Rules and Regulations for Providing msafe Electronic Services
In force as of 1 June, 2010

 

§ 1
General Terms and Definitions

The following terms used herein shall be understood in accordance with the following definitions:

1. Rules - shall mean these Rules and Regulations together with any and all appendices thereto.
2. msafe – shall mean mSejf Sp. z o. o. with its registered seat in Warsaw at ul. Poznańska 16 lok. 4, 00-680 Warsaw, registered in the enterpreneour register of the National Court Register maintained by the District Court for the city of Warsaw in Warsaw, XIII Commercial Division of the National Court Register under the KRS No. 0000348361, with the share capital of PLN 1,440,800, NIP 5252472801, REGON 142227430.
3. msafe System – shall mean organized ICT system comprising, in particular, hardware, software, telecommunications links, encrypting systems, client information systems, operating principles and billing systems, dedicated to providing the msafe Service by msafe sp. z o.o.
4. msafe Service - shall mean a service consisting of making disc space on Servers available to the User in the Internet, and the granting of rights (Licence) to use a software managing, on the basis of unique Password and User’s Login name, the on-line making encrypted back-up copies of computer data.
5. User - shall mean a natural or legal person or an organizational unit without legal personality who/which meets the conditions of the Rules and has completed Registration, as a result of which Account(s) have been opened for such User and the msafe Service has been made available to such User.
6. Registration – shall mean the Account opening procedure including in particular specification of unique e-mail address constituting the name of the Account, unique and confidential Password and contact data such as telephone number and address for the billing and/or marketing purposes.
7. Account - shall mean an Account opened for the User on the msafe Servers as a part of the msafe System.
8. Servers – shall mean servers made available to the User by msafe for safekeeping of User’s Data on a disc space dedicated for the User and defined by User’s Login name and secured by the User’s Password.
9. Software - shall mean software provided by msafe in order to transfer data between User’s computer and the Server.
10. User’s Data - shall mean computer files owned by the User.
11. User’s Password - shall mean a sequence of characters securing access to the Account.
12. User’s Login – shall mean a unique sequence of characters, including User’s e-mail address, used jointly with User’s Password in order to authorize access to the Account. For the User’s convenience.
13. msafe Account Agreement – shall mean an agreement for provision of msafe Service on the terms and conditions specified in the Rules, entered into between msafe and the User by the User’s acceptance of the Rules.
14. Subscription Fee – shall mean a fee due for selected by the User accounting period for using msafe Service, as specified in a price list published at msafe.co.
15. Payment Method – shall mean the method of payment of the Subscription Fee provided by msafe and chosen by the User.

§ 2
Entry into msafe Account Agreement and activation of msafe Account

1. Natural persons who are at least 18 years old and have full capacity to enter into legal transactions; natural persons who are at least 13 but not not more than 18 years old and have limited capacity to enter into legal transactions to the extent that they may acquire rights and incur obligations, and legal persons and organizational units without legal personality that may acquire rights and incur obligations in their own name may be the Users.
2. Registration of a natural person using and Registration of a legal person and/or organizational unit referred to in § 2.1 above msafe Service in relation to its business activity („Business Entity”) and exercising any and all other rights and obligations of such Business entity in the msafe System shall be ececuted by a person duly authorized to undertake all such legal actions on behalf of such Business Entity. msafe Service shall be ordered at http://msafe.co/ through an electronic form made available by msafe.
3. A Condition precedent for msafe providing msafe Service and User using msafe Account, shall be User’s entry into msafe Account Agreement and acceptance of the Rules.
4. msafe Account Agreement shall be entered into through User’s placing of an order for the msafe Service and payment of Subscription Fee. msafe Account Agreement shall be entered into for a term coinciding with the selected Subscription period. In the event of a free Account for the testing purposes, the Agreement shall be entered into for the period equal to the period of providing free test Account services. msafe may terminate such agreement at any time subject to the provision of §6.9 below.
5. The User accepts that providing msafe Service shall begin simultaneously with execution of msafe Account Agreement and activation of the Account.
6. Upon accepting the Rules, User represents that:
   1. he/she/it has familiarized with the Rules and undertakes to abide by them; and
   2. he/she/it shall enter any and all data in the msafe System voluntarily and is aware that sych data shall be accessible for msafe and third parties authorized by the User.
7. msafe herby grants to the User a license for installation and use of the Software on the terms and conditions set forth in Schedule No. 1 to the Rules.
8. A User may withdraw from msafe Account Agreement without providing any reason, within ten days of having entered into the Agreement, by making relevant statement via e-mail sent to e-mail address: rezygnacje@MSAFE_URL (aforementioned deadline shall be met the respective e-mail is sent before its lapse). The User shall not be entitled to withdraw from the Agreement if he/she/it has performed any msafe Service activity, in particular, if the User began keep User’s Data on the Account.

