Terms of Service (ToS)
Scope of services
The scope of services results from the current contract at the time of the order, as can be called up at www.hostingtime.de.
Start of contract, end of contract
The contract between the landlord and the customer only comes about when HostingTime accepts the customer application. The customer is notified of the acceptance of the contract by email and can be seen in the customer panel at www.hostingtime.de. Minors may not use the services offered by HostingTime without the consent of their legal guardians. For mutual security, the customer undertakes to correctly provide all the data required in the contract. The payment obligation arises between the customer and HostingTime at the latest on the day of activation and provision of services by HostingTime.
Both the customer and HostingTime can terminate the contractual relationship at any time and without giving any reason within the period specified on the contract. If the notice period is not specified, a notice period of two weeks at the end of the month applies. Late cancellations will be processed automatically at the end of the next month.
HostingTime can discontinue services free of charge or additional services free of charge at any time without notice. A notification by email is sufficient to notify the setting.
Termination on the part of the customer requires a corresponding request from the customer panel for the respective product to be effective. Alternatively, in writing by letter or fax. The termination must contain the customer's personal and customer data and must be signed by hand in order to be effective.
Performance obligations for the creation of websites, web hosting and digital learning media The company HostingTime guarantees an availability of its servers of 99.0% in annual mean. This does not apply to times when the server cannot be reached via the Internet due to technical or other problems that are outside the sphere of influence of HostingTime (force majeure, fault of third parties, etc.). HostingTime can restrict access to the services if the security of the network operation, the maintenance of the network integrity, in particular the avoidance of serious disruptions to the network, the software or stored data so require.
The customer can switch to another offer offered by HostingTime, if available and technically possible. A change to a cheaper offer is possible at the end of the prepaid period. The switch to an offer with a higher fee is possible at any time. The extended services will be provided as soon as possible. The higher fee is calculated from the date of the changeover.
HostingTime is also entitled to invoice or collect claims resulting from the change in offer. Credit notes are offset against future benefits. In the future, the notice period specified for the newly selected offer will apply as the notice period.
The right to terminate the contract without notice remains due to important reasons. An important reason is in particular in the event of serious or continued violations of the contractual regulations and if the contract cannot be fulfilled. In the event of termination for an important reason, HostingTime is entitled to deny access to the services provided immediately. In this case too, HostingTime can block and delete stored data or content without setting a deadline.
Support and communication
The normal way of communication is via mail (ticket system), in exceptional cases telephone or fax can also be used. Orders and order confirmations are always made in writing, usually by email. Support for setting up scripts, PERL / PHP, programming and the like are not included in normal support.
Please send complaints about incorrect services, technical support and other questions to email@example.com or to our postal address. Mails that cannot be delivered due to incorrect information do not release the customer from his obligations. HostingTime may pass on obligations and rights arising from this contract to third parties. If the customer does not object in writing within a period of 7 days, the transfer will take effect.
The prices stated in the price information are understood to be VAT-free. The prices applicable to the conclusion of the contract and publicly published on the website for the respective scope of services apply. Discounts and deductions must be in writing as well as changes, extensions or reductions based exclusively on written agreements.
The products provided by HostingTime are used at the applicable fees. This is either a flat monthly fee or a variable fee depending on the extent of the use of the offer.
Invoicing is done exclusively by email. The invoices will only be sent by post at the express request of the customer. The resulting costs are billed to the customer.
HostingTime reserves the right to change the fees at the beginning of a new billing period. Changed fees will be communicated to the customer at least four weeks before they come into force at the email address specified in the order. An increase in the fees gives the customer an extraordinary right to terminate the contract with a notice period of two weeks before the increase comes into force. Known increases in fees at the time of the order do not require separate notification and do not constitute a special right to terminate the contract.
The payment of the fees is principally made by bank transfer, paypal or Sofortüberweisung. The customer authorizes HostingTime, as specified in the contract, to collect any fees incurred through the customer's current account, insofar as agreed. The authorization also extends to subsequent and variable fees, other purchase prices and new bank details provided by the customer.
The customer is obliged to contact HostingTime in good time, i.e. at least 1 week before the start of the next billing period, to be informed by email. The customer is automatically in default 30 days after receipt of the invoice. From this point on, the outstanding claim is to be subject to 5% interest above the applicable base rate and the corresponding product must be blocked by HostingTime until receipt of payment. An amount of EUR 5.00 is agreed for each reminder letter.
If the customer pays by bank transfer, the ordered product will be activated at the earliest after payment of the first full installment. Payment must be made to the HostingTime account immediately after invoicing, at the latest within 5 days, unless a direct debit authorization has been issued. A payment is only considered to have been made when HostingTime can dispose of the amount.
The customer is also responsible for fees that other people, authorized or unauthorized, cause with their access data.
Furthermore, the company HostingTime reserves the right to pass on the corresponding claim to a debt collection company if the reminder is unsuccessful.
Service provision when loading credit
(1) The service provision (activation of the ordered credit) takes place immediately after the time of your payment instruction.
