Terms of service
As a general regulation it is agreed that all services provided by hPage.com - including the website - shall be free of charge.
1. General Information
1.1 The ASNetworks GmbH company, with Andreas Schroth as managing director (hereafter referred to as hPage.com), offers the user a free website and other services, subject exclusively to the following terms of service. The user must accept hPage.com's terms of service upon registration.
1.2 The user is held responsible for all user generated content on the free website and application of other provided services. It is prohibited to include any racist, extreme right- or left-wing, pornographic, erotic or otherwise illegal content. Furthermore, paid4 contents are not permitted.
1.3 If the website is used commercially or legal information is otherwise required, the user must include a legal notice on the website autonomously. In this case, the following information must be provided: name, address and an option for prompt contact (e-mail address or telephone number) in case of emergencies. Sites with commercial self-serving banner ads are included in this category and must provide a legal notice as well.
1.4 Any legal claims for the availability of hPage.com are barred. hPage.com can not be held liable for any material or immaterial damages caused by using its services. The exemption from liability persists, even if the website has been expanded by collecting or buying points.
1.5 hPage.com has no influence on the design or content of its user's sites. Thus, hPage.com can not be held responsible for the punctuality, accuracy, completeness, legality or quality of the information provided. On this account, hPage.com strongly disassociates from the contents of these sites. In case of illegal, incorrect or incomplete content and especially in regards to damages resulting from the use of such information, the author of the site containing that information is liable, not the person providing the link. For the usage of external contents provided by the company, hPage.com is accountable only if explicitly aware of these matters and if it is deemed technically possible and reasonable to prevent the use thereof (§ 11 II TDG, German Teleservices Act).
1.6 Each user may create any quantity of free websites. If a user has more than one website, these sites may not be linked. It is not allowed to declare oneself as promoter. Points may not be transferred from one website to another.
1.7 Resale of websites is not permitted.
2. Registration at hPage.com
2.1 All information provided at registration must be precise and accurate.
2.2 User details (user name & password) are provided by e-mail after registration. The user is obligated to ensure confidentiality of these data. Should the user forget the password, he may use the "Forgot your password?" feature. It is below the "log in" button on the welcome page. To ensure security, a new password will be created and sent to the user by e-mail.
2.3 Registration is free of charge.
3. Data protection & newsletter
3.1 For security reasons, hPage.com will save the IP address after every registration, every log on to the member sector, and every website access. In case of misuse, information on the perpetrator may thus be provided.
3.2 The newsletter sent in irregular intervals to the e-mail address provided upon registration can be cancelled at any time. Please see "my details" in the log in section.
3.3 Occasionally, hPage.com will send system information to the e-mail address provided upon registration. This is not a newsletter and can not be cancelled. These e-mails contain important information on system modifications or other notifications..
4. Limitations of liability
4.1 hPage.com shall be used at the user's own risk. hPage.com is not liable to ensure the permanent availability of uninterrupted, timely, reliable and error-free services. hPage.com can not be held responsible in the case of information or data loss - neither if memory is hosted by hPage.com nor for the user's private storage media. Information and advice received by a user within the range of hPage.com services, whether on websites, per e-mail or fax, in written or verbal form, do not constitute any form of warranty on behalf of hPage.com, unless formally agreed. hPage.com can not be held liable for official measures without fault, labor disputes, force majeure, natural disasters or random damages. The user acknowledges that hPage.com services cannot be provided without the warranty exemptions and limitations of liability outlined above. The limitations of liability also account to the benefit of hPage.com employees and assistants. This agreement does not cover exemption from or limitation on hPage.com's liability in the following cases:
- Damage to life, body or health caused by negligence by hPage.com, its assistants or representatives
- Intended and harshly negligent breach of duty
- Any other liability that is legally required
Apart from that, liability is limited to the usual coverage of provisional damage. This does not apply to the breach of important contractual obligations or to liability according to the Product Liability Act.