§ 3
Basic Rights and Obligations of the Parties

1. Each User may have one or more Accounts within the msafe System.  One Account shall correspond to protection of one computer.
2. The User undertakes to provide upon Registration true personal and contact data and to immediately update them in case of any change in such data.
3. If there is a doubt as to whether the personal or contact data provided by the User is true and correct, msafe may make the Registration or the User’s use of msafe Service conditional on User’s authentication of a data provided in the Registration process in a manner determined by msafe.
4. The User may use msafe Account only for lawful purposes. In particular, User may not place on the Account contents unrelated to the Account’s purpose, including in particular any content infringing third party rights, unlawful, contradictory with good customs or the principles of community life.
5. The User shall be solely responsible for the creating, managing, editing, reviewing, sorting, removing and/or otherwise controlling the data kept on the Account. The User acknowledges that msafe’s role is limited to as a passive transmission channel.
6. The User undertakes to refrain from undertaking via msafe System any activities that might infringe upon third party rights, lead to the breaking of other Users’ Passwords or Logins, as well as attempts to access any third party data and/or generating excessive load on links and other infrastructure used to provide msafe Service.
7. The User undertakes to refrain from, and not to enable third parties to, modifying, creating derivative elements, translating, decompiling, disassembling or breaking the code of the msafe System or any part thereof. Transfer of rights vested in the User (notwithstanding the form of such vesting) to other entities shall also be prohibited.
8. The following shall be prohibited:
   1. User’s resale and/or letting for use of msafe Service in whole or in part.
   2. removal of, amendment to any content sent and kept as a part of msafe Service other than User’s Data, interception, monitoring, and/or modification thereof as well as decompiling of the Software.
   3. introduction of viruses, bugs, Internet software and/or other codes or instructions in order to cause or that have an effect of failure, removal, damage or disassembly of the msafe System.
9. The User shall be obligated not to disclose Password to third parties. msafe shall not be liable for any damage of the User or third parties in case of unauthorized use of the Password.
10. The User shall not be authorized to transfer to third parties rights from msafe Account Agreement, including a license for installation and use of the Software.
11. msafe may commission performance of msafe Service and the running of msafe System to third parties.
12. msafe reserves a right to temporary close the User’s Account or access to selected services provided by msafe System, if msafe assumes that security of the Account is jeopardized. msafe may make further use of the Account by the User conditional upon change of the User’s Password. Once the reason for the temporary closing of the Account has ceased to exist, access to the Account shall be promptly reinstated.

