Customer information

Revised on: 6 December 2007
Provider
The provider of the services provided under www.firstload.de, www.firstload.net, www.firstload.com, www.firstload.at and www.firstload.fr (hereinafter Firstload) is

USEPRO LTD

vasil aprilov str. 2, 2nd floor, Office 5
8000 burgas
bulgaria
(hereinafter Provider).

Within the EU the following contact is available to you:
Firstload Care Center
88 Wood Street
London, EC2V 7RS, United Kingdom
Phone: +43 (0) 720 699 623
Fax: +43 (0) 720 699 623 91
E-Mail: support@firstload.com

Membership of Firstload

Membership of Firstload shall be subject to the Provider's GTC [http://www.firstload.net/agb.php].

1. General information on contracts

1.1 The Provider shall provide the Member with access to several Usenet servers operated by third parties throughout the world (hereinafter Usenet Access). The Member shall have a certain data volume for downloads from Usenet and further use of the newsgroups in Usenet for use of the Usenet Access during the term of the contract.

1.2 The contract between Provider and Member shall come into existence if and when the Provider has accepted registration of a member with Firstload. For that purpose the Member shall first enter the data necessary for conclusion of the contract into the registration form; such data can be changed by the Member until the "send" button is clicked. By clicking the "send" button the Member submits to the Provider a legally binding request to conclude a contract. The Provider shall send the Member the Access Data to Firstload via e-mail, by which the Provider accepts the Member's offer.

1.3 The minimum term of the contract as well as the fee payable per month can be seen from the service packages described at Firstload [www.firstload.net/packets.php] as amended at the time of conclusion of the contract. The Member can at any time calculate the total price for the contract concluded with the Provider from the minimum term of contract and the monthly fee. The Member shall pay the price for the minimum term of contract applicable to the service package in advance. The Provider shall accept payments by the Member via bank collection, wire transfer or credit card. Invoices of the Provider shall be due for immediate payment and payable without deduction. The Member shall be in default if it fails to pay the invoice within one week of the due date and receipt of the invoice and if the Member has been advised of this fact in the invoice. In the case of default by the Member the Provider shall be entitled to block Access Data until the Member has settled the invoice.

2. Trial Membership

2.1 Upon conclusion of the contract the Member shall be entitled to test the services offered by the Provider under Firstload free of charge for fourteen days (hereinafter "Trial Membership"). During Trial Membership the Member may fully test the services under Firstload; other than with respect to the service packages listed under Firstload, during Trial Membership a maximum data volume of 15 gigabyte shall be available to the Member for that purpose.

2.2 Trial Membership may be terminated by the Member at any time within fourteen days of conclusion of the contract. If the Member selects no specific service package as defined in Clause 5.1 of the general terms of use (http://firstload.net/agb.php), the Member shall automatically use all services of the service package with the highest data volume (currently 250 gigabytes for EUR 16,50/month, or 800 gigabytes for EUR 39,90/month respectively, depending on the payment method chosen upon registration) after expiration of Trial Membership. The Member may change to the service package selected by it as defined in Clause 5.1 of the general terms of use (http://firstload.net/agb.php) already before expiration of Trial Membership. Trial Membership shall end automatically upon such a change.

3. Information about the right of cancellation

3.1 You may cancel your statement of intention to enter into a contract within fourteen days in writing (e.g. letter, fax or e-mail message) or in the Member Area, without having to state a reason. The said period shall commence upon receipt of this information in writing but not prior to conclusion of the contract. In order to observe the cancellation period timely dispatch of the letter of cancellation shall suffice. The letter of cancellation shall be addressed to: USEPRO LTD, Firstload Care Center, 88 Wood Street, London, EC2V 7RS, United Kingdom, Phone: +43 (0) 720 699 623, Fax: +43 (0) 720 699 623 91, E-Mail: support@firstload.com

3.2 In the case of an effective cancellation services received by both parties shall be returned and any benefits gained (e.g. interest or benefits of use) shall be surrendered. If the Member is unable to return the service received in whole or in part to the Provider or if the Member is only able to return it in a deteriorated condition, the Member may be obliged to refund the value, if applicable.

3.3 The Member's right of cancellation shall expire early if the Provider commenced provision of the service before the end of the cancellation period with the Member's express consent or if the Member caused provision itself. With Firstload this shall be the case if the Member registered with Firstload for the first time using the Access Data provided by the Provider or has used the Access Data for Usenet Access prior to expiration of the cancellation period.

3.4 The statutory right of cancellation shall not be affected by the Trial Membership granted by the Provider in addition.

4. Liability of the Provider

4.1 If servers run normally, use of the services offered by the Provider is warranted at all times. The Provider shall not be liable if the service cannot be made available or retrieved for a reason for which the Provider is not responsible. This shall include but not be limited to fire, stroke of lightning, storm, flood or other acts of God (force majeure) due to which Firstload is unavailable, as well as general technological disturbances on the internet for which the Provider is not responsible. The Provider may temporarily restrict Usenet Access if maintenance of operational security and/or network integrity and/or protection of data stored by the Provider so require.

4.2 The Provider shall neither be liable for damage not directly caused by provision and use of Firstload by the Member nor for other pecuniary damage such as lost profit. For the rest, the Provider's liability shall be limited to typically foreseeable damage. These limitations of liability shall not apply to (i) damage to life, limb and health, (ii) other breaches of contract by the Provider, a legal representative or agent [Erfüllungsgehilfe as defined by Section 278 of the German Civil Code] of the Provider caused by gross negligence or intent, or (iii) damage covered by liability under the German Product Liability Act.