Terms of Service
§ 1.1 AIHoster.com (F.Netzel) operates computers that are constantly connected to the Internet (web server). It makes these computers completely (dedicated) or in parts (virtually dedicated) available to other companies for their own purposes. The information stored on the servers can be called up worldwide via the Internet computer communication network.
§ 1.2 The scope of services results from the product or service description, which is linked to the order form and can be accessed via the Internet or autoresponder. It is the responsibility of the customer, before placing a binding order, irrespective of which of the above channels is used, to find out about the current prices and the possibly changed scope of services and functions before ordering.
§ 1.3 By sending the AIHoster.com (F.Netzel) online order forms or an informal order by email or email template to firstname.lastname@example.org, a binding contract for the use of the services is concluded between AIHoster.com (F. Netzel) and the customer (client) acc. current product / service description. This is expressly indicated immediately before the order is sent. This contract is fully valid even without the subsequent transmission of the written order confirmation, as an automated order processing (e.g. domain registration, service provision) takes place after the order has been sent. If the customer makes use of his right of objection after submitting the order, the services actually provided at this point in time (e.g. domain fees for domains already registered for him, set-up and technician flat rates, etc.) are due in full in any case.
§ 1.4 If the customer has ordered a service from a third party via AIHoster.com (F.Netzel) or has also ordered it as an additional service, this establishes separate contractual relationships with the respective technology partner of AIHoster.com (F.Netzel) on the basis of its contractual and terms and conditions. Such contractual relationships are subject to the conditions defined in the order and the applicable general terms and conditions of the respective partners. Such contracts end regardless of the contractual relationship between AIHoster.com (F.Netzel) and the customer and affect this only to the extent expressly stated.
§ 1.5 Internet access with the necessary technical equipment is a prerequisite for using the service. If there are technical changes on the AIHoster.com (F.Netzel) website, these will be notified in good time by e-mail to the e-mail address provided when the order was placed. It is the customer's responsibility to notify AIHoster.com (F.Netzel) in good time of any necessary adjustments and updates to their address and email address.
§ 1.6 Domain names on the virtual server, networks and data systems are registered by AIHoster.com (F.Netzel) at the respective Network Information Center (NIC) and billed directly to the customer. The domain names are registered on the customer's personal data, ie the customer is the sole domain owner (Admin-C). The customer undertakes to provide complete and truthful contact information when ordering. AIHoster.com (F.Netzel) assures that all domain names will be released immediately, provided that all due claims have been properly settled, otherwise AIHoster.com (F.Netzel) is entitled to a retention of title acc. To assert BGB and to prevent reconnection, if necessary by transferring it to yourself, and to make use of the right of retention. The data for registering domain names are transmitted to the respective NIC in an automated process. When ordering a domain or commissioning a domain takeover, the customer acknowledges the allocation guidelines of the respective NIC and is fully liable for violations of these guidelines. The customer can only assume that the domain name will be actually available and allocated if this has been confirmed by the respective registration office. For all TopLevel domain names, the corresponding fees are calculated regardless of the success of the registration, provided that the customer is at fault. The customer therefore undertakes to check the availability of the desired name directly with the relevant registration offices and their official databases before ordering, although the time lag during registration, obsolete data in the Whois databases or parallel registration attempts by third parties do not give rise to any availability claims. Any liability and guarantee for the allocation of the ordered domain names on the part of AIHoster.com (F.Netzel) is excluded. The customer / domain owner is also liable in the event of a legal dispute if he violates the naming, property or trademark rights of third parties or the registration provisions of the responsible NIC through the reservation, deletion, domain transfer or domain modification of a domain name. In this context, the regulations according to Point 5.3ff of these terms and conditions.
§ 1.7 The IP addresses required to operate websites and other services remain in the possession of AIHoster.com (F.Netzel) and may be changed at short notice if necessary. The customer has no right to permanent use of the same IP address, although AIHoster.com (F.Netzel) endeavors to permanently assign the IP addresses for the duration of the contractual relationship. If there is a change in IP addresses, host names or other technical variables, AIHoster.com (F.Netzel) will notify the customer of this at short notice. The customer is solely responsible for any changes that may be required on the customer side and the resulting costs.
§ 1.8 All AIHoster.com (F.Netzel) services are used at the fees applicable at the time the contract is concluded in accordance with the product information, which is only available online at www.aihoster.com are available. Deviating offers, services and prices may be submitted to the customer individually on request in separate, written offers in connection with an offer number and have a validity period specified in the offer. In order to validate the offer, the customer undertakes to indicate the transmitted offer number when ordering.
§ 1.9 The fees are paid monthly, quarterly, semi-annually or annually for the current period by bank transfer in advance. One-off fees, variable fees and purchase prices for other products are due when the service is provided. The customer undertakes to notify AIHoster.com (F.Netzel) of changes to his billing address and email address immediately and without being asked.
