Terms of Lease of the IP Addresses
Terms of Lease of the IP Addresses
Section L.1. Lease of IP Addresses.
(1) By concluding a contract on the lease of IP addresses (as specified in the order form), the lessor undertakes vis-à-vis the lessee to grant the lessee the use of the leased IP addresses for his own purposes without transferring them to the lessee by changing the entries in the databases of the respective Regional Internet Registry. To the extent it is necessary for granting the contractual use, the lessor shall undertake the necessary actions with respect to the leased IP addresses, in particular, upon the instruction of the lessee, make entries in the databases and in the object management system of the respective Regional Internet Registry or grant the lessee access to them.
(2) The lessor shall remain the holder of the rights to use the leased IP addresses vis-à-vis the respective Regional Internet Registry for the duration of the lease contract, in particular, there shall be no transfer of such rights to the lessee. The lessee is not entitled to grant third parties the use of the leased IP addresses without the prior written consent of the lessor.
(3) The lessee shall pay to the lessor the agreed rent monthly, starting from the commencement date of the lease term. If the rent is subject to turnover tax, such tax shall be paid in addition to the rent.
(4) The rent and payment obligations of the lessee are in Euros.
(5) The payment of the rent shall only be deemed to have been made in due time if the amount owed is at the free disposal of the lessor no later than the due date. The sending of the money to the lessor in due time shall not be sufficient.
(6) If the lessee is in default with the payment of the rent, the lessor may exercise the rights to which he is entitled pursuant to section 320 of the German Civil Code, in particular, he shall have the right to refuse to grant the use and to refuse to maintain the granting of the use of the leased IP addresses until the rent in arrears have been paid. For the duration of the exercise of this right, the lessee shall not be released from his obligation to pay the rent.
(7) The rent of IPv4 Addresses may be raised on an annual basis with a prior (60 days) notice to the lessee.
(8) Payment for the lease of IP addresses shall be made through an online payment transfer operator (Stripe Inc.) to whom the lessee pays the rent and who forwards the rent to the lessor. Both the lessor and the lessee shall provide all necessary corporate documents that the payment transfer operator requests for processing the payment. In particular, the lessor agrees to become the owner of the connected account at Stripe Inc, being bound by Stripe Service (https://stripe.com/DE/legal/ssa) and Connected Account (https://stripe.com/de/legal/connect-account) Agreements. Payment processing charges shall be borne by the lessee.
(9) The lessor shall retain rights to terminate this agreement and to terminate all rights to the Lessee within 48 hours of written notification or digital notification notwithstanding any previous agreements, if the Lessee, or the Lessee’s customer(s) is determined to have Unaddressed Significant Abuse associated with contracted leased IP addresses. Unaddressed Significant Abuse is defined as multiple unresolved complaints greater than 48 hours from time of complaint to 3rd party market monitoring services that scan for IP abuse, such as Spamhaus or similar. In the event of such termination, the Lessee shall not be entitled to any form of compensation or refunds for any payments made.
(2) The lessor shall remain the holder of the rights to use the leased IP addresses vis-à-vis the respective Regional Internet Registry for the duration of the lease contract, in particular, there shall be no transfer of such rights to the lessee. The lessee is not entitled to grant third parties the use of the leased IP addresses without the prior written consent of the lessor.
(3) The lessee shall pay to the lessor the agreed rent monthly, starting from the commencement date of the lease term. If the rent is subject to turnover tax, such tax shall be paid in addition to the rent.
(4) The rent and payment obligations of the lessee are in Euros.
(5) The payment of the rent shall only be deemed to have been made in due time if the amount owed is at the free disposal of the lessor no later than the due date. The sending of the money to the lessor in due time shall not be sufficient.
(6) If the lessee is in default with the payment of the rent, the lessor may exercise the rights to which he is entitled pursuant to section 320 of the German Civil Code, in particular, he shall have the right to refuse to grant the use and to refuse to maintain the granting of the use of the leased IP addresses until the rent in arrears have been paid. For the duration of the exercise of this right, the lessee shall not be released from his obligation to pay the rent.
