General Terms and Conditions of Domainannounce

The contract party of the customer and user of these General Terms and Conditions is , , Germany, referred to herein as "Domainannounce", which makes the services available to the customer solely on the following conditions. The General Terms and Conditions apply for all information transferred electronically and are accepted by you when you place an order. The General Terms and Conditions displayed at the time of ordering our services shall apply. You can download the text to your computer and/or print it out. We do not recognise regulations that differ from these conditions, unless they are confirmed by us in writing. Domainannounce is entitled to change these conditions of use at any time without giving prior notice. The customer shall be notified of the new General Terms and Conditions. If the customer does not oppose the change within three weeks, then the new General Terms and Conditions shall be considered accepted. In the event of opposition, Domainannounce can terminate the contract at two weeks' notice.

Subject Matter of Contract

Domainannounce determines, on the Internet, domain names that were once registered and have become available again. These domain names are continually published on the Internet via the www.domainannounce.com news page. The news service is directed at commercial customers. A description of the database contents and research aids may be found on the www.domainannounce.com Web pages. In addition, registered customers can submit domain monitoring requests and place active search and research enquiries. No automated database query of any kind is allowed.

Expired Service Account

The Expired Service Account is an independent product which is not connected to our 1st, 2nd or 3rd level accounts. It offers access to a scan able database with a qualitative selection of soon and already expired domain names. For each reported domain name users can pull up additional information like the number of back links including their IP addresses and our rating in order to check the value of a reported domain name. We can not warrant the truth or accuracy of all information as it is collected from third parties. Like all organisations offering similar services, we do not and cannot guarantee a certain number of domains reported in a specific time. In using the Expired Service Account, you accept that other individuals and/or organisations may also be using similar services to track these domain names for backorder registrations. Refunds on your subscription are therefore not issued in the event that someone else registers the domain name.

Registration Obligation

To use the service, you agree to (a) make truthful, accurate, up-to-date and complete statements about yourself (referred to herein as "registration data") as required by the registration form, and (b) update this registration data if necessary, in order that it remains truthful, accurate, up-to-date and complete. Should one of the statements you make be untrue, inaccurate, out of date or incomplete, or should there be any reason for Domainannounce to assume that such information is untrue, inaccurate, out of date or incomplete, then Domainannounce shall be entitled to delete your user account ("Account"), either temporarily or permanently, and to exclude you from using all or individual services now and in future.

Account, Password and Security

After registration, a password for your Account will be sent to you by post or e-mail. Access data and password must not be made accessible to, and must not be used by anyone other than the registered user. The user undertakes to log off when leaving the Web site of Domainannounce.

Should the registered user suspect that other parties are using his/her registration data, then he/she is obliged to notify Domainannounce about this immediately and to change his/her access data via the Web page. If the user fails to give notification, he/she is obliged to compensate for all resulting damages caused to Domainannounce.

Should Domainannounce detect that access data is being used by multiple users at the same time, then Domainannounce shall be entitled to lock the user immediately and definitively, without the user being entitled to a refund or compensation. This does not affect Domainannounce's entitlement to compensation. For the issue of a new password, Domainannounce can charge a lump sum of US-$ 10.00, unless the user himself/herself changes the data on the Web site.

Conclusion of Contract

A contractual relationship with Domainannounce comes into being only when the user receives acceptance of his/her offer (registration).

For every order placed, the customer usually receives a confirmation in writing or in electronic format. This confirmation from Domainannounce has to be checked by the customer for obvious errors (typing/computational errors), as well as for discrepancies with the order.

The customer is obliged to notify Domainannounce of such inconsistencies immediately. Failure to report discrepancies between registration and confirmation immediately means that the customer accepts the conditions of the confirmation.

Protection of Privacy

Your registration data as well as certain other data about yourself are subject to our data protection regulation. Further information about this may be found at:
http://www.domainannounce.com/privacypolicy.php

Copyrights

The contents marketed by Domainannounce are protected by copyright. Every use is subject to the relevant copyright and protection by copyright acts. The user agrees to recognise and observe them. In this respect, the downloaded and/or printed research results are intended only for the commercial user or, in the case of information brokers, for the client's personal requirements. The downloaded and/or printed data must not be relinquished to third parties, disseminated electronically or otherwise, publicly conveyed or republished. The user must not remove copyright notes, trademarks and other legal reservations in the retrieved data.

Availability

Domainannounce guarantees the availability of its Internet Web servers 7 days a week, 52 weeks a year, with an annual average availability of 97%. However, this overall figure excludes all time periods in which all or individual Web servers cannot be reached via the Internet due to technical or other problems outside the control of Domainannounce, in particular, acts of God, conduct of third parties, etc.

Prices

The prices quoted on the Web page are the prevailing prices for your obligation to pay. Individual services, such as 3rd Level, 2nd Level, 1st Level and Expired Service Account are chargeable and are subject to defined settlement periods. For 2nd Level a settlement period lasts three months and for 1st Level a settlement period lasts six months real time usage; for 3rd Level two months and for the Expired Service Account it lasts three months. The information on the relevant services refers directly to this.

Payment

Payment is made without deduction by transfer or Paypal. In the exceptional case of a direct debiting service, if the debit entry is returned or payment refused, the customer authorises Domainannounce irrevocably to pass on the customer's name and current address to the contractor.

