Terms of hosting / domains / hosted exchange by LANSOL GmbH - consumer information and cancellation policy
Section 1 Scope
(1) These general terms and conditions between Lansol GmbH, Rheingönheimer Weg 13, 67117 Limburgerhof (hereinafter also referred to as us or provider) and the customer (hereinafter also referred to as you or customer) only include applicable conditions, unless they are amended by agreement between the parties. We provide our services in the field of hosting, domains and hosted exchange only subject to these terms and conditions.
(2) Amendments to these terms and conditions will be notified to you in writing, by fax or email. If you do not make a complaint against this amendment within four weeks after receipt of notification, the amendments are considered accepted by you. You will separately be informed about the right of objection and the legal consequences of silence in the case of amendments to the terms and conditions.
Section 2 Conclusion of the Contract
The presentation of our services is not a binding offer on our part. Only the order of a service by you is a binding offer according to Section 145 German Civil Code. In case of acceptance of this offer, we will send you an order confirmation, for example, by fax or email. The acceptance of your offer takes place separately, for example, by fax or email.
Section 3 Services
(1) The provider offers services for online access of content. The obligations of the provider arise from the service specification of the relevant product. If the provider provides the customer with system resources as part of web hosting (shared hosting) on a virtual server, on a server not dedicated to the customer or on a dedicated server that is provided exclusively for the customer, the customer can store content up to an extent and according to the technical specifications as specified in the applicable service description, rate summary or the order form, which are part of the contract.
(2) On the server, the contents are kept ready for online retrieval at the Internet address to be provided by the customer. The services of the provider in the transmission of data are limited solely to the data communication between the transfer point of the own data communication network operated by provider to the Internet and the web space / server provided to the customer. The provider cannot influence the data traffic outside of his own communication network. A successful transmission of information from or to the computer querying the contents is therefore, not owed. The customer has no right to have the same IP address assigned to the server for the term of the contract . The provider reserves the right to change it as per technical or legal requirement and allocate new IP addresses to customers.
(3) The provider provides the above services with a total availability of 99%. Availability is calculated, based on the time attributable to the respective calendar month during the term of the contract less maintenance time. The provider is entitled to perform maintenance in the morning on Tuesdays and Thursdays between the hours of 3 am - 6 am for a total of 10 hours per calendar month. The above services will not be available during maintenance.
(4) The provider is entitled to adjust the hardware and software used to provide the state-of-the-art services. If such adjustment results in additional requirements are set on the contents stored by the customer on the server, so as to ensure the provision of services by the provider, then the provider will inform the customer about these additional requirements. Upon receipt of the notification, the customer will immediately decide on the applicability of the additional requirements and the time of their enforcement. The provider has the right to terminate the contract with effect from the date of transition If the customer does not later than four weeks before the date of transition that it time for change that is at least three working days before the date of transition, will conform to the additional requirements, has its content.
(5) Technical support services are only included in the offers as listed in the currently applicable rate summary or the order form available on the Internet. Otherwise, a separate calculation is done.
Section 4 Customer's Obligations to Cooperation, Exemption
(1) The customer guarantees that the information provided by him is complete and correct. He is obliged to inform the provider immediately of any changes to the provided contact details as well as other data required for implementation of the contract.
(2) The customer shall not store any unlawful content that violates the laws, government regulations or rights of third parties is in the space provided. He will ensure that the Internet address, which he has selected and at which the content can be viewed online, also does not infringe laws, government regulations or rights of third parties. The customer will also ensure that the programs, scripts, etc. installed by him do not pose any risk to the operation of the server or the communication network of the provider or the security and integrity of other data stored on the servers of the provider.
(3) The customer indemnifies the provider from any claim for damages by third parties for which the former is culpable, including the costs incurred by the claim.
