General terms and conditions of use of eclipso Mail & Cloud (hereafter referred to as 'eclipso').
Operator of the following service: eclipso Mail & Cloud, (eclipso.net). Owner: Claus-Peter Beringer, Grubstr. 9b, 95445 Bayreuth, Germany
1.1 The following provisions concern the contractual relationship between eclipso as the operator of 'eclipso Mail & Cloud' (hereafter referred to as 'eclipso') and the users of the services offered on the eclipso website (hereafter referred to as 'users'). They apply to all services provided by eclipso. These terms and conditions apply to all business relationships that might arise. Any other terms and conditions assumed or argued by the user will not be deemed valid.
1.2 eclipso has the right to alter or terminate these terms and conditions as well as the offer of services or their functionality without notice period. Any notice provided will only be disseminated through the internet on pages operated by eclipso.
If the user does not contest the altered or terminated conditions within four weeks after their notice through the internet, then the altered or terminated conditions will go into effect. If the user does contest them within the deadline, then it is eclipso's right to terminate the agreement with the user as per the same time as when the altered or terminated conditions were to go in effect. Any change in the terms and conditions from the side of the user, even if eclipso has been notified, will not be considered valid unless eclipso has expressly and in writing made clear its acceptance of these changes.
2.1 Subscribing to eclipso and using services through eclipso activates a general agreement between eclipso and the user. eclipso makes this general agreement available in point 3 of these terms and conditions. It is eclipso's right to refuse to enter a contractual relationship with any user without having a state a reason.
2.2 The user guarantees that the data about themselves that he or she has provided within the framework of the service agreement or service termination are complete and truthful. The user is obligated to forthwith advise eclipso if and when there is any change in the data provided. Should eclipso request it, the user is obligated to confirm the data provided. In case of violation eclipso can by right terminate its services immediately. When the user subscribes they are obligated to provide a valid address. Should this address prove to be incorrect or insufficiently detailed, then eclipso reserves the right to bar access to or even terminate the account of the user without further explanation.
2.3 By subscribing to eclipso the user agrees without reservation to be targeted by advertising through email, newsletters via email and possibly SMS. This targeting by advertising can be canceled by purchasing a premium package.
3 Services, Rules of Use, Content, Email Service and Data Traffic
3.1 One account is offered per every user (i.e. per valid postal address). Additional email addresses (aliases) can be created depending on the package subscribed to by the user. The maximum number of aliases allowed will be announced by eclipso.
3.1.1 If a user does not log in after registering, then the created account will be deleted again after 48 hours.
3.2 The user is not allowed to violate laws or the morals and rights of third parties with the look, purpose or content of their eclipso webpages (eclipso Drive, photo album, blog, eclipso PIN, fax, post, forum posts or homepage). Specifically, the user is prohibited from publishing on their eclipso webpages content that is pornographic, violent or discriminative. They are also prohibited from calling for illegal activities or provide instructions for this. It is furthermore prohibited to offer or let be offered on their webpages services of a pornographic or erotic nature, such as nude images, peepshows, etcetera. The same applies to the sending of emails or SMS.
3.3 The user is prohibited from sending data through or storing data on eclipso that by their nature and construction (for instance viruses) or form and quantity (i.e. spam) are capable of endangering the data storage or operation of eclipso's operational network.
3.4 For each case of culpable breach of these obligations, taking into account the legal institute of continuing relationship, the user promises to pay a contractual penalty of EUR 5,000.00 (in words: five thousand Euros). This does not exclude further damage claims by eclipso.
3.5 Should eclipso gain knowledge that certain data traffic from a user account (email, SMS, PIN, Drive, photo album, post or fax) through form, content or goal violates any laws, third parties' rights or morality, then it is eclipso's right to remove such data traffic or bar access to it.
3.6 Eclipso is not responsible for forwarding e-mails, text messages or other messages to the recipient, nor for the correct reproduction of the user's internet pages for internet traffic, unless Eclipso can be blamed for intent or gross negligence.
3.7 If it is the case that the volume of data traffic or volume of data storage supersedes the monthly allowed maximum limit, then eclipso may reduce the volume of data transferred, block access to the webpages or account and/or require compensation for the amount of volume over the limit (eclipso Drive, photo album).
3.7.1 Increase of Storage Capacity Email/eclipso Drive - Freemail Package
Upon subscribing, the user is granted 5 GB (Gigabyte) data storage space for their email and 5 GB for eclipso Drive. Should this limit be reached, then the user can request additional data storage space through our ticket system. The storage increase is done in increments of 5 GB, meaning 2.5 GB for email and 2.5 GB for eclipso Drive. The user will generally be granted the additional storage space within 48 hours of their request. Changing the allocation in favour of one particular service (email or eclipso Drive) is not possible.
