General-Terms and Conditions

"Immofreund" Immobilienverwertungsges.m.b.H. General Terms and Conditions of Service

BY SIGNING UP FOR AND/OR OTHERWISE ACCESSING ANY OF THE SERVICES OR PRODUCTS OFFERED BY Immofreund INC YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. THESE TERMS & CONDITIONS SUPERSEDE ALL EARLIER VERSIONS AND REQUIRE MANDATORY ARBITRATION OF DISPUTES. Please read these terms and conditions carefully, as they describe your legal rights and obligations. This agreement shall become effective as of the date of (1) your electronic signature on or acceptance of this Agreement, (2) the activation of your account or (3) your receipt of an e-mail from Immofreund confirming your order, whichever happens first. THIS AGREEMENT IS EFFECTIVE FOR AN INITIAL TERM OF ONE MONTH (OR LONGER IF YOU HAVE A MINIMUM OR EXTENDED TERM CONTRACT) AND IS AUTOMATICALLY RENEWABLE FOR SUCCESSIVE TERMS OF THE SAME LENGTH AS THE INITIAL TERM OR FOR SUCCESSIVE ONE MONTH TERMS, AS MORE FULLY DESCRIBED IN THE TERM AND TERMINATION PROVISIONS CONTAINED IN SECTION 2. EXCEPT AS OTHERWISE PROVIDED HEREIN, EITHER YOU OR Immofreund MAY TERMINATE THIS AGREEMENT (AND YOUR ACCESS TO YOUR ACCOUNT) AT ANY TIME WITH 30 DAYS NOTICE, OR Immofreund MAY TERMINATE THIS AGREEMENT OR SUSPEND YOUR ACCOUNT WITH NO NOTICE FOR A BREACH OF THIS AGREEMENT. ANY AND ALL OUTSTANDING FEES (INCLUDING WITHOUT LIMITATION THOSE THAT MAY BE OWED UNDER A MINIMUM OR EXTENDED TERM PACKAGE) SHALL BE DUE AND PAYABLE UPON TERMINATION, ALL AS MORE FULLY DESCRIBED IN SECTION 2.

1. DEFINITIONS.

For the purposes of this Agreement:

1.1. "Immofreund's Equipment" shall mean computer and telecommunications device, Internet access and/or transmission rights owned, operated, and/or maintained by Immofreund and/or Immofreund’s affiliates, agents, or assigns which provide the Immofreund Services.

1.2. "Immofreund”, "us," "we," "our" and grammatical variants thereof shall collectively refer to Immofreund Inc. , a corporation organized and existing under the laws of the State of Delaware, Austria , located at Arnethgasse 88/1 1160 Wien and its assigns and successors in interest.

1.3. "Immofreund Services" shall mean the products and services provided by Immofreund and/or Immofreund's affiliates, agents, or assigns at any given time, including but not limited to web hosting, e-mail, domain registration, and any associated support services, which services may be changed, amended, and/or otherwise altered at any time in Immofreund's sole discretion.

1.4. "Immofreund Software" shall mean any software provided by Immofreund at any given time, whether downloaded to your computer, provided to you on CD or another form of removable media, or utilized online as part of the Immofreund Services. The Immofreund Software includes the program and any and all copies or portions thereof, whether standing alone or in combination with other programs, as well as the documentation and other materials delivered in connection with the software, if any.

1.5. "Bandwidth" shall refer to the rate of data transmission in bits per second using Immofreund's Equipment.

1.6. "Content" shall mean the downloadable files which are interpreted by a client web browser for display with or without plug-ins.

1.7. "Customer Service" shall refer to communication from us to you dealing with problems or questions relating to services provided by us to you.

1.8. "Designated Agent" shall mean an individual or entity that the Prior Registrant or New Registrant explicitly authorizes to approve a Change of Registrant on its behalf.

1.9. "Fee" shall mean monies and other consideration you are obligated to pay to Immofreund for the right to use the Immofreund Services and Bandwidth subject to the terms and conditions of this Agreement and of the particular Immofreund Services for which you have registered, as outlined on the then-current schedule of fees.

1.10. "Fee Schedule" shall mean the fees for the Immofreund Services as published on the Immofreund website, which may be modified at any time in Immofreund’s sole discretion pursuant to the provisions of 23.1.

1.11. "International Customers" shall mean customers residing in or accessing the Immofreund Services from outside of the Austria .

1.12. "Material Change" means a non-typographical correction. The following will be considered Material Changes:

a) A change to the domain name owner’s name or organization that does not appear to be merely a typographical correction;

b) Any change to the domain name owner’s name or organization that is accompanied by a change of address or phone number; and

c) Any change to the domain name owner’s email address.

1.13. "Laws" shall mean the laws, statutes, and regulations then in effect of the Austria and its various states and dependencies as well as the laws of Your country of residence or the country in which you use or access the Immofreund Services and the laws of any provinces, states or dependencies thereof.

1.14. "Parties" shall collectively refer to Immofreund and you.

1.15. "Payment Account" shall refer to the credit card or Pay Pal account provided by You upon registration to pay for Your Services. Immofreund may add, delete, or modify the methods by which customers can pay for the Immofreund Services at any time without prior notice, in its sole discretion. Payments processed by Pay Pal are subject to Pay Pal's terms and conditions of service, and Immofreund makes no representations or warranties with respect to those services.

1.16. "Suspend" or "Suspension" shall include the disabling of, releasing of, disabling of, and/or placing of a registrar lock on your domain name and the cessation of transmission of data to or from Your Web Site or via Your Services.

1.17. "Technical Support" shall refer to communications from us to you dealing with problems or questions relating to technical matters involving software or services provided by us to you.

