General Terms and Conditions for the Use of the Internet Site interlir.com  (version 15.01.2024)

(1) The following general terms and conditions (Terms of Use) shall apply to all pre-contractual and contractual relationships between InterLIR and users who use its internet site interlir.com, and shall constitute the user agreement for this site.

(2) This site may be used exclusively subject to these Terms of Use. By ticking the “I agree” box in the electronic form for registering on the site, the user accepts and agrees to be bound by these Terms of Use. If the user does not agree to be bound by these Terms of Use, he shall not use the site.

(3) InterLIR reserves its right to modify (amend) these Terms of Use from time to time. Amendments to the agreement of use shall become effective when InterLIR notifies the registered user on the amendments in text form, and the user accepts them. Acceptance shall be deemed to have been confirmed if within one month the user does not object to the amendments in text form, and (or) the user signs contract(s) with the reference to the amended version of the Terms of Use. Any amendments shall be applicable only to the contracts signed after they become effective.

(4) Deviations from these Terms of Use are only effective if InterLIR confirms them in the order form in relation to the respective transaction. Any contractual terms of the user shall not become part of the agreement of use. Inclusion of any contractual conditions by a letter of confirmation shall be excluded.

(5) Distribution by the user of any materials from the site for purposes that do not comply with these Terms of Use shall not be allowed.

The following definitions shall have the same meaning as described hereby, regardless of whether they appear in singular or in plural: 1) InterLIR is InterLIR GmbH (Josef-Orlopp-Straße 54,10365 Berlin), operator of the site interlir.com and its web pages,

2) registered user is a user who has registered his account on the site,

3) business user is a registered user, who has provided information about himself for a business account in order to become a supplier or demander of the internet resources available on the site for sale or for lease, or to make other transactions,

4) supplier is a business user who has provided information on his internet resources to post them on the site to become their seller (in case of sale) or lessor (in case of lease),

5) demander is a business user who has confirmed his consent to become buyer (in case of sale) or lessee (in case of lease) of the internet resources that are made available by suppliers on the site,

6) internet resources are:

a. internet protocol version 4 addresses (IPv4 addresses),

b. internet protocol version 6 addresses (IPv6 addresses) and

c. autonomous system numbers (AS numbers), - allocated and managed by one of the Regional Internet Registries (RIPE NCC, APNIC, AfriNIC, ARIN, LACNIC).

(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 InterLIR,

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, InterLIR 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 InterLIR 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 InterLIR, 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, InterLIR 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 InterLIR 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.

(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 InterLIR to provide other services as indicated in the price list.

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

(6) InterLIR 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 InterLIR shall apply.

(1) The amount of the remuneration for InterLIR 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.

(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 InterLIR 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 InterLIR without delay.

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

(5) If the user violates the obligations specified in this section, InterLIR has the right to restrict or to block the access to the account of the user, and the user shall compensate InterLIR 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 InterLIR and to the other users on the basis of legal regulations remains unaffected.

(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 InterLIR or a third party are violated. The same shall apply to any use that violates a contract between InterLIR 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 InterLIR in connection with the use of the site due to the infringement of a right, the user shall release InterLIR from such claims at his own expense. In such cases, InterLIR may set a reasonable period of time for the user to be released. After the unsuccessful expiry of this period, InterLIR 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.

(1) InterLIR shall manage the internet resources for the user after the user posts such internet resources on the site. Such management shall be undertaken by InterLIR, 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) InterLIR 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, InterLIR shall carry out the management within the scope of these instructions.

(4) InterLIR 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) InterLIR 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 InterLIR with a relevant power of attorney on the request of InterLIR.

(6) Without the prior consent of the user, InterLIR 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 InterLIR 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 InterLIR 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) InterLIR 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 InterLIR treats the user equally in relation to other users. If there is or if there may be a conflict of interests, InterLIR shall inform the user in an appropriate manner.

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

(1) The IP addresses posted on the site may be subject to sale or lease contracts (principal contracts). The distribution of other goods or services as subject matters of the principal contracts is not permitted.

