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Imprint, General Conditions of Contract, Privacy Policy and Trademarks

Imprint

MailStore Software GmbH
Clörather Str. 1-3
D-41748 Viersen

Board of Directors: Tim Berger, Stefan Schultze, Philip Weber

Amtsgericht Mönchengladbach
Registernummer: HRB 11557

USt-ID-Nr. DE 247348845
Steuernr. 102 / 5808 / 0713

1. Content of the Online Offer

The author does not in any way guarantee that the information provided is up-to-date, correct, complete, or of any particular quality. Liability claims against the author referring to material or principle damages caused by utilization or non-utilization of the information provided or by utilization of erroneous or incomplete information respectively, are categorically precluded, provided that there is no proof of intentional or grossly negligent fault on the part of the author. All offers are exemptible and non-binding. The author explicitly reserves the right to edit, add to, or delete parts of the pages or the entire offer without special announcement, or to temporarily discontinue or terminate the publication.

2. References and Links

In case of direct or indirect references to external websites ("hyperlinks"), which are beyond the field of responsibility of the author, liability would only come into effect if the author possesses knowledge of the contents and is technically able and can be reasonably expected to prevent their use in case of illegal content. Hereby, the author explicitly declares that at the time the links were created, no illegal content could be detected on the linked pages. The author has no control over the current or future configuration, content or authorship of the linked/concatenated pages. Therefore, the author hereby explicitly detaches himself from all content of all linked/concatenated pages which were altered after the links were created. This statement applies to all links and references within our own internet offer, as well as to external entries in guest books, discussion forums, link directories, mailing lists and all other forms of databases to which external write-access is possible that were set up by the author.

The operator of the site referred to by hyperlink - not the one making the referral to the respective publication - is solely liable for any illegal, erroneous, or incomplete content and especially for any damages caused by utilization or non-utilization of such offered information.

3. Copyright and Trademark Laws

The author seeks to follow the copyright law regarding all pictures, graphics, audio files, video sequences and texts, to use pictures, graphics, audio files, video sequences and texts that he himself created, or to draw on licensed graphics, audio files, video sequences and texts. All trademarks and brand names presented within the internet offer and, if applicable, protected by third parties are subject to the regulations of the respective valid laws on trademarks and related signs as well as the property rights of the respective registered owner without restraint. Simply by appearing on any page, it cannot be concluded that trademarks are not protected by the rights of third parties! The copyright of published objects that were created by the author himself remains solely with the author of the pages. Reproduction or use of such graphics, audio files, video sequences and texts in other electronic or printed publications without explicit consent of the author is prohibited.

4. Legal Effect of this Disclaimer of Liability

This disclaimer of liability is to be regarded as part of the internet offer which refers to this page. If parts or single wordings of this text are partially or completely invalidated, the content and validity of the remaining parts of this document will remain unaffected.

5. Graphics and Photos Used

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General Conditions of Contract for the Supply and Maintenance of the MailStore Product Range

1. Scope, General

(1) These General Conditions of Contract (“GCC“) are applicable to all contracts between MailStore Software GmbH (“MailStore“) and customer firms (“Customer/s“), in so far as the subject of these contracts is the supply and maintenance of standard software including user documentation and other accompanying material from the Mailstore product range (in the following also referred to as “Software“) for payment. In addition, the GCC apply to the temporary supply of test versions of the Software as appropriate.

(2) Where new program versions of the Software (e.g. patches, bug fixes, Updates and upgrades etc.) are available and supplied to the Customer by way of subsequent performance or software maintenance, these GCC shall also apply, unless otherwise agreed for that specific case.

(3) The GCC apply exclusively. Divergent, contrary or supplementary general terms and conditions of the Customer only form part of the contract if and to the extent that MailStore has expressly agreed they shall apply. This consent requirement applies at all times, for example even if MailStore begins performance of the contract without reservation despite being aware of the Customer’s general terms and conditions.

(4) Individual agreements formed with the Customer in specific cases (including collateral agreements, supplementary agreements and amendments) will always take precedence over these GCC. The content of such agreements is to be determined by reference to a written contract or MailStore’s written confirmation.

