1. Scope of service, payments
1.1 The scope of service derives from the clients information linked or connected with the order form, in particular from the actually valid brochure, from the actually valid internet offer of T-N Media or from other information given with the offer.
1.2 The using of the services takes place according to the actually valid fees. This means either a monthly lump sum payment according to the client’s information including the agreed services or a varied fee dependent from the scope of use. The client receives a bill for each payment procedure by e-mail.
1.3 T-N Media reserves the right to change the fees at the beginning of a new payment term. Modified fees are notified to the client’s e-mail-address given with the order or by mail at least 4 weeks prior to the coming into effect. An increase of fees gives the client an exceptional right to cancel the contract with a time limit of two weeks prior to the coming into effect of the increase. An increase of fees which was known at the time of order demands no notification and does not give the exceptional right to cancel the contract.
1.4 You receive bills one week prior to the payment date. The bills must be paid before the first or 15th of a month. ( If we receive your order prior to the 15th of the month, you will receive your bill always a week before the 15th of a month. If you do order after the 15th of the month, you will receive your bill always a week before the first of the month.) After we have received your payment, you may check this in the client’s menue.
1.5 The payment generally takes place through debit advice or transfer ( bank or pay pal ) The client must guarantee that the fees are booked on the account of T-N Media not later when the second working day after the payment date. The payment includes additional and varied fees and other additional bills. The monthly lump sum payment is due for a month in advance. Unique fees, especially the fee for the providing of availability, varied fees and purchase prices for other products become due with the providing of the service and must be paid at the reception of the bill.
1.6 The fees may also be paid by cheque if the client wants it and T-N Media agrees. The client is liable for all fees caused by a third person, allowed or not, with the help of the client’s registration code, except if the client is not responsible for this. The client must proof that he is not responsible.
1.7 In this context the client obligates himself to keep safe the personal password for the registration code and to protect it from misuse or loss. The client releases T-N Media from all costs and claims by a third party resulting from the violation of these obligations.
1.8 T-N Media starts to provide the service immediately after the order, if not declared otherwise.
1.9 T-N Media is allowed to send the client a letter of confirmation ( by e-mail or mail ) This letter contains a confirmation code, which the client must present at the T-N Media website. If the confirmation does not take within the given time limit, T-N Media is allowed to block the access and to cancel the contract without respecting a time limit.
1.10 If the client gets into default with an amount which is equal to a monthly fee, T-N Media is allowed to cancel the contract after a fruitless time limit. In this case the client is obligated to pay a service charge of 5 €.
1.11 In the case of a return debit note T-N Media demands a service charge of 10 €, if the client is responsible for the return debit note. For a reminder T-N Media demands a service charge of 5 € from the client, if he is responsible for the reminder. A reminder is send if the client does not pay the bill until the date mentioned in the bill. After the third reminder ( a payment demand is regarded as first reminder ) a civil claim will be raised. The default action may be performed by a specialised firm. The costs of the reminders and the default action go to the account of the client.
1.12 T-N Media makes an examination of the data send with the order to check the personal data and the credit solvency with the help of a specialised company. T-N Media is not able to examine all personal data given with the order. The contract becomes invalid in the case of intentional false data. In such a case T-N Media will not repay fees already paid and delete the account. T-N Media is entitled to make a report to the police because of attempted fraud. This is possible by the use of the IP- address which is registered with the order.
1.13 It is generally prohibited to start a server or service/domain which may impair the security marks of the systems or which makes a too strong use of the volume. Exceptions must be permitted by T-N Media. This is not valid for root or housing servers.
1.14 With the choice of the debit advice payment at the order form other fields do appear, in which the bank data must be given. By the order with debit advice payment you give the permission that all bills are booked from this account. The client entitles T-N Media, as specified in the order form, to book the fees from the valid account. The entitlement includes additional and varied fees, other purchase prices and new bank data given by the client. The monthly lump sum payment is booked in advance for the mentioned period. Exceptional fees, the availability fee, varied fees and purchase prices for other products are booked with the provision of the service or immediately before the delivery.
