Terms of Service
As of 01.2018
The following terms and conditions (GTC) are part of all contracts with the AIHoster.com (F.Netzel), In the desert 23a, 51381 Leverkusen. Divergent general terms and conditions of other and international contractors will only become an integral part of the contract if they are expressly referred to in these general terms and conditions. For example, the procurement guidelines of the respective Network Information Center (NIC) explicitly apply to the registration of TopLevel or SecondLevel domain names (eg DENIC eG) on behalf of the customer by AIHoster.com (F.Netzel). The provision of all Internet services takes place exclusively on the basis of these terms and conditions and the specified additional provisions of third parties. The terms and conditions are available on the Internet at https://www.aihoster.com/de/general-news-conditions/ anytime freely retrievable and printable and will be brought to the attention of every online order. The customer acknowledges the terms and conditions of AIHoster.com (F.Netzel) before sending the binding order. After the customer has made his initial order and received his personal customer number, subsequent orders (eg from resellers) can also be made electronically by e-mail, robotic templates, fax or other electronic transmission channels. The customer also acknowledges with each electronic transmission of orders without further, personal signature in each case the current terms and conditions, which can be viewed at any time at the above address.
1. Subject of the contract, scope of services, fees, binding order
§ 1.1 The AIHoster.com (F.Netzel) operates computers that are constantly connected to the Internet (web server). It provides these computers completely (dedicated) or in parts (virtually dedicated) to other companies for their own purposes. The information stored on the servers can be accessed worldwide via the computer communication network Internet.
§ 1.2 The scope of services results from the product or service description, which is linked to the order form and can be called up via the Internet or autoresponder. It is incumbent on the customer to inform himself before ordering a binding order, no matter which of the above ways it is, before ordering about the current prices and any changes in performance and functionality.
§ 1.3 By submitting the AIHoster.com (F.Netzel) online order forms or an informal order by email or mail template to email@example.com comes a binding contract for the use of services between AIHoster.com (F. Netzel) and the customer (client) acc. each current product / service description. This will be pointed out immediately before sending the order. This contract is also valid without subsequent submission of the written order confirmation, since an automated order processing (eg domain registration, service provision) already 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 rendered at that time (eg domain fees for domains already registered for him, furnishing and technician's fees, etc.) shall in any case be payable in full.
§ 1.4 If the customer ordered a third-party service through AIHoster.com (F.Netzel) or ordered it as an additional service, this will establish separate contractual relationships with the relevant technology partner of AIHoster.com (F.Netzel) on the basis of its terms and conditions. Such contractual relationships are subject to the terms and conditions defined in the order and the effective 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 touch this only to the extent expressly stated.
§ 1.5 Prerequisite for the use of the service is an Internet access with the necessary technical facilities. If there are any technical changes on the website of AIHoster.com (F.Netzel), they will be displayed in time by e-mail to the e-mail address provided with the order. It is the customer's responsibility to notify AIHoster.com (F.Netzel) of any necessary adjustments and updates to his 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 personal data of the customer, ie the customer is the sole domain owner (Admin-C). The customer agrees to make complete and truthful contact information when ordering. AIHoster.com (F.Netzel) assures to release all domain names immediately, provided that all due claims have been settled properly, otherwise AIHoster.com (F.Netzel) is entitled to a retention of title acc. BGB and to prevent a re-connection, if necessary by transferring to itself, and to make use of the right of retention. The domain name registration data is transmitted to the respective NIC in an automated process. When ordering a domain or commissioning a domain takeover, the customer recognizes the procurement guidelines of the respective NIC and is fully liable for breaches of these guidelines. The customer can assume actual availability and allocation of the domain name only if this has been confirmed by the respective registration office. For all TopLevel domain names, the applicable fees will be charged regardless of the success of the registration, if the customer is at fault. The customer therefore undertakes to check the availability of the desired name directly before the order directly with the corresponding registration authorities and their official databases, although the availability of time with the registration, obsolete databanks of Whois databases or parallel registration attempts of third parties can not be deduced. Any liability and warranty for the allocation of the ordered domain names by AIHoster.com (F.Netzel) is excluded. In addition, the customer / domain holder is liable in the event of a legal dispute if he violates the name, property or trademark rights of third parties or violates the registration regulations of the responsible NIC by reserving, deleting, domain transfer or domain modification of a domain name. In this context, the regulations apply. Point 5.3ff of these Terms.
§ 1.7 The IP addresses required for the operation of Internet presences and other services remain in the possession of AIHoster.com (F.Netzel) and may be changed at short notice if necessary. The customer is not entitled to the 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 of IP addresses, hostnames or other technical variables, AIHoster.com (F.Netzel) may indicate this to the customer at short notice. The customer is solely responsible for the necessary changes on the customer side and the resulting costs.
