General terms and conditions
1. General information
1.1 Dynamite Limited (which is consecutively called "provider") provides its clients with server access to the worldwide Usenet (which is consecutively called "service"). The use of this service is only carried out on the base of these general terms and conditions. The client agrees to the general terms and conditions with the registration of this service. The validity of any other general terms and conditions is debarred.
2. Subject matter of a contract
2.1 The provider procures the access to the Usenet for the client during the term of the contract. Therefore the client pays a fee in compliance with the current price list.
2.2 The provider does not procure contents or run newsgroups or servers with own contents. It only procures the technical possibilities for the access to the worldwide Usenet servers. The provider does not publish or manage own contents through these servers. All contents on these Usenet servers derive from users of the newsgroups on the Usenet servers which are run by third persons. The provider is not liable for these contents nor responsible for them.
2.3 It is possible that there won't be any access to the Usenet temporarily because of maintenance work or dysfunctions of third-person communication networks. The provider assumes no liability for permanent availability of the service. The provider is not responsible for the complete transfer of all retrievable contents on the Usenet because only the correct dispatch of data to the Usenet and the receiving of the client's incoming data is owed and could be rendered technically.
2.4 The provider reserves the right to restrict data transfer and if necessary to block Usenet access for some persons when the technical capability of the service will be affected or the provider has got clues which show that the service will be misused or that the general terms and conditions won't be complied with.
2.5 The client's validation will be made by PayPal Inc., San Jose, California which is a service provider for validations assigned by us.
3. Contract conditions
3.1 A contract will be concluded if the client receives an e-mail from the provider including the access data (password and user name). The provider reserves the right to decline a registration without any reasons.
3.2 The contract will be concluded for a limited time.
The minimum duration is:
* One month for the flat-rate package
After the expiration of the minimum duration of the contract, the duration of the contract of the particular package will continue automatically, in the case of the flat-rate package, for a further month unless termination notice is given online one day before it ends.
3.3 For the rest of the contracts, the cancelation period ends one day before the contract duration ends. The cancelation shall be conducted at the intended menu item of the client account on the website by one day before the contract duration ends. The provider reserves the right of an extraordinary notice of cancelation in case of misuse of this service by the client. Considerations which were paid in advance will not be refunded in case of misuse.
4. Revocation rights information
4.1 Right of withdrawal; any customer has the right to revoke his/her contractual statement in writing (e.g. letter or e-mail) without stating reasons within two weeks. The revocation period shall commence one day after the client has consigned the e-mail including his/her access data (password and username). The revocation period shall be deemed observed if notice of revocation is given within this period.
The revocation should be addressed to:
* E-mail: support
* Letter: Dynamite Limited, 16E, Neich Tower, 128 Gloucester Road, Wanchai, Hong Kong
4.2 Expiration of the right of withdrawal; the right of withdrawal of the client will extinguish with the end of the two-week respite. The right of the withdrawal of the client will expire prematurely if we shall have started with the dispatch of our service according to 312 d Abs. 3 BGB with the client's express consent before the end of the revocation period has begun and the client has disposed us to do that respectively (e.g. download of data).
End of revocation rights information
5. Costs, terms of payment, validation
5.1 The applicable price is the price on the date of the contract conclusion.
5.2 The fee for the chosen contract period has to be paid in advance.
5.3 With the registration the client gives his/her express declaration of consent that the provider, or a third person assigned by the provider respectively, are allowed to collect the appropriate total fees from the client's bank account. A service charge of EUR 10 per return debit note plus accrued bank expenses will be charged in case of a return debit note (e.g. because of a non-balanced bank account). If a due payment is delayed more than 3 calendar days, the provider has got the right to block the access to this service. This also applies when it turns out that the stated payment information is wrong or not authorized. The provider will authorize a debt collection agency or a law firm with the collection of the outstanding payment if there is a payment delay of more than 14 calendar days. The costs which will occur by the intervention of a debt collection agency or a law firm have to be paid as delayed debts by the debtor.
5.4 The calculation of payments will be made by our partner, PayPal Inc., San Jose, California.
6. Client's duties
6.1 The necessary data for the registration, like name, forename, address and e-mail address plus bank account and credit card data have to be registered correctly and completely. If these data change, the client has to inform the provider immediately. The provider has the right to bill the client for the accrued disprofit if there is a neglection of duties.
6.2 The access data which you received after the registration have to be kept in confidence and under secrecy at any time. The provider excludes liability for disprofits which arise through neglection of these duties. Everything which is posted on the Usenet through the transmitted access data will be attributed to the client associated with the respective data.
6.3 The provider is authorized to block the password and to exclude the respective client temporarily or permanently from the use of several or all offers of this service.
7. Rules of use
7.1 The use of Usenet occurs solely to the client's own risk. The Usenet contains a lot of contents. These contents are posted by third persons and are subject to their respective liability. The provider is not responsible for these contents, but only allocates the access to these foreign contents.
7.2 Clients are forbidden to post contents which infringe patent or branded regulations or other trade-mark rights of third persons; to post data which are afflicted with viruses or which are broken or such data which could do damage to other computers in any way or limit their functionality respectively; to download or upload illegal contents. This applies particularly to child pornography or right-wing extremist contents and such which glorify violence.
8. Provider's liability
8.1 The provider does not assume liability for any contents which are available on the Usenet. The provider neither is liable for data loss nor for other emerging problems in connection with the contents on the Usenet.
8.2 The provider is neither able to guarantee a permanent access nor a permanent use of this service. Therefore, the provider does not assume liability for damages which result in a missing accessibility and/or limited exploitability if the damage is neither caused deliberately nor due to gross negligence. Transmission and speed defiles because of the internet connection to our service are not in the provider's responsibility.
8.3 Personal data will only be saved and utilized for internal processing as far as this is necessary for the provision of our service. If required the provider is allowed to pass on the payment information to a debt collection agency or a law firm which are assigned with the collection of outstanding payments.
9. Rights and duties of the provider
9.1 The provider reserves the right to overhaul or to change his offered service with regards to both contents and functions, or to cease it completely or in parts. These include especially modifications which have to be made because of an amendment, current jurisdiction, technical modifications or legal acts and orders of an authority respectively. If basic services or technical functions of this service have to cease, we will notify the client by e-mail in time. In this case the client has the right to cancel his/her contract extraordinarily. If the client doesn't exercise the right to cancel his/her contract extraordinarily within 30 days after sending this message, he/she loses the right to cancel extraordinarily.
9.2 The provider reserves the right to increase the fee for the contracted service. A price increase will be notified by e-mail at least 4 weeks before the price increase will coming into force. The client has got the right for an extraordinary cancelation after receiving the message. If the provider doesn't receive an extraordinary cancelation within 30 days the price increase will be approved.
9.3 The extraordinary cancelation should be addressed to:
* E-mail: support
* Letter: Dynamite Limited, 16E, Neich Tower, 128 Gloucester Road, Wanchai, Hong Kong
10. Final clauses
10.1 Any subsidiary agreements, amendments or changes to these general terms and conditions shall be in writing to be legally binding.
10.2 Should any of the provisions of the present agreement be or become invalid or unenforceable, in whole or in part, or should there be a gap which deserves a control, the validity of the remaining provisions shall remain unaffected thereby. In such case, the parties pledge to stipulate the effective clause which economically best reflects the documented intention of the parties instead of the invalid or missing clause.
11. Address of the registered office
The domicile of the company is in Hong Kong
Dated: 10.07.2009