1.15 In the case of a return debit note or refusal of payment – not later when two working days after the payment date- T-N Media is after a fruitless reminder entitled to block the access. The client is informed by e-mail and payment is demanded again. If the client does not respect this new time limit, a default action takes place. T-N Media may use the help of an external firm for this. If the client is unwilling to pay, T-N Media is entitled to start a civil action. The client must pay the costs of the default action.
1.16 An accretion of discount is possible for large purchase quantity. The discount will be agreed individually, but is limited to a maximum discount of 13%. There is no claim for a discount.
2. Provided contents, programs and data
2.1 The text, photo and sound material and programs provided by T-N Media are generally protected by copyright. The client may use the material provided by T-N Media to design his own internet performance for the contract period at the internet address provided by T-N Media and is entitled to modify them. Other kinds of use ( in particular copying, presentation) must be permitted in written form by T-N Media.
2.2 T-N Media is liable for the rightness, perfection, demanded function and completeness of the contents and programs according to the liability rules explained under Nr. 14. T-N Media is not responsible for contents not lying on its own servers and is- unaffected by Nr. 14- not liable for the contents.
2.3 For the development of statistics by the client Log-files are registered at the client’s server. The log- files demand capacity and can be deleted by T- N Media in appropriate intervals indicated by T-N Media. The client may transfer the log-files from the server if necessary. An evaluation of the log-files by T-N Media takes only place to enable evaluated statistics according to the client’s specifications for him. A saving beyond this is prohibited.
3. Regulations for self-made contents
3.1 The client is obligated to give his name and address and in case of a company or group the name and address of the representative for his business offers. ( according to § 6 TDG )
3.2 The client guarantees that the contents do not violate the law. If the client is violating these rules intentional and despite of a letter of protest, T-N Media is entitled to cancel the contract for an important reason without respecting a time limit. The client is obligated to pay a service charge depending from the damage caused. The access may be blocked, if complaints about the client from other providers do occur. Eventual civil or criminal claims from a third party or the state are transferred to the client.
3.3 T-N Media reserves the right to block contents or prohibit its use, if these contents may threaten the operation or safety of the server. These are in particular CGI- program modules, which are not contained in the program library. T-N Media reserves the right to block the client’s presentation without warning, if the client uses programs in his presentation which are threatening the operation or safety of the server.
3.4 The client knows that for all members at the data transfer at the Internet is the possibility that others see the data without permission. The client accepts this risk.
3.5 It is prohibited to use T-N Media to disturb the peaceful coexistence in the internet. ( netiquette ) This is in particular valid for so called IRC ( internet relay chat ) takeover, floods etc. The harassment of other users, also clients of other providers, leads to the immediately block of the access without notification of the client. If these regulations are violated despite of a letter of protest, T-N Media is entitled to cancel the contract because of an important reason without respecting a time limit.
3.6 The use of exploits, flood programs, cracks etc., with other words the use of hacker programs with the help of a T-N Media access is prohibited. If such a program is used, T-N Media reserves the right to cancel the contract without reason and without respecting a time limit. In this case the client must pay a service and punitive charge of 50 €. Eventual civil and criminal claims by a third party or the state are transferred to the user.
4. Registration, change, modification and cancellation of domains
4.1 T-N Media gives by internet or telephone generally only non-binding information about the availability of a domain. Between the information and the registration the domain may be given to a third party by the DENIC or another office, without the knowledge or influence of T-N Media.
4.2 A registration of a domain takes place, if not agreed otherwise, as a “de”-domain. The registration data is automatically and without liability transferred to the DENIC or another responsible office. The client may only rely on the registration if the internet-service of T-N Media is provided with the desired name. T-N Media is not liable in any way for the receiving of an ordered domain name or the transfer to another party.
4.3 If the domains wanted by the client are not available, T-N Media will try the alternatives given by the client one by one. If none or not enough of the names are available, T-N Media will ask the client for other alternatives.
4.4 T-N Media takes care of all domains for the duration of the contract according to the principles of the registration offices, in particular the principles of the DENIC. ( you may find them at www.denic.de ) If these principles change or the necessities of the registration and maintaining of domains change, the parties are willing to modify the contract accordingly.