(5) Material statements and notices which the Customer is required to give to MailStore subsequent to formation of the contract (e.g. setting deadlines, defect notices, cancellation, reduction of payment) must be in writing to be valid.

(6) References to the applicability of statutory law are for purposes of clarification only. Statutory provisions still apply in the absence of such clarification, unless directly amended or expressly excluded by these GCC.

2. Contract Formation

(1) Offers by MailStore are subject to change without notice and are non-binding. This also applies where MailStore has provided the Customer with service or product specifications, user documentation (User Manual, Quick Start Guide etc.) or other documents concerning the Software – including in electronic form.

(2) An order placed by the Customer has the effect of a binding offer, regardless of the form in which it is transmitted to MailStore. Unless otherwise clear from the order, MailStore is entitled to accept an offer within 14 calendar days.

(3) Acceptance by MailStore may be in writing (e.g. by order confirmation) or by supply of the Software or the product key necessary for use of the Software.

3. Supply of Software, Delayed Delivery

(1) The Software is delivered via remote data transfer (“Download“). The product key required for use of the Software will be supplied to the Customer via email. User documentation (User Manual, Quick Start Guide, etc.) will be available for Download from the MailStore website. Supply of the Software is complete at the latest upon delivery of the product key. Provision of the Software or product key on data storage media or the supply of user documentation in paper form will only occur where specifically agreed with the Customer in writing.

(2) During transfer of Software and user documentation via Download the Customer assumes the risk as soon as the purchased copy of the Software/user documentation leaves MailStore’s sphere of influence, i.e. as soon as it has completely left the server controlled by MailStore. MailStore is obliged only to ensure the due availability of Software/user documentation for downloading. For other deliveries EXW (Ex Works MailStore GmbH) pursuant to INCOTERMS 2000 apply.

(3) Software is only supplied in executable form (object code). The source code of the Software is not the subject of the contract and will not be provided.

(4) Delivery deadlines for the supply of Software, the product key or the user documentation will be individually agreed with the Customer or indicated by MailStore upon acceptance of the order. Where MailStore is unable to meet delivery deadlines for reasons beyond its control, MailStore will inform the Customer without delay and at the same time provide the new estimated delivery date. If the item is still not available by the new delivery date, MailStore is entitled to partially or completely rescind the contract; MailStore will reimburse without delay any consideration already advanced by the Customer.

(5) Whether delivery is in default will be determined according to statutory law. In all cases, however, a written warning from the Customer will be necessary. In case of default in delivery the Customer is obliged upon request of MailStore to inform MailStore within a reasonable period of time whether it is rescinding the contract due to the delay in delivery, continues to insist on delivery and/or which of the rights and claims it is entitled to it intends to assert.

4. Prices and Payment Terms

(1) Unless otherwise agreed in writing in the individual case, supply and maintenance of the Software will be charged as per the MailStore price list current at the time of contract formation.

(2) Payment in full is due immediately upon receipt of the invoice.

(3) Where payment by the Customer is delayed, interest at the rate of the applicable statutory default interest rate will be charged during the period of default. The right to claim additional damages for delay is expressly reserved. Claims against commercial customers for interest on arrears (Section 353 HGB - German Commercial Code) are not affected.

(4) In the event that payment is not made despite delay in payment and expiry of a reasonable extension of time, MailStore is entitled to rescind or terminate the contract with immediate effect and at its own discretion demand damages at a fixed sum of 20% of the outstanding portion of the agreed payment, damages in lieu of performance or restitution of futile expenses pursuant to Section 284 BGB - German Civil Code. The Customer retains the right to produce evidence that no loss or only negligible loss has been incurred.

(5) The Customer is only entitled to offset or retain payment on the basis of a court judgment or where a claim is not in dispute.

(6) If it becomes evident after a contract is formed that the claim for the agreed charges is jeopardised by deficiencies in the Customer’s ability to pay (e.g. through an application to open insolvency proceedings), MailStore is entitled to withdraw from the contract in accordance with the statutory provisions concerning refusal of performance and – if necessary, after specification of a period of time – (Section 321 BGB).

5. Rights of Use

(1) All rights to the Software are held exclusively by MailStore and its licensors. The Software is protected by copyright law and international agreements for the protection of intellectual property.

