swissmail.org Service Agreement
iway AG, a Swiss company, ("swissmail.org") shall provide email products and
services ("the swissmail.org Service") to you ("the customer") under the terms and conditions
of the swissmail.org Service Agreement ("this Agreement").
BY COMPLETING THE REGISTRATION PROCESS, THE CUSTOMER AGREES TO BE
BOUND BY THIS AGREEMENT AND TO THE TERMS AND CONDITIONS HEREIN.
swissmail.org will not sell, rent or disclose in any other way a customer's email address or
other personal information nor will swissmail.org monitor or disclose the contents of a customer's
private communications unless required to do so by law or such action is necessary to protect
swissmail.org's rights or property, or under circumstances to protect the safety of its customers
or the public. The customer's account shall be password protected and the customer shall
be solely responsible for maintaining the confidentiality of the customer's password.
In an effort to provide effective and simple email, swissmail.org have chosen to not allow advertising
to be incorporated with our email service nor shall swissmail.org depend on any
advertising revenue. Affiliated web sites may include eventual advertisers.
swissmail.org provides for spam-blocking and consequently does not support or permit
spamming. As a swissmail.org customer, all subscribers agree to the
Use Policy which strictly forbids any spamming activities. Spamming is described as sending
unwanted, unsolicited email.
To protect our customers' mailboxes and our system from overflows due to unsolicited
emails or SPAM attacks and abuses, swissmail.org uses a security limit.
For customers with a legitimate need for a higher daily volume and with a paid for
Standard Account or Professional Account, swissmail.org may grant an increase of this daily
security limit upon request with no additional charges. Please be aware that swissmail.org reserve the right to revoke
any such granted security limit increases at any time without giving any reasons.
Subscriptions to swissmail.org's email forwarding and storage services are payable
in advance and are billed annually. As our customers have the option to test our
service before signing up, no refunds will be granted.
B. USE POLICY
The following governs the use of the swissmail.org service by its customers:
(a) The customer shall not use the swissmail.org services for:
(1) the bulk sending of unsolicited messages, the sending of unsolicited emails
(SPAM) or unauthorized junk mail,
(2) the use of distribution lists that include persons without their prior permission
to be included in such distribution process,
(3) sending phishing emails to collect private data for illegal activities.
The customer shall not use the swissmail.org service in a manner which violates any
local, state, national or international law, code or regulation, or which fails to
comply with accepted Internet protocol. The customer shall not attempt to interfere in
any way with swissmail.org networks or network security, or attempt to use
the swissmail.org service to gain unauthorized access to any other computer
(b) The customer shall immediately notify swissmail.org of any unauthorized use of
the customer's account. The customer shall not interfere with another customer's use of the
swissmail.org service. The customer shall not resell, rent, lease, or make commercial
use of the swissmail.org Services without the prior written consent of swissmail.org.
swissmail.org retains the right to terminate any and all parts of the swissmail.org
service provided to the customer without having to refund the customer any fees, if
swissmail.org determines that the customer has breached any of the terms of this Use
Policy. If swissmail.org determines that the customer has failed to comply with any of
the terms in the Use Policy, section (a) above, swissmail.org may refer the customer's
wrongful activity to appropriate legal authorities, and bring a civil action against
the customer for any direct, indirect, special, incidental, or consequential damages
incurred by swissmail.org as a result of the customer's wrongful activity.
Title, ownership, and intellectual property rights in all content and material that is part of,
contained in, or accessed through the swissmail.org Service, and provided by
swissmail.org or any content provider shall remain in swissmail.org or any other
content provider. Such content and materials are protected by applicable copyright,
trademark,service mark and patent laws and treaties.
Any notices required or permitted under this Agreement shall be given as follows: Notice
from the customer to swissmail.org shall be in writing and shall be made either via email or
certified mail; Notice from swissmail.org to the customer shall be in writing and shall be
made either via email, certified mail or posted as part of the member's login on the
swissmail.org Web site.
E. DISCLAIMER OF WARRANTIES
swissmail.org expressly disclaims any warranty for the swissmail.org service. The
swissmail.org service is provided on an "as is" basis, without warranty of any kind,
either expressed or implied, including, without limitation, the implied warranties of
merchantability, fitness for a particular purpose, or non-infringement. The entire
risk as to the performance of or arising out of the use of swissmail.org services
is born by the customer. swissmail.org makes no warranty regarding any goods,
information or services purchased or obtained through the use of the swissmail.org
service. This disclaimer of warranty constitutes an essential part of this
agreement. In the event that a jurisdiction does not allow a disclaimer of an
implied warranty, this disclaimer may not apply to the customer and the customer may
have other legal rights.