§ 1.10 The customer is also responsible for charges that other persons, authorized or unauthorized, cause via his customer number, unless the customer is not responsible for this. The customer is responsible for proving that he is not responsible for this.
§ 1.11 If the customer fails to pay his invoice three days after the invoice has been issued, AIHoster.com (F.Netzel) is entitled to temporarily or permanently access all active services after a payment request has been made by e-mail, post or fax to block their dialogue ability, as well as to provide the affected service with an anonymous blocking note. If the customer is in arrears with an amount that corresponds to the monthly fee within a period of more than seven days, AIHoster.com (F.Netzel) can terminate the contractual relationship for good cause without observing a notice period. In this case, AIHoster.com (F.Netzel) will initiate judicial dunning proceedings, the costs of which the defaulting payer must bear in full, including all dunning and other fees.
- The customer can make the payment by SEPA direct debit mandate, PayPal, credit card or by bank transfer. Payment by SEPA direct debit mandate is only possible for new customers with their first order up to a goods order value of EUR 100.00.
- The payment of the purchase price is payable immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, the customer is already in default by missing the date. In this case he has to pay AIHoster.com (F.Netzel) default interest in the amount of 5 percentage points above the base rate. If no consumer is involved in the contract, AIHoster.com (F.Netzel) can charge interest of 9 % above the base rate from the default.
- The customer's obligation to pay interest on arrears does not exclude the assertion of further damages caused by delay by AIHoster.com (F.Netzel).
AIHoster.com (F.Netzel) is entitled and required to inform all end users of the respective services directly and immediately about the discontinuation of the service in the event of the permanent blocking of Internet presences in order to avoid impairment or financial loss. In this case, AIHoster.com (F.Netzel) is expressly NOT obliged to protect customers against resellers or distributors who pass on their services to their customers via AIHoster.com (F.Netzel).
§ 1.12 Should a central registry responsible for the domain registration, the so-called Network Information Center (NIC), or another provider of the technical internet infrastructures used by AIHoster.com (F.Netzel), its pricing or its billing model for internet addresses (so-called domains) or other technical services change, AIHoster.com (F.Netzel) is entitled to adjust the fees to the customer accordingly without separate deadlines when the change takes effect. If such an adjustment is significant, the customer has a special right of termination.
§ 1.13 The customer can only offset claims from AIHoster.com (F.Netzel) with undisputed or legally established counterclaims.
§ 1.14 The customer is only entitled to assert a right of retention or a right to refuse performance because of undisputed or legally established counterclaims.
§ 1.15 The customer expressly consents to a credit check carried out by the contractual partner / debt collection company in order to check the correctness and solvency of the customer. An activation of the ordered offer takes place with the payment method "direct debit", only after a positive credit check and successful verification of the customer via telephone call or by switching to prepayment for the first payment.
§ 2.1 a) AIHoster.com (F.Netzel) provides services itself or through third parties in accordance with the more detailed specifications of the range of services published on the Internet at the time of the order. b) The customer is entitled to display other companies or their goods and services on the web server. The customer assumes liability for third-party presentations in any case. c) Interested parties who have internet access can access the customer's information stored on the web server around the clock free of charge. d) AIHoster.com (F.Netzel) provides the customer with access with which he can manage his server himself via the Internet. This access is protected with a password. AIHoster.com (F.Netzel) does not know the password. The customer undertakes to keep the password strictly confidential and to inform the provider immediately as soon as he becomes aware that the password is known to unauthorized third parties. If the customer creates his own pages or has them created by third parties, he is solely responsible for the content of his pages. He releases the provider internally from any claims by third parties based on deficiencies in the content of the offer.
§ 2.2 The text, image and sound materials and programs (e.g. CGI / PEARL modules) made available by AIHoster.com (F.Netzel) as part of the Internet service are usually protected by copyright. The customer can use materials made available by AIHoster.com (F.Netzel) to design their own Internet content for the duration of the contractual relationship at the Internet address provided via AIHoster.com (F.Netzel) and also personalize or modify. Any other use (in particular duplication, keeping and making available) is only permitted with the written approval of AIHoster.com (F.Netzel).
§ 2.3 AIHoster.com (F.Netzel) is only liable for the correctness, correctness, desired functionality and completeness of the content and program modules within the framework of the liability rule according to Section 14. AIHoster.com (F.Netzel) is for content that is not on its own servers , not responsible and - without prejudice to Clause 14 - cannot accept any liability for this content and / or function.
§ 2.4 So-called log files for the last 6 months are stored on the customer's server for the creation of statistics by the customer. AIHoster.com (F.Netzel) evaluates the log files only for the purpose of providing the customer with centrally prepared and condensed statistics in accordance with customer information and for the currently legally anchored data retention period of 6 months. Any further storage and use by AIHoster.com (F.Netzel) is excluded.
§ 2.5 Technical limitations are regulated in the system policies, which can be found under https://www.aihoster.com/system-policy/ can be viewed or requested.
