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General Terms and Conditions of domain-4free.com

This piece of information is for all who are too lazy to read and who try to find the catch;-):
Benjamin Lochmann, who is responsible for the webpage www.domain-4free.com, hereby certifies that the provision of the domains is free of charge (consideration: advertisement fade-in).

Consumers in the sense of these general terms and conditions are any natural persons with whom business relationships are being established without a commercial activity or an activity as self-employed person being attributed to such persons. Entrepreneurs in the sense of these general terms and conditions are natural or legal persons or any legal partnerships or unincorporated firms with which business relationships are being established which are acting for commercial or self-employed professional purposes. Customers in the sense of these General Terms and Conditions are both consumers and entrepreneurs.



Right of revocation for remote sales agreements (BGB § 312d):

- The consumer (German Civil Code § 13) shall be entitled to make use of a right of revocation (German Civil Code § 355) in case of remote sales agreements. The consumer shall be able to revoke the agreement without having to give any reasons within two weeks following receipt of the goods subject to the statutory provisions. Such revocation can be made either in writing or by returning the goods. In order to revoke within due time, dispatch in due time to the following address shall suffice:


Benjamin Lochmann New Media GmbH
Röderweg 4
90455 Nürnberg

- The customer shall bear the costs for returning the goods, if the goods delivered are in accordance with the goods ordered and if the price of the goods to be returned does not exceed 40 Euros, or if the customer in case of a higher price of the goods at the time of revocation has not yet provided the consideration or any contractually agreed partial payment. If that is not the case, Benjamin Lochmann New Media GmbH shall bear the cost of return. Dispatch costs shall be reimbursed by Benjamin Lochmann New Media GmbH in the amount of the cheapest type of dispatch only. (Standard parcel of Deutsche Post AG). The customer shall fulfil any obligations for the reimbursement of payments within 30 days upon the date of sending the revocation declaration.

- Reductions in value due to a use in accordance with the intended purpose shall be reimbursed by the consumer, unless such reduction is only attributable to testing of the goods. Reductions in value can be avoided by handling the goods with care, and if installation of the components is effected by qualified and authorized technical staff exclusively.

- There shall be no revocation right for software, software licenses and DVDs which have been de-labelled by the consumer. Such right of revocation shall also be excluded for goods which have been produced in accordance with customer?s specifications. Such right of revocation shall be excluded, in particular, in case of a service, where the entrepreneur has commenced rendering his services with the express consent by consumer prior to the end of the revocation term or if the consumer has initiated it himself.


§ 1 General

Participation in the services of Benjamin Lochmann New Media GmbH shall be subject to the following terms and conditions of Benjamin Lochmann New Media GmbH. Upon using the services of Benjamin Lochmann New Media GmbH and upon using the services offered, the user declares to use these services in accordance with applicable laws and these General Terms and Conditions.


§ 2 Registration conditions

In order to use services offered on www.domain-4free.com, prior registration shall be required. Anyone who fills in the registration form completely and specifies true data (?registration data?) can be granted a link to his/her homepage with a domain provided by domain-4free.com. The customer will be granted a nickname and a password which will be sent to him by e-mail (?user data?). By clicking on a personal link in this e-mail, the e-mail address of the registered person will be verified. Each person who registers on domain-4free.com, shall give full and true registration data and shall keep them updated from time to time. These user data shall be kept confidential by the member. Registration is free of charge. The member agrees to receive the newsletter of domain-4free.com, even if the domain application was rejected. Membership and any services associated with it shall be used for personal purposes only and shall not be assignable.


§ 3 Scope of services

Benjamin Lochmann New Media GmbH offers their customers the technical possibility to register a domain by Benjamin Lochmann New Media GmbH without having to be skilled in web programming or without the need for any profound server technology knowledge or the like. Such domain shall be installed as a link to an already existing webpage. Benjamin Lochmann New Media GmbH, unless agreed upon otherwise, shall pay the traffic costs and the costs for providing the domain. In consideration for such service, Benjamin Lochmann New Media GmbH reserves the right to fade in advertisements on the domain installed by them. Benjamin Lochmann New Media GmbH shall be entered as registered owner of the domain (?Owner-C?), transfer of the domain to the user can be done at any time against payment of a non-recurring handling fee of 20 Euro. Benjamin Lochmann New Media GmbH hereby warrants that the domains registered by the user with this service are not used for Benjamin Lochmann New Media GmbH?s own purposes (apart from the advertisement faded in). The domains shall be passed on to the address registered by the user on an ongoing basis during the registration term (this regulation shall not be applicable during technical problems, of course). Such link shall only be blocked, if the website violates any statutory provisions of the Federal Republic of Germany or if the advertisement frame of domain-4free.com is suppressed with the help of the source text of the target page. In the event that Benjamin Lochmann New Media GmbH should be required to discontinue this service for whatever reason, all members shall be notified by e-mail and shall be granted the possibility to take over the domain against a handling fee of 20 Euro.


