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Home » Legal Info
 
 
Legal Info

General Standard Terms and Conditions of the Inter.net Germany GmbH

1. Validity and changes of the General Standard Terms and Conditions

    1. This General Standard Terms and Conditions („GTC“) regulate the contractual relationship between the customer and Inter.net Germany GmbH („ Inter.net“). All services provided by Inter.net are carried out on the basis of this GTC. They are an essential integral part of the contract of the relationship between Inter.net and the customer. As far as different arrangements are made by Inter.net in service specifications, price lists, special terms and conditions („STC“) or in separate agreements for certain services, these are additionally valid prior to these GTC.

    2. Inter.net reserves the right to amend these GTC, STC, specifications or price lists at any time. This is particularly valid when a change becomes necessary due to legal regulations and framework conditions or due to a change of the business operations or lines of business of Inter.net. The changed regulations replace previous regulations and are also considered as agreed for existing business relations. Inter.net will inform the customer in suitable form on time in adherence to a time limit of at least 6 weeks before such changes will come into effect.

    3. If changes are carried out to the disadvantage of the customer, the customer is authorized to withdraw from the contract in writing within a period of two weeks at the time the change is coming into effect. With this communication Inter.net will inform the customer on the changes to this right of termination. If the customer would not make use of his right of cancellation, he then recognises the changes by further usage of the services of Inter.net. Further rights of the customer are excluded. In case of cancellation, Inter.net can decide whether the change is taken back for the terminating party and whether the contractual relationship will continue on the previous contractual bases. Due to an adverse change of price the customer is entitled to the right of termination only according to paragraph 4 of this GTC.

    4. If no cancellation is made in due time the changes are valid from the date of coming into effect.

    5. For new contracts always all GTC, STC, price lists and service specifications apply that are valid at the time of the application. The previous regulations lose their effectiveness when the new regulations are coming into force.

    6. GTC, STC, price lists and Service specifications in their respectively valid setting as well as announced changes are sent on request against an expense allowance or can be called over the Internet portal by Inter.net.

    7. Different agreements are only legally binding if they were confirmed by Inter.net in writing. Business conditions and contract terms of the customer are hereby particularly contradicted. The GTC and STC of Inter.net are also exclusively valid if Inter.net unconditionally provides services in knowledge of contrary business or terms and conditions of the customer.



2. Conclusion of Contract

2.1. A contract between Inter.net and the customer will only be effective with the acceptance of the application of the customer by Inter.net.

2.2. The acceptance is made by a written confirmation or the provision of the services. Inter.net explicitly reserves the right to accept the application. All offers of Inter.net are without engagement and are subject to confirmation as far as they are not specifically described as mandatory.

2.3. Inter.net reserves the right to reject the acceptance of the customer’s application, especially if the customer
does not agree to a credit standing examination or if this turns out negative,
is in delay with obligations from other existing or previous contract relationships with Inter.net.

2.4. The customer is bound to his application for a period of 2 weeks from the date of application.

2.5. Inter.net completes a contractual relationship with minors only under consent of the legal representative of the minor.

3. Terms of a Contract, Object of Performance

3.1. Within the contractual relationship, Inter.net is offering access services to the internet for the customer, including corresponding additional demand and services. The exact content of the services to be rendered arise from application forms, performance specification, STC as well as according to the following regulations. Inter.net offers his services within its possible and reasonable technical, economical and operational possibilities.

3.2. Under the protection of legitimate interest from the customer and under compliance with an announcement period of 3 weeks Inter.net reserves the right to change, to enlarge or to stop single services. Inter.net can carry out improvements, expansions and adaptations of the performances to the state of the art or other changes at any time without observance of an announcement period as far as the identity of the services remains intact.

3.3. As far as Inter.net performs services voluntarily and free of charge, these are merely representing a gratuitous service and will not become objects of the contract. No legal right should be constituted. These gratuitous services could be limited, stopped or exclusively provided for chargeable usage at any time. Inter.net will inform the customer in an appropriate manner on time before such changes are coming into effect. There won’t be any duty for price reduction, refund or indemnity for Inter.net. In this case the customer won’t be entitled to the right of termination.

3.4. Under the protection of legitimate interest of the customer, Inter.net is entitled to completely or partly make use of appropriate qualified third parties acting as auxiliary person (subcontractor, free employees) for the provision of single services. There won’t be any contractual relationship between the customer and the third party.



4. Prices, Price Changes

4.1 Prices for the agreed services result from the respective offer or possible price lists of Inter.net. All amounts owed by the customers are due for payment in Euros. Unless otherwise agreed, they do not include packing, freight, shipping, insurance and customs ex business location of Inter.net plus legal value added tax valid at invoicing.