(4) Taking into account also the legitimate interests of the customer, the provider is entitled to temporarily suspend the access of this content to the Internet completely or partially with immediate effect in the event of imminent or actual infringement of the foregoing obligations and in the event of assertion of not apparently unfounded claims by third parties against the provider for failure of complete or partial performance of the content stored on the server on the Internet. The provider will immediately inform the customer about this measure.
(5) If programs, scripts, etc. installed by the customer endanger or impair the operation of the server or the communication network of the provider or the security and integrity of other data filed on the servers of the provider, then the provider may disable or uninstall these programs, scripts etc. If the elimination of the risk or impairment requires this, the provider is also entitled to interrupt the connection between the contents stored on the server and the Internet. The provider will immediately inform the customer about this measure.
(6) The customer receives a user ID and an alterable password for access to the memory location specific to the customer. The customer is obligated to change the password at regular intervals - at least once in 3 months. The password must have a minimum length of 8 characters and contain at least one letter, one number and one special character. The customer may disclose the password only to those people who have been authorised by him to access the memory location. If the password is entered incorrectly three times in a row, access to the memory location is blocked to protect against misuse. The customer will be informed about this. The provider allocates a new password to him. In this case, the provider is entitled to not only reassign the password, but also a new user ID.
(7) The contents stored by the customer on the specific memory location can be copyright and privacy-protected. The customer grants the provider the right to allow online access to the contents stored by him on the server, in particular to reproduce and transmit them and to copy them for backup purposes. It is the customer's responsibility to check whether the use of personal data by him suffices data protection requirements.
(8) The customer undertakes not to use the resources offered by the provider for any action that may cause excessive use of the facilities of the provider or violate legal prohibitions, good conduct and the rights of third parties. If the customer violates these obligations, the provider is entitled to the immediate cessation of the service and to assert further claims for damages.
Section 5 Data Backup
(1) The customer will create daily backups of all data he uploads to the provider's server, wherein such backed-up data may not be stored on the server itself, so as to ensure fast and economical restoration of data upon a system failure. In the event of data loss, the customer will upload the relevant databases free-of-charge to the server of the provider and restore configurations.
(2) After termination of the contract, the provider offers the customer a disk with the contents, stored on the memory location specific to the customer, before deletion under a separate, pecuniary interest agreement for the period of one month after termination. Any right of retention of the provider shall not be affected.
(3) With regard to the data backup in the field of the hosted exchange product, it is referred to the Section16.6 Special conditions of hosted exchange.
Section 6 Reseller
(1) The customer is entitled to grant third parties a contractual right to use the content administered by him. The customer remains the sole contracting party in this case. The customer is also obliged to intra-contractually pass on all contractual terms, arising from the general terms and conditions and the service specifications to the third party and to obligate the same to comply with these conditions. This also applies to the special obligations for domains of these general terms and conditions.
(2) The customer is fully liable to the provider even if the third party violates contractual obligations, does not fulfil obligations to cooperate or problems in the granting of rights to third parties arise otherwise. The customer also indemnifies the provider from any claim that may be asserted by the third party or the provider.
Section 7 Fee
(1) For the agreed services, the customer makes an advance payment of the fees reported in the range of services offered, the rate summary or the order form at the time of concluding the contract. All fees are exclusive of applicable German VAT. The payment can be made either by direct debit authorisation, Paypal or SOFORT transfer. All fees are due immediately upon receipt of the invoice.
(2) The provider invoices its services either monthly or several months in advance, depending on the mode of payment agreed. The amounts set out in the invoice are immediately due in full upon receipt. The invoice can be sent by post or email at the discretion of the provider. The provider is authorised to change the selected shipping method, if legal, organisational or technical reasons especially require this. A legal claim of the customer on continued shipping in the method that was usual at the time of concluding the contract is unfounded.
(3) Unless otherwise agreed, the customer obliges to issue a direct debit authorisation to the provider on signing / conclusion of the contract for the collection of any charges. In the event that the account designated by the customer for this purpose does not have sufficient funds or the customer does not fulfil his payment obligations in time for other reasons, he also owes statutory default interest from the due date.
