eclipso Mail Europe is a service provided by eclipso.net - Claus-Peter Beringer, Grubstraße 9b, 95445 Bayreuth, Germany, hereinafter referred to as eclipso or eclipso Mail Europe.
§ 1 Scope
1.1 The following terms and conditions govern the contractual relationship between eclipso.net as the operator of "eclipso Mail Europe" and the users (hereinafter referred to as users) of the services offered on the eclipso Mail Europe website. These terms and conditions apply to all services and content offered by eclipso Mail Europe, especially on the websites of eclipso Mail Europe. Services explicitly marked as "third-party services," which are not offered by eclipso Mail Europe but by third parties, are expressly excluded. For these services, the General Terms and Conditions set by third parties exclusively apply. Business relationships are exclusively established based on these General Terms and Conditions. Any contrary terms and conditions are hereby expressly rejected.
1.2 eclipso Mail Europe is entitled to amend or supplement these General Terms and Conditions, the offer, as well as functionalities without notice. The announcement will be made exclusively by publication on the internet on the pages of eclipso Mail Europe.
If the user does not object to the amended or supplemented conditions within 4 weeks after their publication on the internet, the amended or supplementary conditions become effective. If the user objects in due time, eclipso Mail Europe is entitled to terminate the contract at the point in time the amended or supplementary General Terms and Conditions are supposed to take effect. Deviating, conflicting or supplementary General Terms and Conditions, even if known, will not become part of the contract, unless eclipso Mail Europe has expressly agreed to their validity in writing.
§ 2 Contract Offer, Conclusion of Contract
2.1 By registering with eclipso Mail Europe and by providing the requested services by eclipso Mail Europe, a framework contract is established between eclipso Mail Europe and the user. eclipso Mail Europe provides the services described in section 3 of these General Terms and Conditions. eclipso Mail Europe may refuse to enter into a contractual relationship with a customer without giving reasons.
2.2 The user acts independently and releases eclipso Mail Europe from any liability towards third parties due to abusive or general use of eclipso Mail Europe.
2.3 By registering the user on eclipso Mail Europe and by using the eclipso Freemail tariff, the user agrees to receive advertising in the customer account, banner ads, promotions, emails, and possibly short messages (SMS) as well as newsletters (also via email) without restrictions. By purchasing a paid value-added tariff (eclipso Connect, eclipso Premium, and eclipso Business), the display and receipt of advertising in the customer account can be canceled.
§ 3 Services, Usage Rules, Contents, Email Service, and Data Traffic
3.1 eclipso Mail Europe provides the user with email addresses under a domain of eclipso Mail Europe in the format "name@eclipso.(TLD)". An email address can be chosen during the registration process, as long as it is available according to the guidelines of eclipso Mail Europe and/or is not already taken. Additional email addresses (aliases) can be set up in the customer menu depending on the package. The maximum number of allowable alias addresses per account depends on the selected tariff and will be announced on the pages of eclipso Mail Europe.
3.1.1 If no login occurs after registration, the account including all data will be deleted after a maximum of 48 hours.
3.1.2 The user is expressly prohibited from using deliberately false, forged, or deceptive information for the purpose of preparing or committing a crime on eclipso Mail Europe.
3.2 The user must not violate legal prohibitions, good morals, and third-party rights (name, copyright, data protection rights, etc.) with the form, content, or intended purpose of using the services provided by eclipso. In particular, the user commits not to display pornographic, glorifying violence or inciting racial hatred content, not to call for criminal acts or provide instructions for them, and not to offer or allow services to be offered that have pornographic and/or erotic content (e.g., nude images, peep shows, etc.) or illegal content as their subject.
3.2.1 The user is not allowed to create a free account solely for the purpose of registering with third-party services that require a (one-time) contact or validation email address. This includes services such as classified ads, surveys, gaming platforms, sweepstakes, dating, or financial service portals.
3.3 The user may not send data or store data on a data carrier of eclipso Mail Europe that, due to its nature or characteristics (e.g., viruses), size, or replication (e.g., spamming), is capable of endangering the existence or operation of the data center or data network of eclipso Mail Europe.
3.4 If eclipso Mail Europe becomes aware (e.g., through third parties) that any data traffic originating from a user's email account violates legal provisions, good morals, or third-party rights, eclipso Mail Europe is entitled to delete the relevant content immediately and without prior notice, block the user's access, and terminate the user agreement without notice. The same applies if the user significantly violates his obligations from section 3.2 and 3.3.
3.5 eclipso Mail Europe reserves the right to change, limit or discontinue the offer at any time. The user has no claim to the maintenance of individual functionalities or services.
§ 4 Liability
4.1 eclipso Mail Europe is liable for intent and gross negligence. For slight negligence, eclipso Mail Europe is only liable in the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the contractual partner may regularly rely (cardinal obligations). In the event of a slightly negligent breach of cardinal obligations, eclipso Mail Europe's liability is limited to the foreseeable, contract-typical, direct average damage.
4.2 The above limitations of liability do not apply in the case of injury to life, limb, or health, for a defect after assuming a guarantee for the quality of a product, and in the case of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
4.3 Insofar as eclipso Mail Europe's liability is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.
§ 5 Termination of Contract
5.1 The user can terminate the contractual relationship with eclipso Mail Europe at any time without notice by deleting his user account in the customer menu. Upon deletion, all data stored in the user account will be irrevocably deleted.
5.2 eclipso Mail Europe can terminate the contractual relationship with the user with a notice period of 4 weeks to the end of the month. The right to extraordinary termination for an important reason remains unaffected. An important reason exists in particular if the user has significantly violated his obligations from section 3.2 and 3.3.