(7) The rent of IPv4 Addresses may be raised on an annual basis with a prior (60 days) notice to the lessee.
(8) Payment for the lease of IP addresses shall be made through an online payment transfer operator (Stripe Inc.) to whom the lessee pays the rent and who forwards the rent to the lessor. Both the lessor and the lessee shall provide all necessary corporate documents that the payment transfer operator requests for processing the payment. In particular, the lessor agrees to become the owner of the connected account at Stripe Inc, being bound by Stripe Service (https://stripe.com/DE/legal/ssa) and Connected Account (https://stripe.com/de/legal/connect-account) Agreements. Payment processing charges shall be borne by the lessee.
(9) The lessor shall retain rights to terminate this agreement and to terminate all rights to the Lessee within 48 hours of written notification or digital notification notwithstanding any previous agreements, if the Lessee, or the Lessee’s customer(s) is determined to have Unaddressed Significant Abuse associated with contracted leased IP addresses. Unaddressed Significant Abuse is defined as multiple unresolved complaints greater than 48 hours from time of complaint to 3rd party market monitoring services that scan for IP abuse, such as Spamhaus or similar. In the event of such termination, the Lessee shall not be entitled to any form of compensation or refunds for any payments made.
Section L.2. Administration of the Leased IP Addresses.
(1) The administration of the leased IP addresses vis-à-vis the respective Regional Internet Registry shall be carried out by InterLIR out on behalf of the lessor during the term of the lease contract.
2) Except for the cases specified below, the lessee shall not be entitled to administer the IP addresses, in particular, the lessee shall not be entitled to make entries in the databases of the respective Regional Internet Registry or to change such entries.
(3) The lessor may set up data processing objects for the lessee in the databases and in the object management system of the respective Regional Internet Registry, which are subject to access and management by the lessee. In this case, the lessee shall establish, at his own expense and risk, the conditions required by the regulations and technical specifications of the respective Regional Internet Registry to access and manage the data processing objects, as instructed by InterLIR.
(4) The lessor may, at his reasonable discretion, during the term of the lease, change the configuration of the data processing objects or replace them with another configuration. He shall notify the lessee of the change or replacement in good time so that the lessee can establish the mentioned conditions by the time of the change or replacement.
(5) The actions of the lessee referred to in subsection 3 shall be performed at the commencement of the lease at the latest, and the actions of the lessee referred to in subsection 4 shall be performed at the date of modification or replacement of the objects at the latest.
2) Except for the cases specified below, the lessee shall not be entitled to administer the IP addresses, in particular, the lessee shall not be entitled to make entries in the databases of the respective Regional Internet Registry or to change such entries.
(3) The lessor may set up data processing objects for the lessee in the databases and in the object management system of the respective Regional Internet Registry, which are subject to access and management by the lessee. In this case, the lessee shall establish, at his own expense and risk, the conditions required by the regulations and technical specifications of the respective Regional Internet Registry to access and manage the data processing objects, as instructed by InterLIR.
(4) The lessor may, at his reasonable discretion, during the term of the lease, change the configuration of the data processing objects or replace them with another configuration. He shall notify the lessee of the change or replacement in good time so that the lessee can establish the mentioned conditions by the time of the change or replacement.
(5) The actions of the lessee referred to in subsection 3 shall be performed at the commencement of the lease at the latest, and the actions of the lessee referred to in subsection 4 shall be performed at the date of modification or replacement of the objects at the latest.
Section L.3. Warranty.
(1) The leased IP addresses shall be deemed to be free from defects if the lessee is able to use them for his own purposes in accordance with the lease contract.
(2) The lessee may only assert rights due to a defect, in particular the right to reduce the rent and to exercise a right of retention, if this right has been legally established or is undisputed. To the extent the lessee has made payments on the rent without legal cause on the basis of the above restriction, he shall be entitled to claims in accordance with the provisions on the surrender of unjust enrichment even if he has not expressly reserved the right of reclaim.
(3) The lessee shall compensate the lessor for any damage incurred by the lessor as a result of transfer of use to a third party in breach of the lease contract or as a result of use in breach of the contract. Upon request of the lessor, the damage shall be compensated in money without the necessity to specify a period of time for restoration.
