1. Scope
1.1 The following regulations apply to Internet services as well as to the provision of server capacity between YOU IS ME and its contract partners (hereinafter called "customer").
2. Establishing the Contract
2.1 The contract comes into effect through confirmation of the General Terms and Conditions of YOU IS ME.
3. Range of services
3.1 The range of services is determined by the current internet offer YOU IS ME has available at the time of order, in accordance with the level specified by the customer in the application and order forms submitted to YOU IS ME.
3.2 Any YOU IS ME voluntary and/or free services and or work carried out can be discontinued with advance notice at any time. A cancellation, reduction, refund or claim for damages does not result from this.
3.3 On payment of the bill the customer purchases the non-exclusive right to use the YOU IS ME-developed platform. This applies to all YOU IS ME offers and services unless specifically agreed otherwise.
3.4 The copyright for the platforms developed by YOU IS ME, remains the property of YOU IS ME. YOU IS ME has the right to use these platforms in conjunction with other projects. This applies in particular to software components and universal graphic elements (such as icons, photos, etc.). Products such as logos, drawings, etc. specially developed for the customer are explicitly exempt.
3.5. YOU IS ME is obliged to full confidentiality at all times. This confidentiality includes in particular trade secrets of the customer and business-related information jointly developed with the customer.
4. Duration / Cancellation
4.1 The duration of the contract begins with the presentation of a project, respectively, its registration.
4.2 The contract is valid for 12 months from registration according to 4.1. After 11 months, the customer receives a reminder e-mail and is free to decide whether the contract will be automatically extended for one year or not.
4.3 The right to exceptional termination for good reason remains unassailable. A good reason is a particularly serious or persistent breach of contract, such as false information. In the case of termination due to good reason, YOU IS ME has the right to block the use of YOU IS ME-services immediately and to deactivate the assigned Internet addresses (domains). YOU IS ME may also, in this case, immediately suspend and / or delete content and e-mail messages stored, without setting a grace period.
5. Terms of Payment / Reservation of proprietary rights
5.1 Upon receipt of the fee paid by the customer, YOU IS ME immediately provides services in accordance with the registration and order forms.
5.2 The fee for using the YOU IS ME services during the contractually agreed period is paid in advance. The billing for individual and regular costs takes place before the start of the agreed fixed contract period and in the case of a contract extension, before the start of the next contract period.
5.3 In the event of an exceptional termination of contract, any surplus moneys paid will not be refunded.
6. Duties of the customer / blocking services
6.1 The customer is responsible for all content produced or publicized by himself or a third party through his access code to YOU IS ME services, also in the case of third parties. It is true that a general monitoring or control of this content by YOU IS ME does not take place, but the right to do so is reserved.
6.2 YOU IS ME does not check the content of the customer as to whether third-party claims are justified or do not apply. Therefore the customer agrees to allow access to his content and the blocking of it should third-party claims be made credible and YOU IS ME is required to remove the content.
6.3 The Customer affirms that to his knowledge no infringement of the rights of third parties are caused through registration or connectivity to a domain. The Customer acknowledges that he is solely responsible for the choice of domain names. In the event of a third party contesting the domain name of the end-customer, then YOU IS ME reserves the right to block the domain name in question, pending judicial clarification of the issue.
6.4 The Customer guarantees that the content does not violate the law. In addition, the depositing of pornographic, extremist or immoral content contrary to the moral frame work of YOU IS ME services is prohibited. YOU IS ME has the right to immediately block and /or delete such content without notice. If the Customer continues to offend or despite warning continues to violate the conditions, YOU IS ME has the right to end the contract without notice and to take further legal steps.
6.5 The customer acquits YOU IS ME of all potential and actual claims of third parties arising from actual or alleged violation of the above responsibilities or other obligations against YOU IS ME.
6.6 YOU IS ME fundamentally reserves the right to block or prevent in individual cases where content could affect the normal operation or compromise the security of the server and its operation. This concerns in particular programs that are not provided by YOU IS ME. YOU IS ME also reserves the right to block the offerings of a Customer without further notice, if programmes used by the customer threaten the normal operation or the security of the server.
In particular, the use of the following without special permission is prohibited:
- IRC and IRC bots (e.g., eggdrop, BitchX)
- Dispatch of unsolicited bulk or junk email
- Content with pornography &/or glorification of violence or links to such sites
- Illegal deals of any kind, in particular also the distribution of "cracked" software
- Any kind of attack on the server integrity
- Chat Room scripts.
6.7 The customer is obliged to take security into account and to keep secret all access data and passwords, in order to prevent a breach of contract, or any direct or immediate use of services by third parties. The customer is liable to YOU IS ME for all costs, expenses and charges incurred by YOU IS ME resulting from the improper or unlawful use of services by the customer. Where data - regardless of type - has been stored on the YOU IS ME server, the customer makes his own backup copies. The YOU IS ME server is secured regularly. In the event of any data loss, the customer can transmit the relevant data again free of charge onto the YOU IS ME server.