(4) The provider is entitled to a flat-rate allowance for processing and monitoring the incoming payments for each month, which has begun and in which a contractually agreed debit authorisation is not granted.
(5) The provider is entitled to change the price list for his services. The provider will notify the customer of any changes in the price list in writing no later than six weeks prior to implementation of these changes. If the customer does not agree to the change in the price list, he may extraordinarily terminate this contract at the time of intended enforcement of the change in the price list. The termination must be in written form. If the customer terminates the contract at the time the price change takes effect, the amendment shall be deemed accepted by him. With the notification of the price change, the provider shall inform the customer about the intended significance of his action.
(6) The provision of services by the provider is bound by the fact that the customer meets his payment obligations on time. If the customer is in arrears with the payment of a significant proportion of the fee owed for two consecutive months, the provider may terminate the contract for important reason without notice.
Section 8 Term of the Contract
(1) Unless contractually agreed otherwise, the contracts are concluded for a period of 12 months each. The contract can be terminated at the end of 12 months by either party with a notice period of 3 months. Cancellation can only be made in writing (for example via e-mail). If notification of cancellation is not made, then the contract is extended by another 12 months.
(2) The termination for an important reason shall remain unaffected.
(3) The provider is also entitled to terminate the contract for an important reason without giving notice. Such an important reason occurs, inter alia, if:- the customer is in arrears with the payment of a significant proportion of the fee- the customer violates or ignores warnings of its obligations, in particular under Section 4- If the customer uses content, which could affect the security of the server- If insolvency proceedings has been applied over the assets of the customer, or the opening is rejected for lack of assets.
Section 9 Liability for Defects
(1) If there is lack in the provision of services by the provider under this contract, the customer is entitled to the applicable statutory warranty rights, in particular, he may demand replacement.
(2) If the subsequent performance is not possible because the service, for example cannot be provided or the subsequent performance fails, the customer is entitled to claim damages or reimbursement for his futile expenses as well as to reduce the fee and to terminate the contract for important reason without giving notice if continuation of the contract until the expiry of the notice cannot be expected from the customer, taking into account all circumstances of the individual case and weighing the interests of both parties.
(3) The provider is only liable for defects which were already present at the time of transfer of the memory space to the customer, if the former is responsible for these shortcomings.
(4) The customer must notify the provider of any defects immediately.
(5) The provider does not guarantee that hardware and software used or provided by the provider are meet the requirements of the customer and are suitable for certain applications. The provider guarantees to the customer only that hardware and software used or provided by the provider are essentially working according to the manufacturer's specifications on the date of transfer, under normal operating conditions and normal maintenance.
Section 10 Liability
(1) In the scope of the TKG (Telecommunications Act), the liability privilege of Section 44a TKG applies.
(2) Outside the scope of paragraph 1, the liability is governed by the following provisions. The provider is liable for intent and gross negligence. The provider shall be liable only for breach of an essential contractual obligation, the fulfilment of which is a prerequisite for proper execution of the contract and the customer may regularly trust on its compliance, as well as damage resulting from physical injury, health impairment or death. The provider is liable only for foreseeable damage whose occurrence is typically expected. The provider shall not be liable for the loss of data and/or programs to the extent that the damage is due to the fact that the customer had failed to perform backups to ensure that lost data can be restored with a reasonable effort.
Section 11 Data Protection and Data Security
(1) We will use all personal data provided by you (title, name, address, date of birth, email address, telephone number, fax number, bank details, credit card number) only in accordance with the provisions of German Data Protection Law.
(2) Your personal data, insofar as this is necessary for the establishment, drafting or modification of the contractual relationship (inventory data), will be used exclusively for the processing of the contracts concluded between us, such as the delivery of services to the address specified by you.
