Terms of Use

1. This Is a Contract Between You and
This is a contract between you and a product of (located at P.O.Box 9663 NL-3506GR, the Netherlands). We will refer to ourselves in this contract as either "IBE-Hosting", "" "we" or "our". You are an individual person. You must be at least 18 years old and have attained the age of majority in the province, state or country in which you live. The facts you give us must be complete and correct. This contract covers your use of the services, and includes any other related services, software, machines, support, content and other media, papers, updates or upgrades. We refer to these all as the " service"

Please note that this contract limits our liability and we do not provide warranties for the service. The contract also limits your remedies. These terms are in Sections 8 and 9 and we urge you to read the terms carefully.

2. How and When You May Use service
We provide service for your personal use. You may not use the service for commercial purposes or in any way that is against the law. You may not use any software or hardware that reduces the number of users directly accessing or using the service (sometimes called "multiplexing" or "pooling" software or hardware). You also may not use it in a way that harms us or our affiliates, resellers, distributors, service providers and/or suppliers (collectively, the "IBE-Hosting parties"), or any customer of a IBE-Hosting party. We may tell you about certain specific harmful uses in a code of conduct or other notice available through the service. We have, however, no duty to do so. You will obey any codes of conduct or other notices we provide.

If you wish to offer the service to users of your own application, Web site, or Web service, then you must enter into a different contract with IBE-Hosting.

3. Spam Is Prohibited and Causes Damage
Without limiting the general nature of Section 2, you will not use the service to transmit, either directly or indirectly, or facilitate the transmission of any unsolicited bulk e-mail or unsolicited commercial e-mail. You will not use the service in any way that violates the IBE-Hosting Anti-Spam Policy. (see below)

A breach of any part of the Anti-Spam Policy is a breach of this contract and will result in a termination of your account without prior notice.

4. You Are Responsible For Your service Account
You are responsible for all activity under your service account. You are responsible for keeping confidential any password for your service account. You are obliged to tell us right away about anyone using your account without your consent, or any security breach that relates to the service.

5. Third Party Dealings; Third Party Websites
You are solely responsible for any dealings with third parties (including advertisers) who support the service, including the delivery of and payment for goods and services. This contract applies to you whenever you access or use your service credentials. When you use the service to gain access to any site or service on the service, the terms and conditions for that site or service may also apply to you. Please refer to the terms of use for each site or service that you visit.

6. Materials You Post or Provide
You may be able to submit materials for use in connection with the service. We do not claim ownership of the materials you post or otherwise provide to us (including feedback) related to the service (called a "submission"). However, by posting or otherwise providing your submission, you are granting to the public permission to use, copy, distribute, display, and modify your submission, each in connection with the service, and to publish your name in connection with your submission. You also give the public permission to grant this permission to other persons. This section only applies for legal content, and to the extent that use and publishing of such legal content does not breach the law. We will not pay you for your submission. For each submission, you must have all rights necessary for you to grant the permissions in this section.

7. How We May Change the Contract
If we change this contract, then we will tell you at least 30 days before the change is in force. We will tell you of the change by e-mail or online posting. We may also use other ways that we believe will reach you. If you do not agree to such changes, then you must cancel and stop using the service before the changes are in force. If you do not stop using the service, then your use of the service will continue under the changed contract.

We provide the service "as-is," "with all faults" and "as available." The IBE-Hosting Parties give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this contract cannot change. To the extent permitted by law, we exclude the implied warranties of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.

You can recover from the IBE-Hosting Parties only direct damages up to an amount equal to your service fee for one month, if any. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.

This limitation applies to:
  • any matter related to the service,
  • any matter related to content (including code) on third party Internet sites, third party programs or third party conduct,
  • any matter related to viruses or other disabling features that affect your access to or use of the service,
  • any matter related to incompatibility between the service and other services, software and hardware,
  • any matter related to delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the service in an accurate or timely manner, and
  • claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

It also applies even if:
  • This remedy does not fully compensate you for any losses, or fails of its essential purpose; or
  • IBE-Hosting knew or should have known about the possibility of the damages.

10. Changes to the service; Our Cancellation of Access to service
We may change the service or delete features at any time and for any reason without further notice. We may cancel or suspend your access to the service at any time. Our cancellation or suspension may be without cause and/or without notice. Upon such cancellation, your right to access or use the service immediately. Once your access to the service is cancelled or suspended, any data you have stored on the service may not be retrieved later. We may cancel or suspend your access to the service for inactivity, which we define as failing to sign in to the service for an extended period, as determined by us. When we cancel your service credentials, your right to use the service immediately ceases.

11. Your Cancellation of Access to service
You may cancel your access to the service at any time, with or without cause, upon notice to us as specified in the customer support or "help" area for the service.

