In this Section, Services refer to the provision of SSL secured E-Mail and Anonymous Surfing Services provided by Amadeus IT Solutions under the Neomailbox brand.
Minimum Period of Service
Unless otherwise stated elsewhere, the Minimum Period of Service is 12 months.
You agree that nothing in this Agreement will be construed to prevent us from communicating and contracting with any other parties or accepting as a customer any potential user of the Services and that we are free to appoint and authorise other parties to solicit customers for the Services and/or solicit customers on our own behalf at any time.
You will, in addition to any other obligations in this Agreement, be responsible for the following, at your own costs:
be solely responsible and liable for ensuring the due observance by your authorised users of all terms and conditions applicable for use of the Services;
not produce any brochures, promotional materials or publications relating to or associated with our Services without our prior written approval. You will forthwith withdraw and cease the use of any of such brochures, promotional materials or publications if we notify you that the same is unacceptable for distribution or publication;
not resell our Services whether for profit or not unless expressly permitted by us by way of separate agreement;
not publish or post false, malicious, defamatory or libelous comments about Neomailbox or Neomailbox Customer Support in any form online of offline;
Risk of Loss or Damage to your Data
The risk of loss or damage to your Content/data transmitted through the Service will at all times remain with you.
Customers are strongly advised to maintain full up-to-date backups of their mailboxes and messages stored at Neomailbox at all times. Neomailbox does not maintain backups of customer email and will not be in a position to help in the case of accidental deletion of messages for any reason. You agree to hold Neomailbox blameless for loss of access to messages or mailboxes due to any reason.
Access to email addresses at domains registered by Neomailbox is a privilege provided at the sole discretion of Neomailbox and may be terminated at any time (see "Ending The Services" below). Customers are strongly advised to use email addresses at their own domains if they wish to ensure long-term continuity of access to these email addresses. Neomailbox is not obligated in any way to provide continuity of access to an email address at any domain that is registered by Neomailbox.
We reserve the right to review and increase all Charges on an annual basis upon giving you 30 days' notice by E-Mail.
Confidentiality and Ownership of Data and Information
Both you and us undertake at all times to hold in confidence for the other party, to use only for the purposes hereof and not to print, publicise or otherwise disclose to any third party, confidential information (hereinafter referred to as "Confidential Information"). Confidential Information will include but is not limited to any Content, document, idea or promotion which relates to research and development carried out by or on your and/or our behalf, trade secrets or business affairs or which is marked as confidential.
Confidential Information does not include any Content, document, idea or promotion which is or becomes public domain through no fault of the receiving party; or is lawfully obtained by the receiving party from a third party who in making such disclosure imposes no obligation of confidence on the receiving party.
Notwithstanding paragraph (b) above, nothing in this Agreement will be construed to prevent or restrict us from disclosing or using in the course of business any knowledge, skill or expertise of a generic nature acquired by us in the performance of this Agreement.
Nothing in this Agreement will be construed as giving either party by implication or otherwise any right in or title to intellectual property or proprietary rights owned by or licensed to the other party.
Your Content/data or any part thereof belonging to you which is transmitted through our E-Mail Service will not be disclosed, sold or assigned by us to any third party.
You warrant that you have the full and complete rights to use your Content/data and that such Content/data will not be defamatory, libelous or illegal nor will it violate any applicable laws, rules or regulations. You will indemnify us against any claim or action and any damage, cost and expense incurred thereby as a result of a breach of this warranty.
Term of the Services
This Agreement will be deemed to have commenced on the date as advised or notified by us and unless otherwise terminated in accordance with this Agreement, will continue until such date as agreed by us. It will be automatically be renewed thereafter for successive terms of 12 months each until terminated in accordance with this Agreement.
Ending the Services
At any time, we may terminate the Services to you without assigning any reason upon giving notice to you by E-Mail.
At any time, you may terminate the Services by giving us notice by E-Mail.
