Common use of Preventing Misuse Clause in Contracts

Preventing Misuse. 1. The customer is obliged not to use the services of IQ abusively, above all not to offer any illegal content (e.g. immoral, criminal or anything which violates the law), to provide it in any other way, and not to acquire the offered content illegally. Furthermore, the customer has to ensure that neither users nor potential users of the value-added service receive unsolicited adverts, telephone calls or any other unsolicited message. The customer ensures that the information and value-added services offered are not subject to copyrights, related rights or other rights of third parties and are allowed to be offered on the respective market by the customer or the content provider. 2. In addition to the applicable legal provisions, regulations and regulatory requirements the customer is obliged to adhere to all respectively valid codes of conduct of the country, from which the offered value-added services can be reached. The customer is obliged to inform himself about any country- specific regulation and notification obligation. 3. As the provider of the value-added services, the customer is solely responsible for their content, sale and advertising. The customer has to provide IQ with a detailed description of the planned value-added services in writing, according to the specifications of IQ, in particular containing the information about tariffs, content, the providers responsible for them and the media in which the value-added service is to be advertised. Only after written confirmation of this description by IQ can the affected services of IQ be used. Alterations to the value-added service are only permitted after the confirmation of the adjusted description. An approval by IQ is not a permanent endorsement of the affected value-added service. Each use which deviates from the approved description represents misuse by the customer. 4. IQ is not responsible for the contents of the offered value-added services of its customers or the content providers. Even with approvals as per paragraph 3, IQ does not assume any responsibility for a value-added service; the sole responsibility remains with the customer. The customer will make it clear to the users during the marketing of the value- added service that the content offered is exclusively the content of the customer or of their customers. In no way shall the impression be given that IQ offers this content as its own or that IQ is responsible for the content. 5. The customer is obliged to abstain from all improper use of the service, in particular a) not to bypass the security measure of the systems of IQ or of third parties; b) not to transmit any computer viruses or other damaging or faulty software or to request its remittance; c) not to use anything that could lead to damages or impairment of the installations of IQ or its partners. 6. In case of a violation of paragraphs 1 to 5, IQ may issue the customer with a warning about this. The customer shall completely refrain from the criticised behaviour immediately, although at the latest within two days of receipt of the warning 7. In case of a violation of paragraphs 1 to 5 the customer is furthermore obliged to pay a contractual penalty to IQ of € 1,000 per violation in each individual case. “Individual case” refers to the respectively affected service, value-added service of advertising. 8. The customer has to actively help with the clarification of circumstances, which may represent misuse as per paragraph 1 to 5. In case of any enquiries about the value- added services or their advertising, IQ is allowed to directly refer them to the customer and pass on their contact details. For this purpose, the customer shall make its official contact address including the names and address of the people authorised to represent it available to IQ; each alteration to this core data has to be notified to IQ immediately in writing. These regulations continue to apply after the end of this contract. 9. IQ shall charge the customer a reasonable one-off fee of at least € 150 per case for expenses incurred in connection with any non- contractual use of the services of IQ. ▇▇. ▇▇ explicitly reserves the right to assert other compensation claims. Among others, the customer has to immediately cover any contract fine that may be imposed by any carrier.