1.18. "Web Site Space" shall mean a quantity of computer memory allocation, as outlined in the program description for Your Services, generally located on one or more computer storage devices and measured in units of megabytes (MBs) wherein data comprising Your Web Site is stored and is accessible by Immofreund’s web server equipment.

1.19. "You", "your" and grammatical variants thereof shall mean you, any other entity which has an ownership or other beneficial interest in you, or any other entity in which you have an ownership or other beneficial interest.

1.20. "Your Data" shall mean any data, including but not limited to advertisements, documents, e-mails, images, movies, web pages, or other Content, related to your use of the Immofreund Services and stored on or transmitted by the Immofreund Equipment.

1.21. "Your Web Site" shall mean data transmittable via the Internet by Immofreund which is stored in your Web Site Space.

1.22. "Your Services" shall mean the specific Immofreund Services for which you have contracted, subject to the limitations and specifications of the particular service effective as of the date of contract and to the fees for those Immofreund Services pursuant to the current Fee Schedule.

2. TERM AND TERMINATION.

2.1. Except as otherwise provided in this Agreement, this Agreement shall be for an initial term of one month and shall be automatically renewed each month for additional one month periods unless and until sooner terminated pursuant to the provisions of this Section 2. Immofreund may accept prepayment for services to be provided under this Agreement, but such acceptance shall not modify or extend the term of this Agreement. Notwithstanding anything herein to the contrary, Immofreund offers certain Hosting and other Packages for which the term of this Agreement shall be in excess of one month (the "Extended Term Packages"), at the end of which this Agreement shall automatically renew for additional terms of equal length unless you turn off the auto renew function in your account, in which case this Agreement shall terminate at the end of the then-current term. You will receive notice between 30 and 60 days prior to the end of each term of your Extended Term Package that will alert you that your term is about to renew and will provide you with instructions on how to cancel if you do not wish to renew. These notices will be sent via email at the email account you provide to Immofreund. Any and all service fees for the Extended Term Packages are NON-REFUNDABLE AND ARE DUE AND PAYABLE UPFRONT IN ADVANCE for the entire term thereof. Should you choose to terminate your Extended Term Package prior to the end its term you will not be entitled to a refund. For the purposes of this provision, any modification of the hosting package may, in the discretion of Immofreund, be deemed a termination. Fees paid for an Extended Term Package shall be refunded to you if this Agreement is terminated by Immofreund without cause pursuant to Section 2.2. prior to the end of the term of your Extended Term Package in an amount equal to the service fees for the remainder of the term on a prorated basis, or as otherwise agreed to in writing by Immofreund in its sole discretion. Further notwithstanding anything herein to the contrary, Immofreund offers certain Packages for which the initial term of this Agreement shall be in excess of one month and shall have minimum term requirements (the "Minimum Term Contract Packages"), at the end of which such initial term this Agreement shall renew automatically on a month-to-month basis pursuant to the terms herein. Any and all service fees for the Minimum Term Contract Packages are due and payable for the entire initial term thereof. Should you choose to terminate your Minimum Term Contract Package prior to the end of its term you authorize Immofreund to charge the Payment Account for all such fees and charges for the remainder of such initial term. For the purposes of this Section, any modification of the server package may, in the discretion of Immofreund, be deemed a termination and entitle Immofreund to the Fees owing on the Minimum Term Contract Package.

2.2. Except as otherwise provided herein, you or Immofreund may terminate this Agreement at any time for any reason, with or without cause, upon thirty days' written notice. You may terminate your account via the control panel or by notice to Immofreund as set forth in Section 18.2. Should you terminate via e-mail, you must send the termination notice using the e-mail address which you provided to Immofreund upon registration or subsequent thereto, in order to ensure the authenticity of the cancellation.Immofreund may suspend performance under or terminate this Agreement and cease transmission of data associated with Your Web Site immediately and without notice:

2.2.1. if Immofreund, in its sole discretion, deems that you have breached any part of this Agreement, including, without limitation, any warranty or obligation set forth in Section 8,

2.2.2. if your Payment Account provider refuses payment of fees or charges or you refuse authorization for same, or

2.2.3. if payment for the Immofreund Services is more than fifteen days overdue.

2.3. Your Payment Account provider, directly or through third-party service providers, may provide Immofreund with updated credit card numbers, expiration dates, or other information which may be used to renew services or make payments under this Agreement. Should Immofreund choose, in its sole discretion, to participate in such auto-update programs, you agree that Immofreund may share your Payment Account information with such third-party providers and may update Your Payment Account with information provided through such services. You authorize any and all charges to your Payment Account using such updated information, whether or not you or Immofreund have prior notice of same. Immofreund cannot guarantee that your Payment Account will be updated, and you acknowledge and agree that it is your responsibility to keep your payment information current and up-to-date at all times and that you shall be liable to Immofreund for your failure to do so, including for any charges that Immofreund may incur as a result of your failure to keep your payment information current. Immofreund shall have no liability for declined payments or incomplete or out-of-date Payment Account information.

2.4. After termination, you will no longer have access to your account and Your Data, including but not limited to e-mails, log files, databases, or other data files associated with your account may be deleted. Immofreund accepts no liability for such deleted information or content.

3. DESCRIPTION

Subject to and conditioned upon Immofreund’s retained rights and all other terms and conditions set forth in this Agreement, Immofreund offers the Immofreund Services as soon as practicable after registration for and payment of any and all fees due. You will receive a password, account and instructions upon completion of the registration process. You are responsible for maintaining the confidentiality of both your password and your account and are fully responsible for all activities that occur under your password and your account. You agree to immediately notify Immofreund of any unauthorized uses of the account or any other breaches of security. Immofreund cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will Immofreund be liable, in any way, for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. The Immofreund Services are subject to the following conditions and restrictions:

3.1. Web Hosting Services

3.1.1 Immofreund shall provide to you a non-transferable, revocable, non-sublicensable, non-exclusive and limited license to use the amount of Web Site Space allocated to Your Services for your non-exclusive use for the exclusive purpose of storing Your Web Site data and disseminating said data via the Internet through the use of Immofreund’s Equipment for purposes consistent with this Agreement.

