General Terms of Business of the “Backlinksaufbauen” Company for Internetservices, dh Network, Schrammstr. 20, 02763 Zittau DE

 § 1 General terms

(1)  The internet platform which is working with the (following Backlinksaufbauen) offers natural and legal entities (following “users”) the opportunity to trade and exchange text links.

(2)  Here you will find the validity of the general commercial terms and terms of utilization.

Further regulations which deviate are not recognized.

 (3)  Changes, supplements or other additional agreements must be confirmed through Backlinksaufbauen. This is also valid for abolition of this clause.

§ 2 Participation

(1)  The participation with Backlinksaufbauen occurs under inclusion of the general commercial terms and terms of utilization by first time registration (offer) on the internet platform

(2)  The registration is free. With personal identity only one users account is allowed per user.

(3)  The user undertakes to keep secret any passwords or to change immediately or to arrange changes, if the supposition insists that entitled third from it have not attained knowledge.

(4)  Participation is only allowed, if users are fully able of business. The prospective customers who have not completed the18th year or are not fully able of business cannot take up Backlinksaufbauen. In case need is the current proof of a trade registration to present the tax number and so far available a trade register extract.

(5)  In the way of the registration to deposited users data are unsolicited by the user by changes and are prompt to update. If the user to these editions also does not follow at the end of an adequate time limit set to him moreover, the contractual relationship can be discontinued by Backlinksaufbauen exceptionally.

(6)  Backlinksaufbauen reserves itself in every case to reject the registration without registration without information of reasons. A participation claim does not exist.

§ 3 Achievements

(1)  After successful registration supplier of text link advertising places can sell it on internet sites. On this occasion, Backlinksaufbauen provides for the technical winding up as well as for the establishment of contact between supplier and user and takes down the respective business processes carried out about Backlinksaufbauen. One reservation month is calculated on the Backlinksaufbauen main entrance with 30 days.

(2)  Backlinksaufbauen offers the text link advertising places which were made available of the suppliers. Besides users and suppliers have to provide in each case even for the observance of the technical and content demands. Moreover Backlinksaufbauen releases the respective contact data of supplier and user. The free decision is incumbent upon the supplier whether he liked to accept the reservation. Besides, the correspondence occurs exclusively about the internet platform.

(3)  The participation in Backlinksaufbauen occurs only within the scope of the reasonable technical and actual possibilities – an unlimited participation cannot be assured on the part of Backlinksaufbauen. Also an occasional achievement restriction reserves itself Backlinksaufbauen, for example, because of servicing work, - this is valid in particular if security and integrity of the servers and data banks require this.

(4)  Backlinksaufbauen reserves itself the right to extend the achievements, to change and to carry out improvements and Backlinksaufbauen may inform all members about it.

§4 Cancellation right with distant sales contracts

(1)  Cancellation right: A user, who is the consumer, the issued contract declaration can recant his in the way of the distant sales within two weeks without given reasons in text form (e. g., letter or email). The term begins on receipt of this instruction in text form, however, not before contract end and also not before fulfillment of the duties of information according to § 312c part 2, BGB.

(2)  §1 Paragraph 1, 2 and 4 BGB-Info as well as the duties according to § 312e Paragraph 1 sentence 1 BGB with § 3 BGB-Info. For the protection of the cancellation term the timely sending of the cancellation is enough. The cancellation is to be directed to:, dh Network, Schrammstr. 20, 02763 Zittau, email:

(3)  Cancellation results: In case of an effective the achievements which were received on both sides has to be to grant back and if necessary pulled uses (e.g., interest) are to be published. Obligations of the allowance of payments must be fulfilled within 30 days. The term begins for the user with sending his cancellation explanation, for Backlinksaufbauen with their receipt.

(4)  The cancellation right goes out prematurely if Backlinksaufbauen begins with the explicit approval of the user before the end of the cancellation term with the implementation ( e.g., by adjusting or booking of the text links).

§5  Contract term and notice

(1)  The contract runs indefinitely and can be discontinued by both parties to a contract any time without observance of a term of notice (by email, fax or letter post).

