TERMS and CONDITIONS
General Terms and Conditions and Mandatory Information
ALL-INKL.COM – Neue Medien Münnich
(as at 26 June 2024)
1 CONTRACTUAL PARTNERS, SCOPE OF APPLICATION, AMENDMENTS TO THE TERMS AND CONDITIONS
1.1 These General Terms and Conditions ("GTC") govern the contractual relationship between ALL- INKL.COM - Neue Medien Münnich, owner: René Münnich, Hauptstraße 68, D-02742 Friedersdorf (hereinafter also referred to as "NMM") and its customers regarding the provision of digital products (digital content, digital services). NMM can be contacted at the general telephone number +49 35872 35310 and the general e-mail address info@all-inkl.com.
1.2 Insofar as the term "customer(s)" is used below, this refers to both consumers within the meaning of Section 13 BGB and entrepreneurs within the meaning of Section 14 BGB.
1.3 If the customers of NMM are consumers, special consumer rights also apply to these customers (consumer customers) in the context of distance selling and electronic commerce. The statutory cancellation policy and the statutory cancellation form are reproduced in these GTC.
1.4 These GTC are supplemented by the "Terms of Use for the Web Construction Kit” in the event that the customer can and wishes to use the Web Construction Kit in their web hosting package. It is not possible to activate the web construction kit without including the terms of use. Activation takes place under the menu item "Additional options". The "Terms of Use for the Web Construction Kit" can also be viewed there. Upon conclusion of the contract, the additional "Contractual conditions for order processing in the web hosting contract".
1.5 Terms and conditions of the customer that deviate in whole or in part from these GTC and the supplementary terms and conditions in accordance with section 1.4 shall not become part of the contract unless NMM has given its consent in text form (e.g. by letter, fax or e-mail). The GTC of NMM also apply exclusively if services are provided by NMM without reservation in the knowledge of conflicting terms and conditions of the customer.
1.6 These GTC also contain information that NMM is required to provide by law (mandatory information). This applies in particular to information relating to the conclusion of contracts outside business premises, the use of means of distance communication or the implementation of electronic business transactions. Section 6 also contains information relating to the complaints management system set up at NMM with regard to any unlawful content or unlawful information provided by users of NMM's services and stored by NMM on behalf of these users.
1.7 These GTC may be amended insofar as this is necessary to adapt to developments that were not foreseeable when the contract was concluded and which NMM did not cause or cannot influence and whose non-consideration would disturb the balance of the contractual relationship to a not insignificant extent and insofar as this does not affect essential provisions of the contractual relationship. Essential provisions are those concerning the type and scope of the contractually agreed services and the term, including the provisions on cancellation. Furthermore, these GTC may be amended insofar as this is necessary to eliminate not insignificant difficulties in the fulfilment of the contract due to loopholes that have arisen after the conclusion of the contract. This may be the case in particular if the case law on the validity of provisions of these GTC changes, if one or more provisions of these GTC are declared invalid by the courts or if a change in the law leads to the invalidity of one or more provisions of these GTC. The above provisions on amendments and additions to these GTC apply accordingly to the supplementary General Terms and Conditions of NMM.
1.8 Changes to NMM's terms and conditions or the services in accordance with section 1.7 must be made in text form and the customer will be notified in text form at least four weeks before they are scheduled to take effect. In the event of changes that are not exclusively in the customer's favour, the customer has the right to terminate the contract in text form without observing a notice period at the time the changes take effect. The customer will be specifically informed of this in the notification of change.
2 SUBJECT MATTER OF THE CONTRACT
2.1 General
2.1.1 The main features of the deliveries and services to be ordered by the customer in electronic business transactions, in particular the provision of digital products (digital content, digital services), can be found in the descriptions of the web hosting packages or web hosting tariffs (service descriptions) on the website and in the "Order overview" field in the electronic ordering process. These are standard products. Further service contents can be agreed between the customer and NMM by means of individual communication.
2.1.2 The respective service description or price list at the time the order is placed shall be authoritative for the customer. This service description shall take precedence over the services or functionalities described below (2.2. to 2.8.) in the event of inconsistencies.
2.1.3 NMM uses hardware and software to provide its services. NMM operates server hardware in data centres in Germany.
2.1.4 NMM is authorised to provide the services through third parties.
2.1.5 The customer may only transfer the rights and obligations arising from the contract with NMM to a third party with the prior consent of NMM in text form. NMM is also entitled to demand the written form between the transferor and the transferee for a change of contractual partner (entry of a third party in place of the customer).
2.1.6 Sections 2.2 to 2.8 below briefly describe the services and functionalities included as standard in the web hosting packages (web hosting tariffs). The service contents described in detail on the website apply. Upon conclusion of the web hosting contract, the customer can activate or use the digital products or services described in the service description in whole or in part in accordance with these GTC and the supplementary terms and conditions.
2.2 Webhosting, Server
2.2.1 For the duration of the contract, NMM provides the customer with a web hosting package or web hosting tariff for use on a web server connected to the Internet (virtual web server, "shared server"). This takes place via NMM's technical infrastructure. The web hosting package enables the customer to store (possibly personal) information, maintain and manage it and transfer this information electronically to and from these data storage facilities. The web hosting package enables the customer to have an Internet presence by providing (publishing) content and services and the retrieval of this content and services of the customer by third parties. The customer is solely responsible for creating, storing, maintaining and deleting the content on the storage spaces provided by NMM in accordance with the contract. In special server tariffs, which can only be used by one customer at a time, NMM manages and monitors the web server ("managed server").
2.2.2 Via a software installation programme ("Software Installer"), NMM enables the customer to install and use a selection of open source software programmes provided on its storage space. The customer receives the non-exclusive right, limited to the term of the contract, to use the software functionalities associated with the use of the web server in accordance with these GTC and the licence terms of the respective software provider. The customer shall not receive any further rights.
2.2.3 With his web hosting package or web hosting tariff, the customer receives free storage space (web space) on NMM's servers for storing his own content. The storage space can be dynamically expanded by the customer for a fee with most packages or tariffs (tariff change).
2.2.4 NMM enables the customer to set up customised scripts for various scripting languages. NMM does not promise that all functionalities of the scripting languages can be used. NMM expressly reserves the right to restrict the use of customer scripts that lead to an above-average server load or malfunctions.
2.3 Mailboxes
2.3.1 Using a domain, the customer can create mailboxes to receive or send e-mails. Access to the mailbox is possible with standard e-mail clients using the POP3 (Post Office Protocol, version 3) and IMAP4 (Internet Message Access Protocol, version 4) protocols. At the same time, the customer can manage the e-mails under a domain via a web browser (webmail service).
2.3.2 The customer can select and use anti-spam applications (filters) preconfigured by NMM to block spam emails (unwanted electronic mail). The filter differentiates between spam and non-spam e-mails. The procedure selected by NMM does not allow any conclusions to be drawn about the actual text content of the e-mails. Despite constant updating and improvement of the spam filter, NMM cannot guarantee the correct differentiation of emails into spam and non-spam emails.
2.3.3 If outgoing e-mails from the customer are classified as spam, NMM may refuse to send the respective e-mail. NMM is also authorised to block the customer's mailbox from sending emails. The customer will be informed of the block. The customer can change the spam protection settings for incoming emails via the web mail service, but not for outgoing emails.
2.3.4 Mailbox virus protection automatically checks all incoming emails in the customer's mailbox, including all file attachments, for known malicious code such as viruses, worms and Trojans. Despite regular updating of the mailbox virus protection, it cannot provide absolute protection against all types of viruses.
2.3.5 The mailboxes have extensive functionalities. NMM expressly reserves the right to change or adapt the mail software in the event of technical developments.
2.4 Domain service
2.4.1 NMM handles the registration or ordering of various top-level domains ("end abbreviations" in the domain name) for the customer, which are administered by a large number of different, mostly national organisations ("domain registries" or "registries"). NMM applies for the desired domain for the customer, if the domain has not yet been assigned (registered), merely as an intermediary on behalf of the customer for registration with the domain registry. NMM submits all necessary declarations to the domain registry on behalf of the customer. In these cases, the registration contract is concluded between the customer and the domain registry. For each of the different domains, the domain registries have their own terms and conditions for registration and administration (also referred to as "Domain Allocation Terms and Conditions", also "Registration Conditions" or "Registration Guidelines"). NMM has no influence on these domain allocation conditions. They regulate the contract mediated by NMM as they are designed when the domain is registered. In addition to these General Terms and Conditions of NMM, the relevant domain allocation conditions for the domain to be registered, which are published and kept up to date on the NMM website, therefore apply. A separate contractual relationship is established between the domain registrar and the customer for each domain name and brokered by NMM.
