Swiss Cyber Safe (SCS) Service Agreement
Swiss Cyber Safe, GmbH a Swiss company, (“SCS” going forward) shall provide email products and services (“the Swiss Cyber Safe Service”) to you (“the customer”) under the terms and conditions of the Swiss Cyber Safe Service Agreement (“this Agreement”).
BY COMPLETING THE REGISTRATION PROCESS, THE CUSTOMER AGREES TO BE BOUND BY THIS AGREEMENT AND TO THE TERMS AND CONDITIONS HEREIN.
VAT is 8% for Swiss residents only.
SCS performs automatic renewals by drafting your preferred method of payment on your subscription renewal date. You will be notified by email 5-7 days prior to your renewal date should you wish to amend your payment method or make any changes to your subscription.
SCS will not sell, rent or disclose in any other way a customer’s email address or other personal information nor will SCS monitor or disclose the contents of a customer’s private communications unless required to do so by law which requires an official warrant issued by a federal judge of Switzerland or such action is necessary to protect SCS rights or property, or under circumstances to protect the safety of its customers or the public. The customer’s account shall be password protected and the customer shall be solely responsible for maintaining the confidentiality of the customer’s password.
In an effort to provide effective and simple email, SCS have chosen to not allow advertising to be incorporated with our email service nor shall SCS depend on any advertising revenue. Affiliated web sites may not include eventual advertisers.
SCS provides for spam-blocking and consequently does not support or permit spamming. As a SCS customer, all subscribers agree to the Use Policy which strictly forbids any spamming activities. Spamming is described as sending unwanted, unsolicited email and will NOT be tolerated by SCS.
To protect our customers’ mailboxes and our system from overflows due to unsolicited emails or SPAM attacks and abuses, SCS uses a security limit. For customers with a legitimate need for a higher daily volume and with a paid for Professional Account, SCS may grant an increase of this daily security limit upon request with no additional charges. Please be aware that SwissCyberSafe.ch reserve the right to revoke any such granted security limit increases at any time without giving any reasons.
Subscriptions to SCS email, VPN, Swiss Safe storage services and Silent App are payable in advance and are billed annually. We offer a 10 day refund for our Email, Swiss Safe, VPN, Silent App and Web hosting services excluding Domain registration orders. Within the 10 day time period you are able to cancel and receive a full refund. If either the Swiss Safe or Silent phone App are registered and activated, no refund will be granted.
B. USE POLICY
The following governs the use of the SCS service by its customers:
(a) The customer shall not use the SCS services for:
(1) the bulk sending of unsolicited messages, the sending of unsolicited emails (SPAM) or unauthorized junk mail,
(2) the use of distribution lists that include persons without their prior permission to be included in such distribution process,
(3) sending phishing emails to collect private data for illegal activities.
(4) pornography, illegal drug research, illegal gambling
The customer shall not use the SCS service in a manner which violates any local, state, national or international law, code or regulation, or which fails to comply with accepted Internet protocol. The customer shall not attempt to interfere in any way with SCS networks or network security, or attempt to use the SCS service to gain unauthorized access to any other computer system.
(b) The customer shall immediately notify SCS of any unauthorized use of the customer’s account. The customer shall not interfere with another customer’s use of the SCS service. The customer shall not resell, rent, lease, or make commercial use of the SCS Services without the prior written consent of SCS. SCS retains the right to terminate any and all parts of the SCS service provided to the customer without having to refund the customer any fees, if SCS determines that the customer has breached any of the terms of this Use Policy. If SCS determines that the customer has failed to comply with any of the terms in the Use Policy, section (a) above, SCS may refer the customer’s wrongful activity to appropriate legal authorities, and bring a civil action against the customer for any direct, indirect, special, incidental, or consequential damages incurred by SCS as a result of the customer’s wrongful activity.
Title, ownership, and intellectual property rights in all content and material that is part of, contained in, or accessed through the SCS Service, and provided by SCS or any content provider shall remain in SCS or any other content provider. Such content and materials are protected by applicable copyright, trademark, service mark and patent laws and treaties.
Any notices required or permitted under this Agreement shall be given as follows: Notice from the customer to SCS shall be in writing and shall be made either via email or certified mail; Notice from SCS to the customer shall be in writing and shall be made either via email, certified mail or posted as part of the member’s login on the SCS Web site.