4.5 T-N Media carries out the inscription or registration of domains in the name and on behalf of the client and registers the client as user. ( “admin-c” ) of the domain. At same services another person may be registered as user instead of the client. T-N Media will, as common, be registered as “tech-c”. The registrations “admin-c” and “tech-c” are necessary statements to the DENIC. The client knows that name, address, telephone number and e-mail address of the user are stored by the DENIC and in the RIPE data base obligatory and permanently and are visible with the help of the “whois”- demand in the internet. ( www.denic.de ) for himself and third parties.
4.6 In the case of a termination of the contract T-N Media is free to delete the domain name belonging to the contract, even if another user was named by the client. If the client or another user wants to continue to use the domain with another provider after the termination of the contract, T-N Media will immediately give the necessary permission, if all fees are paid.
4.7 For some services exists the opportunity to include existing domains from another provider into the contract with T-N Media. The client knows that it is necessary for the change of registration that the former provider gives his permission. ( KK ) T-N Media will in a sufficient scope and for an additional fee try several times to change the registration. T-N Media is not liable for the change of registration if the provider does not give his permission. If a fee was agreed for the change of registration, the client must also pay the fee in the case that the provider denies to give his permission. A changed domain is handled as a newly registered domain for the contract between T-N Media and the client.
4.8 T- N Media carries out the change of the provider of a domain not before the KK application is signed by both parties. ( former provider and T-N Media )
4.9 The client obligates himself in the case of a change of the provider or registration, change or deletion of a domain to cooperate and to make all necessary statements.
4.10 If the client demands another type of domain ( f.e. .com, .net, .org, .at, .ch ) these rules are applicable according to the registration rules.
4.11 The fees become at once completely due and include the provision of a ( usually ) .de-domain for a year. A change of the provider or a cancellation of the domain does not lead to the repayment of fees.
5. Responsibility of the client for contents and domain names
5.1 The client is responsible for all contents produced or published by him, with his password or by a third party using his T-N Media access.
5.2 T-N Media does not check the contents of the client to make clear if claims by a third party are rightful or not. It is common in the internet that until a decision of a court is made data are blocked because of a believable demand of a third party. ( see also the “dispute policy” of INTERNIC at www.internic.net ) The client gives his permission to block his contents for the case that claims are made by a third party.
5.3 The client declares in good faith that no rights of a third party are violated by the registration or connecting of his domain name. The client accepts that he alone is responsible for the choice of the domain name. If rights of a third party concerning the domain name are brought forth, T-N Media reserves the right to block the domain name till a decision is made by a court.
5.4 If T-N Media makes a block for the reasons explained above at 3. and 5, the client is still obligated to fulfil his duties towards T- N Media. The client gives his permission to all actions necessary to fulfil enforceable directives or enforceable decisions. The client relieves T- N Media in the cases mentioned at 3 and 5 from all claims of third parties, costs and negative consequences.
5.5 The contracting party obligates himself to respect the cultural and religious feelings of other users and not to publish unlawful statements, in particular not to harass or threaten, to make defamatory remarks, to harass or threaten someone because of his race, political or other opinions, gender or other reasons by using words or pictures or in any other way. At the use of other services the valid international or national rules and provisions became applicable and must be respected.
6. Data safety, online- transfers
6.1 If data- no matter in what form- are transferred to T- N Media, the client makes safety copies. In the case of a loss of data the client will transfer the data again and for free to the server of T-N Media.
6.2 Several client defined installations of T-N Media are defined online. The transfer of such data takes place at the clients risk and without liability of T-N Media by the use of the internet. The notifications became valid after reception and are used by T-N Media to fulfil the contract till new data are transferred. A delay at this procedure is due to technical reasons and not a defect.
6.3 The transfer and the demand for data/ services is recorded and presented to the client in the client’s menue as a daily updated data transfer statistics. ( traffic statistics ) In case of an excess of the monthly included transfer the indicated additional fees became due. The calculation is made monthly and independent from the time of the bill. The statistic is put back to zero at the start of the month. Several offers include unlimited data transfer. In this case there will be no statistic of the data transfer.
7. Reception and sending of e-mails
7.1 The client gives his permission to T-N Media and cooperating partners to send a reasonable amount of information by e-mail. These e-mails are marked to allow the identification.
