Acuerdo de uso de los servicios

§ 1. General
(1) These terms and conditions apply to all legal relationships of Lauser Media UG (limited liability), owner Lukas Lauser, Mörikestr. 23/1, in 71299 Wimsheim, hereinafter: “Webhosting”, towards its customers.
(2) Deviating customer regulations do not apply unless Webhosting has confirmed this in writing. Individual agreements between web hosting and the customer always have priority.
(3) The business relationships between Webhosting and the customers are subject to the law of the Federal Republic of Germany. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence. The validity of UN purchasing law is excluded.
(4) The customer can access, save and print out the order overview and these general terms and conditions. Furthermore, the contract text is not saved by the provider after the contract has been concluded and is therefore not accessible. The contract language is German.
(5) The place of jurisdiction is Pforzheim if the customer is a merchant or a legal entity under public law or a special fund under public law. The same applies if a customer does not have a general place of jurisdiction in Germany or the place of residence or habitual residence is not known at the time the action is filed.
(6) To the extent that the General Data Protection Regulation (GDPR) applies to the personal data entered or used by customers, the separate agreement on order processing is to be viewed as an integral part of these conditions. In the event of a contradiction between the order processing contract and these General Terms and Conditions, the provisions of the order processing contract take precedence. Order processing regulations must always be in writing or in an electronic format
(7) Consumers have the option of using alternative dispute resolution. The following link from the EU Commission (also called the OS platform) contains information about online dispute resolution and serves as a central contact point for the out-of-court settlement of disputes arising from online sales contracts or online service contracts: http://ec.europa .eu/consumers/odr.
(8) Obligation to provide information in accordance with the Consumer Dispute Settlement Act (§36 VSBG): Webhosting is neither willing nor obliged to participate in further dispute resolution proceedings before a consumer arbitration board.
§ 2 Subject of the service
(1) Through the website www.tl-hosting.com, Webhosting offers customers the provision of server storage space in Webhosting's server systems to operate a website and/or use email inboxes.
(2) The customer is entitled to freely use this storage space within the scope of the contractual purpose and in accordance with the following regulations. Unless otherwise agreed, the customer is responsible for uploading the data.
(3) Web hosting offers the use of the services in various tariffs. The details, in particular storage size, number of email addresses and combinability of the offers, are presented on the website.
(4) As an additional service, web hosting offers a paid online remote maintenance service (EDP service) upon request. Technical support services are not included in the offers and are charged separately.
(5) If web hosting provides additional services outside of the contractual agreement free of charge, these can be discontinued at any time. There is no claim to the continued existence of these services, nor are there any claims for reduction or compensation.
§ 3 Services and obligations of web hosting, availability of the service, maintenance work
(1) Webhosting provides the customer with storage space on any storage medium provided by Webhosting for use. Web hosting is entitled to make its physical server available to other customers. However, the storage space provided to the customer as part of the contract is separated so that it appears to third parties as an independent server (so-called virtual server). The content stored on the server is backed up daily on computers used as backup. There is no guarantee that data will be backed up successfully to the backup server.
(2) Data is uploaded to the virtual server via ftp.
(3) The customer receives access to the virtual server in order to independently save, change, add to or delete his websites and emails. For this purpose, web hosting assigns a user name and password.
(4) Web hosting undertakes to provide the connection and to make appropriate efforts to establish the connection to the Internet so that the virtual server can be addressed for incoming requestsand the customer's data can be accessed, and customer data can be stored if there are corresponding functions on the website. Web hosting points out that due to limited performance capacities and transmission speeds, trouble-free access to the Internet cannot be provided. Web hosting therefore assumes no obligation to ensure that a specific data transfer speed exists at all times.
(5) Access restrictions within the usual scope do not constitute a violation of Webhosting's obligation to provide services. Webhosting will immediately eliminate disruptions to its technical facilities within the scope of existing technical and operational possibilities. Necessary operational interruptions for preventive or necessary maintenance work will be announced as soon as they are known and as soon as possible.
§ 4 Domain
(1) If the procurement and maintenance of domain names is the subject of the contract, registration takes place at a suitable location freely selected by Webhosting as an approved registrar, intermediate registrar or directly. When procuring and/or maintaining Internet domains, Webhosting acts solely as an intermediary in the relationship between the customer and DENIC or another organization for domain allocation. The different top-level domains are managed by a variety of different, mostly national, organizations. Each of these domain issuing organizations has established different requirements for the registration and management of top-level domains, associated sub-level domains, and how to handle domain disputes. If top-level domains are the subject of the contract, the corresponding procurement conditions of the respective organization also apply. To the extent that .de domains are the subject of the contract, the DENIC domain conditions and the DENIC domain guidelines apply.
(2) Web hosting has no influence on the domain allocation of such places. Webhosting does not guarantee that the domains requested for the customer will be allocated at all and/or that allocated domains are free of third-party rights or will last in the long term.
(3) The customer guarantees that the domain requested by him does not infringe any rights of third parties. This applies in particular with regard to brand names, company and name rights as well as intellectual property rights. The customer further assures that the requested domain and/or its use does not violate any criminal and/or fine regulations or other legal regulations. The customer fully indemnifies Webhosting and other persons involved in the registration process and ongoing domain maintenance from third-party claims for compensation and all expenses that are based on the unauthorized use of a domain name by the customer or with the approval of the customer.
§ 5 Conclusion of contract