(2) MailStore grants the Customer a non-exclusive right unlimited in time to use the Software supplied in the object code to the agreed extent, or in the absence of such agreement, to the extent appropriate for the purpose of the contract.

(3) The right to use the Software is limited to the extent that the Software may only be used for archiving the emails of the number of email users agreed in the contract (“User Licences“). Exceeding the scope of user licenses purchased is not, under any circumstances, permitted without the prior consent of MailStore. Where the Customer intends that the Software be used by more email users than the number initially agreed in the contract, it is required to extend its rights of use by purchasing additional User Licences.

(4) Unless otherwise agreed, under the terms of the contract the Customer is only permitted to use the Software in its own business, for its own internal purposes or to allow use by third party service providers on its behalf (“outsourcing“). Archiving of emails of natural persons not employed in the Customer’s business is not permitted. Purchasing the Software entitles the user to install and use the Software on one of the Customer’s systems at any one time. Additionally, the Customer may create a copy of the Software for back-up purposes. However, as a general rule, strictly one back-up copy only may be created and stored. This back-up copy must be labelled as such and protected from unauthorised access by third parties. The Customer is not permitted to carry out further copying, including the creation of a print-out of the program code (source or object codes).

(5) The Customer may only revise the Software, and in particular carry out modifications and extensions, where this is expressly permitted by mandatory law or provided in the contract. MailStore advises that even minor alterations can lead to significant, unpredictable errors in the running of the Software.

(6) The Customer is not permitted to reconvert or decode the Software or extract any program elements. It will not decompile or disassemble the Software, carry out reverse engineering or otherwise attempt to derive the source code. Where the Customer is permitted by mandatory law to undertake reverse engineering or decompilation to achieve full functionality or interoperability with other Software programs the Customer must inform MailStore in advance of the nature and scope of the intended activity. Decompilation is only permitted if the Customer establishes a legal, legitimate interest in carrying out these activities.

(7) Copyright notes, serial numbers, version numbers, trademarks or other identifying features of the Software must not be modified or removed. The same applies to suppressing the display of such features on the screen.

(8) Upon request by MailStore the Customer is obliged to inform MailStore in writing and without delay of the extent of use of the Software and produce appropriate evidence that use has not exceeded the extent specified in the contract. In case of reasonable suspicion that the contractually permitted extent of use has been significantly exceeded, MailStore is entitled to examine whether the Customer has complied with the scope of use specified in the contract. For the purposes of checking this information the Customer will allow MailStore or an examiner appointed by MailStore access to the Customer’s property and buildings as well as administrator access rights to the hardware and software in which the Software is installed, during normal business hours, to the extent required to examine the scope of use. MailStore undertakes to maintain confidentiality of all information concerning the Customer’s business not already in the public domain obtained by MailStore in the course of the examination.

(9) The rights and obligations referred to in Clause 4 above apply to product key and user documentation as appropriate.

6. Leasing and Transfer

(1) Leasing of the Software, in particular by way of “Application Service Providing” (ASP) or “Software as a Service” (SaaS), is not permitted.

(2) Transfer of the Software requires the written consent of MailStore in all cases. MailStore will consent if the Customer provides MailStore with a written statement by the new user in which the new user undertakes to MailStore that it will comply with the terms and conditions of use and transfer contained within these GCC, and if the Customer guarantees MailStore in writing that it has transferred all copies of the Software to the new user and deleted the copies in its possession. MailStore can refuse consent where the use of the Software by the new user would be contrary to the legitimate interests of MailStore.

(3) The Customer will inform MailStore of each transfer without delay and supply the name and complete address for service of the new user to MailStore in writing.

7. Third-Party Software, Open Source Software

The Software can contain elements of third party software and/or open source software, to which separate licence terms apply respectively. The applicable third party or open source software licence terms will be published on the MailStore website where required for the lawful use of the Software. The Customer undertakes that it will only install the Software if it agrees to the licence terms of this third party or open source software, which take precedence over the terms of use of MailStore. The Customer will refrain from installing and using the Software if it does not agree to those licence terms. In such a case subject to the exclusion of all further claims the Customer is entitled to withdraw from the contract in regard to the affected Software.

