Old Terms of Use from Dec 1, 2006

Terms of Use

General Terms and Conditions

1.    General

1.1.    Jimdo is a service provided by Jimdo GmbH (hereinafter referred to as “Service Provider”). By registering with Jimdo as user, you (hereinafter referred to as “Jimdo User”) accept these General Terms and Conditions (hereinafter referred to as GTCs) pertaining to the use of Jimdo.

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 Jimdo-Pages. The Service Provider will only make such modifications if they are reasonable and acceptable for the Jimdo User or if their implementation is required by law.
Furthermore, the Service Provider may, with the consent of the Jimdo User, amend the contract with the Jimdo User as well as these GTCs. Consent to the amendment shall be deemed as given if the Jimdo 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 Jimdo User of the consequences of his failing to lodge an objection.

2.    Object of the contract, amendment of the contract

2.1.    Jimdo provides an online service allowing Jimdo Users to create their own Website (referred as Jimdo-Pages). The services allow Users to adaptthe design of their own Jimdo.Page and to create and manage the site’s content. Jimdo offers two different versions of this service: (a) a free-of-charge Jimdo-Page (referred to below as "JimdoFree" and (b) a more comprehensive Jimdo-Page which is subject to a fee (referred to below as "JimdoPro"). For an updated specification of services of JimdoFree and JimdoPro 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 JimdoFree User fails to log on his Jimdo-Page within 180 days, the Service Provider may delete the Jimdo-Page and its contents permanently and block all access to Jimdo by the User.
2.4.    JimdoFree-Pages contain advertisements. The Jimdo User is not entitled to remove or conceal any advertisements.
2.5.    The Jimdo-Pages of JimdoFree Users are published under a sub-domain (e.g. www.username.jimdo.com). JimdoFree Users are not entitled to redirect an externally hosted domain to their Jimdo-Page or to display the Jimdo-Page on an external Webssite (e.g. integration via frame or Iframe).
2.6.    The Service Provider reserves the right to make use of the services of third parties in performing services.
3.    Personal data
3.1.    The Jimdo User confirms that all the personal data provided is true and complete. The Jimdo 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 Jimdo User expressly agrees to this. The Jimdo User undertakes to keep the personal data updated. In order to prevent abuse by unauthorized third parties, the Jimdo 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.    JimdoFree 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 JimdoPro 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 Jimdo User’s e-mail address and the date of termination.
The Service Provider may terminate the JimdoPro 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 Jimdo 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 Jimdo-Page and block access to JimdoPro by the User in case fees are not paid. In such a case the Service Provider will inform the JimdoPro User accordingly.
4.3.    Termination of optional services in addition to JimdoPro will not affect the overall contractual relationship.
4.4.    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 Jimdo User’s data on the server, including e-mails in the User’s mailboxes. Transferring the data related to the User’s Jimdo-Page to the server of a third-party provider will not be possible. It is therefore the Jimdo 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 Jimdo 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 Jimdo User

5.1.    The User is responsible for any contents provided or stored by him on his Jimdo-Page. The Service Provider is under no obligation to inspect the Jimdo-Pages of the Jimdo 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 Jimdo services.

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 Jimdo User undertakes not to use his Jimdo-Page for the purposes of spamming.

5.4.    The Jimdo User undertakes not to create direct links from other Web sites to downloads on his Jimdo-Page.

5.5.    The Jimdo User undertakes to observe all legal requirements pertaining to the provision of provider details or any equivalent legislation in the country of use.

5.6.    The Jimdo User is under an obligation to regularly back up all data files and software settings to which he has access. In all cases the Jimdo User is required to take appropriate data backup measures before making changes to his Jimdo-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 Jimdo’s Server.

5.7.    The Jimdo 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 Provider.

5.8.    The Jimdo User will use the designs provided by Jimdo exclusively for his Jimdo-Page. The Jimdo User is expressly prohibited from storing the Jimdo-Page and transferring it to and using it on an external server.

6.    Domain name registration, domain name cancellation and change of providers

6.1.    The service package JimdoPro includes the provision of one or several domain names. For the purpose of procuring and/or maintaining domains, the Service Provider will act only as the agent between the Jimdo User and the organization respectively responsible for domain name allocation (“registrar”).
 The top-level domains (e.g. “.DE”) are predominantly managed by a large number of different national organizations mostly at the national level. Each of these organizations has its own terms and conditions pertaining to the registration and management of domain names. The registration terms and conditions of the relevant domain provider will therefore apply complementarily to these GTCs; e.g. in the case of DE domain names the registration terms and conditions of DENIC e.G. (Register of Cooperatives) will apply and form part of the contract.
Accordingly, the respective allocating organization’s terms and conditions will apply in the same way. On request the Service Provider will send a copy of such terms and conditions to the Jimdo User. Alternatively they may be accessed online from the respective allocating organization.

