General terms and conditions of PDF Tube
agreement with GFS Communications AG, St.Gallen


GENERALLY

PDF Tube is available at www.pdftube.ch and other links and URL's.

PDF Tube is a public service of GFS Communications AG, St.Gallen (from this point on called GFS).

PDF Tube offers two different visualisation-choices to the customers:
- PDF Tube Flashpaper-File
- PDF Tube Flashpaper-Hosting

By accepting the general terms and conditions the customer commits to abide the following agreement with GFS.

The place of jurisdiction is St.Gallen, Switzerland.


BENEFITS OF THE CUSTOMER

1.1 The customer is responsible for the content of the PDF (information, texts, data, pictures, language etc.).

1.2 The customer obliges himself not to spread or publish any information or references to information (links) with illegal content or of illegal nature.

Especially the following information and content must not be spread through PDF Tube:

- portrayal of violence according to art. 135 of the swiss criminal code (StGB).
- pornographic writings, pictures and other materials of pornographic nature according to art. 197 Ziff. 1 and 3 StGB.
- racial discrimination according to 261bis StGB.
- instigation of violence according to art. 259 StGB.
- instruction or abatement to criminal behaviour or its ulterior encouragement.
- illegal gambling (especially in terms of the lottery-law).
- any violent information the copyright and intellectual property rights of third parties.

1.3 If the customer gains knowledge of illegal content or illegal internet activities related to the use of PDF Tube, the customer has to inform info@gfscom.ch in order for GFS to clarify the circumstances and be able to take the appropriate action. GFS decides on the illegality of the content conclusively and without justification.

1.4 The customer takes the necessary steps to ensure that no other person can gain knowledge of the customer's user-identification and password, and that no information about it is accessible.

BENEFITS OF GFS

2.1 PDF Tube offers two different visualisation-choices to the customers:
- PDF Tube Flashpaper-File
- PDF Tube Flashpaper-Hosting

PDF Tube Flashpaper-File enables the user to automatically create a PDF Tube Flashpaper-File by uploading a pdf file. The created Flashpaper-File can later be accessed by download (Download Flashpaper-Files).

With PDF Tube Flashpaper-Hosting, GFS provides the user with a registration for PDF Tube Flashpaper-Hosting. Registered customers can add the connection-script to their website. The connection-script automatically visualizes any reference (link) to a PDF on the customer's web site.

2.2 GFS reserves the right to broaden or restrict the services at all time if it is necessary for important reasons and if it is in the interest of pdftube.ch

2.3 As far as possible, GFS informs the customer about service interruptions which are necessary for error removal, maintenance work and the introduction or deployment of technical features and updates etc.

2.4 If authorities inform GFS of the illegal use of its service or if the illegality of such a use is established by a legally binding verdict, or if GFS establishes that certain contents are illegal GFS can warn the customer to abide by the contractual obligations, discontinue the service for a certain amount of time or terminate the contractual agreement without notice and without obligations to provide monetary compensation. GFS can take the same measures if a customer ignores contractual terms in a grave manner. Non-compliance with the code of conduct is considered a grave violation of the contract.

BILL AND PAYMENT PRACTICE

3.1 Payment obligation starts with the activation of the account.

3.2. The customer pays with the designated means of payment.

ARRANGEMENTS IN CASE OF DEFAULT

4.1 If the customer fails to pay on time, GFS can discontinue the contracted service or if necessary terminate the contract without notice and compensation.

LIABILITY OF GFS

5.1 GFS cannot warrant a guarantee regarding the uninterrupted availability of its service, the availability of its service to a specific time or the integrity of the saved data, or the integrity of data which is transferred through the customer's system or the internet. GFS is not liable for the inadvertent publication, the damaging or the deletion of data which are being sent or received as well as saved by its system. GFS is neither liable for the customer's nor for the customer's customers receivables or claims for damage which have been made to the customer or his customers including amongst others financial penalties or disadvantages which result from the loss of data as well as the impossibility of getting access to the internet or respectively the inability to send or to receive information caused by delays, non-delivery or interruption of the service.

5.2 GFS does not accept responsibility for the demands of third parties made to customers because of malfeasance of the application. The customer is soley responsible for the accuracy of the information and the services on the internet.

5.3 GFS does not accept responsibility for service interruptions which are necessary for error removal, maintenance work and the introduction or deployment of technical features and updates etc.

LIABILITY OF THE CUSTOMER

6.1 The customer is liable to GFS for damages which refer to non-performance of his contractual duties (namely for the content of the pdf and the caused damage) if he does not prove that he's at no fault.

CONFIDENTIALITY

6.2 The obligation of confidential treatment only applies to information which is declared as such, and to information which is publicly available or already known or to information which is lawfully and evidently obtained by third parties without the assistance of the information's recipient.

AGREEMENT / CANCELLATION

7.1 The customer obtains the following services from GFS through PDF Tube:

- PDF Tube Flashpaper-File (download flashpaper-files)
- PDF Tube Flashpaper-Hosting (connection-script to install on the customer's website)

PDF Tube Flashpaper-File
PDF Tube Flashpaper-File enables the user to automatically create a PDF Tube Flashpaper-File by uploading a pdf file to the PDF Tube server. By doing so the customer accepts these terms and conditions which come into effect and are valid at the same time.

These terms and conditions exist as an agreement between the customer and GFS as long as an animated PDF Tube Flashpaper-File is being used by the customer.

PDF Tube Flashpaper-Hosting
By registering as a PDF Tube Flashpaper-Hosting-customer the customer accepts these terms and conditions which come into effect and are valid.

The customer chooses the duration of the Flashpaper-Hosting subscription and obtains a Flashpaper-Hosting Connection-Script which he installs on his website.

These terms an conditions exist as an agreement between the customer and GFS for as long as a Flashpaper-Hosting Connection-Script is installed on the customer's website.

7.2 GFS is allowed to terminate this agreement without notice if the customer does not pay, is in breach of contractual agreements or uses the services for illegal purposes. In this case the Flashpaper-Hosting connection-script will be deactivated immediately and all customer-data will be deleted from the PDF Tube-server.

The customer owes GFS all charges which are caused by such a termination.

7.3 GFS can cancel the agreement with immediate effect if bankruptcy or insolvency proceedings are opened against the customer, the customer declares his inability to pay, files for bankruptcy or assigns his assets completely or partly to his creditors.

TROUBLESHOOTING

8.1 GFS takes troubleshooting-action during the general working hours. The general working hours are Monday to Friday, 8 am to 5 pm except for the national and regional holidays.