8. Test Versions

(1) Where MailStore grants the Customer the opportunity to use a test version of the Software free of charge for a limited time, the Customer is granted a non-exclusive right to use the Software to the extent defined in Clause 5 of these GCC for the agreed period of time. The limited test period commences when the Customer downloads the Software.

(2) During the test period the Customer will not use the test version of the Software productively but rather will operate it solely with test data and for test purposes. During the test period MailStore will only be liable for intentional acts and gross negligence. Further claims by the Customer for damages and costs arising from any other cause are excluded, particularly claims arising out of breaches of contractual duties and tort law. MailStore is only liable for material and legal defects in the Software if MailStore has made an intentional misrepresentation by silence to the Customer. Any further liability or guarantee that test versions of the Software are free from material or legal defects is excluded.

(3) If the Customer decides not to purchase the Software when the test period expires, the Customer will completely and finally cease using the Software and irretrievably delete all copies of the Software. Where Software has been supplied to the Customer on data media, MailStore will elect to have the media either returned to MailStore or destroyed.

9. Software Maintenance

(1) The details of the Maintenance Services to be performed by MailStore is determined by the Customer’s choice in the course of the ordering process (e.g. on the website https://my.mailstore.com/Store). In this respect MailStore offers a “Standard Service” (included in the purchase price) as well as a “Premium Service” at a surcharge (referred to together in the following as “Maintenance Services“).

(2) Unless otherwise agreed the “Standard Service” includes making available new revised program versions or program elements (“Updates“) as well as a technical user support via email. Unless otherwise agreed the “Premium Service” includes further Maintenance Services such as access to non-public hotfix versions, prioritized Customer support with a maximum initial response time of 24 hours on working days and technical user support over the telephone (“Hotline“). Further maintenance services (e.g. on-site service, training, installation of Updates) are not offered by MailStore.

(3) On the MailStore website MailStore will notify the Customer of the availability of new Updates and make them available there for downloading. The Customer is responsible for installing these Updates.

(4) The Hotline offers assistance in using the Software and in case of malfunctions to the Customer over the telephone in German. The Hotline is available during MailStore’s normal business hours, Monday to Friday from 08:30 to 17:30 CET, except on public holidays in North-Rhine Westphalia, Germany.

(5) MailStore only provides Maintenance Services for the respective current version of the Software.

(6) The term of the Maintenance Services begins with the forwarding of the product key. Unless otherwise agreed the minimum term of the Maintenance Services is one year. At the expiry of the term MailStore will cease to provide Maintenance Services, unless the Customer extends the Maintenance Services at a separate fee.

10. Guarantee

(1) The Software is free from material defects if at the time the risk passes the Software essentially fulfils the functions and features contained in the product specification applicable to the relevant Software at the time of contract formation. Software errors must be reproducible. Defect claims do not arise from insignificant deviation from the agreed quality, insignificant impairment of serviceability, damage arising from improper or negligent handling following passing of the risk, from unsuitable equipment or from special external factors which are not anticipated in the contract, nor for irreproducible software errors.

(2) Claims under the guarantee further do not arise if errors occur and (i) the Software is not being used under the operating conditions expected and specified in the user documentation (e.g. system requirements), (ii) if during use the instructions and procedures specified in the user documentation are not followed or (iii) if modifications or adjustments have been made to the Software, unless the Customer proves that the errors are not causally related to the events listed in (i) to (iii) above or are attributable to faults in the user documentation.

(3) A fault in the user documentation exists if a knowledgeable user equipped with basic competence in dealing with computer equipment assisted by the user documentation cannot discern how to operate individual functions with reasonable efforts or cannot solve problems which occur with reasonable efforts.

(4) Software defects including in the user documentation are cured within the defect warranty period pursuant to Clause 13 of these GCC after notification by the Customer. This occurs at MailStore’s discretion either by remedying the fault (rectification) or by supplying a non-defective copy of the Software (replacement). MailStore is entitled to remedy the defect by supplying the Software in a newer version which no longer contains the error or by supplying Updates. The defect is also considered to be cured if MailStore demonstrates to the Customer how to operate the Software or change the settings on the Software so as to circumvent the error (referred to as a “workaround”) and operation and functionality are impaired by such circumvention to an insignificant extent only.