4.2. As far as Inter.net provides services within a permanent contractual obligation, Inter.net is at any time entitled to change the amount of the prices one-sided by a written explanation towards the customer at the beginning of a calendar month under observance of an announcement period of 3 months. As far as the change of the price is more than 10 per cent of the invoice value of the respective service, the customer is entitled to terminate the contract in writing from receipt of the notice on the price increase within a period of one month at the date of the rise. Inter.net will advise the customer of his right of termination with this notice on the increase. Further rights of the customer are excluded. In case of cancellation Inter.net can decide whether the change will be withdrawn for the customer cancelling the contract and whether the contractual relationship will be continued on the previous contractual bases. If no cancellation is carried out within the time limit, the increased prices are considered as agreed from the time of coming into effect.

4.3. Price increases known at the time of the conclusion of contract (e.g. expired limited contracts, combined rates, reduced economy price) do not require any separate notice and do not cause any right of cancellation of the customer.

5. Date of Deployment and performance periods

5.1. Stated dates of deployment or performance periods are without commitment, provided that they were not explicitly described as mandatory.

5.2. As far as Inter.net fundamentally complicates the provision of the contractual services by unforeseeable events (e.g. strike, shutout, war, internal unrest, acts of god etc.) at Inter.net or suppliers of Inter.net or if this gets impossible and cannot be averted by Inter.net with the reasonable accuracy by force of circumstance, agreed dates of deployment and performance periods are extending by the period of these events and by an adequate lead time. During this time, Inter.net is free of the contractual obligation.

5.3. Agreed dates of deployment und performance periods are only valid if the customer on his part attended to all his incumbent duties completely and on time.

6. Availability of the services

6.1. A completely uninterruptable provision of single services, particularly the coniuous accomplishment of connections or the constant retention of a certain data throughput cannot be ensured, especially as this depends on factors that are not in the business sphere of Inter.net.

6.2. Inter.net ensures a net technical availability („Connectivity“) of the servers of 98.5% in the annual average operated by Inter.net. This availability exclusively refers to the operation of the soft and hardware of Inter.net. The customer is obliged to report recognizable disturbances or interruptions of the availability to Inter.net immediately after notice within 7 calendar days at the latest.

6.3. Downtimes and inferior availabilities described in the following are excluded from the ensured availability of the servers. These are considered as a proper delivery and are not charged to the time impacting the availability.
Downtimes not to be held responsible for
Downtimes in which the availability of the server of Inter.net is affected due to technical or other problems that are out of the responsibility of Inter.net (i.e. force majeure, faults of third parties)
Downtimes of less than 10 minutes per day
A downtime is scheduled from the time it has been reported to the technical support of Inter.net until its elimination.
Planned Downtimes
Non-availability of the servers of Inter.net in the case of planned maintenance work (e.g. release change, database or hardware maintenance) not longer than 24 hours in the annual average.
Planned maintenance work will be announced to the customer by e-mail under specification of the expected duration not later than 48 hours before the beginning of the planned maintenance work. If the end of the planned maintenance work is reached, a final notification will be sent to the customer. Inter.net will aim to carry out planned maintenance work outside the main utilisation period of the services of Inter.net by the customer.

6.4. Inter.net can restrict the access to its services provided that it is required by the safety of the mains operation, the retention of the net integrity, particularly the avoidance of serious disturbances of the nets, the software, the stored data or the interoperability of the services or the protection of data security.

7. Internet Access

7.1. As far as Inter.net provides access for the use of the data and information network of Inter.net as well as the internet to the customer this is exclusively carried out via Dialup server, Internet portals and web server predefined by Inter.net.

7.2. The customer is allowed to simultaneously use an internet access provided by Inter.net with several persons. If the customer got a user name for the use of the internet by Inter.net, a multiple access of the internet access for several persons under simultaneous use of this user name is interdicted.

7.3. At present, the transmission of data via the internet is exclusively carried out under use of the protocols and standards which are based on TCP/IP (transmission Control Protocol/Internet Protocol).

7.4. The data, files, programs, texts, transmitted pictures, video and audio files that are transmitted to and from the customer via the internet access are not subject to any control of Inter.net particularly not with respect to the content of damage causing software (e.g. viruses etc.).

7.5. Inter.net does not take any liabiliy for the completeness or correctness of information and contents obtained from the internet portal of Inter.net or by third parties.

7.6. The use of chargeable offers of third parties that are available over the Internet portal of Inter.net constitutes a contract relationship exclusively with these third parties for which fulfillment Inter.net does not take any liability.

