1. Scope, modification authorization, content of contract, change in partners of contract

1.1
Datei.de provides all its services exclusively on the basis of these terms of use.

1.2
Datei.de has the right to modify these terms at any time with the consent of the customer provided that those modifications are within the bounds of what is acceptable to the customer while the interests of Datei.de are taken into consideration.
If the customer does not object to the modifications within 4 weeks from receipt of notification, they will be considered as consented to by the customer and will thus become effective on expiration of this period. On communicating the modification to the customer Datei.de is obligated to point out to the user the consequences of restraining from objection.

1.3
Datei.de will not accept the customer`s general terms and conditions, if they differ partially of entirely from those of Datei.de. This is not the case if Datei.de has accepted the customer`s general terms in writing.
Even if Datei.de knows of the fact that the customer`s general terms differ from those of Datei.de, it will perform its services only and exclusively on the basis of the terms of Datei.de if it did not consent to the customer`s conditions in writing.

1.4
These terms of use will also be valid for and applicable to future business concerning both parties.

2.Services

2.1
The scope of services offered by Datei.de is laid down in the customer information attached to the registration form valid at the time of online registration. Additional services can be provided on the basis of special or supplementary offers by Datei.de.

2.2
Datei.de guarantees an average annual availability of its servers of 99%; excluded from this guarantee are times when the servers are not available due to technical or other difficulties, that is circumstances beyond the control of Datei.de.
Accessibility of the services can be restricted if the network security, the maintenance of network integrity or the prevention of severe damage to the network or to stored data require Datei.de to do so.

2.3
When signing up for a Datei.de account the user selects one package. A combination of several packages is not possible.

3.Conclusion and termination of contract

3.1
The contract is concluded as soon as the customer has filled in the registration form in a correct manner, and by the activation of the account by Datei.de.

3.2
Both parties, that is the user and Datei.de, can cancel the contract without giving any reason for doing so, on respecting the notice period stated either on the registration form or in the customer information.

3.3
The contract may be cancelled any month if not stated otherwise in the customer information of the respective service package.
If the contract is not cancelled before the end of the contract period, the contract time will be extended by an additional period of one month.
The right to extraordinary cancellation remains unaffected.
If there are different terms and conditions applicable to the new contract period, the customer will be given explicit notice of those modifications in advance.

3.4
Datei.de is entitled to terminate the contract without notice if there are important reasons (extraordinary termination) such as severe violations of these terms of use.

3.5
After termination of a subscription Datei.de may delete all user data stored at its web service. The user shall be informed of such an action in advance and be given reasonable time and opportunity to save his data before it is deleted.

3.6
The user shall be considered informed about the termination by the sending of an email to the email address given by the customer in his personal data. This also applies if the user has given a false or invalid email address.

3.7
In the event of the user having given invalid or incorrect information for payment (particulars of his bank account for instance) or if the user is in the free testing period, Datei.de can immediately block the user`s access to Datei.de and even delete the user´s data stored at the web service of Datei.de without informing the customer in advance. This is generally applicable in all suspected cases of violation of the terms of use.

3.8
Services and additional services offered free of charge, can at any time be cancelled by Datei.de while respecting a notice period of 30 days. The user will be considered informed by the sending of an e-mail.

3.9
The user may at any time opt for a different service package provided that the service is available.
The user may change to a less cost-intensive package on expiry of the contract period which has been paid for in advance.
A change in favour of a more cost-intensive package is possible at any time.
The services of the new package will be made accessible as soon as possible and the user will be charged for the costs of this package right from the date of change-over.
The user`s bank account will be debited for all costs resulting from a change in package.
Credit notes will not be paid out but taken into account, that is they will be deducted from the total amount of future invoices.
After changing to another service package, only the period of notice of this new package as stated in the customer information will be applicable.

3.10
If Datei.de notices that a user`s traffic volume exceeds the upper limit stipulated in the contract of the current package by more than 10 %, the user will be given notice of this. Furthermore Datei.de may offer the user the next package up with a higher traffic volume and consequently higher charges.
As an alternative Datei.de may resort to its right to extraordinary termination which entitles Datei.de to cancel the contract at a 3 weeks` notice without giving any reason for doing so.
If the user refuses to change into the next package up, Datei.de can make use of this right.