(4) If the leased IP addresses become unsuitable for exploitation or become suitable to a limited extent due to any use in breach of the lease contract, and in particular if the leased IP addresses are recorded in database-based spam filters or similar precautions to prevent undesired data transfer, InterLIR may, on behalf of the lessor, set the lessee a time period of seven calendar days for the restoration of such suitability. After the expiry of this period, InterLIR shall be entitled to delist such IP addresses, and the lessee shall compensate a fee for delisting, as specified in the Price List.
(5) The lessee shall not be entitled to use the IP addresses leased to him for purposes prohibited by law, by virtue of a statute or by virtue of an enforceable official order in the state of his seat as well as in the state of the seat of the lessor.
(6) The lessee shall take the technical precautions required in accordance with the respective state of the art and with the diligence of a prudent user that third parties cannot access the leased IP addresses without authorization.
(2) The lessee may only assert rights due to a defect, in particular the right to reduce the rent and to exercise a right of retention, if this right has been legally established or is undisputed. To the extent the lessee has made payments on the rent without legal cause on the basis of the above restriction, he shall be entitled to claims in accordance with the provisions on the surrender of unjust enrichment even if he has not expressly reserved the right of reclaim.
(3) The lessee shall compensate the lessor for any damage incurred by the lessor as a result of transfer of use to a third party in breach of the lease contract or as a result of use in breach of the contract. Upon request of the lessor, the damage shall be compensated in money without the necessity to specify a period of time for restoration.
(4) If the leased IP addresses become unsuitable for exploitation or become suitable to a limited extent due to any use in breach of the lease contract, and in particular if the leased IP addresses are recorded in database-based spam filters or similar precautions to prevent undesired data transfer, InterLIR may, on behalf of the lessor, set the lessee a time period of seven calendar days for the restoration of such suitability. After the expiry of this period, InterLIR shall be entitled to delist such IP addresses, and the lessee shall compensate a fee for delisting, as specified in the Price List.
(5) The lessee shall not be entitled to use the IP addresses leased to him for purposes prohibited by law, by virtue of a statute or by virtue of an enforceable official order in the state of his seat as well as in the state of the seat of the lessor.
(6) The lessee shall take the technical precautions required in accordance with the respective state of the art and with the diligence of a prudent user that third parties cannot access the leased IP addresses without authorization.
Section L.4. Lease Term.
(1) The lease contract shall commence on the dates specified in the order form.
(2) Upon expiry of the minimal initial term, the contract will be automatically extended on a monthly basis unless terminated by either party according to the Terms of Lease of this agreement.
(2A) In order to prevent the automatic prolongation of the lease after the minimal initial term, the lessee/lessor must submit a written cancellation request to the lessor/lessee before the next scheduled prolongation date. Failure to submit this cancellation request in time will result in the automatic extension of the lease on a monthly basis, as outlined in (2).
(3) The lessor reserves the right to revoke the leased IP Addresses in whole on in part with a 90 days notice to the lessee.
3A) Before the minimal initial term of the lease expires, the lessor reserves the right to revoke the leased IP Addresses in whole on in part with a 60 days written notice to the lessee.
(3B) After the minimal initial term of the lease expires, the lessee reserves the right to terminate the lease agreement within 30 days to the next prolongation date of the contract with a written notice to the lessor.
(4) The right to terminate the lease contract for good cause shall remain unaffected.
(5) A good cause shall exist for the lessor in particular if: 1. the lessee intentionally or grossly negligently or in spite of a warning by the lessor and the unsuccessful expiration of a reasonable period of time for remedy either transfers the leased IP addresses to a third party for use in whole or in part without the consent of the lessor or contrary to the consent of the lessor, or uses the leased IP addresses contrary to these terms of lease, or violates any other obligation incumbent upon him under the lease contract; 2. the lessee is in default of payment of the rent for more than one week or the total debt to the lessor and/or to InterLIR platform is more than 500 EUR.