(3) Your personal data, which is necessary to allow and calculate the usage (usage data) of our services, will also initially be used only to process the purchase agreements concluded between us. Such usage data includes, in particular the features to identify you as a user, information on the beginning and end and the scope of use and information on the telemedia used by you as a user.
Section 12 Copyrights
If the provider performs software development and individual configurations for the customer or for third parties on behalf of the customer, the former grants the customer a non-exclusive right to use the software and configurations created in the Internet for the term of the contract.
Section 13 Amendment to the Contract Terms
Unless specifically regulated otherwise, the provider is entitled to amend or supplement these terms and conditions as follows. The provider will notify the customer of any amendment or addition in writing no later than six weeks prior to their enforcement. If the customer does not agree to the amendments or additions to the contract terms, then he can object to the amendments one week before the intended enforcement of the amendments or additions. The objection must be in writing. If the customer does not object, then the amendments or additions to the terms and conditions are considered accepted by him. With the notification of the amendments or additions to the terms and conditions, the provider shall inform the customer about the intended significance of his action.
Section 14 Special Regulations for Internet Domains and Search Engines
The various top-level domains ("suffixes") are managed by a plurality of different, usually national organisations. Each of these organisations which allocates domains has different terms and conditions for the registration and administration of top-level domains, the associated sub-level domains, and the proceedings in domain name disputes. If top-level domains are the subject matter of the contract, the award conditions shall also apply. If .de domains are the subject matter of the contract, the DENIC Domain Guidelines and the DENICdirect price list apply in addition to the DENIC Domain Terms.
(1) If the customer allows registration of a domain through the provider, the contract is concluded directly between the customer and the respective contracting authority or the registrar. The provider works here as an agency for the customer. The terms of the respective contracting authority or the registrar shall apply. For example, these are the Domain Guidelines and Domain Terms and the price list for Denic eG.(2) The registration of domains is done in an automated process. The provider has no influence on the domain allocation. Therefore, he does not assume any guarantee for the allocation (delegation) of the domains requested by the customer, without infringement of third party rights.(3) The customer is obliged to cooperate in the registration, transfer and deletion of domains as well as in the amendment of entries in the databases of the contracting entities in a reasonable manner.
(4) The customer guarantees that his domains, including accessible contents neither violate any laws nor infringe rights of third parties. Depending on the type of the domain or nature of the associated content, other national legal systems must be observed.
(5) If a third party proves that domains or their content infringes their rights, or a legal violation is likely to the satisfaction of the provider on the basis of objective evidence, the provider can lock the content temporarily and take measures to make the relevant domain inaccessible.
(6) The customer shall indemnify the provider from any claims for damages by third parties that are based on the unlawful use of an Internet domain or related content.
(7) If the customer dispenses with a domain when dealing with the respective contracting authority or the registrar, he shall immediately notify the provider of this.
(8) The termination of the contract with the provider leaves the registration contract on a domain between the customer and the contracting authority or the registrar, unaffected. Cancellation orders concerning the registration relationship must still be sent to the provider, as it manages the domain for the domain owner, and notifications of the domain owner, including contract terminations, must regularly be forwarded via the provider to the respective contracting authority or the registrar.
(9) Therefore, the termination by the customer concerning the contractual relationship with the provider required explicit written declaration from the customer that the domain is co-terminated and can be deleted for simultaneous effective termination of the registration agreement on a domain. If the customer is also not the domain owner, termination or cancellation order is subject to the written consent of the domain owner or Admin-Cs. In that case, the form approved as a e-mail applies as "in writing" in both cases.
(10) The deadline for issuing domain termination orders to the provider is six weeks prior to the end of the term of the registration relationship for all domains in conjunction with the top-level domains .com, .co.uk, .com, .net, .org, .biz, .info, .eu, whereas three months for all other domains.
(11) In this respect, delayed domain termination orders will be forwarded by the provider to the registrar without delay. However, it is clear that if a cancellation order relating to the domain registration contract is not issued on time by the customer, thus extending the term of the domain registration with regard to the contracting authority or the registrar, the payment obligation of the customer persists for the period of extension.
