or incite violence or racial, religious or ethnic hatred.
- Include any form of obscene, pornographic or pedophilic content (including but not limited to images and text).
- Contain computer code, of any kind, designed to damage or surreptitiously intercept any automated system or information of any nature.
- Offer the possibility for web visitors to win or earn money with any form of "get rich quick" schemes (including, but not limited to, pyramid schemes, sponsoring, e-book kits etc.).
- Be created with the sole purpose of advertising external websites (including but not limited to the promotion of third-party websites via "linkspamming" techniques designed to artificially manipulate the search engine ranking of third-party website)
- Artificially increase website traffic (autosurf, popup under, barres de surf, etc..)
- Be the target of DDoS attacks (denial of service), which is seriously prejudicial to the platform stability, that interfere with the good functioning of the service and adversely affect other users.
Responsibilities
Each User (as identified by their sign-on credentials and who, by creating their account, have explicitly agreed to adhere to these Terms of Use) is legally responsible for all content stored on their account or displayed on their site. For the purposes of these Terms of Use, the term "Content" refers to all texts, images and any other media present on the pages of the User's website or stored by the User in their emyspot storage space, excepting those elements comprising the visual templates emyspot provides for its Users. Users are responsible for all comments which visitors may leave on their website, and agree to verify their websites regularly to ensure the removal of any Content or commentary susceptible to breach the present Terms of Use.
In the event of a breach of the Terms of Use by a User, emyspot reserves the right to delete the User's account, including all the User's content stored on its servers, immediately and without informing the User.
In the event that a User's website is subject to an unusually large surge in web traffic (including but not limited to Denial of Service and Traffic floods), emyspot reserves the right to undertake the appropriate remedial action it deems necessary (including but not limited to temporarily or permanently suspending access to websites created, in whole or in part, by the User), without prior notification to the User. Users will be informed of the action taken and its cause as soon as possible following the action. Currently active service subscriptions for such websites will be refunded on a pro-rata basis equivalent to the remaining duration of the active service subscription(s) (in the event that the website is not reactivated) or prolonged for a period equivalent to the period of inaccessibility of the website (in the event that the website is later reactivated).
User obligations
Users agree to provide factual information during the creation of their emyspot account. If any such information is changed at any time during the course of their use of emyspot's services, Users will inform emyspot immediately.
Users agree that the content of their websites and any content (including but not limited to commentary or other written content) posted to the User forum or anywhere throughout the website https://www.emyspot.com is not in breach of any relevant laws. Users are reminded that they are entirely responsible for all content appearing on their website and that E-monsite bears no legal responsibility for a User's content.
Users agree to ensure that no content appearing on their website, or stored in their User storage space, is in breach of relevant copyright legislation.
Users authorize emyspot to promote their website in any way and by any means it chooses (including but not limited to the reuse of all or part of a website, or elements of it, and links from and to it). emyspot is not legally responsible for any prejudice resulting from its promotion of Users' websites.
Users guarantee that all information stored on their website or in their user storage space is either free of copyright restrictions, or that they in possession of the necessary copyright authorizations.
Users agree not to use the tools emyspot provides for any purpose (including, but not limited to, data storage) other than the creation and publication of personal or commercial websites.
Users agree not to include any links to, or addresses of, any external website that is in breach of the relevant legislation, copyright, or these Terms of Use.
Users agree to not to engage in mass emailing or sending unsolicited e-mail "spam", or any similar practice, via e-mail accounts created in the site manager and linked to the Domain namePRO service. Any accounts used for such purposes will be disabled.
Users agree to update their website at least once per year. Websites that have not been updated in the last 12 months, with no attached paid services and which did not have any visitors during at least 6 months will be considered as inactive and eligible for deletion.
Users will receive a mail on the email address provided on the Users' account. This email informs of the website deletion under 60 days, if no update is made on the inactive website within that time frame.
If the website gets deleted for inactivity, it still can be reactivated within a time frame of 30 days. In this case, the User must notify the support team of its wish.
E-monsite's responsibilities
E-monsite cannot be held responsible for the content of its Users' websites. Users agree and acknowledge that they are solely responsible for all information and content (including, but not limited to, files, text, images, software and program code) contained on their website or in their User storage space.
Users agree to take full responsibility, and to indemnify E-monsite from any responsibility, for any loss, damage, claim, dispute or expense (including, but not limited to, legal fees) claimed by any third party or other emyspot User as a result of the content, or use, of their User website.
E-monsite undertakes to act reasonably and within its means to provide the services outlined in these Terms of Use. It cannot, however, be held responsible for any loss, prejudice or damage (whether direct or indirect) incurred by a User as a direct or indirect result of the management, use, exploitation, interruption or malfunction of its services.
