Service and Usage Agreement

Terms and Conditions (T&C – EGhosting.de) for Web Hosting, Servers, Domains, Software Rentals

1. Scope

1.1 These Terms and Conditions (T&C) apply to all contracts between EGhosting.de (hereinafter referred to as "Provider") and the customer (hereinafter referred to as "Customer") for the provision of web hosting services, servers, domains, software, and rentals.

1.2 Deviating terms and conditions of the Customer are not recognized unless the Provider expressly agrees to their validity in writing.

1.3 These T&C also apply to future business relationships, even if they are not expressly agreed upon again.

2. Conclusion of Contract

2.1 The contract is concluded by the acceptance of the Customer's application by the Provider. Acceptance can occur in writing, electronically, or by providing the services.

2.2 By using the services, the Customer confirms that they are of legal age and have legal capacity.

2.3 Offers from the Provider are subject to change and non-binding. Technical and other changes remain within the scope of the reasonable.

2.4 The Provider reserves the right to reject the Customer's application without providing reasons.

3. Scope of Services

3.1 The Provider shall provide the Customer with the contractually agreed services in the areas of web hosting, servers, domains, software, and rentals. The exact scope of services results from the respective service description at the time the contract is concluded.

3.2 The Provider reserves the right to adjust the scope of services to implement technical improvements or to meet legal requirements. Changes will be communicated to the Customer in a timely manner.

3.3 The Provider guarantees an annual average server availability of 99%. This excludes times when the servers are unavailable due to technical or other problems beyond the Provider's control (force majeure, fault of third parties, etc.).

3.4 The Provider generally provides the agreed services immediately after the contract is concluded. Delays may occur due to technical reasons or force majeure.

3.5 Additional services, such as domain registration, require cooperation with third parties. The Provider assumes no warranty or liability for their services.

4. Customer Obligations

4.1 The Customer is obliged to use the services provided properly and in accordance with legal regulations. The Customer may not misuse the provided resources, particularly by storing or disseminating content that violates applicable law or the rights of third parties.

4.2 The Customer must treat the access data to their services confidentially and protect them from third-party access. The Customer is liable for all activities carried out using their access data.

4.3 The Customer agrees not to post content that glorifies violence, is pornographic, racist, or otherwise unlawful. In case of violations, the Provider is entitled to delete the content and block access.

4.4 The Customer is obliged to make regular backups of their data. The Provider assumes no liability for data loss.

4.5 When renting physical devices or software, the Customer is required to handle the rental object with care and report any damages to the Provider immediately. The Customer is liable for damages caused by improper use.

4.6 The Customer must observe the recognized principles of data security when using the services and take measures to secure their systems.

5. Payment Terms

5.1 The amount of fees results from the valid price list at the time the contract is concluded. All prices are exclusive of the statutory VAT.

5.2 Invoicing occurs monthly in advance unless otherwise agreed. Payments are due immediately upon invoicing without deductions. The Customer is in default without further explanation by the Provider if they have not paid 30 days after the due date.

5.3 In case of default in payment, the Provider is entitled to charge default interest at the statutory rate and temporarily suspend the services. The Provider reserves the right to terminate the contract without notice in case of repeated default in payment.

5.4 The Customer is not entitled to offset claims against the Provider or assert a right of retention unless the counterclaim is undisputed or legally established.

5.5 The Provider reserves the right to adjust prices with appropriate notice of two months. In case of a price increase, the Customer has the right to terminate the contract in writing within two weeks after the notification of the price increase.

6. Availability and Liability

6.1 The Provider endeavors to ensure high availability of the offered services. However, uninterrupted availability cannot be guaranteed.

6.2 The Provider is only liable for damages caused by intentional or grossly negligent behavior by the Provider or its agents. For slight negligence, the Provider is only liable for the breach of essential contractual obligations whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the Customer regularly relies (cardinal obligations).

6.3 Liability is limited to the typically foreseeable damage. Liability for indirect damages, especially lost profits, exists only in cases of intent or gross negligence.

6.4 The above liability limitations do not apply in cases of injury to life, body, or health, fraudulent concealment of a defect, or assumption of a guarantee.

6.5 The Provider is not liable for damages caused by force majeure, wars, uprisings, strikes, lockouts, unrest, natural disasters, or similar events.

7. Data Protection

7.1 The Provider collects, processes, and uses the Customer's personal data only within the framework of the statutory provisions of data protection law.

7.2 The Customer agrees that their personal data may be used for contract fulfillment and customer care. The Customer has the right to object to this use at any time.

7.3 The Provider is committed to treating all Customer data confidentially and not disclosing it to third parties unless necessary for contract fulfillment or required by law.

7.4 The Provider takes appropriate technical and organizational measures to protect the Customer's personal data from loss, misuse, unauthorized access, and unauthorized disclosure.

7.5 The Customer has the right to request information about the personal data stored about them, their origin, recipients, and the purpose of storage at any time. Upon request, the Customer's data will be deleted or corrected, provided there are no statutory retention obligations.

8. Contract Duration and Termination

8.1 The contract term is either 12 months or can be concluded monthly, depending on the agreement in the contract.

8.2 The contract can be terminated by either party with a notice period of 30 days to the end of the minimum contract term. For monthly contracts, the contract can be terminated with a notice period of 30 days to the end of the month.

8.3 The right to extraordinary termination for good cause remains unaffected. A good cause exists, in particular, if the Customer repeatedly breaches essential contractual obligations or is in default of payment.

8.4 Terminations must be in writing.

8.5 Upon termination of the contractual relationship, the Customer is obliged to return or delete all documents and data received from the Provider immediately, provided there are no statutory retention obligations.

9. Final Provisions

9.1 Changes and additions to these T&C must be in writing. This also applies to the waiver of this written form requirement.

9.2 Should individual provisions of these T&C be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a provision that comes closest to the economic purpose of the invalid provision.

9.3 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction is the Provider's place of business, provided the Customer is a merchant, a legal entity under public law, or a special fund under public law.

9.4 The Provider is entitled to transfer the rights and obligations from this contract to a third party. The Customer will be informed in writing and has the right to terminate the contract without notice in such a case.

9.5 The Customer may only transfer rights and obligations from this contract to third parties with the prior written consent of the Provider.

10. Applicable Law, Jurisdiction