§ 1.8 The use of all AIHoster.com (F.Netzel) services is based on the valid at the time of the contract fees according to product information, exclusively online at www.aihoster.com are available. Differing offers, services and prices will be made available to the customer on request individually in separate, written offers in connection with an offer number and have a validity period specified in the offer. In order to assert the offer, the customer undertakes to state the submitted offer number when placing the order.
§ 1.9 Payment of the fees is made monthly, quarterly, semi-annually or annually always for the current period by bank transfer in advance. One-off fees, variable fees and purchase prices for other products are due upon performance of the service. The customer undertakes to announce changes to his billing address, e-mail address immediately and unsolicited to AIHoster.com (F.Netzel).
§ 1.10 The customer is also responsible for charges which other persons have the authority or unwarranted cause of 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 does not comply with the payment of his invoice three days after invoicing, AIHoster.com (F.Netzel) is entitled to temporarily or permanently access to all Active Services after the request for payment by e-mail, mail or fax to block their ability to communicate and to provide the affected service with an anonymous blocking notice. If the customer falls behind in a period of more than seven days with an amount equal to the monthly fee, AIHoster.com (F.Netzel) can terminate the contract for good cause without observing a deadline. In this case, AIHoster.com (F.Netzel) will institute a judicial dunning procedure, the costs of which will be borne by the defaulting payer 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. The payment by SEPA direct debit mandate is only possible for new customers with the first order up to a goods order value of 100.00 EUR.
- 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 default of the appointment. In this case, he has to pay AIHoster.com (F.Netzel) default interest of 5 percentage points above the base rate. Insofar as no consumer is involved in the contract, AIHoster.com (F.Netzel) can charge interest of 9 % above the basic interest rate.
- The obligation of the customer to pay default interest does not exclude the assertion of further damages caused by delay by AIHoster.com (F.Netzel).
AIHoster.com (F.Netzel) is entitled in the case of the permanent blocking of Internet presence and stopped to prevent damage or financial loss to inform all end users of the respective services directly and directly about the termination of the service. In this case, AIHoster.com (F.Netzel) is expressly NOT required to protect customers from resellers or distributors who provide their services through AIHoster.com (F.Netzel) to their customers.
§ 1.12 Should one of the central registries responsible for domain registration, the so-called Network Information Center (NIC), or another provider, 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, so AIHoster.com (F.Netzel) is entitled to adjust the charges towards the customer with effect of the change without separate deadlines accordingly. Should such an adjustment be substantial, the customer is entitled to a special right of termination.
§ 1.13 Against demands of AIHoster.com (F.Netzel) the customer can only offset with undisputed or legally established counterclaims.
§ 1.14 The customer is entitled to assert a right of retention or right to refuse performance only because of undisputed or legally established counterclaims.
§ 1.15 The customer expressly agrees to a credit check on the revenue / collection companies to verify the accuracy and solvency of the customer. A release of the ordered offer takes place at Zahlungsweise & #8222, direct debit & #8220;, only after a positive credit check and successful verification of the customer via telephone call or by conversion to advance payment at the first payment.
2. Services provided by the provider, provided content, programs and data
§ 2.1 a) AIHoster.com (F.Netzel) provides services, either by itself or through third parties, in accordance with the specifications of the service offer published on the Internet at the time of the order. b) The customer is entitled to represent other companies or their goods and services on the web server. The liability for the third party presentation is in each case the customer. c) Interested parties who have internet access can call up the customer's information stored on the web server free of charge around the clock. d) AIHoster.com (F.Netzel) provides the customer with access to manage his server via the Internet. This access is password protected. The password is unknown to AIHoster.com (F.Netzel). 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 indemnifies the Provider in the internal relationship from any claims of third parties based on content deficiencies in the offer.
§ 2.2 The text, image and sound materials and programs (eg CGI / PEARL modules) made available by AIHoster.com (F.Netzel) as part of the Internet service are generally protected by copyright. The customer may use such materials provided by AIHoster.com (F.Netzel) for the creation of their own Internet content for the duration of the contractual relationship at the Internet address maintained via AIHoster.com (F.Netzel) and also personalize or modify. The other use (in particular duplication, availability and -position) is only permitted with written permission by AIHoster.com (F.Netzel).
§ 2.3 AIHoster.com (F.Netzel) is liable for the correctness, freedom from errors, desired functioning and completeness of the content and program modules only in the context of the liability rule according to section 14. AIHoster.com (F.Netzel) is for content that is not stored on its own servers , not responsible and - notwithstanding the number 14 & #8211; assume no liability for this content and / or function.
