The activities we perform are subject to a fee. The Hosting contract generally does not include any obligation to configure or install. In particular, it does not include consulting, hardware delivery or the provision of software. We do not promise or perform any legal review of content transmitted to us for hosting purposes. The contractual partner bears the risk for legal issues and inadequacies. In the event of a technical fault, the contractual partner is obliged to notify us immediately. We will then initiate fault remediation within the contractually agreed response time and inform the contractual partner once recovery is successful. If the fault report from the contractual partner is not comprehensible, we will inform them. Unless otherwise agreed, fault remediation work is subject to compensation.
To fulfill our service obligations, we are entitled to engage subcontractors as vicarious agents. We provide storage/web space to the contractual partner in accordance with the contractually agreed technical specifications. Provision takes place on one or more servers whose performance is also used by third parties, or on dedicated servers not available to third parties. Servers may be operated by third parties. The contractual partner is able to upload content to the provided storage/web space.
The server is connected to the internet to forward data stored on the server to requesting computers via the protocols common on the internet. Our activity is limited exclusively to data communication between the handover point to the internet and the server on which the storage/web space is provided. Any influence on data traffic beyond the handover point is excluded. Successful forwarding of information from or to the requesting computer is expressly not owed. We grant 99.99% server availability on annual average up to the handover to the internet. Excluded are times in which the corresponding servers are unreachable due to technical or other problems beyond our control such as force majeure, third-party fault, etc. We are entitled to interrupt server availability daily between 11:00 PM and 6:00 AM for maintenance. The contractual partner has no legal claim to use the server during maintenance. If a reduction, interruption or discontinuation of service occurs during use of the server during the maintenance period, the customer has no claim to defect liability or damages. We are entitled to adapt the hardware and software used for service provision to the current state of technology. We will inform the contractual partner about additional or changed requirements arising from such adaptation and resulting additional or changed requirements for content stored on the server. Within 6 weeks of receiving the notification, the contractual partner will decide whether the additional or changed requirements should be met and by when this should occur. If the contractual partner declares within those 6 weeks that they will adapt their content in time, we are entitled to terminate the contractual relationship effective at the changeover date.
The contractual partner receives access to the server as contractually agreed. For this purpose, the contractual partner is given a username and password with which they can independently store, modify, supplement and delete their websites via data transfer. The contractual partner is responsible for transferring their own websites to the server. The contractual partner is not entitled to use the server beyond the use permitted under the contract or to allow third parties to use it.
We provide email services for the contractual partner. These services include receiving, storing and transmitting emails addressed to the contractual partner as well as receiving, storing and transmitting emails the contractual partner wishes to send to recipients designated by them. Our duties are limited to receiving the emails to be transmitted by the contractual partner and handing them over to the internet at a handover point we provide. Accordingly, the service for emails addressed to the contractual partner consists of receiving the emails at the handover point and holding them ready for retrieval by the recipient. The storage/web space provided to the contractual partner is limited and contractually fixed. If incoming emails exceed the contractually agreed storage/web space, we are contractually obliged to reject these emails. In addition, emails are to be rejected if they exceed a contractually agreed size and/or contain viruses, trojans or malware and/or are mass-sent emails.
The contractual partner is not informed of rejection. They are entitled to delete emails when moved to the trash. After termination of the contractual relationship, there is no obligation to provide emails. We may delete emails without further notice. The contractual partner is obliged not to send advertising emails without the prior express consent of the addressee. This applies in particular to mass emails. In the event of a breach of duty by the contractual partner, we are entitled to block email sending. A violation entitles us to extraordinary termination of the contract.
