PLEASE READ THE TERMS OF THIS POLICY CAREFULLY BEFORE USING THE SITE

WHO WE ARE AND HOW TO CONTACT US

https://community.mailstore.com/en (“Site”) is a site operated by MailStore Software GmbH (”We”). We are registered in Germany under company number HRB 128564 and have our registered office at MailStore Software GmbH, Cloerather Str. 1-3, 41748 Viersen, Germany.

To contact us, please email support@mailstore.com or telephone our customer service line on +49-(0)2162-502990

BY USING OUR SITE YOU ACCEPT THESE TERMS

In order to access the Site, you will be required to become a Registered User. For purposes of this Policy, a “Registered User” is a user who has registered an account through the Site. On registering to become a Registered User you will be asked to accept this Policy.

If you do not agree to these terms, you must not use our Site.

We recommend that you print a copy of these terms for future reference.

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

Our Privacy Policy ( https://www.mailstore.com/en/legal/legal-privacy-policy/ ) also applies to your use of our Site.

WE MAY MAKE CHANGES TO THE TERMS OF THIS POLICY

We amend these terms from time to time. We will notify you of any substantial changes the next time that you register to the Site. If you do not agree to such modification you will not be able to use the Site.

PARTICIPATION IN THE FORUM

Participation in a forum is only allowed to natural persons and requires registration as a member (registration/establishment of a user account).

The registration form must be completed truthfully and updated immediately if changes are made. The user account may only be used by the registered person. The access password chosen by the registered user must be kept secret from third parties and must be changed immediately if a third party gains knowledge of it. If the user violates any of the aforementioned obligations, MailStore is entitled to delete the user account and to exclude the user from the future use of the Forum.

PROHIBITED USES

You may use our Site only for lawful purposes. You may not use our site:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our CONTENT STANDARDS.
  • To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our site.
  • Not to access without authority, interfere with, damage or disrupt:
    • any part of our site;
    • any equipment or network on which our site is stored;
    • any software used in the provision of our site; or
    • any equipment or network or software owned or used by any third party.

We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use). However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

We are entitled at any time to discontinue the performance entirely or partially of individual discussion threads.

CONTENT STANDARDS

These content standards apply to any and all material which you contribute to our site (Contribution), and to any interactive services associated with it.

The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

MailStore will determine, in its discretion, whether a Contribution breaches the Content Standards.

A Contribution must:

  • Be accurate (where it states facts).
  • Be genuinely held (where it states opinions).
  • Comply with the law applicable in the Federal Republic of Germany and in any country from which it is posted.

A Contribution must not:

  • Be defamatory of any person.
  • Be obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be in contempt of court.
  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person.
  • Give the impression that the Contribution emanates from MailStore if this is not the case.
  • Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
  • Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducements to the commission, preparation or instigation of acts of terrorism.
  • Contain any advertising or promote any services or web links to other sites.

MailStore is not obligated towards the user - even after deletion of a user account/termination of membership - to publish the posts, postings, pictures and/or other discontinued media published by the user in a forum and/or on the web pages of MailStore. This also applies if there are copyrights or other proprietary rights of the user to the article - including parts thereof. The user grants MailStore a simple, temporally unlimited and transferable right of use according to § 19a UrhG (right of public accessibility) to the Contribution. The user can request the deletion of the contribution from MailStore if he asserts a legitimate interest. This is especially true if third parties claim injunctive relief to the user in relation to the Contribution and in the case of decisions of courts (both decisions in interim relief, judgments or court settlements).

The user has the opportunity to provide media (pictures, photos, videos, graphics, etc.) on the Site and in the forums. With the provision of such media on the Site, the user transfers a simple, worldwide, unrestricted and revocable right to use the media provided by the user publicly for the purposes of providing the forum/services and operating the Site. MailStore is entitled to process the media to the extent technically necessary. In case of a withdrawal please note that due to technical reasons the relevant media may persist for a limited period of time (up to one week upon withdrawal).

BREACH OF THIS POLICY

When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our Site.
  • Immediate, temporary or permanent removal of any Contribution uploaded by you to our Site.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

TERMINATION

MailStore can terminate a user’s account textually at any time with a notice period of one week. The right to immediate termination for cause remains unaffected. The user can delete his user account at any time.

WARRANTY AND LIMITATION OF LIABILITY

The forum itself is a complimentary information service. The information made available via the forum is compiled and updated by MailStore with reasonable due care. However, MailStore cannot warrant that (a) the forum is accessible without interruptions or temporary limitations in its functionality, and (b) the information is accurate and up-to-date at any time.

MailStore’s warranty and liability for any MailStore products or services purchased or ordered by you is subject to the separate agreement between you and MailStore.

Both the user and MailStore shall be fully liable in accordance with the applicable statutory provisions toward the other party in case of willful intent, deception, and gross negligence, in case of personal injury and in case of claims under the German Product Liability Act.

The liability of each party in case of a minor negligent breach of a material contractual duty (core duty – “Kardinalpflicht”) is limited to the amount of the foreseeable damages typical to the contract. Core duties within the meaning of this provision include the main contractual performance obligations and obligations the fulfillment of which is essential for the due and proper implementation of the contract and on the fulfillment of which You may generally rely.

In case of indirect, incidental or consequential damages (including loss of profit), such damages shall be moreover limited in the aggregate to the foreseeable damages typical to the contract.

MailStore‘s liability for the loss of data shall be limited to the typical costs of recovery which would have arisen if you had made orderly backups.

WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?

Please note that the terms of this policy, its subject matter and its formation are governed by the laws of the Federal Republic of Germany.