Contractual document
Special Terms — Email and archiving
This document brings together the Special Terms of your offer and the General Terms applicable to all DINAO services. Together they form a single, indivisible contract.
Special Terms · Email and archiving
Email · Email (v2024) · Anti-spam solution · Archiving solution
1. Nature of the Service
DINAO provides the Customer with email accounts hosted in France, accompanied where applicable by anti-spam filtering, within the quotas provided for in the subscribed offer. The archiving solution, hosted in France, is an additional service described in Article 6. Microsoft 365 licences are governed by the Special Terms “Third-party publisher licences”.
2. Effect of a suspension
The suspension of an account blocks the sending and retrieval of messages by the Customer. Receipt continues and messages remain stored on the server for the duration of the suspension, within the limit of the subscribed quota.
3. Resources and overuse
3.1 Resources of the service
The resources of the email service are capped by the server. They fall under Article 3 of the Common Terms “Resource consumption and overuse”, reproduced after these Special Terms (information only):
| Resource | Category | Measurement | Overuse threshold | Measure in the absence of regularisation |
|---|---|---|---|---|
| Mailbox storage space | capped | email server | not applicable: beyond the subscribed space, incoming messages are rejected and returned to their sender | information only; warning at 90% and upon overuse |
| Sending rate | capped | email server | not applicable: beyond 75 recipients per two-minute interval, sending from the account is automatically suspended | Customer informed; sending restored after verification that the account has not been hijacked |
It is the Customer's responsibility to monitor its consumption from its customer area and to adapt its offer.
3.2 Bulk mailings
The sending rate limit protects the Customer against the hijacking of its account and protects the reputation of the sending addresses shared between customers. Bulk mailings (newsletters, campaigns) must go through a service dedicated to such mailings; the sending of unsolicited email remains governed by Article 4.
4. Use of the email service
The sending of unsolicited email, whether in bulk or of a non-consented advertising nature, is prohibited. Since the sending IP address is shared, such use degrades the deliverability of all customers and engages the liability of its author, without prejudice to the additional invoicing provided for in Article 7.9 of the General Terms.
5. Anti-spam filtering
Filtering relies on statistical analysis and reputation methods. No method guarantees the total absence of false positives or false negatives. It is the Customer's responsibility to check its quarantine area periodically.
6. Archiving
Archiving is an additional service, separate from the email service: it keeps a copy of the messages of the mailboxes that the Customer attaches to it, whether those mailboxes are hosted by DINAO or by another provider. The retention period and the archived scope are those defined at the time of order. It is the Customer's responsibility to verify that these settings meet its legal retention obligations.
7. Backups
No mailbox backup service is provided to the Customer: DINAO does not restore, at the Customer's request, deleted messages or folders. The backups of the email infrastructure (Article 17 of the General Terms) serve solely to restore the service after an incident. It is the Customer's responsibility to keep its own copies, through its email client software or through the archiving solution (Article 6).
8. Right of withdrawal
8.1 Principle
The Customer who is a consumer, as well as the business customer in the cases provided for in Article L221-3 of the French Consumer Code (Code de la consommation), has a period of fourteen days from the conclusion of the contract to withdraw, without having to give reasons for its decision (Article L221-18 of the same code). It exercises this right from its customer area, under the conditions of Article 12 of the General Terms.
8.2 Immediate start of the Service
Email accounts, anti-spam filtering and archiving are put into service upon order. Before confirming its order, the Customer expressly requests, by means of a separate checkbox, that the Service begin before the end of the withdrawal period, and acknowledges that, if it withdraws, it will pay for the service provided up to its withdrawal. This request does not cause it to lose its right of withdrawal.
8.3 Amount due and refund
In the event of withdrawal, the Customer pays an amount proportionate to the Service provided up to the communication of its decision, calculated pro rata to the price of the current period (Article L221-25 of the French Consumer Code). DINAO refunds the excess of the sums paid no later than fourteen days after having been informed of its decision, using the means of payment used for the order, unless the Customer agrees to another means (Article L221-24 of the same code). The Service ends on the date of withdrawal; the Customer's data are processed under the conditions of Article 19 of the General Terms.
8.4 Renewal
Renewal of the Service extends the contract concluded at the time of order: it does not give rise to a new right of withdrawal. The Customer who does not wish to renew deactivates automatic renewal under the conditions of Article 6.7 of the General Terms.
