dataforest

Note: This is an unofficial English translation provided for convenience only. In case of any discrepancy or doubt, the German version shall prevail. The legally binding version is the German original.

§ 1 Scope

The provider offers various hosting services for commercial and private customers. The subject of this contract is the provision of web space by the provider, the provision of virtual servers, the connection of the customer's website to the internet, and depending on the chosen service package, the registration and connection of one or more domains as well as standardized web design services for the customer.
The provider's services are rendered exclusively on the basis of the following General Terms and Conditions in the version valid at the time of ordering. Our General Terms and Conditions apply exclusively. General Terms and Conditions of the customer that deviate from our General Terms and Conditions shall have no validity unless we expressly agree to them.

§ 2 Conclusion of Contract

The provider's website on the internet constitutes a non-binding invitation to the customer to submit an offer to conclude a contract. The provider may accept this offer within 3 working days by sending a confirmation of acceptance by email or by performing the contractual service. After the deadline has expired without result, the offer shall be deemed rejected.
There is no general right to use the service. The provider reserves the right to refuse to conclude a contract with users without stating reasons.

§ 3 Scope of Services

The provider grants the customer storage space on a server suitable for storing the transmitted content. This server is a server of a third party which the provider is authorized to use.
Depending on the chosen package, the subject of the contract additionally includes the connection of the customer's website to the internet as well as the registration and connection of one or more domains.
The respective scope of services is determined by the chosen service packages. The technical specifications and services are detailed on the provider's website in the service descriptions.

§ 4 Domain Registration

In the acquisition and maintenance of domains, the provider acts only as an intermediary in the relationship between the customer and the respective registrar. In the context of domain registration, the respective conditions of the registrar apply for the registration and management of top-level domains and the corresponding sub-level domains. The registrars' terms of use can be found on the overview page for the respective domain extensions.
The provider has no influence on domain allocation and cannot guarantee that the domains applied for by the customer can be allocated or are free from third-party rights.
The customer must ensure that the domain they apply for does not infringe any third-party rights such as naming rights or trademark rights.
The provider will only register the desired domain after receipt of the agreed payment in the provider's account.

§ 5 Contract Duration / Termination

The duration of the contracts is determined by the package chosen at the time of contract conclusion on the provider's website. Unless otherwise agreed there, the contract is extended by the respective term if it is not terminated 2 weeks before the end of the chosen contract term. Termination may be made by letter, fax or email, as well as from the customer area on the website.
The provider invoices its services monthly. Invoices are due for payment immediately upon receipt without deduction.
In the case of domain registration, the notice of termination must state whether the domain is to be deleted immediately, at the end of the contract term, or whether the domain is to be released for a provider change. The customer has 30 days from the date of termination to complete the provider change. If the provider change (transfer) is not fully completed within this time, the release for provider change of the domain(s) will be revoked. The contractual billing periods continue without termination.
In the event of termination by the customer, all of the customer's content will be deleted. In the event of a provider change, the provider has a right of retention with regard to the release declaration to the new provider, insofar as the customer has not yet fully fulfilled the contractually owed and due remuneration.

§ 6 Remuneration, Default of Payment and Default Notice

The prices displayed on the provider's website at the time of contract conclusion apply. Payment of the agreed remuneration is possible by bank transfer, via the PayPal service and SOFORT Überweisung.
The provider invoices its services monthly. Invoices are due for payment immediately upon receipt without deduction.
If the customer defaults on payment, the provider is entitled to charge default interest at a rate of 5 percentage points above the base interest rate of the European Central Bank. For legal transactions between merchants, the interest rate is 8 percentage points above the base rate. If the provider claims a higher default damage, the customer has the opportunity to prove that the claimed default damage did not occur at all or occurred in a significantly lower amount.
If the customer defaults on payment, the provider may claim the resulting reminder costs. This does not apply if the customer proves that no damage or damage in a lesser amount was incurred.
In the case of chargebacks for which the customer is responsible, the provider is entitled to charge the costs incurred thereby. This does not apply if the customer proves that no damage at all or significantly less damage was incurred.

§ 7 Customer Obligations

The customer is responsible for ensuring that the data provided at registration is correct and complete. The customer must promptly notify the provider of any changes to registration data.
The customer undertakes not to use the provided web space for the distribution of unlawful content. The customer is responsible for ensuring that their website complies with legal requirements. This particularly concerns the statutory obligation to provide provider identification (imprint). The customer is responsible for ensuring that the requested domain does not infringe any third-party rights. There is no obligation for the provider to verify this.
The customer assures that they will not store on the contractually provided storage space or publish on the internet any content whose provision, publication or use violates applicable law or third-party rights. Customers are expressly prohibited from using the servers provided by the provider to send unsolicited commercial emails (spam) or to operate file-sharing exchanges or networks. The distribution of the following data is also prohibited, although the list is not exhaustive:

Data with pornographic or youth-endangering content
Data with seditious content or content of unconstitutional organizations
Data whose exploitation and public reproduction infringes copyright, related rights or industrial property rights (patents, trademarks, designs and utility models)
Data that violates third parties' rights to their own image, naming rights or personal rights
Executable programs containing viruses or Trojans

The customer must regularly update the programs installed on the server so that the security and availability of the provider's servers is not impaired by faulty and outdated programs. The provider may block services if they impair the security and availability of the servers.
The customer receives a user ID and password for maintaining their offering. They are obligated to keep this confidential. The customer is only entitled to transfer the contractually provided storage space to a third party if the provider has agreed to such transfer to third parties in text form. This applies regardless of whether the transfer is to be partial or complete, paid or unpaid.
The customer ensures regular backup of their content stored on the server. There is no obligation for the provider to regularly back up the content without a separate contractual agreement.

§ 8 Availability, Warranty and Liability

The provider is liable for the accessibility of its internet web servers. Excluded from this are times when the web server cannot be reached via the internet due to technical or other problems that are outside the sphere of influence or responsibility of the provider (e.g. force majeure, non-attributable fault of third parties).
Access to the servers may be restricted by the provider insofar as this is necessary to maintain and secure network operations, in particular to prevent serious disruptions to the network, software or stored data. The customer's warranty rights are not affected by this.
For damages other than those arising from injury to life, body or health, the provider is only liable if these damages are based on intentional or grossly negligent action or on culpable violation of a material contractual obligation. Any further liability for damages is excluded. The provisions of guarantee liability remain unaffected. In the event of a slightly negligent breach of duty, the provider's liability is limited to the foreseeable, contract-typical, direct average damage according to the type of contract.

§ 9 Indemnification

The customer supports the provider in defending against claims made by third parties against the provider on the basis of content transmitted by the customer or due to a legal infringement in domain registration, in particular by providing information necessary for the defense.
The customer is obligated to reimburse the expenses necessary for legal action that arise for the provider from third-party legal claims based on content posted by the customer or due to infringement of third-party rights through domain registration. The obligation to reimburse only applies if the user is at fault with regard to the action or omission that triggers the legal action.

§ 10 Responsibility for Content

The provider is not liable for the correctness, quality, completeness, reliability, nature and quality or credibility of the content posted by the customers. The published content does not represent an expression of opinion by the provider; in particular, the provider does not adopt the customers' content as its own.
According to the relevant legal regulations of the TMG, service providers are not obligated to monitor the information they transmit or store or to investigate without concrete evidence circumstances that indicate illegal activity. Liability towards third parties only comes into consideration if the provider has knowledge of the unlawful actions or information, if facts or circumstances indicating the unlawful action or information are known in the case of claims for damages, or if the provider has not acted promptly to remove the information or block access to it.
After being notified of corresponding legal violations by third parties, the provider will immediately take appropriate measures to prevent the violation in the future.

§ 11 Blocking of Content, Exclusion of Users

If there are concrete indications that a user is using the contractually provided storage space contrary to the provisions of § 7 of this contract for the distribution of illegal content, or if the published content infringes the rights of third parties, the provider is entitled to block access to this content via the World Wide Web by appropriate measures.
The provider is entitled to warn users in case of a violation of the conduct rules stated in § 7 and, after repeated violations, to permanently exclude them from using the service. The legitimate interests of those affected are taken into account, in particular the question of whether the user is at fault for the legal infringement.
If a user has been excluded from using the service, they are prohibited from re-registering for and using the provider's service, regardless of the name under which this occurs.
The possibility of criminal prosecution of legal violations is not affected by this. Within the framework of existing legal provisions, the provider is obligated to provide law enforcement authorities and courts with the necessary data for the purpose of criminal prosecution.

We treat your personal data confidentially and in accordance with the statutory data protection regulations. Customer data is not passed on to third parties without the express consent of the customer or only insofar as this is necessary for the execution and settlement of the contract.

§ 13 Choice of Law / Place of Jurisdiction

For contracts concluded on the basis of these General Terms and Conditions and for any claims arising therefrom of any kind, the law of the Federal Republic of Germany applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods, provided that this choice of law does not result in a consumer being deprived of the mandatory consumer protection regulations of their home country.
The exclusive place of jurisdiction for all disputes arising from this contract with merchants, legal entities under public law or special assets under public law is the registered office of the provider in Essen.

§ 14 Amendments to the General Terms and Conditions

The provider is entitled to amend the contractual terms and conditions in whole or in part at any time without stating reasons. The amended contractual terms and conditions are communicated to the customer with the changes highlighted. The customer may object to the amendment of the General Terms and Conditions within 3 weeks. The provider will separately notify the customer of the legal consequences at the beginning of the period.

§ 15 Final Provisions

If individual provisions of this contract are or become ineffective, the effectiveness of the contract shall otherwise remain unaffected.

Version: 15.07.2023

Terms & Conditions