General terms and conditions
1.1 These Terms and Conditions (GTC) govern the contractual relationship between the CDS SYSTEMS© GmbH & Co. KG (CDShosting belongs to CDS SYSTEMS© GmbH & Co. KG) with registered office in 94209 Regen and its customers. They are the basis of all goods and services from the CDS SYSTEMS© GmbH & Co. KG. Contractual relationships & Co. KG arise between customers and third party in connection with goods and services from the CDS SYSTEMS© GmbH, next subject to the terms of these third party (for example DENIC). Conditions of the customer that deviate from the present CDS SYSTEMS© GmbH & Co. KG or oppose them, do not apply, unless the CDS SYSTEMS© GmbH & Co. KG has agreed to their validity in writing. The validity of these Conditions is especially not excluded by the fact that the CDS SYSTEMS© GmbH & Co. KG supplies or services without reservation in knowledge of contrary or deviating terms of the customer. In the event that the parties agree on a contract, which has a reference to a third country, the customer agrees to comply with the applicable rules of that third country as well. The same applies if the customer for his website or its server using a software for their licensing it has agreed with the licensor the applicability of the law of a third country.
2. Formation of Contracts
2.1 A contract with the CDS SYSTEMS© GmbH & Co. KG comes tacitly if this undertakes fulfillment actions on a range of customers. Notes on goods and services from the CDS SYSTEMS© GmbH & Co. KG are intended as promotional offers, and are not binding. They are subject to change, if these can be objective reasons. Material reasons are, in particular fee increases of domain registries into consideration. Do these changes have a significant impact on customer calculation, this is to cancel or terminate the right, which he has at the latest within four weeks after the notification of change asserted.
3. Domain registration, cancellation, change of provider
3.1 On procuring and / or maintenance of domain names, the CDS SYSTEMS© GmbH & Co. KG is the relationship between the customer and the organization providing domain allocation ( “registrar”) only acts as a mediator. The different top level domains (for example .com) are managed by a variety of different, usually national organizations. Each organization which allocates domains has its own conditions for the registration and administration of domain names. In addition, therefore, apply the relevant respectively for to be registered domain name registration terms and policies, as in .de domain names DENIC registration conditions and the DENIC registration guidelines of DENIC E. G. These are part of the contract between the customer and the CDS SYSTEMS© GmbH & Co. KG. For the registration of other top-level domains are accordingly the conditions of the respective procurement agency that the CDS SYSTEMS© GmbH & Co. KG sends to the customer on request and also on the Internet at the respective procurement agency retrieved can.
3.2 The customer has the obligation to fill all needed domain registration data of the domain holder ( “OwnerC”) and the administrative contact ( “AdminC”) (as indicated). Irrespective of the relevant registration requirements such data must include the name, a summons mailing address (no PO boxes or anonymous address) and e-mail address and telephone number. The customer updates the data without delay of his customer menu or by notice to the CDS SYSTEMS© GmbH & Co. KG by post, fax or e-mail update.
3.3 The CDS SYSTEMS© GmbH & Co. KG is applying for the required contract closing of a domain from the competent registrar. The provider is entitled to activate a domain only after payment of the agreed fees for the registration. The CDS SYSTEMS© GmbH & Co. KG can not influence to the Registrar by the organization. The CDS SYSTEMS© GmbH undertakes no guarantee that the customer requested allocated and/or assigned domains are free of third party rights or permanently endure. The information provided by the CDS SYSTEMS© GmbH & Co. KG on whether a particular domain is still available, is made by the supplier due to third-party information and refers only to the time that information is requested if a CDS SYSTEMS © GmbH & Co. KG. Only with the registration of the domain for the customer and the registration in the database of the registrar, the domain is assigned to the customer.
3.4 The customer checked before applying for a domain that this domain does not violate any third party rights or violates the law. The customer confirms that he has fulfilled this obligation and that there were no indications of a violation of the law in this test.
3.5 The customer is at the respective procurement agency as OwnerC (owner of the domain) and AdminC (responsible operator of the website) entered.