§ 4
Intellectual Property

1. Economic copyrights to graphical elements of the msafe System, including logo: msafe, and layout of the elements, as well as industrial property rights, including the rights from trademark registration and protective rights to trademarks placed in the msafe System shall only be vested in msafe. It is prohibited for the Users to use graphical elements and their layout, or markings that are subject of the rights vested in msafe, save where it is expressly so provided in the Rules or upon explicit consent of msafe.
2. msafe is the owner of all rights to the msafe System. Any and all rights not expressly vested in the User under the Rules shall be reserved for msafe and msafe’s licensors who own relevant rights.
3. Users’ use of msafe System shall not entail transfer, to the Users, of any economic copyrights to texts, works, markings or databases comprised in the msafe System.
4. With regard to the content and works contained on msafe’s web sites, msafe grants the visitors of such web sites a non-exclusive, non-transferable license to use the content and works contained on msafe’s web sites in the following fields of exploitation:
   1. permanent or temporary multiplication of works in whole or in part by any means and in any form, including printing, reprographic technique, magnetic recording and digital technique, including in particular introduction thereof into operating, magnetic, magneto-optical, or optical memory of computers and/or other technical equipment, to the extent that this is necessary to use the contents and works in the manner resulting from their nature and destination and the manner of their presentation on msafe’s websites.
5. With regard to the content and works placed on msafe’s web sites and in the msafe System, visitors and Users shall be bound by the Law dated 4 February 1994 on Copyright and Neighbouring Rights (Journal of Laws (Dz. U.) No.24, item 83, as amended), Law dated 27 July 2001 on Protection of Data Bases (Journal of Laws (Dz. U.) No.128, item 1402 as amended), Law dated 16 April 1993 on Unfair Competition (Journal of Laws (Dz. U.) No.47, item 211, as amended ) and Law dated 30 June 2000 Industrial Property Law (Journal of Laws (Dz. U.) of 2001, No.49, item 508, as amended).

§ 5
Liability

1. msafe does not guarantee that the use of msafe Service or Software shall satisfy User’s expectations. msafe Service and/or the Software are not covered by a guarantee. msafe shall only be responsible for performance of obligations expressly specified in the Rules.
2. msafe shall not be liable in any manner whatsoever in case of the User keeping on the Account any unlawful materials. The foregoing shall in particular include: music and/or film files, software and/or other documents copies of which are a result of any illegal action. In such case, the User shall bear full liability therefor.
3. msafe shall not be liable for unauthorized access to the User’s Data accumulated on the Account, if such access is a result of the User’s intended or unintended actions or omissions.
4. msafe shall not be responsible for User’s Data after the lapse of the term for which the msafe Account Agreement has been entered into. After the lapse of the period for which the Subscription fee was paid, msafe shall have the right to delete any and all data, if the User failed to pay the Subscription fee for a subsequent period.
5. msafe shall not be liable for damage to User’s and/or third party property, including loss of User’s Data resulting from temporary failure or defective operation of msafe System or msafe Service without a fault of msafe, including, in particular, failure or defective operation caused by operation of Force Majeure and/or due to reasons lying on the side of the User.
6. msafe shall not be liable for making the Password, the Login or data placed on the Account available to persons authorized to obtain them from msafe by virtue of law.
7. msafe reserves for the right to temporary limit access to the System and msafe Services for the time of necessary maintenance. The User shall be made aware of limitations in access to the System and msafe Service in at least 24 hours adwance by way of a communiqué placed at msafe.co
8. msafe shall not be liable for any transmitted date if it has not initiated the transmission, has not designated recipients of the data and if it does not remove and/or modify the data being transmitted.
9. msafe shall not be responsible for the data kept and transmitted thereby in respect of which it provides automatic and short-term intermediate safekeeping in order to accelerate renewed access thereto upon request of a different entity; and
   1. generally, does not remove or modify data;
   2. usess accepted IT techniques that are usually employed for such kind of activity specifying technical parameters of data access and data updates; and
   3. does not interfere with making use of accepted IT techniques that are usually employed for such kind of activity in terms of the gathering an information concerning use of the accumulated data.
10. msafe shall not be responsible for loss of data due to loss of password or encryption key. msafe may offer a password recovery mechanism, however may not guarantee that it will be successfull. msafe may not offer encryption key recovery mechanism. Loss of the encryption key shall entail irrecoverable loss of access to data, decrypting of which is practically impossible.
11. msafe shall not be responsible for loss of data due to lack of access to or msafe’s removal of data, even if User has paid Subscription fee, but provided not-working e-mail address. The User must enter correct e-mail address in order to receive systemic information needed to use the msafe System properly.

