Scope of application
These general conditions govern the relationship between TrustMyMail (TMM) and users of its service.
Services to be provided by TMM
Under the name of «TMM», we provide an email service. There is no charge for using this service.
The volume of e-mails sent may be limited at certain times of day or when the service is being heavily used.
TMM reserves the right to modify or terminate the service at any time without the customer's consent.
The memory space made available to each customer is limited. If the available space is used up, the customer will not be able to send or receive further messages. The customer is responsible for monitoring memory space.
If the TMM account is not used during a period of more than 180 days, TMM will delete it without notification. TMM shall be entitled to delete the associated data. The customer has no right to reinstate the deleted TMM address.
The customer may not demand a particular TMM email address. TMM has the right to cancel an account at any time without giving reasons for its decision and without paying compensation.
The help service is limited. TMM will not bear the cost of support provided by third parties.
TMM may use subcontractors for performance of the contract.
Obligations on the part of the customer
Information content
The customer shall be responsible for the content of any information (data, images, voice) which TMM transmits on the customer's behalf or on behalf of third parties. The customer undertakes to comply with the rules laid down in these conditions. The customer shall compensate TMM for any costs arising from claims made by third parties in relation to the transmission of communications by the customer.The following unlawful information content in particular may not be disseminated via the TMM account:
- Depictions of violence as defined in Art. 135 of the Swiss Criminal Code (CPS);
- Pornographic texts, photographs and depictions as defined in Art. 197 Clauses 1 and 3 of the CPS;
- Racial discrimination as defined in Art. 261 b of the CPS;
- Incitement to violence as defined in Art. 259 of the CPS;
- Instruction or incitement to commit criminal offences or other encouragement of similar behaviour;
- Illegal games of chance and gambling (in particular with reference to the law on lotteries and professional betting);
- Information which infringes copyright or related rights, or the intellectual property rights of third parties.
It is not permitted to transmit content which saturates the network, threatens the security of TMM systems by provoking web-based attacks on the network (e.g. statements by religious groups or extremist politicians), or may have a negative influence on the reputation or image of TMM. TMM reserves the right to delete such content without notification and, if necessary, to terminate access to the network without prior warning. In such circumstances, the customer waives the right to take proceedings against TMM.
The customer shall immediately inform TMM of any unlawful use of the Service (hackers, etc.).
Duty to co-operate
The customer undertakes to take precautions to guarantee data flows. In particular, he must take appropriate measures to prevent unauthorised access to other systems and the spread of viruses.
The customer shall be responsible to TMM for all use of the TMM email service via his account. The customer shall ensure that his user identification and password remain confidential so that third parties cannot access information by this means.
Use of the service
The customer undertakes to use the TMM email service strictly for private purposes.
The customer is responsible for ensuring the security of the data he transmits via the TMM email service.
The customer is responsible for taking precautions to ensure that persons under the age of 16 do not obtain information not intended for them via the TMM service.
The customer undertakes not to register any e-mail address which might offend or in any way undermine any other natural or legal person. In particular, he shall avoid any offence relating to the race, religion, sensitivities or name of such persons, or to company names, brand names or other trademarks.
The customer is completely responsible for the user-specific prefix of his e-mail address (name@trustmymail.com). In particular, he undertakes to compensate TMM for costs arising from legal proceedings or claims for damages relating to the use of his user-specific prefix.
The customer undertakes to use the TMM email service in compliance with Swiss legislation and, if appropriate foreign legislation, particularly criminal-law provisions.
Unlawful use of the service is forbidden. The following practices are regarded as abuses of the service:
- Spamming (sending unsolicited electronic mail for commercial purposes or mass mailings);
- Chain letters (which work of the "snowball" principle);
- The falsification of information relating to the identity of the sender of an e-mail or other information contained in the heading.
Rights to e-mail addresses
TMM is the owner of all the rights attaching to the trustmymail domain name and the addresses derived from it. The fact of setting up a TMM email account does not confer any of these rights on the customer.
Warranty
TMM provides no guarantee that the TMM email service will function fault-free. TMM cannot guarantee that there will be no disruptions or suspensions caused by network operators or providers, or by its suppliers, nor that there will be no disruptions on the Internet itself.
Liability
TMM shall not assume any liability in the event of direct or indirect damages suffered by the customer when accessing, using or consulting the TMM email service, whether such use is lawful or unlawful or the service is used by himself or a third party (this includes damages resulting from viruses).
TMM shall not be liable for direct or indirect damages resulting from termination of the service.
Data protection
TMM undertakes to handle the customer’s personal data in accordance with the applicable legislation, in particular the law on data protection. TMM undertakes not to pass the customer's personal data to third parties, except on the orders of a judge or administrative authority.
Where data protection is concerned, the customer is exposed to the following risks: uncoded messages may be read, modified, delayed or suppressed by unauthorised third parties; the recipient of an e-mail message has no guarantee that the sender is in fact the person indicated in the message.
TMM promises to respect the secrecy of postal and telephonic communications and to respect the right of privacy. For this reason, TMM cannot be held responsible for the content of e-mail messages. Measures to monitor e-mail traffic and the exchange of information, and similar measures having the same effect, will only be taken by TMM if ordered to do so by a judge or an administrative authority.
TMM reserves the right to use aggregate information derived from its users's use of the email service for research and other (possibly commercial) purposes, insofar as this does not reveal any personal information about individual users.
Conclusion of contract
Information about the TMM service does not constitute an offer of contract. On registering, the customer applies for the TMM service and agrees to the TMM contractual conditions contained herein. The contract, of unspecified duration, shall not come into force until the registration has been confirmed by TMM.
Termination
The customer may terminate the contract by not using his TMM account for a period of more than 180 days. The account is then cancelled. The customer has no other possibility of terminating the contract.
TMM may terminate the contract at any time, without having to justify its decision.
TMM may terminate the contract with immediate effect and without having to pay compensation if the customer has broken the contractual provisions or used the TMM service for unlawful purposes, or if there is other good reason.
In the event of the service being terminated, TMM does not undertake to keep any data relating to the customer's account, except aggregated data that does not reveal unread or unsent messages to the customer or a third party.
Amendments
TMM reserves the right to amend these general conditions at any time by giving 30 days’ notice by electronic mail. Unless such amendment is contested by the customer within 15 days of his being sent the e-mailed notice, the new general conditions shall be deemed to be accepted.
Partial nullity
In the event of one of the provisions of these general conditions being deemed void or invalid, it shall be replaced by another provision which fulfils the purpose of the invalidated provision as closely as possible. This shall not affect the validity of the remaining provisions.
Applicable law and jurisdiction
Any legal proceedings between TMM and the customer shall be subject to Swiss law.
Any dispute arising from this agreement shall come under the exclusive jurisdiction of the courts of the Canton of Vaud (VD). TMM nevertheless reserves the right to take proceedings at the customer's office or home address.
Lausanne, Switzerland, February 2004.