§ 2.4 For the production of statistics by the customer so-called log-files for the last 6 months are stored on the server of the customer. An evaluation of the log files is done by AIHoster.com (F.Netzel) only for the purpose of providing the customer with centrally prepared and summarized statistics according to customer information and the currently legally anchored data retention 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 are under https://www.aihoster.com/system-policy/ can be viewed or requested.
3. Rules for self-created content
§ 3.1 The customer undertakes to provide the name and address of his private or business offers as well as the name and address of the authorized representative in the case of associations of persons and groups (legal requirement pursuant to § 6 TDG).
§ 3.2 The customer guarantees that the contents do not violate applicable law. In addition, the deposit of erotic or pornographic content in the framework of AIHoster.com (F.Netzel) Internet services is permitted, provided that it does not violate existing German law. No content may be published that portrays or describes sex with minors, animals or inhumane acts. The pages must be protected by a passport and parental control system that has been approved in Germany, and a youth protection officer must be provided with juvenile content. Furthermore, no links or advertisements to sites with erotic content that are not also equipped with a password protection system may be included. AIHoster.com (F.Netzel) is entitled to permanently suspend the aforementioned contents immediately without prior notice.
§ 3.3 The customer is aware that it is generally possible for all subscribers in the transmission path of the Internet to gain knowledge of data transmitted without authorization. The customer accepts this risk.
4. Registration, change, change and termination of domains
§ 4.1 AIHoster.com (F.Netzel) only gives information about the availability of a domain via telephone or internet. Between information and registration, an assignment to a third party can be made by the respective Network Information Center (NIC), ie the responsible domain allocation office or another agency, without AIHoster.com (F.Netzel) having any influence or knowledge of it.
§ 4.2 The registration of a domain takes place, unless otherwise agreed, as a German & #8222; .de & #8220; domain. The data for registration will be forwarded to DENIC or another competent body in an automated process without guarantee. The customer can only assume actual allocation if the Internet service has been provided by AIHoster.com (F.Netzel) under the desired name. Any liability and warranty for the allocation of ordered domain names as well as for the interim awarding to another party are excluded by AIHoster.com (F.Netzel).
§ 4.3 If domains requested by the customer are no longer available, AIHoster.com (F.Netzel) will take into account any alternatives specified by the customer. If none of the given names or sufficient numbers are available, AIHoster.com (F.Netzel) will request additional domain names for customer registration.
§ 4.4 AIHoster.com (F.Netzel) manages all domains for the duration of the contract concluded with the customer on the basis of the applicable guidelines of the contracting authorities, in particular the regulations of DENIC (available at www.denic.de). Should these policies change, or should the framework for registering and maintaining domains change for other reasons, AIHoster.com (F.Netzel) and the customer are prepared to adjust their contract 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 enters the customer as a beneficial owner (ie & #8222; Admin-C & #8220;) of the respective domain. For individual services, a user who deviates from the customer may be named, who will be considered instead of the customer. AIHoster.com (F.Netzel) is sold to direct end customers, as usual, as & #8222; Tech-C & #8220; entered. The entries & #8222; Admin-C & #8220; and & #8222; Tech-C & #8220; are necessary information at DENIC. If the customer is a reseller, it will be considered & #8222; Tech-C & #8220; and & #8222; Zone-C & #8220; entered. The customer is aware that the name, address and telephone number of the respective user are stored permanently and durably in the DENIC as well as in the RIPE database and in the so-called & #8222; Whois & #8220; -Query on the Internet (eg via www.denic.de) for himself and third parties are always visible.
§ 4.6 In the case of termination of the contract, the customer is obliged to present the written consent of the registered Admin-C for deletion or acceptance of the respective domain (s) AIHoster.com (F.Netzel) no later than 30 days before the renewed maturity of the domain or hosting rental prices , The customer is aware that deletion or release of domains without this declaration of consent is not possible and the resulting domain fees will be charged on renewed maturity even if the termination is not timely or the required Admin-C release is not present.
