Our General Terms and Conditions for mailbox.org
Section 1 – Provider, User
(1) The provider of the services offered under the domain mailbox.org (hereinafter “Service”) is Heinlein Support GmbH, Schwedter Str. 8-9b, D-10119 Berlin, Germany (hereinafter “Provider”).
(2) Any terms and conditions defined by the User shall be inapplicable. The Provider expressly refutes the inclusion thereof if inclusion is not individually covenanted in writing.
Section 2 – Scope of Services
(1) The Provider shall make an email address available to the User under the domain of the Provider, e.g., in the format firstname.lastname@example.org (hereinafter “Mailbox Address”). The User may select the user name upon contractual conclusion, provided the user name is available as per the name-specific guidelines of the Provider and has not already been assigned.
(2) Upon setting up the Mailbox Address, the Provider creates an identical user account which the User can use via SMTP, POP3, and IMAP or via the websites under mailbox.org in order to retrieve and send emails, to configure settings, and, if desired, to use further services, such as calendar administration, address book management, task management or file transfer functions.
(3) The hosting of domains or webspace is not a component of the services to be rendered.
Section 3 – Availability (“Uptime”) and Storage Capacity (“Quota”)
(1) The Provider shall make its services available for an average of 99.9% of the duration of any given calendar month.
(2) The Provider’s obligation of performance shall be limited, in the instance of data transmission, to communication between the Provider’s server and a suitable juncture with the Internet that is to be identified by the Provider. The Provider exerts no influence on the availability and reliability of the virtual data paths outside its own network. Therefore, there is no obligation to effect successful data transmission from the juncture to servers of third parties.
(3) The Provider is only obligated, within the parameters of the storage capacity (“quota”) individually agreed, to receive emails and to store data on behalf of the User. The quota depends upon the User’s selected tariff and can vary specific to the various services rendered by the Provider. In the user account, the User can obtain information on his/her current quota utilization.
(4) Emails sent to the User once the storage capacity has been exhausted are returned by the Provider’s mail server; the sender receives a message notifying that Party that the delivery attempt has failed (“over quota”).
(5) Once the storage capacity has been exhausted, the User cannot add any further details (e.g., addresses, calendar entries, tasks, notes, files).
Section 4 – Fees, Performance against Credit Balance
(1) The Provider shall render services against credit balance. Advance payments made by the User shall count towards fees for subsequently availed services.
(2) The User may increase his/her credit balance at any time by remitting payment to the Provider. Payments may be made via bank transfer, by sending postal cash payments, via PayPal, or by transferring Bitcoin credit. In the event that the contractual relationship with the customer has existed for at least 12 months, the User can also remit payment via the SEPA direct debit scheme.
(3) In the case of fees, the price list valid at the time of contractual conclusion shall be applicable, in addition to these terms and conditions of use.
(4) Fees recurring on a monthly basis shall be payable in advance on the first day of a billing month for that month. The first billing month shall commence upon contractual conclusion and shall run for one month in accordance with Section 188 Paragraph 2 of the German Civil Code (BGB); subsequent billing months shall be configured accordingly.
(5) The Provider shall notify the User via email if the credit balance drops below the amount required for two months’ utilization at the selected tariff.
(6) In the event that the User has a credit balance that, however, is insufficient for the settlement of fees for a complete billing month, the Provider shall render services pro rata temporis consistent with the value of the remaining credit balance. To this end, 1/30 of the monthly fees shall be deemed to constitute the basis for each calendar day, a partial day being calculated by being rounded off, in favor of the User, as one complete day.
(7) In the event that the credit balance is exhausted, the active User account shall be converted into a limited-function user account in accordance with Section 5. Furthermore, the Provider shall not be obligated to render services in advance.
(8) In the event that pro rata fees or reimbursements are payable owing to a change in tariff or on other grounds, these shall be calculated on a per-calendar-day basis by computing 1/30 of the amount applicable to a billing month.
(9) The User shall also be liable for fees arising from a third party’s utilization of the User’s user account (e.g., following negligent disclosure of that Party’s access data) unless the User can prove that s/he is not responsible for such utilization.
(10) All fees are deemed to include applicable sales tax prevailing in Germany.
Section 5 – Active and Limited-Function User Accounts
(1) As long as the User has a credit balance, all services specific to the selected tariff shall be fully available to the User (“active user account”).
