SaferSurf.com provides an online service that protects internet users against computer viruses and unwanted advertisements. Additionally it allows users the opportunity to accelerate their internet access. By means of this service (hereinafter referred to as "SaferSurf Service") SaferSurf.com provides protection for existing internet mailboxes and for the access to internet pages via a common internet browser.
§1 Subject Matter of Contract
§2 Commencement of Contract
§3 Access Data
§4 Privacy
§5 Further Duties and Obligations of the User
§6 Limit Restriction (Automatic Access Blocking, Account-dependent)
§7 Use by a Third Party
§8 Prices, Price Changes, Payment
§9 Alteration of Service
§10 Complaints/Objections
§11 Delay (Suspension/Termination)
§12 Limited Warranty
§13 Termination
§14 Extension of contract
§15 Disclaimer
§16 Limitation of Liability
§17 Right to cancel
§18 Other Conditions
§1 Subject Matter of Contract
The subsequent terms regulate the utilization of the SaferSurf Service between SaferSurf.com and the end user (hereinafter referred to as "User").
§2 Commencement of Contract
The utilization of the SaferSurf Service requires a registration. SaferSurf.com reserves the right to reject the registration in certain cases for significant reasons. The SaferSurf Service can be used by entering the user name and the personal password (hereinafter referred to as "Access Data"). This data is sent to the User by eMail to the mail address stated during the registration. As soon as the user has received the data, the Service is considered as being provided.
§3 Access Data
The User is responsible for maintaining the confidentiality of the Access Data. If there is a reasonable cause to believe that the Access Data of a User is being used by a third party without permission, SaferSurf.com has the right to block the access. The User will be informed about it.
§4 Privacy
SaferSurf.com will process or use the personal User data only for provision of the access, utilization and billing purposes. The User data may be transferred to internal departments or affiliated companies for contract processing purposes, the hotline and in particular technical support as well as billing purposes. In any case, SaferSurf.com guarantees the protection of your personal data, as is stated in the Privacy Policy for the SaferSurf Service. For more detailed information, please refer to our Privacy Policy on the SaferSurf homepage http://www.safersurf.com.
§5 Further Duties and Obligations of the User
The User is obligated to pay the agreed fees according to the price list within the stipulated period. Furthermore he is obligated to enable the total settlement of the user fee according to the selected mode of payment. SaferSurf.com must be told any change of eMail address together with the Access Data. The User agrees not to misuse the SaferSurf Service.
§6 Limit Restriction (Automatic Access Blocking, Account-dependent)
The user fee includes a so-called limit restriction per selected time period and per mailbox. The limit restriction depends on the selected user account type and can be seen in the feature description. If the limit within a certain period is exceeded, the User is notified. The User gets an extra amount of 10 percent in addition to the booked amount. This way the User can extend the limit as necessary. If this additional amount is exceeded, the access is blocked automatically and the user account is suspended. Another login within this time period is not possible. The access is only released again after the User has booked an extension for his SaferSurf Access Data and the fee has been payed.
§7 Use by a Third Party
A third party is any natural person or legal entity that is not the User under Section 1. It is not permitted to pass on the Access Data or the Services provided with the access to a third party without written permission by Nutzwerk. If Nutzwerk denies this permission, the User shall have no right to an extraordinary termination.
§8 Prices, Price Changes, Payment
The payable fees depend on the selected tarif and the appropriate feature description/price list. The SaferSurf Service fees are calculated according to the selected time period.
Fees are due on the day the access to the SaferSurf Service is provided.
In case of an access blocking as in §6 of Part C, the User remains obliged to pay the entire fee for the booked period. There is no partly payment possible.
The User has to pay for any amounts resulting from unauthorized use of his Access Data, unless the User proves that he is not responsible for the unauthorized use.
The fee for use of the SaferSurf Service shall be payed according to the selected mode of payment. A one time fee will be charged with the set up of a new user account. This one time installation fee will be charged along with your first monthly fee. In the case of direct debit authorization it is the responsibility of the User to ensure that his account is covered.
SaferSurf.com is entitled to change the Service fee. The User will be notified about any change of fee by eMail. Simultaneously the User is informed by SaferSurf.com that the change of fee only applies if the User does not send a written objection within two weeks. The contractual relationship will then be continued at the changed fee.
If the User objects within the two weeks, both parties have the right to terminate the contract immediately.
§9 Alteration of Service
SaferSurf.com reserves the right to alter individual features/feature descriptions, the General Terms and Conditions as well as the prices. The User will be notified about any alterations by eMail. The notification may also be in writing. Simultaneously the User is informed by SaferSurf.com that the alterations in the contractual relationship only apply if the User does not send a written objection within two weeks. The contractual relationship will then be continued with the altered terms and conditions.