(5) Failure to remedy or replace can only be assumed once MailStore has been given sufficient opportunity to provide rectification or replacement, but failed to produce the desired result, if rectification or replacement is not possible, if MailStore refuses or unreasonably delays rectification or replacement or if rectification or replacement would be otherwise unreasonable.

(6) The Customer will make available all documents and information, IT equipment and access rights to the extent reasonably required to carry out a fault analysis and correction. The Customer is obliged to install new versions of the Software or Updates supplied without delay. The Customer and its employees will provide MailStore with comprehensive information – verbally if necessary – for the purposes of identifying and remedying the defect.

(7) To the extent that software defects reported by the Customer are non-existent, MailStore is entitled to invoice the Customer for the costs incurred by the error report at the rate usually charged for comparable services (e.g. fault diagnosis in a computer system).

(8) MailStore does not guarantee that the Software will meet the specific requirements of the Customer. The Customer is solely responsible for selection, installation and use as well as the results intended.

11. Duty to Examine and Notify

(1) The Customer is obliged to test the Software thoroughly for errors and suitability for the precise setting (e.g. operating conditions and purposes) before it commences productive use of the Software. In particular the Customer will use test data to verify essential functions before using the Software productively.

(2) As soon as the Customer is able and permitted to use the Software, it will examine and test the Software with regard to the functionality of basic program functions in particular. The Customer must give notice in writing of defects which are detected or detectable in this process without delay, within two weeks of receipt of the Software at the latest. For defects which are not obvious (hidden), once found the Customer is obliged to give notice in writing, before expiry of the warranty period pursuant to Clause 13 of these GCC at the latest. The defect notice must contain a detailed description of the defect. In case of a breach of the duty to examine and notify the defect, the Software will be considered to be approved with respect to the relevant defect.

12. Third Party Intellectual Property Rights, Legal Defects

(1) Where a third party legitimately claims a breach of intellectual property rights against a Customer using the Software in accordance with the contract terms, MailStore will at its own discretion either acquire the necessary rights of use in relation to the rights which have been infringed, at its own cost on behalf of the Customer or alter the Software so that the Software is no longer in breach of intellectual property rights but continues to fulfil the requirements agreed in the contract. Where MailStore is not reasonably able to do this, the Customer can rely on its statutory rights to withdraw or make reduced payment.

(2) MailStore is only subject to the above duty to the extent that the Customer informs MailStore of the third party claim without delay in writing, does not admit a breach and reserves MailStore the right to all defences and settlement negotiations. If the Customer ceases to use the Software for purposes of mitigation of damages or for other reasons, it is required to inform the third party that such action does not constitute an admission of breach.

(3) Claims by the Customer are also excluded to the extent that the Customer is responsible for the breach of intellectual property rights. This applies in particular if the breach of the intellectual property rights has been caused by a specific requirement of the Customer, by a use of the Software MailStore could not foresee or by modifications to the Software carried out by the Customer without coordination with MailStore.

13. Limitation of Actions

Warranty claims arising from material or legal defects become statute-barred within one year of delivery of the Software. In all other respects the statutory provisions concerning the statute of limitations apply.

14. Retention of Title and Rights Reserved

Where delivery occurs by way of data media MailStore retains ownership of the original data media delivered to the Customer until complete payment of all claims arising from the contractual relationship with the Customer is received; for payments by cheque or bill of exchange until they are cashed or discharged.

15. Liability

(1) MailStore accepts unlimited liability for intentional or grossly negligent damage and personal injury, i.e. death, bodily injury or injury to health caused by MailStore.

(2) Further claims by the Customer for damages and costs (“Damages Claims”) arising from any cause in law, in particular through breach of contract or liability in tort, are excluded. This does not apply to compulsory liability, e.g. pursuant to the German Product Liability Act (Produkthaftungsgesetz), intentional or grossly negligent acts, fraudulent concealment of defects, or culpable breach of essential contractual obligations by MailStore. Essential contractual obligations are those concerning supply, performance and protection, which are either essential to fulfil the purpose of the contract or where the Customer regularly relies and is entitled to rely upon MailStore’s compliance and where failure to comply would lead to rights and legal positions of the Customer being removed or limited in such a way that the contractual purpose can no longer be fulfilled. In the absence of intent or gross negligence, however, Damages Claims arising from the breach of essential contractual obligations are limited to contractually typical, foreseeable damages.