3.1.2 Immofreund, either directly or through its assignee or licensee, shall provide Customer Service relating to Your Web Site consisting of replying to customer questions or complaints regarding services provided by us to you relating to Your Web Site. Immofreund is not obligated to provide any Customer Service except as specified in this Section 3. Any and all requests for additional Customer Service may be refused by Immofreund with or without reason. Any additional Customer Service which Immofreund may subsequently agree to provide to you shall be at Immofreund’s sole discretion and once commenced, may be terminated at any time by Immofreund without notice to you and without any liability to Immofreund. Notwithstanding the foregoing, Immofreund at its sole discretion may at any time alter or cease providing the Customer Service which it has agreed to provide to you relating to Your Web Site pursuant to this Agreement without any liability to Immofreund.

3.1.3 Immofreund, either directly or through its assignee or licensee, shall provide Technical Support relating to Your Web Site. Any and all requests for Technical Support may be refused by Immofreund with or without reason, in its sole discretion. Any Technical Support which Immofreund may subsequently agree to provide to you shall be at Immofreund’s sole discretion and once commenced, may be terminated at any time by Immofreund without notice to you and without any liability to Immofreund.

3.1.4 All use of Web Site Space and provision of services to you by Immofreund shall be subject to all terms and conditions set forth herein. You may not attempt to expand or alter these rights or Immofreund’s services by entering into multiple agreements.

3.1.5 Unless provided otherwise in the specifications for your Services, Bandwidth use, including but not limited to data retrieval from your Web Site, e-mail traffic, and downloads, shall not exceed six gigabytes per month. Your combined mailbox use per account shall not exceed twenty-five gigabytes per month. You are responsible for monitoring your Bandwidth and mailbox use, and agree to check your e-mail and download or delete your e-mail on a regular basis in order to ensure compliance with this paragraph. Should you exceed your mailbox use limits Immofreund may return or reject any and all e-mails sent to you to the originating sender without liability to you. You agree that Immofreund may debit the Payment Account for usage in excess of permitted amounts at the rates set forth in the then-current Fee Schedule.

3.1.6 Some Immofreund Services may not be available to International Customers, and Immofreund reserves the right to alter, amend, or discontinue the provision of some or all of the Immofreund Services to International Customers in a particular market at any time in Immofreund’s sole discretion.

3.1.7 Immofreund may suspend performance under or terminate this Agreement, cease transmission of data associated with your domain name immediately and without notice, permanently remove Your Data from the Immofreund Equipment, and take any other actions it deems necessary, in its sole discretion, immediately and without notice, to comply with the relevant Laws if it is informed or otherwise believes, in its sole discretion, that Your Web Site violates the intellectual property rights of any third party or is otherwise the subject of a dispute. As more completely set forth in Sections 6, 7, and 10, you waive any and all claims you may have, now and forever, against Immofreund relating to the content, use, and operation of Your Web Site and agree to indemnify and hold harmless Immofreund from and against any such claims.

3.1.8 You are responsible for backing up Your Data on your own computer. Immofreund does not warrant or otherwise guarantee that it will back up your data or that data which has been backed up can be retrieved, and will not be responsible for any archiving or backup of Your Data. If any of Your Data is damaged, deleted, lost or corrupted in any way, or becomes otherwise unavailable due to termination or suspension of your account pursuant to this Agreement, Immofreund will have no obligation or liability to you.

3.1.9 All web hosting packages are subject to a maximum limit of 262,144 individual files for Linux hosting and 500,000 files for Windows hosting.

In a web hosting package with 50 gigabytes of web space, the customer can initially have over 20 gigabytes of web space. From a usage of at least 75% of the available web space, it will be increased automatically in increments of 10 gigabytes and free of charge until the usage is again below 75%.

In a web hosting package with 100 gigabytes of web space, the customer can initially have over 50 gigabytes of web space. From a usage of at least 75% of the available web space, it will automatically increase in increments of 20 gigabytes, and free of charge, until the usage is again below 75%.

In a web hosting package with 250 or 500 gigabytes of web space, the customer can initially have over 100 gigabytes of web space. If at least 75% of the available web space is used, it will automatically increase in increments of 50 gigabytes and up until it is below 75% again.

Immofreund reserves the right to move customers to servers which are more suited for that customer's usage, in Immofreund’s sole discretion, and the customer agrees and understands that during any such move some or all of the Immofreund services may be unavailable or inaccessible. Packages with unlimited mail space are initially configured with 50 GB of available mail space per mailbox. In the event that the customer's usage approaches the limits of the available mail space, Immofreund will increase the mail space configuration in increments of 5 gigabyte at no further cost to the customer, but no more than once per day. To get your mail space increased please contact the Immofreund Technical Support.

