Right of withdrawal
End consumers can cancel their order within 2 weeks after the order date. Cancellation is excluded for products or services that are naturally unsuitable for return, such as domains that have already been applied for and registered to the end customer or telephone numbers that have already been ordered and/or connected to the customer or porting that has already been carried out.
General terms and conditions
§1 Validity of the conditions; changes
(1) dus.net GmbH, with its registered office in Düsseldorf (hereinafter referred to as dus.net), shall provide its services exclusively on the basis of these General Terms and Conditions of Business, hereinafter referred to as GTC, as amended from time to time. These GTC apply to all contracts between dus.net and its customers. If additional or different terms and conditions apply to products or services used, these contractual terms and conditions shall apply in addition.
(2) Deviations from these terms and conditions are only effective if dus.net confirms them in writing. The employees of dus.net, with the exception of the management, are not authorized to make verbal subsidiary agreements or to give verbal assurances that go beyond the content of the respective contract including these business relations.
§2 Changes; changes fees
(1) dus.net is entitled to amend or supplement these General Terms and Conditions (GTC) at any time with reasonable notice, provided that the amendments to the GTC are reasonable for the customer, taking into account the interests of dus.net. Any change will be communicated to the customer on our web pages (www.dus.net), by sending an e-mail or by conventional mail. The GTC are available to the customer at any time on the websites. The GTC shall only be sent separately by post upon express request and for an additional charge in accordance with the currently valid price list (§6 Para. 1 GTC).
§3 Effect of the amendments
(1) If the customer does not agree with the validity or the changes of the contractual conditions, he may not continue to use the access services of dus.net. If the customer continues to use the telecommunications services of dus.net after an amendment to the GTC, this shall be deemed tacit acceptance of the amended GTC.
§4 Formation of the Contract; Contractual Partner
(1) The contract for the use of telecommunication services is concluded on the basis of a written order by the customer and acceptance by dus.net. An online registration and the returned documents are also considered as conclusion of the contract. Furthermore, acceptance is effected by a written order confirmation or by the execution of the order, as well as the early use of the services of dus.net. A contract can also be concluded if a service is ordered which, in its nature as a service, does not require any further contractual regulation.
(2) dus.net is entitled to comply with the customer’s request to conclude a contract on the use of dus.net services within a period of 14 days from the day on which the request becomes known to dus.net.
(3) User contracts shall only be concluded by dus.net with natural persons of legal age or with legal entities recognized under applicable law, if the latter have fully and verifiably demonstrated their legally prescribed representative relationships. Separate conditions apply for more than one single-user access per household. Unless otherwise agreed, no free quota will be granted for any single seat access from the 2nd.
§5 Credit assessment; termination
(1) dus.net is entitled to obtain information about the customer’s creditworthiness from the Schutzgemeinschaft für Allgemeine Kreditsicherung (Schufa) responsible for the customer’s place of residence or, for business customers, from credit information agencies and credit insurance companies and to transmit data of the customer due to non-contractual processing (e.g., requested default summons in case of undisputed claim, requested enforcement notice, enforcement measures).
(2) Unless otherwise agreed, the contract shall be concluded for an indefinite period and may be terminated by either party with 14 days’ notice to the end of the contract term. The prepaid rates DUStel starter (and old contracts DUStel 60) can be terminated at any time without notice, either immediately or at a date of your choice. If a minimum term has been agreed with the customer, the contract shall be extended after expiry of the agreed minimum term by a further month in each case, but for a maximum of one year, unless it is terminated beforehand with 14 days’ notice to the end of the contract term. The right to terminate for cause remains unaffected. Any termination can be obtained in the dus.net customer center with a simple mouse click. A termination date is then directly displayed and automatically executed on this date. Alternatively, the termination must be in writing in order to be effective, which shall also be deemed to have been complied with by e-mail or fax. A cancellation by e-mail or fax will be processed by dus.net within three working days and confirmed in writing exclusively by e-mail. After the expiry of the three working days without confirmation, the letter of termination shall be deemed not to have been delivered.
