1 Contractual Basis, Area of Application, Alteration of the Contractual Terms
1.1 All services provided by Sebastian Ohr, referred to in the following terms and conditions as HostingInsiders.com are solely subject to these terms of service.
1.2 HostingInsiders.com may change the terms of service at any time if the customer agrees to the changes. The customer explains that he agrees to such changes by not appealing against the changes within four weeks after beeing informed about the changes. HostingInsiders.com will inform the customer about the consequences of not appealing against the changes.
1.3 HostingInsiders.com does not accept the customerís own terms of service if they differ from these terms of service in any way even if HostingInsiders.com knows the customerís terms of services and does still continue to provide services to the customer.
1.4 These terms of service apply to all future agreements between HostingInsiders.com and the customer.
1.5 If the customers orders domain name registration he also agrees to the terms of service of the organizations that provide the top level domain name and the sub level domain name the customer has chosen.
1.6 HostingInsiders.com may assign their rights and obligations resulting from this contract to other individuals or organizations. In this case the customer has the right to terminate the contract without notice.
2.1 HostingInsiders.com guarantees 98% server uptime on a yearly average. This does not include downtimes that are out of the influence of HostingInsiders.com (for example: natural catastrophes or downtimes caused by third parties). HostingInsiders.com may restrict the access to the provided services if this is necessary for securtiy reasons or to prevent network damages and the loss of stored data
2.2 Every domain name can only be used with one hosting account.
2.3 The traffic included in each hosting package does consist of all traffic on all ports (email, ftp, http, upload etc.). One GB (gigabyte) of traffic is equal to 1000 MB (megabyte) of traffic. One MB (megabyte) of traffic is equal to 1000 KB (kilobyte) of traffic and one KB (kilobyte) of traffic is equal to 1000 bytes of traffic.
3. Domain names
3.1 HostingInsiders.com does only serve as an agent between the customer and the organization providing the ordered domain name. HostingInsiders.com does not take over any responsibilities regarding the domain allocation process or legal issues regarding domain names.
3.2 The customer guarantees that the domain name does not violate the rights of any third party. The customer holds harmless HostingInsiders.com, their staff and operators and the Organizations that provide the domain names and any third parties that take part in the registration process from any damages caused by or claims resulting from the usage of a domain name that violates the rights of any third party.
3.3 The customer notifies HostingInsiders.com if he sells or loses his domain name to a third party. The customer does also notify HostingInsiders.com if he tries to buy the lost domain name back. The customer is obligated to answer questions asked by HostingInsiders.com regarding the process of buying back the domain name.
4. Contract and contract termination
4.1 HostingInsiders.com can accept the customerís order within 14 days from the time when the customer submits the order.
4.2 The contract is not signed before HostingInsiders.com explains so or begins to provide the services.
4.3 The contract recurs automatically for an indefinite period of time. The customer can terminate the contract at any time at least 4 weeks before it recurs without giving reasons. Hostinginsiders.com can cancel the contract 14 days before it recurs without giving reasons. The minimum contract length is 3 months.
4.4 HostingInsiders.com has the right to stop renewing the domain name registration after the termination of the contract. At this point of time the customer loses all rights resulting from the registration of this domain name that he/she might still have.
4.5 If any third party asserts a claim against HostingInsiders.com because of a definite or possible violation of a right described under 8.2 of these terms of service HostingInsiders.com has the right to remove the customerís account and domain name from their server(s) and will no longer be responsible for renewing the domain name.
4.6 Both HostingInsiders.com and the customer have the right to terminate the contract for important reasons. Examples for such reasons for HostingInsiders.com are:
- The customer has been in default of payment for more than 20 running days.
- The customer culpably violates his obligations from 8.1, 8.2, 9.1, 9.4, 9.8 of these terms of service.
- The customer does not change the content of his hosting account to meet the requirements of 9.5 of these terms and conditions after HostingInsiders.com has asked the customer to do so.
