(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 the Online Marketplace of the internet platform (www.interlir.com) as suppliers of internet protocol resources or demanders of internet protocol resources, and shall constitute the agreement of use of the internet platform.
(2) By ticking the “I agree” box in the electronic form for registering on the website of the internet platform, 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 internet platform.
(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. An inclusion of any contractual conditions by a letter of confirmation shall be excluded.
(5) 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 internet platform and its Online Marketplace, 2) registered user is a user of the internet platform, who has registered his account on the internet platform for the purpose of selling (or leasing out) his internet protocol resources on the Online Marketplace, or for the purpose of acquisition (purchase or lease) of the internet protocol resources available on the Online Marketplace, 3) suppler is a registered user who has provided information to the Online Marketplace on his internet protocol resources with the purpose to become their seller (in case of sale) or lessor (in case of lease), 4) demander is a registered user who expressed his consent to become buyer (in case of sale) or lessee (in case of lease) of certain internet protocol resources that are made available by suppliers on the Online Marketplace, 5) internet protocol resources are the rights of the supplier against the Regional Internet Registries Réseaux IP Européens Network Coordination Centre (RIPE NCC), American Registry for Internet Numbers (ARIN), Asia-Pacific Network Information Centre (APNIC), Latin American and Caribbean Internet Addresses Registry (LACNIC), and African Network Information Centre (AfriNIC) to use: a. internet protocol version 4 addresses (IPv4 addresses), b. internet protocol version 6 addresses (IPv6 addresses) and c. autonomous system numbers (AS numbers), which are managed by a Regional Internet Registry and which are registered in favor of the supplier.

(1) The registration and the use of the internet platform by the user shall be made exclusively in his own name and for his own account. To be registered, the user shall submit the name of his account and a valid e-mail address in an electronic form on the website of the internet platform. The user shall also accept to be bound by these Terms of Use and shall generate his own password to access his account. The use of aliases and pseudonyms is not permitted either for the user or for natural persons acting on behalf of the user. The name of the account of the registered user shall not violate any intellectual property rights or rights of any third persons.
(2) InterLIR only makes the internet platform available to users who are entrepreneurs within the meaning of section 14 subsection 1 of the German Civil Code. If the status of the registered user as entrepreneur is not confirmed, the user cannot claim in his favor, either against InterLIR or against another user, that he is not an entrepreneur within the meaning of section 14 of the German Civil Code.
(3) The registered user shall have the right to access databases and other information resources of the internet platform. However, InterLIR shall have no obligation to conclude any further agreements with the user.
(4) In order to become a supplier, the registered user shall provide complete and truthful information about his company and his internet protocol resources, and submit the necessary proof. Information of the internet protocol resources of the supplier shall be submitted in an Order Form for management of internet protocol resources, instructing InterLIR to exploit them, with the indication of the type of the desired exploitation (sale or lease).
(5) In order to become a demander, the registered user shall provide complete and truthful information needed for signing a contract with the supplier represented by InterLIR.
(6) 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.
(7) After having checked the information provided by the registered user, InterLIR shall notify him about placement of his internet protocol resources on the Online Marketplace (as supplier), or about the readiness to enter into further contractual relationships with him as with demander, respectively.
(8) Within the scope of availability, the registered user may set up separate access authorizations (user sub-accounts) for natural persons named by him who act on his behalf. In relation to InterLIR and in relation to the other registered users, the setting up of a user sub-account shall be deemed to be the granting of a power of attorney in favor of the authorized natural person to act on behalf of the user, to the extent that access to this account has been granted. In all other respects, the provisions governing registration of the user shall apply accordingly to user sub-accounts.

(1) The registered user shall be entitled to use the internet platform for the conclusion of sale contracts or lease contracts (principal contracts) as a supplier or as a demander in accordance with these Terms of Use. Furthermore, the registered user may request InterLIR to render other services as provided in the price list.
(2) In accordance with these Terms of Use, InterLIR shall enable suppliers to post offers for the sale and lease of internet protocol resources on the internet platform 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 internet platform can only be used by the user within the scope of availability. There shall be no claim to uninterrupted availability of the internet platform. In particular, InterLIR shall be entitled to temporarily restrict the provision of the internet platform 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 not be obliged to store content provided by users on the internet platform on a durable data medium (hard copy).

