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§1 Preamble
DNES HOSTING STORE (in the following called Provider), doing business as www.dnes-host.com, requires that users (in the following called customer) of its systems are subject to the following terms and conditions of use. By using www.dnes-host.com, or by using another webside provided by www.dnes-host.com, you agree to the following terms and conditions:
§2 General
1. The conditions on www.dnes-host.com are valid in each case. The Provider reserves the right to change these conditions at any time.
2. Any modification is immediately effective upon notice by electronic mail. The contracting parties are informed by E-Mail in time about changes of the conditions for already existing contractual relationships. The continued use of the Services by the costumer following notice of any modification to these Terms and Conditions of use shall be conclusively deemed an acceptance of all such modification(s). Should the customers contradict to the modifications, the contractual relationship will be terminated immediately.
3. Deviating arrangements need to be reduced to writing by an authorized representative of the Provider.
§3 Order
1. With a placing of order by the customer at the Provider the customer recognizes and accepts the following Terms and Conditions of Use during the entire term of the business relationship. It is insignificant how the order was reached. Furthermore the customer agrees to the general terms of payment and delivery. Deviating arrangements need to be reduced to writing.
2. The Provider registers the Domain(s) at the respective NIC for 12 months or 24 months and pays in advance.
3. The Provider reserves itself the right to cancel or set up orders by his own decision.
§4 Service
1. With placing an order at the provider and the distribution of store place and informing about the access data throughout the provider, a contract about the services is made. The domain names of the webspace are registrated at the NIC by the provider and discounted directly at the customer.
The IP-numbers, which are needed for starting the webspace stay in the possession of the provider and may be changed by the provider every time. The data for registrating the domain-name are transmitted to the NIC.
2. The availability and distribution of the domain are placed at the customer?s disposal when the domain is acknowledged by the NIC. Every liability or guaranty by the provider for the distribution of the ordered domain-name are excluded.
3. For drawing up a statistic Log-Files are stored on the webspace of the customer. These Log-Files use up parts of the webspace which was made available. Therefore they can be erased by the provider in appropriate and fixed from the provider intervals. Reading back the Log-Files on the server is possible. An evaluation of the Log-Files by the provider occurs with the object of making the customers these statictics available. Beyond it storing and using these information is excluded by the provider. The customer is not entitled to erase or modify these Log-Files.
6. The customer may use programs, e.g. Voice Chat, Toplists, Play-Server or spacious Download-Databanks only with a written approval of the provider. The provider is entitled in these cases to discount this service separately. Special Traffic-prices are valid.
In supplying the service the provider proceeds on the assumption that the webspace is disposable 99% of the year. Excluded are periods in which the webserver cannot be made available (on the internet) because of technical or other problems which are not in the sphere of influence of the provider (e.g.indebtedness of a third party or higher influence).
7. The customer agrees and engages himself to keep his deposited personal data, in particular the email address at any time up- to- date. Disadvantages, which result from wrong or not current personal data, are on his own responsibility.
8. When the deposited data are obviously wrong or incomplete the Provider keeps itself the right to delete the Portfolio.
§5 Prices/Terms of payment
1. The offers of the Provider are without engagement. The prices depend on the valid and current price list.
2. If the price should increase before the execution of the order, the customer will be informed in time. In this case the customer is entitled to withdraw from his order at the Provider.
3. The customer has to pay respective calculations of the Providers within 10 days after the dispatch. If the customer`s payment is in delay the Provider is entitled to close the access to the server or to terminate the contract without notice, until the open amount has been remitted. Beyond that the Provider is entitled in the case, payment should be delayed to discount damages which occur because the default of payment and to claim him for damages.
4. The customer has to pay the respective amount in advance for using the offer of the Provider as well as when the contract is renewed.
5. All demands and maturities are debited exclusively by debit entry. When debit returns because of no funds a fee is charged amounting to EUR 6,00 and discounted with the next calculation.