(2)  In case of a notice by the users, the further affected users must be informed by Backlinksaufbauen. The reservations occurred up to the notice are unwound and must be compensated accordingly.

(3)  The right to the extraordinary notice by presentation of an important reason remains untouched in every case.

§ 6 Liability of illegal actions

(1)  The users guarantee that all data transmitted by them, text link advertising places and advertising operations do not offend against legal regulations or applicable right. Inadmissible are in particular contents, which are injured copyrights, name or brands rights, the state-endangering, racist, power-glorifying, pornographic and/or youth-endangering contents, or for other reasons may not be publicly accessibly and/or should not be spread.

(2)  The data which contain viruses, Trojan horses or other similar content who are likely to damage the server system of Backlinksaufbauen or the computer or internet structure of other users, are inadmissible.

(3)  Manipulations attempts found, just as the attempt to handle the internet platform (for example, by direct establishment of contact) the right for Backlinksaufbauen to the extraordinary termination of contracts as well as to block the involved users.

(4)  Backlinksaufbauen is entitled any time to check the use concerning the agreed use or an illegal claim or passing on of the referring data and to take away the access authorization to his offers from the concerning user. Other juridical steps Backlinksaufbauen reserves itself.

(5)  As far as Backlinksaufbauen because of preceding or similar offence is put out to claims by users or third, the cause releases Backlinksaufbauen from the liability.

§ 7 Payment and methods of payment

(1)  The processes effected about the internet platform are subtracted exclusively by Backlinksaufbauen. The invoice amounts are due immediately and without deduction to the payment.

(2)  To be able to carry out a text link advertising place transaction, users have to furnish supplier also a suitable transaction discount payment with Backlinksaufbauen. Besides, the supplier can choose between the payment forms via bank credit transfer and paypal. To be able to book a text link advertising place, the transaction discount payment of the user must expel a sufficient credit. The loading of the reservation discount payment occurs also by bank credit transfer. Paypal or sofortü deposited amount on the credit account cannot be paid any more. A credit for a reservation is generated in the month after next after ending of the reservation and is paid up to 15th of the respective month.

(3)  The supplier is free in his price creation.

(4)  Backlinksaufbauen receives for the payment of the achievements provided with the internet platform as a commission an impact at the rate of 25 percent on the prices quoted by the suppliers. The transaction value arising from it is expelled on the internet platform as a total and is to be paid with reservation by the user.

(5)  With a reservation the respective trans-special-offer price is drawn off immediately to the credit account of the user. With fulfillment the agreed trans-special-offer-price is credited to the transaction discount payment of the supplier. Fulfillment enters if the booked text link is integrated one month on the agreed internet site of the supplier and is accessible. If it comes on the part of the supplier for achievement disturbances (for example, with a server failure of three days), the user has the right to cancel the reservation. In this case the supplier has no right of a payment of the trans-special-offer price. Then the trans-special-offer price is credited less the Backlinksaufbauen being entitled commission to the transaction discount payment of the user again. An automatic renewal enters two weeks before end of the achievement period, condition on this case are a sufficient cover of the credit account. Curvature mistakes can appear by the production of the calculation and credits; this accepts the member with confirmation of the activation link.

(6)  The users agree by our registration of the delivery of the calculations on electronic way by email in the form of an unsigned PDF File and the possibility to download it on Backlinksaufbauen.

(7)  The sending of a calculation in written form under protection of the post is possible only with a surcharge separately to be agreed (at the rate of 7, 50 Euros).

(8)  During the day in spite of the calculation form the calculation form is valid of the date given in the calculation in which also the calculation is dispatched by email to the respective addressee, as sent.

(9)  The user is behind with the payments if the respective invoice amount has not come within ten days on the account of Backlinksaufbauen.

(10)  The user agrees that Backlinksaufbauen may carry out also the marketing of the text link offers on the other web pages.

§ 8 Guarantee

(1)  Backlinksaufbauen takes over no guarantee for the fact that the offered data correspond to the user’s expectations or that with it a certain (in particular economic) aim can be reached. This is also valid for the correctness and completeness of the contents of the information delivered by users as well as for their solvency. Just as little guarantee for quality and use ability of the offered text link advertising places is taken over – this encloses in particular the given pagerank values, external and internal links, DMOZ-Lists. In the end, Backlinksaufbauen, also does not assure that no right third are injured.

