Hi john bomb,
Thank you very much for your UseNeXT order!
=========================== IMPORTANT ==========================
You will receive 2 e-mails with access information:
1. Access to the members area on the UseNeXT website
2. Access to the UseNeXT software
=========================== IMPORTANT ==========================
With this e-mail, you are receiving your access information
for the members area of our website.
You?ll find the members area log-in at:
http://www.usenext.com
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Access information
Your log-in name : 3257596
Your password : y12jNJ92
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!!! Important! Please make a note of your access information and
keep it in a safe place. Never pass on your access information!!!
You may use this information to log in right away at
http://www.usenext.com
Please take a few moments to read the brief instructions in our
members area, so that you can get started right away!
For security purposes, you will receive full UseNeXT
access as soon as your order and account/credit card information
has been checked. This should take no longer than a few
minutes.
We will send you a receipt for the invoiced amount in a
separate e-mail. Please refer to our terms and conditions which are listed at the end of this mail.
If you have any wishes, suggestions or questions regarding UseNeXT,
please do not hesitate to contact us at
http://usenext.com/index.cfm?DL=sf.
Kind regards,
Your
UseNeXT team
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www.usenext.com - Next Generation Downloading
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Please do not reply to this email! We do not control the mailbox, so you will not get an answer.
For further inquiries to our support please click on
http://usenext.com/index.cfm?DL=sf
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UseNeXT is a service provided by:
Aviteo Ltd.
Legally registered address:
Aviteo Ltd. Regional Branch
Theresienstrasse 6-8
80333 Muenchen
Commercial register number: HRB 153436
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Direction:
Oliver Stangl, Andreas Mihalovits
Aviteo Ltd. ? Gainsborough House
81 Oxford Street
London W1D 2EU ? Great Britain
Comp. Registration Office Cardiff No. 5069029
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Terms and Conditions
§ 1 General Information
Aviteo Ltd. (hereinafter referred to as "Contractor") offers access to the use of the (external) internet service UseNeXT (hereinafter referred to as "Service") exclusively on the basis of the present general terms and conditions (AGB). Divergences from these AGB only become effective if confirmed in writing by the Contractor. The applicability of any possible other AGB is expressly excluded.
The customer declares his/her agreement with the applicability of the present AGB by filling in the requested information in the application form containing the approval to these AGB posted on the internet pages of the Contractor and sending the filled form online to the Contractor. An application is permissible only for adult natural persons or legal entities. An application by other persons is ineffective.
§ 2 Beginning/Conclusion of the Contract
The contract is being effected by the Contractor confirming to the customer the acceptance of his/her declaration to conclude the subscription contract (hereinafter referred to as "Application") and communicating to the customer his/her login name and the password by e-mail.
If the customer applied online by filling and sending the form posted by UseNeXT, the subscription contract is concluded. The customer receives a confirmation along with the communication of the login name and the password of the customer by e-mail.
The customer has no claim whatsoever for a membership with UseNeXT. The Contractor expressly reserves his right to reject Applications and membership applications without giving reasons.
§ 3 Subject Matter of the Contract / Download Allocation
The Contractor makes available to its customers server access to the world wide Usenet (hereinafter referred to as "Service"). For this, no servers of its own are being operated but only the technical access for third parties to Usenet servers is being made available. The Contractor does not publish or administer contents on or of these servers. All contents contained on these servers originate from customers of thousands of Usenet servers which automatically and constantly exchange data with the servers to which Contractor offers access to its customers. The customer knows that these contents are being provided by external third parties. Thus, the Contractor can under no circumstances be held liable for these contents. This also includes warranty claims etc.; the Contractor only arranges for access but not for the contents.
For using the Service, the customer gets a user name and a password for entering the login on the web page of the Service (hereinafter referred to as "Web Page Access Data"). For access to the server the customer needs a computer system with a special news reader which is capable for the use of the internet (hereinafter referred to as "Client"). Being member of UseNeXT the customer will be provided with a specifically developed Client free of charge. This Client, however, is expressly no service component of this contract. The use of the Client is subject to the provisions for use explained at the installation. It is up to the customer to use another client than the one being provided.
For access to Usenet, the customer receives a user name and a password which enable his/her access to Usenet (hereinafter referred to as "Client Access Data"). The customer must enter the sent Client Access Data into the Client used by him/her in order to use Usenet.
Prior to the conclusion of the contract the customer has to decide on the contract period and the monthly download allocation. The download allocation is the monthly volume which the customer may transfer from the Usenet servers connected by the Service to his/her computer.