(3) dus.net may also terminate the respective user contract without stating reasons, but with a notice period of one month from receipt of the declaration. In addition to the reasons expressly stated in these terms and conditions, dus.net may terminate the contract with immediate effect without prior notice if the customer has given cause for such termination for good cause. An important reason can exist if the customer owes payments despite blocking.Likewise, a violation of §9,10,11 and §15 in whole or in part under given circumstances is an important reason grown.
Furthermore, dus.net reserves the right to terminate customers who do not use any of the available services for more than 2 years without prior notice, by fax or by mail, with a notice period of 7 days.
(5) In the event of termination for cause, dus.net shall be entitled to claim two-thirds of the sum of the monthly fees that the customer would have had to pay if the contract had been continued with timely termination. If the customer proves that dus.net has suffered no or only significantly less economic damage as a result of the termination, dus.net shall waive this right.
§6 Prices; Changes
(1) The prices are fixed prices. As far as the main service of the use-independent fees are not concerned, dus.net shall determine the fees by means of the respectively valid price list at its reasonable discretion. For the selected type of contract and additional services, the respective valid prices of the price list published at http://www.dus.net and available at any time shall apply.
(2) In the event of any price changes communicated one month in advance, the customer may exercise its right to terminate the contract in accordance with the provisions of the German Civil Code (Bürgerliches Gesetzbuch – BGB). §5 par. 2 exercise. Using the services after changing the prices, or changing the tariff or the respective service means accepting the price changes and obligates the customer to pay.
(3) dus.net is entitled to increase the fees a maximum of once per quarter. The price increase requires the consent of the customer. Consent shall be deemed to have been granted unless the customer objects to the price increase notified in text form within four weeks of receipt of the change notification in text form. dus.net undertakes to inform the customer of the consequences of a failure to object in the notification of change.
(4) dus.net may approve credit notes under certain conditions. This can be done, for example, as part of special promotions. Credits based on a package with a minimum term are paid out at the end of these minimum terms or offset against corresponding benefits during these.
(5) For the determination of accesses created with falsified data, we charge a processing fee (currently EUR 150.00 incl. 19% VAT) from the creators and users of these data / accesses.
(6) The use of dus.net VolP is billed separately depending on the tariff. If monthly charges are incurred for a tariff, these are calculated in advance. Call charges are billed in arrears at the end of the month if the rate is postpaid. The payment terms of each tariff are described separately.
§7 Change of the selected services
(1) The customer may expand, limit or change the respective services used at dus.net at any time. The provisions of the GTC and the special conditions for the respective services apply to the extension, restriction or change. The extensions, restrictions or changes of the services are carried out according to the price list as under §6 number 1 GTC.
§8 Scope of services; protection of minors and liability
(1) The detailed service description of the respective contractual use as well as all supplementary documents and guidelines of the dus.net services are available for inspection at the Company’s registered office. They can also be accessed free of charge electronically at dus.net or requested as a written document. For postal dispatch on request, the respective prices of the price list apply (§6 para. 1 GTC). dus.net reserves the right to extend, change and improve the services. dus.net shall also be entitled to change the services provided that such a change is customary in the industry or reasonable for the customer taking into account the interests of dus.net. These include, for example, changes/additions to the law, technical changes or regulations and instructions from the authorities.
(2) dus.net enables the customer in accordance with the aforementioned para. access to the Internet. The use of the Internet is exclusively at the customer’s own risk. For retrieved contents of any kind – in particular not for correctness, completeness or compatibility with the valid national or international right of contents – dus.net does not take over guarantee and adhesion. If the customer grants minors access to the Internet via his account, the customer assumes the exclusive responsibility for this. The customer is aware that some content on the Internet may not be suitable for minors.
(3) Defects and malfunctions shall be reported to dus.net in writing or by e-mail without delay, but no later than within two weeks of becoming aware of them. Subject to the further provisions of this clause, dus.net shall not be liable for direct or indirect damages of any kind whatsoever arising from information obtained by the customer in the course of using the Internet service of dus.net. dus.net is not liable for errors of software, not for contents or programs and especially not for contents of the internet, also not for faulty data carriers, errors of the network structure or the compatibility of programs or their parts. dus.net shall only be liable for damages resulting from its own unlawful and intentional conduct or grossly negligent failure to act on the part of its legal representatives or vicarious agents. The liability of dus.net for slight negligence is excluded.