(2) Only the supplier and the demander are entitled and obligated under a principal contract. InterLIR shall only be liable for an obligation arising from a principal contract if InterLIR enters into such contract as its party on its own behalf.

(3) By concluding the sale contract, the seller undertakes vis-à-vis the buyer, by undertaking necessary actions to the respective Regional Internet Registry, to transfer the sold IP addresses to the buyer. The buyer shall pay to the seller the agreed purchase price.

(4) By concluding the lease contract, the lessor undertakes to grant the lessee the use of the leased IP addresses for his own purposes without transferring them to the lessee by the respective Regional Internet Registry. The lessee shall pay to the lessor the agreed rent.

(5) Unless unmistakably otherwise specified in an offer:

1.The execution of the sale contract shall be performed in accordance with the Terms of Sale of IP addresses,

2.The execution of the lease contract shall be performed in accordance with the Terms of Lease of IP addresses.

(1) The suppliers can post their offers (blocks of IP addresses) as public and non-public offers. Offers are public if they are made accessible to other users for the purpose of concluding a principal contract on the site. Non-public offers shall only be made available to InterLIR for concluding a principal contract.

(2) Public offers, as indicated by the supplier, may be at the highest bid (bidding offer). Furthermore, the seller may indicate his willingness to consider the price proposal of the buyer.

(3) The offers shall be posted by the supplier in his own name, unless otherwise is agreed with InterLIR that the offers may be posted by InterLIR on behalf of the supplier. If the seller posts the offer for sale of IP addresses being duly authorized by other owners, this may be indicated separately. If upon registering his business account the seller did not provide full information about the ownership of IP addresses, it should be indicated that the transaction on such an offer is not guaranteed.

(4) The offer of the seller shall be posted in the format provided by InterLIR and shall not contain any conditions which deviate from the provisions of these Terms of Use. Such offer shall contain:

1. the specification of the IP addresses, indicating the block type, the respective Regional Internet Registry and the size of the blocks (number of addresses to be sold);

2. an acceptance period that can be determined according to the calendar and until the expiry of which bids may be submitted and, if the sale is to be made only subject to a minimum bid, an express reference to this reservation.

(5) Offers for sale of IP addresses that are already leased in whole block of in part thereof to third parties shall contain a specification, which exactly IP addresses are leased to whom and for what period. Conclusion of a sale contract for such IP addresses shall be the legal ground to replace the previous lessor as the contracting party of the existing lease contract(s) by a new buyer.

(6) The offer of the lessor shall be public and at the fixed price, in the format provided by InterLIR and shall not contain any conditions which deviate from the provisions of these Terms of Use. Such offer shall contain:

1. the specification of the IP addresses, indicating the block type, the respective Regional Internet Registry and the size of the blocks (number of addresses to be leased);

2. the rent to be paid;

3. the start date and the duration of the lease, not less than three months and not more than two years.

(1) Unless otherwise specified by the supplier on posting his offer on the site, only InterLIR shall have the right to process such offer and each offer shall be binding for the supplier after its acceptance by a demander, and a principal contract shall be concluded between both parties in accordance with the terms of the offer.

(2) If an offer is submitted against the highest bid, the supplier shall be bound by it for the duration of the acceptance period. If the supplier terminates the bidding before the expiry of this period, the contract shall be concluded with that demander who has submitted the highest bid at the time of such termination.

(3) After receipt of an acceptance the supplier may not revoke his offer, unless the contract may be invalidated if it were concluded and the demander is not entitled to any claims against the supplier in connection with this contract.

(4) The supplier may object to the acceptance of his offer only if there are reasonable doubts about the demander, in particular there is a particular concern that the demander will not fulfill his obligations under the principal contract.

(1) In case the supplier offers to sell the IP addresses against the highest bid (bidding offer), the bidding procedures shall subject to the provisions of this section as well as the provisions of all and any applicable conditions of these Terms of Use.

