POLICIES
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1st
AlbHosting (Provider) makes available the customers during the contract
running time on their InterNet servers storage capacities in the order
of magnitude of the offer ordered in each case. The Provider holds the
data and contents ready in the kind, stored by the customer on the
account, durably to the call for third InterNet users, so that these
have entrance to the data and contents of an individually selected place
over the connection between the InterNet server and the net of the
InterNet as part of the public or at an individually selected time. The
Provider does not owe however the successful call by InterNet users in
individual cases. The Provider is however responsible for the fact that
a net including the interface, operated by it, to nets third are durable
in such a condition that third InterNet users have entrance to the made
available data and contents. 2. The customer is obligated to the payment
of the agreed upon Entgelder.
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1.
With the Provider concerning locked contractual relations the product
Domain is subject to the conditions defined with the order. All
achievements for Domains exclusively take place on basis of these
general trading conditions. 2. The Provider recognizes the trading
conditions of customers not on, it is, it takes place an express written
explanation of the Anerkenntnisses. 3. The Provider is entitled to
change contents of the contract as well as the general trading
conditions with agreement of the customer. The agreement for contract
modification is considered as given, if the customer does not contradict
the change within two weeks after publication of the change. 4. On
future business of the parties the AGB in at the time of the conclusion
of a deal the valid version application finds. 5. As far as the customer
orders or along-orders products of third offerers over the Provider,
this and are subject their conditions and general trading conditions
justify contractual relations with the respective third offerer.
Warranty claims are to be made valid against these offerers. The
Provider commits itself to communicate the exact contact contacts to the
customer on demand.
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1.
For the order has to indicate the customer in principle all it to
contact contacts concerned correctly. This applies in particular to
manufacturing ones, which according to the principles § 6
Teledienstesgesetz are obligated the designation of their enterprise to
indicate. Costs, which the Provider develops due to the indication of
wrong names and designations, go debited to the customer. 2. The
Provider is entitled to accept the request of the customer for
conclusion of the contract within one period of 21 working-days. 3. The
contract comes off with the first fulfilment action, usually the
transmittal of the entrance data.
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4. Achievements of the Provider
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1.
The Provider furnishes or by third achievements in accordance with
condition of the performance published in the InterNet at the time of
the order. The Provider furnishes special services after arrangement.
These are computed after expenditure of time with firm hourly rates.
Additionally the Provider charges for own expenditures. 2. Usually the
Provider holds the data and contents ready in the kind, stored by the
customers on the account, durably for third InterNet users that these
have entrance to the data and contents of an individually selected place
and an individually selected time as part of the public. The Provider
does not owe however the successful call by InterNet users in individual
cases. It is responsible for the fact that of their claimant net
including the interface to nets third in such a condition it are that
third InterNet users have entrance to the data and contents made
available by the customers. 3. The Provider ensures an accessibility of
the account of at least 99 % in the annual average. Times, in those the
account due to technical or other problems, are of it excluded those
outside of the sphere of influence of the Providers are appropriate
(higher force, being to blame for third etc..) over the InterNet to
reach is not. 4. The Provider is entitled to limit the entrance to the
achievements if maintenance work requires this. In the offers of the
Provider a fixed volume at data transfer is contained, which depends on
the offer at present the order. Beyond this transfer volume going
Traffic charges for the Provider separately. The customer is entitled to
give to the Provider by written letter a monthly maximum limit at data
transfer which can be completed over the account. If this maximum limit
is reached, further data transfer is no longer possible in the
appropriate accounting period. 5. The transfer volume contains all
different kinds of data transfer. The Web traffic is accounted for in
MT. For the computation of the data transfer volume 1 GB 1,000 MT
corresponds, to 1 MT 1,000 KB and 1 KB 1,000 byte. 6. The customer
selects one at this time of the valid tariffs with the order of the
offer. The customer can change from a lower to a higher tariff. A change
from a higher to a lower tariff is not possible. If no deviating
regulation is met, a transfer volume of two gigabyte per month is
contained in the tariff. 7. The customer does not have a requirement on
its own IP address. It has likewise no requirement on a physical server
or one it dedicates assigned range. Fluctuations in that the customer
provided range are possible.
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5. Obligations of the customer
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1.
It insures the customer that those are the Provider communicated data
correct and complete. 2. The customer is obligated to indicate to the
Provider immediately if his E-Mail address indicated for the calculation
receipt changes or it wishes accounting in the future to another E-Mail
address. The customer is likewise obligates to the Provider to indicate,
if his calculation and/or living address changes. 3. The customer is
obligated to query those been received in E-Mail p.o. boxes messages at
the latest after four weeks. The Provider reserves itself the right, for
more than 150 days in the p.o. box messages present to delete as well as
with reaching the capacity border of the p.o. boxes detailed messages
back to send. 4. The Provider puts to the customer an interface at the
disposal, with which this over the InterNet can administer his account.
