This is a translation of the German-language Terms of Use (“Nutzungsbedingungen”) provided as a service. The original German version shall prevail and take precedence.
Terms of Use for JusProgDNS
By using JusProgDNS, you accept the following terms of use.
1. Service
JusProg – Association for the Promotion of Child and Youth Protection in Telemedia e.V. (hereinafter referred to as JusProg or JusProg e.V.) provides JusProgDNS, a youth protection programme based on name server control.
Use of JusProgDNS is free of charge for private individuals; schools, charitable organisations and government bodies pay a usage fee to contribute towards costs (“Premium”). A higher fee may apply for use in a commercial context or on a substantial scale. JusProg e.V. reserves the right to amend the conditions for free use and any applicable fees at any time. Information on this will be published on the website in good time. Under no circumstances will fees be charged retrospectively in the event of changes.
Private individuals may use JusProgDNS without registration up to a usage limit to be determined by JusProg e.V. (query quota for the JusProg name server). Schools, organisations, companies and government bodies are required to register for the use of JusProgDNS on the website www.jusprogdns.com (or login.jusprogdns.com), providing accurate details regarding the nature of the organisation and valid contact details (email).
JusProgDNS’s core service is the provision of a filtered nameserver which, depending on age groups, either returns the actual IP address of a domain (FQDN) to the requesting device in response to nameserver queries, or deliberately returns a false IP address or the information that no IP address is available for the requested FQDN. By using JusProgDNS, the user accepts that, for the purpose of protecting children and young people online, the name server deliberately provides incorrect information in response to name server queries.
JusProg e.V. expressly points out that age classifications may be inaccurate and that the service may be circumvented by minors. No liability is accepted for errors or the possibility of circumvention. JusProg e.V. points out that certain functions or software on the end device may be affected and that updates may not be installed if these rely on an internet connection.
JusProg e.V. does not guarantee the constant availability of its name servers. Users are strongly advised to store the two IP addresses of the JusProg name servers, specified for each age group, on their end device. These provide the JusProgDNS service from two different data centres and thus offer a high degree of reliability, but no absolute guarantee of availability. JusProg e.V. reserves the right, at any time and without notice, to temporarily or permanently change the server configuration, to take individual servers out of service, to use different IP addresses, or to discontinue the service.
The user is aware that software-based services are never error-free.
Users of JusProgDNS are responsible for ensuring that they can, at any time and at short notice, revert to the default settings or other publicly available name servers on their end devices, thereby avoiding any potential damage caused by websites being inaccessible.
The user is expressly prohibited from using the services of JusProg e.V. to create, expand, improve, verify and, where applicable, publish or use a filter list or any other domain list themselves, unless this has been agreed in writing with JusProg e.V. (e.g. for the purposes of caching).
2. Liability
The user installs JusProgDNS at their own risk. JusProg e.V. shall not be liable, within the limits prescribed by law, for any damage or loss arising directly or indirectly in connection with the installation or use of JusProgDNS. In particular, JusProg e.V. shall not be liable for any damage that may be attributable to websites being inaccessible as a result of JusProgDNS. In any event, liability is limited to cases of wilful misconduct or gross negligence and is capped at the total fee paid by the user to JusProg e.V. over the past three months. This exclusion of liability does not apply where this is not permitted by law, in particular with regard to liability for injury to life, limb or health, and in cases of wilful misconduct or gross negligence.
JusProg e.V. points out that the JusProg software has only been tested on standard installations and that it is not within the remit of JusProg e.V. to ensure that JusProgDNS functions correctly in combination with other software installed on the same device or computer system – including, amongst other things, anti-virus software – or that it does not impair the functionality of such other software.
JusProg shall not be liable for any damage incurred by the user as a result of restricted access to the internet. The JusProgDNS login system uses passwords. The user acknowledges that they are personally responsible for remembering the passwords, which they usually set themselves, and that JusProg e.V. is not obliged and is generally not in a position to recover passwords or password recovery questions. Should a reinstallation of the computer system or the end-user device’s operating system be necessary due to forgotten passwords, this shall be carried out at the user’s own responsibility.
JusProg shall not be liable if unauthorised third parties (e.g. so-called ‘hackers’) misuse JusProgDNS functions or gain unauthorised access to the computer system.
JusProg accepts no liability whatsoever for the reliability of the filtering or the other functionality of JusProgDNS, whether in relation to blocking or permitting access to websites, software or functions of the computer system. When filtering websites, one must always assume that reliability is limited. In particular, but not exclusively, for age groups from 12 years and above, reduced reliability of the filtering is to be expected, as websites unknown to the system are generally displayed from this age group onwards. Depending on the settings in the login area, this may also be the case from an earlier age group.
Availability of, and a response from, JusProg’s support service is not guaranteed.