(2) Within the acceptance period the demander is required to post a bid amount; such amount must be equal to or higher than the bid listed by the supplier as the minimum opening bid.

(3) Unless otherwise was previously with the supplier and (or) with the demander, the highest bid will be considered a winning one, and a notification will be submitted to the winning bidder at the e-mail address provided by him at the registration of his account.

(4) The demander, being notified by InterLIR as winning bidder, agrees to promptly purchase the IP addresses pursuant to the provisions and (or) instructions set forth in these Terms of Use, and to confirm this in the e-mail notification to InterLIR.

(5) Failure to fulfill his obligation to conclude a contract by the winning bidder shall obligate such demander to pay a 1,000.- Euro cancellation fee to InterLIR.

(1) InterLIR shall facilitate the settlement of the principal contracts on behalf of the seller (or lessor) vis-à-vis the other contracting party (the buyer or the lessee, respectively), including the following measures:

1. data management, including the collection of master data on a principal contract,

2. document management (the storage and maintenance of files and supporting document relating to a principal contract);

3. collection of the consideration owed by the other contracting party to the user under a principal contract;

4. transferring the IP addresses to buyers and granting the use of the IP addresses to lessees (including interaction with the respective Regional Internet Registry);

5. conducting correspondence with the other contracting party;

6. monitoring the performance of the obligations incumbent on the other contracting party under a principal contract;

7. extrajudicial assertion of due claims of the user under a principal contract against the other contracting party;

8. issuing warnings to the other contracting party in the event of a breach of duty by the latter;

9. termination of a principal contract due to a breach of duty by the other contracting party upon instruction of the user;

10. monitoring the time of expiration of lease contracts and of the contractual return of leased IP addresses;

11. advice to the user in connection with a principal contract, to the extent that such advice is to be regarded as ancillary to the performance of this principal contract in terms of its content, scope and material connection;

12. rendering of accounts in accordance with provision on accountability;

13. other measures regarding the settlement of the principal contract, to the extent that they have been previously agreed with the user.

(2) InterLIR shall perform the settlement of the principal contracts independently at his own discretion and without obtaining prior instructions from the user, unless otherwise was agreed previously.

(3) The user shall provide InterLIR with all information and transmit all documents in copy or in electronic form, which are necessary for the proper settlement of the principal contract.

(4) InterLIR shall inform the user of circumstances known to him which are of material importance for the settlement of a principal contract if he must assume under the circumstances that the user is not aware of such circumstances.

(5) Settlement of payments under the principal contracts shall be made through the payment transfer operators indicated in the respective contracts.

(6) The user shall grant InterLIR access to the databases and object management systems of the respective Regional Internet Registries for the IP addresses being the subject matter of the principal contract. The type and scope of the access to be granted shall be determined by InterLIR at his reasonable discretion within the scope of the contractual purpose and may be later changed by InterLIR.

(1) Each party of the principal contract shall designate an individual, stating his full name, who shall represent him comprehensively in all matters of the contract and in connection with the execution contract (contact person), including:

1. sending and receiving all communications for and against the party and to carry out unilateral legal transactions for the party;

2. accepting service on behalf of the party.

(2) Each contact person must be available by phone and e-mail and must be proficient in German or English.

(3) If the user withdraws a contact person, another contact shall be appointed at the same time. If no other contact person has been designated, communications of the other party shall be deemed duly received if they were addressed to the last named contact person.

(4) Each party shall be obliged to send all communications related to the execution of the contract to the contact person designated by the other party or to put him in a copy of such communications at the same time. However, unless otherwise previously agreed, the buyer (the lessee) shall be obliged to send communications exclusively to InterLIR, and not to the seller (the lessor). If, contrary to the above provisions, the buyer (the lessee) sends communications to the seller (the lessor), the seller (the lessor) shall only be obliged to forward these communications to InterLIR. Liability for possible losses in this case lies entirely with the buyer (the lessee).

(1) The user agreement enters into force at the moment the user confirms his consent to these Terms of Use and shall be entered into for an indefinite period of time.

