Services. The Services offered include numerous online web site building tools and web applications (in the following “Tool”) operated and hosted by MyCylex (in the following “MyCylex”) for the clients (in the following “User”) to create and publish their own websites (in the following “Web Sites”). MyCylex is a service provided by S.C. CYLEX TEHNOLOGIA INFORMATIEI INTERNATIONAL S.N.C., Sat. Palota, nr. 119/A, 417516, Palota, Bihor, Romania.
CEO: Francisc Osvald
Company registration no. J05/1591/2009 Oradea, Bihor (ROMANIA)
VAT ID: RO26332771
Cylex Dienstleistungs GmbH
Phone: 0208 62957-0
Fax: 0208 62957-10
CEO: Peter Magin, Herbert Kotowski
Company registration no. HRB 22050, Amtsgericht Duisburg
VAT ID: DE815156863
is the partner of S.C. CYLEX TEHNOLOGIA INFORMATIEI INTERNATIONAL S.N.C and it is responsible for marketing, support and for the creation of websites.
Application. Price offers, orders, services, invoices and deliveries provided by the MyCylex are subject to the general terms and conditions listed below (in the following the “Ts&Cs”), which are fully and unconditionally accepted by the User. The Ts&Cs shall prevail over any other contrary provision submitted by the User such as general terms and conditions of purchase. Such contrary provision only applies if expressly agreed upon in writing by the MyCylex and the User. However, should the Ts&Cs not be consistent with any provision of a written agreement entered into between the MyCylex and the User, the provisions set out in such agreement shall prevail.
Sub-domains. As part of the MyCylex web site and the Tool, MyCylex also offers registered User’s free use of MyCylex sub-domains (ex: [subdomain].mycylex.com) (in the following "MyCylex Subdomain") on the terms set forth herein for the sole purpose of hosting their Web Sites. MyCylex retains all rights to and over any MyCylex Subdomains and has the right to revoke or suspend the use of any sub-domain at any time without reason giving notice by e-mail 14 days in advance. The MyCylex Subdomain is not transferable.
Domain Registration, Domain Hosting, Termination and Changing Provider.
1.1 The User shall receive a free MyCylex sub-domain, which can be upgraded to a paid package that will include a top-level domain (eg: .de or .com). For the MyCylex Basic, Business and Pro Packages the domain name registration is required for at least one year. After the initial one year, the Agreement shall be renewed for the successive year, provided that the aforementioned Agreement has not been terminated six weeks before the end of the initial one-year term. The monthly fee for maintenance and domain hosting depends on the chosen package price shown on the MyCylex website. The monthly fee is to be paid for a year in advance. The User can choose from the following domains: co.uk, .de, .com, .net, .org, .info, .biz, .eu, except premium or auctioned domain names. To find out more, read the following guidelines about the domain registration requirements http://www.denic.de/domains/allgemeine-informationen/domainrichtlinien.html
1.2 MyCylex acts only as an intermediary between the User and the organisation which has the authority to register domain names (the Registrar) forwarding the User’s request for domain registration and maintenance. The User shall communicate to MyCylex which domain he wishes to acquire (Desired Domain) and MyCylex shall proceed with the domain registration in accordance with the following provisions. MyCylex shall also forward the User’s data, received for this particular purpose, to the Registrar. The domain name registration agreement is between the User and the Registrar dealing with the registration of the Desired Domain.