(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 placement of an offer on the internet platform by a supplier or for the search for offers on the internet platform by a demander.
(3) The supplier shall owe remuneration for each principal contract concluded directly or indirectly through the use of the internet platform. The supplier shall also owe remuneration if the principal contract was concluded outside the internet platform and the use of the Internet platform contributed to the conclusion of this principal contract.
(4) The remuneration for the principal contract shall become due upon its conclusion.
(5) In order to secure all claims of InterLIR arising from the business relationship between InterLIR and the supplier, including conditional and future claims, the supplier upon request of InterLIR shall assign the claims to payment of the purchase price and to payment of the rent to which he is entitled against the demander (third-party debtor) arising from the conclusion of principal contracts concluded directly or indirectly through the use of the internet platform. Further conditions of such assignments may be detailed in the request of InterLIR, and the supplier hereby agrees to be unconditionally bound by these conditions.

(1) InterLIR shall operate the internet platform on a server which is protected against computer viruses, computer worms, malware and other malicious software according to the respective state of the art.
(2) InterLIR shall not be obliged to provide encrypted communication to this server. This applies to both external and internal messages.
(3) For data protection, the information in the data protection declaration of InterLIR shall apply.

(1) The user shall be obliged to use the internet platform exclusively for the purposes intended in accordance with these Terms of Use and within the scope of proper business operations.
(2) When working with the internet platform “InterLIR”, the user undertakes to carry out all actions exclusively in accordance with the instructions (operating instructions) of the internet platform.
(3) The user shall, with the due care of a prudent operator and in accordance with the respective state of the art, protect data processing systems operated by him or for him with which the internet platform 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 internet platform. He shall also notify InterLIR of this fact without delay.
(4) The user shall secure data stored in connection with the use of the internet platform on a data processing system operated by him or on his behalf in a manner that corresponds to the respective state of the art. The backup usually requires the provision of a redundant data backup system.
(5) The user shall be obliged to keep the access data to his user account secret with the diligence of a prudent operator and to protect them from unauthorized access by third parties. If the user has reason to believe that his user account is being misused, he shall inform InterLIR immediately and suspend the use of the internet platform until such misuse ends.
(6) If the user violates the obligations specified in this section, he 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. This shall not apply if the user is not at fault. 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 internet platform 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 internet platform in such a way:
1. that content is made available or disseminated which:
a) glorifies violence, b) is racist, c) is discriminatory with regard to religion, ideology, sexual orientation or identity, race or ethnic origin, gender or disabilities, or d) 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: a) induce others to commit an act of the kind referred to in No. 1 or to commit an act punishable in the Federal Republic of Germany or to participate in such an act,
b) interfere with the data processing of another person, in particular to unlawfully delete, suppress, render unusable or modify the data of another person,
c) destroy, damage, render unusable, remove or modify a data processing equipment of another person or parts thereof, or
d) 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 internet platform 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 an agreement 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 place bids on his own offers for the purpose of price formation.

(1) If a third party raises claims against InterLIR in connection with the use of the internet platform due to the infringement of a right, the user shall release InterLIR from such claims at his own expense. This shall also apply if the user is not at fault.
(2) In the event a claim is raised by a third party against InterLIR, 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. After expiry of the period referred to hereby, the user may not object to InterLIR that the claim of the third party does not exist. The assertion of claims by InterLIR against the user on other grounds shall remain unaffected.
(3) Provisions of this section shall apply accordingly to the relationships between the parties of the principal contracts.