§ 4.7 It is possible for individual services, existing domains, which are currently being looked after by another provider, in the future as part of the contractual relationship at AIHoster.com (F.Netzel) to be looked after. The customer is aware that for the successful re-registration a release of the previously responsible for the domain provider and a written consent of the domain owner (Admin-C) is required. AIHoster.com (F.Netzel) will therefore make reasonable efforts to successfully complete the re-registration. Should it be necessary to submit the applications for connectivity coordination (KK) several times, these fees will also be passed on several times to the customer. However, AIHoster.com (F.Netzel) can not guarantee the successful re-registration if the third party does not release it. If a fee has been agreed for the re-registration, then the customer is also liable to pay this release to AIHoster.com (F.Netzel). A successfully redirected domain is treated in the relationship between AIHoster.com (F.Netzel) and the customer otherwise as a newly registered domain in accordance with the rules set here, ie the fees for a new registration period are due, unless they are included in the selected hosting package ,
5. Responsibility of the customer for content and domain names
§ 5.1 The customer is responsible for all contents produced or published by him, via his access code or by third parties via 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 contents of the customer as to whether third party claims are justified or unjustified. The customer assures that his published contents do not violate any property, trademark, patent or other rights of third parties. Furthermore, the customer assures that he does not violate the good customs and the applicable law with the published content. In the internet, it is customary to the extent that up to a judicial clarification data on credible request of any third party are blocked (see also the & #8222; Dispute Policy & #8220, the InterNic under www.internic.net). The customer therefore agrees to block access to its contents in the event that claims of third parties are credible.
§ 5.3 The customer assures that to the best of his knowledge by registering or connecting a domain name, no rights of third parties are violated. The customer acknowledges that he alone is responsible for the choice of domain names. In the event that third parties claim credible rights to the domain name, AIHoster.com (F.Netzel) reserves the right to suspend the relevant domain name until the dispute has been settled in court.
§ 5.4 The customer agrees to cooperate in the change of the supervisor of a domain as well as registration, modification or deletion of a domain in the required extent and to make necessary declarations if necessary. When commissioning a domain transfer (connectivity coordination, KKAntrag, Change of Registrar) or a change of the domain owner data (Admin-C), a change owner application or the change of other domain contacts or name server data of an already registered domain name or In the event of the complete deletion of 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 holder (Admin-C, Owner-C) of the party to be taken over or domain name to be modified is mandated and these changes. The commissioning customer is liable in case of an unlawful domain change, domain deletion or domain transfer and bears all legal consequences.
§ 5.5 Should AIHoster.com (F.Netzel) block for the reasons described above, the customer is still liable to pay AIHoster.com (F.Netzel). The customer agrees to all measures that AIHoster.com (F.Netzel) has to make in order to comply with enforceable orders or enforceable decisions. The customer indemnifies AIHoster.com (F.Netzel) against claims of third parties, all arising costs and adverse consequences.
6. Data security, online transmissions, search engines
§ 6.1 As far as data is available to AIHoster.com (F.Netzel) & #8211; in whichever form & #8211; be transmitted, for example, data transfers to the server, the customer makes backup copies. This also applies to the extent necessary for the, within its Internet presence, dynamically generated data (database content, forums and guestbook entries). In the case of an incoming data loss, the customer will transfer the relevant data once again free of charge to the server of AIHoster.com (F.Netzel). The customer is not entitled to the free recovery of his data from created system backups. All services which by AIHoster.com (F.Netzel) an autom. Backup are not 100% security for the customer, the customer is in any case responsible for backups.
§ 6.2 The customer receives a login name and a login password to maintain his offer. He is obliged to treat it confidentially and is liable for any misuse resulting from unauthorized use of the password. It is therefore prohibited to forward e-mail accounts or their access data free of charge or commercially to third parties (eg freemail service).
§ 6.3 Various custom settings of the AIHoster.com (F.Netzel) service are scheduled online. The transfer of such data takes place at the risk of the customer without guarantee from AIHoster.com (F.Netzel) via the Internet. The messages are valid after their receipt and are used by AIHoster.com (F.Netzel) until the receipt of new data via the Internet as binding for the performance. This occurring delays are technical and do not constitute a defect.
§ 6.4 Upon request, AIHoster.com (F.Netzel) will register the internet presence on a selection of search engines (online search services of internet content) to be determined by AIHoster.com (F.Netzel). This service provides AIHoster.com (F.Netzel) for the best possibilities of an automated registration, but without guarantee for the actual inclusion of the Internet presence in the affected search engines. Naturally, only the operator of the respective search engine decides on a recording and the time. The customer is aware that the data provided by him for the registration (keywords, descriptions) are transmitted on the Internet and are generally accessible after being included in a search engine.
7. Receiving and sending e-mails
§ 7.1 The customer agrees that AIHoster.com (F.Netzel) will send e-mails for information to reasonable extent to the e-mail address specified when placing the order. To distinguish such e-mails, these are identified in a suitable manner.