- The customer culpably violates the domain registration rules of HostingInsiders.com and the organizations providing the domain names.
4.7 The termination of the contract is to be done via email.
4.8 If the customerís domain name(s) is/are cancelled before the contract expires (for example because the domain name violates the rights of any third party) HostingInsiders.com is not obligated to compensate the customer with another domain name.
4.9 If HostingInsiders.com is not able to continue providing the customer with a certain sub level domain because of the regulations of the organization that provides domains under the according top level domain HostingInsiders.com has the right to terminate the contract up to 14 before it would recur.
5. Prices and payment
5.1 HostingInsiders.com has the right to increase the rates once every quarter if the customer agrees to these changes. The customer agrees to the changes if he/she does not appeal against them within 4 weeks after beeing informed about them. HostingInsiders.com will inform the customer about such changes and about the consequences of not appealing against the changes.
5.2 The customer pays all services provided by HostingInsiders.com in advance. The term of payment depends on the hosting plan and payment term chosen by the customer and is never longer than 12 months.
5.3 The customer allows HostingInsiders.com to draw the payments from the customerís credit card or Paypal account.
5.4 HostingInsiders.com has the right not to register, transfer or renew a domain name before receiving the payment for this domain name.
5.5 The customer can not reduce or omit payments for legal reasons unless HostingInsiders.com or a court agree that these reasons exist.
6. Right of Exemption
6.1 If HostingInsiders.com violates the copyright or trademark rights of a third party and this causes the third party to have any claims agains the customer HostingInsiders.com will defend the customer against such claims and pay the customer`s legal costs only if the customer has informed HostingInsiders.com immediately in a written way and HostingInsiders.com does still have all the technical and legal options and rights to defend against these claims.
7.1 HostingInsiders.com is only liable for any damages if HostingInsiders.com or their staff neglect essential contractual duties or if the damage(s) has/have been caused by gross negligence or willfully by HostingInsiders.com. If the damage has not been caused by gross negligence or willfully HostingInsiders.com is only liable for the damage that was predictable for HostingInsiders.com on entering into the contract.
8. Internet pages and their content
8.1 The customer is obligated to mark the contents of his internet page as his own providing his full name and address. The customers holds HostingInsiders.com harmless from any claims resulting from the violation of this obligation.
8.2 The customer is liable for any claims resulting from the violation of and not allowed to host any content violating any third partyís rights (i.e. copyright, trademark, privacy rights, personal rights etc.), laws of Germany or the USA and the code of morals that is caused by the content of his/her website, the content of his webspace, the domain name, his/her email addresses and banners and other images or documents.
Especially the customer is obligated not to offer any pornographic content or commercial services that contain pornographic or erotic content (nudity, peep shows etc.). The customer is not allowed to submit his/her site to search engines or link directories or other pages if this violates the rights of any third party, the law or the code of morality. If the customer fails to abide by these rules the customer has to pay a contractual penalty of 5050.00 EUR (in words: fivethousand and fifty EUR) for each breach without referring to the principles of continued act.
8.3 The customer is not allowed to upload, host or share any mp3 files.
8.4 HostingInsiders.com is not obligated to search the customerís account for content mentioned under 8.2, 8.3 and 9.5 of these terms of service. As soon as HostingInsiders.com finds such content HostingInsiders.com has the right to suspend and/or terminate the customerís account. HostingInsiders.com will inform the customer about the suspension immediately.
9. Obligations of the customer
9.1 The customer explains that the information he has provided to HostingInsiders.com are correct and complete. The customer will inform HostingInsiders.com if the information he has provided have changed. If HostingInsiders.com asks the customer if the information is still up to date the customer is obligated to answer within 15 days after receiving the question. This regards especially:
- Name and address of the customer
- Name, address, e-mail address, phone and fax numbers of the technical contact of the domain name.