§ 3.1 The customer undertakes to provide the name and address for his private or business offers and, in the case of associations and groups, also the name and address of the authorized representative (legal requirement according to §6 TDG).
§ 3.2 The customer guarantees that the content does not violate applicable law. In addition, the posting of erotic or pornographic content is permitted in the context of the AIHoster.com (F.Netzel) Internet services, provided that it does not violate existing German law. No content may be published that depicts or describes sex with minors, animals or inhumane acts. The pages must be protected by a password and youth protection system approved in Germany; an appropriate youth protection officer must be provided for content that is harmful to minors. Furthermore, no links or advertising may be included to pages with erotic content that are not also equipped with a password protection system. AIHoster.com (F.Netzel) is entitled to permanently block the aforementioned content immediately and without prior notice.
§ 3.3 The customer is aware that all participants in the transmission path of the Internet generally have the opportunity to gain knowledge of the data being transmitted without authorization. The customer accepts this risk.
4. Registration, changing, changing and terminating domains
§ 4.1 AIHoster.com (F.Netzel) only provides non-binding information about the availability of a domain by phone or internet. Between information and registration, an assignment to a third party can take place by the respective Network Information Center (NIC), i.e. the responsible domain registry or another body without AIHoster.com (F.Netzel) having any influence or knowledge of it.
§ 4.2 Unless otherwise agreed, a domain is registered as a German ".de" domain. The registration data will be forwarded to DENIC or another responsible body in an automated process without guarantee. The customer can only assume an actual allocation if the Internet service from AIHoster.com (F.Netzel) has been made available under the desired name or names. Any liability and guarantee for the allocation of ordered domain names as well as for the interim allocation to another party are excluded on the part of AIHoster.com (F.Netzel).
§ 4.3 If the domains requested by the customer are no longer available, AIHoster.com (F.Netzel) will consider any alternatives specified by the customer in turn. If none of the specified names or an insufficient number are available, AIHoster.com (F.Netzel) will request additional domain names from the customer for registration.
§ 4.4 AIHoster.com (F.Netzel) looks after all domains for the duration of the contract concluded with the customer on the basis of the currently valid guidelines of the registry, in particular the rules of DENIC (available at www.denic.de). Should these guidelines change or should the framework conditions for the registration and maintenance of domains change for other reasons, AIHoster.com (F.Netzel) and the customer are ready to adapt their contractual relationship accordingly.
§ 4.5 AIHoster.com (F.Netzel) carries out the registration or registration of domains in the name and on behalf of the customer and registers the customer as the authorized user (ie "Admin-C") of the respective domain. In the case of individual services, an authorized user who differs from the customer can be named who will be taken into account instead of the customer. As usual, AIHoster.com (F.Netzel) is entered as "Tech-C" for direct end customers. The entries "Admin-C" and "Tech-C" are necessary details at DENIC. If the customer is a reseller, he will be entered as “Tech-C” and “Zone-C” for reasons of customer protection. The customer is aware that the name, address and telephone number of the respective authorized user are compulsorily and permanently stored at DENIC and in the RIPE database and in the so-called "Whois" query on the Internet (e.g. via www.denic.de) for himself and third parties can be seen at any time.
§ 4.6 In the event of the termination of the contractual relationship, the customer is obliged to submit the written declaration of consent of the registered Admin-C for the deletion or takeover of the respective domain (s) AIHoster.com (F.Netzel) no later than 30 days before the new due date of the domain or hosting rental prices . The customer is aware that it is not possible to delete or release domains without this declaration of consent and that the resulting domain fees will continue to be charged if the cancellation is not made in due time or the required Admin-C release is not available.
§ 4.7 With individual services, there is the option of having existing domains that are currently managed by another provider managed as part of the contractual relationship with AIHoster.com (F.Netzel) in the future. The customer is aware that for a successful re-registration, approval from the provider who has previously been responsible for the domain and written consent from the domain owner (Admin-C) is required. AIHoster.com (F.Netzel) will therefore try to carry out the re-registration to a reasonable extent. Should it be necessary to submit the applications for connectivity coordination (KK) multiple times, these fees will also be passed on to the customer multiple times. However, AIHoster.com (F.Netzel) cannot guarantee successful re-registration if the third party does not approve. If a fee has been agreed for the re-registration, the customer is liable to pay benefits to AIHoster.com (F.Netzel) even if this approval is not given. In the relationship between AIHoster.com (F.Netzel) and the customer, a successfully re-registered domain will otherwise be treated like a newly registered domain in accordance with the provisions made here, i.e. the fees for a new registration period will be due if these are not included in the selected hosting package .
§ 5.1 The customer is responsible for all content produced or published by him, using his access code or by third parties using his AIHoster.com (F.Netzel) service. The customer releases AIHoster.com (F.Netzel) from any liability for the content of all websites, databases, e-mails etc. published on the server. A general monitoring or review of this content by AIHoster.com (F.Netzel) does not take place.
