Specific Terms and Conditions: Open-Xchange Service

Last modified on 01.06.2017

Specific Terms and Conditions applicable to the Open-Xchange Service provided by EuroDNS S.A.

These Specific Terms and Conditions and the General Terms and Conditions shall be interpreted and applied together as a single instrument (the "Agreement"). To the extent there is a direct conflict between these terms and the General Terms and Conditions, these terms shall prevail. Capitalised terms defined in the General Terms and Conditions shall have the same meaning in the Specific Terms and Conditions.

1. The Service

EuroDNS shall provide the Customer with a range of "groupware" services (the "Open-Xchange Service") as defined hereafter insofar as the Customer have submitted an Order Form pursuant to the General Terms and Conditions.

2. License

EuroDNS shall grant the Customer a non-exclusive limited license to use the Open-Xchange 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: directly or indirectly : (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 software and more generally, of any technology made available to them as part of the Open-Xchange Service ; (ii) modify or create derivative works of the Open-Xchange Service; (iii) incorporate or embed the Open-Xchange Service, 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 Open-Xchange Service.

The Customer acknowledges that the license of use on the Open-Xchange Service is personal and non-transferrable and that the Customer is forbidden from sub-licensing the Open-Xchange Service and more generally, from allowing any third party to use the Open-Xchange Service.

All rights in the Open-Xchange Service not expressly granted to the Customer hereunder are reserved to EuroDNS and its licensors.

Additionally the Customer undertakes to abide by the terms of use applicable to the software provided by the company Open-Xchange Inc.; the current version is available at: https://www.open-xchange.com/privacy/

3. Limitations

The Customer accepts that EuroDNS may establish limits to the acceptable use of the Open-Xchange Service, including without limitation the period during which email messages and any other content stored via the Open-Xchange Service will be retained, the number of email messages that can be sent from or received by each account created as part as the Open-Xchange Service, the disk storage space allotted and the number of times and duration the Customer may access the OX Services within a given period of time.

The Customer further accepts that EuroDNS reserves the right to modify these limitations from time to time.

4. Responsibility

4.1. The Customer understands and accepts that the Open-Xchange Service must be associated with a domain name to be operational.

As a result, should the Domain Name associated to the Open-Xchange subscription not be renewed and/or be deleted, the Open-Xchange Service functionalities will be limited. The Customer will be solely responsible for taking all necessary measures regarding the registration and renewal of their domain name and EuroDNS will not be held liable for any loss and/ or shortfall incurred because of such.

4.2. The Customer acknowledges that the Content communicated via the Open-Xchange Service is the sole responsibility of the person from whom it originated. The Customer therefore agrees that they will be solely and entirely responsible for the Content that they distribute, edit, publish or otherwise make available via the Open-Xchange Service.
EuroDNS does not control the Content transiting via the Open-Xchange Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.

It is expressly reminded here that EuroDNS is not subject to any general obligation to monitor the Content transiting via the Open-Xchange Service.
Notwithstanding the aforementioned, in the event EuroDNS has been informed that the Customer is using the Open-Xchange Service to communicate or distribute blatantly illicit Content, EuroDNS will promptly suspend the Open-Xchange Service without prior notice to the Customer. In such a case and where applicable, EuroDNS may assist the competent law enforcement authorities in their investigation of the blatantly illegal activities.

5. Refund

The Customer understands and agrees that unless otherwise provided all fees applicable to the Open-Xchange Service are non-refundable. Notwithstanding the aforementioned, the Customer having the legal status of consumer pursuant to the Luxembourgish consumer code is entitled to benefit from the statutory fourteen (14) day period of withdrawal set forth by article L.22–5 of this code.

The Customer further acknowledges that the early termination of the Open-Xchange Service does not entail the refunding of any monies paid to EuroDNS nor does it release the Customer from their obligation to pay all fees applicable to the Service ordered.

6. Modification

In accordance with article 7.2 of the General Terms and Conditions, EuroDNS retains the right to discontinue or suspend at any time, temporarily or permanently any part of the Open-Xchange Service. In such a case EuroDNS shall make its best efforts to inform the Customer of such modification or suspension of the Open-Xchange Service in a timely manner.