§ 6
Account Types and Payments

1. msafe offers msafe Services within Account types specified in the price list published at msafe.co
2. msafe offers a service for business entities that have guaranteed access to Services and disc space bought in exchange for a payment of the Subscription Fee. msafe offers a service for individuals, which, in the case of limitless account, guarantees unlimited access to disc space, depending however, on the current resources of msafe System.
3. The User shall be entitled to use the type of Account designated by msafe for the use by the the Users of the given legal qualification of the form of existence.
4. msafe Service is offered on the basis of the price list published at msafe.co
5. The User shall be obligated to pay the full Subscription Fee provided for a given Account type according to the binding price list.
6. Any and all Subscription Fee payment shall be pre-paid using Dotpay payment system. The User shall be obligated to monitor the payment status of and not default on payment of the Subscription Fee.
7. Account Upgrade: means a situation where the User increases used disc capacity in the “My Account” and simultaneously changes the amount of the Subscription Fee.  A User may Upgrade the Account at any time; to this end, msafe shall charge the User with a new amount of the Subscription Fee equal to a difference between: (a) the new Subscription fee selected by the User which shall accrue as of the date of an order to Upgrade the Account; and (b) an amount of prepaid but not yet used Subscription Fee.  Once the payment receipt has been confirmed, msafe shall promptly increase disc space.
8. Prolongation of the Account : Thirty days before the end of the accounting period, msafe shall issue to the User a pro-forma invoice or refer the User to an online payment site in order to pay for the Account for the subsequent accounting period. If the User fails to pay the due amount by the end of the current accounting period, msafe shall inform the User about the necessity to pay for the subsequent period or liquidate the Account and possibility of removing Data from the Account. If no Subscription fee is paid for the subsequent accounting period, msafe shall have the right to remove the Data and close the Account after three days calculated from the last day of the lapsed Subscription period.  In such cases, msafe shall not be liable for any loss of Data.
9. With regard to a free testing Account there is requirement for the specific activity of the User in specific time frame.  In respect of a free accounts with the capacity of 1 GB, the User at least one logging per calendar month is required. After 90 days from the date of User’s latest logging, msafe shall have the right to remove User’s Data without informing the User beforehand, even if it does not entail removal of the Account.
10. msafe may change charges and principles concerning payment for the msafe Service and amend the Rules. Any and all charge changes shall be announced at http://msafe.co/ or via e-mail to an e-mail address provided by the User upon Registration. Any changes to the price list and/or of the principles for payment for msafe service shall not constitute an amendment to the Rules.
11. In the case of the aforementioned changes and/or amendments, the User shall have the right to terminate the msafe Account Agreement upon a thirty-day notice during which msafe Service shall be provided to him/her/it on the current terms and conditions.