(2) InterLIR may terminate the user agreement by giving one month's notice to the end of any calendar month, if:

1. the user intentionally or grossly negligently or in spite of a warning by InterLIR and the unsuccessful expiration of a reasonable period of time for remedy uses the site in a way that entitles InterLIR to block or restrict access to his account;

2. InterLIR has blocked or restricted the user account and the reason therefor has not ceased to exist within one month;

3. the user is in default with the payment of a remuneration due to InterLIR in the amount of at least 1000.- Euro for a period of more than two weeks;

4. InterLIR cannot reasonably be expected to continue this contract until the expiry of the notice period for other reasons, taking into account all circumstances of the individual case and weighing the interests of both contracting parties.

(3) The user may terminate this contract at any time without observing a notice period.

(4) The right of the user to use the site and to access his accounts including user sub-accounts shall expire upon termination of the user agreement. The rights and obligations arising from any contracts that have already been concluded at the time of such termination shall remain unaffected.

(1) InterLIR shall be liable for any negligence for damage resulting from the breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract and on whose compliance the user can regularly rely, in particular the operation of the site in accordance with the Terms of Use. InterLIR shall only be liable for damages arising from the violation of other obligations in the event of intent and gross negligence.

(2) InterLIR shall not be liable for damages incurred by the user due to loss of or damage to data if it can be assumed under the circumstances that the damage could have been avoided by complying with the duties of care of the user. This shall not apply if the user is not at fault or is only slightly negligent and InterLIR has acted with intent or gross negligence.

(3) InterLIR shall not be liable for any damage incurred by the user as a result of the fact that he acted on the instructions of the user.

(4) The liability of InterLIR to the user shall be limited to the damage which was foreseeable for him in the circumstances.

(5) The above limitations shall not apply to liability for damages resulting from injury to life, body or health.

(1) The user shall not be entitled to assign, pledge or otherwise dispose of claims to a third party based on this agreement without the prior consent of InterLIR.

(2) The user may only offset against claims of InterLIR or exercise a right of retention if the claim is undisputed or has been legally established.

(1) Even after termination of the business relationship, the user may not exploit or disclose to others any business and trade secrets of InterLIR which have been entrusted to him or which have become known to him through the business relationship. The same shall apply to the know-how of InterLIR and all other facts which are not or have not become common property..

(2) The user shall not use business and trade secrets and the know-how of InterLIR as well as all other information which has not become public domain for any other purposes than for the performance of the existing contracts. The user shall acquire rights to use such documents only to the extent necessary to achieve the purpose of the contract. Any rights of the user shall expire at the latest upon termination of the business relationship. The user shall surrender the business documents to InterLIR at any time and at the first request of InterLIR or destroy them at the discretion of InterLIR..

(3) The user shall set up his business operations in such a way that third parties cannot gain access to the business and trade secrets as well as the know-how of InterLIR. .

(4) The user may only refer to an existing business relationship with InterLIR vis-à-vis third parties and the general public with the express consent of InterLIR..

(5) The provisions of this section shall apply accordingly to the relationships between the parties under all principal and any other contracts.

(1) To relations arising from the user agreement, as well as to all principal and other contracts concluded on the site, the law of the Federal Republic of Germany shall apply exclusively. The United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 shall not apply..

(2) If the user has his seat outside the Federal Republic of Germany, Only Regional Court of Berlin shall have jurisdiction for all disputes arising from the user agreement or in connection with this agreement, including pre-contractual claims. However, InterLIR shall have the right to sue the user before the courts of the state in which the user has his seat. The jurisdiction of any other courts is excluded.

(1) There shall be no verbal subsidiary agreements. Existing verbal collateral agreements shall be cancelled..

(2) If any part of these Terms of Use is invalid, the validity of the remaining part shall not be affected. The ineffective part shall be replaced by the agreement which the parties would have made if they had known of the ineffectiveness. If such a provision cannot be determined, both parties shall agree on a valid provision which most closely reflects their mutual economic interests at the time of the conclusion.