7.7. The customer is specifically advised to the risks in connection with the internet access (e.g. leakage of data, loss of data due to viruses, hardware damage by attacking from the internet etc.). The customer himself has to take precautions against such dangers especially by frequently backing up his data.

7.8. Sensitive data have to be encoded or otherwise protected in a suitable form against unauthorized access of third parties. In case of data mining and an abuse of these data there is no liability on the part of Inter.net. The transfer of data via the internet is exclusively carried out on the risk of the customer.

8. Website

8.1. As far as Inter.net allows the customer to create a website in the internet via the services of Inter.net the customer needs to ensure that
the design of his website won’t affect or change the network of Inter.net, connected networks or third parties,
the website does not contain illegal or immoral content or refers to such contents,
contents that fall under the Youth Protection Act (JuSchG) or that lead to the impairment of well-being or moral danger to children and young people are protected by appropriate technical measures against the transmission and attention of these contents to persons under age
these contents do not infringe the rights of third parties, particularly national or international copyrights or industrial property rights like brands, taste samples or patents as well as personal rights of third parties,
he has the necessary regulatory approvals as far as he offers services or goods on the website.

8.2. The customer is solely responsible for the content of his website and also for reference to other contents. Such contents are foreign content for Inter.net within the meaning of § 11 of the Law of “Nutzung von Telediensten” (TDG) and §9 of the “Medienstaatsvertrags über Mediendienste” (MDStV). In this regard, Inter.net does not have any duty to control the contents of the customer and to detect whether these are containing illegal or immoral content, as far as Inter.net is not committed to any other legal regulations

9. Email

9.1. As far as the customer gets the opportunity by Inter.net to take advantage of an e-mail access over Inter.net, the customer needs to ensure that
the quantitative and maximum size limit to send eMails over his email access is observed,
emails sent over his email access do not lead to a damage or change of the network of Inter.net, connected networks or third party,
the appropriate interdictions regarding the unrequested sending of e-mails via his access (“Spamming”) are observed,
no mails with illegal content are sent via his access.

9.2. In case of an extension of the quantitative limit Inter.net is not committed to send the surplus mails.

9.3. Incoming emails will be kept in the inbox folder of the customer for retrieval for 90 days.

The customer needs to ensure that he regularly checks his inbox to ensure that the storage space of his incoming mail folder has sufficient space for incoming email so that he is aware of the incoming content. Emails that exceed the volume of the incoming mail folder will not be accepted by Inter.net.

9.4. The customer alone is responsible for the contents of the e-mails transmitted by the email account of the customer.

10. News-Server

10.1. As far as the customer gets the opportunity by Inter.net to use the news server of Inter.net, the customer needs to ensure that
messages that are distributed via his access do not lead to damage or change of the network of Inter.net, connected networks or third party neither by contents, quantity nor size,
messages that are distributed via his access do not have any illegal contents and that he also does not release messages with illegal contents,
he only publishes his messages in the correct groups.

10.2. The granting of the access to the news server of Inter.net is a voluntary additional service of Inter.net (para. 3.3.). Inter.net is not obliged to keep certain news or news groups on the news server. However, Inter.net is entitled to delete or to add news or news groups at any time. This does not require any separate notice.

10.3. The customer alone is responsible for the contents of this news transmitted by the email account of the customer.

11. Domain

11.1. If inter.net is assigned by the customer according to the application form or the service specification for the registration and hosting of a certain domain, Inter.net acts on behalf and by order of the customer towards the respective responsible registration authority and administrative office. All contracts concluded for registration are exclusively signed between the customer and the respective responsible registration and administrative office. On each domain a particular contract is concluded between the customer and the respective responsible registration and administrative office.

For these contracts the GTC and otherwise provided regulations of the respective responsible registration and administrative office are valid. The contractual relationship between the customer and the respective registration and administrative office will remain unaffected from the termination of the contract between Inter.net and the customer.

 

11.2. During the term of the contract between Inter.net and the customer all costs for registration and hosting are covered by the fee as agreed with Inter.net.

11.3. Inter.net does not guarantee that a domain name requested by the customer may be registered as a domain. There is no entitlement to a particular domain. A verification on the legal admissibility of the domain is neither owed or done by Inter.net nor by the respective responsible registration and administrative office.

11.4. If a domain is registered for the customer, website or e-mail access will be provided under this domain on request of the customer. Para. 8 and para. 9 of these terms are valid accordingly.

