1. Scope

1. The terms and conditions of Esselbach Internet Solutions in automatic data processing and information technology (hereinafter referred to as service provider) apply to all services offered by the service provider provides. They also apply to all transactions in the future be made, even if not expressly referred to.

2. Legislation

2.1. The customer is committed to the Austrian laws also in international traffic through the service provider and report law violations to the service provider.

2.2. The customer is committed to further, in case of infringements against Austrian or international laws (such as the Telecommunications Act, the media law, the prohibition Act, the Pornography Act, the Copyright Act), to indemnify the Service Provider from any and all claims and liabilities.

2.3. The customer is fully responsibility for all activities, from its account and will hold the service provider free from all resulting damage. That includes particularly penalties to be paid and the cost of appropriate legal defense.

3. Offers and prices

3.1. All offers are non-binding. Price increases during the minimum period are excluded.

3.2. In the services is free e-mail support, which focuses exclusively on the maintenance of the product.

4. Duration of the contract, payment terms, termination

4.1. The minimum duration of the contract for service provider of products unless otherwise stated 1 year and will automatically end after that time.

4.2. The customer is committed to pay the service within 10 days after receipt of the invoice. If the customer with payments in arrears, the service provider can block access to virtual server to the entrance of the open amount or terminate contract and the customer the cost into account.

4.3. If between the contracting parties have not agreed otherwise, the offer in order form or in prices and payment methods. The agreed fee for the duration of the contract is to be paid in advance.

4.4. The service provider is entitled to rescind the contract if

a. against existing laws or the terms and services

B. concrete suspicions on illegal activities of the customer

C. the use of the service for the transmission of pornographic content, threats, harassment or injury of other participants is abused

d. data in any form without the consent of the beneficiaries proven to be published

e. the web space in a manner which will be used by the entire server behavior such as impaired.

f. of the assets of the contractor a compensation, bankruptcy or Pre-Trial opened, or opening of such proceedings dismissed for lack of cost assets.

g. the client makes incorrect information or keep circumstances secret that makes their awareness of service provider from the conclusion of the contract would have been held.

h. the contractor against the "netiquette" and the generally accepted standards of network use contrary, such as advertise by spamming

i. the start or the continuation of benefits for reasons the contractor responsible, impossible or despite setting a reasonable grace period further delayed

5. Disclaimer

5.1. The service provider is only liable for damage outside the scope of the Product Liability Act if intent or gross negligence to be shown under the law. The liability for ordinary negligence, the replacement of damage and property damage, not achieved savings, lost profits, lost data, interest losses and damages from third-party claims against the customer are excluded. In particular, any claims in case the service provider server.

5.2. The service provider is not liable for the content, completeness, correctness, etc. or transmitted data and to data collected over the service provider can be reached.

5.3. The service provider does not guarantee that the services offered are available and that on the computers of the service provider stored data is always preserved.

5.4. The service provider reserves the right to block access if the legislation require this.

5.5. The service provider is only liable for employees, agents or agents if the damage was caused in gross negligence. This applies in particular to support customers. The service provider does not accept liability for damage caused by a necessary but not issued official permit or other regulatory approvals or required by, but not issued permits private or consent of third parties.

5.6. A conversion or price reduction is excluded.

6. Privacy

6.1. The service provider is due to Section 87 (3) and Section 92 (1) of the Telecommunications Act (the Act) to store personal data of the customer and subscriber: academic degrees, first name, surname, date of birth, name, address, email address, telephone and fax numbers, Industry, professional title, inquiry date of payment, and payments to evident attitude of the contract, also automated process and upon termination of the contractual relationship delete unless an additional storage to meet legal obligations of service providers is necessary. In accordance with Paragraph 96 of the Act the service provider can setup a public customer directory with first and last name, academic degrees, company, address, email address and Internet address. On the express written request of the subscriber has such registration in whole or in part omitted. The customer allowed the service provider beyond the inclusion of his name or company in a reference list. The service providers will keep connection data that are necessary for billing, especially source and destination IP, all other logs under Rule 93 of the Act, due to its legal obligation according to Section 87 (3) and Section 93 (2) of the Act and to resolution of outstanding issues fee required, and can save control statistics in a legal framework.

6.2. The service provider and its employees are subject to the telecommunications secret according to Section 88 of the Act and the Data Protection Act. Personal data and the user will not be consulted. The mere fact held a news exchange is subject to secrecy. Routing and domain information must be disseminated.

6.3. The customer notes that the service provider according to Section 89 of the Act may be obligated to participate in the interception of telecommunications under the provisions of the Code of Criminal Procedure. Acts of the service provider because of these obligations not resolve claims by the customers.

7. Jurisdiction

7.1. The place of performance for all the benefits from contracts between the service provider and its contractors is Vienna, Austria. On contracts on the basis of these Terms are closed, only Austrian laws apply.

7.2. Where statutory provision does not exclude is the competent court in Vienna, Austria as a venue for all disputes arising from contracts between the service provider and its contractors.