Agreement

Moser Informatik, Zurich, Switzerland (hereafter called "the company") allows the user (hereafter called "you") to use their private e-mail communication network PAMHO.NET (hereafter called "PAMHO") according to the terms of this Agreement.

By applying for membership or by being a member of PAMHO, you are agreeing to be bound by the terms of this Agreement. If you do not agree to these terms, the company will not allow you to access PAMHO.

  1. Membership

    The purpose of PAMHO is to provide a way to communicate to those Gaudiya Vaisnava devotees of Lord Krishna who are members or well-wishers of the International Society for Krishna Consciousness (ISKCON), and who are greatly respectful towards its founder acarya, His Divine Grace A.C. Bhaktivedanta Swami Prabhupada. The company reserves the right to judge for themselves if an applicant is in this category or not, and grant or refuse you membership on these terms.

    You should regularly retrieve your mail from PAMHO, or otherwise forward your mail to a valid e-mail address at a mail server outside of PAMHO. If you fail to do so, after eight weeks of inactivity, any new mail to your mailbox that originates from outside PAMHO will be refused, and the sender will receive a message saying that the message could not be delivered because you are absent. Also PAMHO members will be warned of your absence when they try to send you mail. And after two years of inactivity, your mailbox will be erased without further formalities.

  2. Services

    You get a mailbox on PAMHO, and a license to use the COM off-line mail reader software in order to access that mailbox.

    Through your PAMHO mailbox, you will be able to communicate with other members of PAMHO, and will have access to the conferences on PAMHO according to the rules outlined by the organizers of those conferences. You may also subscribe your e-mail address ([email protected]) to mailing lists outside of PAMHO, as well as send mail to and receive mail from standard e-mail addresses of the format name@domain.

    The company reserves the right to refuse or remove mail that, in their sole judgment, they determine to be "spam mail," as well as e-mail messages they determine to be grossly unethical, contrary to their published system regulations, or likely to be in violation of national or international law. They also reserve the right to block mail from sources that send out such mail.

  3. Connection

    You connect to PAMHO with the WinCOM / MacCOM mail reader software, or with any other mail reader software or web browser. For this to function, you must establish an Internet connection through any ISP (Internet Service Provider) of your choice. You must finance that connection yourself. You must do the installation and configuration of the required Internet hardware and software yourself, according to the instructions of your ISP.

    If you forward your mail to an e-mail address at a mail server outside of PAMHO, and the forwarded mail bounces for longer than two weeks, then the forwarding may get canceled.

    E-mail messages that reside on PAMHO (called "texts") expire (are permanently removed) one year after they were posted. If the database becomes full, this time to keep the texts will be reduced, but it will be at least three months.

    Files in your file area (generally sent or received attached files) are deleted when the texts where they are attached to expires.

  4. Conferences

    PAMHO allows for conferences. The company does not charge you for membership of conferences.

    Non-PAMHO users can be members of the conference only if the purpose of the conference is to manage something.

    Each conference has an organizer, who is fully in charge of it. The organizer is responsible for adding and removing members, and may moderate the texts that are posted to the conference as he wishes. The organizer may restrict membership according to certain criteria, which he should make clear in the presentation of the conference.

    Through the WinCOM / MacCOM software, you can join a conference either on your own accord (if it is marked as public), or by requesting its organizer (if it is marked as private).

    By being a member of a conference, you agree to the policies of the organizer regarding everything that concerns that conference. However, if the conference is an ISKCON conference (when the conference name starts with "(ISKCON)"), and you feel that ISKCON law is being transgressed in that conference, then you may complain to the GBC committee for e-mail and web content (if the organizer is not responding to complaints).

    You are free to withdraw from a conference at any time. The organizer also has the right to refuse you access to the conference if you do not comply with its rules.

    You may also host one or more conferences yourself. You become thus known as the organizer of these conferences.

    The mail in the conferences are considered a collection of mail posted by the organizer, therefore the organizer should moderate the conference in such a way that the contents of the mail in the conference matches the standards pointed out in the section entitled "Services".

    The organizer decides for how long texts will remain in his conference before they expire. The default is two months. The maximum is six months. If the organizer wishes, expired texts will move to a file in the file area (one file per month).