This entrance is protected by a password. The customer is obligated to
keep this password secret. It commits itself to inform further, the
Provider immediately, if it attains from the fact knowledge that the
password admits unauthorized third is. As far as third use the
achievements of the Provider due to being to blame for the customer, the
customer of the Providers clings for this. 5. The customer is obligated
to secure its data and contents after each change. Beyond that a safety
device of all data must take place on from the Provider provided account
in the distance from seven days. The backup copies may not be stored on
the server of the Provider. Conveys the customer data to the Provider is
obligated it to likewise reproach from these copies. If the Provider
makes work on the individual account or the server, the customer before
beginning of the work has to accomplish a data protection. The customer
is obligated also before the new installation from programs to the
safety device of its data. 6. The customer commits itself to operate on
the account no programs which affect the efficiency of the server as
well as the function of the other accounts present at the server. If the
Provider tightens an obligation injury, or it such is to that extent
announced, she is justified to close the account immediately. 7. The
customer commits itself if necessary to make in the programs provided by
the Provider no changes which go beyond the attitudes offered by the
program. The customer expressly it is pointed out that already slight
changes in the software can affect the function of the entire system. If
the customer makes such changes nevertheless, the Provider of the
adhesion becomes free. The customer is obligated to examine each program
before start-up for his fitness to the use intended by the customer.
This applies in particular with a commercial use of the account. 8. It
is forbidden to the customer dispatching or dispatch letting Spam
enamels. If the Provider determines an offence, or it such is to that
extent announced, she is justified to close the account immediately. 9.
If the customer hurts his contract obligations designated above with the
consequence that the Provider closes the account, the customer remains
nevertheless obligated to the achievement. 10. The customer is
responsible for the made available data and contents. It releases the
Provider in the interior relationship of requirements third, which are
made valid due to these data and contents.
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1. The Provider places its achievements monthly in advance in
calculation. The payment repays effected via transfer. The rendering of
invoice takes place in time before the transfer. 2. The customer
avowedly its agreement, with it that the rendering of invoice takes
place exclusively by E-Mail. The dispatch of the calculation happens to
the E-Mail address indicated for the order. Does the customer wish an
invoicing on the post office way, does compute the Provider for this
2,50? per calculation, and/or the amount proven in the current in each
case price list. 3. Unique one repays, in particular the set UP fee as
well as the fees for Webtraffic and purchase prices for additional
products, after developing the demand or before supply by calculation is
communicated directly. 4. The customer is also for repays, who third
caused unauthorized over its account, responsible. The burden of proof
is incumbent on it for the fact that it does not have to represent a
developing of the costs. 5. The customer is obligates his calculations
in time to transferring. For reminders the Provider computes a fee at a
value of? 10, -. 6. the Provider keeps itself changes repays forwards.
These are in time published and communicated the customers. Increases
repay justify a right for the extraordinary notice of the contract with
one period of two weeks starting from publication of the change. When
ordering well-known changes repay as well as running out action prices
justify the right for extraordinary notice not.
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1.
The customer receives a not exclusive right from the Provider for the
currency of the contract for the use of the programs provided by the
Provider. The term program covers the original program, all duplications
as well as parts of the program, even if these are connected with other
programs. 2. The customer commits itself to guarantee that the license
agreements are kept. The customer may use programs only on a computer,
it is, it exists deviating written agreements. 3. The royalties can
after the number of users, who resources or a combination of both are
computed. As far as that is steered access to a program by a license
management program, copies may be provided and stored on all machines,
be stood under control of this program. The use may not exceed the total
number of the permissible users or resources. 4. The customer may
provide backup copies of the programs. The customer may not change or
remove copyright notices. The customer is not entitled to work on the
program in other way than using intended to copy to transfer, into
another style to convert or another way translate, if such is not
express or legally permitted. To the assignment of sublicenses it is not
entitled. 5. All rights to use end with the notice of the contract. The
customer is obligated to return after contract end all data media with
programs, possible copies as well as all written documentations
immediately. The customer is obligated to delete all stored programs
from its computer system to. Contractual Nebenpflichten exists beyond a
notice of the contract away. For each case of the offence against the
license conditions a contractual penalty is at a value of 6.000,00€
abbedungen.
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8. Duration of the contractual relation notice |
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1.
