Terms of Service for dismail.de
- Terms By accessing the sevices at dismail.de, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site and its services.
- Disclaimer The materials and services are provided on an 'as is' basis. dismail.de makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, dismail.de does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
- Limitations In no event shall dismail.de or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials and services on dismail.de website or services, even if dismail.de or a dismail.de authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you
- Accuracy of materials The materials appearing on dismail.de website could include technical, typographical, or photographic errors. dismail.de does not warrant that any of the materials on its website are accurate, complete or current. dismail.de may make changes to the materials contained on its website at any time without notice. However dismail.de does not make any commitment to update the materials.
- Links dismail.de has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by dismail.de of the site. Use of any such linked website is at the user's own risk.
- Deletion of user data In the case of a period of inactivity greater than or equal to 6 months, we reserve the right to delete your dismail account and all related data.
- Misuse, release from damages The user is not permitted to misuse his/her user account and the Providers infrastructure for purposes that contravene the law. The Parties define misuse, in particular, as follows:
- the sending of unsolicited bulk messages (spam)
- the sending of messages to promote illegal activities
- the sending of messages with the aim of harming or destroying, violate privacy, infringe the intellectual property, to issue statements offensive, fraudulent, obscene, racist, xenophobic, discriminatory, or any other form of content prohibited by law.
- contribution to the abuse of others
- the sending of messages with falsified or intentionally deceptive sender information for the purpose of preparing for or carrying out a criminal act
- making the account address available as a response address for spam sent via a third party
- using dismail.de services in context with any activity not permitted by national or international law
- the storage or the transmission of viruses or similar malicious software (malware), and of programs whose distribution is prohibited under Section 95a Paragraph 3 of the Copyright Act (UrhG) (software for the circumvention of copy protection)
- utilization for the purpose of computer sabotage or of the unauthorized access of other Internet hosts (Sections 303a, 303b of the German Criminal Code [StGB]), and comparable acts or preparations thereto that lend themselves to being utilized for the execution of an illegal act
- the storage or the dispatch of image, video, audio, text, or other files in contravention of copyrights, trademark rights, name rights, competition or personal rights, or of files that contain prohibited propaganda material or designators of unconstitutional organizations (Sections 86, 86a of the StGB)
- the storage or the dispatch of pornographic material as defined under Sections 184-184d of the StGB or of media listed in Section 24 Paragraph 1 of the Young Persons Protection Act (JuSchG) as being harmful to juveniles.
- impersonation as another person, brand, or organization.
- trading any dismail.de services with a third party
- any activity not permitted by national or international law.
- Modifications
- Governing Law These terms and conditions are governed by and construed in accordance with the laws of Germany and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
Any kind of abuse may result in account deletion without further notice.
The user shall be obligated to indemnify the provider against all third-party claims raised against the provider as a consequence of content that is distributed via the users address, especially owing to the alleged infringement of copyrights, trademark rights, name rights, competition rights, or personal rights. Entitlement to indemnification also encompasses any expenses incurred by the provider in respect of appropriate fact finding and legal defense.
dismail.de may revise these terms of service for its services at any time. For example to take changes in the legal framework or changes in our services into account. The changes will not be retroactive, and the most current version of the Terms will always be at dismail.de/tos.html
You should therefore review these Terms of Service regularly. In the event of significant changes to these Terms of Service, we will notify you of such changes by: e.g. posting a notice on the website, or sending a message to your XMPP account, or sending an email to your email address. If you do not agree to the modified Terms of Use of a Service, you must stop using that service.
Last update: May 17, 2019
Previous Terms of Service:
- Version 1.2: changed: Formating; added: Misuse, release from damages - "contribution to the abuse of others"; "using dismail.de services in context with any activity not permitted by national or international law"; "any activity not permitted by national or international law."; "trading any dismail.de services with a third party"
- Version 1.1: changed: Deletion of user data - 1 year -> 6 month; added: Misuse, release from damages - "impersonation as another person, brand, or organization."
- Version 1.0: 2017-09-21 - In some sentences "website" was replaced by "service(s)"; updated Paragraph 8. (reason)