§ 7.2 Should AIHoster.com (F.Netzel) become aware that the customer is sending e-mails stating their domain name illegally or contrary to generally accepted rules of communication on the Internet, AIHoster.com (F.Netzel) reserves the right to suspend the service temporarily or permanently lock. This also applies to transfers of commercial or illegal messages to public newsgroups on the Internet. Should AIHoster.com (F.Netzel) make a blocking for these reasons, the customer is still liable towards AIHoster.com (F.Netzel). As described in point 6.2 of these terms and conditions, it is prohibited in this context, commercially or free to forward the login data of mail accounts to third parties or operate on our server systems so-called free e-mail services.
§ 7.3 AIHoster.com (F.Netzel) has the right to delete emails received from POP3 accounts (a) provided that they have been retrieved by the customer, b) after they have been forwarded in accordance with the customer's instructions or c) us commissioned by the customer.
8. Start of contract and end of contract
§ 8.1 The contractual relationship between the customer and AIHoster.com (F.Netzel) arises on the basis of the valid general terms and conditions of business between the customer and AIHoster.com (F.Netzel) with the day of the transmission of the electronic order via online order form or via standardized mail template. The customer confirms this with his binding electronic order. This day, regardless of the date of payment, represents the beginning 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 contract without stating reasons at any time with a period of 30 days to the end of the contract period. The contract period can be found in the package and service description.
§ 8.3 If cancellation is made by AIHoster.com (F.Netzel) due to breach of contract by the customer or breach of AIHoster.com's General Terms and Conditions (F.Netzel), the customer shall not be entitled to a pro-rata refund of any fees paid in advance. If the termination is by the customer himself, the customer is not entitled to the pro-rata refund of the fees paid in advance. The customer is free to fully use the respective services until the end of the contract period. Domaingebühren or the Domainpauschalen contained in the Web packages are basically non-refundable. The domains are reserved for the specified time at the NIC and thus the paid property of the customer.
§ 8.4 Termination must necessarily take place in the product details of the customer area when logged in or requires written form to be effective by letter or fax and the acknowledgment of receipt by AIHoster.com (F.Netzel). Termination by e-mail is generally not recognized and for the protection of the customer and its services. Timely notice of cancellation shall only be deemed made if timely receipt by AIHoster.com (F.Netzel) has been made prior to the due date of the next bill or has been confirmed in writing by letter, fax or e-mail.
§ 8.5 Termination of registered domains requires in addition to the written form described in point 8.4 of these General Terms and Conditions the timely submission of the consent of the registered domain holder (Admin-C), who signs a deletion of the domain name or a takeover by a new registrar must agree. This consent form must be submitted to AIHoster.com (F.Netzel) no later than 30 days before the expiry date stated on the invoice. If a canceled and released domain is not taken over by another registrar until the specified expiration date, then the domain fees will be automatically due for a new billing period.
§ 8.6 AIHoster.com (F.Netzel) may cease royalty-free services or additional services free of charge at any time without further notice or deadline.
§ 8.7 Upon request, the customer can switch to another AIHoster.com (F.Netzel) service with a different tariff, as far as available and technically possible. The provision of the extended or restricted services will take place as soon as possible, the calculation of the changed tariff will take place from the date of the changeover.
§ 8.8 The right to terminate without notice for good cause remains unaffected. There is an important reason, in particular, for serious or continued violations of the contractual provisions as well as impracticability of the contract. In case of termination for cause, AIHoster.com (F.Netzel) is entitled to deny access to the Internet service of AIHoster.com (F.Netzel) immediately and to delete the Internet addresses (domains) assigned to this contractual relationship. AIHoster.com (F.Netzel) may also immediately block and delete deposited content and email messages without setting a grace period.
9. Availability, maintenance, malfunctions
§ 9.1 In general, 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 backup, maintenance and protection measures. AIHoster.com (F.Netzel) assumes no responsibility for the uninterrupted availability of server systems and data, unless a separate SLA agreement 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, backbones, data centers, as well as the need for maintenance, the consequences of force majeure (eg natural disasters, power outages) or deliberate attacks on server systems by hackers or by the possibility of hardware and software failures, it is not possible to issue availability guarantees outside of separate SLA contracts.
§ 9.2 AIHoster.com (F.Netzel) hereby warrants that it will use reasonable security measures and care in operating the server systems to avoid the conditions described in Section 9.1 of these Terms and Conditions, which are in accordance with the highest technical standards. This includes, inter alia, defenses against unauthorized server access (hackers), unauthorized mail, power failure, regular backup of the web server, redundant line connections, as far as they are in the immediate sphere of influence of AIHoster.com (F.Netzel). A liability of AIHoster.com (F.Netzel) for technical and / or externally caused failures, data loss, aborted data transfers, e-mail losses, data theft or other problems in this context is expressly excluded.
