§ 1 Scope and changes to these rules I. These rules ("Terms of Use") regulate the user relationship established between the member and iBesucher Domain, PUBLOWORLD LTD, 132-134 Great Ancoats Street, Unit 620, M4 6DE Manchester, United Kingdom (hereinafter referred to as "iBesucher") with regard to the free services offered by iBesucher in connection with the visitor exchange service ibesucher.com. II. Insofar as iBesucher provides paid services to members as part of a VIP membership, these Terms of Use apply accordingly. Special features for VIP memberships are indicated separately. III. Separate conditions apply to paid services that iBesucher offers on ibesucher.com as its own services for sponsors. These Terms of Use do not apply to such services. IV. iBesucher reserves the right to change these Terms of Use. iBesucher informs the member of changes by giving them a notice of the new conditions before they can access their account or the surf bar and by allowing them to access the conditions immediately ("change notification"). If the member does not agree with the changes, they can terminate the user relationship without notice within one month of the change notification. iBesucher informs the member of this right of termination in the change notification. V. Differing general terms and conditions of the member do not apply. They do not apply even if iBesucher does not expressly object to them. § 2 User relationship The contract for the use of auto-surf.de that forms the basis of the user relationship is concluded when the member registers online. Confirmation of registration by iBesucher is not required. The member may register multiple times on the condition that they do not advertise themselves and thus gain additional credits for the original account through the advertised account. § 3 Free services from iBesucher I. After membership has been established (§ 2), the member can use the surf bar free of charge via a URL provided by iBesucher. For using the surf bar, the member is credited with credits, which the member can use to display one or more websites in the surf bar. II. In the members area, the member can enter one or more websites to be displayed in the surf bar via URL management. The websites are checked by iBesucher and only released for display after acceptance by iBesucher. III. iBesucher provides the member with a link via which the member can recruit new members. The recruiting member receives additional credits for the use of the surf bar by recruited members. § 3a Paid services from AOM Software as part of a VIP membership I. The member can order a VIP membership for a certain period of time (either when registering or later in the members area). II. As a VIP member, the member receives increased remuneration and/or other benefits in various places. The special benefits of VIP membership are specifically mentioned. III. During the term of the booked VIP membership, the special benefits of iBesucher cannot be withdrawn unilaterally. IV. The member can cancel the order of a VIP membership at any time within 14 days of the conclusion of the contract without giving reasons in writing or by email (§ 312 d I BGB). The right of cancellation is excluded as soon as the member has arranged the service via his account (§ 312 d III, 2nd Alt.). V. The member assures (when ordering a VIP membership), provided he has not yet turned 18, that he has received the consent of his legal guardian for the conclusion of the contract. § 4 Obligations of the member I. The member will answer the information requested during online registration truthfully and will immediately inform iBesucher of any changes to this information. A corresponding form is available to the member in the member area for this notification (profile). II. The member will keep his password and other data secret that allows unauthorized access via his account and will change them immediately or have them changed by iBesucher if there is reason to suspect that unauthorized third parties have gained knowledge of this information. III. The member undertakes to only enter permitted websites (§§ 5, 5a, 5b) in the URL management (§ 3 II). If the member subsequently changes the page in such a way that it would no longer be accepted if it were resubmitted for acceptance, the member undertakes to delete the page in the URL management (§ 3 II). The page can then be re-entered under a different label (§ 5a III, 5b III). IV. The member undertakes not to load the surf bar automatically in other frames, iframes or similar. The member will only use the surf bar via the link provided or via other software provided by iBesucher. V. When recruiting new members, the member is prohibited from spamming (e.g. unsolicited advertising in the form of emails, telegrams, entries in newsgroups, forums, guest books, etc.). Integrating the advertising link into automatic systems such as other visitor exchange systems is not permitted. VI. The member agrees to be informed at irregular intervals about server outages, new features, bug fixes and other news by email. § 5 Permitted websites I. Page content - Pages that violate German law are not permitted, especially those whose content consists of child pornography, racism, warez, etc. Furthermore, pages are not permitted whose content focuses on eroticism and sex (sex and erotic pages) - for an exception to this, see § 5b, or whose sole content consists of a list of banners (pure banner pages). II. Scripts - No scripts may be used on the pages that disrupt normal surfing behavior. This includes in particular scripts that put the current page in the foreground every second, that open additional windows (pop-ups) when the page is opened, closed or simply left on - for an exception to this, see § 5a, that break the page out of the frame in the surf bar and expand to cover the entire page (frame breaker), and that cause 100% processor utilization on an average computer (e.g. through scrolling text in the status bar). III. Paid homepages etc. - Member pages of paid homepages etc. may not be registered if this violates the terms and conditions of these providers. If such violations are identified by iBesucher, this will be forwarded by iBesucher to the respective provider. IV. The criteria listed in paragraphs I - III are not exhaustive. iBesucher expressly reserves the right to reject pages without giving reasons. There is no right to acceptance of the websites by iBesucher. V. By entering the website, the member confirms that he or she is entitled to advertise the page on ibesucher.com. iBesucher expressly reserves the right to claim damages if iBesucher is held liable for displaying a website. § 5a Pages with pop-up I. In exception to § 5 II, pages are also permitted if another window (in numbers: 1) opens when