Conditions of Use User Support Forum mailbox.org (V 1.0)

Sec. 1: Scope

(1) Heinlein Support GmbH, Schwedter Str. 8/9B, 10119 Berlin, e-mail mail@heinlein-support.de, hereinafter referred to as the “Provider”, operates, at the Internet address https://userforum-en.mailbox.org, a database with explanations and instructions regarding the use of the services offered on mailbox.org (hereinafter the “Forum”).

(2) If the User is already in a contractual relationship with the Provider, these Conditions of Use shall apply in addition to the contractual terms and conditions already existing, in particular the General Terms and Conditions of Business for ‘mailbox.org Prepaid’ respectively ‘mailbox.org Business’, which shall continue to apply in their entirety.

Sec. 2: Purpose of the Forum

(1) The Forum is intended to provide assistance free of charge enabling users to help each other in technical matters. It makes no claim to completeness. The Forum and the postings posted to it cannot cover every conceivable technical aspect and every other relevant aspect. Against this background, the options presented for action do not offer any guarantee that the desired result will be achieved in any given hardware/software configuration. It is recommended that professional users who rely on stable and secure operation of their IT systems should always take individual advice.

(2) No entitlement exists for the continued existence of the Forum or for access to certain postings; the Provider reserves the right to restructure the Forum in whole or in part or to cease its operation temporarily or permanently at any time at its own discretion.

Sec. 3: Access to Postings

Viewing of the postings on the Forum is free of charge and open to everyone without any special prerequisites. Postings are exclusively for the purpose of providing information to individual users in individual cases. By making postings accessible, the Provider does not grant any right for their reproduction or distribution, whether in printed, digital or any other form, and in particular grants no right for the utilisation of the postings under a sui generis database right or in any other collective form.

Sec. 4: Posting

(1) For posting on the Forum, registration is required at http://support.mailbox.org with the access data for a mailbox.org user account.

(2) Users are obliged to keep their access data secret and protected against use by third parties. The passing of access data to third parties is not permitted.

(3) By transmitting a posting to the Provider, the User grants the Provider the simple, worldwide and perpetual right to publish and reproduce the posting and to make it publicly accessible, including the right to translate the posting into other languages and the right to grant these rights to companies affiliated with the Provider.

(4) A User’s postings will be posted by giving a unique User identification. Postings and User ID are also openly visible to non-registered users and searchable world-wide via search engines.

(5) The Provider publishes users’ postings automatically and without checking them first.

(6) The Provider has the right to alter the heading and URL of a posting by the User subsequently by clarifying or adding suitable search words, to make it easier for other users of the Forum to search for and find the posting via the Forum search function. To ensure the quality of permanent documentation, the Provider may correct typing mistakes and orthographical errors.

Sec. 5: Permitted and Prohibited Content; Liability

(1) The content of postings should be set out in such a way that they offer other users assistance in configuring and operating hardware, software and services of the Provider, such as web hosting, e-mail services and office applications. Users should limit postings to factual descriptions and refrain from personal criticism of other users.

(2) The User undertakes to post no postings which in particular

1. create the impression that the author represents or is in any other way acting on behalf or at the behest of the Provider;
2. despite better judgement include a recommendation for action which, if followed, would be detrimental to the use of the Provider’s services or may result in data loss or other impairments;
3. constitute a criminal offence or misdemeanour upon publication;
4. infringe copyright law, trade mark law or competition law or violate rights of personality;
5. are in breach of the Legal Services Act (Rechtsdienstleistungsgesetz);
6. have insulting, racist, discriminatory or pornographic content;
7. include advertising;
8. are contrary to the principles of public policy or contravene other applicable laws.

(3) The User guarantees to the Provider that he or she is authorised without limitation to post the posting and to make it publicly accessible, and in particular holds all necessary copyrights and trade mark rights. At the same time, the User indemnifies the Provider against any and all claims by third parties in connection with the content of any posting which has been posted; this indemnity claim shall also include reasonable and appropriate costs of legal defence against such third party.

Sec. 6: Liability for Content

(1) The Provider undertakes no liability for the correctness or completeness of postings posted by users. Such postings are identifiable from the mailbox.org user ID of the relevant author published with the posting. The liability of the Provider for such postings is excluded unless the Provider is responsible for their existence.

(2) The Provider shall be liable in respect of postings which the Provider itself has posted only to the extent that it can be accused of intent or gross negligence. The exclusion of liability as set out in the foregoing shall also apply for the benefit of the legal representatives and vicarious agents of the Provider to the extent that the User asserts claims against such persons.

(3) Claims arising from damage to life, body or health or due to breach of material contractual duties shall be exempted from the exclusion of liability as set out in the foregoing paragraphs. Material contractual duties shall be defined as duties, the fulfilment of which is indispensable for achieving the objective of the contract.

Sec. 7: Data Privacy

(1) The input of the access data for a mailbox.org account is necessary for making postings. Postings always include the User ID of their authors. No other personal data is collected in connection with the use of the Forum.

(2) You have the right to demand information at any time about the data which the Provider has stored about you. Subject to statutory conditions, you may also demand the correction, deletion or blocking of personal data. The body responsible for data privacy is the management of the Provider specified in Sec. 1 (1).

Sec. 8: Final Provisions

(1) Use of the Forum is governed by the law of the Federal Republic of Germany to the exclusion of German conflict of laws provisions of private international law. This choice of law shall not affect the application of mandatory consumer protection regulations of the state in which the User is normally resident.

(2) If the User is a merchant (Kaufmann), legal entity incorporated under public law or a special fund constituted under public law, the Parties agree that the venue of jurisdiction shall be the court district of the Local Court (Amtsgericht) of Berlin-Mitte.

(3) Should individual clauses of these Conditions prove to be invalid or ineffective, the remainder of the contractual conditions shall continue to be effective.
 

Last amended: 7 January 2016