Preamble
The firm „mediadefine GmbH“will be labelled in short form as „mediadefine“in the following. The party concluding a contract with mediadefine will be labelled as contracting party and customer respectively.
§1 Scope
mediadefine renders all deliveries and services for content2project.HOSTING, content2project. CMS, content2project.E-MARKETING and further ASP services exclusively on the basis of the general terms and conditions and this additional and concretising terms and conditions for the products content2project.HOSTING, content2project.CMS, content2project.E-MARKETING and further ASP services. The general terms and conditions are anytime available for free on the internet under http://www.mediadefine.com or http://www. mediadefine.net or http://www.mediadefine.de and the single content2project product terms and conditions under http://www.content2project.net or can be requested at mediadefine.
§2 Service exclusion
Matter of the contract between the contracting party and mediadefine is not the composition of the technical assumption for an internet access, not the procuration of an internet access itself, not the local composition of e-mail accounts and programs and not the functional efficiency of the local IT infrastructure, networks, systems and computers of the contracting party.
§3 Duties, terms of use and liability
1. The contracting party releases mediadefine from any liability concerning the contents memorised and published by him like e.g. websites and the result from the utilisation of ASP services when the data and information are transferred to the server of mediadefine and accepts that mediadefine takes no responsibility for these. mediadefine does not check the memorised data and published contents.
2. The contracting party commits to memorise the data and information which he transferred and memorised on the servers of mediadefine in the original. He is informed about it, accepts it and takes the risk that in the area of the transmission path there is the possibility to overhear the transferred data. He agrees that mediadefine makes a security copy (Backup) of all his transferred and memorised data at least once a day to be able to restore them in the case of a unpredictable loss of data. Nevertheless, the contracting party himself is responsible for his security copies of his data.
3. The data memorised by the contracting party on the servers are property of the contracting party and can be delivered to him after the expiration of the contract in common legible formats in the last memorised version.
4. In case that potential requirements of a third party are imposed legitimately or illegitimately, the contracting party agrees on mediadefine being able to block the access to the data, when the requirements of a third party on omission are imposed or the contracting party possibly is not doubtlessly the bailee of the memorised data or the published contents.
5.In case that the contracting party publishes contents which especially offend against the general terms and conditions of mediadefine or even against effective law, mediadefine is entitled to block the whole data, the access and the content of the offer even if an actual legal claim is possibly not given. It is left to the contracting party to bring the prove for the actual harmlessness of the data and the contents. If this is rendered, the offer will be deblocked again. The costs for a block of data as well as the costs for the existing contract are borne in a case in which the block was caused by such an offence by the contracting party anymore.
6. The contracting party commits not to offend against the laws and organisation regulations of the European Union, the Federal Republic of Germany and the USA or any other international agreements.
7. The contracting party especially commits not to offer pornographic or erotic contents and no contents which offend against the human dignity especially mysogynic or racist contents.
8. Furthermore, the contracting party commits to keep to the imprint duty, the copyright and at E-Commerce offerings and web shops respectively to the distance selling act.
9. The contracting party commits not to enlist his internet pages into search engines as far as the contracting party offends against legal forbiddances and rights of a third party by using key words when enlisting.
10. It is explicitly forbidden to send so called spam e-mails and so on from the mediadefine servers in any way or to open so called download forums, which offer gratis media products – like software, sounds, graphics, MP3 data – in larger amounts as download or to use excessive scripts or programs. In such a case mediadefine is entitled to block the access at once.
11. If the registration of a domain – e.g. in the scope of content2project.HOSTING- part of the contract between mediadefine and the contracting party, the contracting party affirms that he did not violate the rights of a third party with his application for a domain registration and the domain registration itself to the best of his knowledge by registering and connection respectively of the domain and that he will not pursue illegal aims. The contracting party accredits that it is solely his responsibility to choose a domain name and agrees to release mediadefine from all claims for damages in context with the domain registration and connection respectively. In case that a third party asserts it’s right at the domain name, mediadefine reserves the right to block the mentioned domain name until the matter of dispute is settled in court or to dispense the attendance of the case to the appropriate DIC association amongst others DeNIC, EURid, InterNic, ICANN CORE and /or the other appropriate institution for the allocation of domains.
