(1) proTECTr is an offer from procilon GmbH (hereinafter: the provider) to electronically transmit encrypted data to third parties. (2) For this purpose, the provider provides software that is used over the Internet (hereinafter: proTECTr). For use, the user's first name, surname and a valid email address must be entered and a password must be set. An electronic certificate that uniquely identifies the user is generated from this information.
(1) The availability of proTECTr is 98.5% on an annual average including maintenance work, but the availability must not be impaired or interrupted for more than two calendar days in a row. (2) The provider is released from the obligation to provide proTECTr if and to the extent that this is due to the occurrence of circumstances that are not in the area of responsibility of the provider or third parties commissioned by him or are based on force majeure. (3) Force majeure circumstances include war, strikes, riots, expropriations, fundamental changes in the law, storms, floods and other natural disasters as well as other circumstances for which the provider is not responsible. This also includes water ingress, power failures and interruptions or destruction of the necessary data lines.
In particular, the user will fulfill the following obligations: (1) He will observe all statutory provisions (e.g. also industrial property rights, copyrights and competition law) when using proTECTr. Furthermore, he will not use the proTECTr to transmit any illegal content that violates the law, official requirements or the rights of third parties. In particular, he will not use proTECTr to transmit content that glorifies war, right-wing or left-wing radicals, child pornography or content that violates human dignity. (2) Furthermore, the user will not use proTECTr to send computer damaging software or parts thereof. (3) The user will not harass other proTECTr users against their recognizable will. (4) The user will indemnify the provider from all third-party claims based on illegal use of proTECTr by him or with his approval. If the user recognizes or has to recognize that such a violation is imminent, there is an obligation to immediately inform the provider about (5) The provider is entitled to exclude the user from using proTECTr for an unlimited period of time after a previous warning has been unsuccessful in the event of such a breach of duty that has become known. Access can only be restored if the breach of the relevant essential obligation has been permanently eliminated or the risk of repetition has been ruled out by submitting an appropriate declaration of cease and desist to the provider.
The contract begins with the registration of the user with proTECTr and is concluded for an indefinite period. It ends (1) by deleting the user data by the user or provider at the request of the user via or (2) by blocking the possibility of use by the provider in accordance with Section 4 (5).