- Name, address, e-mail address, phone and fax numbers of the administrative contact of the domain name.
- If the customer provides his own nameservers: The IP addresses of the primary and secondary nameservers as well as the names of the nameservers.
9.2 The customer is obligated to retrieve emails sent to email accounts that are hosted with HostingInsiders.com regularly at least once every 4 weeks. HostingInsiders.com has the right to send emails back to the sender if the capacities that belong to the customer's account have been exceeded.
9.3 The customer is obligated to keep the password(s) that belong to his account and email addresses secret and to inform HostingInsiders.com immediately if he recognizes that unauthorized third parties know the password(s). If third parties abuse the passwords to use the services of HostingInsiders.com the customer is obligated to compensate HostingInsiders.com for any usage and damage caused by the third parties. The customer is obligated to create full backups of his data on every day when he/she or his staff have done any changes to the data. A backup of the data stored on the servers of HostingInsiders.com must not be stored on the HostingInsiders.com servers. The customer is also obligated to create a full backup of all data every time before HostingInsiders.com does work on the server that contains the customerís account. The customer is responsible for making sure that the software he uses when working with HostingInsiders.comís services or accounts is working properly. The customer knows that small changes to the software can cause serious problems and loss of data.
9.4 The customer and his staff are obligated not to send or ask third parties to send any emails that contain advertisements without the permission of the recipient. This regards especially mass sendings of commercial emails with equal or similar content (spamming). Commercial mass mailings may only be sent to subscribers who did request and confirm to be added to a mailing list. The customer has to store the IP address of the subscriber at the time of the subscription as well as the IP address of the subscriber at the time of the confirmation of the subscription. Additionally the customer has to store the time and date of the subscription and the time and date of the confirmation. The customer is also bound to the laws regarding the sending of emails of the country he belongs to, the European Union and of the United States of America. If the customer fails to abide by these rules HostingInsiders.com has the right to suspend the customerís account immediately.
9.5 The customer is obligated to design the software and CGI scripts and any other content he stores on the server and the usage of these programs/content so that they do not consume a large amount of processing power and memory causing the server to be unstable. HostingInsiders.com has the right to prevent the customer and any other people from having access to such sites. HostingInsiders.com will inform the customer immediately about such action.
9.6 Additional transfer is sold to the customer considering the capacities of the data center and the interests of other customers for an additional fee.
9.7 The customer can limit the amount of additional traffic he wants to buy via email. In such cases no additional transfer is possible if the limit is reached.
9.8 The customer is not allowed to run any chat rooms, bots, daemons, IRC tools, cron services or proxy scripts on his website except for the chat rooms, bots, daemons and cron service provided by HostingInsiders.com. Rapidleech and wp-cron.php (Wordpress Cron) are not allowed.
9.9 The customer is not allowed to use Hostinginsiders.com's services as a backup solution to store data that is not part of the customer's web site.
10.1 HostingInsiders.com does only use, collect and save personal information about the customer as far as it is required to make and deal with a contract and for billing purposes.
10.2 The customer knows that privacy for transfer of information on open networks like the internet can not be guaranteed at present for technical reasons. The customer knows that its technically possible for the provider to view contents on the customerís webspace. Other parties might as well be technically able to view any information on the customerís account by hacking or breacking into the system. It is the customers sole responsibility to secure the transfer and information transferred to and stored on his account.
11. Final regulations
11.1 The legal venue for any claims resulting from this contract is Stuttgart, Germany if the law of the Federal Republic of Germany does not determine something else. For all contracts that are based on these terms of service the law of the Federal Republic of Germany is in exclusive force.
11.2 If any part of these terms of service are invalid or get invalid this does not cuase the other parts of these terms of service to get invalid, too. Instead the invalid rule is to be replaced by a similar rule that the parties would have chosen if they had known that the rule is invalid and that would have caused an equal or similar result. This does also apply if parts of these terms of services are incomplete.