§ 5.2 AIHoster.com (F.Netzel) does not check the customer's content to determine whether claims by third parties are justified or unjustified. The customer assures that his published content does not violate any property, trademark, patent or other rights of third parties. Furthermore, the customer assures that the published content does not violate common decency and the applicable law. In this respect, it is common on the Internet for data to be blocked at the credible request of any third party until a judicial clarification has been reached (see also the InterNic's "Dispute Policy" at www.internic.net). The customer therefore agrees to block access to his content in the event that claims by third parties are credibly raised.
§ 5.3 The customer assures that, to the best of his knowledge, no rights of third parties are violated by registering or connecting a domain name. The customer acknowledges that he is solely responsible for the choice of domain names. In the event that third parties credibly assert rights to the domain name, AIHoster.com (F.Netzel) reserves the right to block the domain name in question until the dispute has been clarified in court.
§ 5.4 The customer declares his willingness to cooperate in the event of a change of the supervisor of a domain as well as the registration, change or deletion of a domain to the extent required and, if necessary, to make the necessary declarations. When commissioning a domain takeover (connectivity coordination, KK application, change of registrar) or a change to the domain owner data (Admin-C), a change owner request or the change of further domain contacts or name server data of an already registered domain name or In order to completely delete a domain, the customer is obliged to confirm to AIHoster.com (F.Netzel) in writing and with his signature that he is the legal and authorized owner (Admin-C, Owner-C) of the person to be taken over or is the domain name to be modified and has commissioned these changes. The commissioning customer is liable in the event of an unlawful domain change, domain deletion or domain takeover and bears all legal consequences.
§ 5.5 If AIHoster.com (F.Netzel) should block for the reasons described, the customer is nevertheless liable to AIHoster.com (F.Netzel). The customer agrees to all measures that AIHoster.com (F.Netzel) has to take to comply with enforceable orders or enforceable decisions. The customer keeps AIHoster.com (F.Netzel) free from claims by third parties, all costs incurred and negative consequences with regard to point 5.
§ 6.1 As far as data is transmitted to AIHoster.com (F.Netzel) - in whatever form -, e.g. also data transmissions to the server, the customer makes backup copies. This also applies to the extent necessary for the dynamically generated data (database content, forums and guest book entries) within its website. In the event of a loss of data, the customer will again transfer the data in question to the AIHoster.com (F.Netzel) server free of charge. The customer is not entitled to the free restoration of his data from system backups. All services which AIHoster.com (F.Netzel) an autom. Backup does not represent 100% security for the customer, the customer is in any case responsible for the data security (backups).
§ 6.2 The customer receives a login name and a login password to maintain his offer. He is obliged to treat this confidentially and is liable for any misuse that results from unauthorized use of the password. It is therefore prohibited to pass on e-mail accounts or their access data to third parties free of charge or commercially (e.g. freemail service).
§ 6.3 Various customer-specific settings of the AIHoster.com (F.Netzel) service are set online. The transfer of such data takes place at the risk of the customer without any guarantee from AIHoster.com (F.Netzel) via the Internet. The messages are valid after their receipt and are used by AIHoster.com (F.Netzel) as binding for the performance of the service until new data is received via the Internet. Any delays that occur here are due to technical reasons and do not represent a defect.
§ 6.4 Upon request, AIHoster.com (F.Netzel) will register the website with a selection of search engines (online search services for Internet content) to be determined by AIHoster.com (F.Netzel). AIHoster.com (F.Netzel) provides this service according to the best possible means of automated registration, but without guarantee that the website will actually be included in the search engines concerned. Naturally, the operator of the respective search engine alone decides on recording and when. The customer is aware that the data provided by him for registration (keywords, descriptions) are transmitted on the Internet and are generally accessible after being included in a search engine.
7. Receiving and sending emails
§ 7.1 The customer agrees that AIHoster.com (F.Netzel) will send e-mails for information to the e-mail address given when ordering to a reasonable extent. In order to differentiate between such e-mails, they are appropriately marked.
§ 7.2 If AIHoster.com (F.Netzel) becomes aware that the customer is sending e-mails stating his domain name illegally or contrary to generally accepted rules of communication on the Internet, AIHoster.com (F.Netzel) reserves the right to temporarily or to lock permanently. This also applies to transmissions ("postings") of commercial or illegal messages in public newsgroups on the Internet. Should AIHoster.com (F.Netzel) block it for these reasons, the customer is nevertheless liable to AIHoster.com (F.Netzel). As described under point 6.2 of these general terms and conditions, it is also prohibited in this context to pass on the login data of mail accounts to third parties commercially or free of charge or to operate so-called free e-mail services on our server systems.
§ 7.3 AIHoster.com (F.Netzel) is entitled to delete emails received on provided POP3 accounts (main addresses for emails) a) after they have been accessed by the customer, b) after they have been forwarded in accordance with customer instructions or c) we have been commissioned by the customer.