3.2. Domain Name Registration

3.2.1 Should you choose to register a domain name through Immofreund, Immofreund will register a second level domain name on your behalf, provided such domain name is available for registration. Immofreund acts only as an intermediary between you and the organization providing the domain name, and has no influence over the assignment of domain names. The registration of your domain name is subject to the terms and conditions of those registry terms and conditions, and is also subject to the terms of the Uniform Domain Name Dispute Resolution Policy ("UDRP"). You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions of the UDRP in effect at the time of the dispute. Immofreund assumes no liability in the event the domain name is unavailable or otherwise not assigned to you, and does not warrant or guarantee that assigned domain names do not infringe the rights of third parties, or that you will retain the rights to that domain name for any period of time. Upon payment in full of any and all registration fees, Immofreund shall not own or otherwise legally control any domain name registered on your behalf. You agree that you are responsible for any and all fees and costs related to the registration of your domain name, and you authorize Immofreund to debit the Payment Account for any such fees and costs. You acknowledge and agree that in the event of termination or expiration of a domain name, Immofreund shall be the Designated Agent, commencing from the effective date of termination/expiration. Unless terminated, at the end of each term your domain name shall automatically renew for an additional term and you further authorize Immofreund to debit your Payment Account for the renewal fee associated with such renewal term and any related fees or charges. Should the Payment Account provider fail to honor such renewal fee, Immofreund may, in its sole discretion, release, cancel, or otherwise dispose of or utilize your domain name as it sees fit, with no obligation to you whatsoever. If a domain is terminated, Immofreund may delete the domain registration forty (40) days after effective date of such domain name termination. Additionally, Immofreund may, in its sole discretion, assign the domain name to another party for any and all purposes.

3.2.2. You acknowledge and agree that Immofreund or its agents, assignees or licensees may associate any data of any kind, in Immofreund’s sole discretion, with the Domain Name registered in association with Your Web Site or any URL incorporating said Domain Name until you replace such data with Your Web Site, at such times as Your Web Site is no longer available, and upon termination for any reason, for as long as Immofreund or Immofreund’s agent, assignee or licensee continue to be listed as the hosting entity with the domain name registry used to register such Domain Name. This paragraph shall apply to any and all web pages generated by Immofreund or its affiliates, including but not limited to 404 error pages.

3.2.3. The Customer agrees and accepts that, for reasons of security and/or in accordance with ICANN and other registry policies, Immofreund shall set domain locks under certain circumstances, including but not limited to domain name registrations, domain name transfers, and any Material Changes to domain name owner details. The Customer will nevertheless be able to remove the transfer lock in order to allow a transfer of a domain name which has been applied for by third parties.

3.2.4. You represent and warrant that your domain name does not infringe the copyright, trademark, or any other intellectual property rights of any person or company and that your domain name is otherwise in compliance with the terms of this agreement, in particular the provisions of Section 8.

3.2.5. You shall inform Immofreund of any claim or potential claim against your domain name, including but not limited to the initiation of a dispute under the UDRP, within five days of notification of same. Should you lose your right to use a domain name which is used in connection with the Immofreund Services, whether through expiration of the domain name, judicial decree, administrative decisions of the UDRP or otherwise, you agree to inform Immofreund immediately of the party to whom the domain name is to be transferred and you authorize Immofreund to take any and all action necessary to effect such transfer.

3.2.6. Immofreund will accept the transfer of domain names from other registrars, provided however, that you will be required to pay for an initial year of registration fees upon transfer. Domain names which have been prepaid for a period of more than one year but with fewer than nine years remaining may also be transferred, subject to the payment of an initial year of registration fees. An additional year will be added on to the remaining term of any transferred domain. Domain names with more than nine years remaining on the registration period may not be transferred. Upon the expiration of the one-year extension you will be charged an annual renewal fee for any subsequent renewal period. By requesting the transfer of your domain name you authorize Immofreund to debit your Payment Account for the one-year registration fee and any related fees or charges.

3.2.7. You acknowledge and agree that in the event a Material Change in respect of a domain name owner is required for any reason, any responsibility and liability for such Material Changes shall be borne solely by the Customer and account owner as the Designated Agent. The full ICANN Transfer Policy is available here.

3.2.8. You acknowledge and agree that Immofreund reserves the right to act as Designated Agent (as such term is defined in the Immofreund GT&C) with respect to any Material Change (as such term is defined in the Immofreund GT&C) or update to the domain name owner for any reason, without any liability to the domain name owner. The full ICANN Transfer Policy is available on the ICANN website.

3.2.9. The Private Domain Registration Services offered by Immofreund are subject to the terms and conditions of Immofreund’s Private Registration Service (the "T&C Private Domain Registration"), which are incorporated herein by reference.

3.2.10. In using our Privacy Service, you agree to opt out of the 60-day transfer lock normally applied following any Material Change

3.2.11. You acknowledge and agree that Immofreund may suspend, cancel, transfer or modify your domain name registration at any time, for any reason, at the Immofreund’s sole discretion. Without limiting the foregoing, Immofreund may, in its sole discretion, suspend, cancel, transfer or modify a domain name registration:

1. to correct mistakes made by Immofreund, another registrar, or the applicable registry administrator,

2. to resolve a dispute related to that domain name,

3. within five (5) calendar days of the creation date of that domain name registration,

4. if you breach this Agreement (including any applicable additional rule or policy),

5. if you use a domain name in connection with unlawful activity.

6. if Immofreund believes, in its sole discretion, that the domain name has been registered fraudulently

7. upon receipt of a court order or other notification from a court of competent jurisdiction, an arbitration award, or other legal authority requiring the suspension, cancellation, transfer or modification of your domain name registration.

You further acknowledge and agree that your domain name registration is subject to suspension, cancellation, transfer or modification pursuant to the terms of any rules or policies applicable to your domain name registration, including, but not limited to (i) the UDRP, (ii) any ICANN adopted policy, (iii) any registrar (including Immofreund) or registry administrator procedures, or (iv) any other ccTLD registry administrator procedures. As more completely set forth in Sections 6, 7, and 10, you waive any and all claims you may have, now and forever, against Immofreund relating to the suspension, cancellation, transfer or modification of your domain name registration.

3.2.12. You shall have the right to cancel your contract in the event that the initial domain name registration price is greater than the price originally listed by Immofreund. For the purposes of clarity, this termination right is only in relation to the new gTLDs and only under the above circumstances.

3.2.13. You agree, and acknowledge, that some TLDs will have non-uniform renewal registration pricing such that the Fee for a domain name registration renewal may differ from other domain names in the same or other TLDs.

