Terms and conditions of the MR - Webmedia
Business Owner: Mike Rieckhoff, Behringstr. 8, 97 464 Niederwerrn
§ 1 Subject Matter
(1) MR - Webmedia (hereinafter "Provider") is the customer
(A) a virtual server, that space on a well by other customers, whether used or usable storage medium that contains, however, either its own IP addresses, and so for others as an independent server appears (variant "web space", "VPS" and "Rootserver") provide .
(2) The provider provides the customer leaves in the variants "web space" in the offer described in terms of volume space on any storage media (eg hard disk) of the provider for use under the following provisions.
(3) The provider is the connection between the server and the Internet provide gain, and maintained so that the data stored on the server data upon request by outside computers on the Internet (clients) at any time and without interference by means of the Internet commonly used protocols (http, ftp, smtp, nntp forwarded) are applicable in the respective protocol to the retrieving computer.
(4) The provider owes a concern that the customer data stored in accordance with the contract on the World Wide Web via the vendor maintained by the network and the Internet connected to it by the public around the clock are available worldwide. The vendor assumes no responsibility for the success of each access to stored data, if not exclusively used by the provider operated network, including interfaces to third party networks. Providing good access to the Internet is not the subject of the contract.
(5) The provider shall ensure further that the customer has the option of accessing the server at any time. For this purpose, the provider assigns a user name and password to customers, save with the customer's Internet site in the way of data transfer independently, change, add or delete can (File Transfer Protocol - FTP). For security reasons, the provider also gives the customer the Möglichhkeit to change his password.
(6) apply to these Terms and Conditions. Whichever is the time the contract's completion. Differing, conflicting or additional terms and conditions, even if known, not part of the contract, unless their validity is expressly agreed in writing.
(7) The provider reserves the right to change the terms and conditions at any time with effectiveness within the existing contractual relationships. about such changes in the provider the customer at least 14 calendar days before the entry into force of the changes is set accordingly. If the customer within 14 days from receipt of such notice is contrary to and use of services even after the expiry of that period continues, the changes apply from the deadline agreed to be effective. Contradicted by a customer, will continue the contract under the previous conditions. In the notice of change of provider, the customer will indicate on their right to object and to the consequences.
(8) Amendments to the VAT, the provider is entitled to a corresponding change in the adjustment of remuneration, without the aforementioned contradiction right there.
(9) If the customer is the registration of one or more Internet domains for personal and commercial purposes wants is another object of this contract services provider for the registration of the domain specified by the customer (s) and the maintenance of the registry (Registry).
(10) The domain (s) is / are - depending on their extension (top-level domain) - awarded organizations (registries) on the basis of its own registration requirements and managed - from various - mostly national. The competent registration authority for. De domains, DENIC is the (Www.denic.de). In the case of registration of the domain (s) for the customer, a contract between the customer and the respective issuing authority on the basis of their registration requirements to pass. The customer becomes the owner of the domain (s). The provider is not a party to the awarding authority, but acts as a proxy (§ 164 BGB) for the customer. The provider is required for registration and administration of the domain (s) in the framework of an agency relationship for the customer operates.
(11) The customer informs the supplier about the desired domains using the form to https://domains.mr-webmedia.de.
(12) The e-mail account multiple e-mail address includes the domain. The e-mail addresses from customers through its customer-managed interface itself.
(13) The provider is obligated under the domain registration and domain management services to the following:
(13.1) Domain Registration
(A) The provider is obligated to check if that is desired by the customer (s) domain (s) already assigned to a third party / are. He checked at any time, whether to register the domain for the customer rights of any third party or violates general laws.
(B) If the examination reveals that is desired by the customer (s) domain (s) not assigned to a third party / are the provider will immediately take the necessary measures to register the domain (s) on behalf of customers the responsible contracting authority in the direct path (domain registration). The provider is free to apply for the registration of the domain (s) directly with the registry or registrar on an intermediate / intermediate provider.
(C) If the examination reveals that which is desired by the customer (s) domain (s) already assigned to a third party / are the provider of the customer is notified. Further obligations with regard to the already assigned domain (s) exist for the provider.
(D) inquiries received by the provider for the domain application under § 1 para 13 b) of this Agreement by the relevant awarding bodies, he will respond quickly and in coordination with the customer.
(E) The success of the application, ie. The actual registration of the domain (s) does not owe the provider. The provider has no influence on the lending practices of these organizations. He therefore can not affect to the domain registration, giving the customer the requested amount (s) domain (s) assigned to actually be /.
(13.2) Administrative Domain
(A) Upon registration of the domain (s) to the customer, the provider is obligated to the appropriate registries and registrars of any interim / providers take all reasonable measures to take to the registration of the domain (s) to be maintained. The success of these measures, ie. the actual maintenance of the registration owes, not the provider.
