General Conditions of Use valid until 10/5/2010
START-vpn.com is a website that can be accessed at http://www.start-vpn.com (hereinafter referred to as the “Site”) that provides, via its search engine that indexes data and information from companies (hereinafter referred to as the “Partners”) to internet users (hereinafter “User”) an offer and price comparison for products and services provided.
Use of the START-vpn.com site is intended exclusively for personal non-commercial and non-professional use.
Article 1. Definitions and Fields of Application
“User”: Any person who connects to and browses the Site, even without having previously registered on the Site.
“Partners”: any company or economic entity having a third party site, whether an affiliate or not, offering products and services that may be displayed on the Site.
“Affiliate”: any company or economic entity having signed a contract with the Site that benefits from advertising on the Site by providing offers.
“Information”: data displayed or that can be consulted on the Site.
“Comparator”: a technical tool using a search engine allowing, based on the given criteria, a comparison of several products and/or services.
“Search engine”: software pairing the criteria entered by the User with the existing offers indexed on the Site and proposed by the Partners, the offers fulfilling the criteria requested by the User which are presented as “Results.”
“Third Party Sites”: all sites available online other than the START-vpn.com site.
These general conditions of use (hereinafter “General Conditions”) governing the contractual relationship between START-vpn.com and all people using the Site services (hereinafter “User”). Their primary objective is to define the Site objectives as well as to define its limits.
Article 2. Acknowledging and Accepting the General Conditions
The User, when he accesses the START-vpn.com Site, joins and systematically accepts, without condition or reserve, these General Conditions by accessing START-vpn.com.
The User is invited to read these General Conditions when he first accesses the Site. The user is considered to have read these General Conditions and to have accepted them if he does not navigate away from the Site and searches and consults information there, without this list being exhaustive.
These General Conditions apply without condition or reserve to all Users. The User acknowledges having read them when he begins to use START-vpn.com.
Any User who does not agree to the General Conditions must immediately stop using the Site on his web browser.
Any User who does not accept these General Conditions must not access the Site and must not use it. It is expressly agreed that, since START-vpn.com does not have any means, technical or otherwise, to prohibit access to the Site by Users who do not accept the General Conditions, if the User does not wish to be subject to these General Conditions, he should not access the Site. If the User does access the site, he will be liable.
These General Conditions applicable to START-vpn.com are governed by French law and are applicable regardless of where the User in located.
START-vpn.com reserves the right to modify them. Subsequently, START-vpn.com suggests that all Users regularly read these General Conditions for Use of the Site so that they are aware of any changes.
Article 3. Operations of START-vpn.com
3.1. General Operations
START-vpn.com is an internet service provider that makes a website available to the User to allow him to search for and obtain information about the existence and content of VPN offers.
START-vpn.com does not act as an agent or as a broker but as a host pursuant to Law no. 2004-575 of June 21, 2004 on privacy in the digital marketplace (LCEN).
As a host, START-vpn.com is not legally bound by any general obligation to oversee and guarantee the information and data content found and stored on its website.
3.2. Operations of the Comparator
The START-vpn.com site offers a service to compare the products and services offered by the Partners based on the requirements previously transmitted by the User.
The User enters the different criteria about the product or service that he is searching for in the Site’s search engine. The results presented by the Search Engine are offers from the Partners in accordance with the requirements entered by the User.
The Site’s Search Engine automatically indexes the information and offers proposed by the Partners without the need for any human intervention.
The results presented by the search engine come from a purely technical and objective process. START-vpn.com does not intervene in the search process via the search engine, which makes it completely objective.
The results obtained via the search engine are not exhaustive.
Article 4. Limitations to the Liability of START-vpn.com
4.1 On the Information Provided
START-vpn.com endeavors to provide Users with the most accurate information possible. START-vpn.com also endeavors to present information that is updated regularly. Nevertheless, START-vpn.com employees, shareholders, managers and representatives will not be liable to the User or to any third party if the information is partially or completely inaccurate or partially and/or completely out-of-date.
START-vpn.com has no control or authority over the Partners who represent the third parties in these General Conditions of use and does not guarantee the complete accuracy of the Partners’ information and data.
In general, START-vpn.com, its employees, partners, shareholders, managers and representatives cannot be liable due to the presence of information or data that is not completely accurate on the Site.
START-vpn.com employees, shareholders, associates, managers and its representatives are not liable if a better price is offered elsewhere by another merchant than the price offered on the Site.
START-vpn.com does not guarantee that it can find the best price.