§ 8.1 The contractual relationship between the customer and AIHoster.com (F.Netzel) on the basis of the respectively valid general terms and conditions is established on the day the electronic order is sent via the online order form or via a standardized mail template or by email. The customer confirms this with his binding electronic order. Irrespective of the date of payment, this day represents the start of the contract and the settlement. The contract is concluded for an indefinite period.
§ 8.2 The customer and AIHoster.com (F.Netzel) can terminate the contractual relationship at any time without giving reasons with a notice period of 30 days to the end of the contractual period. The contract period can be found in the package and service description.
§ 8.3 If the termination is made by AIHoster.com (F.Netzel) due to a breach of contract by the customer or a breach of the general terms and conditions of AIHoster.com (F.Netzel), the customer is not entitled to a proportionate reimbursement of the fees paid in advance. If the cancellation is made by the customer himself, the customer is not entitled to a partial reimbursement of the fees paid in advance. The customer is free to use the respective services in full until the end of the contract period. Domain fees or the flat-rate domain fees contained in the web packages are generally non-refundable. The domains are reserved with the NIC for the specified time and are therefore paid for by the customer.
§ 8.4 A cancellation must be made in the product details of the customer area when logged in or must be in writing by letter or fax and confirmation of receipt by AIHoster.com (F.Netzel) to be effective. Cancellation by email is generally not recognized in order to protect the customer and his services. The timely termination is only deemed to have taken place if it has been received by AIHoster.com (F.Netzel) before the due date of the next invoice or has been confirmed in writing by letter, fax or e-mail.
§ 8.5 In order to be effective, a cancellation of registered domains requires, in addition to the written form listed under point 8.4 of these general terms and conditions, the timely submission of the declaration of consent of the registered domain owner (Admin-C), who signs a deletion of the domain name or a takeover by a new registrar must agree. This declaration of consent from the Admin-C must be available to AIHoster.com (F.Netzel) no later than 30 days before the expiry date stated in the invoice. If a canceled and released domain is not taken over by another registrar by the specified expiry date, the domain fees are automatically due for a new billing period.
§ 8.6 AIHoster.com (F.Netzel) can discontinue free services or free additional services at any time without further announcements or deadlines.
§ 8.7 If desired, the customer can switch to another AIHoster.com (F.Netzel) service with a different tariff, provided that it is available and technically possible. The extended or restricted services will be provided as soon as possible; the changed tariff will be calculated from the date of the changeover.
§ 8.8 The right to terminate the contract without notice for an important reason remains unaffected. An important reason exists in particular in the event of serious or continued violations of the contractual provisions as well as in the event that the contract cannot be carried out. In the event of termination for good cause, AIHoster.com (F.Netzel) is entitled to immediately deny access to the AIHoster.com (F.Netzel) Internet service and to delete the Internet addresses (domains) assigned to this contractual relationship. In this case, AIHoster.com (F.Netzel) can also immediately block and delete stored content and email messages without setting a grace period.
§ 9.1 As a rule, the AIHoster.com (F.Netzel) services are available 24 hours a day, 7 days a week. In the past, AIHoster.com (F.Netzel) was able to guarantee an availability of the server systems of over 99,00% pa due to various security, maintenance and protection measures. AIHoster.com (F.Netzel) does not guarantee the uninterrupted availability of server systems and data, unless a separate SLA contract has been concluded between AIHoster.com (F.Netzel) and the customer. Due to the infrastructure of the Internet, the technical dependence on other providers, the technical availability of networks, line networks (backbones), data centers, as well as the need for maintenance work, the consequences of force majeure (e.g. natural disasters, power outages) or deliberate attacks on server systems by hackers or due to the possibility of hardware and software errors, it is not possible to issue availability guarantees outside of separate SLA contracts.
§ 9.2 AIHoster.com (F.Netzel) guarantees to ensure appropriate security measures and the necessary care to avoid the conditions described under point 9.1 of these general terms and conditions, which correspond to the high technical standard, when operating the server systems. This includes defensive measures against unauthorized server access (hackers), unauthorized mailing, power failure supply, regular data backup of the web server, redundant line connections, as far as these are in the direct sphere of influence of AIHoster.com (F.Netzel). AIHoster.com (F.Netzel) is expressly excluded from liability for technical and / or externally caused failures, data loss, interrupted data transfers, e-mail loss, data theft or other problems in this context.
§ 9.3 The customer is aware that he is responsible for the data on his web space provided by AIHoster.com (F.Netzel). The customer is obliged to create backups on external systems at intervals determined by himself. In the event of a faulty data loss by AIHoster.com (F.Netzel), the customer can again transfer them to his web space free of charge; this also applies to the customer's databases. For backups, FTP and PhpMyAdmin are generally available to the customer, as far as technically possible AIHoster.com (F.Netzel) provides the customer with backup tools in the customer area. However, there is no entitlement to these tools.