§ 9.3 The customer is aware that he is responsible for the data on his own web space provided by AIHoster.com (F.Netzel). The customer is obliged to create backups on external systems at intervals determined by himself. These can be transferred in case of a faulty data loss by the AIHoster.com (F.Netzel) from the customer again free of charge to his web space; this also applies to customer databases. FTP and PhpMyAdmin are basically available to the customer for backups. If technically possible, AIHoster.com (F.Netzel) provides the customer with backup tools in the customer area. However, there is no claim to these tools.
10. Technical restrictions
§ 10.1 The customer has, unless ordered separately or explicitly mentioned in the offer, no claim to its own IP address, its own physical server for its contents or a guaranteed technical bandwidth (processor processing time, main memory usage, line capacity for data traffic). The operation takes place for the necessary cost reduction on efficient central computers (multidomain servers) with one or more IP addresses and a total bandwidth available for the respective server, whereby fluctuations in the actual bandwidth 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, eg with regard to processor utilization and / or main memory usage and / or accesses per unit of time and / or data throughput per unit of time, this overload of technical bandwidth occurs To endanger the server security, the stable rule behavior or to a significant reduction of system performance to the detriment of other users, AIHoster.com (F.Netzel) is entitled to take without prior notice appropriate measures to restore the secure normal operation and to permanently block the Internet presence or parts or technically limited. This is especially true for CGI program modules that are not kept in the program library, as well as MySQL and php applications and downloads, data streaming and other applications.
§ 10.3 Customer acknowledges that on multi-domain hosting systems AIHoster.com (F.Netzel) appropriately and adequately implements safeguards, process controls and process limits that are capable of mitigating the consequences of malfunctioning, inefficient or security-critical programs (eg, infinite loops, high-end) Load values) in their negative effects on the normal operating behavior or the stability of the system.
§ 10.4 Irrespective of the restrictions described under points 10.1 to 10.3 of these terms and conditions, AIHoster.com (F.Netzel) explicitly points out that the operation and publication of the following programs and contents is expressly prohibited: any operation of operation of IRC Eggdrop or Chat servers, copyrighted MP3 or music downloads, pure download sites (only on request), proxy server, SPAM software or content or programs that do not comply with German law. The operation of such offers, as far as legal according to German jurisdiction, is only permitted on the basis of individually agreed hosting offers. In the event of a breach of these restrictions, AIHoster.com (F.Netzel) is entitled to suspend the internet presence without prior notice and to charge any administration and operating costs (eg data transfer) incurred retroactively.
§ 10.5 Should a customer with his Internet presence foreseeably and permanently exceed the physical capability of a standard multidomain system and need a bandwidth to operate his Internet presence that is not covered by the standard web packages and the hosting on multidomain systems, a notification will be made by AIHoster.com ( F.Netzel). The customer also receives an individual change offer on special high-performance systems, where the above-average required bandwidth is exclusively made available to him through an individually adapted range of services at an appropriate 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, these are over 99,00% of all currently used browsers (eg current versions of Microsoft® Internet Explorer, Mozilla or Firefox).
11. Information and cancellation according to the Distance Selling Act
§11.1 This service is subject to the consumer protection regulations of the Distance Selling Act (FernAbsG). You are entitled according to §3 FernAbsG within a period of 2 weeks after conclusion of the contract a right of withdrawal. To meet the deadline, the timely dispatch of the revocation by registered letter is sufficient. In the case of the revocation you have to reimburse the value of the services provided until then according to § 361a Abs. 2 S.4 BGB. According to § 3 Abs.1 Nr.2b FernAbsG, the right of revocation expires when AIHoster.com (F.Netzel) has started the service. There is no right of recall for ordered and already registered domains or services specially made for the customer, eg special servers or server configurations.
12. Performance problems
§ 12.1 AIHoster.com (F.Netzel) warrants for the delivered goods, in its sole discretion wholly or partially repaired free of charge or a free replacement. If two attempts at subsequent improvement or subsequent delivery fail, the customer is entitled, at his discretion, to demand reduction or conversion. The technical restrictions described under points 9 and 10 of these General Terms and Conditions or any technically conditioned availability problems that may occur are not a defect requiring rectification in this sense.
