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General Terms and Conditions of Trade

1 Extent of Validity

a) These general terms and conditions of trade of shall apply to the service and the contents of an account/advertisement under the Internet page

b) These general terms and conditions of trade shall also apply to the respective sub-pages (so-called second- and third-level domains) as well as to any supplementary pages to which the above-mentioned domain refers.

c) Any pages explicitly marked as "Drittdienste" (third-party services) and any related services which are not offered by are not comprised by these general terms and conditions of trade.

2 Conclusion of the Contract

a) The contract shall be effected upon acceptance of the customer's request by For this, the customer has to fill in an application form.

b) The acceptance of the customer's offer by shall be confirmed electronically to the customer's activated user account.

3 Data Protection

a) The data indicated by the customer will be treated in an absolutely confidential manner by and will only be put at third parties' disposal, if this is absolutely necessary, if this is allowed by the data protection acts, or if the customer expressly consents thereto.

b) The customers' personal data will be processed electronically. If the user account is canceled, will immediately delete the stored customer's data, unless a further storage of the data is prescribed by law.

4 Service Contents and Utilization of the Account

a) When using the account, the customer will respect the legal provisions and the general rules of fair dealing and the rights of any third parties (trademark, copyright, data protection, patent, design rights, etc.).

b) Furthermore, the customer will not use, publish or spread any illegal data. Customers may not dispatch any offensive, violence-glorifying, or discriminating or pornographic contents. This also includes links transmitted by the customer that refer to such pages on the Internet.

c) The customer may not dispatch any data which, due to their intended purpose (e. g. spamming, viruses), are suited to make the operation of the service of difficult, or are suited to endanger the same. Particularly measures unfavorably affecting the service of are prohibited.

d) In cases of violations of the above-indicated obligations by the customer, is entitled to block the account immediately and to remove the illegal information.

e) Herewith, the customer exempts in the above-indicated cases of misuse from all claims of third parties, which could be asserted against on the basis of these cases of misuse.

f) The customer has to protect the access to his account against any unauthorized use by third parties, and he has to treat his password and his user identification confidentially and has to keep these secret. The customer shall be liable unrestrictedly for any unauthorized uses by third parties, in so far as he is to blame therefor.

g) Should the customer learn or have the sound suspicion that a misuse of his account takes place, he has to inform without delay.

5 Rights and Obligations of

a) attempts to ensure the highest possible accessability of its server. However, this does not include the down times at which the server cannot be reached via the Internet due to technical or other problems which are not within the sphere of influence of Furthermore, has the right to restrict the access to the services temporarily, if the security of the network operation, the maintenance of the account or a grave disturbance of the service requires this.

b) will not check up on the contents spread by the customer via the account.

c) In the case of a grave violation of the general terms and conditions of trade by the customer, will dispatch a respective warning e-mail to the e-mail account of the user.

d) If the customer does not comply within the given term, regularly 14 (in words: fourteen) days, with the request for cancellation or the stopping of the violation of the law, shall have the right to block the account unilaterally. The contractual relation shall then end with the expiry of the month in which the account has been blocked. Fees for this month shall not be reimbursed.

6 Prices and Payments

a) There are charges to be paid for an advertisement on The service charges to be paid for the ad may be seen from the current price schedule. reserves its right to increase these service charges any time after a prior announcement via e-mail to the customer's e-mail account at a time-limit of six weeks. If the customer does not contradict within a further six weeks, the new user fee use shall be deemed to be accepted. The contractual relation with respect to this account will then be continued on the basis of the changed conditions.

b) In case the customer contradicts, both parties shall have the right to terminate the contract at a term of one month to the end of the month.

c) The user fee for the ads has to be paid in advance regularly for the current month, respectively, and then by the first day of each month, respectively, for said month.

d) In case of a termination by the customer or by, the user fees paid in advance for the month shall not have to be re-transmitted for the month in which the contract was canceled.

e) If the respective credit card company denies debiting, or if payments are not made by the credit card company, is entitled to block the account without delay. In this case, reserves its right to further claims for damages.

f) The customer may only effect a set-off against counter-claims that have not been contradicted or that have been established in a legally effective manner.

7 Termination

a) shall have the right any time to change the design of the Internet page on which the ads are offered. Also the services of the account may be converted or changed any time.

b) Both parties shall have the right to terminate this contract at the end of each month. may effect the termination via e-mail. communicates with the customer exclusively via its e-mail account or, in case of non-accessibility, blocking, etc., via the further e-mail address indicated by him. The customer shall have to take care that the further e-mail address is and remains accessible.

c) The customer has to cancel its account in writing exclusively by fax via the fax number indicated on the Internet page of (+49 8841 627616).

8 Warranty

a) The warranty shall not cover any errors resulting from external factors which cannot be influenced by, operating errors of the user or changes, additions, alterations, repair attempts or manipulations not carried out by

b) does not give guarantees in the legal sense. does not guarantee that the services are accessible and error-free any time.

c) The liability, also for vicarious agents and/or legal representatives, is restricted to deliberate acts and gross negligence. In cases of slight negligence, a liability of the vicarious agents, legal representatives of and of itself for financial losses regarding indirect damage, unpredictable damage or atypical loss records and lost profits is excluded.

d) does not assume any liability for the contents of Internet pages to which its pages make direct or indirect reference by links. A liability for the contents or the correctness shall not be assumed.

9 Final Provisions/Address of Service

a) The Law of the Federal Republic of Germany shall be valid. The application of the UN Sales Convention is excluded.

b) The contractual relation on the account, these general terms and conditions of trade or the use of the account does not give rise to the conclusion of any joint-venture partnership, employment or agency relations between the customer and

c) For all controversies that might arise out of this contract, the exclusive venue shall be Munich, if the customer is a merchant.

d) Should these general terms and conditions of trade or parts thereof be invalid, then the legal effect of the other provisions shall not be affected thereby. Any invalid provisions shall be replaced by such that come closest to the intended commercial relevance of the invalid provision. The same applies in the case of omissions, if any.

e) can be reached under Holzmann software development, represented by the Managing Director, Achim Holzmann, James-Loeb-Str 18, 82418 Murnau, Germany and is represented by them.

Munich, Germany, 20 April 2007

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