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General terms of business (Terms and Conditions)
§1 contract bases
1. For all business relations between the company Detlef Cattle broker 1awww - Internet service provider (below 1awww called(mentioned)) and the customer validly the following general terms of business (below Terms and Conditions called(mentioned)) as well as the information(data) on the web pages of 1awww.
2. Divergent terms of business of the customer does not recognise(accept) 1awww.
3. 1awww is to be changed entitled these Terms and Conditions any time. The change(amendment) becomes effective towards the customer, provided that he does not contradict within 14 days after announcement of the change(amendment).
4. In case of the contradiction it is entitled 1awww to discontinue the contract(treaty) under observance of a term of notice of one month.
5. These Terms and Conditions as well as future changes(amendments) are retrievable any time on the Internet on the sides of 1awww.
6. Customer is to be seen obliged the Terms and Conditions by 1awww as well as the contract appendices concerning the customer and to store away.
§2 right(law) to be applied(exercised)
1. It are worth exclusively in following order:
a) written individual agreements,
b) these Terms and Conditions,
c) the legal(lawful) right(law).
2. A recall(rename) or right of return according to the distant sales law does not exist(consist), as far as are produced by 1awww achievements(performances) by wish of the customer. This counts(applies) in particular with the assignment of the Domainnamen given by the customers.
§3 contract offer and completion of the contract
1. A contract(treaty) comes about only with the written acceptance of the application(motion) by 1awww or by confirmation in electronic form(shape) or with the first fulfilment action.
2. Should achievements(performances) of 1awww be available only parziell, customer also accepts part deliveries.
3. Everything on the web page of 1awww performed(listed) prices are obliging(binding) and not-binding.
4. Customer is obliged to check the confirmation of order on the part of 1awww and to point to possible mistakes and/or discrepancies.
1. With the mediation and/or Vewaltung of Domains is comparatively active 1awww between customer and with the management of the central data banks(bases) to commissioned(delegated) places and their(her) assignment places merely as a mediator(an intermediary) and has no influence on the fact that the Domains applied for the customers can be assigned and/or are freely from right third(third parties). 1awww no guarantee takes over in this respect for this and for the continual continuance(supply) of the Domains.
2. Customer guarantees that of the Domainname of the registration applied by him(it) and the intended use of the Domain the right third(third party) does not interfere with that neither Penal nor penalty regulations are still injured(violated) against other(further) legal(lawful) regulations(settlement) will offend.
3. 1awww is entitled registrations about an admitted Registrar to carry out intertrader or directly(immediately). In this respect count(apply) in addition the terms of business of the Registrars or intertrader. These terms of business are retrievable on the web pages of 1awww.
4. Domains are administered by a huge number more differently of mostly national organisations. Each of these organisations to the assignment of Domains has put up different conditions(terms) on the registrations and management of the Domains and the Domainstreitigkeiten. As far as Domains the object of the contract(treaty) are, validly, therefore, in addition the suitable assignment terms of the in each case responsible organisation.
5. As far as registrations occur(take place) for multilingual Domainnamen, customer is expressly pointed out to the fact that the registrations are not defeated by the control of 1awww and which these can be interrupted without advance advice(without announcement) permanently and/or be changed. The customer takes over all risks that interruptions and/or changes(amendments) can impair the use and/or planned use one or of several mutilingualerDomains or prevent(hinder). The customer recognises(accepts) that the functional way of multilingual Domains does not correspond(fulfil) to the customary(traditional) Domains. To the customer is also known that a multilingualDomain must not function(work) on account of necessary technical innovations.
§5 quarrel arbitration
1. Customer recognises(accepts) that Domainstreitigkeiten are to be cleared according to the arbitration rules laid(put) by the responsible organisation and to be added(settled). The respective rules are published on the web pages by 1awww. The language(talk) of the rules can deviate(swerve) from the Vertragssprache and be written in the respective national language.
2. The customer recognises(accepts) that 1awww is obliged to follow to an arbitration and this can lead to a blockage, deletion or transference(transmission) of the Domain to a third(a third party).
