GMX General Terms & Conditions

1. Scope

By signing up for the Services, You warrant that You are at least 18 years old and legally capable of entering into a binding contract; or acting with the express permission of a person or organization who in turn is agreeing to be bound by the terms of this contract. You also agree to comply and adhere to any and all applicable laws and regulations in relation to this Agreement.

2. Content and data traffic

The customer will not use the services in any way that breaches any applicable regulation or law; in any way that is fraudulent; to host any material which is in breach of our content guidelines (see below) or to infringe any rights of third parties (including but not limited to trademark rights, rights to a name, copyrights, data privacy rights etc.). The customer undertakes to refrain from displaying any content that is pornographic, glorifies violence or incites racial hatred, incites criminal activity or provides instructions in this regard, and that offers or requests the offer of services, the subject matter of which involves pornographic and/or erotic content (e.g. nude images, peep shows, etc.).
The customer shall not send data or store data on GMX data carriers that may put the existence or operation of the GMX data center or data network at risk.

Should GMX become aware that the customer’s email correspondence is in breach of any laws or regulations, is fraudulent, breaches our content guidelines or infringes the rights of third parties a GMX shall be entitled to remove the unlawful information or to block access to it.
Should the email addresses reserved and/or used by the customer, or the email correspondence from these addresses violate the stated prohibitions, common decency or rights of third parties, and where the customer is responsible for these breaches, the customer shall be liable towards GMX for the compensation for all incurred damages. The customer shall indemnify and hold GMX harmless from any claims brought by third parties as a result of any such breach.
GMX sends emails via the Internet. GMX accepts no liability for the forwarding of emails to the recipient.
Certain service offerings from GMX include anti-virus programs, which the customer can disable within his user account.

3. Your Obligations

The customer must retrieve incoming emails received via the Internet at appropriate intervals and must store them on their own device(s). GMX is entitled to delete the messages saved in the customer’s account and other files after a period of 6 months of inactivity (no login via web browser or email program) without warning. After a period of 1 year of inactivity, GMX shall also be entitled to release the customer’s GMX email addresses ("aliases") and make them available to other customers.

The customer’s email addresses must not violate any laws or applicable regulations, or the rights of third parties (trademark rights, rights to a name, copyrights, data privacy rights, etc.). Should GMX become aware of a violation, GMX shall be entitled to block the email address.

The customer undertakes to keep passwords acquired from GMX for the purpose of access to its services strictly confidential and to inform GMX immediately as soon as they become aware that unauthorized third parties know the password. Should, as a result of culpability on the part of the customer, third parties make use of GMX services using the customer’s passwords, the customer shall be liable to compensate GMX for damages.

The customer is hereby informed that they are obliged to perform a data backup at regular intervals (at least once per day), whereby data stored on the GMX servers must not be backed up on these same servers. The customer must perform a complete data backup, in particular, prior to commencing any work on the computer system or prior to the installation of hardware. The customer shall also thoroughly test every program with regard to freedom from defects and usability in their specific situation, before commencing the operative use of the program. This also applies for programs that they receive within the scope of the warranty and care provided by GMX. GMX cannot guarantee to restore data and accepts no liability for the loss of any such data.

The customer is expressly informed that any unauthorized modification of the software may impair the running of the entire system. This is solely at the customer’s own risk.

4. Services and SLA

GMX guarantees an annual average server accessibility of 99%. GMX are not liable for interruptions to the Services or outages as a result of the interruptions to the flow of data from/to the internet, or other such technical failures. GMX may prevent access to the services, if the security of the network operations, the preservation of network integrity, and in particular the avoidance of severe disruption to the network, the software or stored data require it.

GMX reserve the right to improve, modify or change the Services provided to the customer and GMX will use reasonable endeavors to notify customers as soon as it is reasonably practical to do so.

GMX will send customers a customer magazine by email, which contains important technical instructions, as well as tips and tricks regarding the GMX services. Customers on the advertisement-free GMX tariffs can cancel the subscription to the customer magazine at any time, via the “My Account” menu item.

5. License agreements

GMX shall grant the customer shall a non-transferable and non-exclusive right to use the program (license). The term “program” includes the original program and all duplications (copies) of the same, including parts of the program that are combined with other programs. A program consists of machine-readable instructions, audiovisual content and the associated license materials.

6. Liability

GMX shall not be liable for any loss or damage of whatsoever nature suffered by the customer arising out of or in connection with any breach of this Agreement.
GMX will not be liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by the customer or for any wasted management time or failure to make anticipated savings or liability the customer incurs to any third party arising in any way in connection with this Agreement or otherwise whether or not such loss has been discussed by the parties pre-contract or for any account for profit, costs or expenses arising from such damage or loss.
GMX’s total liability to the customer, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this Agreement shall be limited to the equivalent charges actually paid by the customer to GMX in the previous 12 months.
Nothing in this Agreement limits or excludes GMX’s liability for: (a) death or personal injury caused by its negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability which cannot be limited or excluded by applicable law.

GMX is not responsible for any of the customer’s content. The providers of the respective websites are themselves responsible for the content of these pages.

7. Indemnity

Customers shall indemnify and hold harmless GMX against any losses, damages, costs (including legal fees) and expenses incurred by or awarded against GMX as a result of the customer‘s breach of this Agreement and/or any neglect, omission, or wrongful act of the Customer, its officers, employees, contractors or agents.

8. Data protection

GMX collects, processes and uses the personal data of a user without acquiring further, necessary consent, insofar as this is required for the conclusion and fulfillment of contract, and for billing purposes. Further information is available online under Data Protection Notice.

As the transmission of customer data via the internet is not completely secure, GMX cannot guarantee the security of your data transmitted to our site and any transmission is at your own risk. Once GMX have received your information, GMX will use strict procedures and security features to try to prevent unauthorized access. However, the customer shall take full care to ensure the safety and security of the data they transmit via the Internet and the data stored on web servers.

9. Termination

Unless expressly agreed otherwise, the contract can be terminated by the customer at any time and by GMX with a notice period of four weeks.
Customers can terminate their contract with GMX either by letter or using our contact form.

GMX reserve the right to terminate the Agreement and/or suspend services at any time for any reason or more specifically if the customer’s email correspondence and/or email addresses are in violation GMX’s content guidelines as defined in clause 2 of this Agreement.

GMX is entitled to limit access to the customer’s account if the customer has not used his free account by logging in for a period longer than six months.

10. Dispute Resolution

The European Commission provides an Online Dispute Resolution (ODR) platform. The platform can be found at https://ec.europa.eu/consumers/odr. Consumers have the option to make use of this platform for the settlement of their disputes.

We are not obliged to take part in dispute resolution proceedings before consumer arbitration board and will decide on our participation on a case-by-case basis.

11. Governing law and jurisdiction

This Agreement is governed by, and shall be interpreted in accordance with, German law. If the customer is a consumer with habitual residence in the EU, the customer shall also enjoy the protection of the mandatory provisions of the law of his state of residence.

Should provisions of these General terms & Conditions and/or the contract be or become invalid, this shall have no effect on the validity of the remaining provisions.

General Terms & Conditions of 1&1 Mail & Media, Valid as of: 11/2018