11.5. If Inter.net offers to the customer the possibility to continue an already registered domain with another provider on the name of the customer, all costs arising from the take-over of the domain to Inter.net from the other provider are borne by the customer. Conversely upon written request from the customer Inter.net will for free release a domain requested on behalf and by order of the customer for the purpose of continuation with another provider if the due fees are paid in full.

11.6. The customer will cooperate at take-over, registration, change or deletion of a domain within the requested scope and will give all necessary statements.

12. Access Codes

12.1. As far as the customer requires access codes or dialin codes for the use of services provided by Inter.net, these will be sent to the customer electronically or by mail. Inter.net indicates that the security of a shipment, whether electronically or by mail, is not guaranteed.

12.2. Access codes or dialin codes are any combinations of letters, numbers or character strings like PIN or passwords which are necessary to exclude the use of the services of Inter.net by unauthorized third parties.

12.3. Access codes may not be passed on to third parties. The customer has to protect all access codes for the use of the services provided by Inter.net against unauthorized third parties. For safety reasons the access codes must be changed by the customer in regular intervals. The change can be made by the customer online via the Internet portal of Inter.net at any time.

12.4. If there are concerns that third parties have gained unauthorized knowledge of access code, the customer has to inform Inter.net immediately and needs to arrange for a change of these access codes. The costs for the blocking or the changes of access codes will be charged to the customer unless Inter.net is responsible for the necessity of the blocking or change. Unless otherwise agreed, Inter.net is charging an amount of EUR 25.00 net in each case.

12.5. The repeated entry of an incorrect access code can lead to a blocking of the services of Inter.net this access code is valid for.

12.6. Damages that are resulting from the fact that the customer infringes his obligation to carefully keeping safe his access codes are to be borne by the customer.

13. Duties of the customer

13.1. The customer has to arrange for all necessary conditions within his responsibility, operational area or in the area of his apartment in time, in particular professional qualifications and technical equipment such as hardware or software or other functions at his own risk and expense which are necessary for the proper provision of the respective services provided by Inter.net. Unless otherwise agreed, Inter.net does not accept any responsibility that the functional requirements for services of Inter.net are possible based on the conditions provided by the customer. The customer has the responsibility to ensure that
the necessary telecommunicative connection is available,
there are no obstacles to the performance of any possible contracts with third parties (eg tenancy agreements), legal or regulatory provisions,
if the customer placed an order for the installation of technical equipment with Inter.net, the employees or agents of Inter.net need to get access to the rooms where the technical equipment should be installed by prior arrangement. All necessary information and documents should be provided that are necessary for the proper provision of the services by Inter.net,
when ordering an installation, one or more contact persons need to be named to Inter.net that are available for Inter.net and authorized for the customer to give binding declarations that are required for the delivery of the service,
technical equipment has to be installed carefully after the delivered installation instructions if no installation was ordered.
only such technical devices are used that correspond to the relevant regulations and do not lead to any damage or change of the network of Inter.net, corresponding networks or third parties,
ancillary services such as sufficient power supply, electrical grounding, potential equalisation, lighting, indoor temperature and humidity that are necessary for the installation and operation of technical equipment are provided at the expense of the customer for the duration of the contract.

13.2. In case of breach of the obligation to co-operation the customer has to separately replace the vain additional expenses to Inter.net including all costs for providing material and personnel which was caused by the breach of the obligation to co-operation.

13.3. The customer also needs to refrain from any illegal acts, breach of contract or improper use of services provided by Inter.net. Reference is made to the regulations on individual services in these terms of Inter.net (in particular para. 8.1., para. 9.1. para. 10.1.) They are valid accordingly. In particular, the customer,
has to to refrain from any intervention to the network of Inter.net or connected networks and also to not make any changes to the physical or logical structure of the software or the operation system and to not use equipment, software or other actions that could lead to such changes;
has to refrain from the distribution from damage causing software or other programs (e.g. viruses, worms, trojans etc.) over the services of Inter.net;
has to refrain from excessive usage or other measures which are appropriate as destination or initial point that leads to a malfunction of Inter.net or that leads to interfere, to affect or to wholly or partially exclude the provision of services of Inter.net towards third parties;
has to refrain from the examination of safety precautions for security gaps(„Port scan“) (on all systems, networks, hosts, accounts or other subsystems) from Inter.net, customers of Inter.net or other users of the internet;
has to refrain from the endangering of ongoing operation and the system security of the network of Inter.net or connected nets as well as the avoidance of safety regulations („Hacking“, „Cracking“);
has not to intervene in any of the services („Denial of Service Attacks“);
has to refrain from the harassment or threat of third parties by creating or forwarding of chain letters ("junk mail", "spam"), making available, transmitting or distributing pornographic scripts and scripts with youth endangering content and glorifying violence and war to underage persons as well as releasing, providing, saving or making availabe any scripts which goad to racial hatred, recruit for terrorist groups, request for criminal acts or contain defamatory statements or other illegal or immoral content, or the simple reference (hyperlink) to such contents or scripts;
has to refrain from purchasing, installating, using or providing software, files, information or other contents on services provided by Inter.net for which he does not have the necessary rights or which are infringing the rights of third parties, especially national and international copyrights or commercial intellectual property rights, such as trademarks, industrial designs or patents and personal rights of third parties. He also has to refrain from accessing to information which are not destined for the customer;
has to refrain from any actions or behaviors with a comparable effect or target course to one of the above described behaviors.