The contract begins with supply of the account. The customer is informed
concerning this by a E-Mail, which contains its entrance data. The
contract is closed on indefinite time. 2. The contract can be quit from
both sides with one period of six months. The notice must take place on
the part of the customer via written letter. The entrance proof is
incumbent on the customer. It does not require an indication of reasons
for the notice. The right for cancellation without notice for important
reason remains unaffected by it. As important reason for the notice of
the contract by the Provider is considered in particular: offence
customers against legal prohibitions, in particular injury copyright,
competition-legal, named-legal or data security-legal regulations, which
publication of extremistic, racistic contents on the account of the
customer as well as linking of the account on such contents of, a
payment in arrear according to the height of a monthly rent, if this is
not after a charge back within five working-days, in detail with the
Provider, balanced, the preceding point a comparable concerning arrears
the Setupfee, if the customer on the account of programs operates, which
affect the function of the server or the accounts of the others on the
server hosted customer, the continuation from contract offences to
warning by the Provider, making available Downloads in disproportionate
Range, the opening of the insolvency procedure or the refusal of the
opening of an insolvency procedure for lack of mass over the fortune of
the customer, if fundamental changes of the technical standards make it
unreasonable the Provider to furnish it achievements totally or partly.
3. The Provider is entitled, the account after a charge back as well as
after obligation injuries by the customer, whom the Provider entitles to
a notice of the contractual relation, without closing advance notice
immediately. For the unblocking it computes a fee of 39,00? and/or in
the height, which results from the current in each case price list. The
fee must be received before the unblocking with the Provider. 4. As far
as a cancellation without notice was not to blame for by the Provider,
no requirement on refunding of paid payment exists. This applies both
concerning the main achievements and because of separable individual
performances or ordered additional achievements. 5. After a notice
becomes in advance paid payment for of the Provider offered or obtained
achievements or services, whose payment intervals did not run off with
the notice yet from the Provider not refunded.
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9. Rights third, forbade contents |
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1.
The customer assures that the data and contents deposited by him do not
offend against legal prohibitions, in particular against copyright,
competition-legal, named-legal or data security-legal regulations. 2. It
is forbidden to the customer to publish on its account extremistic,
racistic, erotic or pornographic contents as well as other contents,
which offend against the good customs. It is beyond that forbidden to
the customer to manufacture or keep linking, which refer upright to such
contents. Forbidden are also banners with contents specified above. 3.
It is forbidden to the customer to dispatch over its account mass enamel
or to permit a dispatching of such enamels. 4. The Provider is entitled
to close the account without advance notice if it determines or receives
by third the report that the customer offends against the prohibitions
of the paragraphs 1 to 3. The Provider is beyond that justified under
the circumstances designated above to quit the contract without notice.
5. The customer is obligated to mark the deposited data so that the
author or for contents responsible person and its address are clearly
ascertainable. 6. Commercial customers commit themselves, in the case of
a Counteract against the paragraphs 1 to 3 through renouncement of the
objection of the continuation connection, for each case of the offence
to the payment of a contractual penalty at a value of 7000,00€ to the
Provider.
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1.
As far as the subject of the achievements of the Providers is also
providing and/or care of Internet domains, it becomes active opposite
DENIC or internal IC or another organization the domain award only than
mediator. By contracts with such organizations excluding the customer
one entitles and one obligates. The Provider cares for the registered
Domains on basis of the valid in each case guidelines of the DENIC
during the duration of the contractual relation. The parties are ready
to adapt the contractual relation accordingly if these guidelines
change. For other Domain type (com, fr, net, etc..) find the assignment
guidelines responsible in each case registration place application. 2.
The Provider announces the Domains in the name and order of the
customer. The customer is registered as an authorized user of the
Domain. The Provider is registered as "tech C". The storage of the
owner-referred data takes place after the guidelines of the DENIC. The
registration of Domains, which against in § 9 Abs, is forbidden. 1 and 2
prohibitions mentioned offends. 3. The Provider does not have influence
on the domain award. She takes over therefore no guarantee for the fact
that the Domains requested for the customer is freely of rights third or
singular or in the long term existence has. This applies also to Sub
domains. The customer assures that the Domain requested by him does not
hurt rights third. 4. By the Provider on behalf of the customer if
registered Domains is deleted or quit due to the decision in a law case,
no requirement insists against the Provider on requesting a replacement
domain. 5. If the customer should be requested by third side to give a
Internet domain up because it hurts allegedly strange right, it will
inform of it immediately the Provider. 6. The Provider is entitled to do
in the name of the customer without the Internet domain if the customer
not immediately security for any process and lawyer costs in sufficient
height (at least 8,500.00?) places. The customer places the Provider of
claims third, which are based on the inadmissible use of a Domain,
freely. 7. One refers the Provider to an alleged injury of rights third,
it is entitled to place (dispute procedures) and it immediately close
the Domain into the care of the respective Registrars. 8. Is if existing
Domains, which is cared for by another offerer, in the future by the
Provider to be cared for, this will try to accomplish the change of
registration. The customer it is well-known that for a successful Change
of registration the co-operation of the past offerer is necessary. If
this co-operation is missing, the Provider cannot carry guarantee out
for a successful assumption. 9. The Provider is entitled to release the
Domain of the customer after completion of the contractual relation.
