1) Fastnet SA will make every effort to filter its clients’ incoming e-mail to eliminate known viruses as well as messages that appear to be unsolicited advertisements (spam).
2) The criteria used to identify an e-mail message as spam are subjective by nature and left to the discretion of Fastnet SA. Essentially, Fastnet SA uses internationally recognized filtering criteria.
3) Fastnet SA guarantees that at least 90% of the spam and known viruses are recognized and filtered by MailCleaner.
4) Fastnet SA is in no way responsible for the consequences of an e-mail infected by a virus or a spam that passes through the mail filter.
No legal claims to the contrary can be pursued against Fastnet SA following such an occurrence.
5) Fastnet SA cannot be held responsible for the loss of an e-mail that passed into MailCleaner. No compensation can be demanded in such a case.
6) Periodically or at the request of a subscriber, a list of e-mails currently held in quarantine is automatically generated and sent via e-mail. The subscriber then has 15 days to request the release of any or all quarantined e-mails. After 15 days, all e-mails in quarantine will be destroyed, leaving no possibility for recuperation.
7) The implementation of a mail filter inevitably adds to the delivery time of the e-mail that passes through it. Fastnet SA will take all possible measures to minimize this delay as much as possible, but in no case can Fastnet SA be held responsible for the consequences of any such delay.
8) No compensation can be demanded from Fastnet SA except in the case where it breaches point 3 (see above) so far as the client can produce evidence.
9) The licence fee is paid on an annual basis. The customer will be notified one month before the end of the subscription period that said period is coming to term. If a renewal payment is not received before the end of said period, mail filtering will stop immediately. It is the responsibility of the customer to make the necessary modifications to his domain’s DNS records to avoid the loss of any e-mail messages.
10) If the customer chooses to terminate his contract before the contract comes to term, no reimbursement for the remainder of the period will be provided by Fastnet SA.
11) Fastnet guarantees that all e-mail messages will be handled in a strictly confidential manner. Neither email addresses nor message contents will be disclosed to any party, particularly in light of the Swiss Law on the Protection of Data (LPD), without a formal subpoena by a Swiss judge with the necessary jurisdiction.
12) The client authorizes Fastnet SA to carry out any requests in the client’s name to demand the removal of the client’s email address(es) from distribution lists used by, or in the possession of, any parties that transmit advertisements via e-mail, in respect to the Swiss Federal Law on the Protection of Data 235.1 CO.
This contract shall be governed by and interpreted in accordance with the laws of Lausanne, Switzerland, without regard to its choice of law provisions. Any dispute hereunder shall be determined by a court of competent jurisdiction within Switzerland.