Terms and Conditions of

McDomain.de
Marco Aurich
Laubegaster Ufer 34
01279 Dresden


1. General, Scope

1.1 McDomain.de ("Provider") provides all supplies and services subject to these terms and conditions ("Terms"). They have also for all future transactions of the parties validity.

1.2 Of these terms in whole or part divergent terms of the customer will not be accepted unless this was agreed to in writing. The terms and conditions of agency apply exclusively even when provided reservation in knowledge of conflicting terms and conditions of the customer from supplier services.

1.3 The provider has the right to change the customer's consent, the content of the existing contract and these Conditions, unless the changes are reasonable, taking into account the interests of the provider for the customer. The consent to the amendment of the contract shall be deemed granted if the customer does not change the object within one month after receiving the notice of change. The provider agrees to notify the customer as part of the change notification to the consequences of non-objection.


2. Conclusion

2.1 The request of the customer on completion of the proposed contract is either created in the transmission of the online order form in writing to the provider or the dispatch of an electronic declaration where this is offered in individual cases. The customer shall be bound to his request for 14 days. The contract is only with the explicit acceptance of the customer's application concluded by the provider or the provider made ??the first purchase is fulfilled.

2.2 Right of withdrawal after the remote trading law:
As far as the customer is a consumer, he may revoke his contractual declaration within two weeks without giving reasons in writing. The period begins with the receipt of this notice. The revocation period is sufficient to send the revocation. The revocation must be sent to:

McDomain.de
Marco Aurich
Laubegaster Ufer 34
01279 Dresden
Telefax: +49 (0)351 2067341

In case of a cancellation shall return to the mutual services. The right of withdrawal expires prematurely if the provider has begun with the express consent of customers before the cancellation deadline with the performance of the service (eg, domain registration, account setup and activation, etc.) or the customer himself has initiated (eg as downloading of software programs, online orders in real-time ordering, online orders, etc.).


3. Contract, contract modification

3.1 The provider provides the customer in accordance with the respective terms of reference of the Research Fields tariff hlten a fully operational, dedicated computer system consisting of the appropriate hardware and software, or memory (hereafter referred to both uniform as a server) on a virtual server 'disposal. The customer has no real rights on the server hardware nor a right of access to the rooms in which the server is located. In addition to providing the server of the provider owes its efforts, the customer contract data stored on the server about which provider to the entertainment system and the associated Internet for r to make Publicly available. The provider is for r the retrievability only responsible in so far as the non-access exclusively on the lead part of the network operated by the Previous to courtesy is.

3.2 Except where the respective terms of reference of the chosen rate is called a certain amount of memory, it applies to the whole, with the performance specifications available space on the server and is used among other things, the storage of log files, etc.

3.3 The provider will retain the right to extend, alter and improve, especially if pertinent to the technical progress, appear necessary to prevent abuse, or is the provider required to do so due to statutory regulations. Voluntary, unpaid services and services of the provider, which expressly designated as such and not part of the specification, may be discontinued at any time. The provider will take changes in attitude and the free services and benefits to the legitimate interests of the customer perspective.

3.4 The provider has the right to use one to provide service at any time and in any amount of third parties.

3.5 The provider may also its rights and obligations under this contract to transfer one or more third parties ("Transfer Agreement"). The provider must notify the customer the transfer of the contract at least two weeks before the date of acquisition. In the event of transfer of the contract, the customer has the right to terminate the contract effective date of the contract transfer.


4. Contract duration, termination, cessation of the service

4.1 Unless otherwise specified in the respective terms of reference indicate otherwise, the contract has a term of one year and renewed for the same period, if not two months of the contract is terminated before the end of each term.

