BY USING THIS SERVICE YOU INDICATE YOUR ACCEPTANCE OF
THE TERMS OF USE SET OUT HEREIN
MEMBER ACCOUNT, PASSWORD, AND SECURITY
bitmessage.ch will not be liable for any loss that you may incur as
a result of someone else using your password or account, either with
or without your knowledge. However, you could be held liable for
losses incurred by bitmessage.ch or another party due to someone
else using your account or password. You may not use anyone else's
account at any time, without the permission of the account holder.
MODIFICATION OF THESE TERMS OF USE
bitmessage.ch reserves the right to change the terms,
conditions, and notices, including but not limited to the charges
associated with the use of the bitmessage.ch Sites/Services.
You are responsible for regularly reviewing these terms and
conditions and additional terms posted on particular websites.
Your continued use of the bitmessage.ch Sites/Services constitutes
your agreement with bitmessage.ch to all such terms, conditions, and notices.
PERSONAL AND COMMERCIAL USE LIMITATION
You may not modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, transfer,
or sell any information, software, products or services obtained from
the bitmessage.ch Sites/Services. Without the advance express written
permission of bitmessage.ch, you may not use the bitmessage.ch
Sites/Services for mass emailing.
LINKS TO THIRD PARTY SITES
The bitmessage.ch Sites/Services may contain links to third party Web
sites ("Linked Sites"). The Linked Sites are not under the control of
bitmessage.ch and bitmessage.ch is not responsible for the contents
of any Linked Site. The inclusion of any link does not imply endorsement
by bitmessage.ch of the site or any association with its operators.
Any dealings with third parties, including the delivery of and the
payment for goods and services, and any other terms, conditions,
warranties or representations associated with such dealings or
promotions, are solely between you and the third party. bitmessage.ch
shall not be responsible or liable for any part of any such dealings.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the bitmessage.ch Sites/Services,
you will not use the bitmessage.ch Sites/Services for any purpose
that is unlawful or prohibited by these terms, conditions,
and notices. You may not use the bitmessage.ch Sites/Services
in any manner that could damage, disable, overburden, or impair
any bitmessage.ch Site/Service(s) (or the network(s) connected
to any bitmessage.ch Site/Service(s)) or interfere with any other
party's use and enjoyment of any bitmessage.ch Site/Service(s).
You may not attempt to gain unauthorized access to any bitmessage.ch
Site/Service, other accounts, computer systems or networks connected
to any bitmessage.ch Site/Service. You may not obtain or attempt
to obtain any materials or information through any means not
intentionally made available through the bitmessage.ch Sites/Services.
USE OF SERVICES
The bitmessage.ch Sites/Services contain e-mail services designed
to enable you to communicate with others (collectively,
"Communication Services"). You agree to use the Communication Services
only to post, send and receive messages and material that are proper.
By way of example, and not as a limitation, you agree that when using
a Communication Service, you will not:
Use the Communication Service in connection with surveys, contests,
pyramid schemes, chain letters, junk email, spamming or any duplicative
or unsolicited messages (commercial). Commercial Email must only be send
as opt-in email.
Use any material or information, including images or photographs,
which is made available through the bitmessage.ch Sites/Services
in any manner that infringes any copyright, trademark, patent, trade
secret, or other proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs,
cancelbots, corrupted files, or any other similar software or programs
that may damage the operation of another's computer or property of another.
Restrict or inhibit any other user from using and enjoying the
Communication Services.
bitmessage.ch has no obligation to monitor the Communication Services.
However, bitmessage.ch reserves the right to review materials posted to
a Communication Service and to remove any materials in its sole discretion.
bitmessage.ch reserves the right to terminate your access to any or all of
the Communication Services at any time, without notice, for any reason whatsoever.
bitmessage.ch does not control or endorse the content, messages or
information found in any Communication Service and, therefore, bitmessage.ch
specifically disclaims any liability with regard to the Communication Services
and any actions resulting from your participation in any Communication Service.
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination, you are responsible
for adhering to such limitations if you download the materials.
You agree that bitmessage.ch may establish limits concerning use of any
bitmessage.ch Service offered on an bitmessage.ch Web Site, including without
limitation the maximum number of days that e-mail messages will be retained
by any bitmessage.ch Service, the maximum number of e-mail messages that
may be sent from or received by an account on any bitmessage.ch Service,
the maximum size of an e-mail message that may be sent from or received
by an account on any bitmessage.ch Service, the maximum disk space that
will be allotted on bitmessage.ch's servers on your behalf, and the maximum
number of times and duration you may access any bitmessage.ch Service in
a given period of time.
You agree that bitmessage.ch has no responsibility or liability for the
deletion, corruption or failure to store any messages or other content
maintained or transmitted by any bitmessage.ch Service. You acknowledge
that bitmessage.ch reserves the right to log off accounts that are inactive
for an extended period of time without notice.
MATERIALS PROVIDED TO BITMESSAGE.CH OR POSTED AT ANY BITMESSAGE.CH WEB SITE
bitmessage.ch does not claim ownership of the materials you provide to
bitmessage.ch (including feedback and suggestions) or post, upload, input
or submit to any bitmessage.ch Site/Service or its associated services for
review by the general public, or by the members of any public or private
community, (each a "Submission" and collectively "Submissions"). However,
by posting, uploading, inputting, providing or submitting ("Posting") your
Submission you are granting bitmessage.ch
(i) permission to use your Submission in connection with the operation of
Internet businesses (including, without limitation, all bitmessage.ch
Site/Services)
(ii) the license rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat your Submission;
to publish your name in connection with your Submission;
(iii) and the right to sublicense such rights to any supplier of a
bitmessage.ch Site/Service.
