§ 1 Area of application
The following general terms of use apply to all from smsgott.de offered contents and services. smsgott.de is to be let furnish entitled the services or services also through third.

§ 2 obligations of the users
It is forbidden to send criminally relevant contents as well as messages with racistic or discriminating contents.
Likewise is it forbiden to use the free SMS service for own advertising purposes or spam. The user does not commit itself to dispatch Spam more over the service of smsgott.de. smsgott.de reserves the right to refund in case of an offence announcement and takes over expressly no adhesion for contents of the conveyed messages.
The sender of the message confirms that the receiver agrees actually with the receipt of a message. The message is dispatched on own danger.
The user of this service commits itself to dispatch no messages with whose receipt the addressee agrees not or is immorally troubled by those the addressee. smsgott.de does not take over adhesion for contents of the conveyed messages. In case of a violation the author of a message smsgott.de from any requirements third exempts.
Messages, which are not directed toward the private and individual use, how. e.g. Junk Mails, Spam, etc., are forbidden. Offences of the customer entitle smsgott.de to the exclusion of the customer of the services without previous warning as well as for the asserting of payment of damages.
The user commits itself to exempt smsgott.de from all damage, which smsgott.de has to carry out altogether or individually in the framework by legal proceedings or requirements validly made in consequence of threatening or, itself devoted from a disregard of the aforementioned obligations.

§3 message dispatch
smsgott.de entitled to attach to each message an additive over the origin. For the receipt of the messages one does not guarantee.
The moreover smsgott.de reserves itself to attach with the free dispatch of messages an advertising message of arbitrary contents. smsgott.de points out the user expressly that the data security for transmission of news cannot be ensured after the present state of the art comprehensively.

Date, time and contents of the SMS message as well as the IP address of the computer, from which the SMS message was conveyed to smsgott.de, can be stored by us and be evaluated when being present an actual or which can be accepted abuse of smsgott.de or with inquiries by authorities and passed on on third. Hereby you explain yourselves expressly in agreement.

§ 4 Prices (referred only to Paid SMS, not to Free SMS)
All asking prices are fixed prices. Apply the valid in each case price lists of smsgott.de. To that extent smsgott.de is justified to increase or reduce the prices at any time.

§ 5 Complaints (referred only to Paid SMS, not to Free SMS)
Complaints are to be announced immediately and in writing with smsgott.de. The payment obligation of the customer remains unaffected. The user and customer it is well-known that in the World Wide Web as well as in the radio data transmission no guarantee exists for the delivery. Such a guarantee is not taken over also of smsgott.de.
smsgott.de does not owe immediate dispatching, will however strive that messages are usually immediately dispatched.

§ 6 Responsibility
For damage due to disturbances, mistakes, wrongly conveyed data, delays, interruptions in the enterprise of smsgott.de arise, in particular when errors or disturbances in the electronic data communication, only with resolution or rough negligence one clings. The adhesion for damages is impossible. An adhesion for damage and disadvantages, which result from the application of the transferred data, is likewise impossible.

§ 7 Set-off
Against our demands the customer can up-count only on uncontradicted or validly determined demands. Appropriate applies to the asserting of a right of lien.

§ 8 Salvatori clause:
If individual regulations of the trading conditions should be ineffective or impracticable, this does not affect the effectiveness of the remaining regulations. The ineffective or impracticable regulation has to be replaced by a regulation, which comes the economic content of the ineffective or impracticable regulation if possible close.
smsgott.de reserves itself the right to change or supplement these trading conditions for the future. This applies in particular if a change is necessary due to compelling legal changes. About changes the user is informed four weeks before into force to step by email. If the user does not contradict the changes within two weeks, these are considered as authorized.

§ 9 Area of jurisdiction
It applies excluding the right of the Federal Republic of Germany. Area of jurisdiction actual is - so far legally - Hamburg.


For questions please contact us by e-mail: info@smsgott.de