Terms of Service

Terms of service

Preamble

By accessing or using the Service, this means you agree to be bound by all the terms below. Nomagic reserves the right to update and modify these terms from time to time.

• In a nutshell (TL;DR version)
  • Our engagements
  • Your engagements
  • Service level
  • Leaving
  • Veto
• Full Version
  • Overview
  • Conditions of service
  • Modifications of the service
    • Content copyright
    • Editing and data sharing
    • Closure
    • Personal information

In a nutshell (TL;DR version)

Our engagements

Respecting your privacy is the foundation of Nomagic, which we believe implies the exclusive use of Free/Libre Software.

Nomagic pledges to honour the following commitments to its users:

• Never engage in data-monetization activity.
• Exclusive use of Free and Open Source Software (FOSS) in the choice of services, and wherever it is possible.
• If data is collected, it will be exclusively for internal statistical analysis and will be subject to anonymisation, without involving any third-party.
• We do not scan your data, and rely on you to have a reasoned and respectful usage of our services.

While we will take care of updating our services and maintaining our infrastructure, we cannot ensure that a service will always be available. If the project related to a service were to be abandoned, we would have to eventually stop making the service available for security purpose. If that was to happen, we would be looking for another FOSS alternative to replace the retired service.

Your engagements

As a user, you pledge to:

• Not use Nomagic services and/ or infrastructure to conduct any fraudulent activity, externally or internally.
• Respect the law (good or bad)
• Have a fair and respectful use of our Service.

{ .note .warning } Users who would contravene to those rules will be susceptible to get their account locked in or deleted (including its content) without any warning. Nomagic remains the sole judge of this notion of “abuse” in order to provide the best possible service to all its users.

Service level

Our services target private individuals and small and medium associations.

• We will always try our best to keep everything working and provide fixes and support to keep our services running. We have monitoring and weekly backups in place to achieve just that.
• However, Nomagic cannot be held on to any obligation of result.
  • This includes restoring data, no matter the origin of the data loss. Furthermore, Nomagic’s backups do not allow data restoration of a specific user.
  • It is essential that you backup / synchronise any important data outside of Nomagic.

Leaving

Would you wish to stop using our services, you are free to leave at anytime. This will need to be confirmed by mail or ideally via PGP-signed email (for proof of identity).

The metadata will be removed progressively during backup rotations.

Upon departure, the user is responsible for backing up his/her own data before they are removed from the live system. Ideally this should be done before handing over the withdrawal request. If help is required to retrieve specific data, contact us through support [at] nomagic [dot] uk using your main Nomagic email address (required), and we will assist however we can.

Veto

Nomagic reserves the right, at any time, to modify or interrupt, temporarily or permanently, with or without notice.

Nomagic will not be liable to you or any third party for any modification, suspension or interruption of service.

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Full Version

Overview

Nomagic is part of the CHATONS and Librehosters collectives.

We are a small entity providing quality services which work great most of the time. Your usage of the Service is your responsability, and your data belongs only to you.

Conditions of service

1. Use of the service is at your own risk. The service is provided as is.
2. Some services are free to use and some require to be an active Nomagic member to be used.
3. You must not modify another site in order to falsely signify that it is associated with this service Nomagic.
4. You may not sell, trade, resell, or exploit in an unauthorized business purpose an account of the service used.
5. You are responsible for the security of your account and password.
6. Nomagic can not and will not be responsible for any losses or damage resulting from your failure to comply with this safety obligation.
7. You are responsible for all content posted and activity that occurs under your account.
8. You may not use the Service for any illegal or unauthorized purpose.
9. You must not break the laws of your country.

Violation of any of these agreements will result in termination of your account.