(4) dus.net guarantees an availability of its services of 99% on an annual average. Excluded from this are times that are not within the sphere of influence or responsibility of dus.net due to technical or similar problems. This includes force majeure, natural disasters, terrorism, fault of third parties, etc.). dus.net may restrict Internet access as well as other services to the extent that the security of network operation and the maintenance of network integrity is ensured. dus.net may in particular take measures to avoid serious disruptions in the exercise of its economic purpose. In particular measures for the protection of the customers of dus.net are to be approved without previous communication of possibly involved customers (disconnection of hacked web pages, disconnection of scripts, DoS attacks, packet flooding etc.).
(5) If a root server is the subject of the contract or part of a contract, it shall be supplied by dus.net and installed in the data center of dus.net. The contract terms as well as notice periods are regulated individually with each contract. The minimum contract period is 3 months. Any one-time fees are due at the time the service is provided.
(6) The Customer shall be responsible for the maintenance of the root server. He alone has full access to the system. dus.net only becomes active on behalf of the customer and carries out commissioned work, the remuneration for which is regulated in the contract (remote hands). All other contractual parameters for root servers are defined in the root server contract.
(7) If Equiment-Housing is the subject or part of the contract, dus.net shall provide a corresponding space for the customer’s contractually defined equipment in the data center. Other services are also defined in the housing contract.
§9 Duties and obligations of the customer; consequences of breaches of obligations
(1) The Customer shall be obligated to provide, at its own expense, the electrical power required for installation, operation and maintenance, as well as any potential equalization required, including grounding.
(2) The Customer undertakes to reimburse expenses for an inspection of the technical equipment carried out on the basis of a fault report from the Customer if there is no fault in the technical equipment. facilities in the area of responsibility of dus.net and the customer should have recognized this upon reasonable inspection.
(3) The customer assures that the information provided by him (personal data, bank details, postal address or similar) is correct and that he will inform dus.net immediately in case of any change.
(4) The customer is obligated to notify dus.net immediately of any change in his name, address (in the case of companies also the change in legal form, representation, billing address or place of business) and bank details.
(5) Incorrect, incomplete information or changes not communicated may lead to the rejection of the service acceptance by dus.net or to the immediate termination of the user contract without prior notice by dus.net.
(6) Information, notifications and changes shall be sent by dus.net predominantly to the e-mail address of the client provided during registration. The customer undertakes to check this mail address regularly for new messages. If this does not happen, the information is still considered delivered. If this e-mail address changes, the customer shall inform dus.net thereof without delay.
§10 User Regulations (NuO)
(1) Details of the interaction of the customers with each other and with the public are regulated by dus.net by way of user rules (NuO). These regulations are binding for the customer. Violations of the provisions of this NuO entitle dus.net, after a single unsuccessful warning, to terminate the contractual relationship without notice. In serious cases, dus.net may also refrain from issuing a warning and, in accordance with §5 para. 3 cancel the ratio immediately. The right to possible legal claims on the part of dus.net or third parties remains unaffected by this.
(2) The customer is obligated to set up his usage behavior in such a way that an excessive demand on services, the backbone or services cannot occur.
(3) The customer is responsible for all content produced or transmitted by his access or access code. The contents include forum entries, web pages, newsgroup postings, emails, chats, etc. Monitoring on the part of dus.net does not take place. The customer may not insist on any deletion of content after the fact. This does not give the customer any legal claim to subsequent deletion.
(4) If a web server is the subject or a service of the contract, the customer is obliged to create an imprint on the publicly accessible pages and to mark it as such in a clearly visible manner. The imprint must be accessible from the first web page. Further legal labeling obligations result from correspondingly offered services and the customer must nevertheless take these into account. The customer shall indemnify dus.net from all claims based on a violation of the obligations mentioned in §9.
