Standard Terms and Conditions for the JonDonym Service

§1 Scope and Subject terms

1. Unless otherwise agreed, these Standard Terms and Conditions shall apply to each contract for the use of the anonymisation service JonDonym (hereinafter referred to as “the Contract”) allocated and awarded by the Operator to the contractor (hereinafter referred to as the “Customer”).
2. The Operator expressly rejects the inclusion of any and all Standard Terms and Conditions of the Customer, unless the Operator has, pursuant to sec. 126 of the German Civil Code (“BGB”), formally confirmed them in written form. The written form may thereby neither be replaced by simple nor qualified electronic form. These Standard Terms and Conditions are exclusively valid even if the Operator performs its services unreserved in knowledge of conflicting Standard Terms and Conditions of the Customer.
3. No assignment, transfer or license of any Intellectual Property Rights of either party shall arise. The software for accessing the Operator’s Mixes is produced by the JonDos GmbH. Their terms of use are not part of the Operator’s Standard Terms and Conditions.
   

§2 Operator Benefits

1. The Operator provides the Customer the connection to so-called Mix server processes (short: Mixes) as a part of Mix Cascade services, which enable the Customer to use telemedia (e.g. websites) with a pseudonymous IP address.
2. The billing happens by the Customer transmitting and confirming virtual data volume according to the respective current and actual usage.

§3 Privacy

1. The Operator collects, processes and uses personal data without further acceptance by the Customer only as far as needed for the conclusion and handling of the Contract as well as for accounting reasons.
2. In particular, the Operator does neither store, nor forward to third parties, any of the Customer's IP addresses or any data transmitted for the purpose of anonymization.
   

§4 Customer Responsibilities

1. The Customer is obliged not to violate applicable law in his country by using the Mix servers of the Operator.
2. The Customer assures to use the Operator’s Mixes according to the intended protocol. This obligation is sufficiently met by using the program JonDo provided by the JonDos GmbH or by the TU Dresden.
   

§5 Term and Termination of Contract

1. The Contract is concluded sine die by using a Mix Cascade which contains at least one Mix of the Operator.
2. The Customer may terminate the Contract at any time with immediate effect.
3. Either party may terminate the Contract immediately by notice to the other party if the other party breaches or defaults in the performance of any material provision of the Contract and such breach or default is not cured within 7 days after notice thereof is received by the breaching party.
4. In case of cancellation, the Customer has to immediately refraim from using the Operator’s Mixes. The Operator, on his part, may block, or let block, respecively, the Customer’s access. The Operator may keep the payment for data volume already used by the Customer, that is for already received benefits. A claim for a refund does not exist, as the used benefit is already paid in the moment of usage.
   

§6 Prices and Payment

1. The Customer pays the respective amount of data transferred to and from his computer over the Mix. For this purpose, the Customer uses a settlement account with a pool of data volume.
2. On each connection to a Cascade, the Operator is entitled to settle 3 MByte from the user's settlement account as a flat connection fee.
   

§7 Liability

1. The Operator disclaims all guarantees related to service, products and software.
2. The Operator is liable for any damages adequate causally caused by gross negligence or wilful misconduct of his own, his legal representatives, employees or agents.
3. In case of damages caused by ordinary negligence, the Operator is only liable, if a fundamental contract obligation (cardinal obligation) has been breached. Cardinal obligations are duties of central importance for the Contract in a way that a violation of those deprives the other party of what he is entitled to expect under the Contract.  In such cases of ordinary negligence the Operator’s liability amount is limited to the damage that could have been reasonably foreseen by the Operator at the time of conclusion of the Contract.
4. Notwithstanding anything to the contrary contained in this Contract any liability of the Operator for damages which affect injury to life body or health, the breach of cardinal obligations caused by the Operator or one of his legal representatives, employees or agents, or duties of which the Operator has no control of, warranted characteristics or damages under the German Product Liability Act (“ProdHaftG”) shall remain unaffected hereby. 
5. In particular, the Operator is not liable for damages resulting from the disclosure of the Customer's identity or IP address, respective, or the outage of individual Mix servers, respectively, which the Operator did not cause by gross negligence or wilful misconduct. The Operator stresses that, in order to prevent the disclosure of the Customer's identity or IP address, respective, in addition to the use of JonDo further precautions at the Customer’s side are necessary, that is both a secure configuration of web browser, operating system and computer, and an abstinence to transmit personal data.
6. The Operator is not liable for damages resulting from loss or misuse of the Customer’s access data. In particular, the Operator is in this case not obliged to refund previously paid fees to the Customer.
   

§8 Venue / Applicable Law

1. Exclusive venue for all disputes arising from this Contract is, if the Customer is merchant, legal person governed by the public law, special property under public law or inland without place of jurisdiction, <venue>. Moreover, the Operator has the right to sue the Customer at his own venue.
2. The Contract between the Operator and the Customer shall be governed, construed and interpreted in accordance with the laws of the Federal Republic of Germany. The regulations of the United Nations convention on contracts for the sale of movable goods (CISG) shall be expressly excluded.

§9 Notice of Cancellation

1. You may cancel your declaration of contract within one month without giving reasons in textual form (e.g. by mail, fax, e-mail). The cancellation period shall commence at the earliest on receipt of this notice of cancellation. To meet the deadline it will suffice to send the notice of cancellation on time. The notice of cancellation has to be sent to
   IT Consulting Pimenidis
   Lessingst. 26
   50858 Cologne
   Germany
   E-Mail: jondos@pimenidis.org
   
2. In case of an effective cancellation, the benefits received on both sides have to be returned, and, if necessary, interest has to be released. If you cannot return to us the benefit received as a whole or partially, or in a declined condition only, you have to, if necessary, pay compensation for the value.
3. Your right of cancellation expires prematurely if you have utilised any Mix of the Operator upon your explicit approval before the end of the cancellation period, or if you have arranged this usage by yourself.

§10 Severability Clause