(1) InterLIR shall manage the internet protocol resources for the user after accepting the relevant order form that specifies the internet protocol resources of the user. Such management shall be undertaken by InterLIR in accordance with the provisions of the order form, 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 protocol resources autonomously at his own discretion and without obtaining prior instructions from the user, unless he is subject to the instructions of the user. In particular, InterLIR can dispose of the internet protocol resources of the user in any way and carry out all measures that appear expedient to him.
(3) To the extent the user has issued instructions for an individual case (individual instructions) or for certain types or measures of the management (general instructions), InterLIR shall carry out the management within the scope of these instructions. If a general instruction contradicts an individual instruction, the individual instruction shall be decisive for InterLIR.
(4) InterLIR is entitled to split up existing internet protocol resources in blocks into sub-blocks and to exploit them as well as individual addresses or numbers. In addition, he may exploit internet protocol resources of the user and parts thereof together with internet protocol resources of other principals 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. InterLIR is entitled to transfer the power of attorney granted to him to a third party and grant sub-powers of attorney. The power of attorney shall neither expire with the death of the supplier nor with a change in the legal capacity or legal representation of the supplier.
(6) Until the revocation of the power of attorney, the buyer (the lessee) shall be obliged to make declarations in respect of this agreement exclusively to the authorized representative (InterLIR) and not to the seller (the lessor). If, contrary to the above provisions, the buyer (the lessee) makes declarations to the seller (the lessor), the seller (the lessor) shall only be obliged to forward these declarations to the authorized representative in the ordinary course of business. For this obligation, the seller (the lessor) shall be liable to the buyer (the) lessee only for the care which he is accustomed to exercise in his own affairs. If the buyer (the lessee) violates the obligation, he shall compensate the seller (the lessor) for the resulting damage.
(7) The user shall grant InterLIR access to the databases and object management systems of the respective Regional Internet Registries for the managed internet protocol resources, which enables InterLIR to make independent dispositions in such a way that InterLIR can transfer the internet protocol resources to the other contracting party or grant the other contracting party the use thereof in accordance with the provisions of the principal contract to be performed. 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.
(8) 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 protocol 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. Unless otherwise agreed between the parties, InterLIR is not obliged to surrender a reimbursement or a similar benefit of an agreement to which the user has agreed to.
(9) InterLIR shall take the necessary organizational precautions so that a conflict of interests arising from the management of internet protocol resources for other principals 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.
(10) InterLIR shall only make use of the powers as specified hereby within the scope of the contractual purpose for the user.

(1) The internet platform shall be used by the users exclusively for the conclusion of sale contracts for internet protocol resources as seller or as buyer or for the conclusion of lease contracts for internet protocol resources as lessor or as lessee (principal contracts).
(2) The distribution of other goods or services on the internet platform is not permitted. The same applies to the distribution of claims arising from a principal contract.
(3) Only the supplier and demander are entitled and obligated under a principal contract. InterLIR shall only be liable for an obligation arising from a principal contract if he has concluded such contract himself as supplier or demander. Otherwise liability of InterLIR for the fulfillment of the obligations from a principal contract is excluded.
(4) By concluding an agreement on the sale of internet protocol resources, the seller undertakes vis-à-vis the buyer, by submitting the necessary declarations to the respective Regional Internet Registry, to cause the latter to make entries in its database to the effect that the internet protocol resources sold are transferred to the buyer in such a way that they are registered for the benefit of the buyer. The buyer shall pay to the seller the agreed purchase price.
(5) By concluding an agreement on the lease of internet protocol resources, the lessor undertakes vis-à-vis the lessee to grant the lessee the use of the leased internet protocol resources 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 make the necessary declarations and take the necessary actions with respect to the leased internet protocol resources, 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. The lessee shall pay to the lessor the agreed rent.
(6) Unless unmistakably otherwise specified in an offer:
1.The execution of the sale contract shall be performed in accordance with the Third Part (“Terms of Sale”) of these Terms of Use,
2.The execution of the lease contract shall be performed in accordance with the Fourth Part (“Terms of Lease”) of these Terms of Use.