(5) If a mail server and/or web server is the subject of the contract and/or a service of such, the customer is obliged not to violate applicable law. Likewise, the preservation of good morals, rights of third parties (copyright, name, trademark and data protection rights, etc.) is obligatory. In particular, the customer undertakes not to offer any pornographic content or commercial services that have pornographic or erotic content (images, videos, streams, etc.) as their subject matter. Search engine entries are only permitted by using keywords that do not violate the aforementioned obligations and rights. Should the customer violate this obligation and/or in this context violate applicable law, the customer undertakes to pay a contractual penalty in the amount of EUR 6,000.00 (six thousand) immediately upon demand by dus.net. Further criminal prosecution or assertion of damages remains unaffected.
(6) If a mail server and/or in web server is the subject of the contract and/or a service of such, the customer is obliged to design his internet presence in such a way that an excessive load on the server as such is avoided, e.g. by scripts that require a high computing power or require an excessive amount of RAM. dus.net is entitled to exclude web servers that do not meet the above requirements from access and/or use by the customer and third parties. dus.net shall report such measures to the customer without delay and request improvement. If the customer can prove that such an improvement has occurred, dus.net will make the affected services available to the customer and third parties again. dus.net is not obliged to check the internet presence for legal violations. If dus.net detects violations of the law or if dus.net becomes aware of content that is illegal under §5 para. 9, 10, 11, 15 are inadmissible, dus.net is entitled to block these or the complete content of the Internet presence. dus.net will immediately report such measures to the customer.
(7) The customer is obligated not to send or have sent any e-mails containing advertising to one or more recipients without their express permission. This is especially true if these emails are sent en masse (SPAM). If the customer violates this obligation, dus.net is entitled to block the customer immediately. Further legal prosecution on the part of third parties is unaffected by this.
(8) Unless the customer has agreed to a different tariff, Internet access is limited to 1024kbit/s. The customer is not entitled to use the access code on more than one computer. If the tariff provides for or even requires multi-user access (router), this central access to the Internet is also not transferable to another (router). This restriction then only applies in the context of simultaneous use of the accesses.
(1) The Customer is obligated to keep the passwords agreed upon for access strictly secret. If there is a possibility that third parties may nevertheless have obtained knowledge of the password, the customer must report this immediately. The customer shall be liable for all usage fees and damages arising from the use of the user’s own access, regardless of the persons using the access and the user name used.
(2) The use of the Internet access by third parties or the subletting is not permitted without the express consent of dus.net. Should a violation become known, a termination will be made according to §5 para. 3
§12 Billing; Billing period
(1) If the Customer is charged for transfer volume, the determination of the volume shall be calculated as follows. one gigabyte is one thousand megabytes and one megabyte is one thousand kilobytes and one kilobyte is 1000 bytes. If a free quota is included in a tariff, it is determined according to the above rules. Excess consumption is also determined and reported to the customer according to §6 par. 1 calculated.
(2) The respective billing period shall comprise one month The billing month shall begin on the day of operational provision. The billing month ends one day before the same day of the following calendar month. If this day is missing in a calendar month, the last day of that calendar month shall apply. Internet connections that extend beyond the last day of the billing month into the following billing month are carried over into the following billing month.
(3) dus.net reserves the right to issue an interim invoice from an amount of 25.00 EUR accrued in the current month and to debit this amount. For new customers, dus.net reserves the right to debit an accrued amount of 10.00 EUR from the new customer’s account without special invoicing.
(4) If Equiment-Housing or one or more Root Servers are the subject or part of a contract, all data volumes shall be measured and charged on the basis of the bandwidth consumed. Inclusive bandwidth is always deducted. The calculation basis is the customer’s incoming and outgoing data traffic at the switch port. The calculation is done via transfer measurements every 5 minutes. The bandwidth is then averaged over 2 hours at the end of a calendar month and the resulting bandwidth is calculated. The formula for the calculation is:
Determined bandwidth incoming = EBI
Determined bandwidth outgoing = EBO
Inclusive bandwidth = IB
Additional chargeable bandwidth = EGB
Prices for additional bandwidth used are always calculated in full Mbit/s (megabits per second). The prices for additional Mbit/s are defined in the respective contract.
