Terms of Use
Acceptance of Terms
These Terms of Use (the “Terms”) are a binding legal agreement between you and Amadeus IT Solutions (“Amadeus”, “we”, “us”, or “our”). By using our website and/or services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our website or services.
Changes to Terms
We may change these Terms at any time. If we do so, we will let you know either by posting the modified Terms on the website or through other communications. It is important that you review the Terms regularly because if you continue to use the website or services after we have posted modified Terms on the website, you are indicating to us that you agree to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, then you may not use the website or services.
Privacy Policy
We respect your privacy and are committed to protecting your personal information. Our Privacy Policy outlines how we collect, use, and disclose information that can be used to identify you and that you provide to us when you access or use our website. Please read our Privacy Policy carefully: Privacy Policy.
Service
Services refer to the provision of Secure Email 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.
Non-exclusivity
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.
Intellectual Property
The website and its original content, features, and functionality are owned by Neomailbox and are protected by international copyright.
User Content
Our services allow you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material (“User Content”). You are responsible for the User Content that you post on or through our services, including its legality, reliability, and appropriateness.
By posting User Content on or through our services, you represent and warrant that: (i) the User Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your User Content on or through our services does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any User Content you submit, post, or display on or through our services and you are responsible for protecting those rights. We take no responsibility and assume no liability for User Content you or any third party posts on or through our services.
Your obligations
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 in any form online of offline;
- not “charge-back” any payment you made to Neomailbox via your credit card. If you would like to cancel an order, please contact Neomailbox customer support. Charge-backs attract penalties imposed by our credit card processor and will result in the immediate termination of your account(s). Any account(s) associated with charge-backs will only be re-enabled upon complete payment of the dues owing for the account(s) in question, including the charge-back penalty fee.
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 regular 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.
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 whic 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 the 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 email 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.
Prices
We reserve the right to review and modify prices at any time. Updated prices will be published on our website.
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 email.
At any time, you may terminate the Services by giving us notice by email.
Neomailbox reserves the right to refuse service to anybody. Neomailbox will refuse service to customers for inappropriate behavior including but not limited to:
violations of the Acceptable Use Policy
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.
You may not use your account in a manner that imposes unusually high demands on Neomailbox network infrastructure or resources.
If you have concerns or would like clarification or interpretation on any portion of this policy, please contact legal@neomailbox.com. It is the responsibility of all Neomailbox users to be familiar with the AUP and users should periodically return and review any changes to the AUP.
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 AUPs 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, email, 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.
If an account is terminated for breach of the Acceptable Use Policy, no refund will be issued.
Prohibited Uses
You may use our website and services only for lawful purposes and in accordance with these Terms. You agree not to use the website or services:
- In any way that violates any applicable law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the distribution, storage or transmission of any information, data or material in violation of Swiss or Cantonal law, or the common law. This includes, but is not limited to, material protected by copyright, trademark, or other intellectual property rights.
- For the storage or transmission of material related to child pornography. A child is defined as anyone younger than the age of 18. Child pornography includes material which depicts the sexual conduct of real minor children and that which appears to be depiction of a minor engaging in sexual conduct.
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation. Neomailbox has a zero-tolerance policy towards spam / unsolicited commercial email. Any account found to be sending unsolicited commercial email will be immediately terminated.
- To impersonate or attempt to impersonate another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the services, or which, as determined by us, may harm Neomailbox or users of the service or expose them to liability.
Additionally, you agree not to:
- Use the website or services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the services.
- Use any robot, spider, or other automatic device, process, or means to access the website for any purpose, including monitoring or copying any of the material on the website.
- Use any manual process to monitor or copy any of the material on the website or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the website or services.
- Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the website, the server on which the website is stored, or any server, computer, or database connected to the website.
- Otherwise attempt to interfere with the proper working of the website or services.
Customer Support
The subscription fees for Neomailbox services are solely for the provision of the specific service included with the package subscribed for. Technical support 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).
Satisfaction Guarantee
If you are not completely satisfied with the service, you can request a full refund within the first 30 days of your order for a new subscription.
Neomailbox will process your refund by instructing our payment processor(s) to issue a refund. It normally takes a few days for a refund to be processed and reflected on your card statement. Any queries related to a refund that has been actioned by Neomailbox may be addressed directly to the relevant payment processor.
Disclaimer of Warranties
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.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checks to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
Your use of the website, its content, and any services or items obtained through the website is at your own risk. The website, its content, and any services or items obtained through the website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither Amadeus IT Solutions nor any person associated with Amadeus IT Solutions makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the website. Without limiting the foregoing, neither Amadeus IT Solutions nor anyone associated with Amadeus IT Solutions represents or warrants that the website, its content, or any services or items obtained through the website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components, or that the website or any services or items obtained through the website will otherwise meet your needs or expectations.
Limitation on Liability
In no event will Amadeus IT Solutions, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
Indemnification
You agree to defend, indemnify, and hold harmless Amadeus IT Solutions, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the website, including, but not limited to, your User Content, any use of the website’s content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the website.
Governing Law
These Terms shall be governed and construed in accordance with the laws of the Canton of Zurich, Switzerland, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our website and services and supersede and replace any prior agreements we might have had between us regarding our website or services.