(1) The registered user can only place offers in the internet platform as a supplier.
(2) Offers are public if they are made accessible to other registered users for the purpose of concluding a principal contract on the internet platform “InterLIR”. The supplier may offer to sell or lease internet protocol resources for a fixed remuneration determined in advance by the supplier (fixed offer) or against highest bid (bidding offer).
(3) Non-public offer, at the request of supplier, shall only be made available to InterLIR for the purpose of concluding a principal contract, as a fixed offer.
(4) The offers shall be placed by the supplier in his own name, unless otherwise is agreed with InterLIR that the offers may be placed by InterLIR on behalf of the supplier.
(5) The offer of the supplier for the principal contract shall contain all information requested by InterLIR and shall not contain any pre-formulated contract conditions, which deviate from the provisions of these Terms of Use. The offer of the seller to conclude a sale contract shall contain at least:
1. the identification of the internet protocol resources to be sold, specifying the block type, the respective Regional Internet Registry and the size of the blocks or the number of addresses to be sold;
2. in case of a fixed offer, the purchase price to be paid;
3. in case of an bidding offer, 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.
(6) The offer of the lessor for the conclusion of a lease contract shall contain at least:
1. the identification of the internet protocol resources to be leased, specifying the block type, the respective Regional Internet Registry and the size of the blocks or number of addresses to be leased;
2. in case of a fixed offer, the rent to be paid;
3. in case of an bidding offer, an acceptance period that can be determined according to the calendar and until the expiry of which bids may be submitted and, if the lease is to be made only subject to a minimum bid, an express reference to this reservation;
4. the duration of the lease of not less than three months and not more than two years and the commencement date of the lease.

(1) Each offer of the supplier shall be binding with the effect that upon the effectiveness of the acceptance by a demander a principal contract shall be concluded between both parties under the terms and conditions of the offer. The supplier may revoke the offer, unless the requirements of subsection 3 are met, only before receipt of a declaration of acceptance.
(2) If an offer is submitted against the highest bid of a demander until the expiry of an acceptance period which can be determined according to the calendar, the supplier shall be bound by it for the duration of the acceptance period. Unless the requirements of subsection 3 are met, the supplier may no longer revoke the offer after receipt of the first bid from a demander before the expiry of the acceptance period. The offer is subject to the condition precedent that the contract is concluded under the conditions of the offer with that demander who has submitted the highest bid at the time of the expiry of the acceptance period or, if the supplier terminates the bidding before the expiry of this period, at this time. Each bid of a demander shall be subject to the condition subsequent that a higher bid is submitted by another demander by the end of the acceptance period.
(3) During the acceptance period only InterLIR shall have the right to process the offers of supplier placed on the internet platform.
(4) After receipt of a declaration of 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.

(1) The principal contract shall come into effect when the declaration of acceptance of the demander becomes effective.
(2) The declaration of acceptance of the demander shall become effective after the expiry of a review period of twenty-four hours from receipt by the supplier, unless the supplier has objected to it in text form before the expiry of this period. If the supplier confirms the declaration of acceptance of the demander in text form before the expiry of the review period referred hereby, the declaration of acceptance shall already become effective upon receipt of the confirmation. The supplier may only object to a declaration of acceptance by the demander if there are well-founded objections in the person of the demander, in particular if the concern is justified that the demander will not fulfill his obligations under the principal contract to be concluded or will not fulfill them in accordance with the contract.
(3) Before the declaration of acceptance becomes effective, the demander may revoke it only if the contract ma be invalidated if it were concluded and the supplier is not entitled to any claims against the demander in connection with this contract.

(1) In case the supplier offers to sell or lease the internet protocol resources 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) In course of the bidding process the demander is required to enter a bid amount; such amount must be equal to or higher than the bid listed by the supplier as the minimum opening bid, and it must be placed within the acceptance period.
(3) Unless otherwise agreed beforehand 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 the demander at the registration on the internet platform.
(4) The demander, being notified by InterLIR as winning bidder, agrees to promptly purchase or lease (as applicable) the internet protocol resources pursuant to the provisions and/or instructions set forth in these Terms of Use, in the e-mail notification of InterLIR, or otherwise provided to him in accordance with these Terms of Use.
(5) Cancellation of a purchase or lease (as applicable) as a result of a default of the demander as a winning bidder shall obligate such demander to pay a 1000.- Euro cancellation fee to InterLIR.