1.3 The User shall send all the necessary data/information (Domain Request) and the Desired Domain name via the MyCylex form. The User warrants that all data provided for the domain registration request is true, correct, up-to-date and complete, that he is entitled to request the registration of the domain and in particular, that to the best of the User’s knowledge and belief, neither its registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party or any laws in general. Should the .de domain owner not be established in Germany, he shall appoint an Administrative Contact (Admin-C) who must be established in Germany and who shall be entitled to act in the owner’s name and to have a .de domain as set forth in sec.184 of the German Code of Civil Procedure, sec.132 of the German Code of Criminal Procedure, sec.56 paragraph 3 of the German Code of Administrative Court Procedure, as well as in sec.15 of the German Administrative Procedure Act and in the corresponding provisions of the administrative law of the German States (Länder). The registration of the domain names with other than .de domain extension shall be governed by the domain registration regulations and provisions applicable in the corresponding country. The user shall inform MyCylex in writing of any changes in the given data without undue delay. The User shall also provide complete and correct data regarding the owner of the domain (Registrant) and the German Administrative Contact (Admin-C). The technical partner in the domain registration process shall always be MyCylex. Regardless the preconditions of the domain registration, the provided data must include the User’s full name, billing address to which notices or other documents may be sent (no P.O.Box or anonymous address is accepted), an email address, and phone numbers.
1.4 MyCylex shall request the registration of the Desired Domain on behalf of the User with the information provided by the User for this specific purpose. MyCylex shall ask the activation of the domain name only after the User has paid the contractually agreed fees. MyCylex shall go on providing uninterrupted domain administration and hosting services for the User after the end of the initial one-year term only if the monthly fees for the next year are paid in advance (in accordance with Domain Registration, Domain Hosting, Termination and Changing Provider 1.1). Mycylex has no influence over the Registrar. MyCylex cannot guarantee that the Desired Domain name will be registered by the Registrar, that it is not being or won’t be applied for by another party. MyCylex’s information regarding whether the Desired Domain is free or not is obtained from third parties and the User acknowledges that the search availability results are valid only at the time of the aforementioned search carried out by MyCylex. No domain registration shall be deemed effective until the Registry accepts your application and activates your domain name registration. The Desired Domain purchased through MyCylex can only be connected with a website created with MyCylex Sitebuilder Tool.
1.5 Before requesting the registration of a domain, the User shall ensure that the neither the registration of the Desired Domain name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party.
1.6 The User cannot change the Desired Domain Name once the Domain Request has been sent to MyCylex. However, the User is entitled to choose another domain name if the Desired Domain Name is allocated to someone else while the Domain Request was forwarded to the Registrar. This does not apply in case the User wants to change the provider and the previous provider rejects the change request. It is the User’s responsibility to ensure the release of the domain by the previous provider, or the User’s registration request of a second domain shall be fulfilled for an additional charge. The User is not entitled to a free replacement of the domain if he has to delete the original domain or if the domain is deleted as a result of a domain related dispute.
1.7 The User may commission a Provider other than MyCylex to administrate his Domain. The User’s rights and obligations incurred by signing the Website Building Agreement remain unaffected by the change in provider. The aforementioned Agreement can be terminated as stipulated in the Agreement itself.
1.8 There is a three month notice period to cancel the domain hosting service. Any domain cancellation, removal or change in provider must be communicated in writing. If the User cancels his domain hosting at MyCylex and/or if the User requests a change in hosting provider and MyCylex doesn’t receive the AuthInfo in time as a result of arranging the change of provider too late by the new provider and/or by the User and/or the necessary preconditions for the approval of the change are not met, MyCylex has the right to ask the removal/deletion of the cancelled domain from the Registrar.