3.6 A change in the requested domain after registering with the respective registrar is excluded. If a requested domain has already been awarded to the forwarding of the application to the Registrar otherwise, the customer can choose a different domain. The same applies if the previous provider rejects a provider switch. If certain domain names are terminated by the customer or due to binding decisions in domain name disputes, there is no claim of the customer to apply for a free replacement domain.
3.7 In the event of termination for optional additional domains will be no refund of the already paid domain fees, unless the termination by the CDS SYSTEMS© GmbH & Co. KG has been inflicted.
3.8 All registered through the provider domains the client can in accordance with these Conditions and the particular conditions of the awarding authority switch to another provider at any time, unless they sell or the switch of a provider for the necessary conditions and the corresponding top-level domain (eg .com) supports technical requirements. The Web package concerned contract (section 2.1) is not affected by such a change. In this respect, in any case, a notice of cancellation is required. All statements domains concerning particular domain cancellation, change of provider, domain cancellation must be written. If CDS SYSTEMS© GmbH & Co. KG agrees to the change of a provider (KK application) of the new provider or the customer has not accept in time, because the provider change has been prompted by the new provider or the customer has not fulfilled the agreements, eg wrong DENIC member of the consent of the provider switch, the provider is expressly to be entitled to the terminated domain to the cancellation of the contract in each procurement agency delete to leave ( “CLOSE”). The CDS SYSTEMS© GmbH & Co. KG reserves the right, only instead of giving KK applications if all undisputed pending claims have been settled until the contract expires the customer.
3.9 The customer is obliged to notify the CDS SYSTEMS© GmbH & Co. KG immediately if they lose, in case of the court, the rights to a registered domain or the competent registration authority a so-called DISPUTE.
3:10 The CDS SYSTEMS© GmbH & Co. KG is entitled to an update, concerning the technical handling of the domain name and including the update of name server entries or switch to other registry members of the relevant registries of top level domains.
4. IRC server
4.1 The CDS SYSTEMS© GmbH & Co. KG reserves the right server with IRC, especially computer with IRC-Shell and IRC services to take at any time from the operation or shut down if thereby directly or indirectly, or presumed to be the remaining operation is affected or likely to be. Damages and costs which are directly or indirectly caused by IRC e.g. by possible DoS attacks are invariably borne by the customer and provided to the customer. Furthermore, the CDS SYSTEMS© GmbH & Co. KG can demand a personal liability.
5. Obligations and customer obligations
5.1 The customer is forbidden to provide politically extreme or religiously fanatical and content that is not consistent with the free democratic constitutional system. Eroticism and pornography is explicitly permitted, as long as the corresponding law is obeyed (§184 StGB) and as long as the youth protection is guaranteed.
5.2 The criminal law, copyright trademarks, observe competition law, and compliance with civil law rules must be observed.
5.3 If contractual products subject to a limitation on the data transfer and storage volume, the customer agrees to pay for exceeding the volume costs after appropriate billing incurred.
5.4 Both us and the customer are obligated to keep the credentials consisting of user names and passwords confidential.
5.5 The customer receives the login information for the ordered by his offer usually within one business day. If the customer has not received access data after the specified period , he is obliged to consult CDS SYSTEMS© GmbH & Co. KG on the reason for the delay. The contractual relationship is not affected by the delay.
6. Breach of a duty
6.1 If the customer violates one mentioned point under 5.1 to 5.4 it is the duty of the omission to further infringement, incurred for the replacement of CDS SYSTEMS© GmbH & Co. KG damage and to indemnify and release from CDS© SYSTEMS GmbH & Co. KG of damages and compensation claims by third parties caused by the breach committed. This includes costs of legal prosecution. Other rights of the CDS SYSTEMS© GmbH & Co. KG, in particular to the blocking of content and of extraordinary termination shall remain unaffected.
