Subject to and conditioned upon GMX's retained rights and all other terms and conditions set forth in this Agreement, GMX offers the GMX Services as soon as practicable after registration. You will receive a password, account and instructions upon completion of the registration process. You are responsible for maintaining the confidentiality of both your password and your account and are fully responsible for all activities that occur under your password and your account. You agree to immediately notify GMX of any unauthorized uses of the account or any other breaches of security. GMX cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will GMX be liable, in any way, for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. The GMX Services are subject to the following conditions and restrictions:
2.1. Email Services
2.1.1. GMX shall provide to you a non-transferable, revocable, non-sublicensable, non-exclusive and limited license to use the amount of server space allocated to Your Services for your non-exclusive use for the exclusive purpose of storing Your Data and disseminating said data via the Internet through the use of GMX's Equipment for purposes consistent with this Agreement.
2.1.2. GMX, either directly or through its assignee or licensee, shall provide a moderated bulletin board on which you may post questions relating to Your Services. GMX is not obligated to provide any customer service or technical support except as specified in this Section 2, and cannot guarantee that your questions will be answered in a timely fashion or otherwise. Notwithstanding the foregoing, GMX at its sole discretion may at any time alter or cease providing the moderated bulletin board provided pursuant to this Agreement without any liability to GMX.
2.1.3. All use of the GMX Services shall be subject to all terms and conditions set forth herein. You may not attempt to expand or alter these rights or GMX's services by entering into multiple agreements.
2.1.4. Your use of the GMX Services, including but not limited to email traffic, and combined mailbox use and file storage per account shall not exceed that specified for Your Services. You are responsible for monitoring your use of the GMX Services, and agree to check your email and download or delete your email on a regular basis in order to ensure compliance with this paragraph. Should your use of the GMX Services exceed the limits specified for Your Services GMX may return or reject any and all emails sent to you to the originating sender and delete or deny access to the storage space for Your Data without liability to you. You agree that GMX may terminate your Account without notice or liability to you for usage in excess of permitted amounts.
2.1.5. GMX reserves the right to alter, amend, or discontinue the provision of some or all of the GMX Services, including but not limited to the provision of certain GMX Services to International Customers in a particular market, at any time in GMX's sole discretion.
2.1.6. You are responsible for backing up Your Data on your own computer. GMX does not warrant or otherwise guarantee that it will back up Your Data or that data which has been backed up can be retrieved, and will not be responsible for any archiving or backup of Your Data. If any of Your Data is damaged, deleted, lost or corrupted in any way, or becomes otherwise unavailable due to termination or suspension of your account pursuant to this Agreement, GMX will have no obligation or liability to you.
2.1.7. You represent and warrant that your email address does not infringe the copyright, trademark, or any other intellectual property rights of any person or company and that your email address is otherwise in compliance with the terms of this agreement, in particular the provisions of Section 7. GMX may suspend performance under or terminate this Agreement, cease transmission of emails or data associated with your account, permanently remove Your Data from the GMX Equipment, revoke any and all email addresses assigned to you, and take any other actions it deems necessary, in its sole discretion, immediately and without notice, to comply with the provisions of Section 7, relevant Laws, or for any reason whatsoever, in its sole discretion. GMX assumes no liability in the event a particular email address is unavailable or otherwise not assigned to you, and does not warrant or guarantee that assigned email addresses do not infringe the rights of third parties, or that you will retain the rights to that email address for any period of time. You waive any and all clams you may have, now and forever, against GMX relating to the registration and use of your email address and agree to indemnify and hold harmless GMX from and against any such claims.
2.2.1. GMX may, in its sole discretion, provide you with GMX Software in combination with Your Services. Upon payment of all fees due and owing to GMX under this Agreement, GMX hereby grants, and you hereby accept, a nontransferable, revocable, non-sublicensable, and non-exclusive license to use the GMX Software and all related documentation for your own personal or business use during the term of this Agreement. Any rights not expressly granted herein shall be reserved for GMX. Source code or other information pertaining to the logic design of the GMX Software is specifically excluded from the license granted hereunder.
2.2.2. Although the GMX Software is generally provided free of charge, GMX reserves the right to charge for the GMX Software or any upgrades therefor at any time.