(1) The contract is concluded with the acceptance of the customer's order on the website through web hosting. Before ordering, the customer must register in the online shop and indicate whether they are a consumer or an entrepreneur. Price markings in the online shop do not constitute an offer in the legal sense. Before placing a binding order, the customer can continuously correct all entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the order is bindingly submitted and can also be corrected there using the usual keyboard and mouse functions. Webhosting is entitled to accept the offer made through the order within 2 days by sending an order confirmation. Receipt and acceptance of the order will be confirmed to the customer by email. With this confirmation, Webhosting also sends the contract text and these general terms and conditions, including the cancellation policy, to those customers who have registered as consumers.
(2) A customer also has the option of inquiring about a specific service via email from web hosting. After receiving such a request, Webhosting will make a separate offer to the customer by email. A contract is only concluded when the customer accepts this offer.
§ 6 Payment conditions
(1) Unless otherwise contractually agreed, the prices stated on the website apply to the services offered by Webhosting. These result from the current price overview.
(2) The applicable fees are due for immediate payment upon invoicing without deductions. Unless otherwise agreed, billing is based on the tariff ordered (according to the current price overview), but occurs at least quarterly, and annually for domains. The first month is calculated pro rata from the start of the contract, for each day1/30 of the monthly price will be charged.
(3) Line and communication costs (telephone charges) between the customer and the connection point to web hosting are to be borne by the customer.
(4) Unless expressly stated otherwise, the prices stated are gross, including the applicable sales tax.
(5) The remuneration must be paid within 10 days of the invoice being issued. The remuneration is paid in advance (at the customer's request by bank transfer or payment via PayPal).
(6) Webhosting is entitled to activate a domain only after payment of the fees agreed for registration.
(7) If a customer defaults on his payment obligations, Webhosting is entitled to demand interest on arrears amounting to 5 percentage points above the respective statutory base interest rate p.a. Webhosting reserves the right to assert further claims due to late payment. In particular, Webhosting is not obliged to provide further advance services if the customer has been in arrears with an amount equal to at least one monthly basic fee for at least four weeks.
(8) Webhosting always issues users an invoice, which they receive in text form (by email) with confirmation of the respective order.
§ 7 Term, termination of contract, termination
(1) The minimum contract term is 6 months. For booking domains it is one year.
(2) If the contract is concluded for a specific period of time or if a minimum contract term has been agreed with the customer, the contract will be extended by the agreed time or minimum term, but a maximum of one year if it is not given four weeks' notice before the respective expiry the specific time or expiry of the minimum contract term is terminated.
(3) After the minimum contract term has expired, the contractual relationship can be terminated by both parties with 30 days' notice to the end of the month.
(4) A contractual relationship that runs for an indefinite period can be terminated by either party without giving reasons with a notice period of 30 days to the end of the month.
(5) Different notice periods may apply to special and promotional offers (particularly offers with annual payment methods), which will be pointed out separately before the contract is concluded.
(6) Webhosting is entitled to release the customer's domain after termination of the contract. With this release at the latest, all of the customer's rights from the registration expire.
(7) After termination of the contract, any unused remuneration will be refunded to the customer on a pro-rata basis. All data will be blocked after termination or expiry of the service period and permanently deleted after 4 weeks. The customer is responsible for making backup copies of emails and website data, as well as for moving the server to another provider.
(8) The right to extraordinary termination for good cause remains unaffected.
(9) Terminations must be in writing to be effective.
§ 8 Retention rights
The customer is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
§ 9 Terms of use, duties and obligations of the customer
(1) The customer grants Webhosting the copyright reproduction rights and other authorizations for his data that are necessary to implement this contract.
(2) The customer guarantees that the data he provides to web hosting is correct and complete. He undertakes to inform Webhosting immediately of any changes to the data provided and, upon request from Webhosting, to confirm the current accuracy again within 15 days of receipt.
(3) The customer is obliged to use the web hosting services properly and appropriately. In particular, he is obliged to
a. not to misuse the access options to the web hosting services and to refrain from illegal and/or unlawful actions. In particular, the customer is prohibited from making unauthorized use of the services of other participants in the web hosting services, from making unauthorized use of services not agreed in the contract between Web Hosting and the customer, from using passwords, emails, files or similar from other participants in the web hosting services or the system operator, to read or change individual applications of licensed application software via the web hosting services without authorization, to interrupt or block communication services, for example through overloads, if this is the responsibility of the customer, and to distribute criminal content of any kind via services To distribute or make accessible web hosting. This applies in particular to pornographic content that glorifies violence or that goes against the free democratic basic order or the idea of international understandingand for propaganda means and symbols of unconstitutional parties and associations or their substitute organizations to obtain pornographic content for themselves or third parties that has the sexual abuse of children as their subject. The customer is also prohibited from sending mass emails or spam emails from a web hosting account to recipients without their express consent.
b. to ensure compliance with legal regulations and official requirements to the extent that these are currently or future relevant to the use of web hosting services;
c. to take into account and follow the applicable data protection regulations and the recognized principles of data security. The customer must check the legality of data uploaded from the Internet that is accessible to third parties at appropriate intervals. If the customer does not delete or block such data immediately, he must represent the content in relation to web hosting as his own data. The customer is also obliged to protect his computers and software with appropriate and up-to-date virus software. The customer will inform Webhosting immediately if there is evidence that unauthorized third parties know the access data/passwords;
d. to immediately report any defects or damage that are visible to web hosting (fault reports) and to take all measures that enable the defects or damage and their causes to be identified or to facilitate and accelerate the elimination of the fault;
e. after submitting a fault report to web hosting, to reimburse the expenses incurred by checking its facilities if and to the extent that it turns out after the check that a fault was within the customer's area of responsibility (outside the defined scope of the contract and services).