§6 accessibility(approachability) of the on-line systems
1awww an accessibility(approachability) of her(their) on-line systems guarantees basically 7 days in the week and 52 weeks in the year and, besides, all together at the rate of 97% in the annual means. Are excluded from this whole height, nevertheless, all time spans(periods) in which servicing work are explained(carried out) and single or all users on the basis of technical or other(further) problems which do not lie in the sphere of influence of 1awww - of higher power(violence), behaviour of third(of third parties) etc. - on the Internet are not to be reached(arrived). In the case of damage the injured person(party) must prove that 1awww is responsible for failures(losses).
§7 liability limitation
1. For those of 1awww achievements(performances) to be produced a liability(an adhesion) is limited basically to intention(design) and coarse(rough) carelessness(negligence).
2. In case of payable achievements(performances) the liability(adhesion) is limited with coarse(rough) carelessness(negligence) to the amount(sum) of the remuneration in each case to be paid by the customers for the respective achievement(performance) or achievement period.
3. 1awww does not stick(guarantee) for mistake, achievement delays and server failures which lie beyond the sphere of influence, in particular beyond the net and the data banks(bases) of 1awww. Such disturbances entitle 1awww to push out the delivery or achievement(performance) at the duration(length) of the impediment, plus an adequate approach time. Furthermore can limit 1awww the access(approach) to the achievements(performances), provided that the security(safety) of the net company, the maintenance of the net integrity, in particular the avoidance of serious disturbances of the net, the software or stored data(dates) require this.
4. With the access(approach) to the registration system and the claim of services of 1awww the customer, 1awww, agent, partner(mate) commits himself, ICANN which are switched on central register as well as all persons with the registration process to release demands, obligations(liabilities) and/or costs(expenses) from all claims(demands), which are based on the unlawful use of a Domainnamens registered by the customers. Also all claims(demands) are excluded(expelled) in this respect which are to be led back by higher power(violence), interventions(encroachments) of government authorities and administrative authorities, strike, turmoil, war, physical disasters, shortage(scarceness) in general telecommunication services or on similar influence on which 1awww has no immediate influence.
§8 term of contracts(treaties) and ending
1. As far as makes available 1awww services free within the scope of service contracts, these are tellable any time without grounds(establishment) and without observance of a term. Nevertheless, 1awww the notice will explain(declare) in such cases only with an announcement term of one month.
2. With registration or transfer of Domains contract terms as well as lengthening are as a function of the respectiveDomain of 1 - to 10 years possibly.
3. With registered Domains with certain term this is extended by 12 months in each case if the contract(treaty) is not discontinued with a term of 3 months by the respective appointment(date) of the expiry(drain).
4. For the use of web and Mailspace a contract(treaty) is extended with certain term by 12 months in each case if he is not discontinued with a term of 1 month by the respective appointment(date) of the expiry(drain).
A notice for important reason(ground) remains untouched. An important reason(ground) for all services for 1awww is in particular, if the customer
- with the contracts(treaties) in which a least term is agreed with the ZahIung of the remunerations with an amount(sum) at the rate of a monthly fee(charge) more than 14 days in delay gets,
- with the contracts(treaties) which have been closed(concluded) indefinitely with the payment of the remunerations more than 20 calender dates in delay gets,
- offends culpably against duties of the contract(treaty) or these terms of business,
- if evident law offence of the customer is,
- in spite of caution within adequate term Internet pages not in such a way are reshaped that they are enough for the legal(lawful) and contractual requirements(demands),
- offends culpably against the assignment terms or assignment guidelines.
In all these cases all rights(laws) of the customer go out(expire).
5. The customer is pointed out at the latest 30 days before the due lengthening to his(its) payment duty. If the fee(charge) does not come for a lengthening on(in) time before the lengthening, has 1awww the right(law) to put(stop) his(its) achievements(performances) and to extinguish Domains.
6. lm trap of a notice of Domains continues the remuneration claim of 1awww for the registration for the agreed account term in full circumference(size). There occurs(takes place) no proportionate restitution(compensation).
