Tidata.net SA T/A MrMail, a company incorporated and located inSwitzerland, provides users with email and web hosting services pursuant to the terms and conditions set forth below (the “ToS”). By accepting these ToS, you enter into a legally binding agreement with MrMail’s (“Agreement”) and agree to respect the ToS and be bound by the Agreement.
The Agreement shall be governed by the laws of the Switzerland. You agree that the Swiss courts shall have exclusive jurisdiction to resolve any and all disputes related to the Agreement. Our local city court shall be the agreed legal venue.
Terms and conditions in addition to the ToS may apply when using or purchasing additional or third-party services, such as web and domain hosting services.
1. DESCRIPTION OF SERVICE
1.1. MrMail provides email, web, and domain hosting services, and other Internet based services (collectively the “Service”) allowing users to communicate via the email protocols and other messaging standards, manage various email administration tools, establish and publish web sites, and use other, associated services provided by MrMail.
2. CHANGES TO ToS
2.1. MrMail may from time to time change the ToS and will make any updated or additional terms available to you through the Service. A notice of change to ToS will be posted on the MrMail web site at least 30 days before new ToS will become effective. You agree that your continued use of the Service after the date on which the new ToS has become effective is to be regarded as an acceptance of the new ToS.
3. CHANGES TO SERVICE
3.1. MrMail may at any time augment or enhance the Service with new features, with or without prior notice.
4. TERM AND TERMINATION
4.1. The Service is provided as a subscription based service. The initial length of the subscription period is chosen during the Trial Period and represents the term of the Agreement (“Term”). You may terminate the Agreement during the Trial Period, as described in Section 5.
4.2. In order to maintain access to the Service, the subscription must be renewed before the expiry of the then-current subscription period, in which case the Term shall be extended accordingly. You may terminate the Agreement by not renewing the subscription to the Service. You shall not be entitled to claim any refund or compensation upon the expiry of the Term.
4.3. You may terminate the Agreement and claim refund of the subscription fee for the remainder of the then-current subscription period if MrMail materially breaches its obligations pursuant to this Agreement and fails to remedy such breach within 30 days after you notify MrMail of such material breach.
4.5. MrMail may terminate the Agreement with 30 days prior notice. Upon such termination, you may be entitled to a refund corresponding to the then-remaining period of the Term. Whether you are entitled to a refund or not will be stated in the termination notice.
4.6. MrMail may terminate the Agreement without prior notice if you breach the provisions of this Agreement. You shall not be entitled to claim any refund or compensation if MrMail terminates the Agreement as a result of your breach of the terms of the Agreement. Additionally, MrMail is entitled to claim compensation for any damages as a result of your breach of the provisions of the Agreement.
4.7. Upon termination of the Agreement or upon non-renewal of the subscription your access to the Service will be closed and all stored data will be subject to deletion.
5. TRIAL PERIOD, FEE, AND PAYMENT
5.1. The first 30 days of Term represent a Trial Period. You may use the Service during the Trial Period to determine whether it suits your needs. Prior to expiry of the Trial Period, you shall pay for the Service in order to maintain access to your account. If no payment for the Service is received prior to the expiration of the Trial Period, MrMail may close your access to the Service and the Agreement shall terminate upon such closure of access to your account.
5.2. The subscription fee for the Service is provided on the MrMail web site. MrMail may at any time modify the subscription fees by updating the price plans on the MrMail web site. The modified fees shall apply to you upon your renewal of the subscription to the Service.
6. REGISTRATION DATA
6.1. You agree to provide MrMail with complete and accurate registration information as prompted and to update this information as required to keep it current. You agree to remain solely responsible for all such information including your choice of username, should it be considered an infringement on the copyright and/or trademark rights of any company, organization or individual.
7. SUBSCRIBER CONDUCT
7.1. You are solely responsible for the content you transmit through the Service, and acknowledge that it acts as a passive conduit for the transmission of your data.
7.2. You warrant that you will not:
- send unsolicited email directed to people not personally known to you, including but not limited to junk mail, chain letters, or other unsolicited bulk email, commercial or otherwise;
- transmit content that is unlawful, harmful, abusive, threatening, defamatory, invasive, vulgar, obscene, or that contains viruses or other similar harmful programming;
- impersonate any person or entity, including, but not limited to, a MrMail official, representative, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- engage in attempts of fraud or forgery, including, but not limited to, the use of fraudulent credit cards or other falsified means of payment, forging message headers, or manipulating identifiers in order to alter or disguise the origin of any transmitted content;
- interfere with or disrupt the Service or servers or networks connected to it; or
- infringe on any third partys intellectual property rights or proprietary rights, or rights of publicity or privacy.
7.3. You will obey any requirements, procedures, policies or regulations of the Service or connected services, and observe and comply with any usage restriction set forth by administrators on this or appurtenant web sites, with regards to content, storage space, traffic, bandwidth, and other conditions.
7.4. The clauses in this Section also apply to any and all sub-accounts you may establish.
9. LIMITATION OF LIABILITY
9.1. You agree that your use of the Service is at your own risk. MrMail shall use its best efforts in order to ensure that the Service is responsive, reliable and functional. However, MrMail does not warrant that the Service will be error-free, available at at any given time or otherwise fulfill any requirements or specifications. MrMail shall not be responsible for the consequences of delayed or missing email, downtime or inaccessibility of the Service, or loss or corruption of stored data. You agree further that no such event shall make you entitled to claim refund of the subscription fee or terminate the Agreement.
9.2. Neither you nor MrMail shall be be liable for any indirect, incidental, special, or consequential loss as a result of breach of provisions of this Agreement, including inter alia lost profit, lost anticipated savings, losses as result of delay or disruption of production or operation, loss of data, or third party claims.
9.3. MrMails’ total accumulated liability to you is further limited to a sum equal to a 1-year subscription at the time your subscription was initiated or last renewed.
10. PROPRIETARY RIGHTS
10.1. Content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material presented to you by MrMail may be protected by copyrights, trademarks, or other intellectual property rights and laws. You may use this material only as expressly authorized by MrMail, and may not copy, transmit, or create derivative works of such content or information without express written authorization.
10.2. All data transmitted or stored are the property of the subscription owner and will not be used for any commercial purposes, unless compliance is given in advance.
11.1. All notices from MrMail to you shall be sent to your MrMail email address and/or to the email address that you provide as an alternative email address.
11.2. All communication from you to MrMail shall be directed to one of the email address listed on the MrMail’s web site.
12.1. MrMail may at any time transfer ToS to another vendor with at least 30 days prior notice. In that case, section 4 paragraph 4 will apply, where applicable.