6.8 The customer is required to report recognisable defects to YOU IS ME immediately and in writing. Failure to fulfill this duty of communication gives the customer no entitlement to any reduction and / or claims for compensation.
6.9 The customer is obliged to inform YOU IS ME immediately of any changes affecting the contractual relationship, in particular his name, his company, his residential, business, respectively billing address, his company’s legal status or his phone number.
7. Default and breach of duty by the customer
7.1 If the customer is in default with the payment of the fee, YOU IS ME is entitled to terminate the contract without notice and block the customer's access to YOU IS ME.
7.2 In addition, YOU IS ME is entitled to block the connection of the Customer without prior notice if the customer gives cause for an immediate termination of the contract, especially for legal violations, or threats to the installations or the business operation of YOU IS ME.
7.3 If the customer is in arrears in the execution of his duties and obligations or violates these intentionally, YOU IS ME can demand restitution for resulting damages, including any additional expenditure incurred. The assertion of further claims by YOU IS ME resulting from arrears of the customer, for whatever legal reason, remains unaffected.
8. Use by third parties
8.1 The Customer acknowledges that the entire content of the YOU IS ME website is the intellectual property of YOU IS ME, and that he will not use the content of the YOU IS ME - Website, nor parts thereof, copy or disclose it to third parties.
9. Registration, alteration, modification and termination of domains
9.1 Fundamentally YOU IS ME issues only non-binding information by telephone or via the Internet.
9.2 The data for registration are taken from the registration and order forms submitted by the customer. Any liability and guarantee for the data gathered from the above mentioned documents are excluded.
9.3 The customer agrees to report any change of supervisor, registration, amendment or cancellation of his domain to YOU IS ME immediately and to participate to the required degree by giving explanations where necessary.
10. Receiving and sending emails
10.1 The Client declares he is in agreement that YOU IS ME sends a reasonable amount of information by email to his email address.
10.2 Should YOU IS ME become aware that the customer is sending emails under his domain name illegally or transferring communications contrary to the generally accepted rules of Internet communication, YOU IS ME reserves the right to block the service temporarily or permanently. This applies also to "Postings" by advertisers or illegal messages in public newsgroups on the Internet. If for any one of these reasons YOU IS ME carries out a blocking, the customer still remains bound by his obligations to YOU IS ME.
11. Liability and damages
11.1 The customer is aware that, for all participants using the data transmission services of the Internet it is generally possible for unauthorized persons to obtain transmitted data. This risk is taken into consideration by the customer. YOU IS ME bears no liability for the correct functioning of infrastructure or transmission systems on the Internet which do not lie within the area for which YOU IS ME or its agents are responsible. The only exception to this rule is defined under paragraph 11.3.
11.2 YOU IS ME is only liable for damages caused by gross negligence or wilful misconduct by YOU IS ME, its legal representatives or any of its agents. The foregoing limitation of liability applies to contractual and non-contractual claims. In any case, the liability is limited to the contractually predictable damage and in any case the maximum amount does not exceed CHF 10'000.
11.3 In cases of force majeure YOU IS ME is exempt from any obligation for the duration of the interruption. Cases of force majeure include natural disasters, industrial action, interruption of power supply, government measures, disruption of telecommunication networks and gateways outside the control of YOU IS ME and similar circumstances, provided they are not caused by representatives of YOU IS ME.
11.3 In cases of force majeure YOU IS ME is exempt from any obligation for the duration of the interruption. Cases of force majeure include natural disasters, industrial action, interruption of power supply, government measures, disruption of telecommunication networks and gateways outside the control of YOU IS ME and similar circumstances, provided they are not caused by representatives of YOU IS ME.
12. Final Provisions
12.1 Personal data of customers are only collected, processed or used, within the scope the customer has consented or the collection is arranged or authorized by law.
12.2 YOU IS ME is free to make use of newer technologies, systems, procedures or standards other than originally offered for the provision of its services, which have become available due to technological progress and from which the customer derives no disadvantage.
12.3 The sale of individual business units of YOU IS ME or alteration to its legal form do not provide grounds for a special termination of contract.
12.4 The parties accept that the courts in Zurich are exclusively applicable for all disputes arising from the business relationship. The contractual relationships between YOU IS ME and the customer are subject exclusively to Swiss law.
12.5 Should one or more provisions of these terms and/or any additional contractual arrangements prove to be invalid or unenforceable, this does not affect the validity of the remaining provisions. The same applies for the case that the contract contains an omission.
12.6 Any Terms and Conditions deriving from the customer have no application and YOU IS ME expressly contradicts their integration and application to this contract.
12.7 Should any of the regulations in the description of services of the individual products from YOU IS ME deviate from these General Terms and Conditions, the description of services take precedence.
12.8 The customer confirms that he has received and recognised the General Terms & Conditions of YOU IS ME.