12. Choice of Law and Location for Resolving Disputes
If this contract is with IBE-Hosting, then claims for breach of this contract will be subject to the laws of the Netherlands, without reference to conflict of laws principles. If this contract is with a IBE-Hosting affiliate, claims for breach of this contract will be subject to the laws of the place of incorporation for such IBE-Hosting affiliate, without reference to conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of the country to which we direct your service account.

If this contract is with IBE-Hosting, you consent to the exclusive jurisdiction and venue of Utrecht, the Netherlands for all disputes relating to this contract or the service. If this contract is with a IBE-Hosting affiliate, you consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such IBE-Hosting affiliate for all disputes relating to this contract or the service. You cannot revoke this consent.

13. Interpreting the Contract
All parts of this contract apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this contract as written. If this happens, then we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. This is the entire contract between us regarding your use of the service. It supersedes any prior contract or statements regarding your use of the service. If you have confidentiality obligations related to the service, those obligations remain in force (for example, you may have been a beta tester). The section titles in the contract do not limit the other terms of this contract.

14. Assignment
We may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void. Instead, you may cancel your service account. The other party may then establish a service account and enter into a contract with us.

15. Claim Must Be Filed Within One Year
Any claim related to this contract or the service must be brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed, then that claim is permanently barred. This applies to you and your successors. It also applies to us and our successors and assigns.

16. Your Notices to Us
You may notify us by e-mail or postal mail. Your notices to us must be addressed as stated in the customer support or "help" area for the service.

17. Our Notices to You; Consent Regarding Electronic Information
This contract is in electronic form. There may be other information regarding the service that the law requires us to send you. We may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may cancel your access to the service. We may provide required information to you (1) via e-mail at the e-mail address you specified when you signed up for your service account, (2) by access to a IBE-Hosting web site that will be designated in an e-mail notice sent to you at the time the information is available, or (3) by access to a IBE-Hosting web site that will be generally designated in advance for such purpose. Notices provided to you via e-mail will be deemed given and received on the transmission date of such e-mail.

18. Privacy
When you register for certain IBE-Hosting services, we will ask you to provide personal information. The information we collect may be combined with information obtained from other IBE-Hosting services and other companies. We use cookies and other technologies to keep track of your interactions with our sites and services to offer a personalized experience.

We use the information we collect to provide the services you request. Our services may include the display of personalized content and advertising. We use your information to inform you of other products or services offered by IBE-Hosting and its affiliates, and to send you relevant survey invitations related to IBE-Hosting services.
We do not sell, rent, or lease our customer lists to third parties. In order to help provide our services, we occasionally provide information to other companies that work on our behalf.



IBE-Hosting prohibits the use of all Services in any manner associated with the transmission, retransmission, distribution or delivery of any unsolicited bulk or unsolicited commercial e-mail ("Spam"). In short:
  • You may not use any services to send Spam.
  • You also may not deliver Spam or cause Spam to be delivered to any of IBE-Hosting's Services or customers.

In addition, e-mail sent, or caused to be sent, to or through the Services may not:
  • Use or contain invalid or forged headers;
  • Use or contain invalid or non-existent domain names;
  • Employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path (this includes also the use of other redirection providers or servers that anonymize email  headers);
  • Use other means of deceptive addressing;
  • Use a third party's internet domain name, or be relayed from or through a third party's equipment, without permission of the third party;
  • Contain false or misleading information in the subject line or otherwise contain false or misleading content;
  • Fail to comply with additional technical standards described below;
  • Otherwise violate's Terms of Use.

IBE-Hosting does not authorize the harvesting, mining or collection of e-mail addresses or other information from or through the Services. IBE-Hosting does not permit or authorize others to use the Services to collect, compile or obtain any information about its customers or subscribers, including but not limited to subscriber e-mail addresses, which are IBE-Hosting's confidential and proprietary information.

IBE-Hosting does not permit or authorize any attempt to use the Services in a manner that could damage, disable, overburden or impair any aspect of any of the Services, or that could interfere with any other party's use and enjoyment of any Service.

If IBE-Hosting believes that unauthorized or improper use is being made of any Service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. IBE-Hosting may immediately terminate any account without prior notice on any Service which it determines, in its sole discretion, is transmitting or is otherwise connected with any e-mail that violates this policy.

Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, the Services. Failure to enforce this policy in every instance does not amount to a waiver of IBE-Hosting's rights.

Unauthorized use of the Services in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil, criminal, or administrative penalties against the sender and those assisting the sender.

Users of Services hold the sole responsibility for the content of the messages sent through Services. IBE-Hosting refrains from any responsibility concerning the messages sent through Services.

Last changed: zondag, juni 4 2006