AGB
 
Terms and Conditions
only available in German and English/alleen verkrijgbaar in Duits en Engels


§ 1 Purpose of the Company
  • The purpose of the company is the provision of information and access to the Internet (esp. Usenet). The usage of the service is restricted to private individuals (subsequently referred to as "customers"). The commercial use of the service is not permitted.

§ 2 Warranty coverage
  • 1. The company commits itself to keep the customer data received confidential. Credit card information and other data relevant for payment transactions are exclusively transferred by secure protocols ("secure socket layer" = SSL) and are saved only for billing purposes for the duration of the settlement process.
  • 2. The company is striving to provide its services in the best quality possible, however there can be maintenance work and disturbances reducing the availability to less then 100%. A refund of payments due to operational restrictions is not possible.
  • 3. The company reserves the right to expand or change its services at any time. A change of the range of services is also possible when
    • a) it is in the interest of the company,
    • b) a legislative amendment or a statutory regulation it requires,
    • c) there is a technical amendment making it necessary or
    • d) it is ordered by an authority.
    A refund of payments due to short-term changes of the services provided is also not possible.

§ 3 Customer duties
  • 1. The customer confirms by his order his legal age and commits himself to deny minors the access to the service.
  • 2. The customer himself is responsible for the data sent by him and published on the Internet and also guarantees that no third party rights or laws are violated by the data sent by him. The customer is personally liable for the resulting damage.
  • 3. The customer commits himself to observe, beside existing laws, especially applicable copyright laws in the case of downloads of corresponding data and to pay the according license fee.
  • 4. Without the prior permission expressed by the company the customer is not entitled to transfer rights or obligations of the contract to a third party. User IDs and passwords received by the customer are to be kept secret.
  • 5. The company may at any time transfer or assign rights and obligations of the contract to a third party. The customer expressly grants his approval to this. As long as the customer is not informed about the transfer he is entitled to pay with discharging effect to the company.

§ 4 Right of withdrawal
  • 1. The company reserves the right to lock the customer access even after the contract is concluded for reasons making the fulfillment of the contract for the company unreasonable. This is especially the case if the customer violates the copyright, as well as provisions of competition, the press, criminal or other provisions.
  • 2. The customer has the right to be informed about the reasons for the rejection. If the customer can't exclude the reason for barring he is entitled to claim the recovery of payments. If the company is not responsible for the unreasonableness of the fulfillment of the contract, then the costs already occured to the company are to be deducted from the recovery of payments. Additional claims of the customer are ruled out. In such a case, if there are still no payments carried out by the customer, the company may claim the replacement of costs already incurred.

§ 5 Cancellation and termination
  • 1. The cancellation of orders by customers is basically possible and must be in written form.
  • 2. A termination of the contract is not necessary, if the duration of the product is not automatically renewed (subscription). Such notice shall be the end of the current month.

§ 6 Prices
  • 1. The price lists valid at the time of the conclusion of the contract are applied, provided there is no individual agreement arranged.
  • 2. Alteration in prices are possible at any time and do not affect the earlier agreements.

§ 7 Area of application
  • 1. The following conditions apply for all the initial, ongoing and future deals closed/to be closed with the company. The company doesn't recognize conditions of the client which deviate from the present general terms and conditions of the company. They are even not part of the contract if the company doesn't explicitly object.
  • 2. With the issuance of the order the exclusive validity of these terms and conditions are recognised by the customers.

§ 8 Conclusion of contract
  • 1. A contract between the company and the customer arises either from a written confirmation by letter, fax or e-mail from the company or by fulfillment of the contract by the company. The company has the right to decline orders not yet confirmed even without stating a reason.
  • 2. Orders and contract changes of orders already confirmed orally stated by the customer become only operative if they are confirmed by the company in writing.
  • 3. The price lists of the company valid at the time of the conclusion of the contract are applied.

§ 9 Liablility
  • 1. The company is not liable for the uninterrupted accessibility of the service and provides no guarantee for the transmission speed.
  • 2. For damages, for whatever legal reason, the company is only liable in the case of intention, gross negligence and lack of a guaranteed property. This also applies to performing or vicarious agents and legal representatives of the company.
  • 3. In all other cases the company is only liable if essential contractual obligations (cardinal obligations) are violated. The compensation is restricted to the typically foreseeable damage. A balancing of atypical or unforeseeable damages will not be provided.

§ 10 Exclusion of liability
  • 1. The company is not liable for damages caused by the use of the service by the customer.
  • 2. The company is not liable for the actuality, accuracy of content and completeness of information entered into the Internet (esp. Usenet).
  • 3. The company itself stores no information from the Internet (esp. Usenet), but only provides access to a system in which data from other systems which are interconnected are processed automatically.
  • 4. The company has no influence on the design and contents of third party data from the Internet. It therefore dissociates itself from all external content, even if there are links set by the company to these external sites. This applies to all links shown on the homepage and all the content of pages to which banners and links lead, as well as for foreign entries in the guest books installed by the company, discussion forums and mailing lists.
  • 5. Violations of applicable law can be reported at any time.

§ 11 Copyright
  • The home page layout is protected by copyright. A reproduction or use without the express permission of the author is not permitted. All rigths reserved to the company.

§ 12 Place of Performance and jurisdiction
  • 1. Place of performance and jurisdiction is, to the extent permitted by law, the place of the company. The company, however, is eligible to submit claims against the contracting entity at any other court having jurisdiction.
  • 2. German law is applied to the cotracts.

§ 13 Other
  • 1. Changes or additions to the contract must be in writing for legal effectiveness. Oral ancillary were not taken.
  • 2. Should individual parts of the terms and conditions preceding be or will be ineffective, then the remaining provisions of these terms and conditions remain fully effective.

§ 14 Payments
  • 1. Invoices are to be settled immediately after their receipt without any deduction on one of the companies specified account. The deduction of discount requires specific written agreements.
  • 2. Is the fulfillment of the pecuniary claim endangered because of a deterioration of the financial situation of the customer emerged after conclusion of the contract, the company can stop the service until the payment ist made or it may require advance payments or other guarantees for further service, even if conflicting with earlier agreement, .
  • 3. If the customer is wholly or partly in delay of payment, he has to pay default interest equal to 5% annually above the ECB's base rate from that time on, as far as company doesn't prove a higher damage.
  • 4. The company is entitled to claim advance payment and provide service only after receipt of the invoice amount

Oberursel, 17.08.2008

ver. 2.0, 08/2008
 
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