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alRedisp
Alredis ISP - Internet Service Provider
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General terms and conditions of the Alredis |
Alredis - Condiciones generales |
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Basic Terms of Contract
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For all business relations between the company
Alredis
and the customer,
the following General Terms and Conditions
and the information on the web pages of ours apply.
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Alredis
does not accept any alternative general terms and
conditions of the customer.
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Alredis
is entitled to change these General Terms and Conditions at any time.
The changes become effective for the customer,
if the customer does not object to them
within 14 days of their announcement.
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In the case of an objection,
Alredis
is entitled to terminate the contract
on 1 month period of notice.
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These General Terms and Conditions
and the future changes to them
can be accessed on the internet on the webpages of
Alredis
at all times.
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The customer is obligated to take notice of the
General Terms and Conditions of
Alredis
as well as all respective appendices relevant
to the customer and to save them.
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Governing Law
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This agreement shall be governed only by
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subsidiary agreements in writing,
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these General Terms and Conditions,
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the Laws of the Federal Republic of Germany
exclusively in the above listed order.
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A right to revoke or a return privilege in accordance with
the Act on Distance Selling [Fernabsatzgesetz] does not apply
if the services of
Alredis
are rendered as requested by the customer.
In particular, this applies to the registration of
the domain name given by the customer.
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Offer and Conclusion of Contract
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A contract is only closed through the written or
electronic confirmation of the application by
Alredis
or if the purchase is fulfilled.
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Should services of
Alredis
only be partially deliverable,
the customer will also accept part delivery.
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All prices listed on the web site of
Alredis
are binding and subject to change
without notice.
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The customer undertakes to check the order confirmation of
Alredis
and to notify
Alredis
in the event of any mistakes and/or discrepancies.
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Domain Registration
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In the procurement and administration of domains
Alredis
only acts as a mediator between the customer
and the institutions authorized with the administration
of the central databases and their registrars.
As it has no influence on the distribution process
of domain names and/or the rights of third parties involved,
Alredis
cannot give any guarantee for the actual registration
of the domain the customer applied for or
for the continued existence of a registered domain.
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The customer guarantees that the domain name
in the registration application
and the intended use of the domain
do not interfere with the rights of any third party.
The customer further guarantees that no penal and monetary
fine regulations nor any other legal regulations are violated.
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Alredis
has the right to carry out registrations via an authorized registrar,
an intermediary or directly.
In this respect, the terms and conditions of the registrar
or the intermediary additionally apply.
These terms and conditions can be accessed on the web pages of
Alredis.
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Domains are administered by a multitude of different,
typically national organizations.
Each of these organizations
has different terms and conditions for the registration
and administration of domains and for the proceedings
in the event of domain name disputes.
In so far as domains are a subject matter of the contract,
the terms and conditions for the registration of domains
of the respective competent organization additionally apply.
The customer is obligated to take notice
of these registration terms and conditions
and to save them.
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In the event of the registration of multilingual domain names
the customer is hereby expressly informed that
Alredis
does not have any control of these registrations
and that such services can be permanently interrupted
and/or modified without prior notice.
The customer bears all risk for such
interruptions and/or modifications interfering
with or preventing the use and/or the intended use of
one or more multilingual domains.
The customer accepts that the mode of operation of
multilingual domains is not concurrent with that
of conventional domains.
The customer further accepts that due to the
necessary introduction of technical innovations
a multilingual domain may not necessarily function.
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Dispute Resolution
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The customer agrees to clarify and resolve
all domain disputes in accordance with the
dispute resolution regulations
of the competent organization.
The respective regulations are
published on the web pages of
Alredis.
These regulations may be written in the language
of the respective country and thus may
differ from the contract language.
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The customer accepts that
Alredis
in the event of arbitration
may be obligated to block or cancel a domain
or to transfer the domain to a third party.
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Availability of Online-Systems
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Alredis
generally guarantees the availability of their
online systems on 7 days a week, 52 weeks a year.
The guaranteed mean annual availability is 97%.
However, excluded are all times
when maintenance work is carried out
and when single or all users due to technical
or other problems which are outside
of the influence of
Alredis
- that is in particular force majeure,
the acts of third parties, and so on
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In the event of damage, the aggrieved party has to
prove that
Alredis
is responsible for the downtimes.
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Limitation of Liability
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For all services of
Alredis
liability will be limited to
intent and gross negligence.
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In the case of paid services,
liability in the event
of gross neglicence
is limited to the amount
of the fee paid by the customer
for the respective service or service period.
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Alredis
cannot be held liable for mistakes,
delays of services and server downtimes
outside of their influence,
in particular outside of their network and databases.
In the event of such disruptions,
Alredis
is entitled to postpone the delivery or service
by the time of the duration
of the disruption plus an appropriate start-up time.
Alredis
further has the right to limit the access to the services
if the security of the network operation,
the upkeep of the network integrity,
in particular the avoidance of grave disturbances
of the network, the software or the stored data
should require such actions.
