Common use of Duties and Obligations of the Customer Clause in Contracts

Duties and Obligations of the Customer. 6.1. The customer has the following duties: a) Customer has to ensure that there are sufficient funds on the respective account, if an arrangement with TKS was made, to pay bills via direct debit or via credit card debit. For each debit balance not realized or returned unpaid, customer shall reimburse TKS to the extent, that customer is liable, for the event which led to the costs. b) The services provided must not be misused, particularly not for the purpose of activities, listed in point 2, last para- graph. Customer shall observe national and international copyright and trademark, patent- and name rights as well as other industrial and personal rights of third parties. c) The standard way to receive the monthly bill free of charge is via e-mail or online. If customer prefers to receive a paper bill, this is possible, but subject to additional charges. The amount of the extra charge for a paper bill is listed in the TKS BOSS Entertainment price list. In the event that customer pays via online payment, they have to make sure to retrieve the online bill at least once a month via the TKS customer account. d) Customer has to grant TKS employees or third parties commissioned by TKS access to customer’s property and any building located thereon at his own expense to the extent that this is necessary to perform testing, installation and maintenance work. e) All access maintenance and modification works may only be performed by TKS. f) Personal access data (e.g. PIN) must not be passed on to third parties and have to be kept at a safe place, where they are inaccessible to third parties. For safety reasons they should be changed, when they are first used as well as in regular time intervals thereafter. If customer has reason to believe, that unauthorized persons have obtained knowledge of the access data, they shall modify them immediately. Ac- cess data may only be stored on electronic storage media (e.g. PC, USB-Stick and CD-ROM) in encrypted form. g) The contents provided by TKS or parts thereof may not be edited, copied or disseminated, shown in public or used for advertising purposes or be employed in any form or for a purpose outside that which has been contractually agreed, unless TKS has given its express prior written consent. h) TKS and its agents shall be indemnified against any and all claims by third parties that are based on the illegal usage of the provided services by customer or with customer’s consent or which arise, in particular from litigation involving data protection, copyright or other laws in connection with the provided services. If customer realizes or becomes aware of the fact that there is an imminent risk of such violation, cus- tomer must immediately inform TKS. 6.2. In case of substantial breaches of the customer’s obli- gations as well as in the event of well-founded suspicions for customer’s breach of contractual duties according to point 7.1 g, TKS has the right to block the respective services at customer’s expense. In this case customer remains obliged to pay the monthly fee. 6.3. TKS must be notified immediately in writing of any change of personal contract data (e.g. names, address, bank connection, e-mail address). 6.4. Customer agrees to protect Internet access as well as other services provided via basic cable connection from unauthorized third party access, e.g. by using a computer password. 6.5. Furthermore customer agrees, not to use the Internet access to operate a server. 6.6. Customer agrees, not to interfere with, modify or dam- age the TKS network or other networks. 6.7. Customer agrees, not to abuse TKS services and, as far as utilization of TKS services is concerned, to comply with general laws, especially penal laws and notably trade prac- ▇▇▇▇ rules etc. and to comply with third party rights, notably copyright laws, licence rights, utilization rights etc.; also cus- tomers must make sure that contents posted via customer’s Internet access or otherwise made available do not infringe upon third party rights and are not punishable by law, morally offensive or in any way illegal; the customer is responsible for any and all contents transmits via internet access or oth- erwise transmitted contents (e.g. e-mail, newsgroups, chat services etc.) 6.8. To take all reasonable safety measures, to exclude an unauthorized third party usage of the terminal equipment (For example, third-party usage of wireless routers). 6.9. To ensure by the installation of appropriate software on their device that there is always a updated protection against viruses, worms, Trojan Horses as well as to prevent access by third parties via the Internet on data, stored in the termi- nals by using a firewall or similar. 6.10. The customer agrees not to utilize the services agreed upon with TKS for business purposes or to make these ser- vices available to third parties in customer’s own name and at customer’s expense. 6.11. The customer commits themselves to take over all charges which have accrued by authorized or unauthorized utilization of the service by third parties, unless the utilization is verifiable that it was beyond customer’s responsibility. The customer commits themselves to refrain from the follow- ing: 6.11.1. Dispatch of unwanted advertising e-mails, junk e- mails, other unwanted messages, so-called mail bombs etc. to individual persons, distribution lists or several news groups (Spamming), 6.11.2. Faking of sender information or other header infor- mation. 6.11.3. Collecting information on persons and their e-mail addresses without owners’ consent. 6.11.4. Access to a resp. sampling of an operating system and/or network (Scanning) and unauthorized monitoring of data traffic flows without owner’s consent. 6.11.5. Utilization of external mail servers (relay) for the dis- patch of messages without owner’s consent. 6.11.6. Distribution of viruses, worms, Trojan Horses etc. 6.11.7. Making equipment provided by TKS available to unau- thorized third parties outside customer’s own premises or other contractually agreed premises. ▇.▇▇.▇. ▇▇ make possible juvenile access to youth- endangering offers.