3.7.2 Increase of Storage Capacity Email/eclipso Drive - Connect Package
Upon subscribing, the user is granted 10 GB (Gigabyte) data storage space for their email and 10 GB for eclipso Drive. Should this limit be reached, then the user can request additional data storage space through our ticket system. The storage increase is done in increments of 5 GB, meaning 2.5 GB for email and 2.5 GB for eclipso Drive. The user will generally be granted the additional storage space within 48 hours of their request. Changing the allocation in favour of one particular service (email or eclipso Drive) is not possible.
3.7.3 Increase of Storage Capacity Email/eclipso Drive - Premium Package
Upon subscribing, the user is granted 20 GB (Gigabyte) data storage space for their email and 20 GB for eclipso Drive. Should this limit be reached, then the user can request additional data storage space through our ticket system. The storage increase is done in increments of 10 GB, meaning 5 GB for email and 5 GB for eclipso Drive. The user will generally be granted the additional storage space within 48 hours of their request. Changing the allocation in favour of one particular service (email or eclipso Drive) is not possible.
3.7.4 Definition "Unlimited disk space"
The space is expanded when the user requests per point. 3.7.1, 3.7.2 and 3.7.3. When allocating space technical limits should be respected, in particular the physical limits of available in our system at the time of the request storage technology. Available disk space is distributed among all requesting users equally. A general right to a free memory upgrade does not exist and may at any time be rejected by eclipso. The memory upgrade is possible one times (1x) per account per quarter (quarterly).
The user does not have the right to continuous and uninterrupted availability of service.
3.9 Free SMS / SMS
3.9.1 The term SMS used in these terms and conditions includes all mobile data sent through the portal eclipso, including logos, ringtones, picture messages and other services offered either in the present or the future. eclipso reserves the right to enhance their services, to change them and implement improvements or in certain cases to cease providing them. The user expressly accepts any superimposed advertising as well as any possible automatic redirection to the website of current advertising partners.
3.9.2 It is possible for the user to send SMS messages free of charge within the amount provided by their subscribed package. The user is not entitled to continuous availability of this service. It may occur that because of technical issues, even though the user has not yet sent the maximum amount of allowed free SMS messages, they are not able to send out a message at a specific time. Any amount of unused free SMS messages left at the end of a month will be erased and not carried over to the next month. In the course of their membership, the user does not have any claim on the amount of free SMS messages stipulated when they signed up. For this service a registration is necessary. With this registration the user signifies that they accept that SMS messages will be appended with the advertising text 'by eclipso' or similar.
3.10 Paid Services
3.10.1 Premium Accounts / Premium Packages
eclipso Premium signifies a paid upgrade to our free services. Premium accounts cost money and any sum to be paid should be paid in advance of the requested period of subscription. eclipso does not use automatically extended subscriptions. The payment must be done manually and only through active confirmation of the order. Once the requested period of subscription has ended any renewal must be initiated by the user themselves.
3.10.2 Additional Services
To obtain certain services or additional functionality (for instance fax, post or sms with number recognition) a user will have to pay into a user account with so-called 'credits'. Any charges for using additional services provided by eclipso will be drawn from the balance on this account. The user can only make use of the products and services when the balance on their account is sufficient. When these services are being used, charges and payment methods stipulated by eclipso apply. These can be looked up at any time on eclipso's website. Should any of the fees or payment conditions change, eclipso will inform the user in a timely manner using a newsletter (sent through email). This timely notice cannot be guaranteed if any third parties increase their prices.
4 Obligations on the Side of the User
4.1 The services and products offered by eclipso are only meant for private use. Information, emails or SMS messages are not meant to be passed on to third parties. Commercial use of the services and products provided by eclipso is only allowed when the user has received written confirmation of this fact.
4.2 The user is the only party responsible for the content of sent messages, be they email or SMS. The user is obliged to indemnify eclipso regarding the demands of third parties, made against eclipso resulting from the use of eclipso products. eclipso is not obliged to check SMS messages for infringements upon the rights of any third parties. There is no obligation to safeguard the contents. However, eclipso does reserve the right to act upon any content it deems illegal, discriminatory, sexist, morally reprehensible or in any other way questionable. Eclipso may delete these or prevent their dissemination when it becomes aware of them and may decide to alert relevant authorities. The use of SMS messages is bound by the regional, national and international laws that apply to locations where they are sent from and sent to.
4.3 The user agrees to:
Not use the services of eclipso to store, collect, disseminate, send or make available for download to third parties any content, photos, data, articles or messages that:
- run contrary to the criminal code
- violate the laws of the Federal Republic of Germany
- feature themes or content of a sexual, racist, extremist or discriminatory nature
- violate any copyright laws.
Should eclipso gain knowledge of such content, then it is entitled to close the user's account and deny them access.