Note that START-vpn.com, as a host, is only responsible for providing information.
The User is invited to continually check that the information found on START-vpn.com is the same as that found on the Partners’ sites.
4.2 On the Purchase and Sale of Products and Services that could occur between the User and Partner
The START-vpn.com site is not a buying or selling platform. No service or product is sold.
No purchase by the User is ever carried out on the Site.
START-vpn.com does not participate in any sale nor is it party to it. START-vpn.com employees, shareholders, managers and representatives are not in any way liable, either directly or indirectly, for any dispute or disagreement or lack of satisfaction due to the sale or purchase between the User and a Partner.
START-vpn.com does not guarantee the purchases or sales that can be carried out by the User and Partners even though the purchase or sale occurred as a result of the information that START-vpn.com displays on its Site.
In particular, START-vpn.com does not guarantee the quality, conservation, packaging of the Product, the advertising conditions, rescinded sale conditions, retraction, payment, delivery, exchange or reimbursement conditions, after-sales service conditions, product availability conditions, guarantee, liability, assembly, insurance, respect for intellectual property rights, confidentiality and data conservation conditions by the various site Partners.
4.3. Use of the Comparator
The START-vpn.com Comparator does not take into consideration the various discounts, rebates, reimbursements or other promotional actions through group sales or promotions that the Partners have not sent to START-vpn.com. START-vpn.com, its employees, managers, shareholders and representatives are not in any way liable in this regard.
The START-vpn.com Comparator does not take into consideration various rate and delivery costs on the Partner sites. START-vpn.com, its employees, its managers, its shareholders or its representatives are not liable in this regard.
The comparison of the offers proposed by START-vpn.com does not qualify as comparison advertising. START-vpn.com, its employees, its shareholders, its partners, its managers or its representatives are not liable in this regard.
4.4. On Links to Third Party Sites
START-vpn.com is not liable for hypertext links or any other connections from the START-vpn.com site to other sites.
START-vpn.com, its employees, shareholders, partners, representatives and managers are not responsible for any problem, dispute or disagreement that is related to the use of sites whose information or offers appear on the Site and when the User accessed a second site via a hypertext link on the Site.
START-vpn.com is not liable for any use of the price comparator on another site, even if access to this site is made via a hypertext link from the START-vpn.com or other site or if this is a START-vpn.com partner.
START-vpn.com, its employees, its shareholders, its partners, its representatives and its managers are not liable for the advertising on the Site nor the links attached to these advertisements.
START-vpn.com, its employees, its shareholders, its partners, its representatives and its managers are not liable for issues accessing the site and the operation of the Partners’ websites as well as their content.
4.5. On Internet Security
Due to the technical requirements of the Internet network, START-vpn.com cannot guarantee that the system is 100% secure and that the information exchanged on these services, which could be intercepted by third parties, is confidential. Therefore, its employees, shareholders, managers and representatives cannot be liable in this regard.
4.6. On the accessibility and operations of the Site
START-vpn.com agrees to make the Site permanently accessible and operational. If technical manipulations are required due to repairs or improvements, the Site access may be interrupted due to maintenance needs. Nevertheless, for reasons other than those listed above, any interruption or issue with the service may occur for reasons beyond the control of START-vpn.com.
START-vpn.com, its employees, its shareholders, its partners, its managers or its representatives are not liable for interruptions or malfunctions.
Article 5. User Obligations
START-vpn.com has an internet policy that respects legal obligations, such as good conduct.
The User agrees to respect this policy and is therefore required to refrain from using the Site for illegal activities.
5.1 On Publications that could be made by the User
The User agrees not to publish anything on the START-vpn.com site and, in particular, in the space reserved for user comments, not to provide any information, data, proposal or other elements that are:
abusive, disparaging, racist, xenophobic, defamatory or that effect the integrity, honor, reputation or image of the individual or corporation,
pornographic, pedophilic, damaging to its image or to its public or private interests,
damaging public order,
inciting or provoking hate, the commission of an offence or a crime, inciting suicide or self-mutilation,
supporting hate crimes, war crimes or crimes against humanity, acts of terrorism,
violating confidential correspondence, professional secrecy or confidential instructions,
in general, all elements of any kind or type that violate the code of good conduct and the prevailing regulations.
Additionally, the User is prohibited from collecting personal information regarding other users to which he may have access and to use them in an illegal and/or commercial manner.
