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Acceptable Use Policy (AUP)

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<strong>Acceptable</strong> <strong>Use</strong> <strong>Policy</strong> (<strong>AUP</strong>)<br />

General terms of use of Internet services provided by Deutsche Telekom<br />

By providing a network and offering web hosting as well as Internet services, Deutsche Telekom AG (hereinafter<br />

“Deutsche Telekom”), Friedrich-Ebert-Allee 140, 53113 Bonn (Amtsgericht Bonn HRB 6794) offers the technical means to<br />

distribute and obtain public, private, commercial and non-commercial information (hereinafter "IP Services"). In order to<br />

avoid damage caused by the misuse of the IP services offered, e.g. spam e-mail (a large amount of unsolicited advertising<br />

messages generally containing falsified sender information), to Deutsche Telekom, its customers and its customers'<br />

customers as well as affiliated providers and other users and to ensure the usability of the services offered, Deutsche<br />

Telekom has drawn up this <strong>Acceptable</strong> <strong>Use</strong> <strong>Policy</strong> (hereinafter "<strong>AUP</strong>").<br />

The <strong>AUP</strong> is directed at all users using the IP Services offered by Deutsche Telekom (hereinafter "<strong>Use</strong>rs").<br />

Deutsche Telekom reserves the right to amend this <strong>AUP</strong> at any time without prior notice, effective upon posting such<br />

changes at www.t-online.de/postmaster/aup-engl.pdf.<br />

I. <strong>Use</strong>r obligations<br />

1. The <strong>Use</strong>r acknowledges that it is aware of the possibility that the content and information it disseminates may have a<br />

negative impact on the reputation and business of Deutsche Telekom and its customers. Accordingly, the <strong>Use</strong>r is under a<br />

strict obligation to observe the terms of use set forth in this <strong>AUP</strong> without any restrictions and not to misuse the services<br />

offered by Deutsche Telekom. The <strong>Use</strong>r must notably comply with the following obligations:<br />

1.a The <strong>Use</strong>r shall refrain from any behaviour or conduct of business that is deceptive, misleading or contrary to good<br />

faith. The <strong>Use</strong>r shall not use the IP Services provided by Deutsche Telekom to commit or assist, or attempt to commit or<br />

assist, in any criminal acts.<br />

1.b No unsolicited information, material or other services may be sent, e.g. advertising by e-mail, fax, telephone or SMS<br />

which was neither wanted nor requested.<br />

1.c The <strong>Use</strong>r is prohibited from harassing a human being by persistently attempting to make contact with him/her by<br />

means of telecommunication thus seriously impairing his/her way of life.<br />

1.d No information with content that is illegal or against good morals may be transmitted or posted on the Internet. This in<br />

particular includes information serving to incite hatred and violence against persons or groups on the basis of their race or<br />

ethnicity, encouraging or inducing criminal offences by disseminating or providing instructions or glorifying or<br />

downplaying violence, as well as such information which is sexually offensive, pornographic, conducive to posing a<br />

significant moral threat to children and adolescents or impairing their well-being or could have a negative reputation on<br />

the image of Deutsche Telekom.<br />

1.e The <strong>Use</strong>r will ensure that the <strong>Use</strong>r's use of individual functionalities provided by Deutsche Telekom and notably the<br />

<strong>Use</strong>r's posting or sending of messages will not interfere with Deutsche Telekom, other providers or (any) other third parties<br />

in any manner.<br />

1.f No connections may be established which result in payment or other consideration from a third party to the customer.<br />

1.g National and international laws regarding copyright, trademarks, patent, names and labels as well as other intellectual<br />

property rights or personality rights of third parties must be observed.<br />

2. The <strong>Use</strong>r must comply with the Internet standards referred to as "Requests for Comment" (RFC) of the ISOC (Internet<br />

Society) and any applicable "Memoranda of Understanding" of the ITU (International Telecommunication Union).<br />

3. The <strong>Use</strong>r must implement appropriate measures to prevent wrongful access to its systems which are connected to the<br />

Deutsche Telekom network preventing use enabled thereby. Appropriate measures are to be taken to prevent the<br />

automated exploitation of these systems, e.g. their integration in so-called botnets. This includes promptly applying<br />

security patches for operating systems and applications. If the <strong>Use</strong>r is aware that its system has been compromised, it<br />

must immediately remove any existing malware or disconnect its systems from the Deutsche Telekom network.<br />

