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General Service Terms and Conditions of WEBPARTNER Kommunikationsdienste GmbH for Domain Parking WEBPARTNER Kommunikationsdienste GmbH, Metzstrasse 14b, 81667 Muenchen, represented by its directors Martin Mueller, Oliver Schnell and Stefan Schuchardt (AG Muenchen HRB 126 699) (in the following referred to as : "WEBPARTNER"), offers individual customers in the sense of § 13 as well as companies in the sense of § 14 of the BGB, with domicile or seat in the German Federal Republic (both in the following known as: "Customer") their online offer via the Internet address www.adegro.de (in the following referred to as: the "Offer") of the possibility of cost free domain parking, in particular through the provision of storage space on domain and name servers (in the following referred to collectively as: "Webpartner Systems"), the use of WEBPARTNER provided websites (in the following referred to as "Websites") as well as the use of certain software for embedding of websites (in the following referred to as: "Embedding Software"), based on the following terms and conditions (in the following referred to as: "ALB"), insofar as WEBPARTNER and Customer have not agreed otherwise in writing in individual cases: 1. Service Content a. The Customer shall be provided with a password-protected account, accessible via the Offer, through which the Customer can manage the underlying domains using the interface provided there (in the following referred to as: "Customer Interface"). When setting up an account, Customer is obliged to provide full and correct personal data and details of Customer's Value Added Tax obligations (in the following referred to as: "Customer Data") according to the guidelines of the registration form and subsequently to keep this data up to date. Each Customer may only open one account. Upon the arrival of the e-mail from WEBPARTNER confirming the application, an individual contract between WEBPARTNER and Customer is established governing the services defined through the Offer. WEBPARTNER has the right to block Customer's account if WEBPARTNER finds out or has reasonable suspicion that either (i) Customer's identity as provided by Customer is false or, (ii) Customer has breached a material obligation, especially the obligations defined in sections 1 d. and 3. a herein or if Customer is no longer contactable via the Customer Data provided by Customer. b. WEBPARTNER shall make it possible for each Customer who has used the registration process in the Offer to store such domains for which Customer has usage and disposition rights in the Webpartner Systems free of charge. WEBPARTNER is free, when such a domain is invoked, to advertise another website at its own discretion, and hereby, at its own discretion, to introduce references to third party offers. Customer is free to transfer one or more domains to other servers at any time. c. WEBPARTNER grants, under the following terms and conditions, to Customer the possibility of embedding Websites and generating advertising revenue from such Websites, on Customer's own domains, which Customer has registered free of charge using the Customer Interface, with the assistance of the WEBPARTNER provided embedding software (the right to embed and use the Websites and use the Embedding Software for this purpose hereinafter referred to as: "Website Use License"). Customer shall have no more rights in regard of the Websites and the Embedding Software as stated before. In particular, Customer may not change the WEBPARTNER provided Websites or use them for purposes out of scope of these ALB. d. The above described Website Use License can be terminated by WEBPARTNER at any time without notice and without giving reasons, by being communicated over the Customer Interface or by e-mail. Upon receipt of the termination, the following Customer rights cease: the right to reference websites provided by WEBPARTNER on the internet in any way; the right to use the Embedding Software or any data provided by WEBPARTNER. If the Customer has generated advertising revenue whilst the usage license was in force via Customer's registered domains, upon termination the Customer's share of the revenue will be paid according to section 3. Section 2.d remains unchanged. e. Furthermore WEBPARTNER shall allow Customer to enter into a database details of domains which Customer wants to offer for sale, in order to offer these domains for sale, and by providing Customer's e-mail address and other contact data to enable Customer to communicate with interested users and other customers. Customer and also users (viewers) of the Offer realise that WEBPARTNER is not acting as an agent in the sale of a domain nor is WEBPARTNER any kind of intermediary in such a sale, over and above provision of storage space, and in particular has no awareness or responsibility for the status and any infringement of rights related to the domain offered for sale by Customer. f. WEBPARTNER's payment obligations are as stated in section 3. g. WEBPARTNER is not obliged to