You can review Immofreund’s current renewal fees on the Immofreund website.

3.2.14. By ordering or applying SSL Certificates in connection with our products, You acknowledge and agree to comply with the Symantec Terms and Conditions set forth on the Immofreund website.

3.2.15. In the case of a tariff with unlimited SSL certificates, the customer receives an SSL Wildcard certificate for each domain for which he has a current contract with Immofreund, the SSL Wildcard certificate can be used for all domains administered by Immofreund; if the customer concludes a new contract which includes a domain with Immofreund another SSL Wildcard certificate will automatically be assigned.

3.3. Software

3.3.1. Immofreund may, in its sole discretion, provide you with Immofreund Software in combination with Your Services. Upon payment of all fees due and owing to Immofreund under this Agreement, Immofreund hereby grants, and you hereby accept, a nontransferable, revocable, non-sublicensable, and non-exclusive license to use the Immofreund Software and all related documentation for your own personal or business use during the term of this Agreement. Any rights not expressly granted herein shall be reserved for Immofreund. Source code or other information pertaining to the logic design of the Immofreund Software is specifically excluded from the license granted hereunder.

3.3.2. Although certain Immofreund Software may be provided free of charge, Immofreund reserves the right to charge for the Immofreund Software or any updates thereto or upgrades therefor at any time.

3.3.3. You recognize that the Immofreund software and all related information, including but not limited to any and all updates, improvements, modifications, enhancements, and information related to installation of the Immofreund Software at your home or office, are proprietary, and that all rights thereto, including copyright, are owned by Immofreund . You further acknowledge that you have been advised that the Immofreund Software, including updates, improvements, modifications, enhancements, and information related to installation, constitutes a trade secret of Immofreund , is protected by civil and criminal law, and by the law of copyright, is valuable and confidential to Immofreund , and that its use and disclosure must be carefully and continuously controlled.

3.3.4. Immofreund shall at all times retain title to all the Immofreund Software and all related information, including all updates, improvements, modifications and enhancements, furnished to you hereunder.

3.3.5. Unless provided otherwise in the specifications for Your Services, the Immofreund Software supplied hereunder is for the your personal or business use. You shall not permit any third party to use the Immofreund Software or allow access to the Immofreund Software from sites outside of your home or business premises except as specifically authorized in writing by Immofreund . The Immofreund Software is to be used only for the purposes specified in this Agreement and specifically as restricted in the following three subparagraphs of this Section 3.

3.3.6. While this Agreement is in effect, or while you have custody or possession of any of the Software, you will not: (i) reproduce, copy or publicly display, or permit anyone else to reproduce, copy or publicly display, any of the Immofreund Software, whether such Immofreund Software is in written, magnetic or any other form, except pursuant to reasonable backup procedures, or for use in Your Web Site pursuant to this Agreement, nor; (ii) provide or make the Immofreund Software available to any person or entity other than your employees or agents who have a need to know consistent with your use thereof under this Agreement, nor; (iii) create or attempt to create, or permit others to create or attempt to create, by disassembling, reverse engineering or otherwise, the source programs or any part thereof from the object program or from other information (whether oral, written, tangible or intangible) made available to you under this Agreement, nor; (iv) copy for your own use or the use of others operator manuals, system reference guides, training materials and other user-oriented materials without the prior written consent of Immofreund. In order to protect Immofreund’s trade secrets and copyrights in the Immofreund Software, you agree to reproduce and incorporate Immofreund’s trade secrets or copyright notice in any copies, modifications or partial copies.

3.3.7. You agree to notify Immofreund forthwith if you obtain information as to any unauthorized possession, use or disclosure of any Immofreund Software by any person or entity, and further agree to cooperate with Immofreund at Immofreund’s expense, in protecting Immofreund’s proprietary rights.

3.3.8. Unless agreed otherwise in writing by Immofreund, the Immofreund Software may be used only on a single computer or workstation. Immofreund software designed for use on portable workstations may be installed on both a portable and a stationary computer but may not be used on both simultaneously. You may not install the Immofreund Software on a network except to facilitate permissible installation of the Immofreund Software on computers attached to the network. You warrant and guarantee that all users of the software shall be aware of and comply with the terms of this license.

3.3.9. Certain Immofreund Software is provided for online use as part of the Immofreund Services (the "Immofreund Online Software"), and the use of such software may be subject to fees as outlined in the current Fee Schedule in accordance with this Agreement. The Immofreund Online Software is hosted software which runs directly on Immofreund’s servers, and you may not download, install, store or make any copies of the Immofreund Online Software, nor may you sublicense the Immofreund Online Software. You agree not in any way to translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market or otherwise dispose of any portion of the Immofreund Online Software or any copies thereof and not to assist any third party in doing so. The Immofreund Online Software is designed to be used through the Immofreund user interface and, as such, may be utilized by any authorized user from any computer or workstation. This license is automatically revoked upon termination of this Agreement. Immofreund reserves the right to suspend the use of, modify or discontinue the Immofreund Online Software for any or all customers at any time without notice. Certain Online Software is also Third Party Software, and is subject to the applicable provisions of 2.3.10. Immofreund may limit the functionality of any such third party Online Software, in its sole discretion.