(2) After the withdrawal period has expired or the right of withdrawal for consumers has expired, no credit / remaining credit will be paid out. The loaded credit can only be used to book our Internet services.
Exclusion of use of self-created content or programs used
The users are prohibited from adding textual, graphic or other content to the landlord's program that violates existing laws. Likewise, users are prohibited from contributing content that uses third-party material that is protected by copyright, trademark law or competition law in an unauthorized manner.
The following uses are expressly excluded and lead to blocking of the respective access and / or termination of the contract without notice, whereby we reserve the right to assert claims for damages:
- Illegal, violent or inciting offers and content
- Pirated copies of all kinds and links to such content or offers
- Downloads of pirated copies via our servers
- Audio and / or video files without the author's permission
- Prohibited pornographic content
- Any form of sending mass emails
- Any form of unsolicited sending of emails for advertising purposes
- Any attempt to harm this system
- Any attempt to misuse the access
HostingTime reserves the right to block content or programs that may affect the control behavior or the security of the server, or to prevent their operation in individual cases.
It is generally prohibited for the customer to start servers or daemons that impair system security and can use the bandwidth excessively. Any exceptions will only be permitted after consultation with HostingTime.
Downloading or using so-called exploits, portscan, flood or DDoS programs, cracks and similar hacking programs is expressly forbidden via HostingTime's access. Should such programs be used nevertheless, the company HostingTime reserves the right to terminate the contract without giving reasons and to take legal action against the user. Any claims by third parties will be forwarded to the customer concerned.
HostingTime reserves the right to terminate processes that cause an above-average CPU load or that use an above-average amount of RAM. This does not apply to root or customer servers.
Customer responsibility for content
The customer is obliged to use the offers of HostingTime properly. The customer is responsible for all of his content, even if it has been published or produced by third parties via his account. The HostingTime company does not monitor or check the content.
HostingTime does not check the content of the customers to see whether third-party claims are justified or unauthorized. The customer agrees that access to the content created by him will be blocked until clarification in the event of claims by third parties. If the company HostingTime has to block, the customer is still liable for performance. The customer also keeps HostingTime free from claims by third parties as well as costs and adverse consequences.
The customer is aware that a separate agreement between the customer and GEMA (Society for Musical Performance and Mechanical Reproduction Rights) and GVL (Society for the Exploitation of Performance Rights) is required for the broadcast and / or publication of music that is subject to license and copyright and undertakes to conclude a corresponding agreement with the above-mentioned companies before the broadcast of music subject to license and copyright law begins.
The transmission quality (bit rate) is, as stated in the offers and the service description, limited to a maximum value for the radio stream offers. Within the agreed minimum and maximum bit rates, the customer is free to adjust the transmission quality according to his wishes. Using a higher than the agreed bit rate can lead to the access being switched off. The PLS format is agreed as the transmission format between the parties.
If a customer's bots / bouncers are linked to a botnet, the customer is responsible for the behavior of the entire botnet.
HostingTime is entitled to block IRCD accounts temporarily or permanently, provided that they are linked to IRC networks, the clear meaning of which is exclusively the exchange of pirated copies, so-called (warez).
Limitation of liability
HostingTime is only liable for damage caused by employees, their legal representatives or one of their vicarious agents through gross negligence or willful misconduct. The above limitation of liability concerns contractual as well as non-contractual claims of the customer against the provider. Liability under the Product Liability Act remains unaffected.
Die Firma HostingTime haftet nicht für die korrekte Funktion von Infrastrukturen oder übertragungswegen des Internets, die nicht im Verantwortungsbereich der Firma HostingTime oder deren Erfüllungsgehilfen liegen. Die maximale Haftung wird in jedem Fall auf das 1-fache des Auftragswertes beschränkt.
HostingTime is unable to check that all customer data provided when ordering are correct. In the event of deliberate misrepresentation of the customer data, the contract becomes null and void. A reimbursement of fees already paid will not be made and all data on the customer's account will be deleted immediately. This does not affect open claims of the HostingTime company towards the customer.
Waiver of claims for damages
By calling up the online offers of HostingTime or using the data from the offer of HostingTime, the users waive any claims against HostingTime that may arise from this process. In particular, the user waives any claims due to possible malfunctions on their computer (e.g. bugs, deletions, viruses, defects, theft, destruction, unauthorized access or change of data) as well as violation or damage to their other hardware or software in connection with the use the online offers and the services offered there. The same applies to any problems and malfunctions with computer systems, servers, providers or computer accessories in connection or as a result of the usage process.
No guarantee / liability for third-party content
The HostingTime company assumes no guarantee or liability for textual, visual or other content that is accessible through third parties (e.g. email, hyperlink, chat rooms, forum posts, subdomains) through the online offers of the HostingTime company.
Customer's duty of confidentiality
The customer is obliged to treat all passwords transmitted to him for the use and fulfillment of the contract as strictly confidential. If the passwords are used by third parties, the customer is obliged to bear all resulting costs or claims for damages. The customer explicitly releases HostingTime from claims that are claimed by third parties due to the violation of this obligation.
