Open-Xchange Services - specific conditions

These Specific Terms and Conditions and EuroDNS’ General Terms and Conditions shall be interpreted and applied together as a single instrument (the “Agreement”). All definitions contained within these Specific Terms and Conditions shall have the same meaning as those defined in the General Terms and Conditions.


1. The Services

EuroDNS shall provide the Customer with groupware services (the « Open-Xchange Solutions » or «Open-Xchange Services » or « OX Services ») as described herein insofar as the Customer has placed an order for such services pursuant to the General Terms and Conditions.

Under these Specific Terms and Conditions EuroDNS shall provide the Customer with a web-based solution that may include email, calendar, contact, and task list services.


2. Domain Name

The Customer expressly understands that the OX Services require to be associated to a domain name to be operational. The Customer further understands that due to sheer technical reasons, the OX Services are only provided in conjunction with the acquisition of a Domain Name dully registered with EuroDNS. As a result, should said Domain Name fail to be renewed, transferred to another platform, traded to another person, be deleted according to a court order or a settlement, or more generally ceases to be linked to the Customer or the Customer's account or to EuroDNS, the Customer will lose any and all right to the OX Services which will be terminated. It is the Customer sole and entire responsibility to backup the content of the OX Services before such termination and EuroDNS cannot be held liable for any loss of data incurred because of such.


3. Licence

EuroDNS shall grant the Customer a non-exclusive, non-transferable limited license to access and use the OX Services with certain, limited functions chosen by the Customer in their Order Form.

By accepting this license, the Customer shall not and shall not allow any third party to: (i) decompile, disassemble, reverse engineer or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms or any portion of the softwares and more generally of any technology made available to them as part of the OX Services ; (ii) modify or create derivative works of the OX Services; (iii) incorporate or embed the OX Services, in whole or in part, into another product or other computer software code; or (iv) remove, alter, cover or obscure any copyright notice or any other notice or trademark that appears on the OX Services, on any copies, or any media made available through those Services.

All rights in the OX Services not expressly granted to the Customer hereunder are reserved to EuroDNS and its licensors. For the avoidance of doubt, the Customer expressly acknowledges that there are no implied rights.

Additionally, the Customer agrees and consents to the License Agreement applicable to Open-Exchange Inc. products available at http://www.open-xchange.com/en/legal-notice.


4. Use of the Services

4.1 The Open-Xchange Services are expressly limited to use by the Customer and its End Users. The Customer must notify EuroDNS within five (5) days of any notices received by the Customer that could adversely affect EuroDNS including, but not limited to, notices of claims or proceedings that involve the OX Services. The Customer must promptly notify EuroDNS of any errors, "bugs," or problems experienced in using the OX Services.

EuroDNS shall exercise no control over, and accept no responsibility for, the informational content transiting via the OX Services. EURODNS MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, FOR THE SERVICES AND DISCLAIMS ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.

Use of any information involving the OX Services shall be at Customer's and End Users' own risk. EuroDNS specifically denies any responsibility for the accuracy or quality of information obtained via the OX Services.

The Customer may not interfere with the use by EuroDNS or others of the OX Services, nor may the Customer sublicense the OX Services or allow third parties to use the OX Services.

4.2 In using the OX Services, the Customer agrees not to:

  1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. harm minors in any way;
  3. impersonate any person or entity, or falsely state or otherwise misrepresent their affiliation with a person or entity;
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the OX Services;
  5. upload, post, email, transmit or otherwise make available any Content that the Customer does not have a right to make available under any law or under contractual or fiduciary relationships;
  6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," or any other form of solicitation;
  8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. interfere with or disrupt the OX Services or servers or networks connected to the OX Services, or disobey any requirements, procedures, policies or regulations of networks connected to the OX Services;
  10. intentionally or unintentionally violate any applicable local, state, national or international law, including any rules of any national or other securities exchange, or any regulations having the force of law;

The Customer acknowledges, consents and agrees that EuroDNS may access, preserve and disclose the Customer account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: comply with legal process; enforce the Agreement; respond to claims that any Content violates the rights of third parties; respond to the Customer requests for customer service; or protect the rights, property or personal safety of EuroDNS, its customers and the public.


5. Content

The Customer understands that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted to the Customer or by the Customer using the OX Services, are the sole responsibility of the person from whom such Content originated. This means that the Customer is entirely responsible for all Content that they upload, post, email, transmit or otherwise make available via the OX Services.

EuroDNS does not control the Content posted via the OX Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. The Customer understands that by using the OX Services, they may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will EuroDNS be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the OX Services. The Customer is being reminded that EuroDNS has no obligation to monitor the Content hosted via the OX Services.

Notwithstanding the aforementioned, in cases where it will come to EuroDNS attention that blatantly illegal Content is being hosted via the OX Services, EuroDNS will remove it promptly, without notifying the customer from whom the Content originated or by whom it was made available. In such case, EuroDNS may have to report said illicit activities and furthermore may assist the Law Enforcement.

Upon receipt of a claim regarding a Content that is not blatantly illegal, EuroDNS will invite the complainant to lodge a complaint before the applicable authorities and where applicable EuroDNS may communicate the notification regarding such claim to the relevant customer so that they ensure that the reported Content does comply with the applicable Laws. EuroDNS shall solely remove Content if a court order request expressly EuroDNS to do so or in cases where the Content is blatantly illicit.