1) InterLIR shall perform the settlement of principal contracts on behalf of the seller (or the lessor) vis-à-vis the other contracting party (the buyer or the lessee, respectively) in accordance with following provisions.
(2) The settlement of a principal contract shall comprise 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. the settlement of existing principal contracts:
a) collection of the consideration owed by the other contracting party to the user under a principal contract;
b) effecting the performance owed by the user to the other contracting party, in particular, transferring the internet protocol resources to buyers and granting the use of the internet protocol resources to lessees by submitting the required declarations to the respective Regional Internet Registry and changes of entries in the database of the respective Regional Internet Registry;
c) conducting correspondence with the other contracting party;
d) monitoring the performance of the obligations incumbent on the other contracting party under a principal contract;
e) extrajudicial assertion of due claims of the user under a principal contract against the other contracting party;
f) issuing warnings to the other contracting party in the event of a breach of duty by the latter;
g) the realization of securities provided by the other contracting party or by a third party in respect of a principal contract, upon instruction of the user;
h) the amendment or supplementation of a principal contract upon instruction of the user;
4. termination of principal contracts:
a) the withdrawal from a sale contract or a lease contract or the termination of a lease contract due to a breach of duty by the other contracting party upon instruction of the user;
b) monitoring the time of expiration of lease contracts concluded for a definite period of time;
c) the settlement of terminated principal contracts, in particular the monitoring of the contractual return of leased internet protocol resources in the case of a lease contract;
d) the extrajudicial assertion of claims on the basis of a withdrawal from a principal contract or on the basis of a termination of a principal contract;
e) the return of securities to the other contracting party after the purpose of the security has ceased to apply;
f) the extrajudicial assertion of claims of the user against the other contracting party in connection with the termination of a principal contract;
5. 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;
6. rendering of accounts in accordance with provision on accountability;
7. other measures regarding the settlement of the principal contract, to the extent that this has been agreed with the user beforehand.
(3) Unless otherwise agreed, InterLIR shall exclusively carry out the measures specified hereby.
(4) InterLIR shall perform the settlement of the principal contracts independently at his own discretion and without obtaining prior instructions from the user, unless otherwise agreed.
(5) To the extent that a measure for the settlement of a principal contract is to be performed only upon instruction of the user, InterLIR shall obtain the resolution of the user prior to its performance. InterLIR may, however, perform such a measure without obtaining the prior resolution of the user if he must assume, based on the circumstances known to him at the time of the performance, that the postponement would entail imminent danger.
(6) 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.
(7) 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.

(1) Each party of the principal contract shall be obliged to designate to the other party in text form a natural person, who is not restricted in his legal capacity, stating his full name, who shall represent him comprehensively in all matters of the contract and in connection with the contract (contact person), including: 1. making and receiving all declarations of intent 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 to the other party by post, telephone and e-mail and must be proficient in German or English. (3) Each party shall be obliged to address declarations in respect of this agreement to the contact person designated by the other party or to send a copy of the declaration to this contact person at the same time. (4) The power of attorney granted to a contact person may be revoked only if another contact person is appointed simultaneously. If a party revokes the power of attorney without appointing another contact person, declarations of the other party shall be deemed to have been received by that party if it has addressed them to the last named contact person.

(1) By concluding a contract on the sale of internet protocol resources (as specified in the respective order form), the seller undertakes vis-à-vis the buyer, by submitting the necessary declarations to the respective Regional Internet Registry, to cause the latter to make entries in its database to the effect that the internet protocol resources sold are transferred to the buyer in such a way that they are registered for the benefit of the buyer. By performing these actions and registering the buyer as the holder of the rights of use with the respective Regional Internet Registry, the seller fulfills the claim of the buyer for transfer of the sold internet protocol resources. (2) The buyer shall pay to the seller the agreed purchase price in advance, as indicated in the respective Order Form. He shall not be entitled to the rights specified in section 320 subsection 1 sentence 1 of the German Civil Code. The provisions of section 321 of the German Civil Code shall remain unaffected. To the extent that the purchase price is subject to turnover tax, such tax shall be paid in addition. The payment of the purchase price shall only be deemed to have been made in due time if the amount owed is at the free disposal of the seller no later than the due date. The sending of the money to the seller in due time shall not be sufficient. (3) Payment for the sale of internet protocol resources shall be carried out through a secure payment provider (Escrow.com) to whom the buyer pays the purchase price and who, after the seller has performed the consideration to the buyer, forwards the purchase price to the seller. Payment charges will be shared equally (50/50) between the buyer and the seller.