check non-WEBPARTNER domains and their contents for mistakes of a legal, material or logical nature nor for their completeness nor for any legal breaches. h. WEBPARTNER has the right at any time to refuse or terminate the provision of storage space or accounts if and to the extent that, (i) this is necessary for reasons of public security, the security of network operation, the maintenance of network integrity, the interoperability of services, data protection or prevention of spam or computer viruses or, (ii) there is concrete evidence that Customer has breached its obligations as stated in section 2 of this ALB. i. By opening a customer account, Customer indicates Customer's agreement that Customer's data may be electronically manipulated and stored by WEBPARTNER in connection with contract administration. WEBPARTNER has the right to pass on customer data to an undertaking contracted by WEBPARTNER for the purposes of contract administration and accounting. Additionally WEBPARTNER may pass on customer data in cases of failure to fulfil obligations of a sales contract for a domain name, in cases of termination of a domain transfer or if Customer damages the rights of a third party or breaches governing law through its usage of WEBPARTNER's services. 2. Customer Obligations a. Customer undertakes to desist from all unlawful acts, especially immoral, dishonest, trade mark damaging or anti-competitive usage of Webpartner Systems, in particular through storage of domains or contents which damage third party rights or through input of illegal and in particular abusive, racist, pornographic or otherwise objectionable items in the freely definable fields of the websites made available. WEBPARTNER is exempted from all claims by third parties, which are due to unlawful or unfair usage of the services by Customer or follow from Customer's authorisation or which in particular result from a usage of the services which breaches copyright, or competition laws. b. Customer shall ensure that stored domains do not damage the rights of third parties and in particular company, trade mark and copyright rights (hereinafter referred to as "Protection Rights"), and that Customer has checked the domain doesn't breach any laws. Furthermore Customer shall ensure that Customer is the beneficiary owner of the domain name entered, and may freely act as administrative contract partner (admin-c) for the domain. Section 2 a. sentence 3 of this ALB is valid accordingly. Should WEBPARTNER receive any claims from third parties about breaches of Protection Rights, then WEBPARTNER shall be entitled, at its choice, to cut off Customer's usage of the domain (deactivation), so long as the claim by the third party is not clearly unfounded. WEBPARTNER shall inform Customer of such steps in advance, insofar as possible. c. Customer is strictly forbidden from clicking on its own advertisements or engaging third parties or automatic programs or equipment to click on the advertisements which have been placed on the website invoked by its own domain, in order to attain higher advertising revenue than is justified. WEBPARTNER has the right to press charges for any such infringement discovered, in particularly a WEBPARTNER installed Click Tracking mechanism. d If Customer breaches the terms contained in sections a. to c. above, WEBPARTNER may immediately block the affected domains and the remaining Customer domains from access by third parties and/or remove the embedded websites. This shall apply if WEBPARTNER receives concrete information about such a breach, or such an assumption forces itself upon WEBPARTNER or if a third party makes claims of actual or alleged breaches by the domain. e. Any breach of the above section c. shall lead to loss of the rights to payments under section 3 and loss of the right to use the Embedding Software. 3. Handling of advertising revenue earnt a. Customer receives part of the advertising revenue generated by the domains Customer has stored over the Customer Interface. The part of the advertising revenue which is generated from Customer's domain, will be registered by WEBPARTNER and will be credited to the current total of Customer's account which is viewable over the Customer Interface. The credits are updated each working day for the preceding day or, as appropriate, for the preceding weekend or holiday, at a time notified on the Offer. b. When Customer's account credit reaches 100,00 Euro or if the contractual relationship is ended, the amount owed to the Customer will be paid to Customer on the 10th of the second month following the month in which the credit reached 100,00 Euro, using the payment method selected by Customer over the Customer Interface. 4. Chargeable Services by WEBPARTNER WEBPARTNER offers the following supplementary services against payment of the amounts stated on the Offer:
a. Unique Layout
