ANGEBOTE
AGB
 
 
SERVICE
 
§1 Area of Application

§1.10 All performance and deliveries, including all contracts, the subject matter of which is consulting and information provided by Bouncer4You to a contract partner shall be subject exclusively to the following terms and conditions. The contract partners terms of business and purchase shall not be applicable and shall put Bouncer4You under obligation to comply only in the event that Bouncer4You should expressly agree to them and that such agreement is entered into in writing. Bouncer4You offers are not binding; it reserves the right to undertake minor changes. Alteration of these terms and conditions will come into effect 14 days after being made public on our website in case the client does not object the alteration no later than 14 days after the publication.

§2 Contractual Basis

§2.1 Should Bouncer4You submit an individual service offering, it will be based on client?s specifications about his currently used system specifications and/or intended hardware upgrades or administration related issues. The client carries the risk for the fact that the services offered on this basis correspond to his individual wishes and needs. Should the client wish to agree on obligatory specifications, these are to be submitted in writing. Such specifications will come into effect after having been counter-signed by Bouncer4You.

§2.2 Revocation instruction: The client may revoke the contract within 14 days without further statement of reasons. The period starts upon receipt of the login information. Revocation statements have to be transmitted via fax, post or e-mail (scan). The right of withdrawal expires prematurely, should the client take advantage of the provided services prior to the expiration of the withdrawal period. In this case taking advantage means, the client has already created Bouncer/Eggdrops or has already accumulated traffic on his product. A right of revocation cannot be applied on domain registrations. According to Art. 312 b Para. 3 no. 6 (German Civil Code) there is no right of withdrawal or revocation when purchasing domains. Consequently no two-week right of revocation or reclamation period is given. Each domain purchase is therefore immediately committing (referring to Art. 1 Para. 3 no. 6, Distance Selling Act).

§3 Service Liabilities

§3.1 Bouncer4You reserves the right to individually alter or expand the service as far as it is considered necessary in order to improve quality or is required by technical advancement. In addition, Bouncer4You obliges itself to perform those alterations merely in a reasonable scale and by consideration of the common interests of Bouncer4You.

§3.2 Bouncer4You guarantees an 99% accessibility of its servers per annual mean. No liability shall be provided in case of denied server access caused by technical or other problems exceeding Bouncer4You?s jurisdiction (i.e. act of God, etc.). Bouncer4You may restrict accessibility to its services, should the security of the mains operation, maintenance of integrity, especially the avoidance of severe network disturbances, the software or stored data require such actions.

§4 Domains

§4.1 Bouncer4You is authorized to freely offer the domain after the effective contract termination. Therewith all rights obtained through the domain registration are expired. Should the client ? despite multiple reminders ? still delay the payment, we reserve the right to delete, resell or use the domain as we wish.

§4.2 Should single domains of a package be terminated by the client or due to obligatory decisions in domain disputes, the client is not entitled to claim a gratuitous replacement domain. Neither for single domains of a package nor for additionally ordered ones compensation may be claimed when prematurely terminating the contract, except Bouncer4You is to be blamed for the termination. This also applies to other separable single services of a package or additionally ordered options.

§4.3 During the procurement and/or maintenance of domains Bouncer4You will merely act as a mediator between the client and organization of domain assignment. Bouncer4You does not influence the domain assignment. Bouncer4You does not guarantee domains ordered for the client will be assigned and/or assigned domains are free of Third Party rights or will exist in the long term.

§4.4 In case Bouncer4You is not able to register a client?s Sub-Level domain due to restrictions by Top-Level-Domain assigning authorities, Bouncer4You reserves the right to terminate the client?s contract 14 days prior to the end of the month.

§4.5 The client guarantees the domain ordered by him does not violate the rights of any Third Party. Bouncer4You, its employees and assistants as well as the organization for domain assignment are exempted from compensatory claims of Third Parties and expenditures due to the inadmissible usage of an internet domain by the client or approval of the client. With all domain registrations the client himself will always be added as legal domain holder.

§4.6 In case of third parties issuing legal claims towards Bouncer4You concerning actual or predicted legal violations (§11.2), Bouncer4You reserves the right to immediately transfer the client?s domain into custody and delete the client?s content.

§5 Bouncer / IRC - Services / IRC-Server

§5.1 The client can be hold entirely liable for any kind of damage caused which prevents or obstructs the fulfillment of contractual agreements for Bouncer4You.

§5.2 It is strictly forbidden to intervene with the peaceful live together on the internet using Bouncer4You servers. This particularly concerns the IRC (Internet Relay Chat) ? Takeover, -Floods, -SPAM etc. The harassment of other internet users results in an immediate suspension of the services provided by Bouncer4You. In this case Bouncer4You reserves the right to terminate the contract without notice.

