Terms and Conditions
The following terms and conditions of use apply without exception to the legal relationships between foyb und hostoo Vertriebsgesellschaft mbH (hereinafter referred to as hostoo) and the services offered, unless otherwise provided in individual cases has been agreed in writing. By using our services, the users accept these terms and conditions or terms of use. Without a such acknowledgement of the GTC or Terms of Use constitutes use of the services offered.
2. No warranty/liability for third-party content
hostoo assumes no warranty or liability for textual and/or pictorial and/or other content provided via third parties (e.g. hyperlink, e-mail, Forums, chat rooms) accessible via hostoo's websites are.
3. Waiver of claims for damages
By accessing the Internet pages or "downloading" and using .dem of data from hostoo's offerings, users waive any claims against hostoo arising from this process can. In particular, users waive claims due to any malfunctions on your computer in connection with the Use of hostoo's websites or services. Same applies to technical problems and computer malfunctions Online systems, servers, providers and computer accessories in Connection or as a result of the usage process.
4. Limitation of liability to intent and gross negligence
Insofar as contrary to the provisions under para. 2 and 3 If hostoo is required by law, hostoo shall only be liable for: losses caused by gross negligence or wilful misconduct, Damage etc. Liability for slight negligence is impossible. This also applies to one's own fault or fault. Organ fault and culpability of vicarious agents. One Liability for cases of force majeure is excluded. As far as the Liability of hostoo in accordance with the above provisions is excluded, it also applies to the personal liability of employees, workers, employees, representatives and vicarious agents of hostoo.
5. Prohibition of un lawful contributions
Users of hostoo's websites or services are prohibited from textual and/or pictorial information that violates existing laws or any other content on hostoo's websites. This applies in particular to criminal provisions offending or otherwise offensive, threatening, inciting hatred, Racist, obscene, pornographic or similar statements and content. It is also the case for the Users prohibited from uploading content to hostoo's websites to introduce commercial advertising for products or programs third-party providers or in an unauthorized manner copyright, trademark law or competition law use protected material of third parties. By using our services, the users accept these terms and conditions or terms of use. Without a such acknowledgement of the GTC or Terms of Use constitutes use of the services offered.
Users of hostoo's websites or services guarantee Compliance with the upcoming terms and conditions or terms of use and indemnify hostoo in this regard of all claims of third parties free.
7. Termination and contract terms
The contract shall be concluded for an indefinite period, but at least for the periods referred to in the respective offer specified minimum term. The customer can use the Contractual relationship at any time and without giving reasons to the end of the respective contract period, otherwise extended the contract is tacitly for a further contractual period. A termination of existing rental contracts must be made no later than four weeks before Expiry of the current contract period. If the customer does not Termination in due time, the contract term is extended by a further contract period. A termination must always be in writing, a transmission by post or fax is possible. Terminations by other means, especially by E-mail, cannot be considered. A termination is required always the legally valid signature of the customer. In addition, termination always requires the customer's customer or contract number, as otherwise terminations cannot be assigned beyond doubt.
Invoices are processed by advance bank transfer or direct debit. Payment is made in advance for each month. hostoo is entitled, if the contract is concluded for an indefinite period, to: increase/decrease prices at any time. The amendment will be effective if hostoo meets within 6 weeks of receipt of the corresponding change notification to the customer no objection of the customers. hostoo will notify the customer of the change on the opposition period and the consequences of failure to object indicate. hostoo is entitled to activate an ordered service only after to make payment of the fees agreed for capitalization. The costs incurred in the event of a chargeback are to be borne by the tenant and shall be added to his account.
Chargeback costs amount to 10 euros for a chargeback.
9. Duties and rights of the tenant
The age of majority is mandatory for the conclusion of the contract and if necessary, in an appropriate manner. foyb und hostoo Vertriebsgesellschaft mbH reserves the right to: In principle, information from a credit agency such as of the credit bureau, however, the customer will separately on this Indicate operation. The customer assures that the data provided by him is correct and are complete. He undertakes to inform hostoo immediately to inform about changes to the data communicated and to within 15 days of receipt of the reconfirm current accuracy. This concerns: especially Name and postal address of the customer Customer's e-mail address Customer's account details In the event of internal changes made by the customer, hostoo must immediately and, if necessary, specify a new contact person.
In accordance with § 33 BDSG, hostoo points out that personal data within the scope of of the execution of the contract. hostoo has the It is also pointed out that the data are used in the context of the Execution of the contract to the third parties involved in the activation can be transmitted.
hostoo expressly points out to the customer that data protection for Data transmissions in open networks, such as the Internet, according to the current state of the art, are not fully guaranteed can.
Should provisions of these General Terms and Conditions and/or the contract be or become invalid, this shall affect the the validity of the remaining provisions shall not. Rather, instead of each invalid provision is contrary to the purpose of the agreement corresponding or at least approaching replacement provision, as they the parties to achieve the same economic result would have agreed if they were aware of the invalidity of the provision Had. The same applies to incompleteness.
