General business conduct policy
of Roland Beer, Beinsteinerstr. 51, 71394 Kernen
concerning Membership in Club "eromail2u"
|
Preamble: Now I too have also GTC's. I, who only wanted to install a free distribution. I only wanted to distribute a few Girls ", but was then forced by the Youth Protection Agency to create membership only groups resulting in the erotic club. With some revenue from the club (which actually only covered my server costs!) the tax authorities knocked on my door that I have to pay taxes (OK I understood so far!). I then was to told to officially register as a business because of the repetitive circulation over the Internet. As a business you are then automatically obliged to have a General Trade Conduct Policy complying with global guidelines. I had engaged a lawyer for hard currency to draft up GTC's because if I don't I can be prosecuted. |
§ 1 Object of Contract
the user of these General Business-Conditions GBC (in the following "Fossy") runs an Internet-site with the address www.eromail2u.de (as in "home page"). He sends mails with erotic content (short texts, pictures / picture-presentations and movies) to announced prospects (in the following "customer").
This complies in principle with the youth protection regulations (the files are censored) and are free of charge.
In addition those services are offered uncensored for payment. In order to receive those uncensored services you have to be of legal age and a member of the so called "Club" founded by Fossy. Exclusively those for payment services are subject to these General Business Conditions.
The customer's membership is the object of the contract between Fossy and the customer of the uncensored Mails in the club.
Fossy performs exclusively to the following conditions. He does not acknowledge opposing customer conditions.
Verbal agreements were not met by the parties. Additional alterations or supplements of the closed agreements must take place in writing. A verbal relinquishment of the written-form is excluded.
§ 2 Entering into a contract
A contract is entered if the following prerequisites are met cumulatively:
1. Registration of the customer of the free and censored erotic mail service, so that his/her mail address is known and the club-contribution can be credited to an address.
2. Acceptance of the GBC by the customer.
3. completion of the age-verification by Fossy in compliance with German law (§ 6) 2.1 and § 6 2.1).
4. payment of the club-contribution according to § 6 1. and the fee for the age-verification (§ 6) 2.3.) by the customer.
§ 3 Duration of Contract
The contract between Fossy and the customers represents an obligation of duration.
The duration of the contract is established by the customer him/her self. It is determined by the amount of the contribution, that the customer pays to Fossy when entering into the contract. However, the contribution must be at least 1, € (minimal-duration 30 days) and is allowed up to 23, €, (maximum-duration: 690 days).
During the duration of the contract, the fulfillment of the mutual contractual obligations can be hindered on the request of the parties. A hindrance means a temporary stop of mail services on the part of Fossy (e.g.) because of vacation or illness, or a temporary stop for incoming mail on the part of the customer (e.g.). because of vacation or longer absence. To this, it needs the one-sided explanation of the party, that wishes the hindrance. The explanation of Fossy becomes effective, as soon as the customer receives it by email.
The customer's explanation becomes effective if he/she enters the corresponding data into Fossy's home page at the intended space. Fossy puts a form for it on his home page at disposal, which can be accessed under "account administration" subtitle "vacation/absence. (The customer has to log in with his/her email address and password.) The duration of a hindrance can not exceed 15 days. The duration of the contract will be extended by the length of the hindrance.
Regardless of the right to terminate resp. § 4 the customer may terminate the email delivery at any time prior the expiration date of the contract. In this case the customer has no right for a refund of the unused portion of the amount paid.
§ 4 Termination
Regardless § 314 BGB (Termination for good cause) the customer has no right for termination during the duration of the entire contract, which however can not be longer than 720 days.
§ 5 Description of Service
1. Fossy commits to immediate notification of confirmation of contract via email to the customer at the moment the prerequisites are met.
2. Fossy commits to send daily emails to the customer. The delivery of uncensored e-mails starts the first day Fossy the contract was validated. Each e-mail consists of one or more uncensored erotic files (pictures/presentations and movies).
3. Fossy commits to the customer that all files are attached in the daily mails regardless of size up to max. 10MB At the request of the customer the size of the mails can be limited. Fossy puts a form for it on his home page at disposal, which can be accessed under "account administration" subtitle " mail setting". (The customer has to log in with his/her email address and password.) In that case the larger file will be replaced with a direct link.