During the whole contract period, the customer may prompt his/her remaining download allocation in the UseNeXT client under "download/remaining download allocation". If the customer has utilised his/her monthly download allocation, he/she may pre-draw the allocation for the following month on the web page under "reload data volume". The agreed contract period is being shortened accordingly by the pre-drawn month. After expiry of a month the allocation attributed to this month lapses. In case of a lower or no data retrieve, any partial reimbursement against the agreed allocation of the month is excluded. This also applies if the customer pre-draws the allocation for the following month. It is the exclusive responsibility of the customer to utilise the allocation of the actual month before he/she pre-draws the allocation of the following month or before the following month begins.
The Contractor provides the monthly download allocation only within the framework of the technical ability of the Service and in consideration of its obligations vis-à-vis other customers. The customer has no claim on pre-drawing the download allocation of the following month.
The Contractor is entitled to limit the data transfer and also to exclude the access of the customer or third parties to Usenet if the technical ability of the Service is affected or if it has indications that the customer misuses the Service pursuant to § 7. The Contractor will inform the customer without delay by e-mail of such sanctions. Should the Contractor not be in a position to provide the monthly allocation agreed in the contract, the Contractor is entitled to either credit the allocation to the following month or correspondingly extend the contract period by one month. In such case, the customer expressly has no extraordinary right for termination.
§ 4 Right for Termination, Test Period
Based upon the exemption provision for services already started on approval or demand of the customer (§ 312b-d German Civil Code - BGB) there exists no 14-days right for termination for private persons after receipt of the contract confirmation pursuant to § 2. If the customer has chosen a trial and test period upon conclusion of the contract (hereinafter referred to as "Test Period") the customer may revoke the contract within the Test Period without giving reasons. The bank account or credit card provided by the customer will then be charged with the amount which was agreed for the Test Period. If the customer does not revoke within the Test Period chosen by him/her, the contract will automatically and without further explanation by the customer turn to the contract period chosen or confirmed at the conclusion of the contract upon expiry of the Test Period.
The use of a Test Period is only possible once per customer unless the Contractor expressly grants to the customer the use of another Test Period.
§ 5 Beginning of Term of Contract, Payment, Direct Debit Authorisation, Extension of the Contract, Termination
The contract will be concluded for the agreed term of the contract. If the customer chose a package with a Test Period, the contract begins upon expiry of the Test Period unless the customer has terminated it within the agreed Test Period.
The payment rates apply which are valid at the time of concluding the contract and are communicated to the customer. The membership subscription is to be paid in advance for the chosen term of the contract by direct debit authorisation or credit card payment. It will become due upon the beginning of the contract. A direct debiting of the annual fee which arises due to the extension of a Test Period pursuant to § 4 will only be made upon expiry of the Test Period when it is certain that the customer is going to continue to use the Service.
With his/her application, the customer explicitly declares his/her consent to the Contractor charging his/her bank account or credit card with the respective total amounts in advance. The customer will be sent a receipt by e-mail. In the case of a debit entry (e.g. return for want of funds or return of the debit charge authorisation by the customer) the Contractor charges a fee in the amount of 10 ? for its processing for each debit entry in addition to the accrued bank fees. With his/her application, the customer assures that he/she is legal owner or signatory of the bank account stated by you. For the safety of both the customer and the Contractor, during the Application the Contractor saves the IP address of the internet entrance from which the debit authorisation was given. If the customer has been in default for more than 10 days the Contractor is entitled to lock the access to the Service. The same applies if the payment information provided proves to be wrong or unauthorised. The lock is not to be seen as exercise of the right to rescind pursuant to § 323 BGB. In case of a lock the customer remains obliged to pay the fees and to terminate the contract unless he/she wishes to extend the contract automatically. The right of the Contractor to claim compensation or to rescind the contract remains unaffected if the default continues to exist.
The contract is automatically extended by the present term if it is not terminated at least 1 day prior to expiry of the contract. The termination becomes effective with its receipt by the Contractor. Besides the reasons expressly stated in these terms and conditions, the Contractor may terminate with immediate effect and without prior notice if the customer has given reason for such termination for cause. Besides others, such cause is given if the customer misuses the Service pursuant to § 7. In case of a termination by either side, membership subscriptions paid in advance will not be refunded.
§ 6 Customer's Obligations
The customer commits himself/herself when filling the application form to completely and correctly enter his/her personal data, i.e. name, first name, address, telephone or telefax numbers and e-mail address, bank account or credit card number.