2.4.2 NMM does not guarantee that the domain requested and ordered by the customer will be allocated and/or that the allocated domain, whose name the customer chooses, is free from third-party rights or will be permanently available. Information in the order form that a particular domain is still available is only provided on the basis of a database query and only relates to the time at which NMM obtains the information. The domain is only allocated to the customer when the domain is actually registered for the customer and entered in the registry's database. Because NMM is not itself a domain registry, NMM has no influence on the allocation by the respective domain registry.
2.4.3 The TLD may be subject to special registration conditions and/or previously unknown restrictions. NMM cannot guarantee that these conditions will be met by the customer and may therefore not be authorised to register the domain name on behalf of the customer due to the conditions mentioned. If a domain applied for by NMM for the customer at the customer's request has already been assigned elsewhere by the time the application is received by the domain registry, or if the domain registry rejects the registration, the customer may choose another domain name; the same applies if the previous provider rejects the change of provider in the event of a change of web hosting provider. Alternatively, the customer can cancel the web hosting contract without notice.
2.4.4 NMM is authorised to activate a domain only after payment of the agreed fees.
2.4.5 NMM arranges for certain information about the domain managed for the customer to be entered into the "Whois" directory. The "Whois" database is not operated by NMM. NMM also has no influence on which information is displayed to which enquirer in a Whois query.
2.4.6 As a rule, text form is sufficient for all contractual declarations relating to domains (e.g. cancellation of the domain registration contract, change of provider, deletion of the domain). NMM may require the customer to provide the form required by the domain allocation conditions of the domain allocation centre.
2.4.7 In accordance with the relevant registration conditions, NMM is involved in any change of the customer to another web hosting provider or domain provider ("domain transfer").
2.4.8 NMM is not obliged to check whether the use of a domain by the customer is lawful. In the event of obvious legal violations, NMM may refuse to broker the registration.
2.5 Certificate service
2.5.1 NMM provides Let's-Encrypt certificates so that the customer can encrypt data traffic between the browser and web server quickly and easily by activating HTTPS (SSL/TLS). Let's-Encrypt is a free, automated and open certification authority. These certificates are offered free of charge by the non-profit certification centre Internet Security Research Group. As a mere intermediary, NMM has no influence on the issuance of certificates, the duration of subscription and the maintenance of the free status.
2.5.2 NMM provides the customer with validated certificates for various purposes for which a fee is charged so that the customer can encrypt their website (domain) with a validated certificate. Validated certificates confirm via an issuing authority that the respective domain and the certificate form a unit and that the domain holder has verified himself to the issuing authority. As a mere intermediary, NMM has no influence on the issuance of the certificate or the period of validity.
2.6 Website and web construction kit
2.6.1 The creation of a web construction kit enables the customer or the user authorised by him to create his own website in a simple way without programming knowledge using design templates from NMM. The customer can publish this website on the Internet via NMM's technical infrastructure services under the customer's domain and the storage space used by NMM. Access to the website is optimised for both PC and smartphone or tablet computers.
2.6.2 The customer receives the non-exclusive right, limited in time to the term of the web hosting contract or server contract, to use the software associated with the web construction kit with all programmed display functionalities. The customer does not receive any further rights.
2.6.3 The use of the web construction kit is subject to the "Terms of Use Web Construction Kit". These supplement these GTC in the event that the customer can and wishes to use the web construction kit in his web hosting package.
2.6.4 The customer is obliged to label any website that he has stored by NMM and makes accessible to third parties via NMM's servers as his own content, stating his full name and address, or to transparently label a third party as the person responsible, who also assumes responsibility for the website. This is independent of a statutory labelling obligation, e.g. in the event that digital services are offered under German law. The customer shall indemnify NMM against all claims based on a breach of the aforementioned obligations.
2.6.5 If there is no legally binding labelling as to who is responsible for the website that the customer provides or has provided via his contract with NMM, or if this is incorrect, in particular due to deception about the existence of the named responsible company and/or the named responsible person, NMM is entitled to disclose the customer's name and postal address to the person who, as a result of illegal content on the website concerned, can credibly demonstrate a legitimate interest in the disclosure to NMM. In such cases, NMM must have a legitimate interest in the disclosure of customer data that outweighs the interests of the customer. NMM is also authorised to block access to the website and does not lose the right to payment of the fee in this respect. As a rule, NMM will consult the customer via the e-mail contact on file before taking the aforementioned measures.
2.7 Customer service/support
2.7.1 At NMM, customer service is set up as telephone user support (telephone support). The language used here is German. The customer service answers customer questions about their contracts and accounts and about the use of the agreed services by providing advice and support. If necessary, customer service is also provided by sending e-mails (e-mail support).
2.7.2 NMM will agree a separate fee with the customer if the customer requires planning work or monitoring services or technical interventions in programmed software or codes.
2.7.3 The customer service availability times are published on the NMM website. Customers can find a question/answer section (FAQ) on the NMM website for many general questions that have already arisen.
2.7.4 Customer service does not provide legal advice in individual cases, i.e. it does not provide information or advice in specific third-party matters of the customer. In particular, the customer must obtain information outside the services provided by NMM on the question of whether the customer provides illegal content or information via the publication of a website that NMM stores on its behalf or whether and how the customer is legally obliged to maintain a provider identification.
2.8 Administration/ User administration
2.8.1 NMM maintains separate access areas for the customer with the MembersArea (MA) and the Customer Administration System (KAS), which the customer can manage (administer) individually. The customer can grant third parties, e.g. an administrator or other users, access rights and consequently usage options based on the resulting technical possibilities. These third parties are then authorised users of MA and/or KAS. Authorised users have various rights (roles). Rights are granted exclusively by the customer or its administrator. Authorised user rights can be changed or withdrawn by the customer at any time.
2.8.2 The actions of authorised users may incur costs for the customer, which may be charged to the customer by NMM because their actions or omissions are attributable to the customer. Authorisation of third parties by the customer is therefore a matter of trust. The customer should familiarise authorised users with the subject matter of the web hosting contract concluded and with these GTC and the supplementary terms and conditions
3 CONCLUSION OF THE CONTRACT, RIGHT OF CANCELLATION FOR CONSUMERS
3.1 The contract for a webhosting package in the selected webhosting tariff is generally concluded in electronic business transactions – online – for the webhosting, server and domain services offered via the NMM website by the customer ordering the services offered there without obligation by NMM in a system provided on the website by NMM and NMM accepting the customer's order by means of an order confirmation. The terms of payment, delivery and service are based on the web hosting package selected by the customer and are otherwise derived from these GTC, which become part of the customer's contractual declaration as part of the ordering process and the validity of which the customer must agree to. The current GTC are published on the website. With the order confirmation, the customer receives the order overview with the selected tariff, the GTC, which are included in the conclusion of the contract at the time of receipt of the order confirmation, as well as the cancellation form for consumers as a PDF. The customer can save these documents in reproducible form at any time. There are no delivery restrictions, unless the domain ordered by the customer cannot be procured by NMM from the domain registry; NMM will inform the customer as soon as possible if this is the case in order to procure an alternative domain if necessary.