(B) The provider's contact person for the duration of this contract the contracting authority with respect to the domains where they should have been registered to the customer. He acts as deputy to the extent (§ 164 BGB), the customer against the awarding authority.
(C) The provider shall not at any time, whether the registration and / or the use of the domain rights of any third party or violate general laws.
§ 2 speed and server availability with webspace accounts, VPS and Dedicated Servers
(1) The provider shall ensure by a state-of-the-art bandwidth of the connection to the nearest Internet node, such that the highest possible data transfer rate achieved for users.
(2) The web server is continuously for 24 hours, seven days a week in the operational availability of 99.7% with an annual average. Except for downtime due to maintenance and software updates as well as periods in which the web server due to technical or other problems that are beyond the control of the provider (force majeure, third party, etc.), not accessible from the Internet. Unless the provider is likely that take downtime for maintenance and software updates for more than three hours, notify the provider is the customer at least three days before the start of each work.
(3) If the contents of the Web server available to users and this is due to the fault of the provider, the provider owes for every day that goes down the availability of more than 6 hours, a penalty of 1 / 3 of the due monthly basic salary, excluding the traffic volume. The payment obligation is limited to 40 days a year. The penalty shall not be forfeited if the provider proves that he is not at fault. Other claims by the customer shall remain unaffected.
§ 3 Obligations of the Customer
(1) Should it come with the use of the server malfunctions, the customer the supplier of these disturbances will immediately notify.
(2) The customer is obligated to keep the access data to unauthorized third parties confidential. In particular username and password are stored in a way that access to that data impossible by unauthorized third parties, is to prevent an abuse of access by third parties. The Customer undertakes to inform the provider immediately if he becomes aware that a third party, the password is known.
(3) A third person can apply to the people, the space that is the subject of this contract is to use the knowledge and consent of the customer.
(4) The customer is signed by all data stored in an up-and full backup that is stored on disks, which is not located at the provider. He is in the event of a loss of data and transfer it free of charge according to the contract on the server of the provider. The customer shall, before the work on the website a complete data backup.
(5) assures the customer that they do not store any content on the contractual space and set in the Internet, their preparation, publication or use of existing law, especially criminal law, copyright, trademark or other mark rights or personal rights or rights of third parties. For each case, breach of these obligations the customer promises to pay a contractual penalty in the amount of 1500 EUR. In addition, a violation of the customer entitled to the above commitments the provider for an extraordinary termination.
(6) If the customer violates this duty he is to refrain from further infringement, to the replacement of the provider incurred and not incurred damage and to indemnify and hold harmless the provider of compensation and reimbursement claims by third parties caused by the violation committed, . The indemnification includes liability, the provider of legal defense costs (court costs and attorney's fees, etc.) completely exempt. Other claims of the party, especially to block the content and to extraordinary termination remains unaffected.
(7) The customer is obliged to questions of the appropriate domain registration authority to respond immediately.
(8) The obligations of the customer in paragraphs 1-6 shall also apply to the e-mail - Accounts and the stored and sent e-mails from customers.
(9) The customer is responsible for the selection of strings to be registered as domain (s) responsible. He has to consider before the registration if the registration and / or the intended use of the domain rights of any third party or violate general laws. The customer may instruct the provider only for registering such domains, which have arisen after the examination does not reveal any violation of any rights or common law. The examination is compulsory for any period after the registration of the domain (s).
(10) The customer is obligated to have all measures in terms of registration, maintenance of registration and the disposition of the contractual domain (s) are required, especially its transmission or alteration of entries in the databases of these organizations, contribute to a reasonable extent. When registering, the customer shall cooperate in particular in accordance with § 4 of this contract.
§ 4 Necessary data of the customer; appointment of an Admin-C
(1) For the registration of the domain (s) in the designated contracting authority, the customer is entered in the rule with his full name and his full address and other data for direct contact as a domain owner. The customer has the entrant is to provide the following information in the contract known:
- First and last name of the client (legal entity, full company name in addition to legal form, eg AG, GmbH, KG, etc.),
- Address (street, house number, postcode, city),
- Phone number
- Fax number
- E-mail address.
(2) If after the registration requirements of the respective issuing additional or fewer than in the preceding paragraph 1 above information is required, the provider will notify the customer in time.
(3) For the registration of the customer as the owner of the domain (s) for the respective registries also usually means a natural person shall be indicated as the contact person for all matters relating to the particular domain. This person is usually referred to as the administrative contact (Admin-C).
