TERMS and CONDITIONS

General Terms and Conditions and Mandatory Information
ALL-INKL.COM – Neue Medien Münnich
(as at 25 August 2026)

1 CONTRACT PARTIES, SCOPE OF APPLICATION, CHANGES TO THE TERMS AND CONDITIONS

1.1 These General Terms and Conditions ("GTC") govern the contractual relationships between ALL‑INKL.COM - Neue Medien Münnich, owner: René Münnich, Hauptstraße 68, DE-02742 Friedersdorf, Germany (hereinafter also referred to as "NMM") and its customers. NMM's business involves the provision of digital products (digital content, digital services) in connection with web hosting. Contractual relationships may also arise when NMM grants users of NMM's websites certain usage rights, even though NMM does not identify these users by name and these GTC or supplementary or additional terms of use are included in the respective usage relationships.

1.2 NMM can be reached at the general telephone number +49 35872 35310 and the general email address info@all-inkl.com. Complaints of a general nature can also be submitted to NMM through these communication channels.

1.3 As far as only "customer(s)" is mentioned below, this refers to both consumers in the sense of § 13 BGB and entrepreneurs in the sense of § 14 BGB.

1.4 If NMM's customers are consumers, special consumer rights apply to these customers (consumer customers) within the framework of distance selling contracts and electronic commerce. The statutory cancellation policy and the statutory cancellation form are reproduced in these GTC.

1.5 In addition to these GTC, NMM may include supplementary or specific applicable additional contractual conditions (terms of use) for individual business processes or for certain customer groups in a contract conclusion or in a usage action. In the event of contradictions against the provisions in the supplementary or additional contractual conditions, these GTC take precedence.

1.6 Deviating terms and conditions of the customer from these GTC and the supplementary or additional business conditions according to clause 1.4 will not become part of the contract, unless there is consent from NMM in text form (e.g., by letter, fax, or email). The GTC, the supplementary or the additional business conditions of NMM also apply exclusively if NMM provides services unconditionally in knowledge of conflicting terms and conditions of the customer.

1.7 These GTC also contain information that NMM is required to provide under legal regulations (mandatory information). This particularly concerns information regarding the conclusion of contracts outside of business premises, regarding the use of remote communication means in distance selling contracts, or as a result of conducting electronic commerce. Furthermore, clause 6 contains information related to the complaint management established at NMM regarding potentially unlawful content or unlawful information that is made publicly available by users of NMM's services and is merely stored by NMM on behalf of these users.

1.8 NMM may change these GTC if this is necessary to adapt to developments that were not foreseeable at the time of contract conclusion, which NMM did not cause or could not influence, and whose non-consideration would make the contractual relationship significantly unbalanced, provided that no essential provisions of the contractual relationship are affected. Essential provisions include those regarding the nature and scope of the contractually agreed services as well as the duration including the provisions on termination. Furthermore, these GTC may be adjusted if this is necessary to eliminate significant difficulties in the execution of the contract due to regulatory gaps that arose after the conclusion of the contract. This may be particularly the case if the case law regarding the effectiveness of provisions of these GTC changes, one or more provisions of these GTC are declared ineffective by the case law, or a change in law leads to the ineffectiveness of one or more provisions of these GTC. The above provisions regarding changes and additions to these GTC apply accordingly to the supplementary or additional business conditions of NMM.

1.9 Changes to the terms and conditions of NMM or the services as defined in section 1.7 require written form and will be communicated to the customer in writing at least four weeks before their planned effectiveness. The customer has the right to terminate the contract in writing at the time the changes take effect, without observing a notice period, for changes that are not solely in their favor. The customer will be specifically informed of this in the amendment notification. In the case of additional orders from the customer to a contract, NMM may make acceptance of the additional order contingent upon the customer actively and informedly agreeing to the applicability of the current terms and conditions to the previous orders in the contract.

1.10 These GTC and the supplementary terms and conditions represent legal texts. Only the respective version in German is binding. If NMM offers a version in another language, the translation is merely a non-binding service to facilitate reading and understanding the German version. This service from NMM is generally based on the use of translation software or an AI system. NMM particularly offers such a service on the websites via a button for language switching. In the event of disagreements or conflicts regarding the understanding of the text, the German version always has the claim to be the only binding and official version compared to the version in another language.