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By accessing the registration system
and using the services of
Alredis
the customer agrees to indemnify
Alredis,
agents, partners, ICANN, the central registry
as well as all persons involved
in the registration process with respect to all claims,
demands, liabilities and/or costs resulting
from an illegal use of a domain name registered by the customer.
This also applies to all claims resulting from force majeure,
intervention by government or administrative authorities,
strike, unrest, war, natural disasters,
scarcity of general telecommunication services
or similar influences that are outside of the direct influence of
Alredis.
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Duration of Contract and Termination
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Should
Alredis
within service contracts provide
any services free of charge,
such services can be terminated at all times
without giving any reasons and notice.
However, in the event of such cases
Alredis
will terminate the services on 1 month notice.
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In the case of registration or transfer of domains,
the duration of contracts and their renewals
depending on the respective domain
can be between 1 to 10 years.
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For registered domains the contract will automatically
be renewed for further 12-month periods
unless the contract is terminated
on at least 3 months notice
before the expiration of the then current term.
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For the use of web and mail space
a contract with limited duration
will be renewed by further 6-month periods
unless it is terminated on at least 1 month notice
before the expiration of the then current term.
Contracts with unlimited duration
as well as other contracts for the transfer of use
and enjoyment, as for example file services,
database storage, and so on can be terminated
on 1 month notice by the end of each month.
This will not effect a termination of contract for cause.
A termination for cause for all services of
Alredis
in particular presents itself if the customer
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in the case of a contract with minimum duration
is more than 14 days delayed in paying
the amount of 1 monthly fee,
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in the case of all contracts with unlimited duration
is more than 20 calendar days
delayed in paying the fees,
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culpably violates the obligations
of the contract or theTerms and Conditions,
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has clearly committed any illegal acts,
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despite warning within an appropriate period of time
has not modified his web pages in such a way that they comply
with the legal and contractual provisions,
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culpably violates the registration conditions
or regulations.
In such cases all rights of the
customer will be forfeited.
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The customer will be informed on his obligation to pay
no later than 30 days before the end of the term of contract.
Should the fee for renewal not be paid in time for the renewal
or should the customer not show the necessary balance at
Alredis,
that can be set against the fee,
Alredis
is entitled to discontinue its services
and to cancel domains.
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In the case of cancellation of domains,
Alredis
is entitled to the continuation of the complete payment
for the registration
for the duration of the agreed accounting period.
There is no prorated refund.
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Should
Alredis
in accordance with the terms and conditions
of the respective registrar not be able
to maintain the sub-level domain of the customer,
Alredis
has the right to terminate the contract
with the customer on these services
for cause on a 14 day notice by the end of the month.
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Data Privacy Protection
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According to Section 33 of the
German Law on Data Privacy Protection [BDSG],
Alredis
informs his customers that
within the registration processes
personal data is stored and passed
on to third parties involved in the registration process.
This includes the storage of personal data in
so-called -WHOIS- databases.
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The customer guarantees that all
data submitted by him is correct and complete.
By changing the data via the web interface
the customer further agrees that these modifications
are correct and true.
The customer acknowledges that providing
incorrect data will lead to the immediate forfeiture
of all rights resulting from the service.
In such cases, there will be no refunds.
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Alredis
is authorized to process and use customer data
to consult customers and to improve its service offer
to tailor it better to the needs of the customers.
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The customer at all times is entitled to be informed
free of charge on his personal data stored.
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The customer agrees to Alredis sending information and
marketing emails to the customer-s email address.
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Pricing
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All prices for the complete range of services of
Alredis
are published on its website.
These prices can be changed at any time.
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For all services, only the rates and taxes published
on the website on the day
of the actual conclusion or reneweal of contract
are applicable.
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Payment
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Payment by the customer can be made by debit,
PayPal or by wire transfer.
In the case of PayPal or bank transfer
the customer is obligated to pay in advance.
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Services by
Alredis
will only be rendered upon the customer
submitting the credit card number and expiration date
of the credit card
or upon the crediting of the required amount
to the account of
Alredis
through direct debit,
submitted cheque or advance bank transfer.
All transaction costs are to be borne
by the customer.
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The customer will receive a monthly invoice
for all services rendered by
Alredis.
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The customer agrees to
Alredis
providing all invoices in
PDF-format in a protected area.
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The customer agrees that he will forfeit
all rights to the services of
Alredis
in the event of a claim back by his bank
or credit card company, in the event of credit card fraud
or reversal as well as in the case of credits
in the event of nonpayment upon the expiration
of an appropriate period of time set by
Alredis.
Alredis
in such cases has the right to include reserved domains
in their own portfolio or to release them to third parties.
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Should the customer wish to receive an invoice by
regular mail,
Alredis
is entitled to charge
3.00 €
per mailing.
In the case of debit entries,
Alredis
additionally charges a processing fee of
8.00 €
per debit plus the transaction costs of
Alredis
which are currently
9.00 €
per debit entry.
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In the event of premature termination
of a contract service the payments made for this service
are not refundable and there is no prorated refund.