7. For the case that 1awww after the regulations(determinations) of the respective assignment place of certainDomains the registration of a Sub-Level-Domain of the customer cannot maintain it is entitled 1awww to discontinue the contract(treaty) with the customer about these achievements(performances) exceptionally with a term of 14 days at the month end.
§9 data protection
1. 1awww points out to the fact that within the scope of registration procedure the personal data(dates) are passed on stored and into three parts which are involved in the registration. This also encloses the setting(discontinuance) of the data(dates) in freely accessible so-called "WHOIS" data banks(bases).
2. The customer assures that the data(dates) given(declared) by him(it) are right(correct) and entire. With the change(amendment) of his(its) data(dates) in the web interface the customer assures equally that his(its) information(data) is correct and truthful. The information of wrong data(dates) lead to the immediate loss of the rights(laws) of the customer from the service. ln to this case are refunded for no costs(expenses).
3. 1awww is entitled to process the data(dates) of the customers to the consultation(advice) and for the improvement of the offer(supply) of the needs(wants) of the customers and to be of use.
4. The customer has to catch up the right(law) any time free of charge information(inquiry office) about the data(dates) stored about him.
5. The customer agrees with the fact that 1awww to the information and for marketing purposes dispatches E-Mail'sto the e-mail address of the customer.
1. All prices of all achievements(performances) of 1awww are put(stopped) on the web page by 1awww and can be changed there any time.
2. To all achievements(performances) count(apply) always only during the day of the completion of the contract or the contract lengthening on the web page for opposed rates and taxes(controls).
1. Payment by customers can occur(can take place) by by means of PayPal or by transfer. The customer is obliged in general to the pre-payment.
2. Achievement(Performance) by 1awww are only produced after cheque credit or advance transfer of the necessary amount(sum) on the account by 1awww - Besides, all bank fees expressly go to loads of the customer. 1awww the right(law) has to produce, also on not yet occurred(taken place) pre-payment, partial achievements.
3. For everything of 1awww produced achievements(performances) the customer receives once a month a calculation.
4. The customer agrees with the fact that 1awww all calculations make available in the PDF format in the secure area or dispatch by mail.
5. The customer agrees that he loses all rights(laws) to the services of 1awww, provided that payments are claimed back afterwards every single or a credit card enterprise, as well as by credit card deception, with back reservations by payments and in case of from loans(credits) with nonredemption after suitable term settlement by 1awww. In this case 1awww is entitled to take over aloof Domains also in own continuance(supply) or to give a holiday into three parts.
6. If the customer of a sending of a calculation asks by mail, is to be required 1awww entitled for this per sending 5.00 EUR. With back debits or back reservation a handling charge(registration fee) of 8.00 EUR per debit calculates(charges) 1awww plus for 1awww attacked(come at) bank fees which amount at the moment to 15.00 EUR back load.
7. lm trap of an untimely notice of a service by one of the parties is cancelled(omitted) the amount(sum) paid for this and there occurs(takes place) no proportionate restitution(compensation).
8. The pre-payments for Domains which cannot be registered are credited to the account of the customer and are refunded if requested immediately. The customer carries(wears) on restitution(compensation) attacking(routine) fees(charges).
9. Customers must dispose with 1awww of a sufficient(an enough) credit which covers the by contract owed remuneration for the ordered registration or lengthening.
10. If the customer does not dispose of a sufficient(an enough) credit, it is entitled 1awww without holding back other(farther) announcement his(its) achievement(performance) or taking over already registered Domains in own continuance(supply) or giving a holiday. Also in this case the by contract agreed remuneration still(nevertheless) remains owed.
11. 1awww is entitled to close the access(approach) to the services on non-payment of the remunerations, and to require for it(in return) a locking fee at the rate of 25 euros. Also in this case the by contract agreed remuneration still(nevertheless) remains owed. The not usability during the blockage cannot be charged by the customer.
11. Against demands of 1awww the customer can charge only if these demands were not contradicted or if these demands were ascertained legally.
