§1 Scope

(1) Max Schumann, Luca Drefke and Alec Putzmann Informaten GbR, hereinafter referred to as “provider”, offers various hosting services. These General Terms and Conditions (GTC) apply to all contracts between the provider and its customers in the version valid at the time the contract is concluded.
(2) Differing, conflicting or supplementary general terms and conditions of the customer do not become part of the contract unless their validity is expressly agreed to in writing.

§2 Conclusion of contract

(1) The presentation of the services on the provider's website does not represent a legally binding offer, but rather a non-binding online catalog. The customer can select services from the provider's range and collect them in a so-called shopping cart using the "Order" button . Using the “Complete order” button, he submits a binding application to purchase the services in the shopping cart. Before submitting the order, the customer can change and view the data at any time.

(2) Confirmation of receipt of the order occurs immediately after sending the order and does not constitute acceptance of the contract. The provider can accept the customer's order by means of a written order confirmation or by providing the service within five days. The contract is only concluded with the order confirmation from the provider or with the start of the service.

(3) There is no general authorization to use the service. The service provider has the right to refuse to accept the contract from users without giving reasons.

§3 Scope of services

(1) The exact scope of services to be provided by the provider can be found in the service description on the provider's website and in the information provided in the ordering process.

(2) The provider is entitled to determine the technical means used to provide the service at its own discretion, provided this is not unreasonable for the customer.

(3) The provider is entitled to change, expand, restrict or discontinue the services offered, provided that this does not significantly change the services agreed in the contract.

(4) The provider is entitled to commission third parties as subcontractors to provide the services.

(5) The provider is entitled to change the technical requirements necessary to provide the services. The provider will inform the customer of such changes in a timely manner.

§4 Domain registration

(1) When providing and maintaining domains, the provider only acts as an intermediary in the relationship between the customer and the respective registrar. The contract for domain registration is only concluded when the registration is confirmed by the provider.

(2) The customer assures that the domain requested by him does not violate any rights of third parties. The customer releases the provider from all third-party claims that are asserted due to the registration of the domain.

(3) The provider has no influence on the allocation of domains. Liability in the event that a domain cannot be allocated is excluded.

(4) The customer is obliged to inform the provider immediately of any changes to the data necessary for registering the domain.

(5) The provider is entitled to withhold the activation of a domain until the customer has paid the agreed fee.

§5 Term of the contract and termination

(1) The contract is concluded for the term agreed between the parties. Unless the parties have agreed on a specific term, the contract is deemed to be concluded for an indefinite period.

(2) The contract can be terminated by either party with four weeks' notice to the end of the agreed term. The termination must be made in text form (e.g. by email, fax or letter).

(3) The right to termination without notice for good cause remains unaffected. An important reason exists in particular if the customer violates essential contractual obligations or if the customer defaults on payment of the remuneration despite a reminder.

(4) The term of prepaid services is determined by the term paid in advance. There is no provision for termination before this period has expired.

(5) In the case of a domain registration, the termination must state whether the domain should be deleted immediately, deleted at the end of the contract term or released for a change of provider. After termination, the customer has 30 days to change provider. If the provider change (transfer) is not completely completed within this time, the release for the provider change of the domain(s) will be revoked.

§6 Remuneration, late payment and reminder

(1) The remuneration for the services provided by the provider is based on the prices agreed in the contract. Unless otherwise stated, all prices are net prices and do not include VAT.

(2) The customer is obliged to pay the remuneration in advance, unless otherwise agreed. Payment is due within 14 days of the invoice being issued.

(3) In the event of late payment, the provider is entitled to charge default interest of 5 percentage points above the base interest rate of the European Central Bank. The customer is free to prove minor damage.

(4) If the customer defaults on payment, the provider is entitled to stop providing the services until the outstanding amount is settled.

(5) The provider is entitled to charge a reminder fee of 5 euros for each reminder. The customer is free to prove minor damage.

§7 Obligations of the customer

(1) The customer is obliged not to use the services provided by the provider for illegal purposes or to enable third parties to use them for illegal purposes.