1.11 For better readability, the generic masculine is used in the texts on the website, the legal texts, and in communication. The terms referring to persons apply to all genders unless otherwise indicated.

2 SUBJECT OF THE CONTRACT

2.1 General

2.1.1 The essential features of the deliveries and services typically ordered by the customer in electronic commerce, particularly 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 during the electronic ordering process. These are standard products. Further service contents can be agreed upon between the customer and NMM through individual communication.

2.1.2 For the customer, the respective service description or price list at the time of placing their order is decisive. This service description takes precedence over the services or functionalities described below (2.2 to 2.8) in case of contradictions.

2.1.3 To provide its services, NMM uses hardware and software. NMM operates server hardware in data centers in Germany.

2.1.4 NMM is entitled to provide the services through third parties.

2.1.5 The customer may only transfer the rights and obligations from the contract with NMM to a third party with the prior consent of NMM in text form. NMM is entitled to require written form between the transferring and the receiving party for a change of contractual partner (entry of a third party in place of the customer).

2.1.6 The services or functionalities included as standard in the web hosting packages (web hosting tariffs) are briefly presented below in sections 2.2 to 2.8. The detailed service contents described on the website apply. Upon conclusion of the web hosting contract, the customer can activate or use the digital products or services presented in the service description in whole or in part in accordance with these terms and conditions and the supplementary business conditions.

2.2 Web Hosting, Server

2.2.1 NMM provides the customer with a web hosting package or web hosting tariff for use on an internet- connected web server (virtual web server, "shared server") for the duration of the contract. This is done through NMM's technical infrastructures. The web hosting package allows the customer to store (possibly personal) information, maintain and manage it, as well as electronically transmit this information to and from these data storage locations. The web hosting package enables the customer to have an internet presence by providing (publishing) content and services and allowing third parties to access these contents and services of the customer. The customer creates, stores, maintains, and deletes the content on the storage spaces provided by NMM in accordance with the contract at their sole responsibility. In special server tariffs, which can only be used by one customer each, NMM manages and monitors the web server ("managed server").

2.2.2 Through a software installer, NMM enables the customer to install and use a selection of available open-source software programs on their storage space. The customer receives a non-exclusive, time-limited right for the duration of the contract to use the software functionalities associated with the web server in accordance with these terms and conditions and the licensing terms of the respective software providers. The customer does not receive any additional rights.

2.2.3 With their web hosting package or web hosting tariff, the customer receives free storage space (web space) on NMM's servers for storing their own content. The storage space can be dynamically expanded at a cost by the customer in most packages or tariffs (tariff change).

2.2.4 NMM allows the customer to upload their own scripts for various scripting languages. NMM does not promise that all functionalities of the scripting languages are usable. NMM expressly reserves the right to restrict the use of customer scripts that lead to above-average server load or operational disruptions.

2.3 Mailboxes

2.3.1 Using a domain, the customer can create mailboxes to receive or send emails. Access to the mailbox is possible with common email clients using the protocols POP3 (Post Office Protocol, Version 3) and IMAP4 (Internet Message Access Protocol, Version 4). Additionally, the customer can manage emails under a domain via a web browser (webmail service).

2.3.2 To block spam emails (unwanted electronic mail), the customer can select and use pre-configured anti-spam applications (filters) provided by NMM. The filter distinguishes between spam and non-spam emails. The method chosen by NMM does not allow any conclusions to be drawn about the actual text content of the emails. Despite constant updates and improvements to the spam filter, NMM cannot guarantee a correct distinction between spam and non-spam emails.

2.3.3 If the customer's outgoing emails are classified as spam, NMM may refuse to send the respective email. Furthermore, NMM is entitled to block the customer's mailbox for sending emails. The customer will be informed about the block. The customer can change the spam protection settings for incoming emails via the webmail service, but not for outgoing emails.

2.3.4 A mailbox virus protection automatically checks all incoming emails in the customer's mailbox, including all attachments, for known harmful codes, such as viruses, worms, and trojans. Despite regular updates to 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 course of technical developments.