The user is aware that, in the case of a service provided free of charge or for a nominal fee, a reduced level of liability and support from the provider must be expected.
3. Invoicing
Unless otherwise agreed, a payment term of three weeks applies to invoices issued by JusProg e.V. Deductions and cash discounts are not permitted. Unless otherwise agreed, payments must be made to the bank account within the EU specified by JusProg e.V.
In the case of contractual relationships with organisations, companies and government bodies, unless otherwise agreed, amounts are to be understood as net amounts plus the statutory value added tax applicable in Germany, as JusProg e.V. is liable for value added tax. In the case of contractual relationships with customers outside Germany, the applicable legal and tax regulations shall apply. JusProg has the right, but not the obligation, to make use of the reverse charge mechanism where applicable.
If the contracting party defaults on payment of amounts due, JusProg e.V. is entitled to charge interest on arrears at the statutory rate (Section 288 of the German Civil Code (BGB)).
Without prejudice to any further rights, JusProg e.V. reserves the right, in the event of a payment delay exceeding 14 days, to charge a reminder fee of €10.00 per reminder, as well as a flat-rate late payment fee of 9 percentage points above the base rate in accordance with Section 288(2) of the German Civil Code (BGB) (in the case of private consumers, where applicable, 5 percentage points above the base rate pursuant to Section 247 of the German Civil Code (BGB)) of the outstanding amount. The late payment charge may also be spread across several reminders.
This does not affect the right to claim further damages arising from default. This may be the case, for example, if hardware provided for larger customers in the data centre is no longer utilised as planned or agreed.
Set-off against claims against JusProg e.V. is only permitted in respect of undisputed or legally established counter-claims.
The assertion of a right of retention is only permissible insofar as it is based on the same contractual relationship.
4. Contract Term and Termination
Private users who do not pay a fee may terminate the contract at any time by ceasing to use JusProgDNS.
The contract term for Premium and other customers is 12 months, unless otherwise agreed. The contract shall be extended for the same period in each instance, unless it has been terminated by either party with three months’ notice prior to the end of the contract term. The reason for this contract term includes, amongst other things, the need for planning certainty regarding the hardware equipment in the data centres. Terminations in due time must be made in writing in accordance with Section 126b of the German Civil Code (BGB) and sent to the email address ‘bestellungen at jusprog.de’.
This does not affect termination for good cause. Unless otherwise agreed, both parties are entitled to terminate contracts or usage referring to these Terms of Use for good cause without observing a notice period. Good cause shall be deemed to exist, in particular, where, taking into account all the circumstances of the individual case and weighing up the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the expiry of the standard notice period or until the agreed termination of the contract.
Valid grounds may include, in particular:
- a serious or repeated breach of contractual obligations, e.g. a delay of more than four weeks in settling invoices,
- the cessation of the association’s charitable activities or a material change thereto,
- the discontinuation of services by JusProg e.V.,
- the anticipated or actual insolvency of a contracting party,
- significant changes to the legal or factual framework that render the continuation of the contractually agreed service unreasonable,
- cost increases which make the continued operation of services unreasonable or difficult for the non-profit association to bear,
- conduct by the contracting party towards JusProg e.V. and its services that significantly damages its reputation,
- the use of JusProg e.V.’s services not for the purpose of protecting children and young people in telemedia (the internet), as specified in the association’s Articles of Association,
- the use of JusProg e.V.’s services for the purpose of creating, enriching, verifying or similar activities, and, where applicable, the publication or use of a filter list or other domain list beyond the scope agreed in writing (e.g. caching).
Disruptions to JusProg’s services shall only be deemed serious if they render internet use impossible for more than 3 per cent of the time on an annual average. Errors and differing assessments in the age classification of websites (domains) do not, as a rule, constitute serious grounds within the meaning of this provision.
Termination for good cause must be in writing and must state the relevant grounds. If JusProg e.V. is unable to contact the customer in writing, or cannot do so reliably – for example, because no valid address details are available or the contact and contractual partners are unclear – written notification in text form in accordance with Section 126b of the German Civil Code (BGB) shall also suffice; in particular, this includes an email sent to the email address provided by the customer at login.jusprogdns.com or otherwise known to JusProg e.V. It is sufficient for JusProg e.V. to send the email. Users with contractual obligations are required to ensure that the email address they have provided to JusProgDNS remains up to date and reliable.
5. Jurisdiction and Severability Clause
Should any provision of these Terms of Use or of any contract or signed offer referring thereto be or become invalid or void, this shall not affect the validity of the remaining provisions. In place of the invalid or void provision, the parties shall agree on a provision that most closely approximates the purpose intended by the invalid or void provision. This also applies to the filling of any gaps in the contract.
The place of jurisdiction for all judicial and pre-litigation disputes is Hamburg. The parties may agree by mutual consent to settle disputes out of court.
JusProg e.V., as at: May 2025