6. For all online offers applies: Errors excepted.
§6 Contract term
1. The contract term corresponds to the respective running time of the order. The contract renews automatically if it is not terminated one month before expiration of the contract in written form/email .
2. If a change of the Provider or a termination of the contract occurs, the customer engages himself to pay the ordered Domain(s) for the remaining time, if the order period of the webspace diverges from the period of the Domain(s). The Provider books the Domain(s) at the NIC for 12 months and/or 24 months and pays in advance.
E.G.: A Webspace package is booked for 4 months and a domain is ordered. If the customer decides to cancel the contract of the Webspace package within the period prescribed, the customer is engaged to pay the Domain for the remaining time , in this example 8 months. The prices depend on the valid and current price list.
3. A sale of individual spheres of business of the Provider or a change of partner does not give reason to a special termination of the contract.
4. For server tenancy agreements apply the indicated running times in the contracts.
§7 Customer`s obligations
1. The customer assures that the deposited personal data are correct and complete. He engages himself to inform the Provider immediately in the case that the data have changed and to confirm his new data after receiving a request from the Provider within 15 days. This concerns in particular name and postal address of the customer as well as name, postal address, E-Mail address and telephone- and telefax number of the technical partner for the TLD; postal address, E-Mail address as well as telephone- and telefax number of the administrative partner for the TLD.
2. The customer has to read back his received messages in his POP3- account in regular intervals. The Provider reserves itself the right to send the received personal messages of the customer back to the sender if the capacity-borders of the respective tariffs are exceeded.
3. The customer engages himself to keep the received passwords from the Provider, which he gets for using their service, top secret and to inform the Provider immediately if he has knowledge of an unauthorized third party that knowsthe password. Should the customer be blamed for abuse of a third party who knows the password and uses services of the Provider, the customer has to pay eventual damages and the use of the service.
4. We want to point out that it is the customer?s duty to back up a data protection after each working day if the volume of data was changed by himself and/or his performing assistant(s), where by the data which are put down on the Webservers of the Provider may not be backed up. The customer has to carry out a complete data protection in particular before each beginning of work on the part of the Provider or before the installation of supplied hardware or software. The Provider does not carry out data protection for the customer if it is not emphatically agreed upon.
5. The customer has to test the installing programs of faultlessness and usefulness in the concrete situation, before he begins with the operational use of the program. The customer is expressly pointed out that the even small defects on the software can influence the whole system
6. The customer is engaged to design his Internet site in such a way that an excessive load of the server, e.g. by CGI Scrips which require a high server performance or claim much RAM. The Provider is engaged, sites, which do not do justice to the above-mentioned requirements to exclude from the access by the customer or through a third party or to terminate the contract without notice.
7 . The customer engages himself not to use IRC programs e.g. Eggdrop, psyBNC on his internet presence.
8 . The customer engages himself to indicate an imprint on his webpage which is accessible to everyone.
§8 Special agreements for trafficintense use
1.Within the framework of the Webspace-Packages, offered by the provider, the use of trafficintense contents is forbidden. Within the framework of the Package-offers only the traffic indicated in the respective packages is permissible.
2. As far as the customer wants to use trafficintense offers, he has to make special agreements with the provider. The appropriate price-lists apply.
3. Does the customer use trafficintense offers without any special agreement and does he exceed the quantity of the data-volume, which was made available in the respective package, the provider is engaged to demand EUR 9,00 for each beginning Giga-Byte exceeding the data-volume. Beyond that the provider is engaged to terminate the contractual relationship immediately and without notice. Moreover the provider can close the domain immediately when exceeding the data-volume. The provider will open the domain when the customer has compensated the amount which results from exceeding the data-volume and the customer has made an agreement with the provider about trafficintense contents.