1.9 MyCylex must be informed without any undue delay if the User loses his rights to the registered domain.
Third parties’ software and services. The MyCylex web site and the Tool may contain links to third party web sites, including links to Users’ Web Sites, third party text, video feeds (podcasts), offers, software applications (including widgets) and external components provided by a third party to provide some level of functionality (collectively referred in the following "Third parties software and services"). This functionality may make a particular feature of the MyCylex web site and/or the Tool and/or the Web Sites dependent on the external component; or the MyCylex web site and/or the Tool and/or the Web Sites may be completely dependent on the external component for operation. In any case, MyCylex makes no warranties, claims, or provision for any Third party software and services. MyCylex does not routinely monitor Third parties software and services and takes no responsibility (including, without limitation, any viruses or other disabling features). MyCylex merely provides access to and hosts such content as a service to its Users. MyCylex does not endorse, support, represent or guarantee the truthfulness, accuracy, functionality, security, legality, quality or reliability of any communications or content posted via the Third parties software and services or endorse any opinions expressed via the Third parties software and services. MyCylex reserves the right at all times to remove, block access to or refuse to post, display or distribute any content or materials or any Web Sites for any reason or for no reason in its sole discretion. MyCylex reserves the right to terminate a User’s access to the Web Site or all of the interactive type services, and to remove or disable access to any Web Sites or any Users’ content, at any time without notice for any reason whatsoever (or for no reason).
Scope of use. You shall use the Tools and Websites for their intended purpose of creating professional websites. There is a free 30-day trial period, during or at the end of which you can buy the package that is most suitable to your needs. If you do not purchase the Services by the end of the trial period, you won’t be able to publish any changes and the site will be deleted after 6 months. If you choose to purchase the Services, you shall pay all applicable fees, as described on the MyCylex website. Users, who have created a free website before the beginning of the trial period, will obviously and by all means keep their existing website, which will remain free of charge! MyCylex reserves the right to change its prices at any time. Changed prices cannot be charged retroactive, but only for the upcoming purchases. All prices and fees are non-refundable unless otherwise expressly noted, even if such Payed Services are suspended, terminated, or transferred prior to the end of the Payed Services term. User shall not upload, publish, post, distribute or disseminate any material that defames, abuses, harasses, stalks, threatens or otherwise violates the legal rights (such as rights of privacy and publicity) of others and shall not upload, publish, post, distribute or disseminate any content that is otherwise deemed as pornographic and/or obscene by MyCylex. This includes but is not limited to commercial pornography, pedophilia, incest, bestiality, child pornography, or anything similar that violates any applicable laws. MyCylex will report any evidence of child, pedophilia, incest and/or bestiality pornography along with all known User identification and information to the relevant law enforcement agencies. Users may not use the MyCylex web site and/or the Tool and/or Web Sites and/or MyCylex Subdomain to create sites containing content, such as pornography or violence, that is not generally thought to be appropriate for viewing by children (“Adult Content”) nor may User use MyCylex, the Tool and/or the MyCylex Subdomains and/or Web Sites for hosting and/or distributing and/or publishing Adult Content, including the use of the service for Escort or Prostitution Services. User may not upload, publish, post, distribute or disseminate any material that impersonates or is intended to impersonate others in a manner that is intended to mislead or does mislead or confuse others and/or content that contain material, in any form, protected by intellectual property laws (or by rights of privacy and/or publicity) unless User owns or has control over the rights thereto may not post private individual or company information without the expressed permission of such parties. User may not upload, publish, post, distribute or disseminate any files that contain viruses, malware, malicious codes, corrupted files, or any other similar software or programs that may damage the operation of another's computer or for the transmission of spam and/or any type of viral marketing, pyramid scheme and/or phishing scheme and may not use affiliate links to third party sellers who have not approved the User into their affiliate programs. User shall not use the MyCylex web site and/or the Tool and/or the Web Sites and/or MyCylex Subdomain to harvest or otherwise collect information about others, including e-mail addresses, without their consent. The User undertakes not to use the Website for link building or for spamming. The User shall not send e-mails on a massive scale (spam) with identical content via the MyCylex’s or other provider’s server without the previous authorization of the recipients.
MyCylex does not allow link building. In order to avoid such cases, all the external links from the websites created during the free trial period will receive a rel “No Follow” attribute (rel="nofollow"). Only the external links from the websites created with the Premium packages will receive a rel “Follow” attribute (rel="follow").
While MyCylex is not responsible the user content, MyCylex reserves the right, in its sole discretion, to remove any content that is considered racist, abusing, hurting, illegal or unacceptable for any reason and with no need to provide explanations.