7.1 The CDS SYSTEMS© GmbH guarantees availability of 99% per year. 1% of the time can be spend on monthly maintenance. For technical and other disorders that the sphere of influence of CDS SYSTEMS© GmbH & Co. KG, as disorders of the Internet infrastructure through national and international network operators, or those which have been caused by customer error, a liability of the CDS SYSTEMS © GmbH & Co. KG is excluded.
8. Electronic communications
8.1 The customer is aware that unencrypted electronic communication is not confidential in principle. He therefore assumes the risk of spying out of data by unauthorized persons when using this form of communication.
9.1 The customer is responsible for data protection itself, from CDS SYSTEMS© GmbH & Co. KG no backup is made (except for web hosting, SSL and reseller packages).
10. Payment obligation Payment
10.1 All goods and services are charged according to current price lists. The settlements are made monthly in advance. Deviations from this can be agreed. For server customers the payment is made by way of direct debit authorization procedure. Failure Payment of direct debits CDS SYSTEMS© GmbH & Co. KG raises a handling fee of € 15.00 per unredeemed debit.
11. Maturity, customer audit requirement, the customer reprimand
11.1 Bills of CDS SYSTEMS © GmbH & Co. KG are due immediately after billing date for payment. Instant is in the legal sense within 5 working days. The customer must reimburse all costs incurred by an uncashed or returned debit, unless the customer has proven to comply with the due diligence or the damage would have occurred even if compliance with this standard of care. In particular, in case of default interest at the rate of 10% annually for merchants and non-merchants, if they prove not much lower interest damage. The customer has to check the bills regularly. Objections to the amount of the invoiced usage-based charges have to arrive within four weeks and in written from the customer.
12.1 The CDS SYSTEMS © GmbH & Co. KG is entitled, after prior warning with a deadline to refuse the customer access to his data material if the deadline elapses fruitlessly. Also the restriction is a delay in payment for more than 4 weeks after the invoice date without notice possible. In case of blocking of the server is shut down or set the appropriate Web package or services. During the time of blocking users can not access the information offered by the customer. A reminder can be connected with the threat of blocking. During the period of closure of the customer remains obliged to provide compensation, since the data material the customer is still held by the CDS SYSTEMS © GmbH & Co. KG. In exigent circumstances, the prior notice may be waived. To block particular entitled
12.2 A breach of the duty of paragraph 5.1 to 5.4, or
12.3 The lack of timely payment of an invoice, or
12.4 a suspicion of illegality of the content of the data of the customer or the assertion of an infringement after the customer has been notified, or
12.5 the abusive use of the infrastructure. An abuse exists in particular if the customer
12.6 received unsolicited electronic commercial communications (spam), or
12.7 not requested electronic communications in the form of bulk mailing without advertising purposes transmitted (junk mail), or
12.8 under the respective contract software, such as scripts used that affects the performance of the infrastructure or may affect, or
12.9 the space provided uses mainly for the provision of download offers or uses system resources, including traffic in the fair-use principle again speaking manner. The blocking is maintained to prevent the adhesion of the CDS SYSTEMS© GmbH & Co. KG until the customer setting out the legality of the content or optionally proves. The same applies to investigations by the public prosecutor. Blocking is excluded only when obviously unfounded warnings of others.
12:10 For unblocking a blocked customer access the CDS SYSTEMS© GmbH & Co. KG is entitled to charge a handling fee of 5.00 euros.
12:11 As part of a disturbance of the normal operation of the CDS SYSTEMS© GmbH & Co. KG is entitled to access temporarily or permanently block without notice.
13. Termination of Contract
13.1 Cancellations must be made in writing via mail or fax. Ordinary or extraordinary notices do not affect contracts with third parties (for example, the domain registries).
14. Termination / Cancellation
14.1 Ordinary termination is a permanent contract, unless otherwise agreed, within a period of 6 months from each side at the end of the accounting period terminated. A fixed-term contract for one year at the earliest terminable expiry of this period with a period of three months of the contract. Agreements are automatically renewed by tacit agreement for a further period of the minimum term, if they are not canceled in time.
