General terms and conditions

By sending the registration form, the user acknowledges the following terms as binding.

§ 1 General provisions

  1. The membership is free.
  2. The user has the right to terminate the membership at any time.
  3. Only one registration is allowed per user or company! Using or co-using the account of other members is strictly prohibited!
  4. It is not allowed to use bots or any other technical tools to create artificial access or to use any other measures to increase the balance illegally.
  5. Whenever one of our members adds a website that causes a rule violation, eBesucher has the right to deduct points from the respective account and can suspend the member. Furthermore, eBesucher reserves the right to suspend any membership without further notice in case of a repeated violation of its policies (the account balance will be forfeited)!
  6. By signing up, the user allows eBesucher to store and process his personal data. eBesucher will treat those informations confidentially and may NOT disclose them to third parties without the users prior consent. By deleting the account, the agreement to store personal data can be revoked at any time.
  7. eBesucher reserves the right to exclude persons from its service without further notice.
  8. The distribution of unsolicited advertising (spam) in any form, with the intention to refer potential members, is prohibited. If a violation of these policies comes to our attention, eBesucher is entitled to delete the responsible member account without any further notice. Furthermore, the member has to pay for any potential costs incurred by his actions.
  9. The full-time, proper operation and the continuous usability of eBesucher can not be guaranteed. For any damages caused by us, we assume no liability.
  10. The user agrees to keep his contact info updated (in particular the email address), whenever it changes.
  11. At any time, eBesucher reserves the right to change the services offered, and can do so without further notice to its members. Furthermore, eBesucher can, at any time and without noticing its members, go out of business. If this should happen, members do not have any claim on their accumulated points.
  12. By signing up, the user gives eBesucher the permission to keep him informed via email on important changes regarding the project, as well as on activities concerning the members account (e.g. the activation of websites).
  13. The user affirms that the content transmitted by himself or herself is in full compliance with the existing national and federal law (e.g. no radical right-wing, anticonstitutional, violent, defamatory, extremist, child pornographic content) and does not violate the rights of third parties (particularly copyright and trademark rights). A legal assessment or assumption of liability by eBesucher does not take place. It is the user’s responsibility to ensure that his or her content is legal and does not violate the rights of third parties. In case of third party claims against eBesucher in this regard, the user is obligated to exempt eBesucher from any claims.
  14. The user is a consumer in terms of § 13 BGB, as long as the purpose of the ordered deliveries and services cannot be predominantly linked to a commercial or self-employed activity. In contrast, each natural person or legal entity or incorporated partnership exercising commercial or independent activities when concluding this contract, shall be considered an entrepreneur in terms of § 14 BGB.

§ 2 Traffic exchange

  1. The participation in the mail exchange can be, at any time, activated or deactivated in the members section.
  2. eBesucher provides a personalized surfbar and click areas to each member that decides to use the traffic exchange (surfbar & clicks). Here, the websites of other members are displayed.
  3. The use of the traffic exchange requires a modern internet connection that supports a minimum download rate of 1 Megabit. Using the surfbar on a mobile internet connection is not possible.
  4. Using the personal surfbar requires an up-to-date webbrowser, which supports the following technologies: HTML, displaying images, CSS, Javascript. Software and addons that match one or more of the properties listed here, are prohibited
    • Blocking JavaScript (especially the Noscript plugin)
    • Blocking images or banner ads (especially AdBlockPlus)
    • Preventing the website from loading its content (partially or entirely)
  5. The surfbar may only be used on a computer that is connected to a monitor and has to remain in the visible area of the screen. Using the surfbar on a virtual server is not allowed.
  6. The following sites can not participate:
    • Sites that open more than one additional window (popup)!
    • Sites with illegal content
    • Malware and viruses
    • Sites that lack a clear and cohesive content (e.g. many frames without a main content) and URLs that rotate (URLs that open a different top level domain upon each access)
    • Sites that interfere with the proper function of the surfbar (framebreakers or the like)
  7. eBesucher reserves the right to reject sites which jeopardize the good reputation of the community or which are technically unsuitable.
  8. When adding sites with popups and/or erotic content and/or sound, the corresponding fields must be checked, else they can not be activated.
  9. Each member is obliged to assure that any retrospective modification of his/her site is in accordance with the rules. If necessary, sites have to be checked for popups, sound and erotic content. In case of non-compliance with the rules, the site has to be deactivated immediately.