3.11
The cancellation of the service has to be made in writing (by letter or fax).

4.Prices and payment

4.1
Datei.de reserves the right to modify tariffs at the beginning of a new term.
Modifications will be published by Datei.de on a particular website. Furthermore the imminent modifications will be announced to the user either by e-mail (which will be sent to the email address indicated in the registration form) or in writing at a reasonable time before the new prices become valid.
An increase in cost leads to the user`s right to extraordinary termination with a notice period of 2 weeks.
Increases in cost known to the user at the time of registration do neither result in the user`s right to extraordinary termination nor is a particular notification of the user required.

4.2
Any price increase requires the user`s consent.
A price increase will be considered as consented to by the user if he does not object to the modification within 4 weeks after reception of the notification of modification.
On informing the user about the imminent modification, Datei.de is obligated to point out to the user the consequences of not objecting to the change in price.
The prices quoted are fixed prices.
Datei.de may determine the prices stated in the currently valid price list at reasonable estimation. Exluded from this regulation are changes affecting the obligation of the user to pay the basic fee.
In the case of the user being in arrears Datei.de will charge interest for late payment at an annual rate of 10%. Furthermore Datei.de is entitled to immediately block the user`s access to his data stored at Datei.de.
The interest rate on arrears corresponds in any case to the minimum interest rate.

4.3
The user authorizes Datei.de to debit the fee from his bank account. The fee may also be paid by credit card.

4.4
The monthly fee calculated for the period of time indicated on the registration form is payable in advance. Fees which the user will be charged for only once, as well as purchase prices of other products or services are payable either immediately on or before performing the service or delivery of the product.

4.5
Datei.de provides its services at the rates and fees stipulated in the customer information. The user will receive electronic invoices for every payment made. On request Datei.de will make out invoices in writing at an extra charge of 2.50 €.

5.Liability

5.1
Datei.de is only liable for damage caused by Datei.de, its legal representatives, employees or its agents of vicarious liability either by culpable negligence or deliberately unless Datei.de fails to meet an essential contractual obligation.
The liability restriction is applicable to contractual claims as well as to those not stipulated in the contract. However, the liability as per the product liability law as well as the liability in cases of damage to body/health due to slight negligence remain unaffected.

5.2
The liability of Datei.de is restricted to the kind and extent of damage predictable at the time of contract conclusion.
Exceptions are cases of the violation of essential contractual terms and cases in which damage has been caused either deliberately or by gross negligence.
The liability of Datei.de in cases of injuries (concerning health and/or body) caused by negligence remains unaffected as well.
Furthermore the liability of Datei.de is limited to the total amount which has been paid as monthly fee of the respective product/service while the value of a 2-year-contract constitutes the upper limit.
In each individual case of damage and user concerned Datei.de can only be held liable for € 5,000 at most.

5.3
The internet access from the user to Datei.de can not be controlled or influenced by Datei.de. Therefore Datei.de shall not be liable for any interruption of the service due to internet failures.
Exceptions are cases of liability as described under 5.1 and 5.2.

5.4
Claims for damages come under the statute of limitations after 1 year from the time when the event having caused the damage became known.
This is not applicable in the event of the damage being caused deliberately by Datei.de, its employees or agents of vicarious liability.
The above mentioned term of limitation of 1 year is not applicable either to contractual claims resulting from the customer`s making use of telecommunication services intended for the public as per §40 of the German telecommunication law. These claims will come under the statute of limitations after 2 years as stated in §8 / 1 of the German regulation of telecommunication and consumer protection.

5.5
In the event of Datei.de performing telecommunication services as defined by the German regulation of telecommunication and consumer protection, the upper limit of liability of Datei.de as laid down under §7 / 2 of this regulation remains unaffected by the restriction of liability as stipulated by Datei.de under 5.2 of these terms of use.

6.Obligations of the user

6.1
Before Datei.de can be used the potential user has to fill out and send a registration form with personal data (especially full name and email address). All fields defined as required fields must be filled out completely and correctly.

6.2
In the event of one or more required fields being omitted or filled out incorrectly the potential user will be denied access to the services of Datei.de.

6.3
If one or more required fields are intentionally supplied with false information, Datei.de may prohibit the user from using Datei.de

6.4
Datei.de can only be used on the condition that these terms of use are explicitly acknowledged.

6.5
The user consents to receiving regular newsletters by email. He may cancel the newsletter at any time in the preferences within his Datei.de account.

6.6
The user may test free of charge the services offered by Datei.de for a limited period of time.
The user is not allowed to have several test accounts at the same time.