(4) If the customer violates the obligations mentioned in paragraph 3 lit. a) and b), Webhosting is entitled to terminate the contractual relationship without notice immediately and in other cases after an unsuccessful warning.
(5) In the cases of paragraph 3 lit. b), in addition to the right to terminate without notice, Webhosting is authorized to block access to the service resulting from the scope of services with immediate effect if it becomes aware of a violation by the customer in the manner described there.
(6) It is the customer's responsibility to make sufficient backup copies of his websites and other data. If the website transfers data from the users of its Internet offering to the customer or the customer otherwise has access to this data, the customer is responsible for regularly backing up this data, although data stored on the web hosting servers may not be stored on these as backups. The customer must carry out a complete data backup, in particular before starting any web hosting work or before installing any hardware or software supplied. The customer is expressly advised that even minor changes to the software can affect the functionality of the entire system. Data recovery through web hosting is subject to a fee; a separate agreement will be concluded for this.
(7) The customer is obliged to comply with the provisions of the provider identification in accordance with Section 5 TMG, as well as all other applicable provisions in the currently valid version.
§ 10 Use by third parties
Subletting the storage space to third parties, so-called reselling, is only permitted with the prior express written consent of Webhosting. In the event of agreement, the provisions of these General Terms and Conditions shall be imposed on the third party. The customer is responsible to Webhosting for compliance with these General Terms and Conditions by the third party in the same way as he himself would be responsible for compliance with them.
§ 11 Blocking of access through web hosting
Web hosting is entitled to temporarily interrupt the connection of the server to the Internet (blocking the website) if it becomes aware that the content posted is illegal or there is sufficient suspicion of illegality. There is sufficient suspicion of illegality in particular if web hosting receives a warning from the alleged injured party or otherwise a claim is made for an injunction due to the illegality of the content posted and the warning and/or the request for an injunction are not obviously unfounded. As far as possible, the customer must be heard beforehand, otherwise he must be informed immediately. The blocking must be limited to potentially illegal content, as far as this is technically possible and reasonable.
§ 12 Liability and indemnification obligation of the customer
(1) As soon as the customer becomes aware of a third-party violation of the law or has any indications thereofhe is obliged to inform Webhosting immediately. The customer undertakes to indemnify Webhosting from all claims that are raised against Webhosting in connection with the customer's use of Webhosting's services, in particular due to possible violations of the rights of third parties or legal regulations. Furthermore, the customer is obliged to pay for all other damages and expenses incurred by web hosting in connection with the customer's use of its services in violation of the contract or the law, in particular through the assertion of claims due to possible violations by third parties. The obligation to indemnify also includes, in particular, the obligation to exempt web hosting from necessary legal defense costs.
(2) The customer is liable for all consequences and disadvantages that arise from web hosting or third parties as a result of the misuse or illegal use of the web hosting services or as a result of the customer not fulfilling his other obligations.
§ 13 Liability for material and legal defects
(1) Web hosting guarantees the function of the server within the scope of the specifications stated in the contract. To the extent that web hosting provides the customer with storage space in its server systems, no-fault liability for initial defects is excluded. Otherwise, the warranty is based on the elimination of defects.
(2) If a significant disruption to the web hosting services lasts longer than a week and an actual downtime of more than one working day is reached, the customer is entitled to the monthly fees and charges from the time of occurrence until the disruption occurs to reduce the disability accordingly. A significant disability exists if:
a. the customer can no longer access the web hosting infrastructure for reasons for which the customer is not responsible or through third parties and can therefore no longer use the services listed in the contract and
b. the use of these services as a whole is significantly more difficult or the use of individual services listed in the contract becomes impossible or comparable restrictions exist.
(3) If services fail due to a disruption that is outside of Webhosting's area of responsibility, reduction is excluded. The same applies to the failure of services due to necessary operational interruptions (maintenance work) in accordance with Section 3 of the General Terms and Conditions.
(4) Webhosting is not responsible for the customer's data, in particular the proper functioning of the website within Webhosting's server and system environment. To the extent that the website places requirements on the server or the pre-installed software beyond the contractually agreed server configurations, it is the customer's responsibility to ensure that these requirements are met. Webhosting reserves the right to refuse to implement such requirements or to make them dependent on further technical changes, including costs for the customer.
(5) It is the customer's responsibility to immediately report any disruptions that may have occurred within Webhosting's area of responsibility and to support Webhosting in determining the causes and eliminating them to a reasonable extent, as well as taking all reasonable measures to prevent and mitigate damage to occur.
§ 14 Limitations of liability
(1) If telecommunications services are provided to the public on the basis of this contract (§3 No. 24 TKG), the provider has limited liability in accordance with §44a TKG.
(2) Outside the scope of § 44a TKG, web hosting is liable for material and legal defects in accordance with the statutory provisions.
(3) Apart from the liability according to paragraph 1 and outside of the liability for material and legal defects, Webhosting is liable without limitation if the cause of the damage is based on intent or gross negligence. Webhosting is also liable for the slightly negligent violation of essential obligations (obligations whose violation jeopardizes the achievement of the purpose of the contract) and for the violation of cardinal obligations (obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies) , but only for foreseeable, contract-typical damage. Webhosting is not liable for slightly negligent violations of other obligations.
(4) The limitations of liability in the preceding paragraph do not apply in the event of injury to life, body or health, for a defect after a guarantee has been given for the quality of the product and for defects that have been fraudulently concealed. Liability under the Product Liability Act remains unaffected.
(5) If the liability of Webhosting is excluded or limited, this also applies to the personal liability of its employees, representatives and vicarious agents.