13.4. Inter.net is entitled to block the access to an offer of the customer that contains illegal or immoral content without prior notice at any time or in this case to exclude the customer from the use of the services provided by Inter.net. In case of an authorized blocking or exclusion the customer has no claim for damages.

13.5. If the customer incidentally continues to infringe the above mentioned duties despite warning of Inter.net, Inter.net is entitled to completely or partially exclude the customer from the use of the correspondent service of Inter.net, or to extraorinarily terminate the contract prior to warning and threat of consequences.

14. Use by third parties

14.1. The customer is not authorized to share the services provided by Inter.net with any third parties for use or especially to resell, unless otherwise agreed. Third parties are also related companies in the sense of § 15 Aktiengesetz (AktG).

14.2. If the use by third parties is authorized, the customer has to instruct these third parties on the use of the services provided by Inter.net in an appropriate manner. The customer has to explicitly advise the third parties of the duties according to para. 13.1., para. 13.3. of these GTC. The customer remains the solely responsible contractual partner of Inter.net.

14.3. As far as the customer uses the internet access of Inter.net to keep services for use by third parties by himself or to provide the access for the use of these services, he has to add an identifier of the provider to these services according to § 6 TDG and § 10 MDStV.

14.4. The customer has to take reasonable arrangements to ensure that children and young people cannot use services of Inter.net to get promote access to pornographic scripts, scripts containing youth endangering content and violence and war as well as scripts which goad to racial hatred, recruit for terrorist groups, request for criminal acts or contain defamatory statements or other illegal or immoral content.

14.5. The customer also has to carefully protect services provided by Inter.net from unauthorized use by third parties without authority. An unauthorized use of the services provided by Inter.net by third parties does not absolve the customer from the obligation to pay the incurred fees as far as he is responsible for the use.

15. Accounting

15.1. The used services of Inter.net, no matter whether they are used by the customer himself of by authorized or unauthorized third parties will be settled on a monthly basis. The accounting period is between the first and last day of a calendar month. All connections to the internet that are passing the date limit on the last day of an accounting period will be transferred to the following accounting period.

15.2. Agreed basic fees are due for payment in advance on the first of evey calendar month. If the contract begins or ends within an accounting period the basic fees for his period is to be paid pro rata per day in relation to 30 days.

15.3. Inter.net issues an invoice to the customer. The invoice will be promptly sent electronically to the customer for the respective accounting period and is due for payment immediately without deduction. Inter.net is entitled to also provide the invoice via secure access in the internet portal of Inter.net for retrieval by the customer.

15.4. The customer is also engaged for payment resulting from authorized or unauthorized use of the services of Inter.net by third parties unless the customer provides the proof that he is not responsible for this use.

15.5. The invoice will be issued in writing and sent postally only on special demand of the customer. The customer has to pay the costs for the sending by mail. Unless otherwise agreed, Inter.net is billing postal charges and a lump-sum payment of EUR 2,50 net per sending.

15.6. If a credit arises for an accounting period in favor of the customer, this will be balanced to the customer for the following accounting period. Unless otherwise agreed, all credits will be charged against the claims of Inter.net independent of the legal position against the customer. In this respect the credit won’t be disbursed.

15.7. All fees that are claimed by Inter.net from the customer will be collected by direct debiting system. The customer will place a collection authorisation. The customer will get a period of 5 working days between receipt of the invoice and the collection of the invoice amount to verify the invoice and if necessary to make sure that the bank account from which the invoice amount is debited has enough coverage.

15.8. As far as costs for return debit notes incur for Inter.net that are not accountable for Inter.net, these costs are to be reimbursed by the customer unless the customer has demonstrably observed the necessary accuracy or if the costs would have been incurred also when observing this accuracy. Unless otherwise agreed, Inter.net is invoicing
EUR 8,50 net for every return debit note.