3.2 The following technical steps lead to the conclusion of a contract when ordering web hosting packages in electronic business transactions: The customer selects a web hosting package (or a web hosting tariff) described on the website. The "Order" window opens with various tabs of an order form for data input, namely domain, data, payment, order overview. First enter the "desired domain". A technical check will be carried out immediately to see whether this is still available. However, this does not mean that it can be successfully transferred. If the customer wishes to switch to NMM with an existing domain, he can start the procedure with "Continue without domain". The same is possible if the customer wishes to order without selecting a domain. After entering personal data about the contractual partner and choosing a customer password, the customer can request an activation code to be sent to a mobile phone number or to their postal address. 0After entering the bank details for issuing a SEPA direct debit mandate to NMM and entering the e-mail address for receiving invoices, the customer can see all the details he has entered for the product and the prices for it in the "Order overview". The customer must agree to the inclusion of the GTC and, as a consumer customer, must expressly request that NMM begin providing the services before the expiry of the 14-day right of cancellation to which the customer is entitled in accordance with Section 312g (BGB) from the date of conclusion of the contract (conclusion of the contract) and confirm his knowledge that his right of cancellation only expires upon complete fulfilment of the contract by NMM. If the customer does not make any corrections to his order, clicking on the button "order with obligation to pay" leads to the sending of a binding contract offer to NMM for the customer. The customer immediately receives an order confirmation on the website and the order confirmation as well as the GTC and a cancellation form by means of an order confirmation email. The acceptance of the contract offer ("order confirmation") by NMM takes place by means of a further e-mail. The contract is concluded upon receipt of the order confirmation by the customer. The customer then has an "account" with a customer number. The "account" must be activated by the customer using an activation code sent by SMS or letter. Only German language can be used for the conclusion of the contract.
3.3 Every entry made by the customer is visible in the input screen and can be corrected within the respective order step. The customer can always move forwards and backwards in the order to make corrections. Occasionally, the customer receives the prompt "Check your entries in the marked fields" if entries are implausible or missing.
3.4 The customer is bound to his order (binding offer) for services in accordance with section 3.1 for a period of two days.
3.5 NMM provides its services as soon as the contract has been concluded and the domain ordered by the customer has been activated. The term of the contract concluded upon receipt of the order confirmation by the customer in response to their order only begins when the customer's access (account) is activated.
3.6 Access to the contract text: NMM does not create a contract text for the services that NMM provides or makes available for use on the basis of orders. After the contract is concluded, NMM saves the order as well as the order confirmation and contract acceptance (order confirmation). The customer can see what he has ordered in the order overview created by NMM before placing the order. The customer can print out this order overview and download it to the device they are using. The customer receives confirmation of the concluded service contract and the General Terms and Conditions on which the contract is based as a PDF document when the order confirmation is sent. In the MembersArea (MA), the customer can access the order overview under the heading "Contract management" / "Tariff details" to view the webhosting package (or webhosting tariff) on which your contract is based and its features. Under the heading "Master data" / "Order processing", the customer can view the electronically concluded order processing contract and download it to their end device.
3.7 Right of cancellation for consumers
Consumer customers have a statutory right of cancellation with regard to NMM's services in accordance with Section 312g (1) BGB. NMM provides information on this with the statutory cancellation policy and the statutory cancellation form as follows:
3.7.1 Cancellation policy
Cancellation policy
Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the date of conclusion of the contract. To exercise your right of cancellation, you must send us a notification to
ALL-INKL.COM – Neue Medien Münnich
- Owner René Münnich -
Hauptstraße 68, D-02742 Friedersdorf
Tel: +49 35872 35310
E-Mail: info@all-inkl.com
declaring your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached sample cancellation form, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of cancellation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.
If you have requested that the services should commence during the cancellation period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time at which you inform us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.
3.7.2 Cancellation form
Sample cancellation form
(If you wish to cancel the contract, please complete and return this form).
To ALL-INKL.COM – Neue Medien Münnich
- Owner René Münnich -
Hauptstraße 68, D-02742 Friedersdorf
I/we * hereby cancel 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 the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for notification on paper)
Date
* Delete as appropriate.
3.7.3 In the event that the consumer has expressly requested in his order that NMM's (service) performance should begin before the expiry of the 14-day right of cancellation to which the consumer is entitled in accordance with Section 312g (4) BGB from the day of conclusion of the contract (conclusion of the contract) and he has confirmed to NMM his knowledge that his right of cancellation will then only expire upon complete provision of the service by NMM (legal consequence of Section 356 (4) No. 2 BGB), the following applies: The consumer must pay NMM a reasonable amount corresponding to the proportion of the services already provided by the time he informs NMM of the exercise of the right of cancellation with regard to this contract. 4 No. 2 BGB) applies: The consumer must pay NMM a reasonable amount corresponding to the proportion of the services already provided by the time he informs NMM of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.
3.7.4 NMM reserves the right not to accept an order in individual cases for reasons of contractual freedom (see section 9).
3.8 Identification of the customer, authentication
3.8.1 With the establishment of the contractual relationship in electronic commerce, it is generally not necessary for a user to authenticate himself as a customer with regard to the information provided by him in the ordering process (name and address) and to allow his identity or that of the company to be established if the customer is not to become a customer as a consumer.
3.8.2 NMM may request from the company and/or person designated as the customer in the MembersArea (MA) at any time, and subsequently if incorrect data is suspected or at reasonable intervals after the first verification, that the customer proves his identity using procedures that NMM deems appropriate. This also includes the current address. As part of this authentication, a company or person provides proof that it is who it claims to be. NMM will regularly request authentication if contractual partners are to change or if a person requests information. Until the end of the authentication process, NMM may refuse to process a request from the customer or a third party. The means of authenticating a person can be the presentation of an identity document, if necessary, by presenting a copy in accordance with legal requirements, or the Postident procedure.
3.8.3 If a customer or the user authorised by the customer wishes to log in to the customer account, authentication is carried out using a user name and password (MembersArea: using MA password, customer administration system: using KAS password). NMM offers 2-factor authentication, usually via an additional authentication code, e.g. via SMS.
3.8.4 As a rule, NMM will require persons who make use of support services, in particular contact by telephone, to prove their identity using procedures that NMM deems appropriate, unless the support request concerns topics of a general nature that can take place without communication regarding information from the customer account.
4 DUTIES AND OBLIGATIONS OF THE CUSTOMER, PROHIBITIONS, COMMUNICATION
4.1 The customer is obliged to provide complete and correct, i.e. truthful, information on which his contract and the use of NMM's services are based and which is required for this purpose. This applies in particular to information in input fields provided by NMM. The obligation to provide truthful information applies in particular to information on the company name, if the customer is a company or comparable institution, first name and surname, street and house number, postcode, town and country, telephone and e-mail address as well as bank details for the purposes of the SEPA direct debit mandate. The customer shall immediately correct or update any changes to the information provided by the customer. In particular, the customer is obliged to keep the contact addresses (e.g. e-mail address) provided to NMM up to date. If the customer breaches the obligation to provide complete and correct information, NMM is entitled to refuse to provide the service and/or to terminate the contractual relationship with immediate effect.
4.2 The customer is obliged to provide NMM with a functional e-mail address for contractual communication, which is legally assigned to the customer. If NMM provides the customer with a mailbox for use on the storage space provided to him, the customer is obliged to check the mailbox regularly for new messages posted here by NMM, even if NMM informs the customer of the posting of a message by e-mail or in any other way. NMM may send information and declarations relating to the contractual relationship with the customer to the customer's e-mail address stored in the customer account. NMM is not obliged to contact the customer via the postal address provided. The customer is responsible for providing an e-mail address as a contact address that does not belong to the domains that NMM manages for the customer. Otherwise, NMM will not be able to inform the customer in the event of a block, as the entire domain may be blocked, which is also used for the e-mail addresses that NMM manages for the customer.
4.3 The customer receives a one-time password with the order confirmation if he has not already chosen or suggested a password when placing the order. NMM provides 2-factor authentication. The customer must keep the password protected against unauthorised access by third parties. For security reasons, the customer should change their passwords when they first use their customer access (account) and at regular intervals thereafter. If there is reason to suspect that unauthorised persons have gained knowledge of the access data, the customer must change it immediately. Access data should only be stored by the customer in encrypted form on electronic storage media (e.g. PC, USB stick and CD ROM).
4.4 If a password is entered incorrectly several times, this can lead to the customer's user options being blocked for protection.
4.5 Backup obligation of the customer: The customer's own information and content stored on the storage spaces provided by NMM must be backed up at regular intervals by the customer on his own storage media outside the services (storage spaces) of NMM. In particular, the customer must regularly back up his own information and content in mailboxes activated by the customer on local computers. The customer is also required to back up his own information and content independently. This applies in particular - also for the purposes of any tax or other legal obligation of the customer to preserve data - to emails in the mailboxes provided by NMM in accordance with the contract. "Own information and content" is data storage that is first created by the customer's utilisation of previously empty storage spaces in NMM's systems.