If any of the personal data or bank data entered in his/her Application change, the customer either has to update online his/her profile on his/her own in the login of the UseNeXT internet page or has to inform UseNeXT about the change of data in writing by e-mail, mail or telefax. The customer will find the necessary contact data online in the imprint of the page www.usenext.de. If the customer communicates in his/her Application or at a later point in time his/her bank or credit card details to the Contractor, he/she also has to provide these details completely and correctly.
The access information for the web page as well as the client access information (both hereinafter referred to as "Access Information") which the customer will receive after the Application have to be treated confidential by the customer. In order to exclude a misuse of the Access Information the customer is obliged to keep them safe and not to make them available to third parties.
As a matter of principle, the Contractor is not liable for damage caused to the customer by misuse or loss of the Access Information. In exceptional cases the Contractor is liable when the damage is caused by a negligent breach of duty by the Contractor. Both parties are obliged to inform each other without delay on any misuse of the Access Information. In the case of misuse or the concrete suspicion of misuse the Contractor is entitled to lock the password and to exclude the respective customer temporarily or permanently from the use of individual or all offers of the Service.
The customer is obliged to check his/her e-mail account at least once a week for received e-mails. Declarations of intent, in particular information, may be sent by e-mail. Furthermore, the customer makes sure that he/she is able to receive e-mails sent by UseNeXT, i.e. in particular from its domain "@usenext". If the customer uses an anti-spam software or an e-mail service which offers such functions he/she has to configure them accordingly. The customer also agrees that the Contractor may send messages and information to him/her by e-mail and/or mail relating to the functionality of the subscription service, subscription offers, etc.
§ 7 Use of Service, Legal Protection for Youth and Misuse
UseNeXT enables the customer to access Usenet in accordance with the above provisions. The use of Usenet is effected at the exclusive risk of the customer. The Contractor assumes no warranty or liability for retrieved contents of whatever kind - in particular not for correctness and completeness of the contents or compatibility with applicable national or international law. If the customer provides access to the internet and Usenet to minors the customer takes over exclusive responsibility. The customer knows that some contents of Usenet might not be suitable for minors. Usenet contains a large number of discussion panels and contributions. The contents of such panels and contributions are being provided by third parties and thus rest with the responsibility of such third parties. The Contractor is not responsible for these contents, it only provides the service for the access to such contents.
It lies in the nature of freely accessible discussion panels that they also might contain insulting, damaging, incorrect and otherwise inappropriate or - however - protected material or which in some cases might not be true or in other respects misleading. The customer obliges to apply caution, common sense and sound judgement when using the Service and to comply with the legal provisions.
The customer agrees to be responsible himself/herself for his/her own communication and the consequences arising therefrom. He/She agrees that he/she only uses Usenet for receiving and downloading news and material and that this material is lawful, proper and suitable in relation to the respective field.
In using the Service, the customer agrees not to do the following:
? To slander, deceive other people, stir up hatred against them, to annoy, threaten them or to violate in any other way the rights of others (both individual as well as public rights).
? To publish, send, download, distribute, spread or offer or make himself/herself available for any kind of improper, defamatory, violating, indecent or unlawful information or material.
? To post or transfer material violating any patent, registered trademark, copyright, business secret or other right of a third party unless you are the holder of such rights or you have the permission of the holder.
? To download any kind of data, other software or material which contains a virus or is damaged or which might in any way damage another computer or impair its functionality, like for example but not exclusively SPAM.
? To make advertisements or offer goods or services for any private or commercial purpose, except in areas which are designated for such purpose by Usenet.
? To initiate or distribute polls, contents, pyramid schemes or chain letters, except in areas which are designated for such purpose by the community.
? To download material which another user has posted in Usenet where the customer knew or should have known reasonably that it is legally prohibited to distribute it in such form.
Should a customer gain knowledge of the possible occurrence of the abovementioned processes - without claiming completeness - he/she is asked to communicate this immediately to abuse@usenext.de.
§ 8 Limitation on Liability, Data Protection and Anonymity
The Contractor is only liable for damages caused by deliberate or grossly negligent breaches of duty by the Contractor. The same applies to a fault attributable to a vicarious agent or legal representative. In particular, the Contractor is not liable for whatever kind or reason for contents which are being transported or are to be transported or are accessible via the internet and/or Usenet. The Contractor is only liable for a proper access as far as this is technically possible and it does not breach its contractual duties deliberately or grossly negligently.
Furthermore, no liability is assumed for losses of data. The Contractor is also not liable for data drawn by the customer from Usenet, and in particular not if the customer has got access to such data via a link established by a software provided by UseNeXT or via one of the web pages by the Contractor. The customer notices that the use of the internet is associated with uncertainties (e.g. viruses, Trojan horses, attacks by hackers, etc.). Damages and costs caused by them are at the expense of the customer. The Contractor does not take over any responsibility.