E-monsite cannot be held responsible for the content of, or access to, any external site. E-monsite does not verify, nor can it held accountable for, the content of, ideas or opinions expressed on, or goods or services sold by any external website.
Users are wholly responsible for any and all references, addresses or links to any external website they may include on their User website and indemnify E-monsite from any dispute or claim that may arise as a result of the inclusion of any such reference.
E-monsite provides no guarantee as to the integrity or safeguard against loss of any data Users may store in connection with its services (including, but not limited to, the content of a User's website).
Users are entirely responsible for the content they transfer and for any safeguards against data loss they see fit to enact.
E-monsite reserves the right to incorporate banner or pop-up advertising in Users' websites for any third party. E-monsite undertakes to ensure that any such advertising respects the Terms of Services, and that no advertising appearing on Users' sites is for pornographic or adult services.
Users cannot, under any circumstances, request payment or compensation on the part of E-monsite or advertising sponsors. E-monsite reserves the right to delete, modify or move any banner or other form of advertizing appearing on Users pages without informing, or obtaining the consent of, Users.
E-monsite cannot be held responsible for any service interruption.
E-monsite cannot guarantee any minimum level of visitation of User's sites.
E-monsite cannot guarantee any minimum level of income or profit by Users.
In particular, E-monsite cannot be held responsible for:
- any malfunction, interruption or reduction in quality of the services it provides its Users,
- any contractual offer or obligation appearing on, or resulting from the use of, a User's website, or any dispute or outcome of any nature arising as a result of any such relationship,
- any latent or hidden defect, compliance, legality or danger arising from or associated with any goods or services mentioned or sold on a User's website, or
- misrepresentations, exaggerations, fraud or violence committed by its Users.
Access and users' personal data protection
E-monsite attaches grate importance to the personal data protection of it's Users and their website visitors / members / subscribers / clients.
We are controllers in respect of processing User's personal data. The object of these provisions is to informe you about how we use and protect your personal data and the reasons why we process this data. It is worth to remember that the new European General Data Protection measures will enter into force on May 25th 2018.
The European Regulation of April 27th 2016 establishes rules for the protection of individuals with regard to the processing of personal data and rules on the free movement of these.
Data collected by emyspot as the Data Controller
Emyspot intervenes as the data controller of its Users personal data, as such, emyspot collects data in order to provide services.
According to the Article 24, Chapter 4, we've implemented appropriate technical and organisational measures to ensure and be able to prove that the process is carried out in accordance with the GDPR (General Data Protection Regulation) and to guarantee the data security.
Emyspot, as the responsible controller, is required to collect all or part of the following data:
Information related to the Service User identification.
- Company name
- Status
- E-mail address
- First Name and Last Name
- Username
- Mailing address
- Country
- Telephone number
- Fax
- Website
- Company Registration Number Number
- Position held
- Newsletter subscription
- Google+ ID
- Facebook ID
Information related to the Service registration
- Offer
- Offer expiration date
- Prices
- Payment method
Usage information
- Login date to emyspot tool "Manager"
- Activity journal
- Action scope, "add / modify / delete", of an emyspos item.
These data are directly registred by the User upon the registration or subsequently via the manager's interfaces. Emyspot does not collect any personal data implicitly.
Purpose for collecting and processing the personal data:
- For inscription to the webtool
- To communicate with users
- For invoicing purposes
- To provide activity and control journals to the User.
- To compile internal satistics
- To send newsletters to keep Users informed about the Service and any possible sales or promotional offers
- For other needs that emyspot could define and then communicate to the User. Otherwise, User consent will be requested if necessary. This may involve further processing of personal data for other purposes than the one for which the personal data were collected. The data controller shall first provide the data subject with information about the other purposes or any other relevant information (Chapter 3, Article 13 of the GDPR).
Disclosure of User's personal data:
Emyspot may share the data colleced wih:
Its parent company, AWELTY SARL (SIRET: 491 400 214 00046 / Central Office: 19 rue Lamartine 80000 AMIENS)
Its accounting firm in order to meet its reporting obligations
Public organisations (Police, Justice, Tax Services, Social Services...) upon official request within the limits and in compliance with legal procedures applicable in France. Emyspot does not provide or sell its Users' data to any organization and does not have its Users' data processed by subcontractors.
How long these personal data are kept:
- Identification information: for the entire duration of the service provision + 3 years in order to allow a User to easily reactivate his service.
- Information related to the registration service: throughout the service provision period + 10 years in order to meet accounting obligations.
- Information related to the use: for the entire duration of the service provision + 1 year in order to comply with French legislation, in particular the Article 3 of Decree Number 2011-219 of February 25th 2011 on the storage and communication of data identifying any person who has contributed to the creation of content posted online.