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General terms of use of Internet services provided by Deutsche Telekom By providing a network and offering web hosting as well as Internet services, Deutsche Telekom AG (hereinafter "Deutsche Telekom"), Friedrich-Ebert-Allee 140, 53113 Bonn (Amtsgericht Bonn HRB 6794) offers the technical means to distribute and obtain public, private, commercial and non-commercial information (hereinafter "IP Services"). In order to avoid damage caused by the misuse of the IP services offered, e.g. spam e-mail (a large amount of unsolicited advertising messages generally containing falsified sender information), to Deutsche Telekom, its customers and its customers' customers as well as affiliated providers and other users and to ensure the usability of the services offered, Deutsche Telekom has drawn up this Acceptable Use Policy (hereinafter "AUP"). The AUP is directed at all users using the IP Services offered by Deutsche Telekom (hereinafter "Users"). Deutsche Telekom reserves the right to amend this AUP at any time without prior notice, effective upon posting such changes at postmaster.t-online.de/aup-engl.html. | |
| I. | User obligations |
| 1. | The User acknowledges that it is aware of the possibility that the content and information it disseminates may have a negative impact on the reputation and business of Deutsche Telekom and its customers. Accordingly, the User is under a strict obligation to observe the terms of use set forth in this AUP without any restrictions and not to misuse the services offered by Deutsche Telekom. The User must notably comply with the following obligations: |
| 1.a | The User shall refrain from any behaviour or conduct of business that is deceptive, misleading or contrary to good faith. The User shall not use the IP Services provided by Deutsche Telekom to commit or assist, or attempt to commit or assist, in any criminal acts. |
| 1.b | No unsolicited information, material or other services may be sent, e.g. advertising by e-mail, fax, telephone or SMS which was neither wanted nor requested. |
| 1.c | The User is prohibited from harassing a human being by persistently attempting to make contact with him/her by means of telecommunication thus seriously impairing his/her way of life. |
| 1.d | No information with content that is illegal or against good morals may be transmitted or posted on the Internet. This in particular includes information serving to incite hatred and violence against persons or groups on the basis of their race or ethnicity, encouraging or inducing criminal offences by disseminating or providing instructions or glorifying or downplaying violence, as well as such information which is sexually offensive, pornographic, conducive to posing a significant moral threat to children and adolescents or impairing their well-being or could have a negative reputation on the image of Deutsche Telekom. |
| 1.e | The User will ensure that the User's use of individual functionalities provided by Deutsche Telekom and notably the User's posting or sending of messages will not interfere with Deutsche Telekom, other providers or (any) other third parties in any manner. |
| 1.f | No connections may be established which result in payment or other consideration from a third party to the customer. |
| 1.g | National and international laws regarding copyright, trademarks, patent, names and labels as well as other intellectual property rights or personality rights of third parties must be observed. |
| 2. | The User must comply with the Internet standards referred to as "Requests for Comment" (RFC) of the ISOC (Internet Society) and any applicable "Memoranda of Understanding" of the ITU (International Telecommunication Union). |
| 3. | The User must implement appropriate measures to prevent wrongful access to its systems which are connected to the Deutsche Telekom network preventing use enabled thereby. Appropriate measures are to be taken to prevent the automated exploitation of these systems, e.g. their integration in so-called botnets. This includes promptly applying security patches for operating systems and applications. If the User is aware that its system has been compromised, it must immediately remove any existing malware or disconnect its systems from the Deutsche Telekom network. |
| 4. | Personal access data (such as user IDs and passwords) provided to the User by Deutsche Telekom may not be disclosed to third parties and must be stored in a secure place so as to protect them from and against third-party access. Such data should be changed upon first use and in regular intervals for security reasons. The User shall change access data suspected of being disclosed to unauthorised parties without undue delay. Such data must be encoded if stored on electronic data storage devices (e.g. PC, USB flash drive and CD-ROM). The User bears all costs arising from the use and/or misuse of Deutsche Telekom services by third parties if and to the extent it is responsible for such use and/or misuse. |
| 5. | Unauthorised monitoring or analysing of third-party network traffic as well as preparing such measures is prohibited. |
| 6. | The unauthorised gathering, consolidation and analysis of personal data is prohibited. The collection of personal information on third parties, e.g. user IDs, bank details, credit card numbers, transaction data, addresses or other contact information, without their knowledge and/or consent or the attempt to gather, collect, store and publish such data is prohibited in particular. |
| 7. | It is prohibited to maintain unconfirmed mailing lists without the explicit and verifiable consent of the owners of the e-mail addresses contained therein. The respective confirmation message from such e-mail addresses must be kept for the duration of the existence of the mailing list. |
| 8. | Excessive multi-posting or cross-posting, i.e. sending the same or almost the same messages in large numbers to one or several Usenet newsgroups or other forums is prohibited. Deliberately jeopardising the infrastructure by provoking network attacks or publishing any content causing an excessively high level of network traffic or system utilisation or posing a potential risk to the security of the Deutsche Telekom network or systems is prohibited. |
| 9. | The use of AS numbers as well as the allocation of IP addresses and/or IP address blocks without the consent of the competent registrar is prohibited. |
| 10. | It is prohibited to promote, transmit or provide in any other manner a software, program, product or service that was developed to directly violate this AUP or the terms of other Internet service providers or facilitate the violation thereof. This notably includes means which enable the realisation of any form of denial-of-service attacks (e.g. a large number of unsolicited e-mails, flooding, mail bombing) and malware (e.g. Trojan horses, computer viruses and worms) and tools to create them. Operating or hosting open relays/proxies/routers as well as anonymizers and similar services is also prohibited. |
| 11. | To the extent that the User permissibly provides a third party with the services provided by Deutsche Telekom, it must inform the third party of the AUP and ensure that the latter complies with it. |
| II. | Reporting misuse of the IP services and/or a violation of the AUP |
| Please send notifications of misuse of the IP Services and/or a violation of the AUP to Deutsche Telekom AG at the following e-mail address: abuse@telekom.de. The respective e-mail should contain a report of the misuse and be accompanied by the known details (e.g. URLs, copies of e-mails, etc.). Persons or organisations reporting incidences of misuse should provide their names and sufficient contact details (including e-mail address, telephone and fax numbers). | |
| III. | Consequences of violation of the AUP |
| In the event of a violation of the AUP by the User or third parties who use the services with the User's consent or the reasonable and significant suspicion thereof, Deutsche Telekom reserves the right to block access to particular services at the expense of the customer or to take any other action to stop the misuse of the IP Services or violation of the AUP. | |
| IV. | Indemnification |
| Deutsche Telekom and its vicarious agents are to be indemnified from and against any and all third-party claims that are based on the User's illegal use of the services provided by Deutsche Telekom or such use taking place with the User's consent or which in particular arise out of data protection, copyright or other legal disputes relating to the use of the services provided. The User is obliged to notify Deutsche Telekom without undue delay if it is or should be aware that such violation is imminent. | |
| V. | Contact information |
| If you have questions or comments about this policy, please e-mail to abuse@telekom.de. | |
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