§9 Data Security
1. The customer releases the provider from all demands from a third party regarding the deposited data. The customer has to consider the copyrights of a third party when the data are transmitted and/or to get the permission for the use or publication of protected data from the author. The Provider is not responsible for the data protection of the data secured on the Webspace. As far as data are transmitted on the Webspace, the customer has to make safefty-copies. The customer receives for the maintenance of his offer a login name and a login password. He is engaged to treat the password confidentially and to protect it against abuse or unauthorized use. The Provider is not responsible for damages which emerge from unauthorized use or abuse of the password. The customer is acquainted with the fact that because of the structures of the Internet it involves the risk that transmitted data can be overheard. The customer has to put up with this risk. The Provider is not responsible for damages, which result from overhearing data. Beyond that the Provider is not responsible for the infraction of privacy because of overhearing email or other transmitted information.
§10 Published contents, mass-mailings, mailing actions via email
1. The customer exempts the Provider from any responsibility of the contents of transmitted webpages on the Webspace and assures that he does not use the Webspace for storage or widening obscene, pornographic, threatening or slanderous material. If the customer offers such contents nevertheless, the Provider is engaged to terminate the contractual relationship immediately and without notice. Beyond that the Provider is engaged to close the webspace without announcement if he finds out that such contents are offered.
2. The customer binds himself not to infringe any registered trade mark - patent or other rights of a third party. If the provider finds such breaches nevertheless, he is engaged to terminate the contractual relationship with the customer extraordinarily and without notice. Beyond that the provider is engaged to close the webspace without announcement if he notices such breaches.
3. The Provider reserves itself the right to close the offer of the customer if he installs programs or contents on its Webspace, which could impair the behaviour of the server. The customer is obligated not to send any sales-, circular- or mass mailings (mailing-actions) via electronic mail by the email addresses on his domain, without being ordered to do that by the recipients. If the Provider notices offences, the Provider is engaged to terminate the contractual relationship extraordinarily and without notice. Beyond that the Provider is engaged to close the Webspace of the customer immediately and without announcement. The right to close the webspace and to terminate the contractual relationship is also valid, if the customer allows a third party the use of his Webspace and this third party causes offences.
4. The Provider reserves the right, to close contents which impair the operational behaviour or the security of the server or to stop these contents immediately.
§11 Liability and indemnification
1. The Provider does not undertake any guarantee for the fact that the virtual server is suitable or permanently available for certain services or software. The provider only makes the webspace available to the customer. The provider is not responsible for any failures within the internet. Beyond that the provider is not responsible for damages or consequential damages, which are caused directly or indirectly by the Webspace.
2. Liability and indemnification (and the size of the amount) are limited for the period, in which the provider cannot offer his service.
3. The customer is informed about the fact that his webspace accounts on the virtual host can only be read by Browsers which belong to the current http-specifications (current version of Netscape and Microsoft).
§12 Trade-mark protection of the domain-names
1. The customer assures that he does not infringe upon the rights of a third party and he does not pursue any illegal purposes by registrating his domain-names and uploading his pages on the internet. The customer is responsible for the choice of the Domain-name. He exempts the provider from indemnification of a third party, who is connected with the registration of the selected domain-name.
2. The Provider reserves the right to close the domain, if a third party asserts law on the domain-name selected by the customer, until the legal proceedings are finished. The customer has to prove the clarification of the law-suit.
§13 Supplementary agreements for resellers/server lease
1.Based on the terms of services the provider offers internet-services and attends to the TDL´s, which are not due to the usefruct of the customer/reseller, but to the final customer.
2. The customer/reseller stays in these cases the only party to the contract of the Marketing & Serversolutions. The costumer/reseller has to obligate the final costumer to the co-operation to these Terms of services and to the terms of the order form in its entirety contractually as far as the final costumers co-operation is necessary , according to these terms of services or the NICs guidelines, for an orderly registration, modification or cancellation of a domain. The costumer/reseller indemnifies the provider all damages, exempts him from all demands and other impairments which could arise from not observing before-mentioned guidelines or not co-operating.