§ 7
User’s Data Protection

1. By accepting the Rules, the User acknowledges that msafe shall use his/her/its personal data such as full name (name) (permanent) residence address, e-mail address, date and place of birth, personal identification number PESEL, tax identification number NIP, information on his/her/its profession/occupation, educational background, identity card series and number, and any accounting-related information in order to provide msafe Services and promote its own products and msafe services, pursuant to the Law dated 29 August 1997 on Personal Data Protection (unified wording dated 17 June 2010, Journal of Laws (Dz. U.) No. 101, Item 926, as amended). The User shall have the right to review and request modification of the data. Providing the data is voluntary.
2. If the User grants specific consent thereto, the User’s personal data may be provided to other entities cooperating with msafe for the marketing purposes and/or used for sending commercial information to the Users by electronic means of communication.
3. msafe collects and process personal data provided by the Users in compliance with the applicable law.
4. the Users’ personal data may not be disclosed to other Users, save where such disclosure is made upon a consent of the person concerned.
5. Function and the purpose of the software and/or data introduced to the ITC system used by the User and not included in the content of the msafe Service (cookies) is to maintain statistics of visits of msafe’s website. Google Analytics has been installed on the part of msafe website that is available for the Users who are not logged in order to analyse the website audience. Google Analytisc employs so-called cookies placed in User’s web browser in order to enable analysis of how the users use the website. Information obtained with the use of the cookies shall be provided to and safe kept by Google on servers located in the United States. Google shall only use the information to assess users’ use of the website, create reports concerning web traffic for website operators and to provide other services related to web traffic and use of Internet.  Google may also provide the information to third parties if it is obligated to do so by appliceable law and regulations or if the said parties process such information on behalf of Google. Google shall not combine user’s IP with any other data in its possession.  The User may resign from the cookies by selecting relevant settings in his/her/its web browser, however, it should be noted that in such a case use of all functions of the web site ma not be possible. By viewing respective web site, a user accepts Google’s processing of data pertinent to the User in the manner and for the purpose as specified above.
6. msafe web site available for the Users logged in only, does not employ Google Analytics and nor any analysis of its audience is run.

§ 8
Complaints

1. A User may lodge a complaint, if msafe does not perform the msafe Service, performs it defectively or inconsistently with the Rules.
2. A complaint may be lodged in writing or in an electronic form and sent to e-mail address: reklamacje@MSAFE_URL.
3. A complaint should contain at least the following:
   1. data concerning the User, including data enabling contact and identifying him/her/it as the User of msafe Account; and
   2. specification, to the extent possible, of details of the defective operation of msafe System or msafe Service performed by the System that is complained about.
4. If the details or information provided in the complaint are incomplete or incomprehensible, msafe shall request the complainant to supplement it/them within the relevant scope.
5. msafe shall consider the complaint within 30 days from the date of receipt thereof in a proper form.
6. Response to the complaint shall only be sent to the e-mail address provided by the User upon the Registration or properly amended therafter. In particularly justified circumstances, msafe may send the response to an e-mail address specified by the complainant that is different from the address provided by the User upon the Registration or properly amended thereafter.

§ 9
Termination of the msafe Account Agreement

1. A User may terminate msafe Account Agreement at any time by making a statement about the termination through filing out a form available at msafe.co. The Agreement shall be terminated as of the date specified in the form, subject to the condition precedent of removing all data from the Account prior to making a statement on termination. Failure to remove the data shall result in ineffective termination of the Agreement.
2. If the msafe Account Agreement is terminated effectively pursuant to § 9.1 above, msafe shall reimburse the User with the amount calculated as the amount of the Subscription fee paid reduced by the Subscription fee due for the period when msafe Service was use and msafe’s expenses related to refund of the Subscription fee (banking charges). Any unused Subscription fee shall be refunded in the way corresponding to the method it was paid, after 30 days from the date of termination being effective.
3. msafe may terminate the msafe Account Agreement for important reasons upon a 3 –days termination notice. The important reasons shall in particular include User’s breach of the Rules.
4. if msafe Account Agreement is terminated upon msafe’s decision, the User shall not be entitled to re-Register in the msafe System without a prior consent from msafe.
5. In every case of terminating the msafe Account Agreement, the User shall be obligated to remove User’s Data from the Account. If the Data is not removed, msafe shall have the right to irretrievably delete User’s Data after the lapse of three days from the date of termination of the Agreement.