(A) Under the current provisions of the award DENIC eG the Admin-C as a representative of the domain owner entitled and obliged to decide all of the domain (s) concerned matters binding. If the customer is not located in Germany, the Admin-C must itself be based in Germany. It is then also an authorized agent of the DENIC eG the sense of § § 174 | f. Code of Civil Procedure.
(B) The customer has to inform themselves adequately about what provisions regarding the rights and duties of the Admin-C and the existing conditions for his appointment at DENIC eG or apply for any other contractual agreement (s) domain (s) competent registries.
(C) The customer agrees to name the supplier of any contractual domain of contract is a natural person for registration as Admin-C, otherwise provided by the registration requirements of the responsible procurement agency does. The provider will inform the customer before applying for registration of notice of such obligation.
(4) The customer is obliged to inform the provider changes the data notified immediately.
§ 5 exemption
(1) If a third party the party because of possible legal violations that may result from the registry and / or use of the contractual domain (s), claim that the customer is obliged to inform the service provider from all liability to indemnify and reimburse the provider the cost, accruing because of the use.
(2) The indemnity due to the costs shall include the obligation to the provider of legal defense costs (eg court and lawyer fees).
§ 6 Temporary closure
(1) The provider is entitled to interrupt the connection to the Internet site of the temporary (block the site), if a suspicion of a violation of § 4, para 5, due to a warning by the allegedly injured, or regulatory investigations, it was unless the warning is clearly unfounded.
(2) The closure shall, if technically possible and reasonable to restrict the allegedly infringing content. The customer is informed immediately of the revocation, stating the reasons and ask them to remove the allegedly illegal content, or to explain the legality and to prove, if necessary.
(3) The block is abolished when the suspect is exhausted or the provider had the opportunity to cancel because of the behavior of the customer to the contract extraordinarily.
§ 7 Remuneration
(1) The customer agrees to pay to the vendor for each of the valid performance of the agreed price.
(2) The provider is entitled to compensation for the services offered by it pursuant to § 1 para 1 a - c to increase this contract for the first time 12 months after completion of the contract. The increase is due to adjust to the provider of the general price development resulting cost increase. It will take effect one month after its release. The customer can terminate the date of entry into extraordinary. The provider informs the customer of this right of termination.
§ 8 Payment
(1) The provider is the customer with the contractually agreed compensation for services under § 1 para 1 a - c represent the contract with the selected time period in order for the bill. Invoices shall be due and payable within two weeks for payment. Registered domains for an annual flat fee.
(2) If the customer with the payment of due invoices in arrears, the customer is to pay default interest at a rate of 12% above the base interest rate obligation, unless the customer proves that the loss of interest, which the provider is created, less is. The assertion of further claims for default of the provider is not excluded.
§ 9 Rights granting
(1) The content of the website are for the customer to copyright law (as a work, compilation, database work, computer program, photo, database, on related performance rights or derived rights of these rights), art copyright law, trademark law or protected by other proprietary rights (" protected content ").
(2) The customer gives the supplier the time limited for the duration of the contract is not transferable to the location of the server (for backup copies: the place of detention), non-exclusive right to the protected content for the purposes of this Agreement on the server on another server, which serves to mirror, and on a sufficient number of backup copies to reproduce. The provider is not obligated to do so.
(3) The customer gives the supplier the time limited for the duration of the contract, non-transferable, worldwide, non exclusive right to the protected content, which requires the vendor-maintained network and any connected web of public awareness in a manner that Members of the public access to the site of a place and at a time individually chosen by them, and be able to store this data by downloading from the server of the provider. Extent be held after completion of the contract protected content from third parties in cache memories, this store is no longer attributed to the provider.
§ 10 Term and Termination
(1) The contract is initially starting for the chosen initial contract period from the contract. It shall be extended tacitly for each selected contract period, if not he writing of a Party to the end of the first is terminated or any subsequent contract period. The notice period is four weeks.
Terminate (2) The right of any party to terminate the contract if there is a very good cause and without notice, remains unaffected. An important reason for the provider, in particular in every case in which
(A) the customer for two consecutive appointments with the payment of the agreed fee, the customer is in default or in a period that extends over more than two appointments, has come with the payment of compensation in an amount in arrears, which The fees for two months;
(B) the Customer is insolvent or instituted against its assets an insolvency procedure or lack of assets, the application has been rejected on Erüffnung of insolvency proceedings, after the request to open insolvency proceedings over the assets of the customer should the party not because of a delay in paying of the remuneration which has occurred in the pre-opening application, or because of a deterioration of financial circumstances terminate the customer;
(C) the customer of essential contractual obligations violates, in particular, the contractual obligation to observe in the use of contractual services by the landlord the right, and this violation after notice or warning about the blocking of content by the provider does not rectify immediately.