7.2 If T-N Media gets to know that the client sends e-mails by using his domain name in an unlawful way or violates widely accepted rules of communication in the internet, T-N Media reserves the right to block the service temporary or permanently. This is also applicable to the posting of commercial or unlawful messages in public newsgroups in the internet. If T-N Media blocks the service because of this reason, the client is still forced to fulfil the duties of the contract with T-N Media.
7.3 T-N Media is entitled to delete e-mails received at the provided POP3 main address for e-mails a ) after they were read by the client b) after they were transferred according to the clients wishes c) after they were saved for 60 days.
7.4 Provided IMAP-Accounts for e-mail services are permanently saved or saved until the client demands the deletion of his e-mails.
8. Beginning and termination of contract
8.1 The contract becomes valid with the data of the online registration. The contract becomes valid with the singular IP- address of the client which is transferred with the order form to T-N Media. The duty of payment becomes valid at the day of the activation of the access code of the product. This is approved at the first access of the client to the product.
8.2 The client and T- N Media are entitled to cancel the contract without giving a reason within the time limit given in the order form and the client’s information.
8.3 A cancellation demands the written form. ( letter, fax or e-mail ) to be valid. The cancellation must include the personal and clients data.
8.4 T-N Media may terminate free services or free additional services at any time with a time limit of 7 days. An e-mail is sufficient to announce the termination.
8.5 In case of an excessive use of your web presentation and a resulting load of our server, T-N Media may cancel the contract at any time without respecting a time-limit.
8.6 The client may change to another T-N Media service with different fees if this other service is available and if the change is technically possible. At a change to a more economical fee the client gets a credit. The providing of the extended service takes place as fast as possible, the calculation of the increased fee takes place from the date of the change on. T-N Media may transfer claims resulting from the change of the fee as a pro forma bill to the client. Credits are put into account with future services. The time limit of the new internet service is valid for a cancellation of the contract.
8.7 The right to cancel the contract because of an important reason is untouched by this. Important reasons are in particular a severe and continued violation of the regulations and the unfulfilability of the contract. In case of a cancellation because of an important reason T-N Media is entitled to block the access to the T-N Media service and to delete the domain belonging to the contract. T-N Media is in this case entitled to delete and block contents and stored e-mails without respecting a time limit.
8.8 In the case of a block of the account the client is informed and the reasons explained by e-mail.
8.9 At several offers there exists the opportunity to test the product for a certain time. If the client is not satisfied, he may cancel the contract in the test period at any time without respecting a time limit. This cancellation demands the written form. ( letter, fax or e-mail ) It must content the personal and clients data.
9. Availability, repairs
9.1 Generally the T-N Media services are available 24 hours a day seven days a week. T-N Media is not liable for a breakdown of the system caused by technical partners or clients. T-N Media is not liable for the unlimited availability of data and may take a reasonable time for the necessary repairs. A liability of T- N Media for technically caused loss of data, interrupted data transfer or other related problems is excluded.
10. Technical limitations
10.1 The client has, if not agreed otherwise, no right to claim an own IP address, an own physical server for his contents or his won capacity. ( capacity for data transfer ) The service takes place for financial reasons with the help of capable central computers ( servers )with one IP address and a capacity for the whole server. Because of this fluctuations in the capacity are possible.
11. Impairments of performance
11.1 T-N Media takes the guarantee for the delivered products by remeding a defect for free or by delivering a new product for free at own choice. If two attempts of remedy or second delivery fail, the client is entitled to claim reduction or avoidance at own choice.
11.2 If not agreed otherwise in the General terms of business, T-N Media is obligated to repair problems with the access as fast as possible regarding technical possibilities. If T-N Media is responsible for the problems, the client is entitled to remedy the monthly fee. The client is obligated to announce access problems immediately, not later then seven days after knowledge, in written form or per e-mail. ( problem report )
11.3 Other claims of the client are limited by the liability rule of Nr. 14.
12. Technical consultation
The client has the right to claim e-mail support.
13. Retention
13.1 Delivered products remain property of T-N Media until the payment of the purchase price.
14. Limitation of liability and claims for compensation
14.1 The use of the T-N Media service takes place according to the limitation of Nr.14.1. This is valid in particular for the function and freedom of virus of contents and software ( f. e. Java- applets, CGI-moduls ) which may be powered or activated by T-N Media.