(1) The buyer shall be obliged to perform the actions required for the transfer of the sold internet protocol resources to him. (2) In particular, the buyer shall, at his own expense and risk, establish those prerequisites which are required under the rules and regulations of the respective Regional Internet Registry in order to be able to be registered as the holder of the rights to use internet protocol resources. This applies in particular to obtaining membership with the respective Regional Internet Registry, to making entries in the database of the respective Regional Internet Registry and to making declarations to the respective Regional Internet Registry. (3) These actions of the buyer shall be performed at the latest at the time when the purchase price becomes due in accordance with the respective Order Form. The buyer shall be in default of acceptance of the transfer of the sold internet protocol resources, without the necessity of an actual or verbal offer by the seller, if he has not performed these actions in due time. (4) The seller shall not owe the buyer any advice with regard to the actions to be taken by the buyer in order to transfer the sold internet protocol resources.

(1) The sold internet protocol resources are free of defects of title if at the time of transfer of risk: 1. the buyer is registered with the respective Regional Internet Registry as the holder of the rights of use or, if he is in default of accepting the transfer of the sold internet protocol resources, would have been registered without such default; 2. third parties are not entitled to demand cancellation or restriction of registration in accordance with the regulations of the respective Regional Internet Registry, and 3. the respective Regional Internet Registry cannot justifiably deny or restrict the use of the sold internet protocol resources to the buyer on the basis of an objection or defense to which it is entitled due to a breach of duty by the seller. (2) The seller shall not owe any characteristics and legal relationships other than those specified in subsection 1 with regard to the sold internet protocol resources. In particular, a defect of title shall not exist if: 1. the rules and regulations of the respective Regional Internet Registry at the time of the transfer of risk have a different content than that which is publicly published by the Regional Internet Registry on its website or in any other way, or are changed after the transfer of risk to the detriment of the buyer; 2. the respective Regional Internet Registry fails to fulfill its obligations to the buyer arising from the transfer of the sold internet protocol resources or fails to do so in accordance with the contract. (3) The seller does not provide any warranty for freedom from material defects. Declarations and relevant advertising by the seller or a third party which were available before or at the time of the conclusion of this agreement shall not be construed as a warranty within the meaning of section 443 subsection 1 of the German Civil Code unless they are clearly and unambiguously specified as such. (4) The buyer shall inspect the entries in the database of the respective Regional Internet Registry without undue delay, but no later than within one week after the transfer of the sold Internet Protocol Resources, for the existence of a defect of title and, if such a defect of title becomes apparent, shall save the entries in the database in a manner that cannot be subsequently changed (for example, screenshot) on a durable medium. Furthermore, the buyer shall notify the seller of the defect of title and the nature of this defect in text form and by sending the entries to be saved without undue delay, but no later than within one week after the transfer. (5) If the buyer fails to notify the seller in due time, the transfer of the sold internet protocol resources shall be deemed to have been approved with the effect that warranty claims and other claims based on a defect of title cannot be asserted against the seller.

(1) If there is a defect of title as referred to above, the seller shall be obliged to remedy the defect by means of subsequent performance. The subsequent performance shall be carried out in such a way that the seller, at his discretion: 1. registers subsequently the sold Internet Protocol Resources with the respective Regional Internet Registry for the buyer, removes conflicting rights of third parties or objections or objections of the respective Regional Internet Registry that prevent the use of the resources, or 2. procures for the buyer other Internet Protocol resources which are free from defects of title. (2) If the seller is responsible for a defect of title, he shall be liable to the buyer only to the extent of the difference between the higher expenses for procuring other internet protocol resources from a covering purchase at conditions customary in the market and the agreed purchase price. This limitation shall not apply if the seller is at fault due to intent or gross negligence. (3) The rights of the buyer on account of a defect of title shall become time-barred six months after the transfer of risk. This shall not apply if the seller has fraudulently concealed the defect from the buyer.