4.2 This does not affect the right of both parties to terminate without notice for good reason. An important reason for the provider, in particular if there is at least one of the following situations:
- the customer is with the payment for more than 20 calendar days in arrears;
- the customer culpably violates despite warning against a contractual obligation;
- the customer despite warning not removed within a reasonable period of contract or breach of law.
A warning is not necessary if it is a violation which makes a continuation of the contract for the provider unreasonable. This is particularly the case:
- with obvious and serious breaches of contract or law, such as storing or making available for retrieval
o of apparently adult content as defined in § 4 Youth Media Protection State Agreement and / or
o obviously copyrighted software or audio-visual content (music, videos, etc.) and / or
o content, the holding available or spread offense is obviously
- for criminal spying or manipulation of data from the provider or other provider's customers by the customer and / or

4.3 The termination rate is also selected for the respective options, in particular additional domains can be, the contract generally unaffected.

4.4 The ordinary and extraordinary termination shall be effective in text form.

4.5 After termination of the contract provider for the provision of contractual services is no longer required. It can erase all data residing on the server of clients, including emails in the mailboxes are located. The timely storage and backup of data is therefore the responsibility of the customer. In addition, the provider is entitled upon termination of the client domains that have not been transferred to a new provider to release.


5. General Duties of the Customer

5.1 For all Content that the customer will be found on the server or saves the customer is responsible. The customer is under obligation to comply with its statutory and contractual arrangements for the conduct of third parties who act on his behalf, especially vicarious agents responsible. This also applies to other third parties, which he knowingly provides access to services and services of the provider's services. The provider is not obliged to check the customer's server for possible violations.

5.2 The customer agrees to hold the provider for the access obtained passwords secret and to inform the provider immediately, as soon as he becomes aware that a third party, the password is known.

5.3 The customer is obliged to indicate the provider's full name and a serviceable mail address (no PO box address or other anonymous), email address and telephone number. If the customer's own name server or name server uses a third party, he has also specify the IP addresses of primary and secondary name server, including the names of these servers. The customer assures that all the providers reported data are accurate and complete. The customer has to update changes the data to be immediately on the customer menu or by notice to the provider by mail, fax or email.

5.4 The Client undertakes in the event of a breach of clause 5.3 to pay a contractual penalty according. Clause 12

5.5 The Customer undertakes to inform the provider immediately and completely if it is taken out of use of the contractual services judicially or extra-judicial claims.

5.6 The customer is obliged, all files and software settings to which he may even secure a regular basis. The backup must be done in any event before making any change made by the customer before service and the provider, if such were announced early by the vendor. The customer-created backups are not to be stored on the server.


6th Restrictions on the use by customers, regulatory compliance, third party rights

6.1 The customer must ensure that the Internet sites or other information provider's customers, server stability, server performance and server availability will be affected in any way contrary to the contractually agreed use. In particular, the client is not allowed on the server
- banner programs (banner exchange, ad servers, etc.) to operate;
- Freespace offers subdomain services, Counter-systems to offer;
- to run a chat forum, unless the tariff for the customer contains a vendor-supplied from the chat system.

6.2 The customer is obliged under the statutory rules, to make particular reference to the TDG and MDSTV prescribed information.

6.3 The information accessed by the server, stored data, inserted banners and the, at the keywords used in searching is not against legal prohibitions, the morals or the rights of third parties (especially trade names and copyrights). The customer is not expressly prohibited pornographic content, and offer profit-making services or to offer pornographic or erotic content (eg pictures of naked, peep shows, etc.) have as their object. This applies even if the content is stored on a server other than the provider and the only means of a registered supplier on the domain or subdomain or Unleitung be achieved.

6.4 The Client undertakes in the event of a breach of Clauses 6.1 to 6.3 on payment of a penalty pursuant. Clause 12


7th E-mail sending and receiving, prohibition and penalties for "spam" emails

7.1 The provider has the right to limit the maximum size of emails to be sent to an appropriate value. Insofar as the relevant service description indicates otherwise, this value is 50 MB.