F. LIMITATION OF LIABILITY
Under no circumstances and under no legal theory, tort, contract, or otherwise,
shall swissmail.org or its licensors or resellers be liable to the customer or any
other persons for any indirect, special,incidental, or consequential damages of any
character including without limitation, damages resulting from the use of or the
inability to use the swissmail.org service, the performance of the swissmail.org
service, or damages for loss of goodwill, business profit, business stoppage,
loss of data or business information, computer damage, or damages resulting from
unauthorized access to or changes made to customer's transmissions or data, or any
and all other commercial damages or losses. In no event will swissmail.org be liable
for any damages in amounts in excess of those received by swissmail.org from the
customer for the swissmail.org service.
The customer represents that the use identification selected by the customer when used alone or
combined with a domain name, does not interfere with the rights of any third party and is
not being selected for any unlawful purpose. The customer acknowledges and agrees that if such
selection does interfere with the rights of any third party or is being selected for any
unlawful purpose, swissmail.org may immediately suspend the use of such swissmail.org
email address, and the customer will indemnify and hold swissmail.org harmless, in
accordance with the indemnification section below, for any claim or demand against
swissmail.org that arises out of such selection. The customer acknowledges and agrees that
swissmail.org shall not be liable to the customer in the event that swissmail.org
is ordered or required, as a result of a court order or legal settlement, to desist from using
or permitting the use of a particular domain name as part of a swissmail.org email address.
If as a result of such action, the customer loses use of an email address, the customer's sole remedy
shall be the receipt of a replacement swissmail.org email address.
swissmail.org reserves the right to modify the swissmail.org Service or change the terms
and conditions of this Agreement. swissmail.org will give notice of any substantial changes
to the swissmail.org Service or to this Agreement by either posting the changes as part of
the member's login of the swissmail.org Web site. Customers not wishing to be bound by the
modified Agreement may terminate the swissmail.org Services pursuant to the Termination
section below. Continued use of the swissmail.org Service after such notice has been posted
shall be deemed an acceptance by the customer to be bound by the terms of this Agreement,
The customer agrees to indemnify and hold swissmail.org, its parents, subsidiaries, affiliates,
shareholders, directors, employees, and agents, harmless from any claim or demand,
including reasonable attorney's fees and costs, made by any third party due to or arising
out of the customer's use of the swissmail.org Service, the violation of this Agreement
by the customer, or the infringement by the customer, or other user of the swissmail.org Service
using the customer's equipment, or any intellectual property or other right of any person or
entity, or a result of any threatening, libelous, obscene, harassing or offensive material
contained in any client communications.
swissmail.org services may be terminated with or without cause,effective immediately, by
either swissmail.org or the customer at any time upon written notice to the other party. Upon
termination, the customer's right to use the swissmail.org Service ceases immediately,
and swissmail.org shall not be obligated to forward an unread or unsent messages to
the customer or any third party. swissmail.org shall not be liable to the customer or any
third party for termination of the swissmail.org Service. No reimbursement of the pro-rata
portion of the yearly fee paid will be made for the period remaining.
If any provision here of shall at any time be held to be void, invalid or unenforceable, such
provision shall be construed asseverable and shall not in any way affect or render void,
invalid or unenforceable any other provision of this Agreement, and this Agreement shall
be carried out as if such void, invalid or unenforceable provision were not part of this
L. ACTION LIMIT
The customer and swissmail.org agree that any cause of action arising out of or related to
swissmail.org Services must commence within one (1) year after the cause of action
arose; otherwise, such cause of action is permanently waived and barred.
M. NO WAIVER
No waiver on the part of swissmail.org to exercise, and no delay in exercising, any right,
power or provision hereunder shall operate as a waiver thereof, nor shall any single or
partial exercise of any right, power or provisions hereunder preclude the exercise of that
or any other right, power or provisions.
The headings in this Agreement are for convenience only and shall not affect the meaning
or interpretation of this agreement or any provision thereof.
O. ENTIRE AGREEMENT
This Agreement contains the entire understanding of the parties with respect to the subject
matter hereof and supersedes all prior and contemporaneous agreements and understandings,
whether oral or written, relating to the subject matter hereof.
P. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of Zurich/Switzerland.
The exclusive jurisdiction in any case is Zurich/Switzerland.