4. Personal access data (such as user IDs and passwords) provided to the <strong>Use</strong>r by Deutsche Telekom may not be<br />

disclosed to third parties and must be stored in a secure place so as to protect them from and against third-party access.<br />

Deutsche Telekom AG, last revision: March 18.2009 1


<strong>Acceptable</strong> <strong>Use</strong> <strong>Policy</strong> (<strong>AUP</strong>)<br />

Such data should be changed upon first use and in regular intervals for security reasons. The <strong>Use</strong>r shall change access<br />

data suspected of being disclosed to unauthorised parties without undue delay. Such data must be encoded if stored on<br />

electronic data storage devices (e.g. PC, USB flash drive and CD-ROM). The <strong>Use</strong>r bears all costs arising from the use<br />

and/or misuse of Deutsche Telekom services by third parties if and to the extent it is responsible for such use and/or<br />

misuse.<br />

5. Unauthorised monitoring or analysing of third-party network traffic as well as preparing such measures is prohibited.<br />

6. The unauthorised gathering, consolidation and analysis of personal data is prohibited. The collection of personal<br />

information on third parties, e.g. user IDs, bank details, credit card numbers, transaction data, addresses or other contact<br />

information, without their knowledge and/or consent or the attempt to gather, collect, store and publish such data is<br />

prohibited in particular.<br />

7. It is prohibited to maintain unconfirmed mailing lists without the explicit and verifiable consent of the owners of the email<br />

addresses contained therein. The respective confirmation message from such e-mail addresses must be kept for the<br />

duration of the existence of the mailing list.<br />

8. Excessive multi-posting or cross-posting, i.e. sending the same or almost the same messages in large numbers to one<br />

or several <strong>Use</strong>net newsgroups or other forums is prohibited. Deliberately jeopardising the infrastructure by provoking<br />

network attacks or publishing any content causing an excessively high level of network traffic or system utilisation or<br />

posing a potential risk to the security of the Deutsche Telekom network or systems is prohibited.<br />

9. The use of AS numbers as well as the allocation of IP addresses and/or IP address blocks without the consent of the<br />

competent registrar is prohibited.<br />

10. It is prohibited to promote, transmit or provide in any other manner a software, program, product or service that was<br />

developed to directly violate this <strong>AUP</strong> or the terms of other Internet service providers or facilitate the violation thereof. This<br />

notably includes means which enable the realisation of any form of denial-of-service attacks (e.g. a large number of<br />

unsolicited e-mails, flooding, mail bombing) and malware (e.g. Trojan horses, computer viruses and worms) and tools to<br />

create them. Operating or hosting open relays/proxies/routers as well as anonymizers and similar services is also<br />

prohibited.<br />

11. To the extent that the <strong>Use</strong>r permissibly provides a third party with the services provided by Deutsche Telekom, it must<br />

inform the third party of the <strong>AUP</strong> and ensure that the latter complies with it.<br />

II. Reporting misuse of the IP services and/or a violation of the <strong>AUP</strong><br />

Please send notifications of misuse of the IP Services and/or a violation of the <strong>AUP</strong> to Deutsche Telekom at the following<br />

e-mail address: abuse@t-online.de. The respective e-mail should contain a report of the misuse and be accompanied by<br />

the known details (e.g. URLs, copies of e-mails, etc.). Persons or organisations reporting incidences of misuse should<br />

provide their names and sufficient contact details (including e-mail address, telephone and fax numbers).<br />

III. Consequences of violation of the <strong>AUP</strong><br />

In the event of a violation of the <strong>AUP</strong> by the <strong>Use</strong>r or third parties who use the services with the <strong>Use</strong>r's consent or the<br />

reasonable and significant suspicion thereof, Deutsche Telekom reserves the right to block access to particular services at<br />

the expense of the customer or to take any other action to stop the misuse of the IP Services or violation of the <strong>AUP</strong>.<br />

IV. Indemnification<br />

Deutsche Telekom and its vicarious agents are to be indemnified from and against any and all third-party claims that are<br />

based on the <strong>Use</strong>r's illegal use of the services provided by Deutsche Telekom or such use taking place with the <strong>Use</strong>r's<br />

consent or which in particular arise out of data protection, copyright or other legal disputes relating to the use of the<br />

services provided. The <strong>Use</strong>r is obliged to notify Deutsche Telekom without undue delay if it is or should be aware that such<br />

violation is imminent.<br />

V. Contact information<br />

If you have questions or comments about this policy, please e-mail to abuse@t-online.de.<br />

Deutsche Telekom AG, last revision: March 18.2009 2

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