Special terms for email lists

Applies from 1 July 2004.

Section 1 - General
These terms regulate the relationship between the Customer and Crystone AB (“Crystone”) for the Email List service (“the Service”) and apply over and above the General Agreement.

Section 2 – Agreement period
This agreement is a supplement to the General Terms and applies during the period the Customer subscribes to the Service.

Section 3 – The Customer’s service liabilities
The Customer must not use the list function for emailing lists for individuals or companies that have not expressly requested it. Regardless of Swedish law, Crystone applies “opt-in” to all email lists.

The Customer is responsible for providing clear instructions to the subscriber on how often the newsletter is issued and what subjects it contains. The Customer is also responsible for providing clear instructions on subscribing and unsubscribing, as well as assisting subscribers who wish to be removed from the list.

Sending letters with offers of sexual services, medicines, or similar subjects is not allowed. It is also not allowed to send pure advertising, despite what subscribers consent to. The service is intended for newsletters and discussion forums, which can contain commercial messages and offers.

If the Customer causes damage or in any other manner gives rise to extra costs for Crystone by using the service, the Customer is liable to reimburse Crystone for such expenses. The Customer is also liable for any legal costs.

Section 3 – Crystone’s service liabilities
Crystone’s liability is limited to the email list administration function. Crystone is not responsible for adding and deleting subscribers even though Crystone reserves the right to, without prior notification, delete subscribers that give notice to Crystone.

If Crystone receives information that suggests the Customer is not following the guidelines as stated in section 3 of this document, Crystone is entitled to delete the email list and all registered addresses without prior notification to the Customer or subscribers. If Crystone receives complaints from newsletter recipients, Crystone is entitled to delete the email list as above without prior notification to the Customer or subscribers. Crystone leaves no guarantees that email will reach the recipient since only a few delivery attempts are made to each recipient.

If Crystone terminates delivery of the service, wholly or partially, due to misuse of the service as per this agreement, the Customer is not entitled to reimbursement for the remaining period and may risk further fees in the form of damages if there are grounds for it in accordance with section 2 of this agreement.

Section 5 – Force majeure
Crystone shall be exempt from liability for damages and other sanctions if fulfilment of the agreement is prevented or obstructed by circumstances such as war, government intervention, civil unrest, energy supply restrictions, labour disputes, embargos, restrictions, revocation of licenses, accidents, unfavourable transport or weather conditions, or non-delivery from subcontractors, which Crystone could not reasonably foresee at the conclusion of the agreement and whose consequences Crystone could not avoid or overcome.

Section 6 - Disputes
Disputes regarding interpretation or application of this agreement shall be determined in the Swedish courts in accordance with Swedish law as per the guidelines specified in the general agreement.