No compensation will be paid with respect to the use of your Submission, as
provided herein. bitmessage.ch is under no obligation to post or use any
Submission you may provide and bitmessage.ch may remove any Submission at
any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise
control all of the rights to your Submission as described in these Terms of
Use including, without limitation, all the rights necessary for you to provide,
post, upload, input or submit the Submissions.
This section is inapplicable to any personally identifiable information that
you provide in connection with your use of the bitmessage.ch Sites/Services.
For terms and conditions governing the use of such information please refer
to the Privacy Policy.
CONTENT AVAILABLE THROUGH THE bitmessage.ch SITES/SERVICES
All content (if any) that is made available to view and/or download in
connection with the bitmessage.ch Sites/Services, excluding content
and/or software that may be made available by end-users through a
Communication Service, is owned by and is the copyrighted work of
bitmessage.ch and/or its suppliers and is protected by copyright laws
and international treaty provisions.
Any reproduction or redistribution of the content is expressly prohibited
by law, and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE
CONTENT AND/OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
REFUNDS
By Law you are entitled to a full refund for any service paid
during a 7 (seven) day cooling off period after the payment was made
or until the service is used, whichever comes first. The service
provided is deemed used when the first email is sent.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE bitmessage.ch SITES/SERVICES MAY INCLUDE
NACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE
TO THE bitmessage.ch SITES/SERVICES AND TO THE INFORMATION THEREIN.
bitmessage.ch AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE bitmessage.ch SITES/SERVICES AT ANY TIME.
ADVICE RECEIVED VIA THE bitmessage.ch SITES/SERVICES SHOULD NOT BE
RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND
YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE
TAILORED TO YOUR SITUATION.
bitmessage.ch AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF
VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE
bitmessage.ch SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMITTED BY LAW. bitmessage.ch AND/OR ITS RESPECTIVE SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES, CONDITIONS AND OTHER TERMS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING
ALL IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF SATISFACTORY QUALITY,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT,
TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT bitmessage.ch SHALL NOT BE RESPONSIBLE FOR
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY
MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY
TRANSACTIONS ENTERED INTO THROUGH A bitmessage.ch SITE/SERVICE. YOU
SPECIFICALLY AGREE THAT bitmessage.ch IS NOT RESPONSIBLE OR LIABLE FOR
ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR
CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS,
INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT
bitmessage.ch IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR
INCLUDED IN A bitmessage.ch SITE/SERVICE BY ANY THIRD PARTY.
TO THE FULLEST EXTENT PERMITTED BY LAW IN NO EVENT SHALL bitmessage.ch
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA REVENUES
OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE bitmessage.ch SITES/SERVICES, WITH THE DELAY OR
INABILITY TO USE THE bitmessage.ch SITES/SERVICES OR RELATED SERVICES,
THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE
bitmessage.ch SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE
PRANK MAIL SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF bitmessage.ch OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE bitmessage.ch
SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, TO THE FULLEST EXTENT
PERMISSIBLE BY SWISS LAW, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE bitmessage.ch SITES/SERVICES. THE LIMITATIONS ON AND
EXCLUSIONS OF LIABILITY FOR DAMAGES IN THIS AGREEMENT APPLY REGARDLESS OF
WHETHER THE LIABILITY IS BASED ON BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTIES, OR ANY OTHER LEGAL
THEORY.
STORAGE SPACE AND OTHER LIMITATIONS.
bitmessage.ch MAKES NO WARRANTY THAT ANY bitmessage.ch SERVICE WILL BE UNINTERRUPTED,
TIMELY SECURE OR ERROR-FREE.
SERVICE CONTACT
Contact details can be found in the
FAQ
(last question at bottom of page)
DATA RETENTION
bitmessage.ch does not keeps backups of messages and is not able
to restore any messages. It is the users responsibility to keep
backups of important messages. In case of accout removal or nuking
messages will be deleted too.
TERMINATION/ACCESS RESTRICTION
bitmessage.ch reserves the right, in its sole discretion,
to terminate your access to any or all bitmessage.ch Sites/Services
and the related services or any portion thereof at any time,
without notice.
bitmessage.ch shall have no obligation to maintain any content
or to forward any unread or unsent messages to you or any third party.
GENERAL
You agree that no joint venture, partnership, employment,
or agency relationship exists between you and bitmessage.ch as
a result of this agreement or use of the bitmessage.ch Sites/Services.
You agree to indemnify and hold bitmessage.ch, its parents, subsidiaries,
affiliates, officers and employees, harmless from any claim, demand,
or damage, including reasonable legal fees on a solicitor-client basis,
asserted by any third party due to or arising out of your use of or
conduct on the bitmessage.ch Sites/Services. If any part of this agreement
is determined to be invalid or unenforceable pursuant to applicable
law including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder
of the agreement shall continue in effect. bitmessage.ch will not be liable
to you for any breach of these Terms of Use, which arise because of any
circumstances that bitmessage.ch cannot reasonably be expected to control.
Unless otherwise specified herein, this agreement constitutes the entire
agreement between the user and bitmessage.ch with respect to the bitmessage.ch
Sites/Services.