4.6 The customer is obliged not to exceed the quantity of limited inclusive services (traffic limit, volume, storage space), unless an overrun has been contractually agreed. In the event of an overrun, the customer will be requested in text form to rectify the overrun within a set period. If this is not done, NMM will group the customer into the next higher tariff at a correspondingly higher fee. Alternatively, NMM is entitled to terminate the contractual relationship extraordinarily with one week's notice.
4.7 The customer may not use the storage space provided to him in such a way as to impair the Internet presence or usage options of other NMM customers, the stability of the server or its performance or availability. When using shared servers from NMM, i.e. hosting in which several customer storage spaces are technically held on the same server, it is prohibited in particular to send e-mails in bulk, to operate a mail service, newsletter service or download server by third parties, to run programmes and scripts that place an extreme load on the server (e.g. chat, pagerank services, pagerank services, download servers, etc.). chat, pagerank services, ban exchange and top list systems, the utilisation of databases due to an excessive number of requests or an excessively high data volume, the excessive accumulation of files (in terms of file size and/or number) and the operation of free services by third parties (e.g. counter service, freemail service, guestbook service, short URL service). Only the integration of a chat into the website is permitted (e.g. IRC chat), but no chat that is installed or stored on NMM's servers.
4.8 The services of NMM may not be used by the customer to send unsolicited e-mails to third parties for advertising purposes (mail spamming) or to enable the sending of messages for advertising purposes (news spamming). It is not permitted to send threatening or harassing messages to third parties or to enable the unauthorised retrieval of information or unauthorised access to data networks. If the customer sends spam e-mails, NMM is authorised to temporarily block the electronic mailboxes.
4.9 If facts justify the assumption that an e-mail from the customer's mailbox contains harmful code (computer viruses, worms or Trojans, etc.), if sender information is false or disguised, or if it is an unsolicited or disguised commercial communication, NMM can identify such e-mails and restrict or prevent their transmission.
4.10 The customer is not permitted to provide content or information for publication by NMM which is classified as "FSK 18" content, i.e. films and game programmes which cannot be released for children and young people in accordance with the provisions of the Youth Protection Act of 23.07.2002 (BGBl. I p. 2730) in the currently valid version.
4.11 The customer is not permitted to sublet services, in particular web space, unless the customer is a reseller authorised by NMM.
4.12 MM is entitled to partially or completely block its services if its technical systems act or react in a way that deviates from the standard operating behaviour, thereby compromising security, confidentiality, availability, integrity and resilience of systems, networks, programmes, applications, scripts, apps, files and data of NMM, other customers of NMM and third parties involved in the services of MNN are impaired or if objective evidence gives rise to the suspicion of such impairment. This also applies to so-called denial-of-service attacks on NMM's IT systems, which the customer either carries out itself via its server or for which the customer's server is used (possibly misused) by third parties.
4.13 For the duration of the blocking of the customer's usage options due to prohibited usage actions by the customer, in particular due to illegal content provided by the customer or due to violations of the obligation to provide provider labelling in a legal manner, NMM retains the claim to the agreed remuneration.
4.14 Information from NMM to the customer concerning the conclusion of the contract, the execution of the contract, in particular invoicing and dunning, including the termination of the contract (cancellation), is generally provided in text form. Only in exceptional cases or in cases of a legal obligation does NMM prepare texts in written form and send them to the customer's last known residential or business address.
4.15 Insofar as a legitimate interest exists, NMM may require the customer to use the e-mail address of NMM or another e-mail provider for the purpose of communication, in particular for user support and the sending of invoices, other than the e-mail address which the customer provided with his order or subsequently deposited.
5 RESPONSIBILITY OF THE CUSTOMER FOR DOMAIN AND INFORMATION
5.1 The customer is responsible under general law for the domain itself and for all information and content that the customer keeps or stores on its storage locations, in particular via its published website (in particular data, graphics, images, music, videos or other information that is retrieved or distributed via the technologies provided by NMM). This may also include foreign laws.
5.2 If the customer publishes a website created with the web construction kit or if this is done by an authorised user who has been granted corresponding access rights, the customer as a service provider is subject to various legal regulations and responsibilities. Service providers based in Germany must, for example, keep the information in accordance with Section 5 DDG (Digital Services Act) easily recognisable, directly accessible and permanently available (so-called "imprint") for business-related telemedia that is generally offered for a fee.
5.3 Insofar as the customer processes personal data within the meaning of Art. 4 No. 1 of the General Data Protection Regulation (GDPR) with or via its website and is the "controller" within the scope of application of the General Data Protection Regulation pursuant to Art. 2 GDPR, the information obligations under Art. 13, 14 GDPR (so-called "data protection notices" or "data protection information") in conjunction with any additional regulations of its respective national data protection law apply exclusively to the customer. NMM acts here at most as a processor and does not owe this provision of information to the data subjects of the data processing.
5.4 It is the customer's responsibility to ensure that he or the authorised user provides all other required mandatory information on the published websites. Failure to do so may result in consequences under civil and criminal law. The customer alone is responsible for compliance with these obligations. If NMM provides samples and templates for legal texts, these must be checked individually by the customer or the authorised user before they are used. NMM endeavours to design the legal texts in such a way that they are applicable in as many cases as possible, but does not assume responsibility for the suitability or legal conformity of their use in individual cases.
5.5 The customer must observe the national and international copyright and trademark, patent, name and labelling rights as well as other industrial property rights and personal rights of third parties in his Internet presence, which is published via NMM storage spaces.
5.6 Information and content relating to services or goods for which a special official licence is required under general law may only be posted or disseminated if the customer is in possession of a valid licence.
6 REGULATION AND PROCEDURE FOR UNLAWFUL USER CONTENT
6.1 Terrorist online content
6.1.1 As a hosting service provider, NMM is obliged under Regulation (EU) 2021/784 of 29 April 2021 to combat the misuse of its hosting services for terrorist online content if and to the extent that its customers as content providers commit terrorist offences within the meaning of Art. 3 of Directive (EU) 2017/541 or publish terrorist content as defined by Art. 2 No. 7 of Regulation (EU) 2021/784 via NMM's storage spaces, e.g. on their websites.
6.1.2 Upon receipt of an official removal order from the Federal Criminal Police Office in accordance with Article 3 of Regulation (EU) 2021/784, NMM will generally remove or block access to terrorist content online within one hour. NMM has set up a complaints procedure that gives content providers whose content has been removed or blocked due to specific measures under Article 5 of Regulation (EU) 2021/784 the opportunity to lodge a complaint against the removal or blocking and to request that the content be restored or unblocked.
6.1.3 If NMM removes or blocks terrorist content, NMM shall inform the customer concerned (content provider of prohibited information) of the removal or blocking of this content and, at the customer's request, provide the reasons for the removal or blocking as well as the options for contesting the removal order or send the customer a copy of the removal order issued by the Federal Criminal Police Office. The aforementioned information will not be provided if the Federal Criminal Police Office, which issued the removal order, decides - taking into account proportionality and necessity - that no information may be disclosed for reasons of public security, such as the prevention, investigation, detection and prosecution of terrorist offences, for as long as necessary, but for no longer than six weeks from this decision. In this case, NMM will not initially inform the customer of the removal or blocking of terrorist content. The Federal Criminal Police Office may extend this period by a further six weeks if justified reasons continue to exist, provided that such non-disclosure is still justified.
6.1.4 Irrespective of official removal orders or official orders for specific measures in accordance with Art. 5 of Regulation (EU) 2021/784, NMM does not permit the storage and publication of the aforementioned terrorist online content without exception. However, NMM is not generally obliged by law to monitor the stored content or to actively search for facts or circumstances that indicate illegal activities. NMM removes such terrorist online content or blocks access to it as soon as NMM becomes aware of it.
6.1.5 In the case of section 6.1.4, NMM reserves the right to terminate the contract with the customer without notice in the event of terrorist offences or terrorist content and will only refrain from doing so at its own discretion until there is a recurrence, provided that the customer guarantees this at its own discretion and makes this credible and takes appropriate measures to ensure that NMM is convinced that the publication of such content will not be repeated. However, after receipt of an official removal order in accordance with Art. 3 of Regulation (EU) 2021/784, NMM will generally terminate the contract without notice and without hearing the customer. This does not affect NMM's right to terminate the contract with the customer by ordinary cancellation.