(3) To the extent that liability of MailStore is limited to contractually typical, foreseeable loss, MailStore is liable for each damaging event only up to five times the agreed price of the relevant goods and services. Where a significantly higher risk is identifiable in a particular case, MailStore will offer the Customer a higher liability sum but reserves the right to adjust the price accordingly.

(4) In case of loss of data MailStore is only liable to the extent that the Customer has backed up the data at adequate intervals, no less than once per day, secured in a machine-readable format and thereby ensured that the data can be restored at a reasonable cost. Where the Customer fails to carry out such back-up procedures MailStore’s liability is limited to the costs which would have been necessarily incurred in restoring the data from properly backed-up data, as well as loss caused by the loss of current data which would have also been lost had daily backing-up occurred.

16. Compliance with Statutory Regulation

The Customer is solely responsible for compliance with the relevant statutory provisions applicable to the archiving of business records. This applies in particular for data protection provisions, the German generally accepted principles for computer-aided accounting systems (GoBS), the German generally accepted principles of data access and auditing of digital records (GDPdU), the German generally accepted accounting principles (Sections 238 et seq., Section 257 HGB and Sections 140 et seq. of the German Tax Code (Abgabenordnung) and the provisions of the German Value Added Tax law (Umsatzsteuergesetz) or other comparable provisions of foreign jurisdictions.

17. Reference

MailStore may make reference to the Customer’s trade name and brand for marketing purposes.

18. Applicable Law, Place of Jurisdiction

(1) The law of the Federal Republic of Germany applies to the supply and maintenance of Software and all legal relationships between MailStore and the Customer arising therefrom. The UN Convention on the International Sale of Goods (CISG) is excluded.

(2) The mutually agreed place of jurisdiction for all legal disputes will be Düsseldorf, Germany. MailStore however reserves the right to commence an action or other court procedure in the general place of jurisdiction of the Customer.

19. Final Provisions, Written Form

(1) Alterations and amendments to these GCC and likewise material statements and notices which the Customer is required to give to MailStore subsequent to formation of contract (e.g. setting deadlines, defect notices, notices of cancellation, reduction of payment) must be in writing. This applies to changes to this written form requirement itself. Email or other electronic communication is not sufficient to fulfil the written form requirement.

(2) Should individual terms of these GCC be or become invalid or incapable of execution, the remaining terms of these GCC will remain unaffected. In place of the invalid term the provision most closely conforming with the commercial purpose of the invalid term will be considered to have been agreed. The same applies where these GCC are found to be incomplete.

(3) The Customer is not permitted to assign rights arising from the contractual relationship with MailStore without the prior consent of MailStore.

(4) These GCC are a translation of the legally binding German version. In the event of any conflict or ambiguity, the wording of the German version shall prevail as legally binding.

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Privacy Policy

§ 1 Overview

All personal data (e.g. name, address, email address, phone number, bank information, credit card number) is processed according to the regulations of the German Privacy Act. The following rules provide information regarding the type, range and purpose for which personal data is stored, processed and used. This privacy statement applies to our websites only. If you follow links from our website to other sites, please refer to the privacy statements provided there.

§ 2 Automatic Data Gathering

Due to technical reasons, the following data transferred by your internet browser is stored:

* browser type and version
* operating system
* referrer URL (website from which our site was accessed)
* websites that are accessed
* date and time of the access
* internet protocol (IP) address

This anonymous data is stored separately from any personal data you may have provided, so that no conclusions can be drawn about a specific person; it is evaluated for statistical purposes, enabling us to provide optimal internet presence and services. Once the data is evaluated it is deleted from our system.

§ 3 Inventory Data

1. Personal data required for contracting and determining subject terms and alterations of contract (inventory data) is used for contract execution only. For instance, in order to deliver our products, your name and address must be submitted to the delivery service. Without your express permission or legal basis, no data is submitted to any third parties not taking part in fulfillment of contract.

