Acceptable Use Policy

General information

The customer of EveryWare AG may only use the services of EveryWare AG for authorized purposes.

In particular, the customer of EveryWare AG is prohibited from misusing the services of EveryWare AG to store or file or transmit, send, distribute or otherwise disseminate or cause to be disseminated any unlawful/illegal, obscene, threatening/threatening, offensive, defamatory, abhorrent/disgusting information, data or other material. As well as to encourage or incite behavior that constitutes a criminal or disorderly act or otherwise violates public safety and order or national or international law. EveryWare AG reserves the right to remove unlawful information, data or other material from its servers or otherwise from its services immediately and without prior notice.

The customer warrants that it will also observe the following special rules of conduct:

Special rules of conduct

System and network security The customer shall refrain from any attempt to circumvent or circumvent the user authentication or the security of a host, network or account ("hacking" and "cracking"). This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account for which the customer does not have explicit access authorization from EveryWare AG and probing the security of the EveryWare network or other networks (e.g. operating a network scan or similar tools). Any network scan or similar scan is considered an active hacking/cracking attempt.

The customer shall refrain from any attempt to disrupt or could disrupt the services provided to users, hosts and networks ("denial of service" attack). This includes, among other things, the "flooding" of networks, deliberate attempts to overload services and attempts to cause a "crash" on a host.

The customer shall refrain from any attempt to use programs, scripts or commands or to send messages that disrupt or could disrupt a user's computer session by any means or via the Internet. In the event of violations, EveryWare AG shall immediately take all actual and legal defensive and/or punitive measures, in particular also claim injunctive relief and damages from the perpetrator(s) and, if necessary, bring the incident(s) to the attention of the competent law enforcement authority. Furthermore, EveryWare AG shall fully support any investigation of breaches of system and network security, even if it is not directly affected, if the competent authorities request EveryWare AG's cooperation.

Unauthorized account or computer use The customer shall refrain from any attempt to use an Internet account or a computer without appropriate authorization by the holder/owner. Such attempts include "social engineering", password cracking, scanning for security vulnerabilities, denial of service attacks (ping flooding, termination of packets with unauthorized packet size, UDP flooding, half-open TCP connection flooding, etc.) and the like. In the event of violations, EveryWare AG shall immediately take all actual and legal defensive and/or punitive measures, in particular also claim injunctive relief and damages from the perpetrator(s) and, if necessary, bring the incident(s) to the attention of the competent law enforcement authority.

In addition, EveryWare AG shall fully support any investigation of violations of unauthorized account or computer use, even if it is not directly affected, if the competent authorities request EveryWare AG's cooperation.

E-mail abuse The customer shall refrain from any attempt to send e-mails to third parties against the declared or presumed will. In particular, the customer shall refrain from any attempt to harass, annoy, offend or otherwise disturb another person by sending or otherwise using an e-mail. This applies regardless of the form, language, frequency or size of the e-mails. The above violations include, in particular, the sending of unsolicited large e-mail messages ("junk mail" or "spam") and the sending of commercial advertising, informative announcements, political writings, etc. The customer may only send such material to third parties. The customer may only send such material to recipients who have expressly requested it.

The above violations also include the sending of chain letters and "mail bombing". The customer shall also refrain from any attempt to falsify information in e-mail headers. The customer shall also refrain from any attempt to use EveryWare AG accounts and services to collect responses to messages sent by another Internet service provider if the corresponding messages violate this Acceptable Use Policy or the Acceptable Use Policy of the other provider.

These rules also apply to other Internet-based distribution media. In the event of violations, EveryWare AG will immediately take all actual and legal defensive and/or punitive measures, in particular also claim injunctive relief and damages from the perpetrator(s) and, if necessary, bring the incident(s) to the attention of the competent law enforcement authority.

Furthermore, EveryWare AG will fully support any investigation into violations of e-mail abuse, even if it is not directly affected, if the competent authorities request EveryWare AG's cooperation.

Important note: E-mails pass through numerous Internet mail servers from their source to their destination. The protection of privacy is generally not guaranteed by the individual mail servers, including those of EveryWare AG. A customer concerned about absolute privacy protection should therefore use an encryption system to make the relevant mails unreadable to anyone who does not have the correct key. EveryWare AG attaches great importance to the protection of its customers' privacy and only checks its customers' e-mails if this appears necessary, taking into account the care required in e-mail traffic - e.g. in the case of troubleshooting/removal of errors in e-mail delivery or if EveryWare AG is obliged to do so due to legal or official measures.