§5.3 Bouncer4You reserves the right to suspend any IRC related accounts, especially accounts related to IRC-Shell and IRC services, in the event of a direct, indirect or presumptuous abuse which could lead to disturbances of services. The client can and will be hold liable for damage or costs sustained directly or indirectly due to IRC, for instance DOS-Attacks. Furthermore, already by acknowledging this terms and conditions the client agrees to a personal liability towards Bouncer4You.

§5.4 By ordering and especially using IRC services provided by Bouncer4You, the client assures to have read the terms and conditions (which may be found on our bulletin board) as well as the terms and conditions of the specific IRC network and acknowledged them. Bouncer4You reserves the right to terminate the contract and delete associated accounts with the client without notice in case of a violation of the aforementioned terms and conditions.

§5.5 Bouncer4You reserves the right to suspend shell- as well as botaccounts and terminate the processes run on it in case the client permanently uses an unreasonable part of the servers resources (referring to the current operation, accessibility or integrity of the server, violation of the general behavior rules, attempts to expand own server user rights by force, attempts to pick out other clients? data, attempts to manipulate or view system data, attempts to install, save or execute hacks, cracks, rootkits, trojans or any other related software on the server.

§6 Customer obligations

§6.1 The client is responsible for the syntactic as well as functional correctness of his scripts, programs or configuration files. Bouncer4You is not obliged to offer support in case of deficiencies in functionality of user configuration scripts.

§6.2 The client pledges himself to publish only true and complete information. He assures to inform Bouncer4You immediately about any changes of the submitted information and to confirm the correctness within 14 days after receipt of login information in case of a special request by Bouncer4You. This concerns in particular the client?s company name, managing director or private person, post address, bank account, E-Mail address as well as phone and fax numbers. In case of alteration of these information the client is obliged to submit the corrected information immediately to Bouncer4You. Moreover, this also applies to the entrance of a succession or similar right follow-ups as well as management changes in the company of the client (PLC, etc.). If the customer should not follow these obligations, Bouncer4You reserves itself to terminate the contract without notice after unsuccessfully reminding the client.

§6.3 The client is obliged to inform the provider within 2 days after becoming aware of defects and/or damages. Respectively sending an E-Mail is considered sufficient. If the client should not follow this obligation to co-operate within the beforementioned period of time, the provider is entitled to charge the client for the damage recovery costs. Claim for cost reimbursement is justified if the client acted in the belief the source of the defect laid in the area of accountability of the provider.

§6.4 Should the client be unable to view or immediately settle the invoices transmitted, he is obliged to promptly inform Bouncer4You.

§6.5 The client commits himself keep passwords, provided by Bouncer4You exclusively for using services provided, strictly confidential and inform Bouncer4You immediately in case the client becomes aware that third parties may have knowledge of the passwords provided. If third parties should be able to use services by abusing passwords due to the clients fault, the client will be hold liable for any damage sustained as well as compensational fees. The client shall create complete data backups especially prior to maintenance operations of Bouncer4You or installation of new hardware or software.

§6.6 The client shall not send E-Mails including advertisement of any kind to any recipient without their previous agreement. This especially applies to massively created E-Mails sharing the same content (so called ?spamming?).

§6.7 The client is obligated to design his website avoiding excessive bandwidth usage, for instance due to CGI-scrips requiring high server performance or above average memory load. Bouncer4You shall define the term ?excessive bandwidth usage? and reserves the right to suspend a client?s website in case of violations of the aforementioned. The client will be immediately informed about such procedures taken. Bouncer4You shall reenable the websites if the client proves to have changed them to meet the above requirements.

§6.8 The client is obliged to mark the contents of his website with his full name and address. Such legal marking obligations are a precondition when various forms of media are offered on the website. The clients exempts Bouncer4You from all consequences of any violation of aforementioned obligations.

§6.9 The client may not violate legal regulations, common moral values and third party rights (trademark rights, intellectual property rights, etc.) by using his website, banners shown or usage of his E-Mail address. The client particularly commits himself to not offer pornographic content as well as profit oriented services which do not correspond to German legal rights. The client?s website may not be promoted through search engines when using key words which might violate legal regulations, common moral values or third party rights. Each violation of the beforementioned regulations shall result in a contractual penalty of EUR 5,000.00 (in words: five thousand euro).

§6.10 Bouncer4You is not obligated to check the clients website for possible law violations. Noticing any violation of this kind, Bouncer4You is entitled to immediately delete the specific website. Notification of any changes shall be issued immediately.

