Terms of Service
1.1. page4 is a product of page4 Corporation, USA, (hereinafter called “Provider”). By registering as a user of page4, (hereinafter called “page4 user”) you accept our General Terms and Conditions (GTC). These GTC apply to all versions of page4 named in paragraph 2. If a paragraph is only applicable for a certain version, then this paragraph is labeled with the additional text, “For version xxx only.”
1.2. This offer is intended solely for persons who have reached the age of 15.
1.3. The Provider reserves the right to expand, change, or deactivate functions and services. This applies in particular if these changes serve technical progress, are necessary to make future enhancements possible, or correct errors and improve the stability of page4. These changes can also be made to prevent misuse. The Provider shall only make changes if these are reasonable for the page4 user or legal regulations require such changes.
1.4. Changes and improvements made could lead to an altered presentation of the website. Likewise, updates could lead to a situation in which individual page4 websites are temporarily inaccessible or not editable. In this case, the page4 user is not entitled to a right to object or a claim for damages.
1.5. The Provider can change the content of these GTC at any time with the consent of the page4 user. The consent is considered to be granted if the page4 user does not object to the change within 4 weeks after publication. The Provider shall immediately inform the page4 user by email after publication of the change to the GTC.
2. Subject matter of contract and conditions of use
2.1. The Provider shall make a service available to all page4 Users that enables them to create their own websites online, fill these pages with their own content, and design them in the framework of functions offered by page4.
2.2. Currently, (as of January, 2017) there are follow versions of page4:
a) A complementary page4 free version with pop-up ads
b) A page4 light version requiring payment without advertising
c) A page4 premium version requiring payment without advertising
d) A page4 professional version requiring payment without advertising
You will find a functional overview on our website.
2.4. Special conditions for the page4 free version with advertising (2.2.a)
2.4.1 The page4 user is not authorized to remove or conceal with technical means advertising placed on his site.
2.4.3 It is strictly prohibited to place information on the website that requests clicking on the pop-up advertisements.
2.4.4 In the case of non-compliance, the Provider is authorized to block the website and cancel the contract without notice. The Provider shall, if possible, inform the page4 user beforehand and give him the opportunity to switch to the page4 premium version requiring payment.
2.5 The page4 user has to provide a sufficient legal disclosure for complying with legal regulations.
2.6 The Provider is authorized to end the free service or parts thereof at any time without giving reasons. The page4 user shall have no claim to damages or continued use in the event service is stopped.
2.7 The Provider is authorized to delete a free website and all contents on this website after an appropriate period (90 days), if the page4 user has not even logged in to edit his page during this period. The Provider shall, if possible, inform the page4 user by email before a deletion. Please note: A deletion will only be performed if a review of the website suggests that the page4 user has no interest in further use.
2.8 The websites shall be published under a subdomain. This subdomain can be different depending on the language version. The name of a website (username) is only available once, depending on the respective domain.
2.9 The page4 user is not authorized to reroute an externally hosted domain to his page4 free website, or to display the page4 free website in an external website through a frame or iFrame. In the case of non-compliance, the Provider is authorized to block the website and cancel the contract.
2.10 Emphasizing (or providing a platform or advertising for) trade or giving away virtual currencies or goods (especially of online communities and online games) is not permitted and can result in immediate exclusion from the page4 program.
3. Rights and obligations in connection with user data
3.1 The page4 user guarantees that the personal data entered is true, complete and up-to-date. The page4 user acknowledges that his data will be registered and saved, and by confirming his registration agrees to this. The Provider guarantees that the data collected shall not be transmitted to third parties under any circumstances, unless the page4 user expressly agrees to a transmission. Every page4 user is obligated to promptly update his or her personal data. Damage caused by incorrectly stored data shall be charged solely to the page4 user. The Provider is not obligated to verify the current data of the page4 user.
3.2 The page4 user is obligated to carefully store the access data provided to him and protect it from third party access, as well as to protect this data from misuse and loss. The page4 user shall indemnify the provider against costs and claims of third parties, as well as any claims for damages in the case of data loss caused by the misuse of this data.
3.3 The Provider is in principle only obligated to publish the saved access data in a verified, legitimate case. The page4 user has to ensure that he can prove his own identity sufficiently if he loses the access data.
3.4 The Provider is authorized to send newsletters in irregular intervals to the page4 user’s indicated email. The page4 user accepts that the free use of page4 with or without pop-up ads is only valid in conjunction with this Agreement. In the case of an objection on the part of the page4 user, the right to use page4 for free expires, and the Provider is authorized to block, and if necessary, delete the page4 user’s account.
3.5 The page4 user has to ensure that the email, to which the provider sends the newsletter, functions properly. The Provider can block or delete accounts that are not accessible through the email at any time and without notice.
4. Duties of the user in connection with the contents and use of a page4 website.
4.1 The page4 user is responsible for ensuring that the contents of the websites created with page4 do not violate applicable law.
4.2 The storing and offering of contents that are pornographic, extreme (especially right-wing or left-wing extremism), or which incite people, glorify violence, are racist or violate public decency, is not permitted. In this case, it is irrelevant whether these contents are visible or password-protected.