7.2 The sending of emails on server systems or the provider and the shipping on the domains that are registered with the provider is not permitted, unless it is a massive delivery of emails to recipients without their consent is and / or it is a marketing email and consent of the recipient is not present even though this is required (hereinafter referred to as a whole? spam? called). The proof of consent (see § 7 para 2 UWG) of each recipient is the customer. Customer is also prohibited by other providers sent spam emails to promote content that is available at one of the provider or the registered domain hosted with the provider.

7.3 The Customer is also prohibited on the Web via scripts more than 500 emails per hour per service plan and / or so-called? Paid-mails? or emails with one? Referral System? advertised will be sent.

7.4 The Client undertakes in the event of a breach of clause 7.2 and / or Section 7.3 to pay a contractual penalty according. Clause 12

8th Fee payment, pay increase, arrears, pay refund

8.1 The amount of the customer to the provider and the fees to be paid each billing period arising from the specifications of the customer's chosen rate. The fees are usage-independent, unless otherwise apparent from the specification, a year payable in advance, the registration of services with billing.

8.2 The invoice will be exclusively online. The bill is adjusted in the configuration menu of the client and can be accessed by the customer. The client explicitly agrees that no bills be sent to him in writing by post. Should the customer still a dispatch of the bill in the mail, the party entitled to charge for this invoice per EUR 5.00.

8.3 The customer authorizes the supplier to collect payments from customers to be provided at the expense of a customer account specified. The customer has to bear for the extent sufficient funds in the account concerned. Is possible because of the customer is responsible reason not to participate in the direct debit falls due to the increased processing effort is an administration fee of 10.00 EUR for each invoice. If a bank debit the provider is also entitled to charge next to the bank charges a processing fee of 10.00 EUR.

8.4 Is the customer with a payment of at least seven days in arrears, the supplier is entitled to refuse performance. Usually this happens through the blocking of the account (Section 11.1). If the customer defaults on payment of a minimum of 14 days in arrears, the supplier is entitled to terminate the entire contract with the customer for an important (Section 4.2).

8.5 The provider is entitled to increase the fees reasonable. Appropriate in every case so far is an annual increase of 5%. The fee increase requires the approval of the customer. The approval is deemed granted if the customer does not contradict the increase within one month after receiving the notice of change. The provider is obliged to inform the customer with the notification of change to the consequences of non-objection. If the customer the price increase, the suppliers have a special right of termination.

8.6 Prepaid fees will be refunded to the customer when the contract ends before the expiry of the period. In the event of extraordinary termination pursuant to Section 4.2 of the provider has the right to payment of the fee agreed for the entire duration of the contract.

8.7 With claims of the supplier claims, the customer only if they are uncontested or legally established. The assertion of a lien, the customer only for counter-claims arising from the contractual relationship with the provider.


9th Power disturbances

9.1 For service disruptions is the only party responsible for the extent that they relate to him in paragraph 3.1 of deliverables. Especially for the proper functioning of the Internet presence of the customer, consisting of the set played on the server data (eg HTML files, flash files, scripts, etc.), the provider is not responsible.

9.2 Faults have to remove the provider as part of the technical and operational possibilities. The customer is obligated to notify the provider of him immediately recognizable disorders (? Fault message?). If the elimination of the fault within a reasonable period, the customer has to contact the vendor a reasonable period. If the fault is not remedied within this period, the customer is entitled to compensation for harm suffered as part of Section 10
9.3 If
affects the functioning of the server of the disputed content or because of a contract beyond the intended purpose of use (section 6.1), can make the customer regarding any rights based on it malfunctions. In the case of force majeure, the provider is exempt from liability. This particularly applies to legal strikes, also in third-party companies and government action, unless the provider.


10th Liability

10.1 A liability of the provider is solely under the clauses 10.2 to 10.6. The following liability provisions shall apply this law to claims for any reason.

10.2 The supplier indemnifies the customer for damages that are caused by him or any of its agents or legal representatives intentionally or through gross negligence. For damages from injury to life, limb or health, liability is also a simple breach of duty of the provider or his legal representatives or agents of the unlimited. Likewise, the amount is unlimited liability for damages that are due to serious negligence of the provider organization, or for damage caused by the lack of guaranteed quality.