10. You understand and accept that the Nomagic association cannot be held responsible for the content published on this service.
11. You understand that putting the service and your content online involves transmission (in plain text or encrypted, depending on the service) over various networks.
12. You must not transmit worms, viruses or any other malicious code.
13. Nomagic does not guarantee that
    • the service will meet your specific needs,
    • the service will be uninterrupted or bug-free,
    • that errors in the service will be corrected.
14. You understand and agree that Nomagic cannot be held responsible for any direct, indirect or incidental damages, including damages for loss of profits, customers, access, data or other intangible losses (even if Nomagic is informed of the possibility of such damages) and that would result from:
    • use or inability to use the service;
    • unauthorized or altered access to data transmission;
    • statements or actions of a third party about the service;
    • cancelling your account;
    • any other service related question.
15. The failure of Nomagic to exercise or enforce any right or provision of the General Conditions of Use does not constitute a waiver to that right or provision. The Terms of Use constitute the entire agreement between you and Nomagic and govern your use of the service, replacing all previous agreements between you and Nomagic (including previous versions of the Terms of Use).
16. Questions about the conditions of service should be sent via this contact form.

Modifications of the service

17. Nomagic reserves the right, at any time, to modify or interrupt, temporarily or permanently, with or without notice.
18. Nomagic will not be liable to you or any third party for any modification, suspension or interruption of service. However, we do commit, if applicable, to make the data of our users available to them in the case of a general and definitive cessation of the Service.

Content copyright

19. You cannot send, upload, blog, distribute, disseminate any illegal, defamatory, harassing, abusive, fraudulent content, counterfeit, obscene or otherwise objectionable.
20. We do not claim any rights on your data: text, images, sound, video, or any other element, that you download or transmit from your account.
21. We will not use your content for any purpose other than to provide the service to you.
22. You must not download or make available any content that infringes someone else’s rights.
23. We reserve the right to remove any content we deem necessary. not relevant to the use of the service, in our sole judgment.
24. We may, if necessary, delete or prevent the distribution of any content on the service that does not comply with these conditions.
25. Contravening to those rules may lead to the account’s closure without any warning.

Editing and data sharing

26. The files you create with the service can be - if you wish - read, copied, used and redistributed by people you know or not.
27. By making your data public, you acknowledge and agree that any person using this website may consult them without restrictions.
28. But the service can also offer you the possibility to authorize restricted access and collaborative work on its documents to one or more other users.
29. Nomagic cannot be held responsible for any problem resulting from the sharing or publishing data between users.

Closure

30. If you do not wish to renew your membership of if you wish to close your Nomagic account, you can access to your data by a simple request addressed to contact [at] nomagic [dot] uk.
    Once confirmed, the account will be closed within 72 hours, and data suppression will take place within the next 15 days following the request. The remaining data will be removed from the backups as they roll over. A minimum of 3 months will be required for your data to be completely removed from Nomagic.
31. Nomagic, in its sole discretion, has the right to suspend or terminate your account and refuse any current or future use of the service. Termination of the service will result in deactivation of access to your account, and the restitution of all the contents.
32. Nomagic reserves the right to refuse service to anyone for any reason at any time.

Personal information

33. In accordance with article 34 of the law “Informatique et Libertés”, Nomagic guarantees the user a right to opposition, access and of correction on the personal data concerning him. The user has the possibility to exercise this right by using the contact form available.
34. To use certain services Nomagic, you must create an account. Nomagic requests some personal information : a valid email address and a password that is used to protect your account against unauthorized access. Since Nomagic is now a non-profit, we also request you to provide your “Last Name” and “First Name”. They should reflect your true identity, so that we are able to confirm a claim of ownership in case of a compromised account. If not, it will be very difficult (potentially impossible) to reclaim your account if it somehow gets compromised.
35. Just like other online services, Nomagic automatically saves certain information about your use of the service such as account activity (example: storage space occupied, number of entries, measures taken), the data displayed or clicked (example: links, user interface elements), and other information to identify you (example: browser type, IP address, date and time of access, reference URL).
    We use this information internally to improve for you the user interface of the Nomagic services and maintain a consistent and reliable user experience.
    This data is neither sold nor passed on to third parties.