E. DISCLAIMER OF WARRANTIES
SCS expressly disclaims any warranty for the SCS service. The SCS service is provided on an “as is” basis, without warranty of any kind, either expressed or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The entire risk as to the performance of or arising out of the use of SCS services is born by the customer. SCS makes no warranty regarding any goods, information or services purchased or obtained through the use of the SCS service. This disclaimer of warranty constitutes an essential part of this agreement. In the event that a jurisdiction does not allow a disclaimer of an implied warranty, this disclaimer may not apply to the customer and the customer may have other legal rights.
F. LIMITATION OF LIABILITY
Under no circumstances and under no legal theory, tort, contract, or otherwise, shall SCS or its Affiliates be liable to the customer or any other persons for any indirect, special, incidental, or consequential damages of any character including without limitation, damages resulting from the use of or the inability to use the SCS service, the performance of the SCS service, or damages for loss of goodwill, business profit, business stoppage, loss of data or business information, computer damage, or damages resulting from unauthorized access to or changes made to customer’s transmissions or data, or any and all other commercial damages or losses. In no event will SCS be liable for any damages in amounts in excess of those received by SCS from the customer for the SCS service.
The customer represents that the use identification selected by the customer when used alone or combined with a domain name, does not interfere with the rights of any third party and is not being selected for any unlawful purpose. The customer acknowledges and agrees that if such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, SCS may immediately suspend the use of such SCS email address, and the customer will indemnify and hold SCS harmless, in accordance with the indemnification section below, for any claim or demand against SCS that arises out of such selection. The customer acknowledges and agrees that SCS shall not be liable to the customer in the event that SCS is ordered or required, as a result of a court order or legal settlement, to desist from using or permitting the use of a particular domain name as part of a SCS email address. If as a result of such action, the customer loses use of an email address, the customer’s sole remedy shall be the receipt of a replacement SCS email address.
SCS reserves the right to modify the SCS Service or change the terms and conditions of this Agreement. SCS will give notice of any substantial changes to the SCS Service or to this Agreement by either posting the changes as part of the member’s login of the SCS Web site. Customers not wishing to be bound by the modified Agreement may terminate the SCS Services pursuant to the Termination section below. Continued use of the SCS Service after such notice has been posted shall be deemed an acceptance by the customer to be bound by the terms of this Agreement, as modified.
The customer agrees to indemnify and hold SCS, its parents, subsidiaries, affiliates, shareholders, directors, employees, and agents, harmless from any claim or demand, including reasonable attorney’s fees and costs, made by any third party due to or arising out of the customer’s use of the SCS Service, the violation of this Agreement by the customer, or the infringement by the customer, or other user of the SCS Service using the customer’s equipment, or any intellectual property or other right of any person or entity, or a result of any threatening, libelous, obscene, harassing or offensive material contained in any client communications.
SCS services may be terminated with or without cause, effective immediately, by either SCS or the customer at any time upon written notice to the other party. Upon termination, the customer’s right to use the SCS Service ceases immediately, and SCS shall not be obligated to forward an unread or unsent messages to the customer or any third party. SCS shall not be liable to the customer or any third party for termination of the SCS Service. No reimbursement of the pro-rata portion of the yearly fee paid will be made for the period remaining.
If any provision here of shall at any time be held to be void, invalid or unenforceable, such provision shall be construed as severable and shall not in any way affect or render void, invalid or unenforceable any other provision of this Agreement, and this Agreement shall be carried out as if such void, invalid or unenforceable provision were not part of this Agreement.
L. ACTION LIMIT
The customer and SCS agree that any cause of action arising out of or related to SCS Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently waived and barred.
M. NO WAIVER
No waiver on the part of SCS to exercise, and no delay in exercising, any right, power or provision hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or provisions hereunder preclude the exercise of that or any other right, power or provisions.
The headings in this Agreement are for convenience only and shall not affect the meaning or interpretation of this agreement or any provision thereof.
O. ENTIRE AGREEMENT
This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether oral or written, relating to the subject matter hereof.
P. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of Switzerland.
The exclusive jurisdiction in any case is Reinach, Switzerland.
For questions, please contact: firstname.lastname@example.org