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General Terms and Conditions
1.1. webpin.com is a service provided by
webpin.com GmbH (hereinafter referred to as “Service Provider”). By
registering with webpin.com as user, you (hereinafter referred to as
“webpin.com User”) accept these General Terms and Conditions
(hereinafter referred to as GTCs) pertaining to the use of
1.2. The services provided are
exclusively for persons who have reached the age of 14.
1.3. The Service Provider reserves the right to complement, extend,
change, discontinue or improve services offered, in particular where
such measures will improve the technological standard of the services
or are deemed necessary for preventing abuse. Such modifications may
lead to changes in the appearance of the webpin.com-Pages. The
Service Provider will only make such modifications if they are
reasonable and acceptable for the webpin.com User or if their
implementation is required by law. Furthermore, the Service Provider
may, with the consent of the webpin.com User, amend the contract with
the webpin.com User as well as these GTCs. Consent to the amendment
shall be deemed as given if the webpin.com User does not object to
the amendments within one month after receipt of the amendment
notice. In the amendment notice the Service Provider will inform the
webpin.com User of the consequences of his failing to lodge an
objection. 2. Object of the
contract, amendment of the contract
provides an online service allowing webpin.com Users to create their
own Website (referred as webpin.com-Pages). The services allow Users
to adaptthe design of their own webpin.com.Page and to create and
manage the site’s content. webpin.com offers two different versions
of this service: (a) a free-of-charge webpin.com-Page (referred to
below as "webpin.com Free" and (b) a more comprehensive
webpin.com-Page which is subject to a fee (referred to below as
"webpin.com Pro"). For an updated specification of services of
webpin.com Free and webpin.com Pro please visit here.
2.2. All services provided by the Service Provider free of charge may
be discontinued at any time. In such a case the User will not be
entitled to claim the continuation of this type of service.
2.3. In case the webpin.com Free User fails to log on his
webpin.com-Page within 180 days, the Service Provider may delete the
webpin.com-Page and its contents permanently and block all access to
webpin.com by the User.
2.4. webpin.com Free-Pages
contain advertisements. The webpin.com User is not entitled to remove
or conceal any advertisements.
webpin.com-Pages of webpin.com Free Users are published under a
sub-domain (e.g. www.username.webpin.com). webpin.com Free Users are
not entitled to redirect an externally hosted domain to their
webpin.com-Page or to display the webpin.com-Page on an external
Website (e.g. integration via frame or Iframe).
The Service Provider reserves the right to make use of the services
of third parties in performing services. 3.
3.1. The webpin.com User confirms that
all the personal data provided is true and complete. The webpin.com
User hereby agrees to the recording and electronic storage of his
data by the Service Provider. The Service Provider will not transfer
the data to third parties unless the webpin.com User expressly agrees
to this. The webpin.com User undertakes to keep the personal data
updated. In order to prevent abuse by unauthorized third parties, the
webpin.com User is under an obligation to keep the login data
confidential. 4. Duration and
termination of the contract, discontinuation of services, refund of
fees paid in advance
4.1. webpin.com Free contracts
may be terminated by the User online at any time and without stating
any reasons for doing so. When terminating the contract, the
registered username and the e-mail address must be stated.
4.2. Unless stated otherwise in the relevant specification of
service, the duration of the webpin.com Pro contract is twelve months
and will be renewed for the same period of time unless the User
terminates the contract online one month prior to expiration of the
contractual period. When terminating the contract the User is
required to state the registered user name, the webpin.com User’s
e-mail address and the date of termination. The Service Provider may
terminate the webpin.com Pro contract with the User unilaterally and
without stating reasons by giving at least one months’ notice. In
such a case the Service Provider will refund any fees paid by the
User in advance on a pro rata basis. The Service Provider reserves
the right to terminate the contract without notice in case the
webpin.com User fails to fulfill his contractual obligations (see
section 5). Further, a breach of contractual duties may lead to civil
or criminal action. In such a case any fees paid in advance on a pro
rata basis will not be refunded. The Service Provider further
reserves the right to remove the webpin.com-Page and block access to
webpin.com Pro by the User in case fees are not paid. In such a case
the Service Provider will inform the webpin.com Pro User accordingly.
4.3. Termination of optional services in addition to
webpin.com Pro will not affect the overall contractual relationship.
4.4 Webpin will register all the domain names
requested by the CLIENT except if there is any technical difficulty
that makes this impossible. In which case, to give more speed to the
domain name registration process, Webpin will register all the domain
names requested on behalf of Webpin or any other name assigned by
Webpin; can be transferred in due course in favor to the CLIENT, at
his request through email with which he will manage his page.
