General Terms and Conditions of Service
1. Scope
1.1
Webbser UG (limited liability) provides all deliveries and services for the web hosting products exclusively on the basis of these terms and conditions of service.
1.2
We do not recognize any terms and conditions of the customer that deviate from these terms and conditions in whole or in part, unless we have expressly agreed to them in writing. These terms and conditions of service apply exclusively even if we provide our services without reservation in the knowledge that the customer’s terms and conditions conflict with them.
1.3
These general terms and conditions of service also apply to future transactions between the parties.
1.4
The various top-level domains (“end abbreviations”) are managed by a large number of different, mostly national organizations. Each of these organizations for the allocation of domains has set different conditions for the registration and management of the top-level domains, the associated sub-level domains and the procedure for domain disputes. If top-level domains are the subject of the contract, the corresponding award conditions also apply. If .de domains are the subject of the contract, in addition to the DENIC registration conditions, the DENIC registration guidelines and the DENIC direct price list apply.
2. Service obligations
2.1
Webbser UG (limited liability) guarantees that its servers will be accessible 97% of the time on average per year. This does not include times when the server cannot be reached due to technical or other problems that are outside the control of Webbser UG (limited liability) (force majeure, fault of third parties, etc.). Webbser UG (limited liability) can restrict access to the services if the security of the network operation, the maintenance of network integrity, in particular the avoidance of serious disruptions to the network, the software or stored data, require this.
2.2
Only one service tariff from Webbser UG (limited liability) can be used for each of the customer’s Internet domains.
2.3
Unless otherwise agreed, a data transfer volume of two gigabytes per month is included in the tariff. The data transfer volume used is the sum of all data transfers associated with the customer order (e.g. emails, downloads, uploads, websites). To determine the data transfer volume, one gigabyte corresponds to one thousand megabytes, one megabyte to one thousand kilobytes and one kilobyte to one thousand bytes.
2.4
The customer selects a specific tariff when ordering. It is not possible to combine different promotional offers.
3. Domain registration, exemption, domain disputes
3.1
When acquiring and/or maintaining domains, Webbser UG (limited liability) acts only as an intermediary in the relationship between the customer and the respective domain allocation organization. Webbser UG (limited liability) has no influence on the allocation of domains. Webbser UG (limited liability) does not guarantee that the domains requested for the customer will be allocated at all and/or that allocated domains are free of third-party rights or will remain in existence in the long term.
3.2
The customer guarantees that the domain requested by him does not infringe the rights of third parties. The customer releases Webbser UG (limited liability), its employees and vicarious agents, the respective organization for the allocation of domains and other persons involved in the registration from any claims for compensation by third parties and all expenses that are based on the improper use of an Internet domain by the customer or with the customer’s approval.
4. Contract Offer, Contract Conclusion, Contract Termination
4.1
The Webbser UG (limited liability) is entitled to accept the customer's request to conclude the contract within a period of 14 days after the telephone order or the submission of the order by the customer..
4.2
The contract is only concluded when the customer's application is countersigned by Webbser UG (limited liability) or with the first act of performance.
4.3
The contract is concluded for an indefinite period. The contractual relationship can be terminated by either party without stating reasons, with a notice period of 30 days to the end of the month..
4.4
Webbser UG (limited liability) is entitled to release the customer's domain after the termination of the contract. All rights of the customer arising from the registration expire no later than upon this release.
4.5
If third parties assert claims against Webbser UG (limited liability) due to actual or alleged legal violations in accordance with Section 9.2, Webbser UG (limited liability) is entitled to place the customer's domain directly under the registrar's custody and suspend the customer's corresponding presence.
4.6
The right of both parties to terminate the contract without notice for good cause remains unaffected. Good cause for Webbser UG (limited liability) particularly exists if the customer a) is in default of payment for more than 20 calendar days.
b) Culpably violates one of the obligations regulated in Sections 4, 9.1, 9.2, 10.1, 10.4, or 10.8, or
c) culpably violates the award conditions or the award guidelines.
4.7
Every termination requires written form to be effective, which is also deemed preserved if sent by fax.
4.8
The subject of this contract includes all domains requested by the customer, provided they have been allocated to the customer. If individual domains of a package are terminated by the customer or due to binding decisions in domain disputes, the customer is not entitled to request a free replacement domain. Neither for individual domains of a package nor for additional individually booked domains will a refund be provided in the event of early termination, unless the termination was caused by Webbser UG (limited liability). This also applies to other separable individual services of a package or additionally booked options.