(1) The risk of accidental loss and accidental deterioration of the sold internet protocol resources shall pass to the buyer upon transfer. If the buyer is in default of acceptance of the transfer of the sold internet protocol resources, the risk shall pass to the buyer upon the commencement of the default. (2) Upon the passing of the risk, the buyer shall be entitled to the benefits and shall bear the burdens of the sold internet protocol resources, in particular, the buyer shall owe the fees due to the respective Regional Internet Registry on the basis of the registration. (3) In the abovementioned cases, the buyer shall release the seller from those liabilities to the respective Regional Internet Registry that would have been owed by the buyer if the acceptance had not been delayed. The seller may specify a reasonable period of time for the buyer to be released. After the expiry of the period, the seller may demand compensation from the buyer for the damage incurred by him as a result of the claim by the respective Regional Internet Registry. After the expiry of this period, the buyer may not assert that the claim of the Regional Internet Registry did not exist. The assertion of claims of the seller for other reasons remains unaffected.

(1) By concluding a contract on the lease of internet protocol resources (as specified in the respective order form), the lessor undertakes vis-à-vis the lessee to grant the lessee the use of the leased internet protocol resources 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 make the necessary declarations and take the necessary actions with respect to the leased internet protocol resources, 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. These instructions of the lessee shall be made in text form to be effective. (2) The lessor shall remain the holder of the rights to use the leased internet protocol resources vis-à-vis the respective Regional Internet Registry for the duration of this agreement, 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 internet protocol resources without the prior consent of the lessor, which shall be given in text form in order to be effective. (3) The lessee shall pay to the lessor the agreed rent monthly in advance at the beginning of each calendar month. To the extent that the rent is subject to turnover tax, such tax shall be paid in addition to the rent. (4) If the rent is payable in a currency other than the Euro, the lessee shall pay it exclusively in this currency, unless otherwise agreed, even if the place of performance is not located in the Federal Republic of Germany. (5) The lessee shall be obligated to pay the rent even if he is in default of acceptance of granting use of the leased internet protocol resources. (6) 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. (7) 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 subsection 1 sentence 1 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 internet protocol resources 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. (8) Payment for the lease of internet protocol resources shall be carried out through an online payment processor (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 processor requests for processing the payment. Payment processing charges shall be borne by the seller.

(1) The administration of the leased internet protocol resources vis-à-vis the respective Regional Internet Registry shall be carried out by the lessor during the term of this agreement. The lessor may use a third party for the administration. Until revoked, the administration of the leased internet protocol resources shall be carried out by InterLIR. (2) Except for the cases specified below, the lessee shall not be entitled to administer the leased internet protocol resources, in particular, the lessee shall not be entitled to make or have entries made in the databases of the respective Regional Internet Registry and to change or have such entries changed. (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. The lessee shall be in default in acceptance of the granting of use of the leased internet protocol resources, without the need for an actual or verbal offer by the lessor, if he has not performed such actions in due time.

(1) The leased internet protocol resources shall be deemed to be free from defects if the lessee is enabled to use them for his own purposes in accordance with this agreement for a contractual use. (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.

(1) 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 this agreement or as a result of use in breach of this agreement. Upon request of the lessor, the damage shall be compensated in money without the necessity to specify a period of time for restoration. (2) If the leased internet protocol resources are not suitable for exploitation or are only suitable to a limited extent for an indefinite period of time due to a transfer of use in breach of this agreement or due to use in breach of this agreement, the lessor may set the lessee a reasonable period of time for the restoration of such suitability. This shall apply in particular if the leased internet protocol resources are recorded in database-based spam filters or similar precautions to prevent undesired data transfer. After the expiry of the period referred to hereby, the lessee shall, at the request of the lessor, compensate the lessor for the value of the internet protocol resources which they would have had for exploitation without the impairment. (3) The lessee shall not be entitled to use the internet protocol resources 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 lessor. (4) 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 internet protocol resources without authorization.