3.3.10. Immofreund provides its customers with the ability to order certain third-party software (the "Third Party Software"), depending on the hosting package ordered. Except for Third Party Software which is also Online Software, such Third Party Software is delivered to Immofreund Customers by mail and may be ordered via customer's control panel for a period of six months after the commencement of the Immofreund Services. The license conditions governing the use of the Third Party Software may differ from Immofreund’s own software licenses. Customers of Immofreund are bound by the conditions of all licenses pertaining to such Third Party Software and should make themselves familiar with their terms and conditions. Some such Third Party Software is provided under license from Microsoft Corporation ("Microsoft Software"), and Customers using Microsoft Software are bound by the T&C Microsoft Software Products, which are incorporated herein by reference. Immofreund does not provide Technical Support for the Third Party Software. THE THIRD PARTY SOFTWARE IS OFFERED "AS-IS." THE PROVISION AND OFFERING OF THIRD PARTY SOFTWARE BY Immofreund DOES NOT CONSTITUTE AN ENDORSEMENT OF THE THIRD PARTY SOFTWARE, NOR CAN Immofreund MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE AND FUNCTIONALITY OF SUCH THIRD PARTY SOFTWARE.

3.3.11. In the event of termination of this Agreement, or upon any act which shall give rise to Immofreund’s right to terminate, or upon the expiration of the license for Immofreund Software which is subject to a limited-duration license, any and all licenses granted under this Section 3.3 shall terminate automatically, and you will remove, erase or destroy the Immofreund Software and documentation and all copies thereof, wherever located, without demand or notice.

3.3.12. Immofreund may stop providing the Software or any updates thereto, including but not limited to the Online Software or the Third-Party Software, at any time without notice or any further liability to You.

3.3.13. Software for International Customers is available for download only. Certain Software (including Third-Party Software) may not be available to International Customers.

3.3.14. Immofreund cannot guarantee that the domain name or the TLD will be registered at the registry. Immofreund cannot guarantee that the TLD will become available to the general public or be available from Immofreund. The TLD may have special registration Terms & Conditions and/or restrictions that are currently not known. Immofreund cannot guarantee that you will be able to conform to these T&CS and therefore may not be allowed to register the domain name on your behalf because of said Terms & Conditions and/or restrictions. Should such a situation arise, you have the right to cancel your binding pre-registration and will not incur any costs.

Should the domain name not be registered at the registry and the TLD not become available, then you will not incur any costs.

3.4. Premium Services.

3.4.1. Immofreund offers certain Premium Services to use with the Immofreund products and services. By ordering the Immofreund Premium Services, you agree to the terms and conditions set forth in this Section 3.4, in addition to the other terms in this Agreement.

3.4.2. The Immofreund Premium Services can only be used with the Immofreund products and services and only by account owners and persons with authority on the account. There will be no Premium Services provided to end users, unless consent has been provided by the account holder, in writing, to the Immofreund Premium Services Team. Any Immofreund Premium Services Team Member may ask for verification of identity and it shall be at the discretion of the Immofreund Premium Services Team Member whether the individual is, in fact, the account holder or has been otherwise properly authorized by the account holder.

3.4.3. The Immofreund Premium Services are available on request (subject to the availability of a Immofreund Premium Services Team Member). You are charged a fee for the Premium Service ordered. Such fee is in addition to the normal subscription fees for the relevant Immofreund package. The scope of each Premium Service ordered is detailed within the service description at the time of purchase.

3.4.4. The Immofreund Premium Services Team is available Monday – Saturday between 8:00am EST and 5:30om EST (excluding federal holidays). Outside the applicable business hours, a 24-hour-hotline support center can be reached for customers to make appointments for Immofreund Premium Services within the business hours.

3.4.5 Upon booking any Premium Service, you will be required to provide Immofreund with a credit or debit card or another valid payment method to pay for the service. You will be advised at the time of booking what the fee is based on the particular service or services ordered. You will be charged the amount of said fee upon the earlier to occur of (a) fulfilment of the services ordered; or (b) 30 days following the booking of said service(s). The booked service must be used within 30 days of purchase. Service-specific consultation calls with a Immofreund Premium Services Team Member are only available following a purchase of a Premium Service and must take place within 30 days of purchase.

3.4.6. Once booked, there is no refund of the Premium Service. You may cancel the order for Premium Services by e-mail or phone at any time but due to the nature of this customized service and the work involved, you will not receive a refund of the service fee. The 30-day money-back guarantee that is offered for some other Immofreund products is not available for Premium Services. Cancelling the Premium Services has no effect on any other existing Immofreund contracts.

3.4.7. If necessary, you must provide the Immofreund Premium Services Team Member with remote access to your computer or other applicable device. You must provide any technical equipment (e.g. DSL connection, internet connection, and modem) that the Immofreund Premium Services Team Member requires in his or her discretion in order to perform the Premium Services. You may be required to provide access to your Immofreund products or services and you accept that some changes to your products or services may be required in order for the Premium Services to be performed. You must fully cooperate with the Immofreund Premium Services Team.

3.4.8. You may be asked to provide files, materials, and information (“Customer Materials”) for the setup of the Immofreund Premium Services. You shall submit all Customer Materials required in electronic file format by e-mail in a format acceptable to the Immofreund Premium Services Team Member (such as Word, jpeg, gif, etc.). Customer Materials must be of good quality and suitably sized for its intended use. Customer Materials must not be illegal or offensive in nature, and you must be the owner, or have the relevant permission from the copyright holder if using non-open source third party materials. You must retain a current back-up of any such Customer Materials. Any Customer Materials may be deleted by Immofreund after the Premium Service has been performed and will not be returned to you.

3.4.9. You may be required to choose passwords for the Premium Service to be performed. It is your responsibility to update passwords after the Premium Service has been completed.

3.4. Premium Services.

3.4.9. You may be required to choose passwords for the Premium Service to be performed. It is your responsibility to update passwords after the Premium Service has been completed.

4.2. The Fee is due in accordance with the terms of your contract, in advance of the provision of services, not later than the first of the month they are due. In the event that Immofreund determines that the services of a collection agency are necessary or appropriate to collect amounts due under this paragraph, which determination shall be made in Immofreund’s sole and unfettered discretion, any and all collection agency fees and other costs of collection shall be added to any amounts due under this provision.