1. As far as achievements(performances) are taken up by 1awww within the scope of Hosting, customer is obliged to mark the opposed contents under information of name and address as own contents. The customer is obliged to mark opposed contents as own contents under information of his(its) entire name and his(its) address on his(its) Internet page in his(its) offer(supply). The customer is pointed out to the fact that a legal(lawful) marking duty going out it can exist(consist), e.g., when on the Internet pages teleservices or media services are offered.
2. The customer may put(stop) only contents which do not offend against legal(lawful) bans, right third(third parties) or against the good customs. In particular there undertakes the customer to offer no pornographic contents. The customer may put down his(its) Internet presence not on searching machines, as far as the customer offends by the use of key words by the registration against legal(lawful) bans, the good customs or right third(third parties). For every(any) case of the offence against one of the preceding obligations, the customer commits himself, 1awww substitute(replace) for the damage(harm) originating from it to him.
3. The customer releases 1awww of all claims(demands), this arise(surrender) from an injury(violation) of the precalled(prementioned) obligations.
4. 1awww is not obliged to check the Internet presences of the customer for possible legal offence. On recognising(seeing) of legal offence or from inadmissible contents it is entitled 1awww to close the presences. 1awww will inform(teach) the customer immediately of such a measure.
5. If 1awww claims(demands) are asserted by third(by third parties) towards because of actual or maintained law breakings, it is entitled 1awww to undertake everything to prevent the delivery of the inadmissible contents.
6. In case of a hacker's attack is released 1awww from any liability(adhesion).
7. To the customer is known that there is no examination possibility in case of an abuse by SMS application. The customer assures that he does not use SMS for unlawful purposes(targets). He releases 1awww from any claims(demands) of third(of third parties) because of unlawful use of SMS. By unlawful use of SMS this achievement(performance) is to be closed 1awww entitled.
§13 duties of the customer
1. The customer undertakes to hold preserved passwords top secret from 1awww for the purpose(targets) of the access(approach) to the services and to inform immediately 1awww, as soon as customer from it attains knowledge that unauthorized third(third parties) the password is known. Should third(Should third parties) use achievements(performances) of 1awww as a result of fault of the customer by abuse of the passwords, the customer sticks(guarantees) towards 1awww on compensation fee and damage substitute.
2. The customer commits himself, without explicit consent of the respective receiver no E-Mail's which contain advertisement(recruitment), to dispatch or to let dispatch. This counts(applies) in particular when concerning(relevant) e-mail with the in each case same(identical) contents is spread massively (so-calledSpamming). If the customer injures(violates) this duty, is entitled 1awww to close the achievement(performance) immediately and to require damage substitute.
3. The customer has to call away in his(its) e-mail post office boxes detailed(incoming) news(messages) at regular intervals from 2 weeks at the latest(most). 1awww is entitled to send back detailed(incoming) personal news(messages) to the sender for the customer if the capacities(authorities) intended in the respective rates are crossed.
4. The customer is obliged to form his(its) Internet presence in such a way that an excess(overstepping) of the agreed load, e.g., by the CGl script which require a high arithmetic achievement or exceptionally a lot of working memories claim, is avoided. 1awww is entitled to exclude(expel) sides which do not do justice(do not meet) to the above requirements(demands), from the access by the customer or third(third parties). 1awww will inform the customer immediately from such a measure.
5. Volume for additional data transfer will make available 1awww within the scope of the technical efficiency of the computer centre and taking into account the achievement obligation towards the other customers for an additional remuneration whose height arises(surrenders) from the in each case valid price-list according to the arrangement.
6. The customer undertakes to pursue no chats on with 1awww stored presences.
§14 final regulations
1. Changes(Amendments), supplements(complements) and notices need the written form.
2. Should regulations(determinations) of these Terms and Conditions be ineffective or become, the effectiveness of the remaining regulations(determinations) is not touched. All clauses whose juridical application(use) because of a juridical mistake or because of invalidity cannot find application(use), should have, as far as possibly, are substituted(replaced) with clauses, the juridical continuance(supply) and correspond(fulfil) to the original intention in the earliest one. As far as allowed, occurred(taken place) a substitute(replacement) of the clauses in the protrudingly described circumference(size) by 1awww.