§4 Contract period
1. The minimum contract term for contracts about services of content2project.HOSTING, content2project.CMS, content2project.E-MARKETING or other ASP services amounts twelve months respectively and extends itself automatically for twelve months respectively when the cancellation is not received by mediadefine six months before the day it is supposed to become operant.
2. Beyond this a longer minimum contract term can be agreed on contractually.
3. mediadefine furthermore reserves an outstanding right to cancel when there is an offence against the general terms and conditions and against these additional terms and conditions especially in §3.
§5 Product-specific deliveries and services
§5a content2project.HOSTING
1. The delivery and services arise from the service descriptions – especially the overview of the functions – of the different service plans and the price list of content2project.HOSTING.
2. mediadefine provides memory capacity for digital data and an internet address and domain respectively which are registered via the respectively appropriate NIC association on it’s servers for the contracting party.
3. In the contract between mediadefine and the contracting party especially the service plan, the number and the names of the domains, the monthly data transfer volume, the amount of memory on the server as well as the minimum contract term are regulated.
4. When the monthly data transfer volume agreed on is exceeded, mediadefine bills the contracting party for the price for this according to the current price list on “http://.www.content2project.net“. The contracting party accepts that the monthly prices for the data transfer volume can change during the contract period because of changes in the market prices and accepts them. The customer can anytime inform himself about the current price changes via the domain “http://.www.content2project.net“.
5. mediadefine furthermore is entitled but not bound to block the access after a previous consultation and proclamation or to demand an advance in case that the exceed of the data transfer volume agreed on is very high - e. g. when the monthly transfer volume is exceeded for an umpteen.
§5b content2project.CMS
1. The delivery and services arise from the service descriptions - especially the overview of the functions - of the different service plans and the price list of content2project.CMS. content2project.CMS is offered as ASP service for rent and as software for purchase.
2. When a service plan of content2project.CMS is used as ASP service, a lease contract is concluded between mediadefine and the contracting party.
3. In the contract between mediadefine and the contracting party especially the plan, the modules, the number of licenses, the related domain and the minimum contract period are regulated.
4. The contracting party may use content2project.CMS in the leasing period agreed on and possibly for a renewal period agreed on respectively for the payment of the hire.
5. The right of use for the period is a non-exclusive right of use.
6. For the use of the software or an ASP service of content2project.CMS for the purpose of entering contents Microsoft Internet Explorer 5.5 or higher is stringently necessary as user client.
7. The contracting party agrees on the functions of his ASP service content2project.CMS can be changed, extended and provided as new plan version of content2project.CMS by development, update or an upgrade of mediadefine anytime. In this case there is no claim for the utilisation of an older predecessor version of content2project.CMS.
8. mediadefine is entitled to inform all users of content2project.CMS about changes, extensions and security hints of content2project.CMS and other relevant information. Thus, the contracting party is bound to state a telephone number or an e-mail address in his contract via which he is accessible within the normal working hours of his enterprise. He accepts that he might miss important information or security hints for the application of content2project, when he does not regularly listen to or read the e-mails sent to him by mediadefine to this e-mail address.
9. The contracting party does not get any copyright and any rights of content2project and it’s source code either, when there are order-related, enterprise specific developments at the interfaces of content2project.CMS which have been developed just for the contracting party.
10. If the contracting party assigns mediadefine in an additional contract or in the same contract with the development and the release of data memorised via content2project.CMS or contents for media, especially web sites, mediadefine secures him a correct release on the two last browser versions of the browsers with the highest market shares according to the current market research results at the point of compilation for the internet. The contracting party accepts that there may be differences in the depiction of contents because of different browser specifications and operating systems of single market players, but they do not influence the operability of the release.
§5c Other ASP services
The axioms and prescriptions to be derived from these additional terms and conditions obtain for all other ASP services of mediadefine for which there are no additional specific terms and conditions.
§6 Other terms
These additional terms and conditions of content2project.HOSTING, content2project.CMS, content2project.E-MARKETING and further ASP services are part of the general terms and conditions of mediadefine and concretise them for the given services.