§ 3 Mail exchange

  1. The participation in the mail exchange can be, at any time, activated or deactivated in the members section.
  2. When participating at the mail exchange, the user confirms being interested in receiving exchange emails which are being sent out by other members. The user agrees, that he does not consider them as spam but as a useful source of information.
  3. The following mails can not be advertised in the mail exchange:
    • Blank or incomplete emails
    • Illicit or unlawful emails
    • Mails that advertise illegal sites, mentioned in § 2
  4. Emails are sent in HTML format. It is therefore necessary to dispose of an email program which is able to open emails in HTML.
  5. Received emails must be confirmed within 14 days, otherwise you will not be able to receive a remuneration in form of mail points.

§ 4 Member payouts

  1. A payout is applies above a threshold of 2,00 EUR. Payment is effected by means of SEPA bank transfer or Paypal.
  2. If eBesucher detects an infringement of a user of the General Terms and Conditions, the balance will be frozen or already paid credits will be recalled. In this case, eBesucher is entitled to press further claims.

§ 5 Rights of use

The user grants to eBesucher a royalty-free, temporarily and locally unrestricted, irrevocable and exclusive right to use, to reproduce, to publish, to translate, to edit, to spread, to display and to present the information and data (wholly or partially) including its content (i.e. images) transmitted by the user worldwide. The provider has the right to delete the transmitted contents, if they contain personal data.

§ 6 Liability

  1. Any user claims for compensation are excluded. Exceptions to this are user claims for damages due to injury to life, body and health or relating to serious breach of essential contractual obligations (cardinal obligations) as well as liability for other damages caused by intentional or reckless violation of primary obligations through eBesucher, its legal representatives or performing agents. Essential contractual obligations are those whose performance is necessary for attaining the purpose of the contract.
  2. In the case of a violation of the essential contractual obligations, eBesucher is only liable for the typical and foreseeable contract damage if caused due to gross negligence unless the user claim is based on injury of life, body or health.
  3. In particular, eBesucher can not be hold liable for any damage that is caused by a crash of the website.
  4. The restrictions also apply in favour of eBesucher legal representatives and performing agents, if claims are aimed directly at them.

§ 7 Data protection

  1. Regarding the legal relationship with eBesucher, the user agrees to the storage of personal data in compliance with data protection laws, in particular the BDSG (Federal Data Protection Act) and DSGVO (General Data Protection Regulation). A transmission of personal data to third parties will not take place without explicit consent of the relevant persons, unless it is necessary to provide the services. With his registration, the user agrees to receive information on eBesucher products and services from eBesucher via email.
  2. If the user transmits personal data from third parties, he assures that the consent of the third party has been obtained. The user must exempt eBesucher from any third-party claims concerning this matter.
  3. The user’s rights or data subjects’ rights are governed in particular by the following terms of the DSGVO:
    • Article 7(3) – User rights with regard to revocation of data protection consent
    • Article 15 – Right of the data subject to information, right to confirmation and provision of a copy of the personal data
    • Article 16 – Right to correct
    • Article 17 – Right to delete („Right to be forgotten“)
    • Article 18 – Right to restriction of processing
    • Article 20 – Right to data portability
    • Article 21 – Right to object
    • Article 22 – Right to not be subjected to a decision based exclusively on automated processing – profiling included
    • Article 77 – Right of complaint to a supervisory authority
  4. In order to exercise his or her rights, the user or person concerned is instructed to address eBesucher via email or in case of a complaint to contact the supervisory authority.
  5. We refer to the eBesucher privacy statement.

§ 8 Dispute settlement

  1. The EU platform for online extrajudicial resolution is available at the following Internet address:
  2. The provider is neither prepared nor obliged to participate in a dispute resolution of a consumer arbitration board.

§ 9 Final provisions

  1. eBesucher can not be held responsible for any content posted by our members (pages, emails and links). eBesucher distances itself from these contents and disclaims all liability. The user assumes all responsibility for the risk caused by external pages.
  2. If the user is an entrepreneur in terms of § 14 BGB, for all disputes, concerning the membership or other issues regarding eBesucher, the place of jurisdiction will be exclusively the Amtsgericht Berlin Schöneberg. The law of the Federal Republic of Germany applies. The legal regulations limiting the choice of law and on the application of the binding regulations, in particular of the state in which the user has his / her permanent residence in terms of § 13 BGB remain unaffected.
  3. Even if individual points are legally invalid, all other parts of the terms of use remain binding. The invalid term or the gap shall be replaced by an appropriate arrangement that, as far as legally possible, comes closest to the expectations of the contract parties. This shall not apply if adherence to the terms of use would present unreasonable hardship for one party. However, insofar as this would constitute an unreasonable hardship for a party, the terms of use will become ineffective as a whole.

Date: 15th September 2020