4.9
In the event that Webbser UG (limited liability) is unable to maintain the registration of a customer's sub-level domain under the provisions of the respective awarding authority for certain top-level domains, Webbser UG (limited liability) is entitled to terminate the contract for these services with the customer extraordinarily with a notice period of 14 days to the end of the month.
5. Prices and Payment
5.1
The company Webbser UG (limited liability) is entitled to increase the fees no more than once per quarter. Any price increase requires the customer's consent. Consent is deemed granted if the customer does not object to the price increase within 4 weeks of receiving the notification of change. Webbser UG (limited liability) is obligated to inform the customer in the notification of change about the consequences of failing to object. The prices are fixed prices. Unless the primary obligation, i.e., the obligation to pay the usage-independent basic fee, is affected, Webbser UG (limited liability) determines the fees based on the current price list at its reasonable discretion. In the event of default, Webbser UG (limited liability) charges interest at a rate of ten percent annually and is entitled to immediately suspend the customer's or the reseller's customer's internet presence. The statutory default interest rate is, in any case, the minimum interest rate.
5.2
The web hosting services of Webbser UG (limited liability) are invoiced in advance according to the selected payment option.
5.3
Webbser UG (limited liability) is entitled to activate a domain only after the agreed fees for registration have been paid.
5.5
The customer may only offset our claims with claims that are either undisputed or legally established.
6. Rights of third parties
The Webbser UG (limited liability) will defend the customer against all claims arising from an infringement of an industrial property right or copyright by Webbser UG (limited liability) in the Federal Republic of Germany and will cover the costs and damages imposed on the customer by a court, provided that the customer has promptly notified Webbser UG (limited liability) in writing of such claims and Webbser UG (limited liability) reserves all technical and legal defense measures and settlement negotiations. The aforementioned obligations of Webbser UG (limited liability) shall not apply if third-party claims are based on the fact that hardware or programs were modified or used together with hardware or programs not supplied by Webbser UG (limited liability).
7. Liability
7.1
The Webbser UG (limited liability) is only liable for damages if the Webbser UG (limited liability) or one of its vicarious agents has violated an essential contractual obligation (cardinal obligation) in a manner that endangers the purpose of the contract, or if the damage is due to gross negligence or intent on the part of the Webbser UG (limited liability) or one of its vicarious agents. If the culpable breach of an essential contractual obligation (cardinal obligation) is neither grossly negligent nor intentional, the liability of the Webbser UG (limited liability) is limited to the damage that was reasonably foreseeable for the Webbser UG (limited liability) at the time the contract was concluded.
7.2
The liability of Webbser UG (limited liability) for guaranteed properties, personal injuries, and due to mandatory legal provisions remains unaffected.
7.3
In the area of application of the Telecommunications Customer Protection Ordinance (TKV), the liability regulation of Section 7 Paragraph 2 TKV remains unaffected in any case.8. Internet presence, content of Internet pages
8. Internet presence, contents of Internet pages
8.1
The customer is obliged to mark the content posted on his website as his own content, stating his full name and address. The customer is advised that a further legal obligation to mark may exist, for example, if teleservices or media services are offered on the website. The customer releases Webbser UG (limited liability) from all claims based on a violation of the aforementioned obligations.
8.2
The customer may not violate legal prohibitions, common decency or the rights of third parties (trademarks, name rights, copyrights, data protection rights, etc.) through the Internet presence, banners displayed there, or the name of his email address. In particular, the customer undertakes not to offer or have offered any pornographic content or services aimed at making a profit that have pornographic and/or erotic content (e.g. nude pictures, peep shows, etc.) as their subject matter. The customer may not enter his Internet presence in search engines if the customer violates legal prohibitions, common decency or the rights of third parties by using keywords when entering the information. For each case of violation of one of the above obligations, the customer promises Webbser UG (limited liability) to pay a contractual penalty of EUR 5,000.00 (in words: five thousand fifty euros), excluding the assumption of a continuing connection.
8.3
Webbser UG (limited liability) is not obligated to check the customer's Internet presence for possible legal violations. After identifying legal violations or content that is inadmissible according to section 9.2, Webbser UG (limited liability) is entitled to block the presence. Webbser UG (limited liability) will inform the customer immediately of such a measure.