(2) In the event that the credit balance is exhausted, the Provider shall notify the User via email, and the user account shall be limited in terms of its functionality to the TRIAL30 tariff (“limited user account”).
(3) For a period of 30 days following such notification in respect of conversion to a limited-function user account, the account may be reconverted to an active user account if a credit payment is remitted.
(4) In the event that a limited-function account is not converted to an active user account within a period of 30 days, the contractual relationship shall terminate upon lapse of the 30th day without notice of termination being required. The Provider shall delete the data specific to the User that are stored on its systems in accordance with Section 10, and shall release the email address for re-registration.
Section 6 – Contractual Conclusion, Account Creation
(1) The contract is concluded online exclusively via the website mailbox.org. Only the desired user name and a password, selected by the User, are to be entered when applying.
(2) In the event that the user account can be set up with the selected user name, the Provider shall confirm that the contract has been concluded by way of confirmation displayed on the screen as well as via an email that shall be sent directly to the newly created Mailbox Address. The User can read and download this email via his/her user account, which s/he can retrieve by entering his/her user name and password.
(3) Initially, the user account will be set up as a limited-function user account consistent with the 30-day TRIAL30 tariff. The User can switch to a different tariff once s/he has paid in a credit balance of at least one month’s fees consistent with the desired tariff. In the event that the User does not switch to a different tariff within 30 days of commencement of the contract, Section 5 Paragraph 4 shall apply.
Section 7 – Consumer’s Right of Cancellation
(1) Consumers are accorded the legal right of cancellation specific to the License Agreement concluded with the Provider. The details are set out in the cancellation policy.
(2) A consumer is any natural person who concludes a legal transaction for a purpose that can be attributed neither to their commercial nor their independent professional activity.
Section 8 – Misuse, Release from Damages
(1) The User is not permitted to misuse his/her user account and the Provider’s infrastructure for purposes that contravene the contract or the law. The Parties define misuse, in particular, as follows:
(a) the dispatch of emails with falsified or intentionally deceptive sender information for the purpose of preparing for or carrying out a criminal act
(b) the dispatch of inadmissible email marketing (“spam”) and any instance of the User making his/her Mailbox Address available as a response address for spam sent via a third party
(c) the storage or the dispatch of dial-up programs (“dialers”) if these are not approved by regulatory authorities
(d) the storage or the transmission of viruses or similar malicious software (“malware”), and of programs whose distribution is prohibited under Section 95a Paragraph 3 of the Copyright Act (UrhG) (software for the circumvention of copy protection)
(e) utilization for the purpose of computer sabotage or of the unauthorized access of other Internet hosts (Sections 303a, 303b of the German Criminal Code [StGB]), and comparable acts or preparations thereto that lend themselves to being utilized for the execution of an illegal act
(f) the storage or the dispatch of image, video, audio, text, or other files in contravention of copyrights, trademark rights, name rights, competition or personal rights, or of files that contain prohibited propaganda material or designators of unconstitutional organizations (Sections 86, 86a of the StGB)
(g) the storage or the dispatch of pornographic material as defined under Sections 184-184d of the StGB or of media listed in Section 24 Paragraph 1 of the Young Persons’ Protection Act (JuSchG) as being harmful to juveniles.
(3) The User shall be obligated to indemnify the Provider against all third-party claims raised against the Provider as a consequence of content that is distributed via the User’s Mailbox Address, especially owing to the alleged infringement of copyrights, trademark rights, name rights, competition rights, or personal rights. Entitlement to indemnification also encompasses any expenses incurred by the Provider in respect of appropriate fact finding and legal defense.
Section 9 – Contractual Term, Termination
(1) The License Agreement is concluded for an indefinite term; rules governing the automatic termination of contracts specific to user accounts without a credit balance shall remain unaffected.
(2) The User may terminate the contractual relationship ordinarily, duly observing a notice period of two weeks at the end of a billing month.
(3) The Provider may terminate the contractual relationship ordinarily, duly observing a notice period of one month at the end of a billing month.
(4) Either Party’s right to effect extraordinary termination for a serious reason shall remain unaffected. For the Provider, a serious reason may be misuse of service as defined in Section 8.
(5) Any termination shall be in writing; alternatively, the User may also use the online form in the user account for cancellation.