6.1.6 If NMM has knowledge of terrorist content that leads to an imminent threat to life, NMM shall immediately inform the authorities responsible for the investigation and prosecution of criminal offences in the Member States concerned. If it is not possible to identify the Member States concerned, NMM shall notify the Federal Criminal Police Office and transmit information on such terrorist content to Europol for further processing.
6.1.7 TCO authority contact point: NMM publishes the contact point for receiving removal orders from the Federal Criminal Police Office electronically in the website's legal notice and ensures that they are processed without delay. Contacting the TCO contact point for the Federal Criminal Police Office and further exchange in connection with removal orders is only possible in German.
6.2 Other illegal content
6.2.1 Irrespective of the qualification of the content of publications by users of NMM's services as "terrorist online content" and irrespective of official orders received by NMM, in particular under Art. 9 or 11 of the Digital Services Act, with regard to other unlawful content, NMM generally does not authorise the storage and publication of unlawful content or unlawful activities by users of NMM's services.
6.2.2 According to Art. 3 h of the Digital Services Act, "unlawful content" is any information which, as such or by its reference to an activity, including the sale of products or the provision of services, does not comply with Union law (i.e. EU law) or the law of a Member State (the EU), irrespective of the precise subject matter or nature of the legislation concerned. Unlawful content includes, for example, unlawful hate speech, terrorist content and unlawful discriminatory content. It also includes, for example, the sharing of depictions of child sexual abuse, the unlawful sharing of private images without consent, cyber-stalking, the sale of non-compliant or counterfeit products, the sale of products or provision of services in breach of consumer protection law, the unauthorised use of copyrighted material, the unlawful offering of accommodation services or the unlawful sale of live animals. In this respect, it is irrelevant whether the unlawfulness of the information or act arises from EU law or from national law that is compatible with EU law, what type of legislation is involved and what it is about.
6.2.3 NMM is legally obliged to remove illegal content or block access to it as soon as NMM becomes aware of it. "Knowledge" means actual knowledge within the meaning of Art. 6 of the Digital Services Act.
6.2.4 DSA contact point for authorities: NMM publishes a central contact point for authorities in the legal notice of the website, which enables information on illegal content to be received and communicated electronically and ensures that it is processed immediately. Contacting the DSA contact point for authorities and further communication in connection with the Digital Services Act is only possible in German.
6.2.5 DSA user contact point: In addition to the aforementioned contact point for authorities, NMM also publishes a central contact point for users of NMM's services (DSA user contact point) in the legal notice of the website, which enables the receipt of information on illegal content and communication on this electronically and ensures that it is processed immediately. Contact with the DSA user contact point for users and further communication in connection with the Digital Services Act is only possible in German.
6.3 Notification and redress procedures regarding other illegal content
6.3.1 Reporting form: In order to ensure that reports from users regarding individual information on suspected illegal content in accordance with section 6.2.5 above are processed by NMM in an effective and structured form without delay, the reporting form provided electronically via the "Complaints procedure" link in the legal notice must be used. Failure to do so may result in a considerable delay in processing or in the complaint not being processed. The report of possibly illegal content in German only must contain the information to be provided in accordance with the reporting form.
a) The notification must be sufficiently precise. What is required is a clear indication of the exact electronic storage location of the information deemed illegal, such as the precise URL address or addresses, or, if necessary, further information relevant to the type of content and the specific type of hosting service in order to determine (the location of) the illegal content.
b) The notification must be appropriately justified. It must be explained why the person or organisation in question considers the information in question to be illegal content.
c) The reporting person must provide your name and the email address of the reporting person or entity, unless the information is considered to relate to a sexual offence referred to in Articles 3 to 7 of Directive 2011/93/EU.
d) The reporting person must provide a statement that the reporting person or entity has a good faith belief that the information and statements contained in the report are accurate and complete.
If the notification is not sufficiently precise and adequately substantiated, NMM may not be able to adequately recognise and evaluate the allegedly unlawful content and may not be able to take action against it, or may not be able to do so quickly, by means of blocking or removal measures.
6.3.2 NMM will immediately confirm receipt of a notification to the e-mail address stated in the notification.
6.3.3 As a matter of principle, NMM does not communicate with anonymous reporters (failure to provide the surname and first name of an existing natural person who is responsible for the report and is available as a witness in official or legal proceedings). NMM is authorised, at its discretion, to request proof of identification from the reporting person.
6.3.4 Illegal content is not automatically assessed by NMM, but is always checked by a human being. NMM is neither a court nor an authority. Accordingly, NMM's review and cognitive effort is limited to a limited examination of the content of violations of the law. NMM is not obliged to carry out an in-depth legal review to determine whether content is clearly unlawful. If it turns out that the notice of illegal content is not conclusive, NMM will generally not comply with the request for removal or blocking by taking it down. Upon receipt of a conclusive notice, NMM will generally forward the notice to the person or organisation responsible for the illegal content, if known, together with all relevant information for the purposes of a hearing and, if applicable, a counterstatement, in order to reach a decision on whether or not to remedy the situation. Insofar as this does not conflict with the legitimate interests of the reporting person, NMM will disclose the identity of the reporting person to the person or organisation responsible for the illegal content.
6.3.5 If, for technical or operational reasons, NMM is unable to delete a specific piece of illegal information or if blocking it would unduly impair freedom of expression or the freedom of information or other legitimate interests of the person or organisation responsible for the illegal content, NMM will inform the reporting person and refer them to legal action.
6.3.6 NMM will promptly notify the reporting person of its decision regarding the reported information, indicating the possible legal remedies against this decision.
6.3.7 If NMM's review leads to the conclusion that the information provided by the user is unlawful content or that it is not compatible with NMM's terms of use, NMM will provide the person or organisation responsible for the unlawful content with reasons for the measure taken, insofar as this leads to a restriction on the display of the published individual information (unlawful content) (e.g. through deletion, blocking or other measures in accordance with Art. 17 of the Digital Services Act). The justification will contain the information pursuant to Art. 17 para. 3 of the Digital Services Act, including the possible legal remedies against the measure.
6.3.8 Possible measures or sanctions by NMM against the customer or user in the event of unlawful content are:
a) any restrictions on the display of certain individual information provided by the user, including removal of content, blocking of access to content or downgrading of content,
b) Suspension, termination or other restriction of cash payments,
c) Suspension or termination of the provision of all or part of the service,
d) Suspension or closure of the user's account,
e) other measure.
6.3.9 If the possible infringement is committed through a domain, NMM can also take measures to make the domain inaccessible.
6.3.10 NMM reserves the right, but is not obliged, to take the initiative to identify illegal content and to moderate such content with the responsible user. The aim of moderation is to recognise and identify illegal content or information and to persuade the responsible user to remove illegal content or information without formal action.
6.3.11 NMM will only make use of the technical possibility of completely or partially blocking the customer's access to the services provided and/or to individual illegal information or of the possibility of deleting content/information in necessary exceptional cases and will always take into account the customer's legitimate interests, insofar as NMM is aware of these. If the customer does not make an effective contribution to eliminating the reason for an impending block or the reason for the deletion of content, in particular by remaining silent or not responding to corresponding requests by NMM or by making content "undeliverable", NMM can generally assume that the customer will not raise any objections to the block or deletion of content.
6.3.12 The type and scope of the blocking or deletion of content is at the discretion of NMM, subject to official or court orders.
6.3.13 If a registered domain is the reason for the blocking, NMM is authorised to place the customer's domain in the administration of the domain registry, which is the customer's contractual partner, and to terminate the administration of the domain while maintaining the contractual services in other respects.
6.3.14 A justified blocking or a justified deletion of content by NMM does not release the customer from his obligation to pay the agreed fees, even if he does not receive the service or use in full.
6.3.15 NMM may make the cancellation of the blocking, insofar as this is not based on an official or court order, dependent on the customer demonstrably eliminating the unlawful situation and, in order to exclude the risk of repetition, submitting a cease-and-desist declaration to NMM with a contractual penalty and providing security for the payment of any future contractual penalty arising from this. In this respect, the amount of the security corresponds to the amount of the costs to be expected by NMM in the event of a liability claim by a third party. The amount of the contractual penalty promise is based on the significance of the breach.