Storage. Storage space depends on the package you choose. MyCylex reserves the right to include the MyCylex promotional links on the Web Sites. Materials uploaded to the Web Sites may be subject to posted limitations on usage, reproduction and/or dissemination. MyCylex retains the right to create and/or change limits on use and storage at its sole discretion at any time with or without notice. User is responsible for adhering to such limitations. MyCylex has no responsibility for the deletion or the failure to store or transmit any content maintained by MyCylex and User is solely responsible for creating backup copies of such content and his Web Sites.
Free images from third parties. MyCylex provides User's access to free professional stock images. The User agrees to adhere to all of Fotolia and 123RF`s terms of services. The user will not use the images provided by Fotolia as a branding tool such as a logo or any branding type associated with the images provided on the Web Sites. The user will not sell the images, neither will he save and use the images elsewhere other than their MyCylex Web Sites.
Images from third Parties. MyCylex provides User’s access to professional stock images through an integration with the companies Fotolia and 123RF by purchasing image credit(s) and redeem that credit(s) to purchase image(s). User agrees to adhere to all of Fotolia's and 123RF's terms of services. Payment for these professional stock images have to be conducted by credit card, PayPal or any other service specified by the Fotolia and 123RF including the national VAT. The User will not use the images provided by Fotolia and 123RF as a branding tool such a logo or any branding type associated with the images provided on the Web Sites.
Update and Cancellation. User agrees to maintain updates on a regular basis of any Web Sites. Failure to log in or to update User’s Web Sites for more than one year will result in MyCylex removing the Web Sites and disabling access to it.
User’s license. When the User posts content to the Web Sites (in the following “User’s Content”), unless indicated by MyCylex otherwise, User grants MyCylex and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User’s Content solely in connection with hosting the User’s Web Sites and otherwise providing and promoting the Web Sites and the Tool and exercising the rights granted in these Ts&Cs. User grants MyCylex and its affiliates and sublicensees the right to use the name that User submits in connection with such content, if they choose. User represents and warrants that he owns and controls all of the rights to the User‘s Content that User has the right to post such User’s Content to the Web Sites.
Force Majeure. Any inability to provide the services of MyCylex and/or the Tool and/or the MyCylex Subdomains and/or the Web Sites as a result of force majeure or other unforeseen incidents outside the responsibility of the MyCylex including, but not limited to, strike, lock out, acts of public authorities, subsequent cease of technical opportunities and the reservation of MyCylex of timely offer the services mentioned above, for their duration and in accordance with their impact, relieve the MyCylex from the obligation to comply with any agreed time for providing services mentioned above of MyCylex and/or the Tool and/or the MyCylex Subdomains and/or the Web Sites.
Trademarks/Copyright. All content and other material on the MyCylex web site and Tool are the proprietary property of MyCylex or its licensors or users and are protected by the copyright laws. All rights not expressly granted in these terms are expressly reserved. MyCylex, the MyCylex logo, and any other product or service name or slogan contained in the MyCylex web site are trademarks of MyCylex and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Cylex and MyCylex or the applicable trademark holder. User may not use any meta tags or any other hidden text utilizing "Cylex", "MyCylex", or any other name, trademark or product or service name of MyCylex without prior written permission. In addition, the look and feel of the MyCylex web site, including all page headers, custom graphics, button icons and scripts, may be the service marks, trademarks and/or trade dress of MyCylex and may not be copied, imitated or used, in whole or in part, without prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the MyCylex web site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by MyCylex.
Liability (1). The User understands and acknowledges that the business dealings, correspondence or interactions with any User’s sites, Web Sites and any terms, conditions, warranties or representations associated with such dealings or interactions are solely between the User and the operator of such User Web Sites. MyCylex will not be responsible or liable for any content, functionality, business, legality, accuracy, completeness, quality, reliability, security, usefulness of the Web Sites. MyCylex shall be liable to the User for any damage caused by intent or gross negligence only. Other than in case of intent, the MyCylex shall not be liable for indirect damage or consequential damage, in particular, not for loss of profit, interruption in production and/or interruption of operations at the User or its customers. Mandatory statutory claims of the User shall not be affected hereby; this applies, above all, to claims due to harm done to a person’s life, body or health.