10.3 If clause 10.2 does not intervene, the provider shall be liable for breach of contract shall be limited to typical foreseeable damage. The maximum liability is also in other cases as those of Section 10.2 is limited to the amount paid by the customer to annual salary.

10.4 If one of the provider data loss is liable, the provider only for the cost of back up and restore data that would be lost even with a standard backup procedure of the data. A liability exists only under the liability provisions of these Terms.

10.5 Claims of the provider, based on the loss of life, limb, health or freedom barred, without regard to their origin and the knowledge or grossly negligent lack of five years from the commission of the act, breach of duty or the other, the damage-causing event. Other claims by the provider, not arising out of warranty, fraudulent misrepresentation or a willful act expire in six months.

10.6 The liability under the Product Liability Act and the Telecommunications Customer Protection Ordinance to remain unaffected by the aforementioned liability regulations.


11th Blocking and unblocking conditions, reimbursement
11.1
Makes the provider blocking, he is entitled to block all contractual services and benefits. The choice of the blocking measure is the extent at the discretion of the provider. The provider will take into consideration the legitimate interests of the customer. In particular, he is in the event of a blockage that occurs because of the content on the Web server, allowing the customers their amendment or elimination. The reason for blocking already obtained from the customer's registered domain itself, the provider is entitled to the domain of the client in the care of the registrar. By blocking the customer is not released from its obligation to pay the agreed fees. The provider meets its reporting obligations, if he releases the respective via email to the email address specified by the customer (Section 6.3) sends. For blocking and unblocking the provider can charge a flat fee each from 10.00 EUR (? Blocking and Entsperrgebühr?).

2.11 there is an obvious (= obvious) behavior of the customer or a third party conduct attributable to this (see paragraph 5.1) before that violates applicable German law or the rights of third parties may make a revocation of the provider (section 11.1). The provider uses the customer informed in advance. The provider can make unblocking the condition that the customer removes the illegal status and made to exclude a recurrence risk of a contractual penalty clause declaration to the provider and has provided for the payment of an therefrom any possible claims arising in the future resulting penalty security. The amount of the penalty promise is geared to the significance of the offense is in violation of intellectual property rights and competition law, however, usually over 5,000 EUR.

11.3 Does the vendor, it is possible that a behavior of the customer or a third party conduct attributable to this (see point 5.1) exists that violate applicable German law or rights of third parties, but this is not obvious (obvious =) , provider of the customer, stating the reasons and under the threat of blocking sets in and calls him a deadline to submit comments. If the provider then still blocking (Section 11.1) before he puts the customer accordingly. The provider can make unblocking the condition that the customer is given the required written statement and provide security. The level of security equivalent to the extent that the amount of expected costs of the provider in the event of a claim by a third party.

11.4 If the supplier from third parties, or is taken by state authorities because of illegal or in breach of contract claim in the Client's obligation to the customer to indemnify the vendor against all claims and to bear those costs associated with the use or disposal the unlawful situation are incurred. This includes the legal costs of the provider. The exemption has also - as a contract in favor of third parties - for the respective domain-registrar, and other for the registration of domains switched people.


12th Penalty

For each case, the customer is responsible of a violation of obligations under paragraphs 2.1 and / or 3.1 and / or 5.1 and / or domain registration conditions of the provider and / or against items 5.3 and / or 6.1 and / or 6.2 and / or 6.3 and / or 7.2 and / or 7.3 of these Conditions may require the supplier by the customer pay a penalty of up to 5,100 EUR. The customer can verify the amount of the provider in a particular case to be fixed penalty in court. Unless the customer is an entrepreneur (§ 14 BGB), the plea of ??continuing relationship is excluded. In case of persistent violations so far each month counting as a separate violation. The claim further damages remains unaffected by the penalty.