(12) If the customer terminates the contractual relationship with the provider, but does not make any explicit decision on what happens with the domains previously registered via the provider, the obligation to pay royalties for the domains also remains until further notice. Following unsuccessful request to the customer, which is sent to the email address saved by the customer, to make a statement about the domains in writing within a reasonable period, the provider is entitled to transfer the domains to the direct management of the respective contracting authority or to release the domains on behalf of the customer. The same applies to a termination of the contract with the customer by the provider.
(13) If domains are not transferred by the customer to another provider for their administration before the termination date of the agency agreement on the management of domain between the customer and the provider, the provider is entitled to transfer the domains to the direct management of the respective contracting authority or to release the domains on behalf of the customer. This is particularly true in the event that the customer had issued a statement with regard to the transfer of the domain to a new provider, but has not implemented this on time.
(14) If the customer requests registration of his website in one or more search engines (online search engines of Internet content), the provider owes here only the agency work as with the domain allocation. The inclusion in the search engine and the time are decided solely by the operators of the relevant search engine.
Section15 Special Conditions for Dedicated and Virtual Servers; Exemption
(1) The provider grants the customer full and exclusive administration rights to the leased servers. Only the customer has the individual administration password of the server, not the provider. Thus, it is impossible for the provider to manage a server leased by the customer. Therefore, the customer is exclusively and solely responsible for the management and security of his server at his own expense and risk. It is his duty to install necessary security software, to constantly inform himself about known loopholes and to fix them automatically. The installation of maintenance programs or other software, which is made available or recommended by the provider does not exempt the customer from this obligation.
(2) If it is necessary and reasonable, the customer participates in simple configuration changes, for example by re-entering the access data or simple adjustments of his systems.
(3) The customer is obliged to configure his programs so that they are automatically restarted when you restart the hardware or the operating system.
(4) The customer is obliged to set up his server and manage such that the security, integrity and availability of the networks, other servers, software and third-party data is not compromised. In particular, the customer is not allowed to use the server for the direct dispatch of SPAM mails and (D)DOS attacks or to operate open mail relays and other systems on the server, by which SPAM mails and (D)DOS attacks can be spread. In case of violations, the provider reserves the right to disconnect the server from the network without prior notice and to terminate the contract without notice.
(5) On the servers leased by him, the customer agrees not to: operate Internet Relay Chat (IRC) services, anonymisation services of P2P file sharing, commercial or private offering "movie file sharing" or provide to any third party.
(6) The customer is granted a non-exclusive right to use provided programs during the term of the contract and is committed to follow and comply with the relevant licence regulations. The customer agrees to follow and comply with the applicable licence terms in the case of an optional provision of an operating system licence of Microsoft. The licence terms are based here on the Service Provider User Rights (track) and the Product User Rights (PUR). Infringements and consequent claims by the licensor shall be borne by the customer.
(7) The customer indemnifies the provider from any claim by third parties due to the customer's culpability, including the costs incurred by the assertion of the claim, unless the provider violates these special conditions according to Section 15.
Section16 Special Conditions for Hosted Exchange; Exemption
Subject matter of the contract on the hosted exchange product is the access to software specified in the order via the Internet. The provider allows connection of the servers that provide the product to the Internet, the maintenance of operability and up-to-dateness of the server system and the use of the mentioned software. The contractual scope of services in detail results from the order as the basis of this contract in conjunction with the offered services listed overleaf and the associated SLA (Service Level Agreement) as amened from time to time, which is regarded as part of the contract.
(1) The hosted exchange rates include the service contents from the website / service specification.