Liability (2). Where the damage is due to the culpable breach of a material contractual duty or to the breach of a duty the discharge of which allows the proper performance of the purchase in the first place and on the fulfilment of which the User can regularly rely and if the MyCylex is responsible for such breach of duty, MyCylex shall be liable in accordance with the statutory provisions. In the event of simple negligence, however, liability shall be limited to foreseeable and typical damage.
Disclaimers. MyCylex does not warrant that the registration of the requested domain will be successful. If the chosen domain name cannot be registered, the Client shall have the option to choose another domain name. MyCylex is not liable for the content provided by the Client. In particular, MyCylex is free of any obligation to check whether the use of the provided content violates any rights of third parties.
Jurisdiction. The exclusive place for all the disputes, to the extent permitted by law, is District Court Oberhausen, Duisburg Regional Court.
Severability. Any collateral agreements, amendments and changes to this Agreement must be in writing in order to be valid, in accordance with sec.126b BGB. Should any provision of this Agreement be or become invalid, unenforceable or illegal, this shall not affect the validity of the remaining provisions. The same applies in case of any contractual omissions. Any invalid provision shall be deemed replaced by an enforceable provision that comes closest to expressing the intention of the parties and the invalid provision.
Terms of revocation/cancellation.
Right of withdrawal. The Client has the right to withdraw from this contractual agreement within fourteen (14) calendar days without giving any reason. The revocation period is fourteen days starting from the conclusion of the agreement. To exercise his right of withdrawal, the Client must notify MyCylex by sending a clear statement of his decision to withdraw from this agreement (in form of a letter, fax or e-mail).
Cylex Dienstleistungs GmbH
Phone: 0208 62957-0
Fax: 0208 62957-10
CEO: Peter Magin, Herbert Kotowski
Company registration number HRB 22050, Amtsgericht Duisburg
VAT ID: DE815156863
To exercise his right of withdrawal it’s sufficient to send the notification before the revocation deadline.
Consequences of revocation. If the Client withdraws from this agreement, all the fees paid, including delivery cost (with the exception of additional costs arising from the fact that the Client chose a more expensive type of delivery than the one offered by the Service Provider), shall be refunded with immediate effect at the latest within fourteen days from the date MyCylex received the notification of withdrawal. To refund the payments the same method of payment shall be used as for the initial transaction, unless agreed otherwise, and it in no case shall mean extra charge for the Client. If the Service Provider started to work on the requested site before the Client withdrew from the agreement, the Client shall pay a reasonable compensation for the Service Provider’s work up to the date when the notification of withdrawal was sent and this amount won’t be refunded.
Additional Notes. The right to revocation will expire prematurely if the contract has been completely fulfilled by both parties upon your express request before you have exercised your right of revocation. End of revocation notice. End of revocation notice.
1.3 If we present information that is not covered by the Data Protection Act, for example, in the case of legal persons or pseudonyms, these conditions of confidentiality are not applicable to these records.
1.4 In case your rights are affected by a record, please let us know. We will delete every problematic record immediately.
1.5 Collection and processing of personal data: When you visit our site, the servers save temporarily and automatically the Internet Service Provider, namely the Web domain of the company. We do not use the collected information for personal purposes. In addition, personal data are collected only if you provide us with it voluntarily. Your personal information required for this individual use is collected and used only in accordance with legal provisions for the protection of personal data. If we collect personal data as part of the registration, data which are not required to provide the service, we will mark this by voluntary indication.