§13 Invoicing and terms of payment
(1) Invoices are always sent by e-mail to the e-mail address provided at dus.net or to the customer’s personal customer area. Business customers receive an electronically signed invoice from a certification authority approved by the Federal Network Agency. dus.net will provide the invoices at least two working days before direct debit. All fees are due directly after receipt of invoice without deduction. The amounts are generally collected by direct debit. Exceptions to the method of payment shall be agreed separately. The customer authorizes dus.net to collect accrued fees via the bank details provided by the customer to dus.net. The bank document contains all invoice-relevant data (invoice number, input tax, etc.) in a form suitable for posting. A conventional invoice will only be issued upon express request and at an additional charge in accordance with the currently valid price list (§6 para. 1 GTC) and sent by post.
(2) The invoice amount depends on the choice of the tariff which is agreed separately with the customer or which the customer himself selects online. If a monthly fee is included in the tariff or agreement, dus.net has the right to collect it in advance, at the earliest with the start of the defined provision. Other fees are due immediately after the service has been rendered and invoiced.
§14 Billing data, objections of the customer against usage fees
(1) The connection data stored for billing and invoicing purposes shall be deleted by dus.net for reasons of data protection law eighty days after the date of billing. Objections to the invoices must be raised by the customer in writing at the address indicated on the invoice within six weeks of receipt of the invoice. Failure to object in a timely manner shall constitute approval. dus.net shall inform the customer of the objection period and the legal consequences of missing the deadline.
(2) Insofar as, for technical reasons or at the request of the customer, no connection data are stored or stored connection data are deleted, dus.net shall have no obligation to provide evidence of individual connections.
§15 Chargeback, advance payment, default and its consequences
(1) If dus.net becomes aware of a deterioration in the financial circumstances of the customer, for example through an application for the opening of bankruptcy or composition proceedings or bill of exchange proceedings, dus.net shall be entitled to demand advance payment or the provision of security. This also applies to anomalies in payment transactions (returned direct debits, etc.).
(2) In the case of return debit notes, a processing fee of 10.00 EUR will be charged unless the customer can prove that dus.net is responsible for the return debit note. In the event of a return debit note for which the customer cannot prove dus.net’s fault, the customer shall be liable for the amount of the return debit note plus VAT. the processing fee within 5 working days to one of the accounts of dus.net.
(3) If the customer defaults on his payment obligations to a not inconsiderable extent, dus.net shall be entitled to block the Internet access as well as all other services that are the subject of the contract at the expense of the customer. This does not affect the obligation to pay the delinquent fees, as well as the monthly fees. If the customer is in default of payment of the fees for two consecutive months or of a not insignificant part of these fees whose due date extends over more than two months, this shall entitle dus.net to terminate the contractual relationship without notice.
(4) In the event of default in payment, dus.net may charge interest at a rate of 5% above the prime rate of the Deutsche Bundesbank or the European Central Bank as of the relevant date. The right to claim higher interest damages shall remain unaffected.
(1) If a contract whose services include a domain ends, dus.net may return this domain to the respective registration authority after ordinary or extraordinary termination of the contract. This will terminate all rights of the customer to this domain. This applies to all domains that the customer has registered with dus.net during the term of his contract. If a domain is removed from availability for the customer due to disputes or legal injunctions, the customer has no claim to a replacement.
(2) The customer may obtain a domain at any time by placing an order with dus.net. However, the final allocation of a domain depends on availability, allocation guidelines, and trademark and copyright regulations. If a domain allocation fails due to the aforementioned reasons, the customer is obliged not to make any attempts to circumvent these reasons.
(3) If a domain is the subject of the contract, dus.net shall only act as an intermediary in the procurement and/or maintenance of the domains in relation to the customer and the respective contracting authority. When assigning a domain, dus.net does not guarantee that it is or will be free of third party rights and that it will last permanently.
(4) When ordering a domain, the customer guarantees that it is free of third party rights and/or does not violate any trademark, copyright, name or other rights. In the event of an inadmissible registration, use or utilization of this domain in this sense, the customer shall indemnify dus.net, its employees and vicarious agents, the respective registry for domains and other persons involved in the order from claims for compensation by third parties.
§17 Voice over IP
(1) dus.net VolP is a DSL provider independent VolP tariff which can only be ordered via the internet pages of dus.net GmbH.