15.9. The customer has to claim any exceptions against the content of the invoice without delay in written form against Inter.net, within 6 weeks at the latest from receipt of the invoice. Elsewise the invoice is deemed to be approved. The customer is explicitely advised of the deadline and the consequences for the miss in every invoice. Indispensable legal claims for exceptions after the deadline remain unaffected. If the customer cannot keep the deadline for reasons he is not responsible for he needs to enforce his exception within the course of 14 days.

15.10. The data saved for correct accounting are stored by Inter.net until the expiration of the sixth month maximum after sending of the invoice resp. provision for retrieval. Afterwards they will be deleted for data protection reasons provided that no longer delay is scheduled. In case of further customer’s inquiries Inter.net can accordingly only provide proof for every single position of an invoice until the course of the mentioned deadline.

16. Delay of payment

16.1. In case of late payment Inter.net is entitled to claim for receivables to be due immediately if the receivable in delay by the customer amounts to at least 20% of the due receivable.

16.2. If the customer is in default with the payment of a considerable part of the due fees for two successional months and if necessary a security provided by the customer is spent (following para. 17.), Inter.net is entitled to refuse the delivery of services for the customer, to block the access to services especially to the internet or to terminate the contractual relationship without previous notice. The customer stays in either case committed for payment of the due fees. Claims for damages as well as the right of Inter.net for a termination of the contractual relationship without previous notices are not affected by a blocking.

16.3. In case of late payment default interests for the outstanding payments are charged to the customer according to para. § 288 Bürgerliches Gesetzbuch (BGB) berechnet. The enforcement of a higher loss on interest or further damages for delay remains reserved.

17. Security deposit

17.1. Inter.net reserves the right to require a security deposit from the customer in the legal currency and in an adequate amount according to the relevant legal provisions. In particular a security deposit can be required if
the customer did not place a collection authorization for Inter.net or did revoke it,
the customer unjustifiably did not discharge his obligations to pay in a not insignificant amount incompletely or irregularly, or
a valid partial or complete blocking of services provided by Inter.net was effected due a delay of payment, or
a forced sale of collaterals of the fortune of the customer was proceeded as far as it did not occur earlier than 12 months.

17.2. The customer has to provide the security deposit in the required amount within a period of 2 weeks after receipt of the request by Inter.net. The security can be provided by an absolute bank guarantee of a financial institution located in the European Union.

17.3. Inter.net is entitled to draw on the security at any time because of open and due receivables. As far as the security is used and if the contractual relationship will be continued the customer has to fill up the security to its original amount.

17.4. If the customer does not provide the required security, Intern.net is entitled to completely or partially block the services or to terminate the contract according to prior warning with indication to the consequences.

18. Compensation, right of retention

18.1. The cutomer can only charge counterclaims that are legally established, undisputed or approved by Inter.net against the receivables of Inter.net.

18.2. The customer can exercise a right of retention only because of counterclaims directly resulting from the contractual relationship with Inter.net.

18.3. If Inter.net provides services with a third party in agreement with the customer, the customer is not entitled to retain his payment towards Inter.net in case of late payments, deficit in payment or insolvency of the third party. The same applies if the third party asserts any claims especially warranty claims or claims for damage, retains any payments or cancels the contract towards the customer.

19. Impairments of performance

19.1. Inter.net will correct any malfunction or defects within the current technical, commercial and operational bounds of possibility and in a reasonable manner in an adequate time.

19.2. As far as Inter.net is responsible for any malfunction of defect and if the malfunction or defect exists over a period of more than 24 hours, the customer is entitled to a reduction pro rata per day relating to 30 days of the respective basic fees.

19.3. The customer is committed to announce any visible malfunction or defect within an appropriate period of time and to take measures in a reasonable manner that allow an identification of the malfunctions and their causes or to facilitate and expedite their elimination. There is no liability for damages resulting from a delayed fault or defect indication.

19.4. If the customer is responsible for the objected malfunction or defect or if there is in fact no malfunction or defect, the customer is committed to reimburse the incurred costs for examination to Inter.net in a reasonable amount, unless otherwise agreed.

20. Liability

20.1. Inter.net is liable for attributable bodily injuries and damages caused to death, the loss of the life of the customer or claims out of the Produkthaftungsgesetz (ProdHaftG) according to the legal regulations.

20.2. Inter.net is liable for deliberate intention and gross fault according to the statutory provisions.

20.3. Inter.net is only liable for financial unintended losses caused by the provision of telecommunication services up to an amount of EUR 12.500,00 per customer. The liability is limited to EUR 10.000.000,00 each per case of damage towards the whole of the injured parties. If the compensations that are claimed by several customers due to the same occurence of damage do exceed the limit, the compensation will be reduced proportionally to the sum of all indemnity claims to the maximum.

