Acceptance of the contract of use
Interway Network Systems AG, a Swiss company with headquarters in Baden-Dättwil, provides you ("Customer") with the e-mail service ("swissmail.org") within the framework of these general terms and conditions.
By opening an e-mail account, the customer acknowledges the terms and conditions set forth in this document and swissmail.org undertakes to provide the service in the quality defined herein.
swissmail.org does not monitor or review the content of e-mails received or sent unless required to do so by law or unless exceptional circumstances require appropriate measures to protect swissmail.org or its customers. Access to e-mail accounts is password protected. It is the customer's responsibility to prevent the password from being disclosed to unauthorized persons.
In order to offer our customers an efficient and comprehensive e-mail service, swissmail.org is designed as an ad-free service. In accordance with this policy, swissmail.org will not sell your email address to any third party and will not use it for advertising purposes. On the other hand, swissmail.org is permitted to use the addresses for mailings on its own behalf.
swissmail.org provides its customers with a provider-independent e-mail service on the Internet. We guarantee an availability of 99.9% per year (except for the announced interruptions due to service work).
The fees for the swissmail.org services are payable in advance. A refund of paid fees is not possible.
swissmail.org supports SPAM-blocking and consequently does not support or enable spamming in any way. As a customer of swissmail.org all participants agree to the usage guidelines which prohibit any spamming activities. Spamming is described as the sending of unsolicited e-mail.
To protect our customers' mailboxes and our systems from being overrun by SPAM attacks and other abuses, a security limit monitors email traffic.
For customers who have a legitimate need for a larger volume per day and have a paid Standard Account or Professional Account, we may increase the daily limit free of charge upon request. Please note that we reserve the right to reverse such an increase at any time and without giving any reason.
B. CONTRACT OF USE
The following points govern the use of the swissmail.org service by the customer:
The services of swissmail.org are designed for the handling of personal or business e-mail traffic and may only be used in this sense. Automated mass processing that exceeds the security limit is not permitted and requires written permission from swissmail.org. The following points are explicitly excluded:
(a) swissmail.org may not be used for sending mass mailings (spam, bulk mail, etc.).
(b) swissmail.org e-mail addresses may not be used as senders (from and reply-to fields) of illegal bulk mailings.
(c) swissmail.org may not be used in the sense of a mailing list unless the members of the list have expressly authorized this.
If the service is misused, the e-mail account can be blocked or deleted immediately. There is no right to a refund.
All rights of name, ownership and copyrights to all content, procedures and means used within the framework of the swissmail.org service remain with Interway Network Systems AG.
D. NO WARRANTY CLAIM
swissmail.org expressly disclaims any warranty for the swissmail.org service. The swissmail.org service is provided on a "best effort" basis without any claim to guarantees of any kind, whether express, implied or implied.
swissmail.org does not guarantee the accuracy and completeness of the data it transmits.
E. EXCLUSION OF LIABILITY
Any liability of swissmail.org for damages incurred by the customer as a result of using the services of swissmail.org is excluded.
In particular, there is no liability for damages caused by delays in transmission or loss of e-mails.
F. INFRINGEMENT OF INDUSTRIAL PROPERTY RIGHTS
If the e-mail address chosen by the customer infringes the property rights of third parties or is used for illegal purposes, swissmail.org reserves the right to delete the e-mail address.
swissmail.org reserves the right to change these conditions as well as the services offered by swissmail.org. The customer will be notified of such a change by appropriate means (including e-mail).
The customer exempts swissmail.org from any claims for compensation made against the customer in connection with the use of swissmail.org.
swissmail.org reserves the right to terminate the service at any time without refund of the fees paid in case of misuse.
The customer may terminate the email account at any time without claiming a pro rata refund of the annual fee. The email account is also considered terminated if the fee has not been paid within the payment period. Canceled e-mail accounts will be deleted by swissmail.org.
J. PLACE OF JUDGMENT
The sole place of jurisdiction is Zurich, Switzerland.