1 - Description of the SMTP service.
The SMTP service consists in Swizzonic.ch providing the customer the use of its outgoing mail server for sending emails, after the customer has authenticated himself with a username and password. Um das Produkt zu nutzen, muss der Kunde es wie auf der Webseite Swizzonic.ch beschrieben konfigurieren.
2 - Options and conditions for the provision of the SMTP service.
The SMTP service is provided by Swizzonic.ch only and exclusively in the presence of all the following conditions - existence of the domain name of the customer managed by Swizzonic.ch as administrator, registrar or reseller. The SMTP service may be used exclusively as an additional service to the domain name managed by Swizzonic.ch; - During the entire duration of the SMTP service, the authoritative DNS of Swizzonic.ch must be used for the domain name. The customer declares that he is aware that the use of other authoritative DNS than that of Swizzonic.ch limits the possibility of using the SMTP service and that he can use it again only in case of reconfiguration of the Swizzonic.ch authoritative DNS; - activation of at least one Swizzonic.ch POP-3 mail account - default configuration of the MX and POP-3 record (i.e. on the Swizzonic.ch mail server). The customer declares that he is aware that the non-fulfillment of one or more of the above conditions prevents the possibility of using the SMTP service. The customer is therefore informed that if, during the term of this contract, the customer does not renew the domain name in question or transfer it to another maintainer or configure the domain name in question on other authoritative DNS than that of Swizzonic.ch or change the configuration of the mail record, the provision of the SMTP service will become technically impossible for Swizzonic.ch and will therefore be terminated immediately, without prejudice to Swizzonic.ch's right to payment of the full fee for the service.
SMTP SERVER: The outgoing mail servers provided by Swizzonic.ch for sending e-mails are shared by the Registry's clients and are therefore subject to the usage restrictions indicated in the offer published on the Swizzonic.ch website. Swizzonic.ch reserves the right to formulate promotional offers during the term of the contract, which will be highlighted and advertised on the website; in this case, the conditions set forth therein must be respected.
DATA: All data and content sent by the Customer through the SMTP service are and remain the exclusive property of the Customer. Consequently, the Customer assumes full responsibility for such data and its content.
RULES OF USE: The Customer undertakes not to use the Service for unauthorized purposes, to respect its rules of use and not to violate in any way the applicable national and international rules and regulations. The Customer also undertakes to observe the rules of netiquette. In particular, the customer guarantees not to participate directly and/or indirectly in spamming, i.e. sending unauthorized, unsolicited and/or unwanted by recipients messages by e-mail. Swizzonic.ch recalls that this practice is prohibited not only by the rules of Netiquette, but also by Legislative Decree 196/03 on the protection of privacy. Swizzonic.ch reserves the right to immediately block the service if it considers, at its own discretion or by notification of a third party, that the customer is carrying out activities through the service that violate the obligations set forth in this article. In this case, the Customer will receive a notification by email from Swizzonic.ch indicating the corrective measures to be taken. In the event of fraudulent use of the service, Swizzonic.ch has the right to terminate the contract immediately at its discretion, without prejudice to the right to full payment of the fee and the right of Swizzonic.ch to act for full compensation for the damage suffered. It is understood that Swizzonic.ch may, at its sole discretion, terminate the contract in any case after having determined that spam has occurred. In addition, Swizzonic.ch reserves the right to interrupt the service at any time with 48 hours notice, which must also be sent to the customer by e-mail, and to temporarily suspend the service for maintenance or updating purposes. Swizzonic.ch is not liable in any way for the restrictions imposed by the connection providers, which may affect the proper functioning of the SMTP service. In any case, Swizzonic.ch reserves the right to change the rules for the use of the SMTP service, informing customers in writing at least 15 days in advance. (For example, if the SMTP service can only be used by those who have configured their email on Swizzonic.ch).
EQUIPMENT: Swizzonic.ch does not provide equipment to the customer.
3 - Duration
The present SO can expire, according to the choice of the customer during the purchase process or also later on the control panel of the customer, a) with or b) without tacit renewal. a) In case of expiration with tacit renewal and payment by credit card, the fees mentioned in the following article "Fees and Payments" will be debited directly by Swizzonic.ch from the customer's credit card within the framework of the conditions in force at the time of renewal, as indicated on the control panel, after notification by e-mail. If it is not possible for Swizzonic.ch to make such a debit, the contract cannot be tacitly renewed and the contract will be considered to have expired on time. In this case, the customer can extend the service according to the procedure described below. In case of tacit renewal and payment by a system other than credit card, Swizzonic.ch will renew 20 days before the expiration date, after sending an email notification, and will send the customer an invoice to be paid within the deadlines specified therein. The invoice and the related payment instructions will be sent by mail to the address stored in the files at the time of the order. If the customer does not make the payment within the prescribed period, Swizzonic.ch may interrupt the provision of the service at any time, always subject to the provisions of Article 6 of the GCS. b) In case of expiry without tacit renewal, the customer may inform Swizzonic. ch, through the online procedure provided by Swizzonic.ch, request to renew the service with this GCU for further and subsequent periods, under the conditions displayed on the customer's control panel and under the technical and economic conditions in force at the time of renewal of the service, and by carrying out the renewal procedure. In case of non-renewal in the form and within the period indicated above, the present TOS will lose its legal effect with its expiration, without the need for any communication on the part of Swizzonic.ch.
4 - Charges and payments
The charges for the provision of the requested service are specified in the offer. The provision of the service is considered agreed from the moment of payment of the service fee in the manner specified in the offer. The renewal price is the list price applied by Swizzonic at the time of the Customer's request, as shown in the Control Panel.