§ 10.1 Unless specifically ordered or explicitly mentioned in the offer, the customer has no right to his own IP address, his own physical server for his content or a guaranteed technical bandwidth (processor computing time, main memory usage, line capacity for data traffic). To reduce costs, it is operated on powerful central computers (multidomain servers) with one or more IP addresses and a total bandwidth available for the respective server, which means that fluctuations in the bandwidth actually available to the customer are possible.
§ 10.2 If a user operates an Internet presence that permanently or foreseeably exceeds the physical capabilities of a standard multidomain web server, e.g. with regard to processor load and / or main memory usage and / or accesses per unit of time and / or data throughput per unit of time, and this overloads the technical bandwidth To endanger the server security, the stable regular operating behavior or to a significant reduction in the system performance to the detriment of other users, AIHoster.com (F.Netzel) is entitled to take suitable measures to restore the secure regular operating behavior without prior notice and to permanently block the Internet presence or parts or technically limited. This applies in particular to CGI program modules that are not available in the program library, as well as MySQL and php applications and downloads, data streaming and other applications.
§ 10.3 The customer acknowledges that AIHoster.com (F.Netzel) implements protective mechanisms, process monitoring and process limitations on multidomain hosting systems in a suitable and appropriate manner, which are suitable for preventing the consequences of faulty, inefficient or security-related programs (e.g. endless loops, high Load values) in their negative effects on the normal operating behavior or the stability of the system.
§ 10.4 Regardless of the restrictions described under points 10.1 to 10.3 of these general terms and conditions, AIHoster.com (F.Netzel) explicitly points out that the operation and publication of the following programs and content is expressly prohibited: any operation of the operation of IRC Eggdrop or Chat servers, copyrighted MP3 or music downloads, pure download sites (only on request), proxy servers, SPAM software or content or programs that do not comply with German law. The operation of such offers, insofar as it is legal under German law, is only permitted on the basis of individually agreed hosting offers. If these restrictions are violated, AIHoster.com (F.Netzel) is entitled to block the website without prior notice and to invoice any administration and operating costs (e.g. data transfer) that may arise retrospectively.
§ 10.5 If a customer's internet presence foreseeably and permanently exceeds the physical performance of a standard multidomain system and needs a bandwidth to operate his internet presence that is not covered by the standard web packages and hosting on multidomain systems, AIHoster.com ( F. Netzel). The customer also receives an individual change offer to special high-performance systems, on which the above-average required bandwidth is exclusively provided to him through an individually adapted range of services for a reasonable fee.
§ 10.6 The customer is aware that server accounts with their own domain on the virtual server (virtual host) can only be addressed with browsers that adhere to the current HTTP specifications. According to current statistics, this is over 99.00% for all browsers currently in use (e.g. current versions of Microsoft® Internet Explorer, Mozilla or Firefox).
§11.1 This service is subject to the consumer protection regulations of the Fernabsatzgesetz (FernAbsG). According to §3 FernAbsG you have a right of withdrawal within a period of 2 weeks after the conclusion of the contract. To meet the deadline, it is sufficient to send the declaration of cancellation by registered mail in good time. In the event of cancellation, you have to reimburse the value of the services provided up to that point in accordance with Section 361a, Paragraph 2, Clause 4 of the German Civil Code. According to §3 Paragraph 1 No. 2b FernAbsG, the right of withdrawal expires when AIHoster.com (F.Netzel) has started the service. There is no right of revocation for ordered and already registered domains or services specially made for the customer, e.g. special servers or server configurations.
§ 12.1 AIHoster.com (F.Netzel) provides a guarantee for the delivered goods by repairing them in whole or in part free of charge or making a replacement delivery free of charge at its own discretion. If two attempts at rectification or subsequent delivery fail, the customer is entitled, at his option, to request a reduction in price or rescission. The technical restrictions described under points 9 and 10 of these general terms and conditions or any technical availability problems that may arise do not represent a defect that needs to be rectified in this sense.
§ 12.2 Unless something else arises from these general terms and conditions, AIHoster.com (F.Netzel) must promptly remedy disruptions to access to the AIHoster.com (F.Netzel) Internet service within the scope of the technical and operational possibilities. If AIHoster.com (F.Netzel) is responsible for the disruption to be eliminated, the customer is entitled to reduce the monthly fee. The customer is obliged to notify AIHoster.com (F.Netzel) of recognizable access disruptions immediately, but no later than 24 hours after their occurrence in writing or by telephone (failure report). To assert defects or to enforce reductions, the customer is obliged to document the time, duration and type of disruption or reduction in performance in a suitable manner or to document it in a comprehensible manner (see also item 14.5 of these general terms and conditions).
§ 12.3 Further claims of the customer are regulated by the liability regulations under point 14 of these general terms and conditions.