b. Unique Content If Customer is an individual consumer ("Verbraucher") in the sense of § 13 BGB then the following cancellation options exist when "Customised Website" and "Individual Content" have been selected: You can cancel your contract in writing (e.g. letter, fax, e-mail) within two weeks without having to state a reason. The notice period starts on receipt of this instruction in writing but not before conclusion of the contract and also before fulfilment of our information obligations under § 312 c Abs. 2 BGB in combination with § 1 Abs. 1, 2 and 4 BGB-InfoV. Sending the cancellation within this time period is sufficient to verify compliance with the cancellation notice period. The cancellation is to be sent to:
WEBPARTNER Kommunikationsdienste GmbH Consequences of Cancellation In the event of a valid cancellation, both parties must return anything received and if applicable any costs consumed (e.g. interest) must be repaid. If you can't return what you have received or can only partly return it, or can only return it in a worsened state then you must compensate us, if applicable, for the value lost. Any obligations for repayments must be fulfilled within 30 days. The payment period starts for you when you send your cancellation notice and for us when we receive it. Special Notes In the case of a service delivery, your right to cancel disappears if your contract partner has started to deliver the services with your express agreement before the end of the cancellation period or if you have performed them yourself. - END OF CANCELLATION EXPLANATION - 5. Delivery timing of services and availability of Webpartner Systems a. The Webpartner System should be usable for up to 90% of the calendar year once it has been set up. This means that for all Customers the provision of the individually agreed services with the agreed system capacity should be possible for 90% of the calendar year (including day and night, Sundays and holidays). Time limited maintenance down-time and down-time due to Force Majeure, electricity cuts, or down-time caused by any reason outside WEBPARTNER's control shall be excluded from this calculation insofar as WEBPARTNER informs Customer as stated in section 5b. b. WEBPARTNER will inform Customer in a convenient way, over the website if possible, about the type, extent and duration of any service down time or restriction. 6. Validity Period and Termination of individual Service Agreements a. Insofar as nothing to the contrary is agreed in an individual service agreement, the agreements relating to the services described in this ALB shall remain valid indefinitely. Each party may terminate the agreement without notice period. 7. WEBPARTNER's General Liability and Limitation a. WEBPARTNER is always liable to Customer (i) for damages caused deliberately or by gross negligence either by WEBMASTER, their legal substitutes or their delivery assistants, (ii) under product liability laws and (iii) for damages which are the responsibility of WEBMASTER, their legal substitutes or their delivery assistants to the life, the body or the health of individuals b. WEBPARTNER has no liability for slight negligence, unless WEBPARTNER has itself breached a material contractual obligation. c. Any further liability for WEBPARTNER is excluded. 8. Protection of Personal Data, Data Security and IT Security a. In the event of and insofar as WEBPARTNER gains access to personal data of either Customer or third parties in connection with the services, WEBPARTNER will observe the applicable data protection laws. b. WEBPARTNER will in this connection take reasonable technical and organisational measures to secure remaining personal data against misuse, loss and passing on to third parties. This includes in particular using best efforts and so far as possible using reasonable technical and personal efforts to (i) prevent unauthorised persons from accessing data areas in which personal data is stored (ii) to prevent data processing systems from being accessed by unauthorised persons (iii) to take care that those using data processing systems can only access the data they are allowed to access and the personal data cannot be read, copied, changed or removed by unauthorised persons during processing and after storage. 9. Other Terms and Conditions a. Every service agreement between WEBPARTNER and Customer and the contract creation and termination are governed by the laws of the German Federal Republic. If Customer is an individual consumer ("Verbraucher") in the sense of § 13 BGB and Customer's usual place of residence is abroad then compulsory regulations of that country remain unaffected. b. If a term of a service agreement should be or become void then this doesn't affect the effectiveness of the service agreement unless, abiding with the service agreement would impose an unacceptable hardship on one of the parties. c. Any changes or additions to a service agreement must be agreed in writing. This will still be valid even if this section 9.c is changed. d. The place of jurisdiction in relation to a business person, a legal person under public law or a special provision under public law is WEBPARTNER's seat. This rule shall only be binding for Customer. |
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