The Customer understands and accepts that EuroDNS cannot be held liable by the Customer or any third party for any consequences resulting from such modification, suspension or discontinuance of the Open-Xchange Service.

7. EuroDNS obligations

EuroDNS makes no warranty of any kind, expressed or implied, as to the Open-Xchange Service merchantability or fit for a particular purpose. The Open-Xchange Service is provided on an as-is and as available basis without warranty of any kind, expressed or implied, as to its good functionality and EuroDNS disclaims all responsibility and liability for the Service availability.

Further, the Customer expressly acknowledges that EuroDNS will not backup the Customer Content and therefore accepts that they shall take all measures they deem necessary against the loss or deterioration of the Content.

8. Open-Xchange Service availability

EuroDNS shall make its best efforts to provide the Open-Xchange Service twenty (24) hours a day and seven (7) days a week for the whole term of the Open-Xchange Service subscription. However, EuroDNS hereby only commits to a best-efforts obligation.

Additionally, the Customer accepts that the Open-Xchange Service may be unavailable or not functioning from time to time due to several causes, such as but not limited to:

  • periodic maintenance, repair or replacement operations of equipment necessary to the provision of the Open-Xchange Service that EuroDNS may undertake from time to time;
  • improper use of the Open-Xchange Service by the Customer;
  • ...

EuroDNS shall make all reasonable efforts to publish on the EuroDNS Site any information pertaining to the resuming of the Open-Xchange Service after an interruption.

9. Terms of use

In using the Open-Xchange Service, the Customer commits not to:

  • take any action that may be defamatory, libellous, threatening, abusive, harassing, invasive of another's privacy, and/or hateful, racially, ethnically or otherwise objectionable, harmful to minors in any way;
  • impersonate any person or entity, or falsely state or otherwise misrepresent their affiliation with a person or entity;
  • forge or manipulate identifiers in order to disguise the origin of any Content;
  • upload, post, email, transmit or otherwise make available any Content that the Customer does not have a right to make available;
  • infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • 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;
  • interfere with or disrupt the OX Service or servers or networks connected to the OX Service, or disobey any requirements, procedures, policies or regulations of networks connected to the OX Service;
  • intentionally or unintentionally violate any applicable national or international law, and more generally any applicable legal or statutory rules.

10. Termination

10.1. The Customer may request the termination of the Open-Xchange Service at any time. Such termination will be operated after a period of one (1) month following the receipt by EuroDNS of a written request sent by registered mail to the address specified in article 1 of the General Terms and Conditions.

10.2. The Customer accepts that in certain circumstances, EuroDNS will be entitled to terminate their Open-Xchange Service subscription without prior notice, thus preventing the customer from accessing and/or using the Open-Xchange Service. Circumstances where such termination may happen, without it being deemed a default of EuroDNS towards its contractual or legal obligations, include but are not limited to:

  • the Customer’s breach of the Contractual Terms;
  • the receipt of a request from law enforcement or any competent agency imposing such termination;
  • the Customer’s early termination request;
  • any suspension or fundamental modification of the Open-Xchange Service;
  • unforeseeable technical or security issues;
  • use of the Open-Xchange Service by the Customer for illicit purposes;
  • failure by the Customer to pay to EuroDNS any fee due for the Open-Xchange Service provision;

The Customer understands and agrees that the termination of the Open-Xchange Service entails the removal and/or deletion of:

  • all access to the functionalities offered as part as the Open-Xchange Service, and
  • the Content stored by the Customer, and
  • the Customer’s authentication details, and
  • more generally prevent any further use of the Open-Xchange Service.

10.3. In case of termination of the whole Agreement as set forth by article 14 of the General Terms and Conditions, the Customer shall hold EuroDNS harmless from any responsibility arising from any further intervention request on the Open-Xchange Service.

10.4. The Customer expressly agrees that no refund shall be granted in case of termination of the Open-Xchange Service and/or the whole Agreement.