(2) The provider grants the customer a 30-day free trial (rate-based and dependent on the respective temporary sales promotions) when ordering the relevant hosted exchange tariff. It is possible to test the hosted exchange product with a maximum of 1 mailbox, based on the client's needs. After the 30-day trial period, the hosted exchange mailbox is permanently disabled; the data stored by customer will be deleted irrevocably. The customer may only use 30 day trial version for testing purposes and not store any production data on the systems. Data recovery is expressly not possible with trial versions. Should the customer decide for an unlimited version after the trial period, then he must place a new order.
(3) Support services that are included in the selected hosted exchange rate will be performed only in the working hours mentioned below. Support services outside of these hours and additional support will be calculated according to Section16.4 below. It is left to the provider's Support department to decide whether a support service is free of charge or not, based on the scope of the service provided. The provider's Support department will request the customer in advance for a written consent in case of a chargeable support service. Here, the written form of email is deemed met.
(4) Additional support will be invoiced separately by the customer. Support work from 7 am to 6 pm (Monday to Friday) is subject to a fee of 15 € for every 15 minutes started, plus VAT, for work from 6 pm to 8 pm and for weekend work to an hourly rate of € 125.00, plus VAT and travel expenses for on-site operations of any kind is subject to a rate of € 0.65 / km for forward and return trips. (travel time is half the work time)
(5) Further support includes, in particular:- Any work outside of working hours referred to in Section16.4- Configuration changes and second level support for configurations outside the agreed configuration- If technically feasible, eliminating faults which are demonstrably caused by improper use or the installation of other programs- All on-site operations at the customer or its end customers of any kind- Operations that are done remotely by the Support department of the provider (within the service hours)
(6) Provisions concerning availability of services, availability of Internet connectivity as well as the resulting credit claims are found in the applicable SLA (Service Level Agreement). Explicit reference is made to them and their contractual validity.
(7) Data backup is performed by the provider. The customer has the option of recovering deleted emails within a period of 30 days via the Outlook Client. Data recovery by the provider is no longer possible after executing the "permanently delete data" option in Outlook.
(8) The customer is obliged to set up his server and manage it such that the security, integrity and availability of the networks, other servers, software and third-party data is not compromised. In case of violations, the provider reserves the right to disconnect the server from the network without prior notice and to terminate the contract without notice.
(9) The customer is granted a non-exclusive right to use provided programs during the term of the contract and is committed to follow and comply with the relevant licence regulations. If LANSOL® provides the customer with software, other licences or products, the customer may not forward them to third parties, unless agreed otherwise. He must return them to LANSOL® and delete any copies made after termination of the contract. The customer undertakes to follow and comply with the applicable licence regulations in case of provision of an operating system licence of Microsoft. The licence terms here are based on the Service Provider User Rights (SPUR) and the Product User Rights (PUR). Infringements and consequent claims of the licensor shall be borne by the customer.
(10) The customer indemnifies the provider, unless he does not violate these special conditions according to Section16, from any claim by third parties due to negligence on his part, including the costs incurred from the claim.
Section 17 Final Provisions
(1) The assignment of claims is only allowed with prior consent of the contracting party. The consent shall not be unreasonably withheld. The provisions of Section 354 a German Commercial Code remains unaffected.
(2) Right of retention can be asserted only for counter-claims arising from the respective contractual relationship.
(3) The contracting parties may only offset with claims which have legally been established, are undisputed or are asserted from the respective contractualrelationship.
(4) All changes, additions and cancellations of contractual agreements must be in writing, as well as the waiver of the written form requirement, unless this contract waives the text form.
(5) If any provision of the party agreements should be or become wholly or partly ineffective, the validity of the remaining provisions shall not be affected. In this case, the parties undertake to replace the invalid provision by a valid provision that comes closest to the economic purpose of the invalid provision. Thesame applies to any loophole in the arrangements.
(6) The Law of the Federal Republic of Germany applies, excluding the CISG.
(7) Legal venue for business transactions with merchants, legal persons under public law or public assets is Limburgerhof for all legal disputes in connection with the concluded contract. In this case, a judicial process can also be carried out at the customer's place of business at the discretion of the provider.