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Advance payments for domains that could not be registered
will be credited to the customer-s account
and will be refunded immediately upon the customer-s request.
Any transaction costs for the refund will be borne by the customer.
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Resellers need to show sufficient funds in their account at
Alredis
to cover the payments owed by contract
for the commissioned registration or renewal.
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Should a customer not show the necessary balance,
Alredis
is entitled to withhold the service
without further notice
or to include registered domains
in their own portfolio or to release them.
However, also in this case,
the payment agreed by contract still remains owed.
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The customer may only set his own claims
against the claims of
Alredis
if there are no objections to these claims
or if these claims have been deemed legally enforcable.
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Consideration
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To the extent of using web hosting services of
Alredis
customers are obligated to indicate
the contents published by them
as their own by providing their name and address.
The customer agrees to identify the contents featured
on his internet site as his own by providing
his complete name and address.
The customer is hereby informed that
there may be further obligation of identification,
e.g. if the internet pages offer tele services or media services.
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The customer may only feature contents
that do not offend any legal prohibitions,
the rights of third parties,
or bonos mores.
In particular, the customer agrees not to offer
any pornographic contents.
The customer may not enter his internet presentation
into search engines using keywords
that would violate any legal prohibitions,
the rights of third parties or bonos mores.
In each case of contravention
of the above mentioned provisions
the customer undertakes to compensate
Alredis
for all damages resulting from the violation
of the above mentioned provisions.
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The customer agrees to indemnify
Alredis
with respect to all claims resulting from the violation
of the above mentioned obligations.
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Alredis
has no obligation to check the the contents
of the customer-s websites or internet presentations
on possible violations of law.
Upon detecting legal violations
or undue contents
Alredis
is entitled to block such internet presentations.
Alredis
will immediately notify the customer of such measures.
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Should third parties put forth claims against
Alredis
resulting from actual or alleged infringements
of their rights,
Alredis
has the right to undertake everything
to stop the delivery of such undue content.
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In the event of an hacker attack,
Alredis
cannot be held liable in any way.
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The customer is hereby informed that
in the case of the use of SMS
there is no possibility for checking
cases of abuse.
The customer undertakes not to use SMS
for illegal purposes.
The customer indemnifies
Alredis
with respect to all claims of third parties
resulting from the illegal use of SMS.
In the event of illegal use of SMS,
Alredis
has the right to block this service.
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Responsibilities of the Customer
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The customer undertakes to keep passwords
given to him by
Alredis
for the access to the services
strictly confidential and to notify
Alredis
immediately should he learn about
any unauthorized access to the passwords by third parties.
Should third parties receive access to services offered by
Alredis
through the abuse of these passwords,
due to fault of the customer,
the customer is liable to
Alredis
for all user fees and damages.
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The customer agrees not to send
or to have sent any emails containing
any type of advertisement
without the explicit agreement
of the respective recipient.
In particular, this applies
if the respective emails all have the same content
and are sent out in a mass mailing
(so-called spamming).
Should the customer violate this obligation,
Alredis
has the right to block all services immediately
and to hold the customer liable for all resulting damages.
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The customer undertakes to check
the incoming messages in his email accounts
at regular intervals of no longer than 2 weeks.
Alredis
is entitled to return incoming personal messages
to the sender, should the capacity of the mail box prescribed
in the respective package be exceeded.
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The customer is obligated to design
his internet presentation in such a way that
he can avoid exceeding the agreed amount of traffic,
e.g. by not using CGI-scripts,
which require higher computing power
or need more than the average memory.
Alredis
has the right to close web pages to customer
or third-party traffic if they do not comply
with the above mentioned requirements.
Alredis
will immediately notify the customer of such measures.
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Volume for additional data transfer
depending on the technical capacity
of the computing centre
and under consideration of the obligation to offer services
to all customers will be made available by
Alredis
upon agreement for an additional fee
based on the price list currently applicable.
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The customer undertakes not to run any chats
on any internet presentations at
Alredis.
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Entire Agreement
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Modifications, amendments and terminations
must be made in writing.
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For commercial customers, legal persons
or persons without place of jurisdiction in Germany,
in the case of dispute resulting from these
General Terms and Conditions with
Alredis
Zweibrücken is the exclusive place
of performance and jurisdiction.
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These General Terms and Conditions shall be governed
by the Laws of the Federal Republic of Germany
excluding the provisions of the uniform
UN Convention on Contracts
for the International Sale of Goods (CISG)
on the sale of movable goods.
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If any provisions of these General Terms and Conditions
are held to be invalid,
such invalidity will not effect the
remaining provisions.
All provisions deemed unenforceable
due to a legal mistake or invalidity
to the extent possible shall be replaced
by provisions that are enforceable
and correspond as much as possible
to the original intent.
As far as permissible, the replacement
of the provisions to the above
mentioned extent will be made by
Alredis.
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Concurrent Spanish and English versions of the General
Terms and Conditions of
Alredis are available.
The Spanish version of these
General Terms and Conditions is applicable.
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