(1) The lease contract shall commence and shall terminate on the dates specified in the respective Order Form. (2) After expiry of the lease term, this agreement shall not be extended for an indefinite period even if the lessee continues to use the leased internet protocol resources and one party does not declare its intention to the contrary to the other party within two weeks; the provisions of section 545 of the German Civil Code shall not apply. (3) If the lessee continues the use of the internet protocol resources after the expiry of the lease term, the lessor may, at his choice, demand compensation for this period in the amount of the agreed lease rent or in the amount of the lease rent customary in the market. The assertion of further damages is not excluded. (4) The right to terminate this agreement 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: a) transfers the leased internet protocol resources 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, b) uses the leased internet protocol resources contrary to these Terms of Use, or c) violates any other obligation incumbent upon him under the lease contract; 2. the lessee: a) is in default of payment of the rent or a not insignificant part thereof for two consecutive dates, b) is in default in the payment of the rent for a period extending over more than two dates, which reaches the rent for two months; or c) is in default with the provision of the rental deposit for more than two weeks. (6) For the lessee, good cause shall exist in particular if the contractual use of the internet protocol resources leased to the lessee 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 text form to be effective. (8) In the event of a premature 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 internet protocol resources 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.

(1) If the lessor disposes of the leased internet protocol resources before the expiry of the lease term, the acquirer shall enter into the rights and obligations under this agreement in place of the lessor if the lessor has agreed this with the acquirer. The lessee already now gives his consent to the transfer of the lease contract. (2) In the event of a disposal of the leased internet protocol resources, the lessor shall inform 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 this agreement by giving two weeks' notice to the end of a calendar month. The notice of termination shall be made in text form to be effective. 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.

(1) The agreement of use shall commence upon conclusion and shall be entered into for an indefinite period of time. (2) InterLIR may terminate the agreement of use by giving one month's notice to the end of any calendar month. The right to terminate the agreement of use for good cause shall remain unaffected. A good cause exists for InterLIR in particular 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 internet platform in a way that entitles InterLIR to block or restrict access to the user 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 1,000.00 Euro for a period of more than two weeks; 4. 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 violates any other contractual obligation towards InterLIR based on these terms of use or based on any other contract in connection with the use of the internet platform; 5. 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 internet platform and to access user accounts including user sub-accounts shall expire upon the effective date of termination and upon any other termination of this contract. The rights and obligations arising from principal contracts that have already been concluded at the time the termination becomes effective 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 internet platform 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. If the breach of duty is committed by a legal representative or an executive employee of InterLIR, InterLIR shall also be liable for ordinary 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. The provisions of section 254 of the German Civil Code shall apply accordingly. (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, unless he caused the instructions to be given by acting contrary to his duties. (4) To the extent InterLIR is liable to the user, his liability 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 right of use shall expire at the latest upon termination of the business relationship. InterLIR shall remain the owner of any business documents made available. The user shall acquire rights of use to such documents only to the extent necessary to achieve the purpose of the contract. They 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 additional contracts.

(1) If the user is a merchant, a legal entity under public law or a special fund under public law and has his seat in the Federal Republic of Germany, the place of jurisdiction for all disputes arising from this agreement or in connection with this agreement, including pre-contractual claims, shall be Berlin. InterLIR shall also have the right to bring an action before the court in whose jurisdiction the seat of the user is located or, to the extent the requirements of section 21 of the German Code of Civil Procedure are met, a branch office of the user is located. The jurisdiction of any other courts is excluded. (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 this 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. (3) Without prejudice to the effects of the provisions with regard to the jurisdiction of the courts, both parties shall be obliged to refrain from asserting claims before a court without jurisdiction. If one party violates this obligation, it shall compensate the other party for any resulting damage. (4) 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.

(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.