Due Date

Remuneration for services first becomes due at the start of the first settlement period, unless otherwise stated in the service descriptions of Domainannounce.

Default

The customer shall come into default and be liable to compensate for damages if, upon receipt of a reminder from Domainannounce, which is issued after the due date of the price, the customer does not pay. Irrespective of this, the customer shall come into default and be liable to compensate for damages for failure to pay at a payment date set out in the contract. The legal regulation, according to which the debtor automaticlly comes into default and is liable to compensate for damages thirty days after the payment due date and receipt of an invoice, remains unaffected. As soon as the customer comes into default, Domainannounce is entitled to charge interest payable on default of 12.6% p.a., in so far as no lesser damage is proved. For every returned or non-paid debit entry, Domainannounce shall charge a flat-rate processing fee of US-$ 15.00 (including VAT), in addition to the bank costs incurred, unless lesser damage is proved. Of course, this does not apply to the full extent if the non-payment and return can be attributed to an error by Domainannounce.

Furthermore, Domainannounce is entitled to charge a processing fee of US-$ 4.00 (including VAT) for each legitimate prompt note, as well as a charge of US-$ 10.00 (including VAT) for each legitimate reminder, unless lesser damage is proved. Domainannounce is entitled to restrict its services or stop them entirely during the default period. After fruitless expiration of the deadline specified in the prompt note, Domainannounce is entitled, in particular, to lock the customer's means of accessing the services of Domainannounce altogether.

Invoice

Ordinary invoicing takes place online in the customer login area, unless otherwise stated in the service descriptions or in separate contractual agreements. If the customer requests extraordinary invoicing by letter post, Domainannounce is entitled to charge an additional fee of US-$ 5.00.

Termination

Domainannounce can prematurely lock the service for a customer if there are concrete grounds to believe that a customer is violating these General Terms and Conditions. In particular, this is the case if a customer relinquishes his/her access data to third parties. A customer, once locked, may no longer use the Domainannounce Web pages even with other user accounts, and may not re-register. Usage fees or a proportion thereof will not be refunded.

Guarantee

Domainannounce can be reached in accordance with the regulations on availability specified above. The service of Domainannounce lies in notifying the users whether a domain can be registered at the time of the notification. It is possible that a domain reported as available is registered by third parties within just a few minutes, without the user or Domainannounce having control over this. Domainannounce does not guarantee that the user can successfully register the domain. This lies outside the control of Domainannounce, and therefore cannot be made the subject of guarantee claims.

In so far as Domainannounce reports a domain as available, it gives no guarantee with regard to the rights of third parties being affected with the registration/logon or other use of the domain.

In particular, Domainannounce draws attention to the fact that registration/logon or other handling of a domain can trigger legal claims in relation to names or brands or other claims for damages and/or claims for injunction by third parties, without Domainannounce assuming responsibility in relation to the user or otherwise giving a guarantee. Every registration or other handling of a domain by a user is done at his/her own risk.

Furthermore, Domainannounce gives no guarantee regarding whether and how domains are provided with ratings, whether and how GOOGLE Pagerank® exists or whether and how back links exist.

Domainannounce gives no guarantee regarding the operability of the technical facilities and of the Web site. A guarantee regarding scope is likewise not given. Domainannounce shall not be liable for acts of negligence, in particular in relation to the content of the Domainannounce Web page.

Disclaimer

On no account shall Domainannounce be liable for simple negligence. We exercise utmost care when creating the offer on our Web site. Nonetheless, we cannot assume liability for acts of negligence, in particular in relation to the content of Domainannounce. The reported domain names were not checked for any existing name or brand rights. When these domain names are registered, it is the party registering them that is responsible for observing the rights of third parties. Furthermore, Domainannounce shall not be liable for any direct or indirect damages, including loss of income, that arise as a result of information held on its Web pages. In the case of chargeable services, liability for simple negligence is limited to the sum of the charge paid by the customer for the respective service or service period. In the case of services that are free of charge, liability for simple negligence is limited to a maximum of US-$ 25.00 in an individual case and US-$ 100.00 in total.

Furthermore, Domainannounce shall not be liable for faults and failures that lie outside the control of Domainannounce, in particular outside its physical network and its databases), unless these failures have been caused by Domainannounce either with intent or through an act of gross negligence. In respect of unauthorised access to the servers and databases the liability of Domainannounce is generally limited to intent and gross negligence.

Compensation / Right of Retention

The customer is entitled to compensation against the claims of Domainannounce only in so far as the customer's counter claims have been established in law or have been acknowledged by Domainannounce in writing.

The customer may exercise right of rentention only in so far as the relevant claims against Domainannounce are based on the same contractual relationship with Domainannounce.

Place of Jurisdiction

For customers whose domicile / business domicile or usual place of residence lies outside the Federal Republic of Germany, the place of jurisdiction for all claims in relation to this contractual relationship shall be Berlin. Domainannounce is entitled to sue at the general place of jurisdiction of the customer.

The contractual parties agree that Berlin shall likewise be the non-exclusive place of jurisdiction in the remaining cases. Applicable law and place of execution for all lawsuits shall be Berlin. German law applies exclusively.

Issue date: 1. July 2007