13th Privacy Policy

13.1 The provider collects, processes and uses personal data of customers. For more information on data processing and data protection arise from the privacy policy of the party, which is available on the homepage of the provider.

13.2 The customer is aware that the content stored on the server can be from a technical point of view from the provider viewed at any time. In addition, it is theoretically possible that the data is the client for data transmission over the Internet accessed by unauthorized third parties.


14th Jurisdiction, Applicable Law

14.1 The court of jurisdiction for all claims arising from the contractual relationship between the Parties arising disputes, especially over the formation, the settlement or termination of the contract - if the customer is a merchant, legal entity under public law or public special assets? Dresden. The provider may also sue the customer at his general jurisdiction.

14.2 by the provider on the basis of these Conditions of contracts and for the consequent claims of any kind apply exclusively the right of the Federal Republic of Germany excluding the provisions of the uniform UN Convention on contracts for the sale of goods (CISG ).


15th Off, retention, written form, age, severability clause

15.1, with claims of the supplier claims, the customer only if they are uncontested or legally established. The assertion of a lien, the customer only for counter-claims arising from the contractual relationship with the provider.

15.2 The Customer expressly with submitting an order, that he has reached the age of eighteen years, has full legal capacity and be located predominantly residing in the Federal Republic of Germany. If the customer has eighteen years of age, he assures us with the task order, that he is entitled to it. The provider has the potential criminality of a false statement to herewith. Unless the customer is domiciled in the Federal Republic of Germany, it is up to the provider, not the conclusion of contractual relationships between customer and provider agree.

15.3 The Parties agree that the extent provided in these Terms of writing, this is guaranteed by fax and not by email.

15.5 If the provisions of this Agreement and / or the contract be or become invalid, this shall not affect the validity of the remaining provisions. The Parties undertake to adopt, instead of an invalid provision a valid agreement, the business purpose of the invalid one as far as possible close.


(Stand: 10.11.2009)


domain registration conditions
of
McDomain.de Marco
Aurich
Laubegaster Ufer 34
01279 Dresden
If the customer is registered on
McDomain.de a top-level domain (eg ". DE") apply in addition to the terms and conditions of McDomain.de, Marco Aurich, Laubegaster Ufer 34, 01279 Dresden ("Providers "), the following rules:


1 General, legal conditions, conditions of third parties

1.1 The various top-level domains are administered by various different, usually national organizations. On procuring and / or maintenance of domains (eg,. DE) the provider in the relationship between the customer and the organization providing domain-registrar (eg DENIC) act only as intermediaries. Each of these organizations for the award of domains has its own conditions for the registration and administration of domains. In addition, therefore, apply the relevant respectively to be registered for the registration terms and conditions and policies, eg At DE-Domains DENIC, the registry DENIC registration conditions and the guidelines of the DENIC These are part of the contract. For the registration of other top-level domains is therefore covered by the terms of the respective contracting authority shall send the provider to the customer upon request and can also be accessed on the Internet at the respective registry.

1.2 More specifically, in the assignment. eu domains, the customer agrees to expressly agree that the Registry (EURid) is entitled to the contract by the supplier with the registration data submitted by the customer to third parties

a) if it is prompted by a public authority in carrying out their lawful duties, and

b) due to a request from an alternative dispute resolution provider, in Section 16 of the named among www.eurid.eu published and accessible terms and conditions, and

c) pursuant to Section 2 (Whois query option) for the under www.eurid.eu published and accessible Whois conditions. eu domain names.
1.3 Is the customer
Reseller (non-consumer). eu domains, he is obliged to ensure that the end user (registrant) is clear at any time that the registration through a third party, accredited Registrar is, and that there therefore a contractual relationship between the customer and the accredited registrar. In addition, the customer, who has worked as a reseller. Eu domains, to require its customers to comply with registration requirements and the customer unless the customer is again resellers to ensure that these customers do likewise committed.