§ 12.2 Unless otherwise stated in these Terms and Conditions, AIHoster.com (F.Netzel) shall promptly remove any access to the AIHoster.com (F.Netzel) Internet Service within the limits of its technical and operational capabilities. If AIHoster.com (F.Netzel) is responsible for the disruption to be remedied, the customer is entitled to reduce the monthly fee. The customer is obliged to notify AIHoster.com (F.Netzel) of any recognizable access faults immediately or at the latest within 24 hours of their occurrence in writing or by telephone (fault report). The customer is obliged to assert deficiencies or enforce reductions, to prove the time, duration and nature of the disruption or reduction in performance in a suitable manner or to document it comprehensibly (see also point 14.5 of these general terms and conditions).
§ 12.3 Further claims of the customer are governed by the liability provisions in point 14 of these general terms and conditions.
13. Technical advice (support)
§ 13.1 AIHoster.com (F.Netzel) undertakes to eliminate technical deficiencies of the provided web server and the connected domains free of charge and promptly, as long as these do not correspond to the warranted characteristics or have malfunctioning.
§ 13.2 All resellers are responsible for the technical support and first-level support of their customers and can only personally contact the immediate AIHoster.com (F.Netzel) support, as long as the rectification of technical faults is not within 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 provided or created by the customer.
§ 13.4 Services include free 24/7 email support, limited to timely, free maintenance and recovery of contracted features and features of the internet service and hosting service. The customer undertakes to provide the technical support with all relevant log-in data and other technical parameters as well as appropriate error descriptions or error messages if necessary in the wording. The free support is not obliged to explain general questions about the technology and operation of the Internet, the subject of which is no specific problem in the use of the provided Internet services. The customer is not entitled to accept or process support orders via the published service or information telephone numbers that have been set up to answer general inquiries about products and services. If the customer makes additional support inquiries or instructs him to eliminate self-generated errors, such as resetting forgotten passwords, changing or creating individual settings, reinstalling server extensions or entire hosts, backup restores, log file analysis, etc., then AIHoster .com (F.Netzel) shall be entitled to charge for such non-contractual services included in the scope of delivery, without further notice, for every 15 minutes commenced for all packages according to our pricelist in the download area of your customer center.
§ 13.5 In addition, paid telephone support (€ 0.14 per minute) will be provided during normal business hours, depending on the telephone availability of support staff. There is no claim to continuous telephone availability of the telephone support. Telephone support is also entitled to refer inquiries requiring the transmission of extensive data and parameters to the above-mentioned online support.
14. Limitation of Liability and Claims for Damages
§ 14.1 AIHoster.com (F.Netzel) is only liable for damage caused by gross negligence or intent on the part of AIHoster.com (F.Netzel), its legal representatives or one of its vicarious agents. The above limitation of liability applies to both contractual and 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) is subject to the restriction under point 14 of these General Terms and Conditions. This refers in particular to the functionality and virus-free content and software (eg Java Applets, CGIModule) that can be loaded or activated via the AIHoster.com (F.Netzel) Internet service.
§ 14.3 The AIHoster.com (F.Netzel) is not liable for the correct functioning of infrastructures or transmission paths of the Internet, which are not the responsibility of AIHoster.com (F.Netzel) or its vicarious agents, unless exceptionally a liability under point 14.1 of this general Terms and Conditions. The area of responsibility and influence of AIHoster.com (F.Netzel) is limited exclusively to the technically flawless 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, a disclaimer applies to any form of force majeure caused by natural disasters and the resulting loss of power and / or power.
§ 14.4 The amount of damage claims is always limited to the amount of the order value and can not exceed the fees paid for a billing period.
§ 14.5 The customer of AIHoster.com (F.Netzel) has to announce alleged restrictions or the lack of assured characteristics and functions in writing, at the latest 24 hours after knowledge of the operating condition in question, and by suitable material such as logfiles, screenshots of error messages, route pursuits, etc . to prove. If the customer asserts technical deficiencies, he is obligated, in addition to the documentation of the performance restriction referred to here, 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.
15. Retention of title
§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 and are subject to German copyright law. Unauthorized use will be prosecuted and will result in a copyright infringement case.
16. Special rules for resellers (resellers, major customers)
§ 16.1 AIHoster.com (F.Netzel) is willing, on the basis of these terms and conditions, to look after Internet services and the domains linked to them where the right to use them belongs not 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 shall contractually obligate the end customer to the extent necessary to the provisions of the order form and these terms and conditions and cooperation, as far as this contract and the guidelines of the registry for domains, the participation of the final customer for proper registration, modification or deletion of a domain is required. The customer replaces the AIHoster.com (F.Netzel) all damages and releases the AIHoster.com (F.Netzel) from all claims and other impairments, which may arise from the fact that the above-mentioned regulations are not adhered to or the end customer the obligation to cooperate Fulfills.