20.4. The liability is excluded for unintended or grossly negligent damages that are no financial losses and that do not occur within the provision of telecommunication services as far as it does not concern the infringement of a main contractual obligation in a way compromising the contract use. In this case the liability of Inter.net is limited to the compensation of the predictable damage in a reasonable amount, not exceeding
EUR 5.000,00.

20.5. If Inter.net keeps data and contents of the customer for retrieval via data nets, a possible liability of Inter.net for loss of data or content of the customer is limited to the typical arising effort for recovery that would occur if regular danger relevant backup copies were made. In this regard Inter.net is only liable if the loss of data has not been caused by the customer grossly negligent or intentionally and only if the customer had made provisions to recuperate the lost data with a reasonable effort, except Inter.net contractually assumed the duty for data backup.

20.6. The preceding liability limitations also apply if legal representatives or auxiliary persons of Inter.net did negotiate.

20.7. Inter.net is not liable for the consequences of interruptions or disconnections of the services provided by Inter.net if these are inevitable due to force majeure or result from incidents that are not in the responsibility of Inter.net.

20.8 The right to separately agree on further liability limitations is irrespective.

20.9. Inter.net has no influence on information and services offered in the internet by third parties. Inter.net does not assume liability for these information and services and potentially resulting disadvantages.

20.10. As far as Inter.net refers to offers or information of third parties no liability is assumed for the content of these information provider. Inter.net does not adopt by reference opinions and factual statements that are released there, unless otherwise confirmed by Inter.net.

20.11. The customer is directly and by himself liable for any infringements of rights of third parties he is responsible for towards the third parties. As far as the customer infringes the obligations incumbent to him especially according to para. 8.1., para. 9.1., para. 10.1., para. 13.3., para. 14.2. of these GTC or other terms of contract of Inter.net or other contractual conditions he has to release Inter.net to the full extent of all resulting claims of third parties. The customer has to reimburse Inter.net all necessary costs of the judicial defense as far as he is responsible for the infringement. The customer has to proof that he is not responsible of this infringement.

21. Field service, hotline

21.1. Inter.net offers a field service for services provided by Inter.net to the customer. The field service contains the support by phone (hotline) for the customer for all general technical or administrative service requests, help for user problems and malfunction information (para. 19.3) exclusively in connection with services and their provision by Inter.net. The service includes advises for usage and information for interpretation of corresponding technical documentation of services provided by Inter.net. Not included are general requests or support for thematically related questions that are not in a direct connection with services provided by Inter.net. An online service center (selfcare-interface) next to the hotline on the internet portal of Inter.net is provided to the customer that should be used preferentially by the customer.

21.2. The accessibility of the field service can be retrieved via the internet portal.

22. Duration, termination

22.1. Subject to separate agreements, a contract between the customer and Inter.net is indefinitely concluded. Such a contractual relationship can be terminated in writing on both sidese without any reasons within a period of four weeks by the end of an accounting month (para. 15.1.).

22.2. If Inter.net offers services separately, a termination notice can be limited to single services. For the following ordered services the unit prices are valid that are agreed respectively.

22.3. If Inter.net provides the possibility for an online termination to the customer he should use this to cancel a service online by means of a special check out function.

22.4. If a contract is concluded for a certain period of time or if a minimum term was agreed, the contract respectively renews tacitly by the agreed contract period if it is not terminated in written within the time limit. In such case a termination is only possible by the end of the contract period at the earliest and always in observance of a cancellation period of three month by the end of the contract period.

22.5. The right for termination for cause remains unaffected. An important cause is in particular given if the customer
continuously behaves grossly negligent in spite of previous warning,
completely or partially stops his payments without legal cause,
infringes penal provisions by the kind resp. the usage of the services provided by Inter.net or at least if he is under strong suspicion.
This enumeration is only exemplary and not concluding.

22.6. In case single services are stopped by Inter.net or are changed that way (cp. Para. 3.3) that no service identity is given, the customer has the possibility to terminate the contractual relationship for the respective services in written within a period of two weeks at the time of the legal validity of the stopping or change of the services. Inter.net will inform the customer about this right of termination with the announcement of the stopping or change of single services. For the rest paragraph 1.3 of the GTC is valid accordingly.

22.7. In case of an early termination by the customer that is not within the responsibility of Inter.net, the customer is committed to Inter.net for damage compensation that is resulting from the early termination of the contract. In this case the customer remains committed to Inter.net to pay stipulated monthly basic fees he still would have to pay at simultaneous correct termination during the duration of the contract.