2 Auditing requirements of the customer

2.1 The customer checks before applying for a domain that this domain does not infringe third party rights and does not violate the law. The customer assures that he has complied with those obligations and that have resulted from this examination does not reveal any violation of law.

2.2 The Client undertakes in the event of a breach of Section 2.1 to pay a penalty (Section 12 of the Conditions of the supplier).


3 Registration Data Disclosure

3.1 The customer has the obligation to indicate the correct domain name registration and full details of the Registered Name Holder ("Registrant"), the administrative contact ("Admin-C") and the technical contact ("admin tech"). Regardless of the relevant registration requirements, this includes each of the name, a summons mailing address (no PO boxes or postal mail address) or email address and telephone number. The customer must upgrade immediately to changes in the data on his customer menu or by notice to the provider by mail, fax or email.

3.2 The Client undertakes in the event of a breach of Section 3.1 to pay a penalty (Section 13 of the Conditions of the supplier).

3.3 The customer is obligated to notify the provider immediately if he loses by a court decision, the rights to a domain registered to him.


4 Registration Procedure

4.1 The provider will arrange for the contract to the responsible application of the appropriate domain registrar. The provider is entitled to the activation of a domain until payment of the agreed fees for the registration. The provider has the domain assignment by the organization's control. The provider does not guarantee that the customer applied for the domain will be reassigned and / or domains allocated free of third party rights or permanent. The information from the provider about whether a particular domain is still done by the vendor due to third-party information and refers only to the time of obtaining the information provider. Not until the registration of the domain for the customer and the entry in the database of the registrar, the domain is assigned to the customer.

4.2 The customer is registered with the respective registry as a domain owner and Admin-C. For technical reasons for domains ending in. Com,. Net,. Org,. Cc,. Biz and. Info as the email address of the Admin-C entered an email address of the provider. The customer's rights are not affected. The customer agrees to this procedure explicitly.

4.3 A change in the requested domain by registering with the respective Registrar is excluded. Possible termination and then only a new application of the desired domain. If a requested domain was to forward the application to the Registrar already in use, the customer can choose a different domain. The same applies if a provider change the current provider rejects the change of provider. As far as individual domains by the customer or be terminated due to binding decisions in domain disputes, the customer is not entitled to apply for a free replacement domain.


5th Declarations, termination, reimbursement of charges

5.1 All statements regarding domains, especially domain termination, change of provider, domain deletion, must be in writing.

5.2 can in all the domains registered provider, the customer in compliance with this domain registration conditions and the particular conditions of the contracting authority to terminate them or move to another provider, provided that the appropriate top-level domain (eg ". DE ") provides or supports the change of provider for the required conditions and technical requirements. Unless expressly provided to the entire web hosting contract is terminated, but is merely the termination of a domain / multiple domains / all domains, the web hosting as such agreement exists or the contract for the remaining domains continue, as they also terminated regardless of the domain can still be used.

5.3, the provider of the provider change (KK-application) of the new provider not accede to the customer on time, because the provider change was prompted by the new provider or the customer are late or are not met for the approval of necessary conditions is The provider expressly authorized the terminated domain to be deleted on termination date in the respective registry ("CLOSE"). The provider reserves the right to give KK requests to place only when all undisputed outstanding amounts are paid by the customer.

5.4 If the registration of the domain for each registration period, even after termination of the contractual relationship continues with the provider and so the domain is still available on either a domain still contained in the tariff for additional domains for a refund fees already paid for a domain .


6th "Domain Reseller"

6.1 If a customer domain to another person, especially a customer's customer ("second customer") is registered, the customer may change the data in this domain - make only when a written - especially the transfer of the domain behalf of the domain holder and / or the Admin-C of the relevant domain is present. This applies to both a change order to the customer that makes their own behalf, and for an order he issued to the provider on behalf of the second customer.
6.2 The Client undertakes in the event of a breach of clause 6.1 to pay a penalty (Section 13 of the Conditions of the supplier).

(as of 10/11/2009)