6. Anti-Spam

The OX Services include the Anti-Spam solution from SPAM EXPERTS™:

The Anti-Spam solution from SPAM EXPERTS™ scans the Customer emails in an attempt to identify Spam and prevent it from reaching the Customer inbox. An email identified as Spam may be deleted from the Customer inbox. As such, the Customer understands and agrees that the Spam protection feature cannot be guaranteed by EuroDNS to be error free and that it may cause deletion of non-SPAM emails, and that it may also allow SPAM to reach the Customer inbox. The Customer understand and agrees that such solution shall be provided « AS-IS » without any express nor implied warranties as to the well functioning or efficiency of the Anti-Spam solution.


7. Availability of the OX Services

Subject to the terms and conditions of this Agreement, EuroDNS shall attempt to provide the OX Services for twenty-four (24) hours per day, seven (7) days per week throughout the term of this Agreement. However, the Customer agrees that from time to time the OX Services may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions; (b) periodic maintenance procedures or repairs that EuroDNS may undertake from time to time; or ( c) causes beyond the control of EuroDNS or that are not reasonably foreseeable by EuroDNS, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures.

The Customer understand and agrees that EuroDNS has no control of the OX Services availability on a continuous or uninterrupted basis.


8. Fees

For the provision of the OX Services, the Customer shall pay to EuroDNS all applicable fees for the Services using the payment methods described in the applicable Annex « Information relating to payment ». Fees for the OX Services must be paid at the time of ordering. Fees for renewals of the OX Services must be paid at least one (1) day before the expiration of the Services subscription.

Except as provided herein, all fees are non-refundable, in whole and in part, even if the OX Services are suspended or cancelled prior to the expiration of the OX Services subscription term.


9. Term

Prior to its expiration date, the Customer will have the option to renew their OX Services subscription using EuroDNS’s automated processing system. EuroDNS will notify the Customer several times that the OX Services are about to expire. The email will also describe the various renewal methods. Such emails shall be sent to the email address appointed by the Customer in their Contact Details. EuroDNS shall not be held responsible or liable in the event the Customer fails to take the necessary steps to renew its subscription, if the email address provided by the Customer is erroneous or out of date, and/or if the Customer fails to receive the email containing the OX Services expiration notification. The Customer shall assume sole responsibility for renewing their subscription for the OX Services.

If the Customer fails to renew their subscription prior to the expiration date thereof, the Open-Xchange Services will be terminated and the content of the OX Services automatically deleted.


10. Privacy

The Customer Details and certain other information pertaining to the OX Services are subject to the rules set out in Article 14 of the General Terms and Conditions "Confidentiality and protection of Data Privacy". The Customer understands and agrees that in their current form the OX Services do not offer any particular security measure in order to guarantee the Customer privacy beyond what can be expected from similar services.


11. Limitations

The Customer acknowledges that EuroDNS may establish limits concerning use of the OX Services, including without limitation the maximum number of days that email messages or other uploaded Content will be retained by the OX Services, the maximum number of email messages that may be sent from or received by an account on the OX Services, the maximum size of any email message that may be sent from or received by an account on the OX Services, the maximum disk space that will be allotted on EuroDNS' servers on the Customer behalf, and the maximum number of times (and the maximum duration for which) the Customer may access the OX Services in a given period of time. The Customer agrees that EuroDNS has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the OX Services. The Customer acknowledges that EuroDNS reserves the right to deactivate subscriptions that are inactive for an extended period of time not less than thirty (30) days. The Customer further acknowledges that EuroDNS reserves the right to modify these limitations from time to time.


12. Services modifications

EuroDNS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the OX Services or any part thereof with or without notice. The Customer agrees that EuroDNS shall not be liable to the Customer or to any third party for any modification, suspension or discontinuance of the OX Services.


13. No commercial use

The OX Services are provided for the Customer personal use only. The Customer agrees not to use the OX Services for commercial purposes and the Customer agrees not to resell, distribute, transfer, share or otherwise use the OX Services or any portion of the OX Services, including any promo code or credits related to the same for any commercial purposes whatsoever.

Should the Customer use the OX Services in conjunction with a professional activity or commercial project, the Customer agrees to hold EuroDNS harmless of any consequence that unsupported use may have had thereof.


14. Termination

The Customer agrees that EuroDNS may, under certain circumstances and without prior notice, immediately terminate the Customer subscription to the OX Services, any associated email address, calendar, task list and access to the OX Services. Cause for such termination shall include, but not be limited to:

  • Deletion, failing to renew, transfer or any other way of losing the Domain Name associated to the OX Services.
  • breaches or violations of the Agreement or other incorporated agreements or guidelines,
  • requests by law enforcement or other government agencies,
  • a request by the Customer (self-initiated subscription termination),
  • discontinuance or material modification to the OX Services or any part thereof
  • unexpected technical or security issues or problems,
  • engagement by the Customer in fraudulent or illegal activities, and/or
  • non-payment of any fees owed by the Customer in connection with the OX Services.

The Customer understands and agrees that Termination of the OX Services includes:

  • the removal of access to all offerings within the OX Services including any e-mail that the Customer may have stored,
  • the deletion of the Customer password and all related information, files and Content associated with or inside the Customer Account or any part thereof,

and barring of further use of the OX Services.

Further, the Customer agrees that all terminations for cause shall be made at EuroDNS' sole discretion and that EuroDNS shall not be liable to the Customer for any termination of their subscription, any associated email address, or access to the OX Services.