§ 6 Final Provisions
6.1 If individual provisions of these General Terms and Conditions are or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come as close as possible to the economic objective that the contractual partners pursued with the invalid or unenforceable provision. The above provisions apply accordingly in the event that the contract proves to be incomplete.
6.2 The contractual relationship between eclipso Mail Europe and the user is subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. If the user is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between eclipso Mail Europe and the user is the registered office of eclipso Mail Europe.
6.3 eclipso Mail Europe does not guarantee the sending of SMS to mobile devices and the receipt of SMS by mobile devices, as this is the sole responsibility of the individual network operators. eclipso Mail Europe is not liable for damages resulting from delayed or failed delivery of SMS. This applies in particular to the incorrect sending of SMS messages.
6.4 For maintenance work, server, and software updates, eclipso Mail Europe reserves the right to restrict access to the Internet offer.
6.5 eclipso Mail Europe is not liable for unreceived emails and messages.
6.6 eclipso Mail Europe has no influence on external data traffic and is therefore not liable for the sending, loss, or delivery of emails, messages of any kind, SMS, faxes, postcards, and letters.
6.7 eclipso Mail Europe assumes no liability for data loss or partial data loss of private or business accounts. eclipso Mail Europe is not liable for the loss of any emails, data, photos, videos, texts, files stored by the user on the servers of eclipso Mail Europe. It is the user's responsibility to regularly back up their information stored on the servers of eclipso Mail Europe and to save it on their own and suitable storage media - regardless of whether eclipso Mail Europe itself performs data backup.
§ 7 Contract duration and termination
7.1 The contractual relationship is concluded for an indefinite period and can be terminated by either party at any time without notice. Termination is done by ending the membership in the customer menu or via the cancellation form, by the user themselves.
7.2 The right to extraordinary termination remains unaffected. A reason for extraordinary termination exists in particular if the customer violates these general terms and conditions or legal regulations through the use of the service.
7.3 If a user account is not used for a period of 365 days, the user account will be automatically blocked. After a period of a total of no more than 395 days after the last login, the user account will be dissolved, and all data related to this user account will be deleted. Any remaining credit at this time will expire.
7.4 To terminate a contract and end membership
The termination of a contract and the associated termination of membership can be made by the user at any time via the customer menu, the contact form, or the "Terminate contract" page. All data stored to the user account including all personal data will be irrevocably and irretrievably deleted after a blocking period when ending the membership. If there is a violation of these GTC or another valid reason, eclipso Mail Europe can also terminate the usage relationship at any time and end the membership. This usually occurs by blocking the customer account or by email. In the event of an early, extraordinary termination by the user, as well as by eclipso Mail Europe, any existing credit balance and the remaining term on the user account will expire. In the case of ordinary termination, a credit balance, if it exceeds EUR 10.00 and has arisen solely from deposits into the customer's credit account, will be refunded to the user upon request.
7.5 Resetting password / Changing personal data
In the event that the user has lost their personal access data, the free use of the "Forgot password?" function is provided. Here, new access data will be sent to the user by email to their alternative email address or mobile number stored in the account.
Alternatively, the user can request access data as follows:
Please send us a valid copy of your ID (identity card or passport) and your registration data (username, address, first and last name, possibly mobile number) to our postal address.
We charge a fee of 5.00 EUR for processing. Please transfer the fee in advance to the account: IBAN DE76760501010005281480 BIC: SSKNDE77XXX Recipient: eclipso.net Sparkasse Nürnberg.
Please use your email address or customer number as the payment reference.
After receiving the processing fee and the letter, we will send you your access data by mail. This also applies to any changes to user data we make on your behalf.
If a change in user data is necessary, e.g., due to a change of residence, these can be edited and adjusted by the user themselves in the customer area.
§ 8 Data protection
8.1 eclipso Mail Europe will observe the legal provisions on data protection and the legal provisions on telecommunications secrecy when handling the user's personal data.
8.2 eclipso Mail Europe is entitled to process the voluntarily provided data of the user within the framework of its advertising contracts with sponsors and to use it for internal categorization of individual target groups. User data is not passed on to sponsors or third parties.
Our privacy policy can be found at https://www.eclipso.eu/privacy/.
§ 9 Right of Withdrawal
-- Right of withdrawal --
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of registration. To exercise your right of withdrawal, you must inform us by means of a clear declaration (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but it is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal -
If you withdraw from this contract, we shall reimburse to you all payments we have received from you, including delivery costs (with the exception of the additional costs arising from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless expressly agreed otherwise with you; in any event, you will not incur any fees as a result of such reimbursement.
If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with respect to this contract, compared to the full coverage of the contract.
-- End of the withdrawal instruction --
Model withdrawal form
(If you want to withdraw from the contract, please fill out this form and send it back.)
To eclipso Mail Europe, Grubstraße 9b, 95445 Bayreuth, Germany, withdrawal@eclipso.net:
I/we () hereby revoke the contract concluded by me/us () for the provision of the following service (*)
Ordered on ()/received on ()
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only if notified on paper)
Date
(*) Delete as applicable.
§ 10 Final Provisions
10.1 The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention.
10.2 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is our registered office.
10.3 Should individual provisions of this contract be or become invalid or contain a loophole, the remaining provisions shall remain unaffected. The parties undertake to replace the invalid provision with a legally permissible provision that comes closest to the economic purpose of the invalid provision or fills this loophole.
10.4 Amendments or supplements to these terms and conditions must be made in writing. This also applies to the waiver of this formal requirement.
10.5 The European Commission provides a platform for online dispute resolution (OS), which you can find here [https://ec.europa.eu/consumers/odr/]. We are not obligated or willing to participate in dispute resolution proceedings before a consumer arbitration board.
Status: February 2024