Customers are strictly prohibited from using the servers provided by the provider to send unsolicited advertising emails or to operate file-sharing or file-sharing networks.

The distribution of the following data is also prohibited, although this list is not exhaustive:

• Data with pornographic or content harmful to minors
• Data with inciting content or content from anti-constitutional organizations
• Data whose use and public communication violate copyrights, ancillary copyrights or industrial property rights (patents, trademarks, designs and utility models).
• Data that violates the rights of third parties to one's own image, name or personality rights

(2) The customer is obliged not to use the services provided in a way that endangers the security, integrity or availability of the infrastructure provided by the provider.

(3) The customer is obliged to inform the provider immediately of all circumstances that could be important for the provision of the services.

(4) The customer is responsible for regularly making backup copies of the content stored on the server. Without a special contractual agreement, the provider has no obligation to regularly back up the content.

(5) The customer is obliged to pay the agreed remuneration on time.

(6) The customer is obliged to take all necessary measures to protect his data from loss or unauthorized access.

(7) The customer is obliged to indemnify the provider from all third-party claims that arise due to the unlawful use of the services by the customer or with the latter's approval by third parties or due to a breach of the customer's obligations to the provider.

§8 Availability, warranty and liability

(1) The provider guarantees an availability of its services of 99.5% on an annual average. This does not apply to times when the server cannot be reached via the Internet due to technical or other problems that are beyond the control of the provider (force majeure, fault of third parties, etc.).

(2) The provider is not liable for damage caused by temporary unavailability or a temporary restriction of services.

(3) The provider is not liable for damage caused by improper use of the services by the customer.

(4) The provider's liability for damage caused by slight negligence is limited to the typically foreseeable damage.

(5) The provider's liability for data loss is limited to the typical restoration effort that would have been incurred if the customer had made regular and risk-appropriate backup copies.

(6) The above limitations of liability do not apply to damages resulting from injury to life, body or health that are based on a negligent breach of duty by the provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the provider.

§9 Release of liability

(1) The customer indemnifies the provider from all third-party claims that arise due to the unlawful use of the services by the customer or with the approval of third parties or due to a breach of the customer's obligations to the provider.

(2) The customer is obliged to reimburse the expenses necessary for legal prosecution that the provider incurs as a result of legal claims by third parties due to the content posted by the customer or due to the infringement of third party rights through the domain registration. This does not apply if the customer is not responsible for the infringement.

(3) In the event of a claim by third parties, the customer is obliged to provide the provider immediately, truthfully and completely with all information required to examine the claims and defend them.

§10 Responsibility for content

(1) The customer is solely responsible for the content that he stores, publishes or transmits when using the provider's services. The customer ensures that the content stored, published or transmitted by him does not violate applicable law or the rights of third parties.

(2) The provider assumes no obligation to check the content stored, published or transmitted by the customer. However, the provider is entitled to block or remove content if there are concrete indications that this content violates applicable law or the rights of third parties.

(3) The customer releases the provider from all claims by third parties that are asserted based on the content stored, published or transmitted by the customer.

§11 Blocking of content, exclusion of users

(1) The provider is entitled to temporarily or permanently block the customer's access to the services if there are concrete indications that the customer is violating these General Terms and Conditions or applicable law or if the provider has a legitimate interest in blocking the service.

(2) When deciding whether to block the service, the provider will take appropriate account of the customer's legitimate interests.

(3) In the event of a temporary or permanent block, the provider blocks the customer's access data and informs the customer of this by email.

(4) In the event of a permanent block, the provider is entitled to terminate the contract with immediate effect.

(5) If a user has been excluded from using the service, he is prohibited from registering for the provider's service again and using it, regardless of the name under which this is done.

§12 Changes to the General Terms and Conditions

(1) The provider is entitled to change these terms and conditions at any time. The provider will inform the customer about changes to the terms and conditions in text form (e.g. by email). The changes are deemed to have been accepted by the customer if the customer does not object within four weeks of receiving the notification.

(2) If the customer objects to the changes to the General Terms and Conditions, the provider is entitled to terminate the contract with four weeks' notice to the end of the month.