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BGB 79. 3 The user must be informed that he can use the data transmitted only for information purposes . The competent agency must verify ( e. g . by spot checks ) whether there is evidence that the inspection permitted under sentence 1 above has been exceeded or transmitted data are being misused .
BGB 79. 4 The competent agency may exclude a user from taking part in the computerised retrieval procedure if he endangers the functional reliability of the retrieval equipment , exceeds the inspection permitted under subsection 3 sentence 1 above or abuses transmitted data ; the same applies in the case of imminent exceeding of the permissible inspection or imminent abuse .
BGB 305. 1 Standard business terms are all contract terms pre-formulated for more than two contracts which one party to the contract ( the user ) presents to the other party upon the entering into of the contract . It is irrelevant whether the provisions take the form of a physically separate part of a contract or are made part of the contractual document itself , what their volume is , what typeface or font is used for them and what form the contract takes . Contract terms do not become standard business terms to the extent that they have been negotiated in detail between the parties .
BGB 305. 2 Standard business terms only become a part of a contract if the user , when entering into the contract , refers the other party to the contract to them explicitly or , where explicit reference , due to the way in which the contract is entered into , is possible only with disproportionate difficulty , by posting a clearly visible notice at the place where the contract is entered into , and gives the other party to the contract , in an acceptable manner , which also takes into reasonable account any physical handicap of the other party to the contract that is discernible to the user , the opportunity to take notice of their contents , and if the other party to the contract agrees to their applying .