§ 16.3 In all cases in which the customer of AIHoster.com (F.Netzel) requires the participation in the assignment or deletion of a domain of a customer or the change of provider or any other modification of the domain of a final customer, the customer must ensure that the relevant change in relation to the end customer is lawful. AIHoster.com (F.Netzel) may require the written consent of the end customer. If the AIHoster.com (F.Netzel) acts on changes of a domain on the instruction of the customer, the customer agrees to indemnify the AIHoster.com (F.Netzel) from any possible claims which the end customer may incur in connection with the change the AIHoster.com (F.Netzel) raises. The corresponding duty of indemnity also applies in cases where AIHoster.com (F.Netzel) effects changes to a domain of an end customer to which AIHoster.com (F.Netzel) is entitled to the customer (eg deletion of a domain due to non-payment of the domain name) Compensation).
§ 16.4 The AIHoster.com (F.Netzel) Internet services include services (eg e-mail addresses and domain names), which may be sold separately or split by the customer to multiple parties (end users). Such integrated marketing of complete solutions requires the prior consent of AIHoster.com (F.Netzel) not least for reasons of legal certainty.
§ 17.1 According to §33 BDSG, AIHoster.com (F.Netzel) points out that personal data are stored within the scope of the contract execution 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 agrees or a legal provision allows this.
§ 17.2 The billing-relevant usage volume is recorded to the necessary extent by the operator of the Internet infrastructure and transmitted to AIHoster.com (F.Netzel) for billing purposes. AIHoster.com (F.Netzel) is entitled to permanently store such data relevant for billing.
§ 18.1 AIHoster.com (F.Netzel) is entitled to commission third parties and vicarious agents with the provision of parts or the entire range of services. AIHoster.com (F.Netzel) is entitled to change the internet infrastructure and service providers and vicarious agents used at any time without a separate notification, provided that this does not cause any disadvantages for the customer.
§ 18.2 AIHoster.com (F.Netzel) to the customers mentioned in these general terms and conditions, as well as in the course of other business necessary messages, the AIHoster.com (F.Netzel) in principle to the email address provided with the order , Notifications shall be deemed delivered upon receipt and the availability made therewith at this address, regardless of the date on which the Customer actually retrieves such messages.
§ 18.3 Changes to the terms and conditions will be communicated to the customer at least four weeks before coming into force by e-mail to his e-mail address or by post. If such changes are not objected to within one month of delivery, they will be considered accepted. If the changes are to the detriment of the customer, the customer can terminate the contractual relationship within 30 days after receipt of the change notification at the end of the following month.
§ 18.4 Changes to the contract, supplements and subsidiary agreements require the written form to be effective unless otherwise stated in these general terms and conditions. The written form requirement also applies to the waiver of this formal requirement.
§ 18.5 AIHoster.com (F.Netzel) reserves the right to use newer or different technologies, systems, procedures or standards for the provision of the services in the course of technical progress than initially offered, provided the customer does not suffer any disadvantages. The disadvantage here is not that the customer must make the necessary changes to his Internet presence in order to ensure the functionality under the most current, technical standards.
§ 18.6 A sale of individual business units of AIHoster.com (F.Netzel) or a shareholder change does 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. Credit check
§ 19.1 The customer agrees that AIHoster.com (F.Netzel) obtains information from the Schufa (protection company for general credit protection mbH) responsible for the domicile or registered office of the customer and / or from a corresponding other credit agency. AIHoster.com (F.Netzel) will designate the addresses of the companies concerned at the customer's request. AIHoster.com (F.Netzel) is entitled to provide the above-mentioned credit bureaus with data of the customer due to non-contractual processing (eg requested dunning notice in the case of undisputed claims, issued writ of execution, foreclosure measures). Insofar as during the contractual relationship such data from other contractual relationships are incurred by Schufa or other credit bureaus, AIHoster.com (F.Netzel) can also be informed about this. The respective data transmission and storage takes place only to the extent necessary for the protection of legitimate interests of AIHoster.com (F.Netzel), a customer of the Schufa, another appropriate credit reference agency or the general public and thereby protection worthy interests of the customer are not impaired.
20. System Policies
§ 20.1 Further rules and explanations for certain services and services which are not explicitly regulated in the terms and conditions are extended by the system policies.
21. Severability clause
§ 21.1 Should a provision of the contract or the terms and conditions be or become ineffective or should the contract be incomplete, the contract in its other content shall not be affected. The ineffective provision, which most closely approximates the meaning and purpose of the invalid provision in a legally effective manner, replaces the ineffective provision. The same applies to any contract gaps.
As of 01.01.2018