Additionally, the User is prohibited from holding via the Site a conference, meeting or social encounter of individuals or corporations in any public places without having taken any prior precautions regarding the safety of the people and places, needed to organize this type of meeting or without having reported it to the competent authorities.
START-vpn.com as well as its employees, partners, representatives, shareholders and managers is not liable for any difference or dispute that may be related, either directly or indirectly, to the organization or unfolding of this type of assembly.
5.2. On the User’s Acceptance of START-vpn.com’s right to modify and delete any illegal data
The User agrees that START-vpn.com reserves the right to modify or delete, without any advance notice, all data or elements that START-vpn.com considers as having one of the characteristics below.
The User is informed that START-vpn.com will provide guarantees, in the case where START-vpn.com, its representatives, its shareholders, its employees and its managers are liable due to something they published on the START-vpn.com site.
5.3. On the prohibition to alter or falsify the data and information system on the Site and third party sites
The User agrees to behave properly when accessing and browsing the Site. In particular, the User agrees:
to not restrict the use, access and operations of the Site or third party sites in any way,
to not falsify, alter or delete any data, information or element of the Site or third party Site,
to not tamper with the Site or third party site’s information system,
to not commit any act that could, directly or indirectly, harm the Site or third party sites’ information system such as “hacking,”
to not commit any acts that qualify as infractions, particularly those set forth and reiterated by Articles 323-1 and 323-7, included in the French Criminal Code,
to not send any unsolicited e-mails such as “spamming” as set forth and reiterated by Articles 226-18 of the French Criminal Code.
Article 6. Reporting Illegal Contents
Pursuant to the provisions included under the terms of Law no. 2004-575 of 21 June 2004 on privacy in the digital marketplace (“LCEN”), any person can inform START-vpn.com about information or elements that have illegal contents by post to the following address: 9avril80, Service du signalement de contenu illicite (Illegal Content Reporting Department), 2 place Bonaventure Leca 91130 Issy les Moulineaux (France) or by e-mail to contact@start-vpn.com.
This report must comply with the provisions of Article 6-I of the Law on privacy in the digital marketplace (“LCEN”) of 21 June 2004 and include the following information:
report date,
identity (surname, name, business address, DOB, etc) of the person making the report,
description of the illegal element reported and the circumstantial reasons for its illegal nature,
the location of this element (such as the URL link),
a copy of the report that will be sent to the author, the editor or host of the disputed element.
Article 7. Protection of Information and Personal Data
To use the Site, the User is asked for personal information, such as providing their surnames, names and e-mail address.
This information, processed automatically, is used on the Site.
Pursuant to the Law no. 78-17 of January 6, 1978 regarding the freedom of information, amended by Law 2004-801 of August 6, 2004, START-vpn.com has made a statement to the National Freedom of Information Commission (CNIL) concerning the collection and processing of nominative information regarding Users.
Any User has the right to access, modify, correct and delete personal data (hereinafter “data”) that concerns him pursuant to Article 34 of the Law of January 6, 1978 that he may exercise at any time by contacting: START-vpn.com, Société 9avril80, modification données personnelles, 2 place Bonaventure Leca 91130 Issy les Moulineaux (France) or to the START-vpn.com e-mail address: contact@start-vpn.com.
START-vpn.com will take all measures necessary to respect the confidentiality of the personal data provided by the user. They will not be disclosed, communicated, sold or exchanged.
Article 8. Use of Cookies
START-vpn.com uses cookies to facilitate the User’s navigation of the Site.
These are temporary cookies that do not collect personal information and/or the User’s name.
Any User who does not accept the cookies will experience problems or it may even be impossible to be identified by the Site.
Article 9. Protection of the Site Elements regarding Intellectual Property Rights
Certain elements on the Site such as the navigation menu, articles, drawings, photos, illustrations, logos and animations are protected by intellectual and industrial property rights.
These rights may be the property of START-vpn.com or third party so any reproduction, publication or full or partial distribution of the protected elements is prohibited because it is in violation of the Intellectual Property Code. The owner of these rights has the right to take any civil and/or criminal actions in the event these rights are violated.
Article 10. Applicable Law and Jurisdiction
The General Conditions, their application and their non-execution are subject to French law.
If there is any dispute, regardless of its nature, that directly or indirectly relates, without this list being exhaustive, to the validity, interpretation, execution or non-execution of these General Conditions, the parties, such as the User and START-vpn.com, expressly agree to submit the dispute to the court with ratione materiae and ratione loci jurisdiction, in this case, the Appeals Court of Lyon.