4.4 The user also undertakes to respect the privacy of others and therefore never to send unsolicited, harassing, slanderous or threatening content in any way. If the user violates this agreement, then eclipso is entitled to exclude the user from the use of eclipso without notice and to permanently deny the user access to their account.
4.5 The user agrees to keep passwords for services received by eclipso strictly confidential and to immediately inform eclipso should they have reason to believe that any passwords have become known to unauthorized third parties. If, through the fault of the user, any third parties are able to use the user's passwords to avail of any services provided by eclipso, then the user shall be liable for fees and damages charged by eclipso.
4.6 To use the SMS service it is necessary to send a PIN to the phone number of the user. By requesting a PIN the user declares that mobile phone number supplied is theirs and is registered in their name at the phone company. Should a user register a phone number that is not registered to their name, then they will be prosecuted and their account disabled as soon as the fact becomes known.
4.7 The user is obliged to inform themselves prior to subscribing as to whether the desired service from eclipso is compatible with their mobile phone, desktop, computer, etc. eclipso is not liable for any damages arising from the user sending services to incompatible equipment.
4.8 To be able to use eclipso PIN, it is necessary that the user creates a so-called nickname. The nickname must not have any racist background, nor indicate discrimination of any third parties. It may also not infringe upon any trademark rights or contain or imply sexual or erotic words.
4.9 eclipso PIN profile. The user can create their own short profile for the use of eclipso PIN. The user can choose to display their real name (first and last) voluntarily. By using a real name the user declares that the name given does not infringe the rights of any third parties, is not a fake name or a name not actually belonging the user.
5 Copyright and Trademark Rights, Rights of eclipso
5.1 All content on eclipso, especially ringtones and logos, are subject to intellectual property rights, particularly trademark, name- and copyrights. All goods and services of eclipso are intended only for personal use by the user. The user is in particular not entitled outside of statutory exceptions to duplicate services to send to third parties either for compensation or free of charge. Unauthorized use of services of any kind may result in claims for injunctive relief and damages by eclipso.
5.2 The user may use the content on this website only in the context of its functionality and for their personal use. They shall not claim any rights to content or software. Reproduction or modification of eclipso's websites, in whole or in part, is expressly prohibited without the written consent of eclipso. This prohibition expressly includes reproduction for commercial purposes, inclusion in electronic databases or online services and any reproduction on electronic media (such as CD-ROM, DVD-ROM, etc.).
5.3 With the exception of submitted user content, any rights and entitlements to and interest in eclipso services are and will remain the sole property of eclipso. eclipso is protected by copyright and by applicable German law through the registered trademark 'eclipso Email - Office - SMS'. The user does not have the right to use either the name 'eclipso', the brand, any logos or domain names nor any other distinctive brand of eclipso.
5.4 Comments, feedback or suggestions submitted by the user regarding eclipso or services offered by eclipso are entirely voluntary. eclipso is free to use comments, feedback or suggestions as we see fit, without this leading to any obligations from us towards the user.
5.5 eclipso respects the intellectual property rights of others and expects users to do the same. Any evidence of copyright infringement as stated in applicable laws which originates from eclipso will be investigated by eclipso. Any content (text, image or video) that is published on eclipso remains the property of the user, provided that this does not violate third-party rights. eclipso will use user content and/or user data for advertising purposes or other publications on eclipso only when these have been made publicly available by the user (for instance in the user's public PIN profile).
6 Liability and Warranty
6.1 Any services that eclipso provides free of charge can be altered at any time and without notice. This does not defer any rights for reductions, refunds or claims for damages.
6.2 eclipso assumes no liability as a result of force majeure or unforeseeable and unavoidable events not under the control of eclipso. Such events may include war, network and server failures, prolonged power failures, extreme weather conditions, strikes or other conflicts between workers and employers, disruptions to internet data transferals, failed transmissions, sabotage, or other events outside of eclipso's control.
6.3 eclipso is not responsible for sending SMS messages to mobile phones or receiving SMS messages through mobile devices. These are the sole responsibility of individual operators. eclipso is not liable for damages resulting from delayed or omitted delivery of SMS messages. This is especially true in the case of incorrect delivery of SMS messages.
6.4 eclipso reserves the right to restrict access to its internet services in cases of maintenance, server or software updates.
6.5 eclipso is not liable for non-receipt of e-mails. eclipso is not liable for the loss of any data, photos, videos, texts, or files stored on eclipso servers by the user. The user should at regular intervals themselves provide a backup of any data stored on eclipso servers.
6.6 eclipso does not have influence on internet traffic and is therefore not responsible for the sending of emails.
7 Duration and Termination
7.1 The contract is valid for an indefinite period and may at any time and without notice be terminated by either party. On the part of the user, the termination of the membership constitutes the notice of termination. eclipso provides an option for this in the user's account. Any balance on the user's account will be forfeited upon eclipso's receipt of the notice. In the event of a termination by eclipso any credit will be refunded upon request of the user, provided it exceeds EUR 10.00 and is solely caused by deposits.
