Conditions of Use for 123myip.co.uk
123myip.co.uk is a service of ANW GmbH & Co. KG, Germany (hereinafter referred to as "ANW").
1. Scope of Application
By using the services offered at 123myip.co.uk (hereinafter: "Contents") the user accepts the following conditions of use. If you do not agree with these conditions, you may not use this site.
2. Contents
(1) The purpose of 123myip.co.uk is to display the IP address of a visitor to a web site. In addition, 123myip.co.uk offers a speed test to measure the upload and download speeds of the user's internet connection as well as a ping test to measure the response time of the internet connection. Furthermore, 123myip.co.uk offers operators of web sites the option of integrating a banner into their own web sites to show the IP address of a user on the web site (hereinafter: "banner service").
(2) The contents are offered both in a generally accessible area (hereinafter: "public area") and in a non-public area, which is available only to registered users (hereinafter: "user area"). The user area offers contents of the public area and also further additional content.
(3) A visitor has to register to use the additional contents in the user area. Registration and use of additional contents are free - unless indicated explicitly otherwise.
(4) Declarations made by ANW to registered users relating to 123myip.co.uk are made by email to the email address indicated by the user.
3. Copyright, correctness of contents, termination
(1) 123myip.co.uk shows the IP addresses, sent by the web browser of the web site visitor in the so-called HTTP header. ANW has no influence on this data and assumes no liability - without prejudice to section 5. - for the correctness, integrity and completeness of this data.
(2) In addition, ANW provides a speed test and a ping test. During a speed test, several test data of different sizes is loaded from the server (download test) or sent to the server (upload test). The bandwidth of the internet connection cannot be determined precisely, since the evaluation can be influenced by many other factors such as utilization of the measuring server or the current network load of the user. During the ping test, our server sends a data packet to the user's computer and measures the time the user's computer needs to return this packet to us. In many networks, the ICMP protocol used for this purposes is routed or prioritised differently to common TCP data traffic. For this reason, the values measured by us can deviate from the actual latency time. ANW cannot assume warranty for the correctness of measuring results of the speed or ping test.
(3) In the context of technical progress, ANW may also use technologies, systems, processes or standards other than those initially indicated.
(4) ANW reserves the right to remove contents as a whole or in part from its range of services without prior notice or to suspend the 123myip.co.uk service completely. There is no right to availability of contents or services of 123myip.co.uk as a whole.
(5) ANW reserves the right to deactivate access to the user area when it has not been used for a certain period. In this case, data stored within this user area is deleted.
(6) The contents published on the web site 123myip.co.uk are subject to protection by rights. Any reproductions (including in parts), in particular for commercial use or exploitation, require the prior written consent of ANW. It is permitted to make a copy of content exclusively for personal non-commercial use, provided that the origin is clearly recognisable, e.g. by indicating a source reference. Any reproduction or publication without the written consent of AWN is prohibited. It is not permitted to integrate pages of 123myip.co.uk or parts thereof into other internet pages (e.g. through frames) without ANW's consent.
4. Duties of the user
(1) The user is liable for not violating any rights of third parties due to the use of contents provided at 123myip.co.uk and not infringing applicable laws, in particular in respect of copyrights, antitrust and criminal laws.
(2) The user guarantees to use any HTML code offered by ANW unchanged in other web sites, in particular HTML code for the banner service.
(3) HTML code offered by ANW, in particular HTML code for the banner service, shall not be used on web sites that display pornographic or other for adults only content or that are against good morals or the applicable laws of the Federal Republic of Germany. In addition, it is not permitted to use our HTML code on pages that are refreshed without a user action (refresh or auto reload).
(4) ANW reserves the right to prohibit the user from using the contents as a whole or in part and to claim damages from the user in the event of a breach of sections 4(1), 4(2) or 4(3).
(5) The user knows that all participants using the internet are subject to the risk of its transmitted data being disclosed to third parties without permission. The user accepts this risk. ANW shall be released for any damage claims, unless these are due to gross negligence or intent on ANW's part.
5. Liability
(1) ANW is liable for damage caused by ANW, its legal representatives or any of its assistants by gross negligence or intent.
(2) ANW shall not be liable for the correct operation of services, infrastructures or transmission paths of the internet beyond ANW's or its assistants' scope of responsibility, unless liability pursuant to section 5(1) exists in exceptional cases.
(3) The user releases ANW for all claims from third parties resulting from a breach of his/her duties defined in section 4(1).
6. Data protection
(1) ANW herewith informs the user pursuant to section 3 (5) of the Teleservices Data Protection Act (TDDSG), section 33 (1) of the Federal Data Protection Act (BDSG) and section 3 (4) of the Data Protection Ordinance for Telecommunications Enterprises (TDSV) that all data provided by the user to ANW or obtained by ANW during use is collected, processed and used only insofar as this is necessary to provide the services on 123myip.co.uk.
(2) The user agrees to its personal data being stored. The user may view this data at all times. ANW will comply with data protection provisions regarding the user's personal data. The data is treated strictly confidentially. There is no other use of personal data without the user's express consent.
7. Final provisions
(1) The place of jurisdiction is 66424 Homburg, Germany, to the extent permitted by law. The law of the Federal Republic of Germany shall be applicable.
(2) If a provision of these conditions of use is or becomes invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be deemed to be replaced by a valid provision that comes as close as possible to the sense and purpose of the invalid provision. The same applies to any regulatory loopholes.
May 16, 2006
