Section 1.3. Registration of the User.

(1) In order to access most of the functionality of the site, the user shall register his personal account with a valid e-mail address. To get the full access to the functionality of the site as a supplier or as a demander, the registered user shall provide additional information about himself to obtain his business account. Furthermore, in order to post his internet resources on the site, the supplier shall provide confirmation of his ownership or of his right to dispose such resources.

(2) On registering his account(s) on the site, the user confirms and warrants that:

a. the information provided by him is accurate and up to date,

b. in case this information is changed in the future, such changes shall be immediately reported to IPLIR,

c. the e-mail address provided by him does not violate any rights of any third person, belongs to the user, will be constantly monitored by the user, and will not be transferred to any other person,

d. the user is fully responsible for any activities performed using the provided e-mail address. In case if the user violates any of the requirements set out hereby, IPLIR shall have the right to immediately suspend or terminate the use of his account(s).

(3) The type and scope of the information to be provided about the user and the proof to be submitted shall be determined by IPLIR at his reasonable discretion, taking into account the purpose of the contract and the relevant statutory provisions as well as in accordance with the provisions on data protection. In particular, in order to conclude a contract using the site, the business user shall provide, at the request of IPLIR, the information necessary for its execution (including information on the parties to the contract, and on the internet resources that constitute its subject), and for the executing the transactions through a payment transfer operator. In order to offer IP addresses for lease, the business user shall provide the proof of their ownership, or the authorization of the owner, respectively.

(4) Business accounts may only be granted to users who are entrepreneurs within the meaning of section 14 subsection 1 of the German Civil Code. No consumer protection laws shall be applicable to the business users.

(5) After verifying the information provided for obtaining a business account, IPLIR shall notify the registered user about granting him a business account for posting internet resources on the site (as supplier), or for providing an opportunity to become a demander, respectively.

(6) Granting a business account shall not create per se any obligation for IPLIR to conclude further contracts with the business user.

(7) Within the scope of availability, the business user may set up separate access authorizations for natural persons (members) named by him, to act on his behalf. Such authorizations shall be subject to all provisions of this sections.

Section 1.4. Content of the Agreement of Use.

(1) Business users shall use this site for the conclusion of sale contracts (and)or lease contracts (principal contracts) as a supplier and (or) as a demander in accordance with these Terms of Use. Furthermore, registered users may request IPLIR to provide other services as indicated in the price list.

(2) IPLIR shall enable suppliers to post offers for the sale and lease of internet resources on the site and to make them accessible to demanders. The type and format of such offers in electronic form shall be provided by IPLIR at his own discretion.

(3) The site can only be used by the user within the scope of availability. There shall be no claim to uninterrupted availability of the site. In particular, IPLIR shall be entitled to temporarily restrict the provision of the site in whole or in part for capacity reasons, for the purpose of maintenance or repair, for reasons of data security or for other reasons

(4) IPLIR shall neither be liable for the content posted by users on the site, nor be obliged to store such content on a durable data medium (hard copy).

(5) IPLIR shall not be obliged to provide encrypted communication to this server. This applies to both external and internal messages.

(6) IPLIR shall operate the site on a server which is protected against computer viruses, computer worms, malware and other malicious software according to the respective state of the art.

(7) For data protection privacy policy of IPLIR shall apply.

Section 1.5. Remuneration

(1) The amount of the remuneration for IPLIR shall be determined in the price list. To the extent that the remuneration is subject to turnover tax, this tax shall be paid in addition.

(2) No remuneration shall be owed for the posting of an offer on the site by a supplier or for the search for offers on the site by a demander.

(3) The supplier shall owe remuneration for each principal contract concluded directly or indirectly through the use of the site. The supplier shall also owe remuneration if the principal contract was concluded outside the site, but the use of the site contributed to the conclusion of such principal contract.

(4) The remuneration for a principal contract shall become due upon its conclusion.

(5) In the execution of the principal contracts, as well as in other cases indicated in the terms of the provision of certain service , remuneration shall be paid through the payment transfer operators that process the relevant payments.

Section 1.6. Duties of Care of the User.

(1) The user shall be obliged to use the site exclusively for the purposes intended in accordance with these Terms of Use and within the scope of proper business operations.

(2) In case IPLIR posts instructions for the user (operating instructions) on the site, the user undertakes to carry out all actions exclusively in accordance with such instructions.

(3) The user shall protect data processing systems operated by him or for him with which the site is accessed against computer viruses, computer worms, malware and other malicious software. The protection usually requires the installation of an antivirus program and its continuous updating. If there are indications for the user that any of the mentioned data processing systems is infected with malicious software, he shall not be entitled to use it to access the site. He shall also inform IPLIR without delay.

(4) If the user has reason to believe that his account is being misused, he shall inform IPLIR immediately and suspend the use of the site until such misuse ends.

(5) If the user violates the obligations specified in this section, IPLIR has the right to restrict or to block the access to the account of the user, and the user shall compensate IPLIR and any other user for any damage they suffer as a result of having relied on the observation of these obligations by the user. The liability of the user to IPLIR and to the other users on the basis of legal regulations remains unaffected.

Section 1.7. Prohibited Use.