2. In individual cases, by order of the appropriate authorities, inventory data may be made available to be used as necessary for criminal prosecution, averting of danger through state police departments, performing legal tasks of the German federal and state constitution protection agencies, the German Federal Intelligence Service (Bundesnachrichtendienst, BND), the German Military Counter-Intelligence Service (Militaerischer Abschirmdienst, MAD), or for the protection of intellectual property rights.

§ 4 Usage Data

1. Personal data required for making our products available to customers and data needed for accounting purposes (usage data) is used for contract execution. Falling into this category is information concerning user identification, information about the period and the scope of use as well as information about which telecommunication services you use. Usage data for accounting purposes (accounting data) can be passed on to other service providers or third parties, as long as the information is required to settle accounts with the user. After the full amount owed by the user is paid, all such usage and accounting data is deleted. If, due to legal, statutory or contractual retention periods, deletion is prohibited, data is blocked instead.

2. Usage data is also used for promotions, market research or demand-actuated design of our offers for the creation of user profiles using pseudonyms. You are entitled to prohibit the use of your usage data for such purposes. User profiles are kept separately from personal data.

3. In individual cases, by order of the appropriate authorities, usage data may be made available to be used as necessary for criminal prosecution, averting of danger through state police departments, performing legal tasks of the German federal and state constitution protection agencies, the German Federal Intelligence Service (Bundesnachrichtendienst, BND), the German Military Counter-Intelligence Service (Militaerischer Abschirmdienst, MAD), or for the protection of intellectual property rights.

§ 5 Information Regarding Cookies

1. Cookies are used to recognize users revisiting our site and using one of our offers multiple times. Cookies are small text files that your internet browser stores on your machine. Upon revisiting our site, these cookies provide information to automatically recognize you by reading your IP address stored in the cookies. Information contained in the cookies is used to optimize our offers and provide you easy access to our site.

2. You can prevent your browser from storing cookies onto your hard drive by disabling cookies in the browser settings. However, this may limit the functionality of our offers.

§ 6 Using Google Analytics

This website uses Google Analytics, a web analysis service from Google Inc. ("Google"). Google Analytics uses cookies - text files that are stored on your computer and make it possible to analyze how you utilize the site. The information generated by the cookie (including the IP address) is transferred and stored on a Google server located in the United States. Google uses the information to evaluate how the site is used, create reports about the activities on the site for the site operators, and to perform additional services regarding website and internet utilization. Further, Google may pass this data on to third parties, if required by law or if using their services to analyze this data. In no case will Google associate IP addresses with any other data it stores. You can prevent the storing of cookies by choosing the appropriate settings in your browser; however, we would like to point out that in this case some functionality of the website may not be available to its full extent. By using this website, you give us permission to process any data gathered about you by Google in the way and for the purpose described above.

§ 7 Disclosure

Upon request, you will receive information on the data stored about your person or pseudonym. This information can also be provided electronically, if desired.

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Trademarks

The company, product and service names used in this web site are for identification purposes only. All trademarks and registered trademarks are the property of their respective owners.

Microsoft® Outlook®, Microsoft® Outlook® Express, Microsoft® Windows® Mail, Microsoft® Exchange Server and Microsoft® Internet Explorer® are registered trademarks of the Microsoft Corporation in the United States and in other countries. Mozilla® Thunderbird™, Mozilla® Seamonkey® and Mozilla® Firefox® are trademarks or registered trademarks of the Mozilla Foundation, USA. Google™, Google Mail™ and Google™ Chrome are trademarks of Google Inc, USA. Apple®, iPhone™, iPod® and Safari® are registered trademarks of Apple Inc. in the United States and in other countries. All other trademarks or registered trademarks are the property of their respective owners. MailStore Server® and MailStore Home® are registered trademarks of MailStore Software GmbH in the United States. MailStore™ email-archiving software is a registered trademark of MailStore Software GmbH, Germany.

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Copyright © 2005-2012 MailStore Software GmbH | Imprint | Your Country: US
All trademarks and registered trademarks are the property of their respective owners.