9. Pflichten des Kunden
9.1
The customer guarantees that the data he has provided to Webbser UG (limited liability) is correct and complete. He undertakes to inform Webbser UG (limited liability) immediately of any changes to the data provided and, upon request from Webbser UG (limited liability), to reconfirm the current accuracy within 15 days of receipt. This applies in particular to
me and postal address of the customer,
- · Name, postal address, email address and telephone and fax number of the technical contact for the domain,
- · Name, postal address, email address and telephone and fax number of the administrative contact for the domain and
- · if the customer provides their own name servers: Additionally, the IP addresses of the primary and secondary name servers including the names of these servers.
9.2
The customer must check incoming messages in his or her email inbox at regular intervals of no more than four weeks. Webbser UG (limited liability) reserves the right to send personal messages received for the customer back to the sender if the capacity limits provided for in the respective tariffs are exceeded.
9.3
The customer undertakes to keep passwords received from Webbser UG (limited liability) for the purpose of accessing its services strictly confidential and to inform the provider immediately as soon as he becomes aware that unauthorized third parties know the password. If, due to the customer's fault, third parties use services from Webbser UG (limited liability) by misusing the passwords, the customer is liable to Webbser UG (limited liability) for usage fees and damages. The customer is advised that it is his responsibility to carry out a data backup after each working day on which the data stock was changed by him or his vicarious agents, whereby data stored on the servers of Webbser UG (limited liability) may not be backed up on these servers. The customer must make a complete data backup, especially before beginning any work by Webbser UG (limited liability) or before installing any hardware or software supplied. The customer must also thoroughly test each program for defects and usability in their specific situation before starting to use the program. This also applies to programs that they receive from Webbser UG (limited liability) as part of the warranty and maintenance. The customer is expressly advised that even minor changes to the software can affect the operability of the entire system.
9.4
The customer undertakes not to send or have sent any emails containing advertising without the express consent of the respective recipient. This applies in particular if the emails in question are distributed en masse with the same content (so-called “spamming”). If the customer violates the aforementioned obligation, Webbser UG (limited liability) is entitled to block the tariff immediately.
9.5
The customer is obliged to design his website in such a way that excessive load on the server is avoided, e.g. through CGI scripts that require high computing power or use an above-average amount of memory. Webbser UG (limited liability) is entitled to exclude pages that do not meet the above requirements from access by the customer or third parties. Webbser UG (limited liability) will inform the customer immediately of such measures.
9.6
Webbser UG (limited liability) will provide volumes for additional data transfer within the scope of the technical capabilities of the data center and taking into account the service obligation towards other customers for an additional fee, the amount of which is determined from the currently valid price list.
9.7
The customer can specify in writing to Webbser UG (limited liability) the maximum amount of additional data transfer volume that he or she should be granted each month. If such a specification exists and this maximum amount is reached, additional data transfer is no longer possible in the corresponding month.
9.8
The customer undertakes not to operate any chats on the presences stored by Webbser UG (limited liability).
10. Datenschutz
10.1
Webbser UG (limited liability) collects, processes and uses a user’s personal data without further consent only to the extent that it is necessary for the establishment and execution of the contract and for billing purposes.
10.2
Webbser UG (limited liability) expressly advises the customer that data protection for data transmissions in open networks such as the Internet cannot be fully guaranteed given the current state of technology. The customer is aware that the provider can, from a technical point of view, view the pages stored on the web server and, under certain circumstances, other customer data stored there at any time. Other Internet users may also be technically able to intervene in network security and control message traffic without authorization. The customer is fully responsible for the security and backup of the data he transmits to the Internet and stores on web servers.
11. Schlussbestimmungen
11.1
If the customer is a merchant, a legal entity under public law, a special fund under public law or has no place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from this contract is Karlsruhe. Webbser UG (limited liability) is also entitled to sue the customer at his or her general place of jurisdiction. The law of the Federal Republic of Germany applies exclusively to contracts concluded by Webbser UG (limited liability) on the basis of these General Terms and Conditions of Service and to any claims arising from them, regardless of their nature, to the exclusion of the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG).
11.2
Should provisions of these General Terms and Conditions of Service and/or the contract be or become invalid, this shall not affect the validity of the remaining provisions. Rather, in place of each invalid provision, a replacement provision shall apply that corresponds to the purpose of the agreement or at least comes close to it, as the parties would have agreed to achieve the same economic result if they had known of the invalidity of the provision. The same applies to incompleteness.