Section 10 – Deletion of User Data
(1) The Provider shall be entitled – and, vis-à-vis the User, obligated – to irretrievably delete all data within the user account following expiry of a retention period of 60 days following termination of the contractual relationship. These include, in particular, all emails, address book and calendar entries, tasks, notes, and files that are integral to the user account. The purpose of the 60-day retention period is to give the User an opportunity to recover his/her data in the instance that the s/he has mistakenly terminated the contract or allowed it to expire. The User’s right to request immediate deletion once the contract comes to an end shall remain unaffected.
(2) The User shall be obligated to secure any data that s/he would like to continue to use beyond the term of the contract in a timely manner prior to the contract coming to an end by downloading them onto a proprietary storage medium.
(3) However, data whose continued storage is mandated according to tax law, commercial law, or other statutory legislation shall be precluded from deletion.
Section 11 – Liability, Data protection
(1) The liability of the Provider in respect of material damage is limited to instances of intent and gross negligence. In other cases, the Provider shall be liable for material damage only in the instance of infringement of obligations, the fulfillment of which fundamentally enables the proper implementation of the contract, and compliance with which the User may routinely rely upon (cardinal obligations). In such an instance, the Provider shall be liable solely for typically occurring, foreseeable consequences. Section 44a of the German Telecommunications Act (TKG) shall be of primary applicability insofar as it relates to this norm’s area of application.
(2) On a voluntary and legally nonbinding basis, the Provider may set up a backup service that generates a snapshot of the user’s respective body of emails and/or other data at a certain time and saves it for a period of seven days. If there are snapshots, the user may independently restore an earlier body on the basis of a snapshot if the data is lost – e.g. in the event that the user deletes data by accident (“backup self-service”). The user, however, shall not have any contractual right to this complementary functionality. The user is also aware that the loss or damage of data can never be entirely ruled out even if the Provider exercises due diligence, with such applying both to original data and any snapshot backup copies.
(3) The User shall be obligated to regularly back up the data in his/her user account that s/he deems important and save them on a proprietary storage medium – and no less frequently than on a weekly basis. Data backup serves to reduce damage in the event of loss, which cannot be ruled out entirely, or of data damage at the Provider’s end. This can also occur when the Provider exercises the necessary caution mandated for the service in question. Such an obligation on the part of the User shall be independent of whether or not the Provider has also assumed the obligation of data backup.
(4) The liability of the Provider in respect of damage arising from injury to life, limb, or health, derived from the Product Liability Act or from undertaking a warranty, shall remain unaffected by the preceding paragraphs.
Section 12 – Specifics for PGP-Encrypted Emails
Insofar as the User encrypts his/her emails in the user account by means of PGP, s/he shall be obligated to observe particular caution in respect of keeping his/her PGP key safe. In the event that the PGP key is lost, emails can no longer be decrypted. The Provider does not have a duplicate key, nor does it have recourse to any other means of recovering email plain text.
Section 13 – Amendments to the General Terms and Conditions
(1) The Provider may amend these General Terms and Conditions insofar as there is a legitimate interest in so doing. A legitimate interest may exist, in particular, if a third party changes or develops technical norms, necessitating an adjustment of services on the part of the Provider. The Provider shall notify the User of the intended amendment no later than six weeks before the time of amendment. If the User does not challenge this in writing within one month, his/her agreement shall be deemed to have been given. In the notification, the User is specifically made aware of the right to object and the option of cancellation.
(2) The Provider may, duly observing the procedure defined in Paragraph 1, also raise agreed gross fees insofar as taxes incorporated therein or any regulatory fees are increased following contractual conclusion or if such fees are introduced for the first time. For its part, the Provider shall be obligated to lower gross fees if there is a decrease in or waiver of taxes incorporated therein or of any fees.
Section 14 – Severability Clause
In the event that one of the provisions within these General Terms and Conditions should prove to be ineffective or impracticable, this shall not affect the validity of the remaining provisions. The same shall apply to any unintended omission or gap in provisions.
Section 15 – Applicable Law
The laws of the Federal Republic of Germany, to the exclusion of provisions governing international private law, shall apply to the contractual relationship between Provider and User. However, German law shall not be applicable to consumers permanently resident abroad insofar as national legislation to which the consumer is subject contains provisions that do not permit deviation by means of contractual arrangements at the expense of the consumer.
Last update: June 29, 2018