4.3 It is not permitted to provide copyright protected data, especially text, image, music and video data, for downloading. Such data shall not be provided directly, or in connection with a decentralized network, or as a member in a file-sharing network. This also applies if such contents are made accessible through links or other interactive connections that the page4 user places on third party sites.
4.4 The page4 user guarantees and is responsible for ensuring that the contents of the websites created with page4 and actions associated therewith do not violate the rights of third parties, including their personal rights.
4.5 The page4 user is solely responsible for all contents on page4 websites created by the user. The Provider is not obligated to review page4 websites for possible violations of the law.
4.6 The page4 user guarantees and is responsible for ensuring that the websites created by him comply with the applicable laws in the respective country. The page4 user shall expressly undertake to fulfill a possible obligation to include a legal disclaimer without being asked.
4.7 The page4 user realizes that design templates and image material contained in page4 may only be used together with a page4 website. It is expressly prohibited to use design images and material outside of page4. Storage of the page4 website, in order to then use this site on an external server, is forbidden and will lead to a law suit due to copyright infringement.
4.8 The page4 user himself is responsible for backing up the uploaded data. The Provider shall not provide a tool for data storage. The Provider shall backup the data of all page4 websites at regular intervals and provide these backups upon request to the page4 user. The Provider cannot give a guarantee that all current data is contained in the backup copy. In principle, the Provider cannot be held responsible for data loss.
4.9 Sending mass emails, especially without the consent of the respective recipients, is strictly prohibited, and shall lead to an immediate blocking of the website.
4.10 The Provider is authorized to immediately block, and if necessary, delete websites with unauthorized contents without separate notice.
4.11 If a page4 user substantially violates the GTC or despite warning does so, the Provider is authorized to terminate the contractual relationship for good cause without notice. The Provider has the right to block and if necessary delete the website in the case of violations of the GTC. If there is a blocking, the Provider shall immediately inform the page4 user of the reasons for the blocking.
5. Term of contract, periods of notice and fees
5.1 The unlimited use of page4free with or without pop-up ads is possible for as long as the Provider offers this service for free. If the page4 user violates the GTC, the Provider is authorized to exclude the page4 user from further free use and to block and if necessary delete the page4 website that is responsible for violating the GTC.
5.2 The page4 user can terminate his free account online at any time without a period of notice and without giving reasons for doing so. To do so, he must email the Provider his data (email used, password and name of the website) or use the form for deletion of a homepage available on the Provider’s website. A deletion without sufficient proof of legitimation is excluded and only possible in exceptional cases. In the case of a deletion, the Provider is obligated to delete all of the page4 user’s data and to stop sending him newsletters.
5.3 Only for page4 premium websites requiring payment: The contract term of a page4 premium version is 12 months and shall renew automatically for an additional 12 months if the user does not terminate the contract within the period of notice. A termination must reach the Provider no later than 4 weeks before expiration of the contract term. The termination must be in writing. A termination by email is permitted. The termination shall only be considered received when the Provider confirms the termination.
5.4 Only for page4 premium websites requiring payment: A domain is included in the page4 premium package. The user can post any number of additional domains for an extra fee. The issuing of domains is managed by different organizations (DENIC, SWITCH and others). Therefore, the Provider acts merely as an agent between the page4 user and the domain registrar. In addition to these GTC, the valid registration conditions and guidelines for the respective domain endings are applicable. These additional conditions are a fundamental part of the contract. Upon request, the page4 user shall receive from the Provider the corresponding links to the respective registration conditions.
5.5 Only for page4 premium websites requiring payment: The page4 user is obligated to supply correct and complete data for a domain registration in accordance with the regulations. For the registration, the data of the domain owner (registrant) and the data of the administrative contact partner (Admin-C) are required. The registrant can also be a legal person (company or organization); the Admin-C must by necessity be a natural person. The Provider shall always act as technical contact with regard to the respective registration office. For registering a domain, an actual postal address as well as a valid email address and telephone number are basically required, in addition to the name. Indicating a PO Box is not permitted. Changes to the data are to be immediately reported to the Provider without being asked.
5.6 Only for page4 premium websites requiring payment: The page4 user acknowledges that registering or moving a domain shall only be carried out after payment is successfully received by the Provider. The Provider shall make no guarantee that the requested domain can be assigned and / or that the assigned domain is free of third party rights. In particular, the page4 user shall indemnify the Provider any liability claims in connection with the registration of domains. The Provider has no influence on the granting of domains by the respective domain registry. In particular, information about the availability of a domain is merely based on the information of third parties and refers exclusively to the time of the inquiry by the Provider. No guarantee can be made that a domain declared as free upon ordering is still available when the Provider arranges registration after receipt of payment. In this case, the page4 user can look for another free domain.