Neomailbox reserves the right to refuse service to anybody. Neomailbox will refuse service to customers for inappropriate behavior including but not limited to: placing inordinate demands on limited customer support resources; the use of rude, abusive or threatening language in communications with Neomailbox Customer Support; publishing or posting false, libelous, malicious or defamatory comments about Neomailbox or Neomailbox services. If an account is past its initial 30-day trial period when service is refused or terminated for inappropriate behavior, no refund will be issued.
Acceptable Use Policy (AUP)
You may use your account for any legitimate purpose. Use of a Neomailbox account for the purpose of sending unsolicited bulk email, viruses, spam, or engaging in Internet fraud or any other illegal activity will result in immediate termination of the relevant account without refund or warning.
Amadeus IT Solutions reserves the right to modify and change this AUP at any time. By signing up for the Service you agree to abide by the AUP's as modified from time-to-time. Violations of these agreements may result in removal from the Neomailbox servers. Removal may be either by suspension or termination. Amadeus reserves the right to determine what activities are appropriate activity.
You shall remain solely responsible for your use of Neomailbox services and will also be liable for any damages that may be incurred. You are also responsible for any and all content which is displayed, downloaded, uploaded or transmitted through your account. Content includes home pages, web pages, domain names, e-mail, stored data and any other data stored or transmitted through your account. This list is provided without limitation.
Etiquette On The Internet
Customers using Neomailbox servers are expected to be familiar with and practice good Internet etiquette. You/customer shall not post, transmit, or permit Internet access to information the customer desires to keep confidential. You/customer is not permitted to post any illegal, libelous, or indecent material, or material/information likely to result in retaliation against Neomailbox. Amadeus reserves the right to determine if content violates this policy.
Legal Usage & Copyright Infringement
Distribution, storage or transmission of any information, data or material in violation of Swiss or Cantonal law, or the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, or other intellectual property rights.
Making illegal or unauthorized copies of software is a violation of the law. If you copy, distribute or install software in ways that violate the licensing agreement with that software, you are violating federal copyright law.
The storage or transmission of material related to child pornography through Neomailbox services is prohibited. A child is defined as anyone younger than the age of 18. Child pornography includes material which actually depicts the sexual conduct of real minor children and that which appears to be depiction of a minor engaging in sexual conduct.
Spam / Unsolicited Commercial Email
Neomailbox has a zero-tolerance policy towards spam / unsolicited commercial email. Any account found to be sending large volumes of email or unsolicited commercial email will be immediately terminated.
It is your responsibility to ensure that the contents of your account do not violate any federal or local laws applicable to our servers, located in Zurich, Switzerland. You agree to indemnify us against any claim or action and any damage, cost and expense incurred thereby as a result of a breach of any applicable laws.
If an account is terminated for breach of the Acceptable Use Policy, no refund will be issued.
The subscription fees for Neomailbox services are solely for the provision of the specific service included with the package subscribed for. They do not include any payment for customer support, which is provided gratis as a courtesy on a limited basis.
Neomailbox makes no promises or guarantees about the availability of timely, or any, customer support. Customer support is provided on an elective, "as available" basis.
In recognition of the provision of free customer support as a courtesy, you agree to maintain at all times a respectful and polite tone in your communications with Neomailbox Customer Support. Disrespectful, impolite, demanding or abusive messages to Neomailbox Customer Support are grounds for termination of your account (without any refund if it is past its initial 30 day trial period).
If you are not completely satisfied with the service, you can request a full refund within the first 30 days of your order.
Neomailbox will process your refund by instructing our payment processor(s) to issue a refund. At that point, the refund will be deemed to have been issued from Neomailbox. Any further customer support queries related to a refund that has been issued from Neomailbox must be directly resolved with the relevant payment processing company. Neomailbox will not provide any further customer support related to a refund after it has been issued from Neomailbox.
Neomailbox is provided to you "AS IS" with NO WARRANTIES. Amadeus IT Solutions uses its best efforts to ensure the security and reliability of the Neomailbox service, but is not responsible for the results of any defects that may be found to exist in the service, or any lost profits or other consequential damages that may result from such defects.