§ 10
Technical Conditions

1. An additional cost borne by the Users in connection with use of the msafe Service shall consist of the cost of connection with msafe servers. The cost shall depend on duration of the connection and tariff used by the provider of the network services used by the Users.
2. It shall only be possible to fully use msafe Service if the User’s computer shall meet relevant technical requirements. The User shall be solely responsible for the ensuring of technical compatibility of his/her/its computer system with the msafe services.
3. In order to be able to use the Service, the User should have hardware meeting the following technical requirements:
   1. computer equipped with Windows XP, Vista, 7, together with the most recent Service Pack and Microsoft version. NET 3.5; and
   2. an active link to the Internet.
4. Since it operates in accordance with stringent data protection standards, msafe:
   1. protects access to User’s Account based on unique password appropriate for each User,
   2. encrypts all of user’s files with Advanced Encryption Standard algorithm and a 256-byte key, 
   3. secures transmission of data using HTTPS protocol, which, due to being secured with SSL, ensures confidentiality and integrity of transmission and relevant authentication of both parties thereto.
5. Specific risks related to Users’ using the msafe Service includes their use of web browser without using the means of security described in the documentation of the web browser and msafe documentation. In particular, the foregoing is true of using mechanisms enhancing the capabilities of web browsers by functions going beyond the HTML standard. In the case of improper configuration of web browser fire walls it is also possible to intercept data sent to and from the world wide web server. Moreover, the use of the msafe Service requires making available basic information about the User’s computer, including IP address, domain, address of previously visited web site (the site from which the User connected with the msafe site by selecting relevant link), web browser and operating system used by the User, etc.
6. msafe draws User’s attention to the necessity of knowing and adhering to the rules of safe use of the Internet. A User who is responsible for confidentiality of his/her/its own data entered in the system, should pay particular attention to the following:
   1. HTTPS protocol and SSL algorithm;  
   2. choice of a proper password;
   3. having a firewall in place;
   4. the current software; and
   5. having anti-virus software in place.
7. msafe recommends checking before logging in whether HTTPS protocol is conspicuous on the web browser stripe. Conspicuousness of the protocol may be double fold:
   1. address displayed in the web browser shall start with: https://, rather than: http://.
   2. in the lower right-hand corner of the screen, a closed padlock icon shall be visible which means secure SSL encryption.
8. msafe recommends to the User to choose such User’s Password that its use shall not be possible for use by any third party. The password should be composed of at least 8 characters, include capital and small letters, digits and special characters. The Password may not be made available to third parties, written down in a visible place, etc.
9. When browsing the Internet, each User should have a firewall installed on the computer.
10. msafe recommends regular updating of the operating system and software installed on the computer, which increases security of the User’s Data.
11. msafe recommends using of the current and the latest anti-virus software.

§ 11
Final Provisions

1. If any provision of the Rules shall be held invalid by any final court decisions, the remaining provisions of the Rules shall continue to be in effect.
2. msafe Account Agreement shall be governed by Polish law. Any and all disputes related to services provided by msafe within the msafe System shall be settled by competent Polish common appropriate for the seat of msafe. General provisions of law, including in particular the Polish Civil Code shall apply to any and all matters not regulated in the Rules.
3. msafe reserves the right to modify and/or amend the Rules.  The User shall be notified from time to time of amendment and/or modification to the Rules via e-mail sent to the e-mail address specified upon the Registration or properly notified to msafe therafter or at: msafe.co, at least thirty days before an amendment to and/or modification of the Rules.
4. Full acceptance of the Rules, as amended, shall be a condition precedent for further use of the msafe System. While logging-in for the first time to the msafe System, after a modification of the Rules, after having familiarized with new content of the Rules, the User shall be obligated to make a statement to the effect that he/she/it accepts the amended Rules. The making of a statement shall be tantamount to making a declaration of will to continue the Agreement. If amendments and/or modifications to the Rules are not accepted, the User shall thereby terminate the Agreement effective 30 days from the date of non-acceptance of the Rules and shall be obligated to remove data in his/her/its Account thereafter.
5. The Rules contains the following appendices forming an integral part thereof: (a) licence to use the Software.
6. Links contained in the electronic version of the Rules, including the appendices, shall only facilitate browsing the pages of the msafe System. Documents other than those specified above as the appendices shall not constitute any part of the Rules.