§ 15 Confidentiality/data protection
(1) Webhosting treats any information it receives from the customer before and within the scope of the contract as confidential. Webhosting declares that its employees acting under this agreement have been bound to confidentiality.
(2) Webhosting collects, processes and uses personal data in accordance with its data protection declaration and within the framework of the legal provisions on data protection.
§ 16 Changes to the General Terms and Conditions
Webhosting reserves the right to change these General Terms and Conditions at any time and without giving reasons. The changed conditions will be sent to customers by email at least two weeks before they come into force. If a customer does not object to the validity of the new terms and conditions within four weeks of receiving the email, the changed terms and conditions are deemed to have been accepted. Webhosting will separately inform customers of the importance of this deadline in the email containing the changed terms of use.
Instructions on the right of withdrawal for distance selling contracts

Consumers have a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to either their commercial or independent professional activity:
Right of withdrawal
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reasons.
The cancellation period is fourteen days from the day the contract is concluded.
In order to exercise your right of withdrawal, you must inform us (______________, ________________________________, _____________________, __________________________, email ______________________) by means of a clear statement (e.g. a letter sent by post, fax or email) about your decision to withdraw from this contract. inform. You can use the attached sample cancellation form, although this is not mandatory.
In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
Consequences of revocation
If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for additional costs resulting from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.
If you have requested that the services begin during the cancellation period, you must pay us an appropriate amount corresponding to the proportion of the services already provided up to the point at which you inform us of your exercise of the right of cancellation with regard to this contract Comparison with the overall scope of services provided for in the contract.

Early expiry of the right of withdrawal
The right of withdrawal expires when we have provided the service in full and have only begun to carry out the service after you have given your express consent and at the same time confirmed your knowledge that you will lose your right of withdrawal if we have fully fulfilled the contract.

Sample cancellation form

If you want to cancel the contract, please fill out this form and send it back to:

_______________
________________

________________
E-mail address:________________

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
____________________________________________________________________
____________________________________________________________________

-        Ordered on (*)/received on (*):               _____________________________________
-        Name of consumer(s):                 _____________________________________
-        Address of the consumer(s):          _____________________________________

___________________________________________________
Signature of the consumer(s) (only for paper notification)

__________________
Date

(*) Delete what is not applicable.