(6) For the lessee, good cause shall exist in particular if the contractual use of the leased IP addresses is not granted to the lessee in due time or is subsequently withdrawn from the lessee in spite of a warning and the unsuccessful expiry of a reasonable period of time for remedy.
(7) Any termination shall be made in writing to be effective.
(8) In the event of an early termination of the lease, the party responsible for the termination shall be obliged to compensate the other party for the resulting damage. For the lessor, this damage shall exist to the extent the leased IP addresses before the expiry of the lease term:
1. are not leased to another party, in the amount of the agreed rent, or
2. are leased to another party, in the amount of the difference between the agreed rent and the rent obtained from the lease to the other party.
The assertion of further damages by the lessor is not excluded.
(2) Upon expiry of the minimal initial term, the contract will be automatically extended on a monthly basis unless terminated by either party according to the Terms of Lease of this agreement.
(2A) In order to prevent the automatic prolongation of the lease after the minimal initial term, the lessee/lessor must submit a written cancellation request to the lessor/lessee before the next scheduled prolongation date. Failure to submit this cancellation request in time will result in the automatic extension of the lease on a monthly basis, as outlined in (2).
(3) The lessor reserves the right to revoke the leased IP Addresses in whole on in part with a 90 days notice to the lessee.
3A) Before the minimal initial term of the lease expires, the lessor reserves the right to revoke the leased IP Addresses in whole on in part with a 60 days written notice to the lessee.
(3B) After the minimal initial term of the lease expires, the lessee reserves the right to terminate the lease agreement within 30 days to the next prolongation date of the contract with a written notice to the lessor.
(4) The right to terminate the lease contract for good cause shall remain unaffected.
(5) A good cause shall exist for the lessor in particular if: 1. the lessee intentionally or grossly negligently or in spite of a warning by the lessor and the unsuccessful expiration of a reasonable period of time for remedy either transfers the leased IP addresses to a third party for use in whole or in part without the consent of the lessor or contrary to the consent of the lessor, or uses the leased IP addresses contrary to these terms of lease, or violates any other obligation incumbent upon him under the lease contract; 2. the lessee is in default of payment of the rent for more than one week or the total debt to the lessor and/or to InterLIR platform is more than 500 EUR.
(6) For the lessee, good cause shall exist in particular if the contractual use of the leased IP addresses is not granted to the lessee in due time or is subsequently withdrawn from the lessee in spite of a warning and the unsuccessful expiry of a reasonable period of time for remedy.
(7) Any termination shall be made in writing to be effective.
(8) In the event of an early termination of the lease, the party responsible for the termination shall be obliged to compensate the other party for the resulting damage. For the lessor, this damage shall exist to the extent the leased IP addresses before the expiry of the lease term:
1. are not leased to another party, in the amount of the agreed rent, or
2. are leased to another party, in the amount of the difference between the agreed rent and the rent obtained from the lease to the other party.
The assertion of further damages by the lessor is not excluded.
Section L.5. Disposal of IP Addresses.
(1) If the lessor disposes of the leased IP addresses before the expiry of the lease term to another owner, such acquirer shall enter into the rights and obligations under the lease contract in place of the lessor unless the lessor has agreed otherwise with the acquirer. The consent of the lessee to the transfer of the lease contract is considered to have been obtained in advance.
(2) In the event of a disposal of the leased IP addresses, the lessor shall notify the lessee of this fact and the person of the acquirer in text form within two weeks.
(3) If the lessee cannot reasonably be expected to continue the lease due to an important reason relating to the acquirer, he may terminate the lease contract by giving two weeks' notice to the end of a calendar month. The right of termination may only be exercised within a period of two weeks from the time when the lessee was aware of these conditions or should have been aware of them under the circumstances.
(2) In the event of a disposal of the leased IP addresses, the lessor shall notify the lessee of this fact and the person of the acquirer in text form within two weeks.
(3) If the lessee cannot reasonably be expected to continue the lease due to an important reason relating to the acquirer, he may terminate the lease contract by giving two weeks' notice to the end of a calendar month. The right of termination may only be exercised within a period of two weeks from the time when the lessee was aware of these conditions or should have been aware of them under the circumstances.