(2)  Backlinksaufbauen points out to the fact that a Pagerank can change any time.

(3)  Backlinksaufbauen is not liable for damages which are to be led back on an overrun (for example, with a server failure). The user explains the necessary and suitable safety measures (for example, backups) in own responsibility.

(4)  Backlinksaufbauen is not responsible for the contents of the internet sites of thirds that refer to the platform. Just as little Backlinksaufbauen is not liable for damages which are to be led back on faulty software or hardware of the users or for damages which are based on account of lacking availability or flawless functionality of the internet. Also Backlinksaufbauen is not liable for the damages which have originated from faulty participant data.

(5)  Faulty data are repaired after written understandable mistake description by the user, so far possibly, immediately from Backlinksaufbauen. A guarantee for correctness and completeness of the data is excluded, also the guarantee that the data correspond to the demand or the expectations of the user.

(6)  In general Backlinksaufbauen is liable only for deliberate or roughly careless action of his legal representative and fulfillment assistant. This liability limitation is valid for all contractual and legal claims. Backlinksaufbauen is not liable for damages from higher power.

(7)  Provided that Backlinksaufbauen is liable, this is valid only in this case, as that the damages foresee typically for contract. The liability is limited in these cases to 2500 Euros per case of damage and all together to 25000 Euros.

(8)  Backlinksaufbauen is not liable for defects or damages which are caused by thirds.

(9)  The preceding restrictions of liability are not valid for claims to compensation because of the injury of the life, the body, the health or essential contract duties (cardinal’s duties). Further the restrictions of the liability are not valid for claims from product liability.

§9  Data protection

(1)  Backlinksaufbauen shows according to § 33 to paragraph 1 federal data protection act (BDSG) to it there that the data of the user are stored in machine-readable form and processes within the scope of internal account and evaluation procedures. All data protection-juridical regulations are strictly kept. Personal data are not transmitted into three parts.

(2)  The user undertakes to keep with the use of the data the regulations the data protection act applying in the Federal Republic of Germany.

(3)  Backlinksaufbauen is entitled to step with the users by email in contact. Same is valid for the news exchange between users, this will confirm with of the activation link in the registration email accepted.

(4)  Backlinksaufbauen is further entitled to publish user's data within the scope of the Internet platform and to pass on and to transmit this within the scope of the legal obligations to entitled places. Backlinksaufbauen is entitled in addition to the avoidance of abuse to store the IP address of the user with registration and use of the Internet platform and to pass on this in deception or abuse cases to the entitled places.

§ 10 References (links)

(1)  Backlinksaufbauen makes available links to other Internet sites or other information. Because Backlinksaufbauen has no control of these Internet sites and information, the user recognises and agrees with the fact that Backlinksaufbauen is not responsible for the availability of these Internet sites or information of third, does not adopt about these Internet sites and resources to provided contents, for these contents is not responsible and also not liable for it.

§ 11 Changes of the general commercial terms and terms of utilization

(1)  These general commercial terms and terms of utilization can be changed from Backlinksaufbauen any time or without previous announcement, as far as to the user this is reasonable taking into account the interests of Backlinksaufbauen. Should the user not agree with a change, he is obliged to finish the use of the Internet platform and to discontinue the contract of utilization.

§ 12 Applicable right, legal venue, place of fulfillment, additional agreements

(1)  Provided that already does not mention, the regulations applying in the Federal Republic of Germany from data protection right, copyright and other legal regulations come between Backlinksaufbauen and user to the use.

(2)  Place of fulfilment is Jena. Exclusive legal venue is Jena, as far as it concerns independent commercial agents. The corresponding is valid for legal entities of the public right or public law special property. The whole contractual relationship is defeated by German right to the exclusion of the UN-purchase right, no matter whether the user is defeated by another right.

(3)  No other additional agreements exist beyond the contract and these general commercial terms and terms of utilization. Additional agreements and changes of the contract need the written form. An observance of this form regulation cannot be renounced. (State: 01.08.2014)