(2) dus.net VolP enables the customer to reach other dus.net VolP connections as well as the connections of public fixed and mobile networks specified in the service description. The exact content and scope of the services can be found in the service description for dus.net VolP in the current version.
(3) dus.net VolP is offered by dus.net within the scope of what is currently technically and operationally possible. There may be temporary limitations due to influences beyond the control of dus.net. Therefore, dus.net does not assume any warranty for limitations and interruptions of the service, the cause of which lies outside the area of responsibility of dus.net.
(4) Upon request, dus.net shall provide the customer with one or more local network numbers from the local network in which the customer demonstrably maintains his place of residence or business, either free of charge or for a fee, depending on the tariff. The assigned numbers are subject to the number portability guarantee and can thus be ported from dus.net to another subscriber network operator for a fee. Changes in the place of residence or business must be notified to dus.net without delay. A change of the customer’s local network shall result in the loss of the telephone number(s) assigned by dus.net until then. An exchange of the existing local network numbers for the new local network is possible free of charge in the same quantity. In the event of number cancellation, reimbursement of the costs due up to that point in connection with the assignment of local network numbers is not possible. The emergency call functionality is ensured for one or more such local network numbers assigned by dus.net. However, the use of the emergency call function is prohibited by dus.net in case of nomadic use of the VolP connection. In addition, the emergency call functionality is limited or not possible compared to a fixed or mobile network connection.
(5) dus.net VolP may not be misused, in particular the customer shall refrain from making threatening or harassing calls. The customer also undertakes not to transmit any information with illegal or immoral content via dus.net VolP. This includes, above all, information that incites hatred, encourages criminal acts, glorifies or trivializes violence, is sexually offensive or pornographic, or is likely to seriously endanger the morals of children and young people or impair their well-being. Otherwise, the jurisdiction and legislation of the country where the VoIP connection is used shall continue to apply.
(6) The Customer undertakes not to transmit any telephone numbers when calling via VolP if the Customer is not calling from the connection or terminal for which this number has been assigned.
(7) The use of the DUStel one tariff is limited to private households, whereby only one DUStel one tariff is permitted per household. Use outside of private purposes is expressly prohibited in any form and will result in immediate blocking of the tariff by dus.net GmbH. The DUStel one tariff offers two lines that can be used in parallel, whereby the German fixed network flat rate only applies to one line when used simultaneously. The second line is then billed at the specified connection prices. The flat rate only includes connections that are set up for communication between two people without the use of automatic switching services or similar. dus.net reserves the right to charge for connections to the German fixed network that are not set up within the scope of the aforementioned conditions at the underlying DUStel one rate.
(8) Within the scope of recording call data for billing, rounding to full seconds shall be performed at the beginning and end of the connection times. Due to this rounding, the connection durations for billing can be shown and also calculated in the price one second shorter than the actual connection duration. The rate per second or per minute depends on the current rate valid at the time of the call or on the regulations of the Federal Network Agency for special number billing in the current version.
(1) The customer may only offset claims of dus.net against undisputed or legally established claims.
§19 Confidentiality; data protection; data security
(1) The contracting party is herewith appointed pursuant to §33 para. 1 of the Federal Data Protection Act and §3 para. 5 of the Teleservices Data Protection Act that dus.net processes his address in machine-readable form and for tasks arising from the contract. The customer is entitled to view the data stored on his person or pseudonym at dus.net free of charge at any time.
(2) dus.net expressly points out to the customer that data protection cannot be comprehensively guaranteed for transmissions in open networks such as the Internet, according to the current state of affairs. The customer knows that the provider can also view other data on the customer’s web server at any time from a technical point of view. Similarly, other participants on the Internet may be technically capable of unauthorized interference with network security and gain knowledge of data and messages or control their flow. The customer is fully responsible for the security and backup of the data transmitted by the customer to the Internet or stored on our servers.
(1) This contract may be transferred with rights and obligations to third parties only with the express written consent of dus.net.
(2) dus.net is entitled to change its own network, backbone and other facilities at any time. Other changes such as access numbers or IP addresses can be changed at any time. dus.net will inform the customer about these changes without delay and may ask the customer to use them exclusively.