Common Terms · Resource consumption and overrun
Virtual private servers · Managed Docker containers · Shared application hosting · Hosted databases · Email
1. Definitions
- Capped resource: resource whose limit is enforced by the infrastructure itself, so that the Service cannot technically exceed it (for example, the number of virtual processors or the memory of a container).
- Uncapped or shared resource: resource whose consumption is not technically limited per service, or which is pooled between several customers (for example, the bandwidth of a physical server, its disk access, or the processor of a shared hosting server).
- Overrun: consumption of an uncapped or shared resource above the threshold set by the Special Terms, sustained for the duration they specify. A one-off peak is not an overrun.
2. Measurement
Consumption is measured by DINAO's monitoring tools. Their readings are authoritative between the parties; DINAO provides the Customer, on simple request, with the readings for the period in question, in accordance with Article 18 of the General Terms. No threshold may be enforced against the Customer for a resource that DINAO does not measure.
3. Capped resource reached
When a capped resource reaches its limit, the Service continues to operate within that limit. This is not an overrun: no restriction or cut-off measure is taken on that account. DINAO may inform the Customer of it and indicate the offer or tier suited to its consumption; the Customer remains free to act on it or not.
4. Information to the Customer
When an overrun is observed, DINAO informs the Customer by email sent to the account contact and by a support request opened in its customer area. The notice specifies:
- the service and resource concerned;
- the consumption recorded, the measurement period and the applicable threshold;
- the options available to the Customer (Article 5) and the time allowed;
- the measure that will be applied in the absence of a response or of regularisation;
- where the Service is provided on shared infrastructure (hosting, databases, containers), the offer of a virtual private server provided for in the paragraph "Suitable offer" of the Special Terms.
If the Customer has neither responded nor reduced its consumption, DINAO sends it a reminder four days after the notice.
5. Response period and Customer's options
The Customer has seven (7) calendar days from the notice to:
- reduce its consumption below the applicable threshold;
- subscribe to a suitable offer or tier, at the current rate. No change of offer or tier is invoiced without the Customer's express consent;
- dispute the finding, by a reasoned reply to the support request. A reasoned dispute suspends the period, once, until DINAO's reply.
Where a new overrun of the same resource occurs within six months following a restriction measure, this period is reduced to forty-eight (48) hours.
6. Measures in the absence of a response or of regularisation
On expiry of the period, if the overrun persists and the Customer has not made one of the choices in Article 5, DINAO may apply the following measures in succession, each of them notified to the Customer:
- Restriction, from the seventh day, where the Special Terms provide for one for the resource concerned: the measure they specify (throttling of bandwidth, disk access or processor, blocking of outgoing sending). The restriction is proportionate to the resource at issue, entails no loss of data and ends no later than the end of the current calendar month, unless the overrun persists.
- Suspension, from the fifteenth day if the overrun persists: the Service is suspended. The Customer is given prior notice sent no later than ninety-six (96) hours beforehand, i.e. no later than the eleventh day. The data are kept during the suspension; in accordance with Article 7.6 of the General Terms, the suspension does not release the Customer from its obligation to pay.
- Termination, from the thirtieth day if the Customer has still not regularised: the contract may be terminated as of right, pursuant to Article 7.5 of the General Terms. The data remain recoverable under the conditions of Article 19 of the General Terms.
7. Emergency
Where consumption endangers the security or stability of the infrastructure, or the service provided to other customers, DINAO may apply a restriction or suspension measure immediately and without notice, in accordance with Article 7.6 of the General Terms. DINAO informs the Customer within twenty-four (24) hours, with the readings that justify it; the procedure of Articles 4 to 6 then resumes for regularisation.
8. Lifting of measures
As soon as the Customer has reduced its consumption below the threshold or subscribed to a suitable offer, DINAO lifts the measure applied within twenty-four (24) hours, free of charge.
9. Safeguards
- DINAO always applies the lightest sufficient measure, only one at a time.
- No measure taken hereunder entails the deletion of the Customer's data, with the exception of data written outside the authorised locations where the Special Terms so provide (containers, Article 11.3).
- No change of offer, tier or rate results from an overrun without the Customer's express consent.
- Each step — notice, reminder, restriction, suspension, lifting — is recorded in the Customer's support request, where the Customer can follow its history.