6.4 Duty to provide information in the event of official orders or requests for information
6.4.1 At the latest at the time of compliance with the order to act against illegal content by an authority pursuant to Art. 9 of the Digital Services Act or, if applicable, at the time specified by the issuing authority in its order, NMM shall inform the user concerned of the order received and its execution. This information to the user includes a statement of reasons, the existing options for legal remedies and a description of the territorial scope of the order.
6.4.2 Provisions of civil and criminal procedural law are not affected by Section 6.4.1.
6.4.3 Sections 6.4.1 and 6.4.2 apply accordingly to official requests for information in accordance with Art. 10 of the Digital Services Act.
6.5 Criminal charges
If NMM becomes aware of information that gives rise to the suspicion that a criminal offence has been committed that poses a threat to the life or safety of a person or persons, NMM will report the suspicion to the Federal Criminal Police Office and provide it with all relevant information available.
6.6 NMM retains the right to the agreed remuneration for the duration of the blocking of the customer's utilisation options due to illegal content or information.
7 AVAILABILITY, LIMITATION OF SERVICE, CHANGE OF SERVICE, UPDATES
7.1 The customer can expect average accessibility of the servers and data paths provided by NMM up to the transfer point to the Internet (backbone) of 99.0% on an annual average. This does not include periods in which the servers cannot be reached due to technical or other problems beyond NMM's control (force majeure, fault of third parties, etc.).
7.2 NMM is authorised to use the customer's storage space, in particular on virtual servers, to increase efficiency, in particular to reduce the energy costs associated with use, "relocate", i.e. to other, own server storage locations, provided that the server location is still in Germany.
7.3 Change of services: The contractually agreed services via a digital product, which are intended for permanent provision, can also be changed by NMM irrespective of section 7.2 in the already ongoing contractual relationship, even if the change goes beyond what is necessary to maintain contractual conformity. The prerequisite is that NMM has a valid reason for such a change, that the customer does not incur any additional costs as a result of the change and that the customer is informed clearly and comprehensibly about the change. NMM may only make a change to the digital product which significantly affects the customer's ability to access the digital product or which significantly affects the usability of the digital product for the customer if it also informs the customer within a reasonable period of time before the time of the change by means of a durable medium (e.g. in text form by e-mail). The information must contain details of the features and the time of the change as well as the customer's rights to terminate the contract in accordance with Section 327r BGB.
- if this is necessary with regard to capacity limits, the security or integrity of the server or software or network operation or to carry out technical measures. If possible, NMM will carry out maintenance work at times of low utilisation so that the access options or usability for the customer are also insignificant,
- if the reason for the change was not foreseeable when the contract was concluded, is necessary and the ratio of service and consideration is not shifted to the disadvantage of the customer, so that the change is insignificant and therefore reasonable for the customer, this may in particular concern individual features, applications, scripts, links and programmes which NMM can add, switch off or change,
- if new technical developments necessitate a change in service because the service can no longer be provided in the previously contractually agreed form or if newly enacted or amended statutory or other sovereign regulations require a change in service.
7.5 Updating the services: NMM shall ensure that during the relevant period of provision of digital products, the customer is provided with updates necessary to maintain compliance with the contract and the customer is informed of these updates. The required updates also include security updates.
8 REMUNERATION, TERMS OF PAYMENT, PRICE CHANGES
8.1 The prices displayed on the NMM website are prices including German VAT. The amount of statutory VAT is shown at the final price. Customers whose place of residence or registered office is in another EU country or in a third country can have the total price applicable to their country displayed separately. The total prices may therefore vary upwards or downwards due to the different tax rates. Additional delivery and shipping costs as well as taxes or costs that are not paid via NMM do not apply. These are total prices for the specified period (month/year), so that the total costs relating to a longer term of the contract (prepayment periods) must be multiplied by the corresponding factor (1 month, 3, 6, 12) months in order to determine the price for the billing period.
8.2.1 For web hosting services including the domain service, the customer specifies an advance payment period (1 month, 3, 6, 12 months) when placing the order.
8.2.2 The advance payment is due after receipt of an invoice as soon as the customer's order has been accepted by NMM through the order confirmation, but not before the customer has received the access data. NMM may make the activation of the customer access (account) set up for the customer dependent on receipt of payment. For other deliveries and services, unless otherwise agreed, payment to NMM is due after the service has been provided and an invoice has been issued.
8.2.3 NMM accepts bank transfer as a means of payment. This usually takes place via a SEPA direct debit mandate. With the SEPA direct debit mandate, the customer authorises NMM to collect the amount due from the customer's account by direct debit (SEPA direct debit mandate) as part of the customer's order for web hosting packages. The "mandate" is the consent of the payer (the customer of NMM) to the payee (NMM) to collect due receivables by direct debit and the instruction to his payment service provider (paying agent, the customer's bank) to honour the payment by debiting his payment account. The customer can view the SEPA mandate in the order overview with the creditor identification number and mandate reference. The direct debit is initiated by the payee (NMM). The announcement of the direct debit (advance information / "Prenotification") takes place at the latest 5 working days before the direct debit is asserted, usually when the invoice is issued. Collection by NMM takes place at the earliest 5 working days after the invoice date. The invoice will be sent to the customer by e-mail to the address provided by him or in his personal configuration menu or in another agreed manner and can be accessed by him there. The customer must ensure that there are sufficient funds in the specified account so that the amounts due can be collected. Instead of the SEPA direct debit mandate, NMM may request payment in advance by bank transfer, generally for 12 months in advance.
8.2.4 For each direct debit that is not honoured or returned, the customer must reimburse NMM for the costs incurred to the extent that the customer is responsible for the event triggering the costs.
8.3 The customer shall receive an invoice or calculation of the agreed and due remuneration in electronic form as a PDF document. The customer is not entitled to a digitally signed invoice (Section 14 (3) UStG).
8.4 If the customer defaults on his due payment obligations, NMM is authorised to block the customer's access to the storage media provided by NMM. NMM will inform the customer of this consequence of his default of payment in a reminder, which will be sent by e-mail to the last e-mail address provided by the customer or otherwise made known to him. If the reminder cannot be delivered by e-mail, NMM is authorised to temporarily block access immediately. If the customer is in arrears, the customer's obligation to pay continues to apply despite the blocked access.
8.5 The customer shall not incur any costs for the use of the means of distance communication used for the conclusion of the contract that exceed the customer's costs for the mere use of the means of distance communication (customer's telecommunication charges).
8.6 NMM is entitled to adjust the prices to be paid on the basis of the contract to the development of the total costs that are decisive for the calculation of the agreed price. The customer may have this reviewed by a civil court in accordance with Section 315 (3) BGB.
8.6.1 The adjustment is made at our reasonable discretion on the basis of Section 315 of the German Civil Code (BGB).
8.6.2 The total costs consist in particular of costs for technology, technical service, costs for customer support (e.g. for service hotlines, billing and IT systems), personnel and service costs, energy costs, overheads (e.g. for administration, marketing, rent, interest). When NMM unilaterally determines the service, only changes to the costs that are relevant for the price determination according to sentence 1 are to be taken into account.
8.6.3 A price increase is possible and a price reduction must be applied if the total costs increase or decrease.
8.6.4 Increases in one type of cost, e.g. technical costs, may only be used for a price increase to the extent that they are not offset by decreasing costs in other areas. In the event of cost reductions, NMM shall reduce prices insofar as these cost reductions are not offset by increases in another type of cost. When exercising its reasonable discretion, NMM shall select the respective points in time of a price change in such a way that cost reductions are not calculated according to standards that are less favourable for the customer than cost increases, i.e. cost reductions are effective at least to the same extent as cost increases.
8.6.5 The customer shall be notified of price changes in text form at least six weeks before they are scheduled to take effect. In the event of a price increase, the customer has the right to terminate the contract in text form without observing a cancellation period at the time the price adjustment comes into effect. NMM will specifically inform the customer of this in the notification of change.
8.6.6 Irrespective of the above provisions, NMM is authorised in the event of an increase in the statutory value added tax and obliged in the event of a reduction to adjust the prices accordingly at the time of the respective change. The customer has no right of cancellation due to such a price adjustment.
