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Terms and conditions


The terms and conditions are valid for all domains owned by the bitmessage.ch owner, including but not limited to "bitmessage.ch" and "bittext.ch".
If not explicitely otherwise stated in the terms below, the term "bitmessage.ch" includes all other domains owned by the bitmessage.ch owner.

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.