Policy for @libreoffice.org addresses
This English version of the policy is provided for convenience, and has been translated with best efforts and to the best of our knowledge. In case of a difference between the original and the translation, the legally binding version is the German version.
The Document Foundation (hereinafter referred to as “TDF“) offers communications services to the Board of Trustees and other natural persons (hereinafter referred to as “users”). The use of these communications services is subject to the following terms and conditions:
TDF offers email boxes (IMAP/POP and SMTP), email forwarders, and the following services to its users: Jabber/XMPP and SIP addresses.
These services are voluntary, free-of-charge services provided by TDF. The services may be physically operated by TDF itself or by an outside service provider.
TDF is entitled to cease these services, technically modify them or limit them at any time. Users have no contractual or other claim in respect of these services.
TDF decides about admission and access to the services. No-one has any automatic claim to utilization or admission, nor can anyone claim a particular address.
Provision of the aforesaid services shall not be seen as conferring a service provider or employment status, nor shall it be seen as establishing any other legal relationship with TDF beyond the scope of these terms and conditions.
2. Users' obligations
By accepting a user account for these services herein, end users agree to only make use of the services in compliance with the permitted usages stated herein. Users shall not make any use of or distribute any content through the provided services that would be in violation of TDF's regulations or local or national legislation and regulations, or that TDF's governance considers to be immoral. In addition, users shall refrain from transferring or distributing content through the provided services that infringes any third party's rights - notably as regards copyright and trademarks.
Under no circumstances should content transferred or disseminated via the provided services be perceived as an adoption of the said content by TDF as its own. TDF reserves the right to disable access to any content if the said content exposes TDF to prosecution under enforceable laws, or could render it guilty of complicity in the perpetration of any illegal action.
Every user of the communications services shall hold TDF blameless of all claims filed by third parties in respect of violation of third parties' rights or enforceable legislation in respect of content transferred or disseminated by the aforesaid user. Every service user accepts to compensate TDF for any legal expenses it might incur for its defense, including all court and lawyer's fees.
Every service user will take sole responsibility for the security and backing-up of his/her user data transferred or disseminated via the communications services.
The act of granting a user account for the provided communications services should not be perceived as granting the user a status of representing TDF or an ability to officially act in the name of TDF. Service users are not entitled to represent themselves to third parties as representing TDF or acting on behalf of TDF.
Users shall be truthful in the information that they provide to TDF for the granting of a user account. Users shall keep TDF informed about any changes that take place in the information provided.
Every login name provided for access to the communications services will be unique, and may be used by the respective account holder for legitimate purposes. By accepting a user account, ever user accepts that he/she is under an obligation to protect the confidentiality of his/her login credentials, and to protect the said credentials from acquisition by an unauthorized third party. In the event that a user has any suspicion that his/her login credentials have been used abusively by a third party, the aforesaid user is under an obligation to inform TDF immediately. TDF will freeze access to any account that is used abusively, and reserves the right to change a user's login credentials at any time. If it does so, TDF will inform the affected user immediately.
Users shall refrain from any action that endangers or disrupts the operation of TDF's communications services. Similarly, users shall refrain from accessing any data for which they do not have authorization. In addition, by accepting a user account, every user accepts responsibility for ensuring that the data he/she transfers and disseminates is free of viruses and other malware. Every account user is under an obligation to scan the e-mail messages he/she sends with up-to-date antivirus software beforehand; this obligation also applies to the email attachments he/she sends.
Any privileges or capabilities acquired by a user from TDF due to the granting of a communications services user account may not be transferred or made available to any third party.
3. Liability of TDF
TDF shall only be liable for intent and gross negligence. The services offered by TDF constitute a gift under the terms of German law. TDF will not be liable for loss of data, as it does not provide any data backup mechanisms. In addition, TDF will not be liable for any disruption of the communications network or access to user accounts.
TDF is unable to provide any warranty that the communications services will be available at any time, or that that the aforesaid services always function without limitations. TDF will not be liable for data loss or for inability to gain error-free, fully-functional access.
TDF's communications services are configured to perform automatic filtering for spam and viruses. This filtering is not configurable by service users. Users may make no claims or demands in respect of the aforesaid filtering or any other protective measures. Every user shall be responsible for taking his/her own protective precautions - notably by using up-to-date antivirus software.
5. Duration of services
TDF's communications services will be available for an indefinite period. TDF will be entitled to cancel or terminate the aforesaid services at any time, with a three days notice beforehand.
Notice of cancellation or termination will be served by email. Notice sent by TDF to the last known email address will be considered to have been delivered.
6. Final provisions
Notice of changes to these conditions and policies herein will be sent by TDF to users in written form. If a user does not state objection to the aforesaid changes within four weeks after delivery of the notice, the changes will be considered to have been agreed upon. In the event of a change to these conditions and policies, users will be informed both of their right of objection and of the legal consequences of remaining silent.
The law applicable to this email policy herein is the law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods. The courts with jurisdiction for the settlement of any legal dispute will be the courts of Berlin, unless this conflicts with statutory rules.
If certain provisions of these conditions and policies are invalid or subsequently become invalid and/or are contradictory to statutory rules, the remainder of the provisions shall not be affected. The invalid provision will be mutually replaced by TDF and the user with a provision that comes closest to expressing the original intention of the invalid provision; this rule will also be applied for any loopholes.