(3) An important reason for the termination of this contract is for the provider also, if
- Customer violated its obligations according to § 4 or § 5 of this contract term,
- The domain (s) due to transfer of a final decision of a competent court or by the Uniform Domain Name Dispute Resolution Policy (UDRP) to a third person or revoke the registration.
(4) Upon termination of the contract, the customer has a claim against the provider to the publishing site. The sample shall be
(A) by multiplying the site on CD-ROM or other media specified by the customer and handing over of the data carrier to the customer and
(B) by making a complete printout of all files on the site on both the source code as well as through a text view in the browser market and delivery of the full expression to the customer.
The provider has to hand over and acceptance of the disk and the expression by the customer is entitled to reimbursement of material costs to be occupied.
(5) Upon termination of the contract, the provider is obligated to release the domain. To this end he has to give all notices required by the customer to make the necessary changes to domain registrations should consult the appropriate awarding authority. This is especially true for the case that statements of the provider is required to make changes to the name of the technical contact ("Tech-C"), to the registered name servers, the zone administrator ("Zone C") and at the billing address (" Billing Contact ") to make.
(6) The obligations of the provider according to paragraph 4 are made only if the customer has met all payment obligations under this agreement in its entirety.
(7) with the latest release according to paragraph 4 extinguished all rights of customers under this contract.
The notice must be sent to
97 464 Niederwerrn
For the termination in writing is required.
§ 11 Liability for defects and other service disruption
(1) For defects of the provided memory bursts of providers is liable according to statutory provisions (§ § 536 ff BGB). Same is true for server housing in accordance with § 1 para 1 c of the Treaty,
(2) For defects of its performance in terms of domain registration and domain management providers is liable according to statutory provisions of the service contract law (§ § 611 et seq).
(3) With the release of space on the Web server does all the provider's liability without fault for initial defects in the web server. Later objections due to open or concealed defects are excluded.
(4) The liability for interruption, disruption or other damage-causing events on telecommunications services of the provider or entity for which the provider, based, is limited to the amount of potential for the provider of recourse against the relevant telecommunications service provider. The provider is not liable for the functionality of the phone lines to the contractual server, in case of power outages and failures of servers, which are not within its control.
(5) The provider shall be liable for any damages, on whatever legal reason, if it a contractual obligation (cardinal obligation) culpably in a manner that endangers the purpose of the contract or damages for gross negligence or willful misconduct.
The limitation of liability also applies in case of fault, an agent of the provider.
(6) If the violation of a contractual obligation (cardinal obligation) is not grossly negligent or intentional, then the liability of the supplier to such typical damages or such damages typically limited in scope, at the time the contract reasonably foreseeable.
You may withdraw your contractual statement within two weeks without giving reasons in writing (eg letter, fax, e-mail). The time limit begins after receipt of this notice in written form, however not prior to closing. The revocation period is sufficient to send the revocation. The revocation must be sent to:
97 464 Niederwerrn
In the case of an effective withdrawal, the mutually received benefits and any benefits derived (eg interest) surrendered. Can you give us the performance received whole or in part, or only in deteriorated condition, you must pay us compensation for the value. Obligations to reimburse payments must be made within 30 days. The time limit begins for you when you send your cancellation notice, and for us with their receipt.
Special Note: The right expires, even if the contract is at the express request of both sides met in full by you before you have exercised your right of cancellation.
The provider handles personal data of customers is confidential and such third parties only to the extent available, as this is permitted by data protection rights or consents, the customer herein.
The provider indicates that the personal information of customers are processed electronically. The data will be used solely for contract execution, unless otherwise agreed.
With the privacy of the information provider shall inform the customer about
The nature, extent, duration and purpose of the collection, processing and use of the services necessary for billing and personal information;
right to object creation and use of your anonymous profile for the purpose of advertising, market research and for tailoring the offer;
the right to free information on his personal data stored by the provider;
the right to rectification, erasure and blocking of his personal data stored with the provider;
The collection, processing and use of personal data for marketing purposes requires the consent of the customer. The customer has the right to withdraw consent at any time with effect for the future (see "Data protection consent").
Should any provision of these Terms and Conditions be or become invalid, then the legal validity of the remaining provisions hereof. Instead of the invalid provision a valid provision shall be deemed agreed that the parties intended the economically closest.
§ 15 Final provisions
(1) This contract is governed by German law is averted.
(2) Exclusive jurisdiction for all disputes arising out of or in connection with this contract is Aachen, unless the customer is a businessman. The provider is entitled to raise the general jurisdiction of the customer's actions or other legal process or to initiate.
(3) This Agreement constitutes the entire control of the subject matter hereof side agreements are not met. Changes or additions to this contract must be in writing. This also applies to a regulation with which this writing is waived.