§7 Contract Offer

§7.1 The contract will be made for an unlimited period of time, but with a minimum duration of 1 month. The contractual relationship may be terminated by either party 4 weeks prior to the end of the contract. Termination of the contract will only be accepted in writing to the postal address stated in the imprint. If the contract should not be terminated in time it will be expanded by another contractual period which will be announced by Bouncer4You in writing and, therewith, confirmed.

§.2 In case of third parties issuing legal claims towards Bouncer4You concerning actual or predicted legal violations (§9.2 Para.1), Bouncer4You reserves the right to immediately suspend the client?s account. Furthermore, Bouncer4You is entitled to terminate the client?s contract without notice.

§7.3 The right of either party to withdraw from the contract due to significant reasons remains untouched. An important reason is present for Bouncer4You in particular, if the client delays the payment for more than 20 calendar days or violates any of the regulations presented in these terms and conditions.

§7.4 Bouncer4You is not obliged to recompense and/or allocate possible previously made payments.

§7.5 Underage persons may not use the services offered by Bouncer4You without the agreement of a legal guardian. Such agreements are to be transmitted to Bouncer4You in writing. A transmission by E-Mail is not sufficient.

§7.6 In case of a contract termination by Bouncer4You because of significant reasons, Bouncer4You is entitled to request an amount of 75% up to the sum of all monthly charges which the client would have had to settle at due date termination of the contract, unless the client proves Bouncer4You did not suffer any damage or the actual damage is not considerably less than the amount.

§8 Prices and payment

§8.1 Bouncer4You reserves the right to adjust its prices anytime according to economic conditions. Adjustments will come into effect for the client 6 weeks after publication of the specific notification of change.

§8.2 In default Bouncer4You will charge an annual interest of 10% and reserves the right to immediately suspend the client?s websites and the client?s customers websites without notice. The legal prime rate will be set as the minimum interest in any case.

§8.3 Monthly charges are to be paid proportionately and without deductions upon the day of the complete supply until the end of the month. Thereafter, charges are to be paid according to the selected accounting period and receipt of an invoice. The accounting period is dependant on the specific product as well as the selected contract duration and may be selected by the client monthly, quarterly, semiyearly, annually or for two years.

§8.4 Bouncer4You reserves the right to delay the activation of a domain until the agreed payment is made by the client.

§8.5 All invoices will be submitted to the client by E-Mail. When desired a transmission by fax is possible. In case the client requests a transmission by post, Bouncer4You will charge a processing fee of EUR 5,00 per invoice for additional expenditures.

§8.6 The client will be fully charged for unauthorized debit charge backs or failed debits resulting from incorrect bank data. Bouncer4You will charge a handling fee of EUR 15,00 per debit note including additional bank fees.

§8.7 Claims by Bouncer4You may only be answered by the client using uncontradicted or legally valid claims. The same applies to the enforcement of lien (referring to German Civil Code Art. 639 Para. 1 and Art 478 Para. 1).

§8.8 For every reminder sent the client will be charged EUR 10.00. Electronically sent reminders (E-Mail) have to be recognized as binding by the client.

§9 Liability

§9.1 Bouncer4You may only be hold liable for sustained damage in case Bouncer4You or one of its assistants violates contractual regulations or the damage occured can be related to gross negligence of Bouncer4You or one of its assistants. If the violation of contractual regulations should not relate to gross negligence of Bouncer4You or one of its assistants, Bouncer4You?s liability is restricted to the damage which was predictable for Bouncer4You on completion of the contract.

§9.2 Bouncer4You?s liability remains unaffected due to compelling laws.

§9.3 In each case the liability of Bouncer4You is limited to an amount of EUR 150.00 per case of damage.

§9.4 On accessing services and downloading data users adandon any rights which might have evolved by these procedures. Especially users abandon the right for claims of any kind because of any malfunctions on their computer (for instance viruses, darks, bucks, deletions, defects, delays in operation or transmissions, theft, destruction, unauthorized access or alteration of files) as well as violation or damage of their hardware or software due usage of the services provided by Bouncer4You.

§9.5 Bouncer4You cannot be hold liable for any delay and/or failure of services due to act of God and/or unforseeable, temporary interferences which are beyond Bouncer4You?s acting range. Such derogations include official arrangements, strikes, lockouts and legal enterprise-internal Labor dispute measures. Furthermore, this applies to a partly or total breakdown of the communication and network structures or gateways of other hosts or operators necessary for Bouncer4You?s operation maintenance.

§9.6 Bouncer4You does not guarantee and cannot be hold liable for textual, figurative or other contents of third parties (i.e. hyperlinks, E-Mails, bulletin boards) which may be accessible by the services of Bouncer4You.