5.7 Only for page4 premium websites requiring payment: Changing the name of a domain already registered is not possible. In this case, the page4 user has the opportunity to order an additional domain requiring payment and to cancel the domain already ordered. If the domain applied for belongs to the page4 user, the Provider shall release the page4 user to transfer this domain through a Connectivity Coordination Application to the Provider or to link the domain with the page4 account. In this case, the Provider shall provide the technical data to the page4 user. In the case of a linking, the page4 user shall release the Provider of all support duties concerning the domain. If there is a change of providers, the page4 user is responsible for providing all necessary data.
5.8 Only for page4 premium websites requiring payment: If the page4 user does not cancel his contract on time, or if the page4 user has failed to pay by the due date, the Provider is authorized to reject a change of providers until the outstanding fees have been completely paid. The page4 user can have his provider changed at any time for additionally ordered and purchased domains. The page4premium contract shall not be affected thereby. All statements in connection with a domain basically require the written form. If the Provider cannot promptly release an applied for change of providers because delays on the part of the new provider or the page4 user occur, or because the requirements necessary for approval are not given and the domain registry therefore insists that the Provider fulfill his duty, then the Provider is authorized to deny the change of providers until the page4 user has paid the costs incurred thereby (new annual fee). If the page4 user refuses to pay the outstanding annual fees, the Provider reserves the right to take further legal action. In this case in particular, the Provider has the right after a delay of payment of more than 6 weeks to close the unpaid domain either at the respective issuing registry, or to transfer the domain to the issuing agency for further administration. In this case, the page4 user shall incur significant costs that will be collected by the respective issuing registry.
5.9 Only for page4 premium websites requiring payment: The page4 user is obligated to immediately inform the Provider if he loses the rights to a domain registered to him.
5.10 Only for page4 premium websites requiring payment: The currently effective prices of the page4premium version are located on the Provider’s website. Aside from extra one-off amounts designated for special services, the prices represent an annual usage fee to be paid in advance annually each time.
5.11 Only for page4 premium websites requiring payment: After the end of the contractual relationship, the Provider shall immediately delete all of the page4 user’s data. The exception to this is simply data that must be stored for a specific period of time due to legal regulations. The Provider is not obligated to store data such as emails, images or texts found on the server after the contract ends, and shall be released from any liability. The page4-user is himself responsible for promptly saving all his relevant data. A transfer of the website created with page4 to an external server is not possible. The Provider is authorized to have non-transferred domains at the respective issuing registry deleted after the end of the contractual relationship without consulting with the page4 user. In this case, the Provider shall be released of any liability.
5.12 Only for page4 premium websites requiring payment: In the case of delayed payment, the Provider is authorized to block the page4 website and deactivate the email accounts. The Provider shall inform the page4 user of the reason for blocking. If the page4 user ignores the Provider’s further demands for payment, the Provider is authorized to delete the website and have the domain at the respective domain registry deleted. The page4 user is aware that if a website is deleted, the email accounts and emails not accessed will also be automatically and finally deleted. In this case, the Provider shall be released of any liability.
6. Provision of service, liability and data protection
6.1 The Provider shall endeavor to continuously provide the page4 websites and error-free functionality. The page4 user acknowledges, however, that uninterrupted availability of the page4 websites cannot be realized due to technical reasons and external influences. The page4 user has no claim to 100% availability.
6.2 The Provider reserves the right to temporarily block access to the page4 user websites at short notice in order to make technical improvements, eliminate errors and malfunctions, and optimize the systems. If possible, the Provider shall inform the page4 user beforehand by email.
6.3 For flawless functionality in the Admin-Mode, certain technical preconditions are necessary. Errors and service interruptions due to disregarding these preconditions are not the responsibility of the Provider.
6.4 The Provider shall not be liable for data loss or the unauthorized knowledge of the page4 user’s personal data obtained by third parties, regardless of whether this takes place due to external influence or due to errors by the page4 user.
6.5 Liability in the case of technical errors in software, which lead to a loss of data, is excluded. The page4 user is himself responsible for appropriate data backup.
6.6 The Provider is not liable for the contents and activities of the page4 user.
6.7 The Provider is not liable for damages that result from the unavailability of the service.
6.8 Regardless of the liability question, the highest amount that the Provider can be liable for is the equivalent of an annual usage fee for an account requiring payment.
6.9 In the case of free access, the Provider shall collect, store, and use the page4 user’s indicated email only. If the Provider ascertains an invalid email, he is authorized to block, and if necessary, delete the associated website. The Provider is not liable for damages that are caused by an email address that is no longer valid.
6.10 The Provider is authorized to review the data stored by the page4 user on his website at any time for violations of the law or the GTC. The page4 user is aware that the data stored can be viewed at any time. In addition, it is theoretically possible that data of the page4 user of page4 could be viewed by unauthorized third parties through the network (Internet).
7. Concluding provisions
7.1 If a stipulation of the contractual conditions is invalid or becomes so, or if the contract is incomplete, the remaining contents of the contract shall not be affected thereby.
7.2 According to § 33, paragraph 1 of the German Federal Data Protection Act (BDSG), as well as § 4 of the Teleservices Data Protection Act (TDSV), it should be noted that the page4 user’s data shall be processed in machine-readable form.