14.2 T-N Media is not liable for the correct function of infrastructure or transfer ways of the internet, which are not within the control of T-N Media or their vicarious agents, if a liability is not agreed in Nr. 14.1
14.3 The client is responsible for the use and safety of his account. The passwords are meant only for the client and in case of a passing to a third party the client is responsible for damages arising from this.
14.4 T-N Media is not able to control all data of the client. The contract becomes invalid in the case of an intentional transfer of false data. T-N Media will in such a case not repay money and block the access at once.
15. Data protection
15.1 T-N Media advices the client that personal data is saved during the performance of the contract and may be transferred to the cooperation partners, vicarious agents and service providers of T- N Media in a necessary amount according to § 33 BDSG. Despite of this personal data is only saved or used if the client gives his permission or a law allows it.
15.2 The volume of use relevant for the account is saved and transferred by the provider of the internet infrastructure in the necessary scope. T-N Media is entitled to permanently save such data necessary for the account.
16. Others
16.1 Changes of addresses, bank addresses or fees may be announced to T-N Media by e-mail, fax or mail.
16.2 T-N Media is entitled to engage a service provider or vicarious agent to perform the whole or parts of the contract. T-N Media is entitled to change the used internet infrastructure and the engaged service providers or vicarious agents without announce, if the client has no disadvantage from this.
16.3 The notifications mentioned in this General terms of business from T-N Media to the client and other notifications necessary during the business contact are send to the e-mail address which the client gave with his registration form.
16.4 Modifications of the General terms of business are notified to the client 4 weeks prior to the changes by e-mail or letter. If the client does not contradict within a month from the receiving of the notification, the modifications are regarded as being accepted by the client. If the modifications are against the clients interests, he can terminate the contract without respecting a time limit within a month after receiving the notification.
16.5 Changes of contract, additions and additional agreements require the written form, if not agreed otherwise in these General terms of business. The written from is also necessary for a disclaimer of the formal requirement.
16.6 T-N Media is free, according to technical progress, too use new and different technologies, systems, procedures and standards as first provided to fulfil the duties, if this is not negative for the client.
16.7 A sale of single parts of the business of T-N Media and a change of shareholders does not give an exceptional right to terminate the contract.
16.8 The jurisdiction is Hagen/ Westfalen NRW, if legally possible. German law is applicable.
16.9 If a clause of this contract is invalid or becomes invalid or in a case of the lack of the contact, the validity of the remaining contract is not affected by this. The invalid clause is replaced by a clause with a legally valid content similar in an economic sense to the invalid clause. The same is applicable to lack of contracts.
17. Shell and bouncer accounts
17.1 Tools, which harm a third party and scans of all kinds ( f. e. exploit or port scans ) are generally prohibited. This may be a reason to block the account for a specific period or permanently. The fee for the started month is not repaid.
17.2 IRC war ( takeover, retakes, floods of all kinds ) and spamming of all kinds is generally prohibited. This may be a reason to block the account for a specific period or permanently. The fee for the started month is not repaid.
18. Rootservers / virtual servers
The previously mentioned terms are specified for root- and virtual servers as follows:
18.1 Running illegal websites and programs is not allowed on our servers especially spamming, hacking, all kinds of attacks.
18.2 We are allowed to block your server, if it's using more than 10% above the included datatransfer. This does not apply for servers with unlimited/unmetered bandwidth.
18.3 If your server gets attacked (e.g. DoS-Attack and similar attacks), we are allowed to block your server for several hours, to protect our network.
18.4 It is not allowed to send spam from our servers. If you server gets listed on an approved spamlist, we are allowed to suspend the server.
18.5 A justified abuse-message has to be followed up and solved within 7 days.
18.6 We are allowed to suspend the service if we get a large amount of abuse-messages.
18.7 The customer has to create backups on his own. We are not responsible for backing up your data.
19. vServers
The previously mentioned terms are specified for virtual servers as follows:
19.1 The datatransfer is included on all vServer-Products. The transfer is only restricted by technical capabilities.
19.2 The following services are not allowed on our virtual servers: videostreaming, audiostreaming. You can contact us, to ask if the program you want to run on the server is allowed.
Herdecke, 13.06.2011