4.3. All Fees must be paid in Euro in advance of the provision of services. Immofreund will charge the Fees (including without limitation the monthly Fee, Fees for Extended Term Packages, and Fees for Minimum Term Packages), and any additional fees to the Payment Account unless specifically provided otherwise. You also agree that Immofreund may automatically debit your Payment Account, without further authorization from you, for any renewal term, additional services, and any fees or expenses applicable to Your Services or Your Website, including but not limited to fees for excessive bandwidth use or other surcharges for services in excess of those included within Your Services or Your Web Site. If payment in full is not received by Immofreund from the provider of your Payment Account or its agents, you agree to pay all amounts due from you for Your Services upon demand by Immofreund.

4.4. Immofreund may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for Your Services. Any such promotions or modifications shall not effect your obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Promotional fees and special offers may not be combined.

4.5. To the extent Your Services are subject to the terms and conditions of Immofreund’s Money Back Guarantee (the "T&C Money Back Guarantee"), they are incorporated herein by reference.

4.6. Immofreund offers a service uptime guarantee for the Immofreund Services, which provides for a credit to You in the event the total availability of Immofreund hosted web pages falls below 99.99% ("Uptime"). If You can demonstrate to Immofreund’s satisfaction, in Immofreund’s sole discretion, that Immofreund has failed to maintain the Uptime, You may contact Immofreund and request a credit for that month proportional to the amount of downtime, to be put towards the purchase of future Immofreund Services. Credits cannot be redeemed for cash, and are exclusive of any applicable taxes. The credit does not apply to service interruptions caused by (i) periodic scheduled maintenance or repairs undertaken by Immofreund from time to time; (ii) downtime caused by You; (iii) outages that do not limit browser access to Your web site (for example, interruptions to your ftp service or e-mail); (iv) suspension of Your account due to legal action taken or threatened against You or Your Services; (v) suspension of Your account due violations of the GT&C, as determined in Immofreund’s sole discretion, including but not limited to excessive use of system resources, non-payment or other billing issues, or identification by the abuse team as fraudulent or otherwise in violation of the GT&C; or (vi) causes beyond the control of Immofreund or that are not reasonably foreseeable by Immofreund.

4.7. You shall pay all costs of collection, including reasonable attorney's fees and costs, in the event any invoice requires collection efforts. All accounts referred to a collection agency shall be subject to an additional fee of 18.95 Euro, which must be paid in full before the account is reactivated.

4.8. International Customers bear the risk of currency fluctuations and any fees or taxes associated with the conversation of foreign currencies into Euro. Certain Immofreund Services will not be available to International Customers until Immofreund is able to receive satisfactory confirmation from such customer's Payment Account provider, in Immofreund’s sole discretion, that the funds will be available for debit from the International Customer's account. Orders from International Customers will not be accepted unless the country provided in the contact information matches that on file for the Payment Account.

4.9. Upon cancellation of this Agreement you will receive a prorated refund of any pre-paid, refundable fees for the remainder of any term. Fees for certain services, including but not limited to domain name registration and maintenance, set up fees, shipping and handling, SSL certificate fees, Website Creator Plus, Website Builder Plus, in2site Live Dialog Plus, DynamicSiteCreator Plus, Additional Virus Scanner, Exchange accounts and fees for the Extended Term Packages, are not refundable except as may be provided otherwise herein or unless provided otherwise by applicable local law. Immofreund may, in its sole discretion, refund other amounts as it deems necessary or advisable.

5. NO EXPRESS OR IMPLIED AGREEMENT TO DISSEMINATE MATERIALS WHICH ARE INCONSISTENT WITH YOUR WARRANTIES.

Receipt by Immofreund of data for storage in Web Site Space and/or transmission via Immofreund’s Equipment which are inconsistent with your warranties set forth in Section 8 herein shall not constitute an agreement by Immofreund to allow the Immofreund Services or the Immofreund Equipment to be used to disseminate such information or data in whole or in part, by any means, or if once disseminated via the use of Immofreund’s Services or Equipment, to continue to disseminate such data.

6. NO WARRANTIES BY Immofreund.

THE Immofreund SERVICES AND Immofreund SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT THE USE OF THE Immofreund SERVICES IS AT YOUR SOLE RISK. Immofreund DOES NOT WARRANT THAT THE Immofreund SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES Immofreund MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE Immofreund SERVICES. NO WARRANTY IS MADE BY Immofreund REGARDING ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS AGREEMENT, AND Immofreund HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTIES AS TO THE AVAILABILITY, QUALITY, QUANTITY, OR CONTENT OF SERVICES OR GOODS PROVIDED TO YOU HEREUNDER, INCLUDING BUT NOT LIMITED TO YOUR SERVICES AND YOUR WEB SITE; AND (2) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Immofreund DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH THE Immofreund SERVICES WILL BE FREE OF VIRUSES, "WORMS", "TROJAN HORSES", OR OTHER HARMFUL COMPONENTS. YOU AGREE AND ACKNOWLEDGE THAT NO REPRESENTATIONS OF ANY KIND HAVE BEEN MADE TO YOU REGARDING THE POTENTIAL VOLUME OF PATRONAGE OF YOUR WEB SITE OR ANY OTHER PERSON'S OR ENTITY'S WEB SITE OR WEB PAGE.