If the User objects within the two weeks, both parties have the right to terminate the contract immediately.
If the mandatory VAT is changed by law, the User fees will be adapted accordingly.
§10 Complaints/Objections
Any objections to prices or services by SaferSurf.com will have to be submitted in writing as soon as possible, or not later than 4 days after the utilization or provision of the SaferSurf Service has started. The absence of objections within the specified period is taken as agreement. SaferSurf.com will not point out the consequences of a belated objection in the bills sent to the User. Any legal rights of the User as to objections after the deadline will remain in full force and effect.
§11 Delay (Suspension/Termination)
In default of payment by the User or back posting of the payable fee SaferSurf.com is entitled to block the access of the User to the SaferSurf Service. The contract is terminated without notice. SaferSurf.com reserves the right to enforce further claims with regard to default of payment.
In the case that SaferSurf.com falls behind with the offered service, its liability shall in no event exceed the fee for the selected account type. The User shall only be entitled to cancel the contract if SaferSurf.com does not meet an extended, reasonable deadline for reasons that fall into the responsibility of SaferSurf.com.
§12 Limited Warranty
SaferSurf.com warrants that for [90] days from the first use the SaferSurf Service will perform substantially in accordance with the functionality described in the documentation when operated properly and in the manner specified in the documentation.
The User accepts the sole responsibility for the selection of the SaferSurf Service to meet his requirements. Nutzwerk does not warrant that the SaferSurf Service and/or the documentation will be suitable for such requirements nor that any use will be uninterrupted and error free.
SaferSurf.com does not warrant that the SaferSurf Service identifies all known viruses, nor that the SaferSurf Service will not occasionally erroneously report a virus that is not a computer virus.
Your sole remedy and the entire liability of SaferSurf.com for breach of the warranty will be – at SaferSurf.com's option – to repair, replace or refund the Service if reported to SaferSurf.com or its designee during the warranty period. You shall provide all information as may be reasonably necessary to assist the Supplier in resolving the defective SaferSurf Service.
The warranty does not apply if you
- make or cause to be made any modifications to the SaferSurf Service without the consent of SaferSurf.com,
- use the SaferSurf Service in a manner for which it was not intended, or
- use the SaferSurf Service other than as permitted under this contract.
§13 Termination
The contract ends for both parties when it is terminated by one of the two participating members. A notice of termination by the User must be received via eMail 7 days prior to the end of the contract term.
Signing up is completely annonymous. Therefore any cancellation by the User is legal, if the user sends an eMail notice to SaferSurf.com. The User must include the username and user number within this notice.
§14 Extension of contract
If within 7 days no cancellation notice was received, the contract will be extended for an additional 6 months.
SaferSurf services can also be extended by subscribing to additional services.
§15 Disclaimer
SaferSurf.com SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES CAUSED BY USE OR DISTRIBUTION OF THE SAFERSURF SERVICE BY THE USER OR A THIRD PARTY. IN NO EVENT SaferSurf.com SHALL BE LIABLE FOR LOSS OF PROFITS, REVENUE OR DATA OR FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES WHETHER OR NOT NUTZWERK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THE SAFERSURF SERVICE.
§16 Limitation of Liability
The use of the SaferSurf Service is at the User's own risk.
SaferSurf.com's MAXIMUM LIABILITY TO THE USER SHALL NOT EXCEED THE AMOUNT OF THE PAID SERVICE FEES, WHETHER OR NOT SaferSurf.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY ALSO APPLIES TO DAMAGES OF ANY OTHER PARTY.
§17 Right to cancel
SaferSurf.com sets up and provides an individual user account and individual services on the SaferSurf servers. For every user SaferSurf.com has to book extra services at external providers for the contract length and must pay for these services. The user can cancel his order within a period of 24 hours. The period starts when the user receives his Access Data.
The cancellation has to be done through a notice via eMail. To meet the cancellation criteria, the eMail must be sent within the cancellation period.
If the User cancels after the cancellation deadline then his user account will be cancelled at the end of the current month.
§18 Other Conditions
Sending messages to SaferSurf.com by eMail is only considered to be in writing if this is expressively stated in these Terms and Conditions. There are no additional oral agreements. The contractual relationship between the contractors is subject to German law. A transfer of the rights and obligations of SaferSurf.com arising from this contract to a third party is permitted without agreement of the User. In this case the User shall have no right to terminate the contract before the booked time period.