Guidelines for the responsible use of the hostoo network
("Acceptable Use Policy")
These guidelines are intended to show the actual user of hostoo's network under what conditions the use of the network as well as the use of Internet services in or via the hostoo network is. For the purposes of these Guidelines, the user is the actual user, not the client within the meaning of this contract, unless he is as well as actual users. The aim of this guide is to: the functionality of the network and those in this network operated Internet services both functionally and qualitatively and to encourage the user to behave responsibly in the Stop using the worldwide network Internet in order to in particular not to unreasonably impair third parties.
Any form of use of the network or operated in or over the network internet services such as WWW, e-mail, news, gopher, Telnet or SSH, may only be used within the framework of the applicable provisions of the German law, as well as within the framework of the contract contracted to the user of the services provided.
This means in particular that no content is sent via the hostoo network, may be received or disseminated which are punishable under criminal law Offences, such as incitement to hatred (§ 130 StGB), prohibited legal or left-wing extremist propaganda, personality rights Provisions such as insult, defamation and defamation (§§ 185-189 StGB) or distribution of pornographic writings (§ 184 StGB) or fulfil the rights of third parties such as name, personality, violated copyright, competition and trademark rights. To the same extent are the legal provisions on data protection and the protection of Respect the privacy of third parties.
In addition, hostoo's network may not be used for abusive purposes. become. .
Abusive is the use that undermines the integrity and performance of the Network or parts of the network and its dial-in points over the contractually agreed level. Abusive is also the use of the network for dissemination, loading or Publication of data that violates the rights of third parties or or the threat or uncertainty Serve third parties.
In this context, the user is not permitted to use the hostoo network and the services available on or over the network, or to provide information that is not intended for him. This also includes the misuse of the network for copying, listening to or intercepting e-mail messages or other Information that is not intended for the user.
Furthermore, the user must refrain from using the hostoo network to security precautions of a third-party computer or computer system, Bypassing the network or network access, gaining unlawful access to foreign computer systems ("cracking"), to carry out acts which contribute to the preparation of the unlawful provide access to a third-party computer system (e.g. port scans) or the performance of a computer, computer system or network In addition to the benefits normally granted, ("Denial of Service" attacks).
On server platforms operated in the hostoo network, only such content or Programs provided or such applications operated are operated, the publication or operation of which does not violates applicable German law or are abusive within the meaning of Section 1.
To the same extent as the content and programs stored on the servers, or Applications do not violate applicable German law, or may be abusive, is not permitted, content Third party, program or application through a linked notice (hyperlink) that violate applicable law or abusive within the meaning of Section 1.
If the user uses a server located in the hostoo network, the user has a to ensure publicly accessible services, the third party – in whatever form – via the offer of the User such content, programs or applications that are contrary to violate or abusive applicable German law, do not publish or link to it. .
The provision of pornographic content that does not is punishable only with express prior notice. hostoo's consent permitted. In any case, however, the user has to ensure that such or other persons harmful to young people Content is not made accessible to young people.
Post the content presented by the user via the hostoo network business offer according to §6 TDG, the user has with its contents, his name and address and as far as it the user is an association or group of persons acts, including the name and address of the authorized representative Specify. If the user's content is subject to further Labelling obligations (e.g. §6 Abs.2 MDStV), so the customer has These should also be observed.
Sending e-mails to persons who do not wish to receive such a message is to be omitted, in particular if the purpose of the sending of this e-mail consists of a single or a large number of Persons with unsolicited commercial advertising, political To confront statements or announcements of any kind. In the same way, the user has the right to send such and similar to refrain from messages to news groups, in particular the Sending such a message to a variety of newsgroups ("Cross-Posting"). Sending a variety of mails or Messages with the aim of improving the functionality of the e-mail or interfere with or suspend the recipient's news service ("mail bombing") is also to be omitted.
Changing or Falsifying information in the header of an e-mail or a news article is not permitted.
Every operator of an e-mail service in the hostoo network must ensure that does not allow anonymous sending of e-mails via its service or the service of third parties for sending messages
which are suitable for contravention of the present guidelines ("Foreign Relay").
Violations of the Terms of Use
Each user of the hostoo network has the above guidelines for his/her Usage to be noted. hostoo or the contractual partner of the user are entitled to request the User to comply with these rules. If there is a reasonable suspicion or if a user violates despite repeated requests to continue to violate the rules of this Guide, hostoo is entitled to grant this user access to the hostoo network or refuse services operated in it, or its Block or delete service offerings, especially if hostoo due to legal or official order to do so is committed. In the case of reasonable suspicion that a particularly if there is a serious violation, hostoo will refuse to Access to the network and the services operated in it or the Suspension or deletion of service offers without prior notice make.
In the event that, due to a breach of these Terms of Use, hostoo If damage occurs, the user must indemnify hostoo from all results of this breach resulting damages and claims of third parties.
If hostoo reports violations of the above guidelines, hostoo within the scope of its technical and operational possibilities identify the perpetrator of that infringement. The expenses for Determination of the identity of the user will be charged to hostoo at a flat rate of 50,- € unless hostoo incurs higher expenses which must be proven in individual cases.
hostoo reserves the right to revoke these guidelines in accordance with the statutory and review legal requirements and, if necessary, Adjust. The user will be informed of the changes to the terms of use. regularly informed. This obligation to provide information shall be fulfilled by Publication of the Guiding Rules on the hostoo website (http://www.hostoo.de) enough done.