22.8. If single services of Inter.net are only provided with an existing contract on another service of Inter.net, the termination of this contract is also a valid termination for all depending services.

22.9. If a contract expires that contains a domain in its scope of services, Inter.net is entitled to release the domain of the customer after termination of the contract.

22.10. If all data of the customer are stored on the disk space provided by Inter.net, the customer is committed to save these data when the termination is coming into effect at the latest.

23. Data protection

23.1. Personal data of the customer are only collected, processed and used by Inter.net without prior acceptance if the relevant data protection regulations, especially the “Bundesdatenschutzgesetz” (BDSG), the “Telekommunikationsdatenschutzverordnung” (TDSV), the “Telekommunikationsgesetz und das Gesetz über den Datenschutz bei Telediensten” (TDDSG) as well as other relevant legal provisions are explicitly granting their permission.

23.2. Inter.net collects, processes or uses personal data of the customer within the necessary scope only for the purpose of identification of the customer, for the initialization of the contract, for definition with regards to content or for changes including the termination of the contractual relationship between Inter.net and the customer as well as for the purpose of delivery, usage, performance, provision and billing of the services.

23.3. Personal data can be transferred, processed or used for execution of the contract or for technical support at completion of the services of Inter.net used by the affected customer or within the processing of customer data to third parties outside of the European Union. A transmission, processing or use of personal data will only be effected within the legally acceptable scope and as far as the specific function of the data remains untouched. Inter.net will ensure by appropriate measures that transferred data are saved in the same extend as in the Federal Republic of Germany, especially in cases where data are transferred to third parties outside of the European Union.

23.4. Inter.net in entitled to entrust law offices or collections agencies with the invoicing or collection of receivables and to provide the necessary data according to these „advices for data protection“ and statutory regulations as far as these data are required for indentification and invoicing of services as well as for collection of fees and the creation of a detailled invoice.

23.5. A publication or transmission of personal data to public institutions or authorities will only happen within mandatory legal provisions.

23.6. Personal data are stored as long as it is necessary or intended mandatory taking into consideration the relevant statutory regulations.

23.7. On demand of every customer Inter.net provides information on the personal data that are saved on his person free of charge and promptly.

23.8. The customer will find further information on data protection in the „advices for data protection“ provided by Inter.net. These can be accessed and retrieved via the internet portal of Inter.net at any time. The customer was informed in detail on the kind, scope, place and purpose of the collection, processing and use of his personal data as well as on the transmission of his data to states outside the European Union.

24. Solvency check

24.1. If the customer is a contractor as defined by § 14 of the “Bürgerliches Gesetzbuch” (BGB) Inter.net is entitled to transfer data on the application, commencement and termination of this contractual relationship to credit agencies or credit insurance companies in order to get there information on the customer. On demand Inter.net will inform the customer on the addresses of the credit agencies or credit insurance companies.

24.2. Inter.net will obtain solvency checks via third party companies (e.g. SCHUFA) according to the legal provisions resp. subject to a separate agreement of the customer as defined by § 13 BGB and will also report non-conventionary behavior (e.g. termination due to late payment, foreclosure).

25. Miscellaneous, final clause

25.1. The customer is in either case responsible for the right indication of his data that are necessary for the conclusion of the contractual relationship. The customer has to inform Inter.net immediately and unrequested in writing on any changes of his address, invoice data or financial circumstances that are important for this contract and also on any changes to the company, legal form and place of business in case he is a business client.

25.2. Declarations of intent may be executed by both parties of the contract in electronic form as far as a legal requirement of written form is not existing or if the electronic form is exlcuded due to an agreement between the customer and Inter.net. If it is intended that declarations of intent may only be executed in writing, the electronic form of the declaration of intent meets this requirement if it contains a qualified electronic signature according to the Digital Signature Act (SigG).

25.3. A transfer of rights and duties from a contractual relationship between Inter.net and the customer through the customer to third parties is only allowed by written agreement of Inter.net.

25.4. Place of execution of the services provided by Inter.net is the registered office of Inter.net. The court of jurisdiction is at the registered office of Inter.net for all disputes resulting from the conclusion, execution and termination of this contractual relationship if the customer is a businessman, a juristic person of the public law or public special property and if the contract belongs to the business of his trading activities. However, Inter.net is entitled to make a claim on the customer at any other legal court of jurisdiction.

25.5. This contractual agreement and all privities of contract between the customer and Inter.net are exclusively subject to the Law of the German State, especially under the exclusion of the regulations on the International Private Law (IPR) and the agreement on contracts for the international goods traffic (CISG).

Status August 2003