§21 Final provisions
(1) Place of performance is Düsseldorf, Federal Republic of Germany. The exclusive place of jurisdiction for all claims arising from and on the basis of this contract, including actions on checks and bills of exchange, as well as all disputes arising between the parties concerning the conclusion, execution or termination of the contract shall be – insofar as the customer is a registered merchant, a legal entity under public law or a special fund under public law – the respective registered office of dus.net. dus.net is furthermore entitled to sue the customer at his general place of jurisdiction.
(2) This contract shall be governed exclusively by the laws of the Federal Republic of Germany to the exclusion of the Uniform Laws on the International Sale of Goods (CISG).
(3) The legal successors of dus.net shall also be bound by the obligations arising from contracts concluded on the basis of these business relations. If any provision of this agreement is or becomes invalid, this shall not affect the validity of the remaining provisions. Rather, the invalid provision shall be replaced by a substitute provision which corresponds or at least comes close to the purpose of the agreement and which the parties would have agreed to in order to achieve the same economic result if they had been aware of the invalidity of the provision. The same applies accordingly in the event that the provisions are incomplete.
(as of April 2008)
General rules of use
§1 Principle; Changes; Duties of the user
§2 Compliance with legal requirements
The user is responsible for ensuring that his use of the dus.net network does not violate any legal regulations or the rights of third parties.
§3 Content principles; protection of minors; copyrights; prohibited propaganda
In particular, the customer is prohibited from forwarding data in violation of copyright law, content harmful to minors without adequate protection against being read by minors under the age of 18, or prohibited initials, and in particular child pornography or prohibited political propaganda. This applies regardless of whether the user was aware of the content of the data material or the legal provisions when forwarding prohibited data. If dus.net provides web space to the customer, the customer undertakes,
not to deposit illegal information on the provided web space, nor to refer in any form to criminal services offered by him or third parties, or to place hyperlinks (or similar) to such Internet addresses (or contact addresses), or to deposit them in a direct or hidden form. The user shall refrain from any form of circumvention of legal provisions or the NuO.
§4 Technical principles of behavior for use
Any unauthorized interference with the integrity of the systems, of whatever nature, is prohibited. Spying on, tracking down and unauthorized obtaining or changing of data of other system participants and users, regardless of the technology, is prohibited. In particular, the User shall not attempt to circumvent the security measures of any third-party host, network or user (colloquially referred to as “cracking” or “hacking”) or to interfere with the operation of such systems.
2. electronic communication; unsolicited e-mail
Users may not send e-mails to persons who do not wish to receive such e-mails. It is expressly forbidden to send such “bulk mail” messages (“junk mail” or “spam mail”) of any kind (commercial advertisements, political tracts, announcements, etc.) or to send these or similar messages to a large number of newsgroups (or similarly organized systems) (excessive “crossposting” or “multiple posting”, also called “USENET spam”). Users may not forward or distribute chain letters or emails/postings of malicious content. The user is prohibited from falsifying or altering header information in e-mails or news articles.
§5 Violation of the rules of use
1. data removal; blocking access; liability for damages
dus.net reserves the right to remove any material or data related to the violation and to block the use of the network for one or more users if the user continues to violate the NuO despite prior request to cease and desist. Particularly serious violations may result in immediate termination of the usage permit without notice. Violations, especially if they endanger or impair the reputation and standing of dus.net and its services or prevent them, will be prosecuted and the user causing them will be held liable for damages.
2. disclosure of the user’s data in case of violation
Customers who violate this NuO may be subject to both criminal and civil liability. dus.net is legally obligated to support investigations in the case of suspected criminal violations on orders of authorities and to forward the user’s data to the authorities upon request. A review of the legality of these orders of the authorities by dus.net does not take place in principle.
3. exemption of dus.net by a user
The User agrees to indemnify and hold dus.net harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to the User’s unlawful use of the Network in violation of any applicable German or international law. The User shall be liable for defending and bearing all costs, damages, out-of-court expenses, fees (including court fees) attributable to dus.net due to such third party claims. The user shall inform dus.net of any such action or claim already existing or imminent against him.
§6 Further details and updates
Changes and technical details of the NuO are permanently available at http://dus.net/agb.