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Terms of Use for CLIP

The Customer Portal (hereinafter referred to as „CLIP“) is an online service of Certified Senders Alliance (hereinafter referred to as „CSA“), which is provided on the basis of the following Terms of Use for the certified senders (hereinafter referred to as “Customer”) by the CSA. CLIP is operated by eco – Association of the Internet Industry (hereinafter “eco”), Lichtstrasse 43h, 50825, Cologne, Germany.

§ 1 Authorized Users and Object of Use

By using CLIP the Customer accepts the following Terms of Use. eco strives to provide access to CLIP without interruption. Temporary interruptions due to maintenance, disturbances in the Internet and other technical reasons are possible. An entitlement to an exhaustive, uninterrupted, complete or error-free usability of CLIP does not exist.
eco is entitled to add further content and services to CLIP. All new content and services shall also be subject to these Terms of Use. Certain CLIP services may be subject to specific terms of use. The terms of use are indicated separately in CLIP and are binding for the use of these respective services.
eco is entitled to cancel or adapt CLIP, delete content from CLIP, and make changes to CLIP at any time.

§ 2 Access to CLIP

eco provides each Customer with an initial administration account. The Customer is authorized to create additional accounts, thereby enabling users to gain access to CLIP. The Customer is responsible for the proper and lawful use of the CLIP service by all users. eco assumes no liability for the improper use by the user and liability for any resulting damage incurred is excluded. The use of all fee-incurring applications is processed through the main account of the Customer.
eco is also entitled at any time without reason to veto use of CLIP, or to block access to CLIP, thus revoking the access rights of the Customer.
The Customer is obliged to protect the main account from unauthorized access by third parties. In cases of suspected misuse by an unauthorized third party, or proven misuse, the Customer is obliged to inform eco without delay.

§ 3 Obligation of User

The use of CLIP is only granted for the purposes of conducting the business relationship between the Customer and eco. Use for other purposes is not permitted. Actions with the intention of rendering CLIP or other eco services non-operational or of preventing, impeding or slowing their use, may incur criminal charges. Furthermore, eco is entitled to assert civil claims.

Insofar as CLIP offers contact forms, discussion forums and other communication opportunities (hereinafter referred to as „communication services“), it is prohibited for the Customer to use these for defamatory statements damaging to reputation or business, to transmit content of a commercial nature, or content which is unlawful, harmful to minors, politically radical, offensive, or content for which the user does not own the required rights. The Customer is solely responsible for the legality of the content which he transmits. eco is entitled but not obliged to verify the legality of content transmitted by the Customer. eco is entitled to temporarily or permanently exclude a Customer from using CLIP in the event that eco obtains knowledge about a breach of these Terms of Use.
The Customer indemnifies eco against all claims from third parties, which are asserted against eco as a result of or in connection with the use of CLIP by the Customer, if and to the extent that the Customer can be held responsible. The duty to indemnify encompasses all costs incurred in connection with the respective claim including such costs as arise for legal representation. The Customer is obliged to provide best-possible support to eco against such third-party claims. Furthermore, the Customer shall reimburse eco for all damages resulting from such behavior.

§ 4 Confidentiality

Through CLIP, the Customer has access confidential information from eco. Confidential information in this sense is information, documentation, details and data that are marked as confidential or from their nature can be recognized as confidential.
Confidential information may only be used for the conducting of the business relationship between the Customer and eco. Analysis or aggregation of this confidential information is not permissible.
Confidential information must not be passed on to third parties. Even within the Customer’s company, the forwarding of confidential information is only then permissible if the recipient has a urgent need of this confidential information for the conducting of the business relationship between the Customer and eco.
The Customer must take adequate care to protect confidential information from misuse and unauthorized access, with at least the same level of care with which he protects his own confidential information.
The Customer shall inform eco in writing without delay in the case that he becomes aware of an impending or already committed breach of eco’s confidentiality or as soon as there is suspicion of such. The duty of confidentiality is not affected by the removal of user rights.
In the case of a breach of confidentiality by the Customer, eco reserves the right to demand compensation for damage caused.

§ 5 Content of CLIP

eco has taken great care in the creation of content for CLIP. However, eco offers no guarantee for the accuracy, completeness or up-to-dateness of the service or the content provided. Should the Customer become aware of errors in the information provided in CLIP, this is to be communicated to eco without delay. This is also the case if the Customer is given access to data which are clearly not meant for him.

§ 6 Privacy

eco collects, processes and uses personal data exclusively in accordance with the applicable data protection regulations, in particular with the Federal Data Protection Act (BDSG) and the Telemedia Law (TMG).

The content and the structure of CLIP, in particular also the logos used, are copyright and trademark protected. All rights are reserved. Any use or application of the information of any kind, in particular duplication, alteration or the embedding in publications or an Internet presence, is only permitted with the prior agreement of eco or the respective owner of the information.
eco makes known that further property rights (in particular trademarks and names) remain exclusively the property of eco.

§ 8 Changes to the Terms of Use

eco is entitled to change these Terms of Use at any time with effect to the future, without giving reason. The Customer can retrieve the current Terms of Use in CLIP. Should the Customer not be in agreement with future changes to the Terms of Use, the Customer is to communicate this to eco in writing without delay, and to cancel his use of CLIP.

§ 9 Liability

eco is liable according to statutory provisions, to the extent that the buyer asserts damage compensation claims caused as a result of criminal intent or gross negligence, including the criminal intent or gross negligence of our agents or auxiliaries.
eco bears unlimited liability for damages caused intentionally or through gross negligence, and for damages resulting from injury to life, body or health. Any further liability of eco is excluded.

§ 10 Final Provisions

Should individual provisions of these Terms of Use become wholly or partially invalid or unfeasible, the validity of the other provisions shall not be effected. eco and the Customer shall agree on effective provisions which remain economically and legally as close as possible to the intended purpose of the invalid or unfeasible provisions. This is also true for loopholes in these Terms of Use.
The laws of the Federal Republic of Germany apply.
The sole place of jurisdiction for all conflict in relation to the use of CLIP including the validity of these Terms of Use is Cologne.

§ 11 Special Terms of Use SRI

The SRI is based on a scale from 1 to 100. It is based on information that eco receives in connection with the receipt and processing of complaints about unsolicited E-Mails (both with and without relation to the CSA).
The cost of a request is 100 Euro (net price, plus VAT). A subscription for 10 requests costs 800 Euro (net price, plus VAT). Until 31 August 2014 the first three requests will be made available free-of-charge.
The service will be completed by eco within a maximum of 3 working days from the receipt of the confirmation of the request.
There may be a delay in processing time due to unforeseen circumstances. A liability of eco for delays in processing time is excluded, unless these are due to gross negligence or willful conduct.

All information and results made available by eco have been researched with great care and to the best of their knowledge and have been collated according to empirical values. The SRI-Rating does not constitute a recommendation on the part of eco.
The SRI makes no claims to completeness or accuracy.
eco’s liability for completeness, lack of up-to-dateness or the existence of errors in the information is limited to cases of criminal intention or gross negligence. Liability for a misinterpretation of the SRI-Rating or any consequences arising from such is excluded on the part of eco.
In particular, eco shall not bear liability for cases where a decision is taken by a third party on the basis of an SRI-Rating.
The CSA Customer indemnifies eco against all claims from third parties which are raised against eco as a result of or in connection with the use of SRI. The duty to indemnify includes all costs for legal representation arising out of such claims.

The user is obligated to handle all data and information as confidential.

Cologne, April 2014

en/terms_and_conditions.txt · Last modified: 2015/10/13 10:03 by azeh