§ 4 Costs and terms of payment

The services offered on www.domain-4free.com are free of charge, provided nothing different has been agreed upon. To the extent that services are offered with cost, the member shall be informed separately about the costs incurred by such service and about the terms of payment before use. To the extent that services with cost are offered by third parties on Internet pages on www.domain-4free.com, an agreement is made directly with these third parties. In case that goods or services are being offered through the members of the www.domain-4free.com services, any agreements shall be made exclusively between the customer and the provider of these transactions. If the user wants to re-register the domain in his own name, i.e. if he wants to assign the domain by a so-called ?KK-application? to himself, a handling fee amounting to 20 Euro shall be charged.



§ 5 Data privacy

Collection and processing of personal customer data shall be done exclusively subject to the statutory provisions of the Federal Data Privacy Law (BDSG) and the Teleservices Data Protection Law (TDDSG). Any personal customer data regarding the contractual relationship shall only be collected, processed, used and passed on to partners commissioned to the extent this is required for the establishment and realization of a service agreement. In case of agreements made by electronic transaction, the information of the user procedure shall be stored and shall be accessible to Benjamin Lochmann New Media GmbH employees who are involved in the handling of such agreement only.


§ 6 Third-party industrial property rights

The member shall be responsible for controlling and securing the contents of his webpage, since Benjamin Lochmann New Media GmbH?s has influence on the link only, but not on the contents of the web pages to which a link is established with the help of the free domains. Each member shall be responsible that their pages comply with all applicable laws.

The following contents shall not be permitted, in particular:

1.Any use of copyrighted publication without the express consent of the originator or the owner of the exploitation right; no copyrighted works of music or motion pictures or third-party software shall be offered for downloading or shall not be copied in any other way, either, in particular, without their express consent.

2. Dissemination of contents the distribution of which is prohibited by law.

3. Dissemination of pornographic materials and images.

4. Any invitation to commit crimes or to participate in committing crimes.

5. Any material that is a defamation, insult or threat to others..

In the event that damages are claimed or injunctions are asserted against Benjamin Lochmann New Media GmbH based upon any such violation as outlined above, the party that applied for such free domain shall indemnify us against such claims for damages upon first request.


§ 7 Hyperlinks

Benjamin Lochmann New Media GmbH or any third parties may create links to other websites (?sites?) or sources. Benjamin Lochmann New Media GmbH shall have no control over such sites and sources and shall neither be responsible nor liable for the availability of such external sites or sources, shall not possess any contents which are accessible on these sites or sources and shall exclude any liability or warranty with respect to such sites or sources provided Benjamin Lochmann New Media GmbH is not aware of the unlawfulness of the contents. The links are created by the user to a major extent. Due to their large number it is technically impossible to check all the contents by Benjamin Lochmann New Media GmbH employees. If there are any links to external pages on Benjamin Lochmann New Media GmbH pages on which third parties have published any unlawful contents, such provider of service shall remove the link to such page upon request. Benjamin Lochmann New Media GmbH shall neither be liable for any increasing traffic volume on any linked page. Users of www.domain-4free.com shall before establishing a link to an external page ensure that the provider has no objections against a link to such external page. Further, the user shall identify external links by setting the contents of the linked page into a new frame.


In the event that damages are claimed against Benjamin Lochmann New Media GmbH based upon such link, the member concerned shall indemnify us against such claims for damages upon first request. Benjamin Lochmann New Media GmbH may remove any link irrespective of whether such removal is justified or not and will do so, as soon as the provider of the page concerned raises any objections against such link. The member shall in no case be permitted to make links to pages offering contents which are unlawful or run against morals, encourage racism, which glorify or minimize violence (§ 131 German Civil Code), glorify war or which are suitable to materially threaten the morals of children or juveniles or which affect their well-being, which may damage the reputation of Benjamin Lochmann New Media GmbH, which are pornographic or which refer to any offers with such contents.


§ 8 Termination

The provider shall reserve the right to cancel accounts even without giving any reasons and to terminate the contractual relationship without stating any reasons without notice. That is why backup copies of web pages should be made. If not terminated, the contract shall continue for an indefinite period of time and can be terminated by both parties. The provider warrants that domains shall not be newly registered by Benjamin Lochmann New Media GmbH or any of its shareholders for a term of at least 6 months after termination of the account.


§ 9 Safeguarding provision

If any provision of these General Terms and Conditions should be held partially or fully invalid, such invalid provision shall not affect the validity of the remaining provisions.


§ 10 Place of performance and place of jurisdiction

In case of any disputes which arise from the contractual relationship between Benjamin Lochmann New Media GmbH and the customer, an action shall be brought before the court of jurisdiction at the place where the headquarters of Benjamin Lochmann New Media GmbH are located, if the customer is an entrepreneur, a legal person of public law or a public special asset.
Benjamin Lochmann New Media GmbH shall be further authorized to file a lawsuit at the domicile of the customer. This agreement shall be subject to the laws of the Federal Republic of Germany only.