9 FREEDOM OF CONTRACT
NMM is free to conclude contracts with customers, but will not exclude any user from concluding a contract for reasons that the General Equal Treatment Act (AGG) specifies as prohibited discrimination. NMM is not obliged to justify the refusal to conclude a contract to the person who wishes to become a contractual partner of NMM and is not limited to reasons based on an abuse of NMM's services or an attempt to do so. If NMM has reason to believe that an interested party who has been rejected for the conclusion of a contract is attempting to conclude contracts again, NMM will keep data identifying the person or company of this interested party in a blacklist for as long as this is necessary. This applies in particular in the event that the person or company has previously published illegal content or information on NMM's storage media or has carried out prohibited activities in accordance with section 4.
10 RETURN OF THE CUSTOMER'S STORAGE SPACE BY DELETION
10.1 At the end of the day on which the contract ends, the customer is obliged to delete or release the storage space provided to him for deletion by NMM. If the customer does not fulfil this obligation, NMM is obliged to delete the storage space.
10.2 The customer shall be responsible for backing up his data on his own storage media in good time before the deletion is carried out in accordance with section 10.1.
11 OFFSETTING BY THE CUSTOMER, RIGHT OF RETENTION
11.1 The customer may only offset claims by NMM if these claims are uncontested or have been legally established. The customer is only entitled to assert a right of retention due to counterclaims resulting from the contractual relationship with NMM.
11.2 NMM reserves the right to grant a customer's request for a change of provider (KK request) only after all undisputed outstanding claims of NMM against the customer have been settled.
12 STATUTORY LIABILITY FOR DEFECTS
The services of NMM, insofar as they relate to digital content or digital services from contracts with consumer customers, are subject to the statutory liability for defects from Sections 327 to 327s BGB, otherwise the liability for defects is governed by the other statutory provisions of the BGB.
13 LIABILITY
13.1 In the event of wilful intent or gross negligence and in the absence of a guaranteed characteristic, NMM shall be liable without limitation for all damages attributable thereto.
13.2 In the event of slight negligence, NMM is liable without limitation in the event of injury to life, limb or health. If NMM is in default with its performance due to slight negligence, if its performance has become impossible or if NMM has breached an essential obligation, the liability for property damage and financial loss resulting from this is limited to the foreseeable damage typical for the contract. An essential obligation is one whose fulfilment is essential for the proper execution of the contract, whose breach jeopardises the achievement of the purpose of the contract and on whose compliance the customer may regularly rely.
13.3 NMM is only liable for the loss of data in the event of slight negligence under the conditions and to the extent of section 13.1 if the customer has backed up his own information and content (see section 4.5 above) at intervals appropriate to the application in a suitable form so that it can be restored with reasonable effort.
13.4 NMM's strict liability for damages (Section 536a BGB) for defects existing at the time of conclusion of the contract is excluded. Sections 13.2 and 13.3 remain unaffected.
13.5 Liability for all other damage is excluded, in particular for loss of data or hardware faults caused by incompatibility of the components present on the customer's end device system with the new or modified hardware and software and for system faults that may arise due to existing misconfigurations or older, disruptive drivers that have not been completely removed.
13.6 NMM's liability for cases of liability under the Product Liability Act, the Telecommunications Act or the GDPR is not affected by sections 13.1 to 13.5.
14 CONTRACT TERM, CANCELLATION, TERMINATION OF THE CONTRACT
14.1 Unless otherwise agreed, the contract for a web hosting package between the customer and NMM is concluded for an indefinite period. No minimum contract term is agreed; the contract can be cancelled by the customer at any time in accordance with section 14.5.
14.2 When ordering a webhosting package / webhosting tariff, the customer determines the term of the contract by specifying an advance payment period (1 month, 3, 6, 12 months). The month for which the respective monthly tariff is selected by the customer is calculated at 30.4375 days.
14.3 The aforementioned advance payment period begins on the exact date of receipt of the order confirmation. The expiry of the advance payment period selected by the customer is stated in the invoice.
14.4 If the prepayment period preselected in accordance with 14.2 and notified to the customer in accordance with 14.3 ends without the customer having cancelled the contract, the prepayment period selected by the customer when the contract was concluded shall begin again upon expiry of the prepayment period selected by the customer. The customer has the option of selecting a different prepayment period in the MembersArea (MA) before the end of the current prepayment period, which follows on from the expiring period.
14.5 Cancellation of the contract by the customer
14.5.1 The customer may terminate the web hosting contract at any time to the end of the prepayment period selected by him and utilise the services of NMM until the end of this period. He can also terminate the contract "immediately" upon receipt of the cancellation by NMM and thus waive the provision of services by NMM until the end of the prepayment period.
14.5.2 The customer may also terminate the contract extraordinarily for good cause and declare this termination at the time of receipt by NMM or at the end of a later date specified by the customer.
14.5.3 The customer's cancellation must be received by NMM in text form. Text form corresponds to a legible and permanent declaration in which the person making the declaration is named and it is recognisable to NMM that the contract is to be terminated. In contrast to the written form, the text form does not require a handwritten signature. Every customer has a simple termination option supported by a termination dialogue with its fast authentication via dial-in to the MembersArea (MA).
14.5.4 NMM shall ensure that the consumer-customer can submit a declaration of ordinary or extraordinary cancellation of the contract on the website via a cancellation button that is permanently available and immediately and easily accessible. The cancellation button is clearly labelled with nothing other than the words "Cancel contracts here" or with a corresponding clear formulation. It takes the person wishing to cancel directly to a confirmation page that prompts and enables them to provide information on (a) the type of cancellation and, in the case of extraordinary cancellation, the reason for cancellation, (b) the clear identifiability of the person cancelling, (c) the clear designation of the contract, (d) the time at which the cancellation is to terminate the contractual relationship and (e) the rapid electronic transmission of the cancellation confirmation to the person cancelling. The confirmation page contains a confirmation button which the person wishing to cancel can use to submit the cancellation declaration and which is clearly labelled with nothing other than the words "cancel now" or with a corresponding clear formulation. The person wishing to cancel can save the cancellation declaration made by clicking on the confirmation button with the date and time of submission on a permanent data carrier in such a way that it is recognisable that the cancellation declaration was made by clicking on the confirmation button. NMM shall immediately confirm to the consumer the content, date and time of receipt of the cancellation notice and the time at which the contractual relationship is to be terminated by the cancellation in text form by electronic means.
14.5.5 For quick authentication, the consumer customer should initiate the termination in the MembersArea (MA) instead of the procedure in Section 14.5.4 by using the termination dialogue available there and downloading or otherwise saving data before the termination takes effect.
14.5.6 When the cancellation takes effect, the customer's ability to use NMM's deliveries and services under the web hosting contract under the customer's cancelled contract number ends. When the cancellation takes effect, NMM will delete the data stored by the customer at NMM as well as the customer's settings (configurations). The e-mail inboxes, databases, forwarding and storage space for Internet pages (web space) created in the cancelled contract are then no longer available. The customer can no longer send and receive e-mails under the domain ordered by him; the connection from the Internet to a website of the customer on his storage space is no longer possible.
14.5.7 In the event of ordinary immediate cancellation, the customer will not be reimbursed for any unused advance payments. If there is a reason for cancellation for good cause, NMM shall reimburse the customer immediately on a pro rata temporis basis for the remuneration portions paid in advance up to the end of the pre-notification period, provided that the customer has presented the reasons for good cause. The expiry of the pre-payment period selected by the customer can be found on the customer's last invoice.
14.5.8 In the event that the customer cancels at the end of the current prepayment period, he must give notice of cancellation no later than 7 calendar days before the end of the prepayment period. If the cancellation is received later, the customer must pay the remuneration for the subsequent prepayment period to NMM; the entitlement to the contractual services no longer exists as a result of the cancellation. The customer is therefore obliged to fulfil the conditions for cancellation in good time so that the extension of the contract and the due date for a new advance payment does not occur. The expiry of the advance payment period selected by the customer can be found on the customer's last invoice.
14.5.9 The customer must download all data stored on NMM's storage systems and back up e-mails to the customer's own local storage locations until the date on which the cancellation takes effect, as NMM will have all content stored for the customer on NMM's storage locations (website content, database contents, e-mails, software programmes, settings) irrevocably. NMM shall delete the personal data immediately upon termination of the contract, unless otherwise agreed, as may be the case under a contract for the processing of personal data on behalf of the data subject.
