General terms and conditions of business for myON-ID Media GmbH (Date: 29 January 2008)

1. General:

These general terms and conditions of business apply to the use of the services of myON-ID Media GmbH, Maarweg 149-161, 50825 Cologne, especially the identity and reputation management services (“Services”) offered by myON-ID on the internet. The contract comes into effect when the user registers with myON-ID and is then activated based on the terms set out in a confirmation e-mail sent by myON-ID.

2. Services from myON-ID

2.1 For registered users, myON-ID provides services in accordance with the current description of services on the myON-ID website.

2.2 myON-ID is entitled to change or discontinue services at its own discretion at any time.

2.3 myON-ID reserves the right to block or delete content distributed by the user while using the service at any time and without notification.

2.4 myON-ID explicitly forbids third parties from using the services and the website of myON-ID using scripts, robots, crawlers and similar software to automatically read information – even if these third parties are not registered on myON-ID.

3. User obligations

3.1 The use of the services is exclusively approved for natural persons for private and/or professional purposes. Use for commercial purposes and resale of the services is not permitted.

3.2 The user is obliged to use the services exclusively in accordance with these general terms and conditions of business and in accordance with the relevant applicable statutory regulations.

The user is most specifically obliged


3.3 The user is responsible for all content which he uses the services to distribute.

4. Liability, guarantee, release

4.1 myON-ID is not liable for damages suffered by users as the result of the conduct of other users of the services or the conduct of third parties who are not the vicarious agents or performance assistants of myON-ID.

4.2 myON-ID is not liable for the content made available and distributed by users or for the accuracy, completeness or relevance of search results.

4.3 With respect to non-chargeable services, myON-ID provides no guarantee that these are available to the user at any time without interruption or disruption or that using the services will actually achieve the specific result required by the user. Where myON-ID provides chargeable services, these can be temporarily unavailable if third parties do not provide the services required (e.g. access to servers, internet connection). Claims for damages as a result of poor availability of the services are excluded.

4.4 In the event of minor or simple negligence, myON-ID is only liable in the event that a major contractual obligation is violated and the level of compensation is limited to the typical damage which can be predicted in line with the contract. Liability in the event of death, physical injury or ill health remains unaffected.

4.5 The user shall exempt myON-ID from all claims from third parties asserted against myON-ID as a result of an actual or alleged violation of their rights because of the conduct of the user. In this case, exemption also covers reasonable costs for myON-ID’s legal defence.

5. Term; termination

5.1 The contract between the user and myON-ID is for an indefinite term. Both the user and myON-ID can terminate this contract relating to non-chargeable services in writing (including in electronic form) at any time without specifying a reason. The termination is effective on receipt. The user has the option of deleting his profile. Deletion of the profile by the user is deemed as termination of the contract.

5.2 Chargeable services can be terminated by either party in writing (including electronic form); the termination is then effective as at the end of the period for which the user has already paid in advance. myON-ID’s rights in accordance with point 4.2 remain unaffected.

5.3 This shall not affect either party’s right to termination for an important reason.

6. Contract amendment

6.1 myON-ID is entitled to change these general terms and conditions of business with future effect at its own discretion at any time.

6.2 The user can object to contractual changes within a period of 4 weeks after appropriate notification being received from myON-ID. The objection can be in writing (including in electronic form). If the user objects to the change within the specified period, the contractual relationship continues unchanged, however myON-ID shall have the right to terminate the contractual relationship without notice. In this case, chargeable services shall continue to be provided for the period already paid for in advance. If the user does not object in time, the changes become effective with retrospective effect dated back to the date that notice of the change was received.

7. Data protection

7.1 myON-ID complies with all applicable data protection regulations. In particular, myON-ID shall only gather, utilise and process the user’s personal data during the term of the contract and, in the absence of explicit consent, only for the purposes of the contract.

7.2 The information provided by the user in his profile is fundamentally visible to third parties. Specific data, such as e-mail address, place and date of birth and address, can be marked by the user as “private”. This data is not then visible to third parties. However, this data can be used within searches by third parties to bring up relevant profiles.

7.3 The user can view, amend or delete the information he provides. However, it may be possible that this data can still be found and viewed through third-party services, e.g. Google or other search engines. This is possible if, for example, these third party services have cached myON-ID pages or these pages are accessed via the cache. In this respect, myON-ID can provide no guarantee that data is no longer accessible after it is change or deleted from myON-ID.

7.4 myON-ID is authorised to send the user information at the e-mail address he has specified. The user’s personal data will not be passed on to third parties. The user also has the right to object to myON-ID sending information at any time.

7.5 Further information on data protection can be found in myON-ID’s privacy policy.

8. Special terms for chargeable services

8.1 The user shall pay myON-ID for chargeable services the amount specified by myON-ID in advance for the period of usage specified by myON-ID. myON-ID can change the payment at any time with future effect.

8.2 If myON-ID discontinues a chargeable service prior to the end of the usage periods specified by myON-ID, myON-ID shall reimburse the user for any payment received in advance on a pro rata basis.

8.3 All prices given by myON-ID are inclusive of any applicable value added tax.

9. General:

9.1 If individual terms of these general terms and conditions of business are or become invalid, this shall not affect the validity of the remaining terms. The contracting parties are obliged to replace the invalid clause with an effective clause, the content of which comes as close as possible to the original economic sense and purpose of the invalid clause. This shall apply to loopholes in the contract.

9.2 German law applies, with the exclusion of international private law and UN Convention On Contracts For The International Sale Of Goods (CISG).