5. Service modifications
5.1 hPage.com may decide which and to what extent services shall be provided at its own discretion. Restrictions, expansions and other modifications of these services may be made by hPage.com at any time.
6. Cancellation of membership
6.1 hPage.com is entitled to terminate the contract with the user in regards to utilizing hPage.com's services at any time and without notice. The contract is terminated by deleting the user's website. hPage.com is entitled to terminate the contract without prior warning with reasonable cause. Reasonable cause is given, if the user violates applicable law or breaches the terms of service of the agreement.
6.2 The user may cancel the membership with hPage.com at any time and without stating reasons by clicking on the relevant item in the member section. Upon cancellation, hPage.com is entitled to delete all data that has been entered by or sent to the member on the hPage.com network. For certain services, different terms of notice and contract durations may apply.
6.3 The deletion of an account at hPage.com is free of charge and possible at any time. All data will be deleted in this process. Websites can be deleted using "Settings" -> "General settings" in the login area. Please be advised that due to security reasons, websites can not be deleted upon request by e-mail.
6.4 If a user has failed to log onto their account for a period of 365 days, hPage.com is entitled to delete the account and website after further notice. This measure may be necessary to prevent hPage.com being swamped by users who do not use their website.
7. Placement and restraint of advertisements
7.1 The user agrees to allow hPage.com to include banners, pop-ups, text links and other forms of advertising on the website and combined services (guest books, forum, etc.).
7.2 In exchange for points, the user may deactivate advertisements on the page for a certain time frame. To chose this option, please go to "Points" -> "Redeem" -> "Extras" in the login area.
8. Internal point system
8.1 The purpose of hPage.com's internal point system is to enable users to expand their website. The user is credited with extra points; e.g. for a login, confirmation of a paidmail or recruitment of new users. In exchange for these points the user may upgrade the website; e.g. with memory, extras or ad-free space.
8.2 Points may not be sold. Points may only be exchanged for virtual assets (e.g. graphic design services, banner advertising, etc.).
8.3 Points may not be transferred between accounts. Furthermore, it is not permitted to transfer points to the same account regularly.
9. Other regulations
9.1 hPage.com specifically emphasizes that, if the user integrates pictures, music, downloads, etc., from other websites into his own website, he must ensure that he is authorized to do so by the linked sites. Should hPage.com receive a written warning regarding unauthorized use from companies offering other web services, hPage.com reserves the right to delete the user's website and forward any claims.
9.2 Data that has been uploaded on hPage.com may only be used on hPage.com websites. Using data on sites other than hPage.com is strictly forbidden and will be avenged with the immediate deletion of the website.
9.3 Website accounts may not be created with the sole purpose of earning points. The penalty for fraud (such as the creation of 10 accounts and the transferal of points between them or self-promotion) shall be the erasure of points from all accounts and the blockage of the website.
9.4 Promoting websites using visitor swap systems and PaidMail systems is not permitted. Furthermore it is prohibited to promote websites using systems that require the user to click on certain items in order to proceed. Websites that use such means of advertising shall be blocked immediately.
10. terms of service
10.1 Upon registering with hPage.com, the user declares to have completely read and accepted the terms of service.
10.2 Alterations and amendments to these terms of service require to be confirmed upon log-in. The user is obligated to read the terms of service regularly and completely. Upon clicking "accept", the alterations to the terms of service are considered to be approved of.
11. Final provisions
11.1 Should any clause of these terms of service be or become fully or in part legally ineffective or unenforceable, or if amendments are made, the validity of other clauses in this contract shall not be affected. The same arrangement is valid if the agreement proves to have a loophole: The loophole or invalid or unenforceable provision will be replaced by an adequate regulation. It shall be ensured that the new provision is conformable to the original intend of the terms and conditions originally agreed upon.
11.2 The place of fulfilment is Lauf a. d. Peg. (Germany).
11.3. Place of jurisdiction for all and any disputes between the contractual parties arising from or connected with this contract shall be Lauf a. d. Peg. (Germany).