Last modified on 03.01.2014
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.
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.
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.
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.
4.1. The Customer understands and accepts that the Open-Xchange Service must be associated with a domain name to be operational. The Customer further understands that due to sheer technical limitations, the Open-Xchange Service may only be provided for domain names registered with EuroDNS. As a result, should the Domain Name associated to the Open-Xchange subscription not be renewed, be transferred to another Registrar, traded to another person, be deleted pursuant to a court order or a settlement, or more generally ceases to be linked to the Customer and/or to EuroDNS, the Customer will no longer be entitled to benefit from the Open-Xchange Service and it will automatically be terminated. The Customer will be solely responsible for taking all necessary measures regarding their Domain Name before such termination 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.
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.
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.
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.
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:
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.
In using the Open-Xchange Service, the Customer commits not to:
The Open-Xchange Service is provided for the Customer's personal use only. The Customer agrees not to use the Open-Xchange Service for commercial purposes and the Customer agrees not to resell, distribute, or share the Open-Xchange Service in whole or in part. Should the Customer use the Open-Xchange Services within the scope of a professional activity or commercial venture, the Customer agrees to hold EuroDNS harmless of any consequence that this unauthorised use may result in.
11.1. 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.
11.2. 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 deletion, the failure to renew, the transfer or any other loss of control on the Domain Name linked to the Open-Xchange Service by the Customer;
The Customer understands and agrees that the termination of the Open-Xchange Service entails the removal and/or deletion of:
11.3. 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.
11.4. The Customer expressly agrees that no refund shall be granted in case of termination of the Open-Xchange Service and/or the whole Agreement.