7. Immofreund’s LIMITED LIABILITY.

YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT. IN NO CASE SHALL Immofreund, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OR OTHERWISE RELATING TO THE Immofreund SERVICES. SOME COUNTRIES, STATES OR AUSTRIA DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH COUNTRIES, STATES , Immofreund’s LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. EXCEPT AS EXPRESSLY SET FORTH IN ANY SEPARATE SOFTWARE LICENSE OR IN THIS AGREEMENT, Immofreund DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED OR OTHERWISE ACCESSED USING THE Immofreund SERVICES, AND Immofreund WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTIES. YOU HEREBY RELEASE Immofreund FROM ANY AND ALL OBLIGATIONS, LIABILITY AND CLAIMS IN EXCESS OF THESE LIABILITY LIMITATIONS. THE TOTAL LIABILITY OF Immofreund FOR BREACH OF WARRANTY ARISING OUT OF CONTRACT, NEGLIGENCE OR STRICT LIABILITY IN TORT, OR ANY OTHER CLAIM RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL SERVICE FEES PAID BY YOU TO Immofreund IN THE SIX MONTHS PRECEDING SUCH ALLEGED BREACH, BUT IN NO EVENT TO EXCEED 15,000 EURO.

8. YOUR ADDITIONAL OBLIGATIONS AND WARRANTIES.

8.1. You agree and warrant that the contact information you have provided to Immofreund is complete and accurate, and you further agree to notify Immofreund within fifteen days of a change to any such contact information. Contact information includes your full legal name, e-mail address, and mailing address and the name, mailing address, telephone number, facsimile number, and e-mail address of the technical and administrative contacts for your domain, if any.

You acknowledge and agree that you shall adopt the role of Designated Agent and you warrant that you either are the registered name holder or are authorized to represent the registered name holder.

8.2. You agree to provide Immofreund notice of any changes in the primary or secondary DNS address of your name servers, to the extent you have installed and are operating those name servers or to the extent your domain name is held by another registrar and points to a website hosted by Immofreund.

8.3. You agree and warrant that your use of the Immofreund Services and Immofreund’s Equipment, and all sales and distributions, by any and all means, of any type(s) of Content including, but not limited to, executable files (such as .EXE), digitized audio/visual files (such as MP3), or archived copies of copyrighted works (such as .ZIP); goods, including, but not limited to, videotapes and CD-ROM products, and any type of services by you, which are advertised and/or promoted by, or are in any other way directly or indirectly associated with your use of the Immofreund Services or Immofreund Equipment, shall at all times comply with all applicable Laws.

8.4. You agree and warrant that you will neither store on nor allow to be transmitted by Immofreund’s Equipment any data or other matter which constitutes, contains, or links to child pornography or which involves depictions of sexuality by someone who is or looks younger than eighteen years of age, regardless of their actual age, or by a performer who is portrayed or made to appear as a person under the age of eighteen years of age, or which could otherwise result from or cause harm to minors.

8.5. You agree and warrant that Your Data shall be solely for business, entertainment and/or educational purposes and that you shall assume the sole responsibility and duty to ensure that all such data, visual materials, advertising and other matter shall be transmitted exclusively to willing adults and only to places in which such materials comply with contemporary community standards.

8.6. You agree and warrant that Your Data shall not violate any Laws concerning obscenity and shall not contain or link to any pornography, or depictions of bestiality, rape, sexual assault, violence, torture or disfigurement, or other content deemed objectionable by Immofreund, in its sole discretion.

8.7. You agree that you shall install and maintain appropriate and effective screening devices and/or procedures on Your Web Site to avoid access to, or communication of, any harmful matter or indecent communications to minors.

8.8. You agree that if, in Immofreund’s sole and exclusive judgment, Immofreund concludes that Your Web Site displays, contains or links to any harmful matter or indecent materials or communications which are available to, or accessible by, minors, or displays or contains any material that consists of child pornography or which could otherwise result in harm to minors; then Immofreund may, without prior notice to you and in Immofreund’s sole and exclusive discretion, either remove and erase the material from Your Web Site, and/or disable public access to the material on Your Web Site, and/or cease hosting Your Web Site, without any liability of any kind to Immofreund from either you or any third party.

8.9. You agree that in the event that Immofreund is informed by any party that your domain name or any material on Your Web Site infringes the copyright of any party, or violates the right of publicity or privacy of any party, or consists of any other claim or violation of intellectual property rights of any kind, then Immofreund may, without prior notice to you and in Immofreund’s sole and exclusive discretion, either remove the material from Your Web Site, and/or disable public access to your domain name or the material on Your Web Site, and/or terminate this Agreement, without any liability of any kind to Immofreund from either you or any third party. As more completely set forth in Sections 6, 7 and 10, you waive any and all claims you may have, now and forever, against Immofreund relating to any action taken in response to the claim that you have infringed the intellectual property rights of a third party, and agree to indemnify and hold harmless Immofreund from and against any such claims.

8.10. You affirmatively represent, agree and warrant that you have and at all times shall have all necessary intellectual property rights, including, but not limited to, all copyrights, trademark and service mark rights and rights of publicity, both in the Austria and throughout the world, to reproduce and disseminate, via the Internet, Your Data or Content which you otherwise promote, advertise, disseminate and/or distribute to anyone by your direct or indirect use of the Immofreund Services or Immofreund’s Equipment, prior to and at all times during the time such materials are promoted, advertised, disseminated or distributed through any direct or indirect use of the Immofreund Services or Immofreund’s Equipment.

Immofreund shall not be liable for any claim of unfair competition, violation of publicity or privacy, infringement of trademark, copyright, or any other intellectual property rights that is the result of your failure to have or obtain the appropriate permission to use Content when using the Immofreund Services, including but not limited to content and images on Your Web Site or used in connection with any web hosting or MyWebsite services. It is your responsibility to ensure that any images and other Content are used in full compliance with any third party license, these Terms and Conditions, and any applicable laws.

8.11. You agree and warrant that Your Data shall not constitute or contain or link to material which is libelous, slanderous, defamatory, or which will violate or infringe upon or will otherwise give rise to any adverse claim with respect to any common law or other right of any person or other entity, including, without limitation, privacy rights and all other personal and proprietary rights. You agree not to collect the personally identifiable data of any person without that person's c

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