14.5.10 If the customer has not deleted or transferred active domains or moved them to another domain provider by the time the cancellation takes effect, NMM will delete the domain from the domain registry, which may result in the irretrievable loss of the domain for the customer. NMM ceases to administer the domain at the time the cancellation takes effect and informs the domain registry accordingly. As a result, the domain changes to the self-administration of the responsible domain registry for which NMM brokered the affected domain contract. Only the domain registry is then responsible for the further contractual relationship with the customer in accordance with the respective registration provisions.
14.5.11 In the event that the customer wishes his domain(s) to be transferred to another web host or domain provider as part of his cancellation, the customer will be sent a code ("Auth-Code") or transmitted via his secure user account (MembersArea), which must be activated by the new provider for the transfer. NMM provides convenient functions in the MembersArea for this purpose. If the new provider omits the transfer (so-called "connectivity coordination"), the domain remains in the administration of NMM unless the customer cancels the contract for this/these domain(s). It is the customer's responsibility to organise the transfer before his cancellation becomes effective.
14.5.12 If the customer has several contracts with NMM (several customer or contract numbers), he can also limit his cancellation to individual customer or contract numbers. He must declare himself accordingly, i.e. select the cancellation according to the desired contract.
14.6 Cancellation of the contract by NMM
14.6.1 Ordinary cancellation of the contract by NMM is permitted in text form at the end of a current calendar month with a notice period of 20 calendar days.
14.6.2 In the event of ordinary cancellation by NMM, NMM must reimburse the customer for unused advance payments on a pro rata basis.
14.6.3 In the event of ordinary termination by NMM, the customer must terminate the contract in accordance with section 14.5.5.
- if the customer is more than 1 month in arrears with a due payment, or
- if the customer culpably breaches a contractual obligation despite a warning, or
- if the customer makes unlawful content or information available for retrieval or use (Section 6) or
- if the customer is responsible for the fact that NMM's IT systems are disrupted by actions of the customer or by circumstances for which the customer is responsible within the meaning of section 4, or
- if the customer does not fulfil its data protection obligations towards NMM arising from a data protection order processing agreement or the customer's obligation to conclude such an agreement.
- if the customer objects to the use of subcontractors by NMM (their addition or replacement) to NMM.
14.6.5 A prior warning in cases 14.6.4 is not required if it is a breach of duty that makes it unreasonable for NMM to continue the contract, in particular because NMM would also be liable itself or to third parties for this breach of duty.
14.6.6 In the event of a cancellation by NMM for good cause, the customer must pay the costs in accordance with section 14.5.5 to 14.5.6, in particular on questions of further administration of the domain(s) (cancellation, transfer), otherwise NMM may return the domain(s) to the administration of the domain registry.
14.6.7 In the event of cancellation by NMM for good cause, NMM is entitled to payment of the fee for the advance payment period selected by the customer, insofar as the customer is responsible for the reason for the cancellation. If NMM is responsible for the reason for the extraordinary cancellation, NMM must immediately reimburse the customer for any unused advance payments.
14.6.8 If no declaration or action is taken by the customer after a reasonable deadline has been set by NMM as to what should happen with regard to a domain administered by NMM after cancellation, NMM will cease to manage the domain name registered for the customer with the responsible domain registry after the deadline has expired - at the earliest on the day following the termination of the contract as a result of the cancellation. NMM will inform the responsible domain registry of this immediately. This may lead to the cancellation of the domain name by the domain registry.
14.6.9 If, after a reasonable deadline has been set by NMM, no declaration or action is taken by the customer as to what should happen with regard to the storage space still occupied by the customer after the cancellation, NMM will delete the storage space after the deadline has expired. The deletion leads to the irrevocable loss of data, unless the customer has backed up this data on a storage space not affected by the cancellation.
14.7 If the entire contract managed by NMM for a contract number is not cancelled, but only the deletion of one or more domains is requested or carried out, the rest of the contract continues to exist.
15 DATA PROTECTION
15.1 The customer alone decides on the collection and processing of personal data of third parties on the storage locations (servers) provided to the customer with regard to the purposes (what for?) and means (with which applications provided?). The customer is the "master of the data" and the sole "Controller" and data processor within the meaning of Art. 4 No. 2 GDPR, provided that the processing takes place within the material scope of Art. 2 GDPR. NMM is obliged to process or access this data exclusively on the instructions of the customer. Further details can be found in the "Contractual conditions for order processing in the web hosting contract" supplementing these GTC. NMM's statutory access obligations to remove any illegal information or content from storage locations or to block access to them are not affected by the customer's aforementioned right to issue instructions. Such responsibility on the part of NMM may arise in particular from the Digital Services Act in the case of illegal content or information provided by customers on websites which NMM stores on behalf of the customer.
15.2 By default, the customer cannot conclude a web hosting contract with NMM without including the supplementary "Contractual conditions for commissioned processing in the web hosting contract". In this way, the customer fulfils his responsibility under data protection law for the processing of personal data initiated by him as soon as he uses web hosting products or services from NMM within the scope of the GDPR after the contract has been concluded. The same applies to NMM. The customer can also initiate the conclusion of an order processing contract in an electronic format in the MembersArea (MA) under the heading Master Data/Order Processing.
15.3 The contractual conditions for order processing in the web hosting contract are pre-formulated by NMM and are not negotiated individually because NMM offers standard products. The contractual clauses pre-formulated by NMM correspond to the text of Commission Implementing Decision (EU) 2021/915 of 4 June 2021 and thus comply with the legal requirements of Article 28 (3) and (4) of the GDPR.
15.4 The customer has the option of objecting to the use of the supplementary "Contractual conditions for order processing in the web hosting contract" in text form to NMM if he is of the opinion that he uses the deliveries and services within the concluded web hosting contract and he does not have any personal data processed by NMM or he only carries out activities outside the material scope of Art. 2 GDPR. Upon receipt of such an objection, NMM will examine whether NMM can object to the cancellation of the validity of the "Contractual conditions for order processing in the web hosting contract". The customer must justify his objection; NMM does not provide legal advice to the customer in this respect.
15.5 Upon termination of the web hosting contract, NMM is no longer authorised to continue to store the customer's content stored on the storage spaces and applications (file systems), in particular the personal data of third parties, and will delete this information or content of the customer upon termination of the contract.
15.6 The customer is aware that NMM could view all (personal) customer data stored on the servers by the customer from a technical perspective at any time. The customer is aware that other participants on the Internet may also be technically able to intervene in network security without authorisation and control data traffic under circumstances based on illegal practices. The customer is fully responsible for the security and backup of data stored by customers on NMM servers, if necessary, by storing data in encrypted form.
16 COMPLAINTS PROCEDURES AND CODES OF CONDUCT
16.1 NMM decides on complaints on its own responsibility and requests any complaints to be sent to the address in section 1.
16.2 NMM has not subjected itself to third-party codes of conduct and does not offer an out-of-court complaints and redress procedure.
16.3 The European Commission has set up a platform (hereinafter referred to as the "ODR platform") to enable independent, impartial, transparent, effective, fast and fair out-of-court online dispute resolution between consumers and traders. NMM is required by law to publish a link to the ODR platform on its website and to provide our e-mail address:
16.3.1 The link is: https://ec.europa.eu/consumers/odr/
16.3.2 NMM's e-mail address is: info@all-inkl.com.
16.4 NMM is obliged to inform consumers in accordance with Section 36 of the Consumer Dispute Resolution Act (VSBG) that NMM is not willing and not obliged to participate in a dispute resolution procedure in accordance with the VSBG before a consumer arbitration board.
16.5 Complaints management due to illegal content in accordance with section 6 remains unaffected by the above provisions.
17 APPLICABLE LAW, PLACE OF JURISDICTION, INVALIDITY
17.1 The law of the Federal Republic of Germany applies exclusively to contracts concluded by NMM on the basis of these GTC and to claims of any kind arising therefrom. In the event of the conclusion of contracts with consumers who are not domiciled in Germany, the mandatory consumer protection provisions of the law of the consumers in their respective home country, which applies to their domicile, remain unaffected by sentence 1.
17.2 The place of jurisdiction for all disputes arising from the contractual relationship between the contracting parties, in particular regarding the conclusion, execution or termination of the contract, is the registered office of NMM, provided the customer is a registered trader, a legal entity under public law or a special fund under public law.
17.3 Should individual provisions of these GTC be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.
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