We are entitled to process all data relating to business relationships with customers in accordance with the Federal Data Protection Act. The company HostingTime points out in accordance with §33 BDSG that personal data are stored within the scope of the execution of the contract and, if necessary, are forwarded to the necessary cooperation partners, vicarious agents and service providers of the company HostingTime. Otherwise, personal data is only collected, processed or used if the customer consents to it or if a legal regulation allows it. The billing-relevant usage volume is recorded by the operator of the Internet infrastructure to the extent necessary and transmitted to the provider for billing purposes. The provider is authorized to permanently store such data relevant for billing.
HostingTime is free to use new or different technologies, systems, processes or standards to provide the services in the course of technical progress, as initially agreed when ordering, provided that this does not result in any disadvantages for the customer. HostingTime is entitled to commission third-party service providers and vicarious agents to provide parts or the entire range of services. HostingTime is entitled to change the Internet infrastructure used and the service providers and vicarious agents commissioned with the implementation at any time without separate notification, provided that this does not result in any disadvantages for the customer. The customer assures HostingTime that all of the data provided, in particular his name, address, telephone connections and bank details, have been provided correctly and completely. The customer is obliged to send changes to address details, account details or email addresses immediately by letter; Report mail or fax to HostingTime. The access data must also be specified here. Financial damage caused by data not communicated in time will be fully charged to the customer by HostingTime.
Unless otherwise requested, the customer is not entitled to his own IP address, his own physical server for his content or a bandwidth that is assigned to him. The operation is carried out to reduce costs on powerful servers with an appropriate number of IP addresses for the server and a total bandwidth available for the server. This can cause fluctuations in the bandwidth actually available to the customer.
Additional provisions, place of performance, place of jurisdiction
Should a provision of the contract be ineffective or should the contract be incomplete, the remaining content of the contract will not be affected. The ineffective clause shall be replaced by a clause that economically comes closest to the meaning and purpose of the ineffective clause. The same applies to any gaps in the contract.
The current terms and conditions always apply, also for all future contracts. Should the General Terms and Conditions of HostingTime be changed, the new regulations will be legally incorporated into all subsequent legal transactions 14 days after their publication on the online offers of HostingTime, unless the customer declares his reasoned objection to HostingTime in writing within this period .
The company headquarters of HostingTime is agreed as the place of performance for all mutual services owed from the contract, including possible reimbursement claims. In business dealings with traders who do not belong to §4 HGB and with legal entities under public law, all legal disputes arising from the contract, including bills of exchange and check suits, are agreed as the place of business of HostingTime. We are nevertheless entitled to sue at the customer's registered office. German law applies to cross-border delivery traffic.
Right of withdrawal
You can cancel your contract declaration within 14 days without giving reasons in text form (e.g. letter, fax, email) or if the thing is left to you before the deadline also by returning the thing. The period begins after receipt of this instruction in text form, however not before receipt of the goods by the recipient (for the recurring delivery of similar goods not before receipt of the first partial delivery), in the case of services not before the conclusion of a contract and also not in total before fulfilling our information obligations in accordance with Article 246 § 2 in conjunction with Section 1 Paragraphs 1 and 2 EGBGB and our obligations under Section 312g Paragraph 1 Sentence 1 BGB in conjunction with Article 246 Section 3 EGBGB.
To meet the cancellation deadline, it is sufficient to send the cancellation or the item in good time. The revocation must be sent to:
PoKo UG (haftungsbeschränkt)
Chief Executive Officer: Dennis Gluska
Stuttgarter Straße 10
70469 Stuttgart (Germany)
Telefax: +49 7056 77 212 12
Consequences of withdrawal
1.) In the event of an effective cancellation, the services received on both sides must be returned and any benefits drawn (e.g. interest) must be surrendered. If you are unable to return the received performance and use (e.g. benefits of use) or only partially or only in a deteriorated condition, you may have to compensate us for the value. You only have to pay compensation for the deterioration of the item and for the use made, insofar as the use or the deterioration can be attributed to handling the item that goes beyond checking the properties and functionality. Checking the properties and functionality means testing and trying out the respective goods, as is possible and customary in a retail store. Transportable items are to be returned at our risk. You have to bear the regular costs of the return if the delivered goods correspond to the ordered ones and if the price of the item to be returned does not exceed an amount of 40 euros or if you do not receive the consideration or a higher price of the item at the time of the cancellation have made a contractually agreed partial payment. Otherwise, the return is free for you. Items that cannot be sent as parcels will be picked up from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your cancellation or the goods, for us with their receipt.
2.) When providing services, the revocation may mean that you nevertheless have to fulfill the contractual payment obligations for the period up to the revocation. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your cancellation or the goods, for us with their receipt.
1.) When providing services, your right of withdrawal expires prematurely if, at your express request, the contract is fulfilled in full by both parties before you have exercised your right of withdrawal. The right of withdrawal is excluded in accordance with § 312d Paragraph 4 No. 1 BGB with the software activation at your request and with sending the necessary data to us.
2.) The European online dispute resolution platform (OS platform) will be provided by the EU Commission via the portal (Your Europe) (http://europa.eu/youreurope/citizens/index_de.htm) be accessible..