14.2 Extraordinary Termination The CDS SYSTEMS© GmbH & Co. KG is entitled to terminate the contract without notice if there is good cause. An important reason exists in particular if
14.2.1 the customer culpably violates the mentioned in paragraph 5.1 to 5.4 obligations, or
14.2.2 the customer is for two consecutive appointments with the payment of compensation or a significant proportion thereof in default or has come into a period which extends over more than two dates with the compensation of an amount in default, corresponding to the remuneration for two months and the customer is at fault this delay, or
14.2.3 the customer has culpably false information relating to the contract between the customer and the CDS SYSTEMS© GmbH & Co. KG as well as those to third parties in connection with goods and services of CDS SYSTEMS© GmbH & Co. KG between its customers and third-party arise, or
14.2.4 the customer uses the infrastructure to get ready to hold illegal content, even if they have not yet spread.
14.3 Termination for Cause after warning of extraordinary termination can take place under a deadline if the customer culpably violates the obligations referred to in clauses 5.1 to 5.4 and after that period the impugned conduct further maintains, after prior warning.
14.4 Cancellation of orders are only permitted as long as the order of CDS SYSTEMS© GmbH & Co. KG has not yet been executed. Cancellations can only be made in writing and must be of the CDS SYSTEMS© GmbH & Co. KG are confirmed for cancellations raises the CDS SYSTEMS© GmbH & Co. KG an administration fee of 10 euros. Should the bill for this cancellation not be paid within 5 business days, the obsolete canceled and the customer’s orders to the CDS SYSTEMS© GmbH & Co. KG are executed.
15. Liability of CDS SYSTEMS © GmbH & Co. KG
15.1 Any liability for initial defects of a thing that is left to the customer the CDS SYSTEMS© GmbH & Co. KG for use, is excluded. A liability for the allocation of a domain name is excluded. A liability for abuses resulting from the unauthorized use of user name and password of the customer is excluded, if the customer is at fault. In addition, the CDS SYSTEMS© GmbH & Co. KG is liable to be caused by gross negligence or intent on arising from the breach of cardinal obligations damage the CDS SYSTEMS© GmbH & Co. KG, its legal representatives and agents. Liability for promised features, personal injury and mandatory legal regulations remains unaffected. The amount by which liability for unforeseeable excess risks are excluded. The liability is limited to the typically foreseeable damage, but not exceeding € 5,000.
16. Confidentiality, Privacy
16.1 The contractor is herewith informed that the CDS SYSTEMS© GmbH & Co. KG, machined his address in machine-readable form and for tasks arising from the Treaty. Insofar as the CDS SYSTEMS© GmbH & Co. KG operated by third parties provide its services, the CDS SYSTEMS© GmbH & Co. KG is entitled to disclose the subscriber data, if this is necessary for ensuring the operation, for example, Domain registrations.
17. Change of Terms
17.1 The CDS SYSTEMS © GmbH & Co. KG has the right to change these Terms or supplement. not the customer contradicts the changed conditions within a period of four weeks after the notification of change, so to develop the new terms and conditions as announced for existing contractual relationships effectiveness. If the customer within the prescribed period, the CDS SYSTEMS© GmbH & Co. KG has the right to terminate the contract at the time on which the changed conditions should apply.
18. Final provisions
18.1 Place of performance is 94209 Regen, Germany. Exclusive jurisdiction for all requirements from and due to this contract, including check and actions on a bill, and all the parties resulting dispute over the formation, handling or termination of the contract – as far as the customer is a merchant, legal entity under public law, -legal special fund – is 94209 Regen. On this contract solely the law of the Federal Republic of Germany.
18.2 If any provision of this Agreement be or become invalid, this shall not affect the validity of the remaining provisions. In lieu of the invalid provision of the purpose of the agreement appropriate or at least close substitute provision, which would have been agreed by the parties to achieve the same economic result if they had known the invalidity of the provision. The same applies to the case of the incompleteness of the provisions.
© 2016 CDS SYSTEME GmbH & Co. KG [ ITK-Systemhaus ]