Fossy commits to give priority in sending mails to the customers in the club rather than to ordinary members.
With extensions of an accomplishment-period (breakdown), that are not represented by anyone, the customer is not entitled to any damage-claims.
§ 6 Obligations of Customer
1. Club Fee
1.1. Fee
The amount for a 30 day Club membership is one (1,--) Euro.
The customer can pay Fossy any amount from one to 23 Euro.
In addition the following cost are the responsibility of the customer:
1. cost for extra services
2. cost for services due to false or incomplete customer information
3. cost for not verifiable complaints
4. cost for improper system use
1.2. Payment modalities
All forms of payment are described on Fossys homepage in menu "Erotic in the Club" and subtitle "accounts" The amount due is payable in full without any discounts.
2. Age verification
2.1. Fossy has a form on his home page for age verification. It is in the menu "Erotic in the Club" in subtitle "age verification".
2.2. The customer can proof his legal age as follows:
2.2.1. For customer living in Germany:
Postident Basic-Procedure
The costumer prints the form (download age verification form) and visits his post office. There, his identification will be recorded and the Postident "Basic" will be mailed to Fossy
Postident Comfort-Procedure
The customer fills in his/her address as required in the age verification form and receives the Postident "Comfort " by mail. He than needs to show his ID to a post official.
SCHUFA-Report
The customer submits his address and bank account information as required in the Postidentication form. This information will be sent to SCHUFA verifying to Fossy in return the age of the customer. The customer receives from Fossy an access code via registered mail following the successful verification.
2.2.2. For Customer living Abroad:
Copy of Government issued ID and registered Mail
The customer submits his address as required in the age verification form. In addition he/she sends a signed copy of his Government issued ID. Following that, he/she receives from Fossy an access code via registered mail.
Government issued ID and photo with Club Number
The customer sends a photo of him self via e-mail, fax or regular mail holding in his/her hand a piece of paper with the Club number. In addition a copy of his Government issued ID needs to be mailed as well. As soon as Fossy receives these documents the customer will be given access immediately.
2.3. Fees for the Age Verification Process:
Fees for the age verification:
- Postident Basic-process: 8,00 €
- Postident: 8,00 €
- SCHUFA-report process: 8,00 €
- mailing copy of Government issued ID: 8,00 €
- mailing copy of Government issued ID with photo of customer: no fees
3. Utilization of available forms.
The customer information is legally binding only if the proper forms are used available from the homepage. The customer in particular is advised that any other forms used will not be considered.
§ 7 Right of Objection
The customer at the time of first delivery of service has no right of objection. As soon as there is a legally binding contract between Fossy and the customer(§2), files will be mailed or are available for downloading. Those files are transferred to the customer's PC and considered unsealed software according to § 312d Abs. 4 Nr. 2 BGB.
§ 8 Copyright
The customer is not allowed to alter or transfer to third parties any of the files Fossy made available.
§ 9 Guarantee and Complaint
the customer notifies Fossy of occurring defects by submitting a brief description of the problem via email. Fossy is solving known problems in a timely manner by sending pictures without any defects.
Urgent defects posing an immediate threat (viruses, Trojans, etc.) need to be notified immediately by phone to Fossy +49(0)7151-2703026
If reported defects can not be verified the customer has to carry the cost for the review process. This includes defects as a result of incorrect operation or breakdowns not responsible by Fossy.
Fossy is not responsible for mistakes, breakdowns or damages as a result of improper means of operations or equipment.
Fossy is not liable for negligence. In particular Fossy is not liable for damages caused with e-mails sent by him carrying viruses without his fault.
§ 10 Liability for linked pages
Fossy emphasises in particular that he has no influence what so ever in regards to design and content of the linked pages. For that reason he distance himself explicitly from all content of the linked pages.
1 Place of Settlement
Place of settlement for all obligations and all parties is Fossy's place of residence, Beinsteinerstr. 51, 71394 Kernen.
§ 12 Joint selection of law
All contractual agreements are legally binding in accordance with applicable German laws.
§ 13 Final Regulations
If any provision of this agreement is held by a court to be unlawful, invalid, unenforceable or in conflict with any rule of law, statute, ordinance or regulation, the validity and enforceability of the remaining provisions are not affected.