6.2.    The Jimdo User undertakes in particular to provide correct and complete data regarding the domain name holder (“registrant”) and the administrative contact (“admin-C”) when registering the domain name. The technical contact in any case will be Jimdo GmbH. Irrespective of the relevant registration terms and conditions, such data must include the name of the domain name holder, an effective postal address (PO boxes or anonymous addresses are not permissible), a valid e-mail address and telephone number. If this information changes, the Jimdo User must immediately inform the Service Provider of this change by updating it online.

6.3.    Upon conclusion of the contract, the Service Provider will arrange for application for the desired domain name with the responsible registrar. The Service Provider may defer activation of a domain name until payment of the agreed fees for the registration services has been received. The Service Provider is in no position to influence the allocation of the domain name by the relevant organization. The Service Provider can neither guarantee that the requested domain names will be allocated to the Jimdo User and/or that allocated domain names are free of third-party rights nor guarantee their continued existence. Any information given by the Service Provider regarding the availability of a domain name is based on the data provided by third parties and only refers to the time that information is requested. The domain will not be deemed as allocated before registration of the domain in the name of the Jimdo User and its entry in the database of the registrar.

6.4.    Before applying for a domain name, the Jimdo User will check that the domain name does not violate the rights of any third party or contravene existing legislation. The Jimdo User affirms that he has fulfilled this obligation and that during this check there was no indication for such infringement or violation.

6.5.    The Jimdo User will be registered as domain name holder with the allocating organization and admin-c. For technical reasons, an e-mail address of the Service Provider is registered as the admin-c e-mail address for domain names ending in .com, .net, .org and .info. However, the rights of the Jimdo User will not be affected by this. The Jimdo User expressly agrees to this procedure.

6.6.    Any changes to the requested domain name after registration with the relevant registrar is precluded. In case that during the time needed for forwarding the domain name request to the registrar, the domain name has already been allocated otherwise, the Jimdo User will be entitled to choose a different domain name. This will not apply if, in case of a change of providers, the previous provider declines this change. In such a case the Jimdo User will make the required arrangements for the release of the domain name by the previous provider or apply for a further domain name through the Service Provider for an additional fee. Should certain domain names have been cancelled by the Jimdo User or due to binding decisions in domain name disputes, the Jimdo User will not be entitled to apply for a free substitute domain name.

6.7.    Subject to these GTCs and those of the relevant allocating organization, the Jimdo User may transfer all domain names registered through the Service Provider to another provider, provided that the new provider offers the corresponding top-level domain name (e.g. “.DE”) and, as circumstances require and based on technical requirements, supports the change in provider. The JimdoPro contract will remain unaffected by such a change in provider. However, the User is required to serve notice of cancellation. All declarations concerning the domain name, in particular any domain name cancellation, change of providers, and deletion of a domain name must be made in writing. Should the Service Provider—due to failure on the part of the Jimdo User or the new provider to make timely arrangements or because the conditions for the change have not been met—be unable to grant the change of providers (KK application) by the Jimdo User’s new provider, the domain name provider is expressly entitled to have the cancelled domain name deleted (“CLOSE”) by the relevant allocating organization after the cancellation date has lapsed. The Service Provider reserves the right to allow KK applications only if the Jimdo User has settled all undisputed pending claims with the Provider.

6.8.    The Jimdo User must notify the Service Provider immediately should he, as a result of adjudication, lose the rights over a domain name registered on his behalf.

7.    Impairment of performance

7.1.    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 Jimdo-Pages cannot be guaranteed. The Jimdo User can therefore not claim permanent access to the Jimdo-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 Jimdo-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 Jimdo for the purpose of installing technical improvements.

7.2.    In order to ensure the proper operability of the Jimdo-Page’s alteration function, a number of system requirements are required. A list of these requirements is available. Any liability on the part of the Service Provider for disruptions caused by different system configurations is excluded.

8.    Liability

8.1.    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 excluded.

8.2.    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.

8.3.    The Service Provider shall not be liable for any activities of or contents posted by the Users.

8.4.    The Service Provider cannot be held liable for damages arising from malfunction of the Jimdo systems.

8.5.    Any liability on the part of the Service Provider or affiliated providers will be limited to the equivalent amount of a yearly user fee.

9.    Data protection

9.1.    The Service Provider will collect, process and use personal data concerning the Jimdo Users. For further information regarding the Service Provider’s data processing and data protection policies, visit our privacy statement.

9.2.    The Jimdo 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 Jimdo server and that there is a theoretical possibility that the Jimdo User’s data may be accessed by unauthorized third-parties when transmitting the data over the Internet.

10.    Final provisions

10.1.    Should any individual provision of this contract be or become void, the validity of the remaining provisions shall remain unaffected. As required by §33, Para. 1 of the Federal Data Protection Act (BDSG) and § 4 of the Teleservice Data Protection Ordinance (Teledienst Datenschutz-Verordung), notice is herewith given that data of users will be computer processed in machine-readable form.

10.2.    These GTCs and the contract shall be governed by the laws of the Federal Republic of Germany. 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 office.

(Last updated: December 1, 2006)