§9.7 In the application range the telecommunication-customer-protection-regulation (German TKV) the liability regulation Art. 7 Para. 2 (TKV) remains untouched in any case.

§9.8 Bouncer4You cannot be hold liable for undeliverable E-Mails which are filtered by the system as Spam or viruses.

§10 Warranty

§10.1 In the context oft he warranty Bouncer4You may exchange computers, additional equipment and parts of it as well as apply technical changes. Exchanged parts will become property of Bouncer4You, as far as the specific parts were property of Bouncer4You before they were being used.

§10.2 The client shall inspect provided goods immediately after receipt for any defects, quantity variance or wrong deliveries occurred. A partly or totally faulty delivery shall immediately be reported in writing upon discovery. Any defects shall be documented significantly, especially by recording indicated error messages. The client commits himself to independently execute a problem analysis and error correction prior to a notification of defects. The period of notification for defects discovered on examining the goods is one week at the latest. Any other defects are to be reported upon discovery. Should the client be a businessman and fail to immediately or in due time report defects according to form, the goods shall be considered approved.

§10.2 As long as reasonable notice of defect is reported in a proper form, Bouncer4You shall provide replacements free of charge. Bouncer4You reserves the choice to repair the services instead of delivering replacements. Bouncer4You shall be obliged to choose between either no later than 10 days after receipt of the notice of defect. Otherwise the client shall be free to select. On failure of the repairs or sending of replacements the client is entitled to withdraw from the contract or claim a reduction of the price.

§10.3 The client shall, in the context oft he warranty, if necessary adopt a new program update unless it might lead to inappropriate adjustment problems.

§10.4 The client is obliged to support Bouncer4You at correcting faults. The client is responsible for securing and if necessary removing his personal data and programs prior to debugging processes, especially server changes.

§11 Privacy

§11.1 Bouncer4You points out, referring to Art. 33 BDSG, personal data will be stored in the context of the contract closing. Additionally, Bouncer4You points out personal data will be submitted to relevant third parties in the context of the domain registration and used for the domain owner identification including public enquiry options (i.e. whois databases).

§11.2 Bouncer4you explicitly points out protection of data transmissions in open networks like the internet/intranet cannot be guaranteed according to the present state of technology. The client is aware the provider might technically view the websites as well as other stored files on the webserver at any time. Moreover, other users might technically be able to enter the net integrity and seize control of communication unauthorized. The client has to take care of the security of his files and data submitted and stored to the internet/intranet and to webservers himself.

§12 Reseller/Commercial Customers/Trade Partner

§12.1 The same regulations in the context of these terms and conditions apply to resellers, commercial customers or trade partners if not stipulated by Bouncer4You in writing.

§12.2 Bouncer4You is liable for damage sustained by resellers, commercial customers or trade partners only in so far as this would be possible with private persons. Bouncer4You especially dissociates from third party claims, i.e. in this case customers of the reseller, commercial customer or trade partner. Bouncer4You refuses to negotiate with persons which are not a direct contracting party.

§12.3 As reseller, commercial customer or trading partner of Bouncer4You the responsibility of transmitting these binding terms and conditions to your customers lies with you. Any violation of our guidelines will result in a contract cancellation without notice.

§13 Technical Restrictions

§13.1 The client is not entitled, if not ordered seperately, to an own IP-address, physical server for his content or seperately assigned bandwidth (data traffic capacity). Operations are being carried out on efficient centralized units (servers) with respectively one IP-address and bandwidth limitation which might be responsible for fluctuations in the bandwidth assigned to the client.

§14 Final Clauses

§14.1 Any alteration, additions or partly or total abolition of the contract has to be in entered in writing. This applies to the alteration or abolition of the writing requirement as well. If the is client is a businessman or legal entity of the public right, the exclusive area of jurisdiction for all disputes from the present treaty is Bremen. Furthermore, Bouncer4You is entitled to sue the customer at his general area of jurisdiction. To all contracts and claims deriving from contracts of Bouncer4You founding on these terms and conditions applies exclusively the right of the Federal Republic of Germany excluding the regulations to the unified UN terms and conditions about the purchase of mobile things (CISG).

§14.2 If certain rules and regulations of these terms and conditions and/or the contract between Bouncer4You and the client should be or turn out to be non-effective, this state does not apply to any other than that regulation. Rather a compensatory regulation enabling both parties to achieve the previously set economic goals will replace those declared ineffective. Appropriate applies to incompletenesses.

§14.3 Information stated in the website?s imprint referring to legal notices as well as information protection regulations are part of these terms and conditions and mandatorily binding. This also applies to IRC services and Bouncer terms and conditions which may be found on our bulletin board.