7.2 The right to extraordinary termination remains unaffected. One particular reason for extraordinary termination exists if the customer provided false information when they registered or violated any laws while using the service. In the case of extraordinary termination by either the user or eclipso any existing balance on the account is forfeited.
7.3 If a user account is not used for a period of 365 days, it will automatically be blocked. After a total of 550 days after the last login, the user account and all data on it will be deleted. Any at this time still existing credit will expire.
7.4 Deletion of Personal Data - Ended Memberships
Any data from accounts marked as deleted will be itself be deleted no earlier than 180 days after the termination of membership. The user has the right to request the deletion of their data earlier than the specified deadlines. The request for earlier deletion of data from eclipso's system must be made in writing (by physical mail or fax).
8.1 eclipso will comply with any legal provisions concerning data protection and the legal provisions concerning secrecy in the handling of a user's personal data. The legal provisions are regulated by law, for instance in the so-called 'data retention directive'.
8.2 eclipso is entitled to use the personal data of customers in advertising contracts with its sponsors and to use it for the creation of individual target group categories, as long as no data is transferred to third parties.
9 Instructions on withdrawal
- Right of withdrawal -
You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the date of registration. In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter, fax or e-mail sent by post). You can use the following sample revocation form, which is not mandatory.
- Exclusion or premature expiration of the right of withdrawal -
The right of withdrawal does not apply to contracts for the supply of digital content which are not prefabricated and for the production of which an individual selection or provision by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. The right of revocation shall expire prematurely if we have only begun to execute the contract after you have given your express consent and at the same time confirmed your knowledge that you will lose your right of revocation with the commencement of performance of the contract on our part. We would like to point out that we can make the conclusion of the contract dependent on the aforementioned consent and confirmation.
- Beginning of the revocation -
Pattern withdrawal form(If you wish to cancel the contract, please fill in the form below and return it. Please enter your data legibly in block letters, so that we can process it quickly.)
To exercise the right of withdrawal, you must inform us
Owner: Claus-Peter Beringer
for us. Email: withdrawal [at] eclipso.net
Fax: +49 (0)921 / 99 007 109
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. You can also electronically fill in and submit the model withdrawal form or any other unequivocal statement on our website www.eclipso.eu. If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay.
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 Cancellation -
In case of cancellation, any received benefits by either side are to be returned and any accumulated benefits (e.g. interest or goods) surrendered. If the user cannot return any product received either in whole or in part, or can return it only in deteriorated condition, then they have to compensate eclipso for the difference in value. However, the user can avoid any obligation to pay compensation for deterioration through use by not using the goods as their property or by not doing anything that would deteriorate their value. Transportable items can be returned at our cost and risk. Items that cannot be transported will be picked up from the user by a company commissioned by us. Obligations to reimburse payments must be fulfilled within 30 days. For the user, this period begins when they send their cancellation or the goods to be returned; for us it begins upon receiving these. It is important that the user specify their registration information, as well as include their address and a handwritten signature of theirs.
- Effects of withdrawal -
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting 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 14 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 you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
- Note to the Right of Withdrawal -
The right of withdrawal expires prematurely if the contract is completely fulfilled by both parties at the express request of the user before he or she has exercised their right of withdrawal.
- Begin of withdrawal -
Model withdrawal form(complete and return this form only if you wish to withdraw from the contract).
Inh. Claus-Peter Beringer
E-Mail: withdrawal [at] eclipso.net
Fax: +49 (0)921 / 99 007 109
|I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*):|
|Ordered on (*)/received on (*):|
|Name of consumer(s):|
|Address of consumer(s):|
|eclipso E-Mail-Address (or Customer-ID) of consumer(s):|
|Signature of consumer(s) (only if this form is notified on paper):||City, Date:|
- End of withdrawal-
10 Final Provisions
10.1 If the user is a trader, the exclusive place of jurisdiction for all disputes arising from this contract is 95445 Bayreuth.
10.2 Any contracts entered into by eclipso on the basis of these general terms and conditions and any claims of any kind resulting from them are governed exclusively by the laws of the Federal Republic of Germany where not covered by the provisions of the general UN laws on the sale of goods or by German international privacy laws.
10.3 If any provisions of these terms and conditions and/or a contract are or become invalid, then this shall not affect the validity of the remaining provisions.
10.4 Our general terms and conditions document written in German will always take precedence over those written in other languages. Likewise, should there be any conflict, eclipso will always adhere to the laws and regulations of the Federal Republic of Germany over the laws and regulations of other countries.
© eclipso E-Mail - SMS - Office, 2020, All rights reserved