3. In all cases in which the co-operation of the provider is required in ceding or closing a domain, change of the provider or another changes in the domain of the final customer, the customer/retailer has to guarantee that the changes are absolutly legal. The Provider can demand a written approval of the final customer. If the Provider participates on changes of a TDL by order of the customer/reseller, the customer/reseller is engaged to exempt the Provider from all possible claims which the final customer could make on him. This is also valid when the provider makes changes on a domain to which he is engaged to opposite the customer/reseller (e.g. cancellation of a Domain because of non-payment of the refund).
4.The internet-offer of the Provider contains services (for example E-Mail addresses and Domain-names), which the customer can sell separately or divide up to several parties (final consumer). Such a de-integrated marketing of complete solutions requires for reasons of unequivocal administration of the law the agreement of the provider.
5.The customer does not have, unless not separately ordered, claim of an own IP-address, an own physical server for his content or one of him signed bandwidth (efficiency-capacity for the data traffic). The running ensues because of a necessary saving of expenses on efficient servers with an IP-address and the available bandwidth. Therefore deviations of the bandwidth made available to the customer are possible.
§14 Data-security
1.The Provider points out in accordance with § 33 BDSG that personal data are stored within the scope of a contractual relationship. The customer agrees to the processing and use of the personal data which is necessary for executing and using the services (teleservice). Personal data are personal or material details about a certain or a determinable person. The agreement extends also to executing agents of the provider. The provider points out that the data used at the registration are transmitted to a third party and that they are published in an usual extent for the identification of the owner of a domain including the public enquiry option in the WHOIS data base. The customer has at any time the possibility of retracting his approval.
2. The Provider is entitled to use and to process the personal data of the customer for consultation, publicity, market research or for the organization of the teleservice. Inventory data are such data, which are necessary for the establishment in its contents or the change of a contractual relationship about the use of the teleservice. The customer has at any time the possibility of retracting his approval. Stored data will not be transmitted to a third party because of advertising purpose.
3.The Provider points out that data security for data communication in the internet cannot be guaranteed. The customer knows that the provider can technically look into the page-offer which is stored on the webserver and also further stored data of the customer at any time. Other users of the internet are technically also able to intervene in the Webserver and to control the transmission of news. For the security of his data, transmitted to the internet or stored on the Webserver, the customer has to take care himself. Furthermore the customer exempts the Provider from any demands, which occur by attacks from the internet, e.g.: Hack-attacks or other attacks. The customer protects himself from such attacks by the installation of Firewalls.
4. The customer agrees to the fact that the Provider can make inquiries, based on his personal data, on the SCHUFA and other agencies (e.g. Creditreform) about the customers credit-worthiness and in the case of breach of contract (e.g. notice because of non-payment) to pass these information on to them, for protecting legitimated interest.
§15 Technical restrictions
1. The Provider is entitled to charge a third party or agents with the work on parts or the whole power spectrum. The Provider is also entitled to change the used internet-infrastructure, the third persons and agents at any time and without separate notice if it will not cause any disadvantages to the customer.
2. The provider is entitled to use newer and/or other technologies, systems, procedure or standards than was offered first, if it will not cause any disadvantages to the customer.
§16 Place of performance, legal domicile, operation of law
1. The contracts between the Provider and the customer are exercised under German law.
2. The Provider is entitled to transfer the contract with its rights and obligations to a third party.
§17 Salvatory clause
1. If one of the before-mentioned regulations should be completely or partially legally ineffective, it does not refer to the effectiveness of the other regulations of the general trading conditions or the contract. In such a case the provider and the customer engage to negotiate a regulation which is legally effective. If provider and the customer should not find such a regulation the German law supersedes the legally ineffective regulations.
2. In the case of doubt (because of errors of translation) the German general trading conditions (http://www.dnes-host.com/conditions.php) and the German law are valid.
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