opening, closing or simply staying on the page. II. This exception only applies under the restriction that the additional window that is opened meets the requirements of § 5. However, the exception of § 5a does not apply to this additional window, so no further windows may open on this page. III. This exception only applies under the further restriction that the page is marked accordingly in the URL management (§ 3 II). IV. If at least one page with a pop-up is entered in an account, then "Show pages with pop-up" is automatically activated in the profile. This point can only be deactivated again when there is no longer a page with a pop-up in the URL management (§ 3 II). V. Popups from these providers are not permitted: http://www.pay4traffic.de (popups with dialer) - 100 credits deducted in case of violation http://www.Moneytraffic.de (automatic dialer) - 100 credits deducted in case of violation http://www.Sponsortraffic.de (automatic dialer) - 100 credits deducted in case of violation http://www.mastersponsor.de (automatic dialer) - 100 credits deducted in case of violation http://www.pay4ad.de (automatic dialer) - 100 credits deducted in case of violation http://cashspeed.de (automatic dialer) - 100 credits deducted for violation § 5b Pages with erotic banners I. As an exception to § 5 I, pages are also permitted if there are erotic banners on the pages. II. This exception only applies under the restriction that the erotic banners are not the focus of the page and that the banners are FSK 18. III. This exception only applies under the further restriction that the page is marked accordingly in the URL management (§ 3 II). IV. If at least one page with an erotic banner is entered in an account, then "Show pages with erotic banners" is automatically activated in the profile. This point can only be deactivated again when there are no more pages with a pop-up in the URL management (§ 3 II). § 5c Klick4Credits and paid mails §§ 5, 5a and 5b apply accordingly to Klick4Credits and paid mails. § 6 Violations of the criteria for permissible websites (§§ 5, 5a, 5b) I. If a page is changed after acceptance by iBesucher in such a way that the page would no longer be accepted if it were resubmitted for acceptance (violation of the rules), iBesucher has the right to delete the website from the member's account or to block the entire account. In addition, credits can be deducted from the member for the violation of the rules. II. In the event of deletion or blocking, the member will be informed of this and the reason by email. III. If such a violation of the rules is noticed by another member, this member can report the violation to iBesucher via a link in the surf bar and can receive bonus credits for this, provided the violation of the rules can be proven. § 7 Responsibility for content I. Insofar as iBesucher provides the member with access to the use of the Internet, the content transmitted is not subject to any review by AOM Software, in particular not as to whether it contains harmful software (e.g. viruses). II. The member is obliged to provide services that it makes available for use or to which it provides access with a provider identification in accordance with Section 6 of the Teleservices Act (TDG) or Section 6 of the Interstate Media Services Treaty (MDStV). III. Insofar as contractual relationships are established with regard to the use of offers from other providers to which iBesucher provides access via iBesucher.com, this occurs exclusively between the other provider and the member. iBesucher assumes no liability for the fulfillment of the corresponding contractual obligations. IV. iBesucher assumes no liability for the content of member pages and sponsor pages. iBesucher expressly distances itself from all content and links on these pages. § 8 Data protection I. iBesucher and the member will comply with the relevant data protection regulations, in particular the Telemedia Act (TMG) and the Federal Data Protection Act (BDSG). II. The member agrees that iBesucher stores his personal data electronically. The data will be treated in accordance with the provisions of the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG). The data will not be passed on to third parties. Personal data is information that can be used to determine an identity, such as name or email address. § 9 Warranty and liability I. iBesucher does not guarantee that the services mentioned in §§ 3 and 3a are accessible and error-free at all times. This applies in particular if access to these services and auto-surf.de is prevented by disruptions that are outside the operational sphere of iBesucher. However, iBesucher will immediately eliminate disruptions to the services mentioned in §§ 3 and 3a within the scope of technical and operational possibilities. II. iBesucher is not liable for material damage or financial losses if these were caused by iBesucher, a legal representative or vicarious agent through simple negligence. III. iBesucher draws the member's attention to the fact that using the surf bar can lead to an increased traffic volume, which can result in additional costs depending on the provider. iBesucher is not liable for these costs. IV. iBesucher reserves the right to discontinue iBesucher.com at any time without giving reasons. If VIP memberships are still ongoing, the costs of the VIP membership will be reimbursed pro rata in such a case. § 10 Termination, deletion of the account I. The user relationship begins with the completion of registration and runs for an indefinite period. It can be terminated by the member or by iBesucher at any time without notice. II. The user relationship can only be terminated by the member using the form on the login page to the member area. iBesucher can terminate the user relationship by email. III. If the member does not use the surf bar using their user name for more than 90 days, the user relationship can be terminated by iBesucher without giving any further reasons and the account can be deleted. IV. If iBesucher or the member terminates the membership, the account and all of the member's stored data will be deleted. Any credit will expire and will not be paid out. There is no legal entitlement. V. In the case of a valid VIP membership, iBesucher may terminate the membership, contrary to paragraphs I and III, only upon expiry of the VIP membership, provided that the member has not significantly violated these terms of use. In the event of a significant violation of these terms of use or early termination by the member, no pro rata reimbursement of the costs for an ongoing VIP membership will be made. § 11 Final provisions The law of England applies. If one or more of these rules are inadmissible, this does not affect the validity of the remaining rules. As of: July 2024