§ 13.1 AIHoster.com (F.Netzel) undertakes to remedy technical inadequacies in the web server provided and the connected domains free of charge and promptly, provided that these do not correspond to the guaranteed properties or have functional errors.
§ 13.2 All resellers are responsible for the technical care and first-level support of their customers and can only use the direct AIHoster.com (F.Netzel) support personally, provided that the rectification of technical malfunctions is not their area of responsibility and influence .
§ 13.3 AIHoster.com (F.Netzel) does not provide any support or technical advice for the functionality of the programs, scripts or other content brought in or created by customers.
§ 13.4 The services include free 24/7 e-mail support, which is limited exclusively to the prompt, free maintenance and restoration of contractually guaranteed properties and functions of the Internet service and hosting service. The customer undertakes to provide technical support with all login data and other technical parameters that are relevant for troubleshooting, as well as corresponding error descriptions or error messages, if necessary in full. The free support is not obliged to explain general questions about the technology and functioning of the Internet, the subject of which is not a specific problem in the use of the Internet services provided. The customer is not entitled to the acceptance or processing of support orders via the published service or information telephone numbers that were set up to answer general inquiries about products and services. If the customer makes additional support inquiries or orders the removal of self-caused errors, e.g. resetting forgotten passwords, changing or creating individual settings, re-installation of server extensions or entire hosts, backup restores, log file analyzes, etc., is the AIHoster .com (F.Netzel) is entitled to invoice for non-contractual services not included in the scope of services for every 15 minutes or part thereof for all packages according to our price list available in the download area of your customer center.
§ 13.5 In addition, paid telephone support (€ 0.14 per minute) is provided during normal business hours, depending on the respective telephone availability of the support staff. There is no entitlement to continuous telephone support. Telephone support is also entitled to refer inquiries that require the transmission of extensive data and parameters to the above online support.
§ 14.1 AIHoster.com (F.Netzel) is only liable for damage caused by AIHoster.com (F.Netzel), its legal representatives or one of its vicarious agents with gross negligence or intent. The above limitation of liability applies to contractual as well as non-contractual claims. Liability under the Product Liability Act remains unaffected.
§ 14.2 The use of the services and offers made available by AIHoster.com (F.Netzel) takes place in accordance with the restriction under point 14 of these general terms and conditions. This relates in particular to the functionality and virus-free content and software (e.g. Java applets, CGI modules) that can be loaded or activated via the AIHoster.com (F.Netzel) Internet service.
§ 14.3 AIHoster.com (F.Netzel) is not liable for the correct functioning of infrastructures or transmission channels of the Internet that are not in the area of responsibility of AIHoster.com (F.Netzel) or its vicarious agents, unless, in exceptional cases, liability according to point 14.1 of this general Terms and conditions exist. The area of responsibility and influence of AIHoster.com (F.Netzel) is limited exclusively to the technically perfect function and availability of its own server systems and domain name servers, as well as the programs installed on them. AIHoster.com (F.Netzel) expressly assumes no liability for the availability of the line connections of the various network and data center operators and other Internet infrastructures. In particular, there is an exclusion of liability for any form of force majeure caused by natural disasters and line and / or power failures caused by them.
§ 14.4 The amount of claims for damages is basically limited to the amount of the order value and cannot exceed the fees paid for a billing period.
§ 14.5 The customer must report alleged restrictions or the lack of warranted properties and functions to AIHoster.com (F.Netzel) in writing, at the latest 24 hours after becoming aware of the operational status in question, and through suitable material such as log files, screenshots of error messages, route tracking, etc. . to prove. If the customer claims technical defects, he is obliged to provide precise information on the duration and time of such restrictions, the type of dial-up provider, the type and type of browser used, the operating system, etc., in addition to the documentation of the performance restriction mentioned here.
§15.1 The BGB retention of title applies. Delivered goods, services, websites and graphics and programs created by AIHoster.com (F.Netzel) remain the property of AIHoster.com (F.Netzel) until full payment has been made and are subject to German copyright law. Unauthorized use will be prosecuted and will result in proceedings for infringement of copyrights.
§ 16.1 AIHoster.com (F.Netzel) is ready, on the basis of these terms and conditions, to support Internet services and the domains associated with them, for which the right to use is not due to the customer himself, but to his contractual partners (end customers).
§ 16.2 In these cases, the customer remains the sole contractual partner of AIHoster.com (F.Netzel). He must contractually oblige the end customer to comply with the regulations of the order form and these terms and conditions as well as to cooperate, insofar as this contract and the guidelines of the registry for domains require the end customer to properly register, change or delete a domain. The customer compensates AIHoster.com (F.Netzel) for all damages and releases AIHoster.com (F.Netzel) from all claims and other impairments that may arise from the fact that the aforementioned regulations are not adhered to or the end customer does not have the obligation to cooperate Fulfills.