The Contractor is entitled to save and use customers's particulars for internal purposes. However, payment information may only be forwarded keyed to debit or debt collecting companies as far as necessary and may only be processed there in strictest compliance with data protection provisions.
The customer particulars are not forwarded by the Contractor to third parties. When using the access to the Service arranged by the Contractor it is necessary for the customer to establish data connections with other providers which cannot be influenced by the Contractor.
The Contractor has contractually obliged those other providers not to save data on transferred contents of the connections. The other provider may only save which data volumes (in kilobyte) were transferred under which Access Data. However, the Contractor may not take over responsibility for the compliance with the contractual provisions by the other providers.
The Service is accessible 24 hours a day, but this is not guaranteed. Due to maintenance work or malfunctions of communication networks of third parties the access to the Service might temporarily be impossible. Thus, the Contractor can neither guarantee the permanent access nor the permanent use of the Service. Therefore, the Contractor is only liable for damages caused by the inaccessibility or limited usability of the Service if the Contractor acted deliberately or grossly negligently. The Contractor is not liable for diminished speed of the connections to the Service.
§ 9 Changes of the Service and Terms of Use
The Contractor is entitled to adapt, change or completely or partly cease the Service offered by it both with respect to content and functionality. This includes changes which have to be made because of amendments or supplements of the laws, new court rulings, technical changes or orders or directions by authorities.
In case the Contractor ceases essential services or technical functions of its offer or Service, the Contractor will inform the customer on this in time in writing or by e-mail. In such case the customer is entitled to extraordinarily terminate the contract in writing. The right for an extraordinary termination must be used by the customer within four weeks after cessation of the Service, otherwise the restriction or cessation of the Service is being considered as approved.
The Contractor is entitled to increase the prices for the contractually agreed services under the following conditions:
An increase of prices is communicated in writing or by e-mail to the customer well in advance, i.e. at least four weeks prior to the increase. As of receipt of the increase notice the customer has the right for extraordinary termination as of the time of the increase. If the customer does not exercise this right for termination until the time of the price increase, the price increase is considered to be approved. Price reductions are generally applicable as of the announced date. With respect to the membership fee the price reduction becomes valid for the respective following term of contract unless otherwise provided.
The Contractor reserves the right to exchange, amend or cease voluntary services connected with the Service (such as but not exclusively the provision of a Client free of charge). The customer may not derive a claim for the continuation of individual voluntary services from the use of the opportunities offered by the Contractor.
The Contractor is at any time entitled to amend or supplement these AGB with an appropriate notice period. The customer may object essential technical changes or changes of the content. If the customer does not object the essentially changed conditions within a period of four weeks following receipt of the amended AGB or at the latest at the time when the amendments become effective, they become effective in accordance with the notice.
The Contractor may replace the access to the Service by other and easier technical access means.
§ 10 Venue, Applicable Law, Legal Successor and Other General Provisions
Venue for all disputes resulting from the contract directly or indirectly is Munich if the customer has the status of a merchant or is creditors' trustee of property under public law. If the customer has no permanent residence within the country, the Contractor is entitled to file a suit at the place where the customer had his last permanent residence within the country. German law is exclusively applicable also for services which Contractor uses from abroad, with the United Nations Sales Convention being excluded.
The customer may only set his own claims off against Contractor's claims if the Contractor had acknowledged such claims or if they were recognised by declaratory judgement.
Amendments and supplements to the contract as well as collateral agreements require for their effectiveness the approval by a legal representative or a staff member authorised to represent the Contractor; the same applies to the cessation of this form requirement.
The Contractor is entitled to transfer the contract with all rights and obligations to legal successors.
As far as the contract requires written form for declarations of the parties this means a sending by mail or telefax or e-mail. Declarations and invoices sent by e-mail are deemed to be received one week after entry in the e-mail account of the customer even if they were not called.
Should individual provisions of the contract or one of the abovementioned provisions of the AGB be or become completely or partly ineffective, the effectiveness of the other provisions or parts of such provisions of the contract and/or AGB remains unaffected. The ineffective or missing provision will be replaced by the respective legal provision. If there exists no legal provision suitable to replace the ineffective one, the ineffective provision will be replaced by such provision which the customer and the Contractor would have chosen in proper consideration of the mutual interests if they had been aware of the ineffectiveness of the respective provision of the contract and/or AGB. Should these AGB or the contract contain a gap the above sentences 1-3 are to be applied correspondingly or analogously in order to close such gap.
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