1.6 MyCylex processes personal data in accordance with Law No. 677 of November 21, 2001 (Romanian law) for protection of individuals regarding the processing of personal data and free movement of such data amended and supplemented by Law No. 102/2005, with later amendments; the Government Emergency Ordinance No. 36/2007, approved with the amendments by Law No. 278/2007, Law No. 278/2007. Cylex is registered in the National Supervisory Authority for Personal Data Processing (Autoritatea Nationala de Supraveghere a Prelucrarii Datelor cu Caracter Personal) with the number 19603.
1.7 In accordance with paragraph 1, article 12 of the present law, if personal data are obtained directly from the person in question, SC CYLEX Tehnologia Informatiei International SNC is required to provide the following information: the purpose of data processing is to serve electronic communications and marketing. This data are not used to destroy or interfere with intimate, family and private life; www.mycylex.com administered by S.C. CYLEX Tehnologia Informatiei International S.N.C.: Sat. Palota 119 / A, 417 516 Palota, ROMANIA, Fax: +40 259 / 471392; the persons in question are clients/potential clients, as well as consumers/potential consumers. - The processed personal data include: name of the natural person in question, his address, phone / fax number, e-mail address. MyCylex has no personal benefit of the information collected here. As for the details of the right of access and intervention of the authorised natural person to the data, they are presented in these terms.
If you have any questions or comments concerning the collection and/or processing of personal data, please contact MyCylex. If you send us confidential information, please send it either in writing or by fax to MyCylex’s partner:
CYLEX Dienstleistungs GmbH
Pfälzer Straße 81
Fax: + 40 259/471392
Security of personal data processing
2.1 The Ombudsman (Avocatul Poporului) Order No 52 of April 18, 2002 regarding the approval of minimum security requirements of processing personal data is the core of the technical and organizational measures necessary to maintain the confidentiality and integrity of personal data adopted and implemented by the S.C. CYLEX TEHNOLOGIA INFORMATIEI INTERNATIONAL S.N.C.
2.2 We use all the technical and organizational security measures to protect authentication information, passwords or any other data recorded for security purposes, from deliberate or accidental manipulation, loss, destruction or unauthorized access. The methods used to meet the protection requirements are in accordance with the generally accepted standards of this field.
3.1 To make User’s visits to the web site of MyCylex more attractive, MyCylex will use in some parts of the web site so called "Cookies". These Cookies refer to small text files generated by web servers and with the help of the browser User uses they are saved in User’s computer. In some places MyCylex uses session based Cookies. They are used to enable web applications to manage the User's online status and to allow the User to navigate smoothly between the services and the content of the web site and the Tool. These types of Cookies, in the longer term, are used mainly to make available the recurring settings for the User on the web site of MyCylex and the Tool any time. In case Data should be stored in these types of Cookies, User’s consent will be required before saving. User can set the browser to notify prior to the installation of any kind of Cookies or to refuse to accept them. The refusal of these Cookies may lead to supply restrictions on the web site of MyCylex and/or the Tool.
Rights of public content
4.1 If the client or user publishes contents or files in publicly accessible areas, he gives MyCylex the right to use these contents (in whole or in part) on a global level, to reproduce, modify, adapt and publish them, if this is done only for the sole purpose of presentation, distribution and promotion of the content in question.
4.2 This right is valid only for the period of publication made by the client or user. Clients can remove their information from the MyCylex website building tools at any time regardless of MyCylex.
4.3 If the client or user does not have the right to publish a particular content, he must ensure that the content rights holder has agreed to the transfer of rights under the above provisions.
4.4 For current and future services to meet more precisely his requirements, the user accepts that a pseudonym will be used when he applies for services. The authenticated pseudonymous data, in accordance with the law, will not be merged with the data of the pseudonym holder. MyCylex uses these protocols only for its own purposes and in the interest of its clients to develop new services. There will be no transfer of personal data to third parties.
S.C. CYLEX TEHNOLOGIA INFORMATIEI INTERNATIONAL S.N.C.
Sat. Palota nr. 119/A