    By default, files in the file area of the conference expire six months after the date when the file was last accessed (up- or downloaded). Whoever uploads a file may set other expiration dates on individual files, but the maximum is 18 months.

    If for 18 months no new texts are posted in a conference, then the conference will be erased altogether, along with its file area. A warning will be sent to the organizer one month in advance.

  5. User Support

    The PAMHO SysOps ( ) try their best to answer your questions and help you with problems, but cannot guarantee that they will always reply to every single e-mail they receive, or within a specific time frame. User support is only available through e-mail.

  6. Termination of Contract

    You may cancel your membership at any time. If you wish to remove your mailbox right away, you can request a SysOp to do so. Otherwise, it will be erased after two years of inactivity.

    The company reserves the right to terminate your membership or refuse to extend it. They may exercise this right if they determine, in their sole discretion, that you have violated the terms of this agreement, or that you have unduly infringed upon the rights of other users, or that other reasons make such termination right and proper.

    In the event that the company terminates your membership, they will promptly inform you by sending a notice in your e-mail mailbox and at the latest seven days later, refuse you further access to PAMHO. The company will refund you with what is left of your membership period considering the membership fee which you last paid.

    If the company decides to refuse to extend your membership, they will inform you by sending you a notice in your e-mail mailbox at least eight weeks before your membership period runs out.

    The company will in most cases duly warn you (through e-mail) before taking to the above mentioned more severe actions.

  7. Reselling and Conveyance

    You must not resell or convey this contract and/or access to mailboxes on PAMHO without prior written approval by the company.

    The company remains the owner of all rights to the WinCOM / MacCOM software, manuals, and other information you are provided with. The software may not be modified or decompiled, or used for purposes other than accessing PAMHO.

  8. Limitation of responsibility, Force Majeure

    The company disclaims all warranties, either express or implied, including but not limited to proper working and fitness for the purpose, regarding all its e-mail communication services and accompanying software.

    The company is not responsible for breach of contract in the event of disaster, fire, lightning damage, explosion, war, riots, flood, strikes, or action or negligence on the side of any of the company's government authorities and/or service suppliers.

    In no event will the company be liable to you for damages, including any loss of profits, lost savings, or other incidental or consequential damages arising out of your use or inability to use PAMHO and/or the accompanying software.

    You must guard your password against unauthorized use.

    You are responsible for backing up your mail filing cabinet. The company does not retrieve expired old mail from backups under any circumstances.

  9. Representation and Fees for Spam

    You agree to make sure that your conduct always conforms and will conform to all applicable laws and regulations, and do not and will not violate the rights of any third parties. You agree that you remain legally responsible for any illegal or injurious material you transmit through e-mail.

    Sending of the following types of emails to non-PAMHO addresses is not allowed:

    Texts in conferences of which the purpose is not to manage something, newletters, announcements, any other periodical emails, comments (reply to all) on emails with many receivers, I-have-to-tell-this-to-everyone emails, any email to a person who might report it as spam, hate mail, any undesired email, emails to a group in your address book, or similar.

    If you send out spam mail via PAMHO, you agree to pay the company a fee of 150 CHF for each occurrence. Spam includes all forms of unsolicited mail, i.e. bogus virus warnings, surveys, chain letters, unwanted advertisements, pyramid or "get rich quick" schemes, or any commercially oriented materials not requested by the receivers.

  10. Severability

    If any provision of this Agreement (or portions thereof) will be held to be invalid, illegal or unenforceable either in Switzerland or in your country of residence, the validity, legality or enforceability of the remainder of this Agreement will not in any way be affected or impaired.

  11. Waiver of Contractual Right

    The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

  12. Entire Agreement

    This Agreement contains the entire Agreement and there are no other promises or conditions in any other Agreement whether oral or written. This Agreement supersedes any prior written or oral Agreements between the parties. There are no amendments.

    Because PAMHO has international membership, this Agreement is written in English. As translations to other languages may introduce nuance differences, only this English version is authoritative. You certify that before accepting this agreement, you have understood every detail of this Agreement.

    Any legal disputes must however be dealt with by a court in Zurich, Switzerland.