With the release all rights from the registration expire. 10. If the
customer would like to use the registered Domain after contract end over
another offerer further, it has to indicate this the Provider in time
before contract end. The Provider will give the release free of charge,
if payment arrears of the customer do not exist.
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1.
The customer agrees with the fact that personal data, which concern its
use behavior, which are stored duration of the connections, entrance
passwords, UP and Downloads of the Provider during the duration of the
contractual relation, as far as this is necessary for accounting
purposes for the fulfilment of the contract purpose, in particular. The
customer explains his agreement with storage. The Provider can use the
raised data also for the consultation of their customers, for
advertisement and for market study for own purposes and for the
organization meeting demand of its telecommunication service
achievements. The customer can contradict such a use of his data. 2. The
Provider is obligated, the customer on demands at any time on the stored
volume of data, as far as it concerns it, to give completely and free of
charge information. The Provider will pass these data on just as few on
as their contents without agreement of the customer third. Cases are of
it excluded, in to reveal which the Provider is legally obligated, in
particular national places as well as other information-entitled, these
data. 3. The Provider points out the customers expressly that the data
security for data communication in open nets cannot being ensured like
to the InterNet after the present conditions of the technology
comprehensively. The customer it is well-known that the Provider can at
any time see the data and contents from technical view, stored on the
account. This is also if necessary possible third. Of the security of
his data and contents the customer therefore takes care.
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12. Limitation of liability |
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1.
The Provider is responsible for damage only, if they or their executing
aides hurt roughly negligently or deliberately a substantial contract
obligation. If the culpable injury does not take place roughly
negligently or deliberately, the adhesion is limited to the damage,
which was reasonably foreseeable at the time of conclusion of the
contract. The adhesion because of easily negligent injury of life, body,
health as well as due to laws remains unaffected. 2. The adhesion is
after the height limited to the respective monthly payment, at the most
however on the average contract value of two years. The joint and
several liability for each customer is on 1.000,00 € limited. 3. The
Provider is not responsible for the correct function of the Internets,
as far as she lies outside of her area of responsibility, if not an
adhesion after Abs. 1 and 2 is given. 4. The adhesion regulation 7 Abs.
remains unaffected for 2 TKV (Telecommunications customer protection
VO).
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13. Applicable right, area of jurisdiction |
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1.
On with the Provider closed contracts German right application finds. 2.
If the customer is a buyer, the courts responsible for the seat of the
Provider are exclusively responsible. The Provider is beyond that
justified to sue the customer at its living or business seat.
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1.
The Provider is entitled to assign third and executing aides the
contribution of their contractual obligations. It is beyond that
justified to use for the contribution of the achievements newer and/or
other systems and procedures than they were first contractual item, as
far as from this no disadvantages develop for the customer. 2. A sales
of individual divisions or a partner change does not justify a special
right to give notice. 3. The right is entitled to the customer to quit
with a contract assumption the contract. 4. The customer is only for
set-off also recognized or validly determined demands against the
Provider entitled.
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1.
Changes and additions of the present Treaty apply then only if they were
agreed upon written. This applies also to a change of this writing
clause. 2. All explanations of the Provider can be addressed on
electronic way to the customers. 3. If a determination of the present
Treaty should be ineffective or will or if the contract should contain a
fill out-needy gap, then this does not affect the effectiveness of the
remaining regulations. To the place the ineffective regulation or the
gap steps the economic purpose of the agreement close a coming
regulation, which would have been agreed upon by the parties, if they
had known the inefficacy of the regulation.
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1.
As far as the customer is consumer, the closed contract can within two
weeks starting from entrance of a notification of acceptance or after
supply of the achievement by appropriate report to the BSB service GmbH,
represent by the managing director olive drift houses, Leyboldstr. 10,
50354 Huerth, to be recalled. The revocation does not have to contain
reason and is in text form to be explained. For period keeping the
punctual sending off is sufficient. 2. The right of revocation expires,
if the Provider began with the execution of the service with express
agreement of the consumer before end of the period of revocation or the
consumer arranged these.
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AGBs of the company Albhosting. Prishtine, Adress:
Dardania Su3/2 Internet Caffe Lis@Net.
Telephone: +377/44/136-651
+381/38/558-853 |