2.2.3. You recognize that the GMX Software and all related information, including but not limited to any and all updates, improvements, modifications, enhancements, and information related to installation of the GMX Software at your home or office, are proprietary, and that all rights thereto, including copyright, are owned by GMX or, if sublicensed by GMX, by the respective owners of the Software. You further acknowledge that you have been advised that the GMX Software, including updates, improvements, modifications, enhancements, and information related to installation, constitutes a trade secret of GMX, is protected by civil and criminal law, and by the law of copyright, is valuable and confidential to GMX, and that its use and disclosure must be carefully and continuously controlled.
2.2.4. GMX or, if sublicensed by GMX, the respective owners of the GMX Software shall at all times retain title to all the GMX Software and all related information, including all updates, improvements, modifications and enhancements, furnished to you hereunder.
2.2.5. Unless provided otherwise in the specifications for Your Services, the GMX Software supplied hereunder is for the your personal or business use. You shall not permit any third party to use the GMX Software or allow access to the GMX Software from sites outside of your home or business premises except as specifically authorized in writing by GMX. The GMX Software is to be used only for the purposes specified in this Agreement and specifically as restricted in the following three subparagraphs of this Section 2.
188.8.131.52 While this Agreement is in effect, or while you have custody or possession of any of the Software, you will not: (i) reproduce, copy or publicly display, or permit anyone else to reproduce, copy or publicly display, any of the GMX Software, whether such GMX Software is in written, magnetic or any other form, except pursuant to reasonable backup procedures, or for Your use pursuant to this Agreement, nor; (ii) provide or make the GMX Software available to any person or entity other than your employees or agents who have a need to know consistent with your use thereof under this Agreement, nor; (iii) create or attempt to create, or permit others to create or attempt to create, by disassembling, reverse engineering or otherwise, the source programs or any part thereof from the object program or from other information (whether oral, written, tangible or intangible) made available to you under this Agreement, nor; (iv) copy for your own use or the use of others operator manuals, system reference guides, training materials and other user-oriented materials without the prior written consent of GMX. In order to protect GMX's trade secrets and copyrights in the GMX Software, you agree to reproduce and incorporate GMX's trade secrets or copyright notice in any copies, modifications or partial copies.
184.108.40.206 You agree to notify GMX forthwith if you obtain information as to any unauthorized possession, use or disclosure of any GMX Software by any person or entity, and further agree to cooperate with GMX at GMX's expense, in protecting GMX's proprietary rights.
220.127.116.11 Unless agreed otherwise in writing by GMX, the GMX Software may be used only on a single computer or workstation. GMX software designed for use on portable workstations may be installed on both a portable and a stationary computer but may not be used on both simultaneously. You may not install the GMX Software on a network except to facilitate permissible installation of the GMX Software on computers attached to the network. You warrant and guarantee that all users of the Software shall be aware of and comply with the terms of this license.
2.2.6. Certain GMX Software is provided for online use as part of the GMX Services (the "GMX Online Software"). The GMX Online Software is hosted software which runs directly on GMX's servers, and you may not download, install, store or make any copies of the GMX Online Software, nor may you sublicense the GMX Online Software. You agree not in any way to translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market or otherwise dispose of any portion of the GMX Online Software or any copies thereof and not to assist any third party in doing so. The GMX Online Software is designed to be used through the GMX user interface and, as such, may be utilized by any authorized user from any computer or workstation. This license is automatically revoked upon termination of this Agreement. GMX reserves the right to modify or discontinue the GMX Online Software at any time without notice.
2.2.7. GMX may provide its customers with the ability to download certain third-party software (the "Third Party Software"). The license conditions governing the use of the Third Party Software may differ from GMX's own software licenses. Customers of GMX are bound by the conditions of all licenses pertaining to such Third Party Software and should make themselves familiar with their terms and conditions. THE PROVISION AND OFFERING OF SUCH THIRD PARTY SOFTWARE BY GMX DOES NOT CONSTITUTE AN ENDORSEMENT OF THE THIRD PARTY SOFTWARE, NOR CAN GMX MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE AND FUNCTIONALITY OF SUCH THIRD PARTY SOFTWARE.
2.2.8. In the event of termination of this Agreement, or upon any act which shall give rise to GMX's right to terminate, or upon the expiration of the license for GMX Software which is subject to a limited-duration license, any and all licenses granted under this Section 2.2 shall terminate automatically, and you will remove, erase or destroy the GMX Software and documentation and all copies thereof, wherever located, without demand or notice.
2.2.9. GMX may stop providing the Software or any updates thereto, including but not limited to the Third-Party Software, at any time without notice or any further liability to You.
2.2.10. Certain Software (including Third-Party Software) may not be available to International Customers.