(1) The user shall not be entitled to use the site directly or indirectly for purposes which are prohibited by law, by virtue of a law or by virtue of an enforceable official order in the state in which the user has his seat or in the Federal Republic of Germany.

(2) In addition, the user shall not be entitled to directly or indirectly use the site in such a way:

1. that content is made available or disseminated which glorifies violence; is racist; is discriminatory with regard to religion, ideology, sexual orientation or identity, race or ethnic origin, gender or disabilities; or is pornographic, - even if the responsibility for the provision or distribution of such content lies with a third party;

2. which is suitable or intended to: induce others to commit an act of the kind referred hereby or to commit an act punishable in the Federal Republic of Germany or to participate in such an act; interfere with the data processing of another person, in particular to unlawfully delete, suppress, render unusable or modify the data of another person; destroy, damage, render unusable, remove or modify a data processing equipment of another person or parts thereof, or send data, in particular spam messages or other materially undesirable data, to a third party by automated means without the consent of the third party, even if this is not prohibited by the law applicable to the third party.

(3) Furthermore, the user shall not be entitled to use the site directly or indirectly in such a way that:

1. industrial property rights, in particular patents, utility models, registered designs and trademark,

2. legally protected rights to a name or designation of origin, or

3. business or trade secrets or any other legally protected know-how, - of IPLIR or a third party are violated. The same shall apply to any use that violates a contract between IPLIR and a third party or between another user and a third party of which the user is aware or should have been aware under the circumstances.

(4) The user shall not be entitled to influence the formation of prices in a way that contradicts the conditions of orderly pricing on the market. In particular, the user is prohibited from directly or indirectly placing bids on his own offers or inciting third parties to post bids on his own offers for the purpose of price formation.

(5) If a third party raises claims against IPLIR in connection with the use of the site due to the infringement of a right, the user shall release IPLIR from such claims at his own expense. In such cases, IPLIR may set a reasonable period of time for the user to be released. After the unsuccessful expiry of this period, IPLIR may demand compensation in money from the user for the damage incurred by him as a result of the claim of the third party.

(6) Provisions of this section shall apply accordingly to the relationships between the parties to all contracts concluded on the site.

Section 1.8. Management of Internet Resources.

(1) IPLIR shall manage the internet resources for the user after the user posts such internet resources on the site. Such management shall be undertaken by IPLIR, as specified by the user, either by sale to a third party in the name and for the account of the user, or by lease to a third party in the name and for the account of the user.

(2) IPLIR shall perform the management of the internet resources autonomously at his own discretion and without obtaining prior instructions from the user.

(3) To the extent the user issues individual instructions for certain types of the management, IPLIR shall carry out the management within the scope of these instructions.

(4) IPLIR is entitled to split up existing IP addresses in blocks into sub-blocks and to exploit them as well as individual addresses. In addition, he may exploit IP addresses of the user and parts thereof together with IP addresses of other suppliers and parts thereof.

(5) IPLIR is authorized to represent the user vis-à-vis the other contracting party, as well as vis-à-vis third parties, including Regional Internet Registries. For this purpose, the user shall provide IPLIR with a relevant power of attorney on the request of IPLIR.

(6) Without the prior consent of the user, IPLIR is not entitled to receive reimbursements or similar payments from third parties for the exploitation of the managed internet resources. This does not affect the right of IPLIR to receive remuneration (commission) in an appropriate and customary amount as consideration for separate services. The consent of the user shall be deemed to have been given if IPLIR notifies the user in writing before agreeing the reimbursement or similar benefit with the third party and the user does not object to this agreement in writing within three working days.

(7) IPLIR shall take the necessary organizational precautions so that a conflict of interests arising from the management of internet resources for other suppliers is avoided as far as possible. There is no conflict of interests if IPLIR treats the user equally in relation to other users. If there is or if there may be a conflict of interests, IPLIR shall inform the user in an appropriate manner.

(8) IPLIR shall only make use of the powers as specified hereby within the scope of the contractual purpose for the user.

IP Terminated

Services may be canceled by either party – IPLIR or the User according to the provisions specified in IPLIR Platform Terms of Service. However, IPLIR cannot cancel the Service on the User’s behalf

In cases where the Service was used deliberately and intentionally to cause damage to any property in any shape or form, or the payment is overdue, IPLIR has the right to terminate the Service immediately, with or without prior notification. If the User acts deliberately and intentionally to cause damage to any property in any shape or form, a refund will not be applicable.

The Services are terminated immediately if the User violates AUP or is performing any kind of other illegal activities.

Stopping the announcement of the IP Numbers after the termination of Services is a sole responsibility of Lesse, therefore, if after termination/suspension of Services Lessee keeps announcing IP Numbers, it is considered as violation of AUP and Lessee will be held responsible for these actions, which will be considered as hijacking. In case of such violation Lessee by the decision of IPLIR could be: (a) blocked from further IP reassignments; (b) abuse management fee could be applied; (c) User could be obliged to pay a compensation to the IP Holder for the unauthorized usage of IP resources.

If the tenant puts the leased IP addresses into major blacklist services such as spamhouse, new subnet orders will not be provided and if they put many subnets into blacklist, their account will be closed and IP announcements will be deleted.