Duties and Obligations of the Customer. 6.110.1. The customer has the following duties: a) Customer has to ensure that there are sufficient funds on the respective account, if an arrangement with TKS was made, to pay bills via direct debit or via credit card debit. For each debit balance not realized or returned unpaid, customer shall reimburse TKS to the extent, that customer is liable, for the event which led to the costs. b) The services provided must not be misused, particularly not for the purpose of activities, listed in point 2, last para- graph. Customer shall observe national and international copyright and trademark, patent- and name rights as well as other industrial and personal rights of third parties. c) The standard way to receive the monthly bill free of charge is via e-mail or online. If customer prefers to receive a paper bill, this is possible, but subject to additional charges. The amount of the extra charge for a paper bill is listed in the TKS BOSS Entertainment easyConnect Bundle price list. In the event that customer pays via online payment, they have to make sure to retrieve the online bill at least once a month via the TKS customer account. d) Customer has to grant TKS employees or third parties commissioned by TKS access to customer’s property and any building located thereon at his own expense to the extent that this is necessary to perform testing, installation and maintenance work. e) All access maintenance and modification works may only be performed by TKS. f) Personal access data (e.g. PINeasyTV username & Password) must not be passed on to third parties and have to be kept at a safe place, where they are inaccessible to third parties. For safety reasons they should be changed, when they are first used as well as in regular time intervals thereafter. If customer cus- tomer has reason to believe, that unauthorized persons have obtained knowledge of the access data, they shall modify them immediately. Ac- cess Access data may only be stored on electronic elec- tronic storage media (e.g. PC, USB-Stick and CD-ROM) in encrypted form. g) The contents provided by TKS or parts thereof may not be edited, copied or disseminated, shown in public or used for advertising purposes or be employed in any form or for a purpose outside that which has been contractually agreed, unless TKS has given its express prior written consent. h) TKS and its agents shall be indemnified against any and all claims by third parties that are based on the illegal usage of the provided services by customer or with customer’s consent or which arise, in particular from litigation involving data protection, copyright or other laws in connection with the provided services. If customer realizes or becomes aware of the fact that there is an imminent risk of such violation, cus- tomer must immediately inform TKS. 6.210.2. In case of substantial breaches of the customer’s obli- gations as well as in the event of well-founded suspicions for customer’s breach of contractual duties according to point 7.1 g, TKS has the right to block the respective services at customer’s expense. In this case customer remains obliged to pay the monthly fee. 6.310.3. TKS must be notified immediately in writing of any change of personal contract data (e.g. names, address, bank connection, e-mail address). 6.410.4. Customer agrees to protect Internet access as well as other services provided via basic cable connection from unauthorized third party access, e.g. by using a computer password. 6.510.5. Furthermore customer agrees, not to use the Internet access to operate a server. 6.610.6. Customer agrees, not to interfere with, modify or dam- age the TKS network or other networks. 6.710.7. Customer agrees, not to abuse TKS services and, as far as utilization of TKS services is concerned, to comply with general laws, especially penal laws and notably trade prac- ▇▇▇▇ rules etc. and to comply with third party rights, notably copyright laws, licence rights, utilization rights etc.; also cus- tomers must make sure that contents posted via customer’s Internet access or otherwise made available do not infringe upon third party rights and are not punishable by law, morally offensive or in any way illegal; the customer is responsible for any and all contents transmits via internet access or oth- erwise transmitted contents (e.g. e-mail, newsgroups, chat services etc.) 6.810.8. To take all reasonable safety measures, to exclude an unauthorized third party usage of the terminal equipment (For example, third-party usage of wireless routers). 6.910.9. To ensure by the installation of appropriate software on their device that there is always a updated protection against viruses, worms, Trojan Horses as well as to prevent access by third parties via the Internet on data, stored in the termi- nals by using a firewall or similar. 6.1010.10. The customer agrees not to utilize the services agreed upon with TKS for business purposes or to make these ser- vices available to third parties in customer’s own name and at customer’s expense. 6.1110.11. The customer commits themselves to take over all charges which have accrued by authorized or unauthorized utilization of the service by third parties, unless the utilization is verifiable that it was beyond customer’s responsibility. The customer commits themselves to refrain from the follow- ing: 6.11.110.12. Dispatch of unwanted advertising e-mails, junk e- mails, other unwanted messages, so-called mail bombs etc. to individual persons, distribution lists or several news groups (Spamming), 6.11.210.13. Faking of sender information or other header infor- mation. 6.11.310.14. Collecting information on persons and their e-mail addresses without owners’ consent. 6.11.410.15. Access to a resp. sampling of an operating system and/or network (Scanning) and unauthorized monitoring of data traffic flows without owner’s consent. 6.11.510.16. Utilization of external mail servers (relay) for the dis- patch of messages without owner’s consent. 6.11.610.17. Distribution of viruses, worms, Trojan Horses etc. 6.11.710.18. Making equipment provided by TKS available to unau- thorized third parties outside customer’s own premises or other contractually agreed premises. ▇▇.▇▇.▇. ▇▇ make possible juvenile access to youth- endangering offers.