6.7
The user is obliged to keep his password secret and to contact Datei.de as soon as it has come to the user`s notice that an unauthorized third party knows the password. In the event of an unauthorized third party having gained access to the services of Datei.de by using a registered user`s password, the customer will be held liable for all the costs caused by the unauthorized use of the service if his password has become known to the third party due to his fault.
In this case Datei.de may also claim compensation from the respective user.
It is the user`s responsibility to ensure that the data he or an authorized person worked with is saved either by himself, his employees or his agents of vicarious liability at the end of a working day.
The user shall be responsible for security issues pertaining to his or her own data and for creating backup copies of this data at locations other than Datei.de.
Furthermore the user is committed to save his data especially prior to the servers of Datei.de being serviced or its webside being under construction as well as prior to the installation of hard- or software supplied by Datei.de.
Besides it is the user`s responsibility to check the usibility and appropriateness of any software supplied in a relevant situation before operating it. This is also applicable to software provided by Datei.de either as a result of a warranty obligation or in order to allow the user to update his software essential to the use of the services of Datei.de.
Hereby Datei.de points out to the user that even the slightest modifications of the software may affect the performance level of the entire system.

6.8
The user is obligated to ensure that third parties to whom he or she has granted access to the data stored at the webservice of Datei.de are not violating any of these terms of use.

7.Data security

7.1
Personal data that is gathered by Datei.de as part of the application process or for the purpose of performing services or communications as well as of making out invoices shall only be processed or used by Datei.de when this is approved by the user or required or permitted by law.

7.2
Datei.de explicitly points out to the user that according to the present level of technology, the security of data transferred via the internet cannot be fully guaranteed.
The user is aware of the fact that from a technical point of view Datei.de is at any time capable of gaining access to the data stored by the user on the servers of Datei.de.
Other users of the internet may also be able to gain unauthorized access to the flow of data or even to endanger data security.
It is the user`s responsibility to ensure the security of the flow of his data and of the data stored on the servers of Datei.de.
Datei.de cannot guarantee that the flow of information to and from Datei.de will not be intercepted and recorded by third parties.

7.3
If the system`s performance is substandard either due to circumstances beyond the control of Datei.de or to maintenance work, the user cannot hold Datei.de liable for subsequent damage or sustained losses.

8.Final provisions

8.1
Datei.de reserves the right to commission third parties and agents of vicarious liability to perform either the entire range of services offered by Datei.de or parts of it.
Besides Datei.de is entitled to choose at any time and without notice a different internet infrastructure and to charge other agents and third parties with the performance of services provided that the change-over is not to the user`s disadvantage.

8.2
Any piece of information that proves necessary to be given to the user will be published on a supplementary webside set up by Datei.de. The respective information will also be made available to the user by e-mail which will be sent to the address indicated on the registration form.
The user may also be informed by letter and considered informed on receipt of the message (regardless of date and time of the user opening the e-mail) or as soon as the information is published on the webside and thus available.

8.3
Notice of modifications of these terms of use will be given to the user as per paragraph 8.2 at least 4 weeks before they become effective. The respective e-mail or letter may merely contain the link to the webside on which the modified version of terms of use is available. In the event of the modified terms not being objected to by the user within 4 weeks from receipt of notification, the terms will be considered accepted.
Should the modifications prove to be to the user`s disadvantage he / she is entitled to instantly terminate the contract within 4 weeks from being informed about the modification.

8.4
Datei.de reserves the right to introduce new technology for the performance of its services provided that it is not to the user`s disadvantage.

8.5
In the event of Datei.de selling one or several business units the user will not be entitled to extraordinary termination.

8.6
If the user is a company as defined by §24 of the AGBG (the Federal German law that regulates general terms and conditions), the place of jurisdiction is Lobenstein - Germany

8.7
If one or more provisions of the contract or terms of use are invalid, or in the event of the contract being incomplete, the remaining paragraphs of the contract remain unaffected.

8.8
Datei.de is not obliged to check whether the user`s data (stored at Datei.de) is violating German law.
If Datei.de finds that the content of the user`s files is illegal, the user`s access to his account may be blocked by Datei.de.
In this case the user shall be informed immediately.

8.9
The user confirms that the personal data which he has filled in the registration form of Datei.de are correct and complete.
Furthermore the user is obligated to communicate any change in his personal data to Datei.de.
On request of Datei.de the user has to certify the data that is currently known to Datei.de as correct within 18 days from receipt of request.

This provision is particularly applicable to:

- user`s name and postal address
- name, e-mail address and telephone number (or fax-number) of the user`s technical expert - if applicable

The language of the contract is German.
If there are doubts as regards the content of the German version of these terms of use the German version applies.