§ 1 - Contract contents
(1) Unless otherwise agreed, these GTCs will apply to any paid use of ChillGlobal services. The free use of ChillGlobal is not subject to these regulations, and may at any time be wholly or partly limited or adjusted.
(2) To be valid, user GTCs that deviate from these GTCs wholly or partially require the express written consent of ChillGlobal. Distribution in electronic form is excluded. These general terms and conditions shall apply even if ChillGlobal performs its services without reservation in the knowledge of conflicting user terms and conditions.
§ 2 - Scope of services
(1) ChillGlobal allows the user to use the proxies ChillGlobal provides. The user can thereby pseudonymise his numerical IP address over and against providers of telemedia, concealing his or her origins.
(2) ChillGlobal enables the user to download the necessary software modules for his or her use free of charge. The user has no right to have a compatible software module designed for his or her respective operating system and/or browser version. The user must therefore make sure before concluding a contract that he or she can utilize ChillGlobal services adequately with the available software modules. ChillGlobal reserves the right to discontinue the development of individual software modules completely or partially.
(3) The user has the right to use all available ChillGlobal proxies via the software modules. ChillGlobal promises a service availability of 95% on average for the relevant accounting period. Disturbances, closures, etc., that are outside the control of ChillGlobal are not included in this calculation; this also pertains to temporary or persistent failure of individual proxies, insofar as the user continues to have the ability to use other proxies. If individual providers of telemedia block ChillGlobal proxies entirely or partially from accessing their services, this constitutes neither a defect nor a deterioration of the availability of services from ChillGlobal.
(4) Every user has the right to use all the proxies provided by ChillGlobal. The provided bandwidth can be limited to ChillGlobal sites in order to enable usage by all users. ChillGlobal will favor access for paying users over free of charge users in capacity bottlenecks.
(5) It is prohibited for the user to use the services of ChillGlobal for illegal activities, in particular but not exclusively for carrying out technical attacks on computer systems (e.g., DDoS, defacement), or for sending unsolicited commercial messages (spam). Furthermore, the user will not use the services of ChillGlobal in a way that recognizably interferes with the operation of ChillGlobal. It is also prohibited to use the proxies of ChillGlobal other than via the provided software modules. ChillGlobal reserves the right to immediately terminate the respective user accounts given infringements of the provisions of this paragraph.
(6) The user is responsible for installing and setting up the provided software modules. For support, ChillGlobal offers a free help service via email and an online user forum.
§ 3 - User obligations
(1) The user warrants not to redistribute his user account access data to third parties. It is permitted for one user to use the same user account on multiple computers or with multiple browser instances.
(2) The user is strongly advised to immediately install updates for the software modules provided by ChillGlobal. ChillGlobal reserves the right to exclude users with outdated software modules from the use of the service, provided a legitimate interest in doing so is present.
§ 4 - Contract conclusion / End of contract
(1) The contract period depends on the rate the user has chosen.
(2) If the contract has been concluded for an indefinite period, or if an automatic extension of the contract period after the minimum contract period has been agreed upon, the user can terminate within a period of 2 weeks, unless otherwise agreed.
(3) The right to terminate in the event of a breach of contractual obligations shall not be affected.
§ 5 - Remuneration and payment
(1) The prices and terms of payment for the use of ChillGlobal depend on the rate the user has chosen.
(2) The user account may only be used after payment of the agreed price. Payment methods other than those offered must be expressly agreed upon between ChillGlobal and the customer.
(3) Offsetting is only permitted for the user given undisputed or legally valid counterclaims.
§ 6 - Warranty and limitation on liability
(1) ChillGlobal grants no warranty with respect to services and software.
(2) ChillGlobal is liable for all damages adequately caused due to the gross negligence or intent of ChillGlobal, its representatives, or agents.
(3) ChillGlobal shall be liable for slight negligence only given breaches of an essential contractual obligation (cardinal obligation). In such cases, the liability of ChillGlobal will be limited to the amount that was reasonably foreseeable for ChillGlobal upon conclusion of the contract. (4) ChillGlobal shall not be liable for:
a) damages resulting from the disclosure of the customer's identity or IP address.
b) the availability of individual proxies.
c) damages caused by defects in the provided software modules if the user did not carry out the updates as per § 3 para. 2, unless the damages also would have occurred with a current software version.
(6) ChillGlobal's liability for damages via injury to life, limb, or health caused by ChillGlobal or its agents shall remain unaffected.
(7) ChillGlobal is not responsible for third-party information that has been retrieved by the user via ChillGlobal proxies.
Notice on the right of revocation
You can cancel your contract in text form (e.g., letter, fax, email) within 14 days without giving reasons. The period begins upon receipt of this notification in writing, but not before conclusion of the contract, and also not before fulfillment of our information obligations as per Article 246 § 2 in connection with § 1 paragraph 1 and 2 EGBGB (Introductory Law to the German Civil Code) as well as our obligations under § 312g, paragraph 1 sentence 1 BGB (German Civil Code), in conjunction with Article 246 § 3 BGB. The timely dispatch of the notice of withdrawal is sufficient for compliance with the revocation period.
The revocation must be sent to: firstname.lastname@example.org
Consequences of revocation
In the case of an effective revocation, the mutually received goods and services must be returned and any benefits (e.g., interest, dividends) surrendered. If you cannot return the received service and usages (e.g., benefits of use) wholly or partially, or can only return them in a deteriorated condition, you must compensate us accordingly. This may mean that you must nevertheless fulfill the contractual payment obligations for the period up to the revocation. Obligations to reimburse payments must be fulfilled within 30 days. For you, the period begins when you send your revocation notice, and for us upon receipt of the same.
Your right of revocation expires prematurely if the contract has been fulfilled by both parties upon your explicit request before you have exercised your right of revocation.
Germany: Am Kamp 9, 58769 Nachrodt-Wiblingwerde
of district court of Iserlohn, GERMANY
Spain: Commercial Register of Barcelona, Calle Tuset 23, 08011 Barcelona, SPAIN
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