§ 16.3 In all cases in which the customer requires AIHoster.com (F.Netzel) to cooperate in the assignment or deletion of a customer's domain or in the event of a provider change or any other change in the domain of an end customer, the customer must ensure that the relevant change in relation to the end customer is lawful. AIHoster.com (F.Netzel) can request the written consent of the end customer. If AIHoster.com (F.Netzel) participates in changes to a domain on the instructions of the customer, the customer undertakes to exempt AIHoster.com (F.Netzel) from all possible claims that the end customer may make in connection with the change AIHoster.com (F.Netzel) collects. The corresponding obligation to indemnify also applies in cases in which AIHoster.com (F.Netzel) effects changes to a domain of an end customer that AIHoster.com (F.Netzel) is entitled to make to the customer (e.g. deletion of a domain due to non-payment of the Compensation).
§ 16.4 The AIHoster.com (F.Netzel) internet services contain services (e.g. e-mail addresses and domain names) that can possibly be sold separately or divided by the customer to several parties (end users). Such a de-integrated marketing of complete solutions requires the prior consent of AIHoster.com (F.Netzel), not least for reasons of legal security.
17. Data protection
§ 17.1 According to §33 BDSG, AIHoster.com (F.Netzel) points out that personal data is stored in the context of the execution of the contract and, if necessary, forwarded to participating cooperation partners, vicarious agents and service providers of AIHoster.com (F.Netzel) to the necessary extent. Otherwise, personal data will only be collected, processed or used if the customer consents or a legal provision allows this.
§ 17.2 The billing-relevant usage volume is recorded by the operator of the internet infrastructure to the necessary extent and transmitted to AIHoster.com (F.Netzel) for billing purposes. AIHoster.com (F.Netzel) is entitled to permanently save data relevant to billing.
§ 17.3 AIHoster.com (F.Netzel) expressly refers to the data protection declaration at this point.
§ 18.1 AIHoster.com (F.Netzel) is entitled to commission third party service providers and vicarious agents to provide parts or the entire range of services. AIHoster.com (F.Netzel) is entitled to change the Internet infrastructure used and the service providers and vicarious agents commissioned with the implementation at any time without separate notification, provided that this does not result in any disadvantages for the customer.
§ 18.2 The communications from AIHoster.com (F.Netzel) to the customer mentioned in these general terms and conditions, as well as communications that become necessary in the other course of business, are sent by AIHoster.com (F.Netzel) to the email address provided when the order was placed . Messages are deemed to have been delivered when they are received and available at this address, regardless of the date on which the customer actually calls up such messages.
§ 18.3 Changes to the general terms and conditions will be communicated to the customer at least four weeks before they come into force by e-mail to their e-mail address or by post. If such changes are not contradicted within one month of delivery, they are considered accepted. If the changes are made to the detriment of the customer, the customer can terminate the contractual relationship within 30 days of receipt of the notification of change at the end of the following month.
§ 18.4 Changes to the contract, additions and ancillary agreements must be made in writing to be effective, unless otherwise specified in these general terms and conditions. The written form requirement also applies to the waiver of this form requirement.
§ 18.5 AIHoster.com (F.Netzel) is free to use newer or different technologies, systems, processes or standards than initially offered to provide the services in the course of technical progress, provided that the customer does not suffer any disadvantages. The disadvantage here is not that the customer has to make the necessary changes to his website in order to ensure functionality under the latest technical standards.
§ 18.6 A sale of individual business areas of AIHoster.com (F.Netzel) or a change of shareholders do not constitute a special right of termination.
§ 18.7 If the customer is a businessman under German law or a public institution, the place of jurisdiction is Leverkusen. The relevant law of the Federal Republic of Germany applies.
§ 19.1 The customer agrees that AIHoster.com (F.Netzel) can obtain information from the Schufa (Schutzgesellschaft für Allgemeine Kreditsicherung mbH) responsible for the customer's place of residence or company headquarters and / or from a corresponding other credit agency. AIHoster.com (F.Netzel) will provide the addresses of the companies concerned at the customer's request. AIHoster.com (F.Netzel) is entitled to transmit the customer's data to the credit agencies mentioned due to non-contractual processing (e.g. requested reminder notice in the case of undisputed claim, enforcement notice issued, enforcement measures). If such data from other contractual relationships with Schufa or other credit agencies arise during the contractual relationship, AIHoster.com (F.Netzel) can also receive information about this. The respective data transmission and storage takes place only insofar as this is necessary to safeguard the legitimate interests of AIHoster.com (F.Netzel), a customer of Schufa, another corresponding credit agency or the general public and the interests of the customer are not impaired.
§ 20.1 Further rules and explanations for certain services that are not explicitly regulated in the terms and conditions are extended via the system policies.
§ 21.1 Should a provision of the contract or the General Terms and Conditions be or become ineffective or should the contract be incomplete, the remaining content of the contract will not be affected. The ineffective provision replaces that comes closest to the meaning and purpose of the ineffective provision in a legally effective manner. The same applies to any contractual loopholes.
As of 01/01/2018