Who bought a domain in Mex. Tl and want to change to another company
this change will cost $ 200.00 (TWO HUNDRED PESOS 00/100 MN) for
technical and administrative work.
4.5. Upon termination of the contractual relationship the
Service Provider will have no obligation to perform contractually
agreed services. Accordingly, the Provider may delete any of the
webpin.com User’s data on the server, including e-mails in the User’s
mailboxes. Transferring the data related to the User’s
webpin.com-Page to the server of a third-party provider will not be
possible. It is therefore the webpin.com User’s own responsibility to
store and back up the data in due time. In addition, the Service
Provider may, upon termination of the contract, have any of the
webpin.com User’s domains which have not been transferred to a new
provider deleted by the relevant organization for allocation of
domain names (“CLOSE”). 5. General
obligations of the webpin.com User
5.1. The User is
responsible for any contents provided or stored by him on his
webpin.com-Page. The Service Provider is under no obligation to
inspect the webpin.com-Pages of the webpin.com Users with regard to
violations of law.
5.2. The User undertakes not to
take any actions that may infringe or violate the rights of third
parties (including their personality rights) when using the
5.3. The User undertakes not to
provide any contents which are legally prohibited or contra bonos
mores (in particular pornographic, racist, xenophobic, extremist or
any other reprehensible contents) or may infringe the rights of third
parties (in particular trademarks, rights to bear a name and
copyrights). Moreover, the webpin.com User undertakes not to use his
webpin.com-Page for the purposes of spamming.
The webpin.com User undertakes not to create direct links from other
Web sites to downloads on his webpin.com-Page.
The webpin.com User undertakes to observe all legal requirements
pertaining to the provision of provider details or any equivalent
legislation in the country of use.
webpin.com User is under an obligation to regularly back up all data
files and software settings to which he has access. In all cases the
webpin.com User is required to take appropriate data backup measures
before making changes to his webpin.com-Page and, provided that the
Service Provider has notified the User in due time, before
maintenance work is carried out by the Service Provider. Under no
circumstances must backup copies be saved on webpin.com’s Server.
5.7. The webpin.com User is prohibited from sending large
numbers of e-mails with the same content without the consent of the
recipients (so-called spams) via systems or servers of the Service
5.8. The webpin.com User will use the
designs provided by webpin.com exclusively for his webpin.com-Page.
The webpin.com User is expressly prohibited from storing the
webpin.com-Page and transferring it to and using it on an external
server. 6. Impairment of performance
6.1. The Service Provider will endeavor to ensure
that the services are available and function properly at all times.
The User acknowledges, however, that for technical reasons as well as
due to the Service Provider’s dependence on external factors—e.g.
telecommunications networks—the uninterrupted availability of the
webpin.com-Pages cannot be guaranteed. The webpin.com User can
therefore not claim permanent access to the webpin.com-Pages. Access
restrictions of only a temporary nature shall not constitute grounds
for warranty claims nor a right to extraordinary termination. In
addition to the possible access restrictions due to circumstances
beyond the Service Provider’s control, the Service Provider also
reserves the right to impose temporal and/or complete access
restrictions, particularly where the webpin.com-Page is temporarily
disabled for the purpose of installing technical improvements or
eliminating errors and defects, etc. The Service Provider reserves
the right to temporarily block access to webpin.com for the purpose
of installing technical improvements.
6.2. In order
to ensure the proper operability of the webpin.com-Page’s alteration
function, a number of system requirements are required. A list of
these requirements is here available. Any liability on the part of
the Service Provider for disruptions caused by different system
configurations is excluded. 7.
7.1. Any liability on the part of the
Service Provider for loss of data by the User or for unauthorized
access to personal user data by third-parties (e.g. hackers) is
7.2. The Service Provider also cannot be
held liable for misuse by third parties of data and information made
available to them by the Users themselves.
Service Provider shall not be liable for any activities of or
contents posted by the Users.
7.4. The Service
Provider cannot be held liable for damages arising from malfunction
of the webpin.com systems.
7.5. Any liability on the
part of the Service Provider or affiliated providers will be limited
to the equivalent amount of a yearly user fee. 8.
8.1. The Service Provider will
collect, process and use personal data concerning the webpin.com
Users. For further information regarding the Service Provider’s data
processing and data protection policies, visit our privacy statement.
8.2. The webpin.com User is aware of the fact that
from a technical point of view the Service Provider is able to view
any of the data saved on the webpin.com server and that there is a
theoretical possibility that the webpin.com User’s data may be
accessed by unauthorized third-parties when transmitting the data
over the Internet. 9. Final
9.1. These GTCs and the contract shall be
governed by the laws of the Republic of Mexico. This shall also apply
in case the User registers from another country. The place of
jurisdiction is the location of the Service Provider’s registered