2.4 Domain Service

2.4.1 Services

2.4.1.1 In the domain service, NMM takes over registration services for the customer. Upon acceptance of the order for a web hosting tariff by the customer, NMM initially arranges for the registration of the internet domain desired by the customer in the relevant registration database. This is done for the desired registration period, provided the domain is still available and its registration is permissible. NMM organizes this domain registration within the framework of the regulations of the national and international domain name system (DNS) and makes the necessary declarations on behalf of the customer. NMM usually informs the customer via email about the successful registration of the domain, thus making the domain name available. The information about the registration of the domain name may also be provided in another way specific to the product. NMM manages the registered domain for the customer, particularly through the timely payment of registration fees.

2.4.1.2 NMM provides the services in the domain service, particularly the provision of registration services (registration and management), in a unified contractual relationship with the web hosting tariff package ordered by the customer. Consequently, the customer cannot independently order, cancel, or partially revoke individual services from a web hosting tariff package without the customer's declaration affecting the entire web hosting tariff. Notwithstanding this, the customer can order or terminate additional services in their tariff, provided this is permissible through the administration of their customer account.

2.4.2 Involved Parties: When registering an internet domain, several independent and autonomous service providers regularly collaborate. For each domain extension (Top-Level Domain, "TLD"), there is a central allocation body ("Registry") that maintains the authoritative database of all domains registered under that TLD (for example, DENIC eG for ".de", EURid for ".eu", or Verisign for ".com"). The Registry operates this database either itself or commissions a technical service provider ("Registry Operator") to do so. The registration of individual domains does not occur directly with the Registry but through an approved company ("Registrar"). NMM therefore offers registration services to the customer as a sales partner ("Reseller") of an approved Registrar. In the aforementioned DNS system, the customer is granted the usage rights to the registered domain by NMM. In the DNS system, the customer entered in the registration database is referred to as "Registrant," "Domain Name Holder," or "Domain Owner."

2.4.3 Contract Design: Registration Contract as Mediation or Own Business

2.4.3.1 The contractual relationship between NMM and the customer resulting from the entry of the domain in the registration database (registration contract) varies depending on the chosen TLD for each respective domain.

a) For numerous country-specific domain extensions (Country Code Top-Level Domains, "ccTLDs," including ".de," ".eu," ".at," ".ch," ".nl," or ".uk"), the respective Registry stipulates that the registration contract is concluded directly between it and the customer for the limited domain usage rights. In these cases, NMM acts solely as an intermediary and authorized representative of the customer, making all necessary declarations for the registration, management, renewal, or deletion of the domain on behalf of the customer to the Registry or the Registrar appointed by it. NMM commissions the registration of domains as an intermediary or authorized representative within the framework of a business procurement relationship for the customer.

b) For generic Top-Level Domains (gTLDs) and other TLDs where the Registry does not provide for a direct registration contract with the customer, NMM concludes the registration contract in its own name with the respective Registrar. On this basis, NMM grants the customer the limited usage rights to the domain. In this case, NMM itself acts as the contractual partner of the customer for the domain usage rights.

2.4.3.2 NMM informs the customer during the ordering process which of the two contractual models mentioned in section 2.4.3.1 applies to the domain ordered by the customer.

2.4.3.3 In the event of successful registration (completion of the registration in the competent Registry), the customer becomes the owner of the domain. The entry of a domain in a registration database does not establish ownership of it. The domain owner always acquires only a limited usage right.

2.4.4 Relevant Domain Allocation Conditions

2.4.4.1 Each TLD has its own conditions for the registration and management of the domain, which are set by the respective Registry, the appointed Registrar, or – in the case of gTLDs – by ICANN ("Domain Allocation Conditions," also referred to as "Registration Conditions" or "Registration Policies"). NMM has no influence over their content. In addition to these terms and conditions between the customer and NMM, the relevant domain allocation conditions applicable to the domain to be registered also apply, which NMM makes accessible to the customer during the ordering process and keeps updated on its website.

2.4.4.2 Individual TLDs are subject to special registration requirements or restrictions (e.g., the requirement of a residence or business address in a specific country or a specific industry affiliation), the fulfillment of which NMM cannot guarantee. If the Registry therefore rejects the registration, or if the desired domain is already allocated to someone else at the time the application is received, the customer may choose another domain name. The same applies if, in the case of a provider change, the customer's previous domain provider opposes the change.

2.4.4.3 Additionally, the specific, TLD-specific domain conditions of NMM apply, the inclusion of which depends on the TLD ordered and which are communicated to the customer during the ordering process.

2.4.5 No Guarantee of Allocation

NMM does not promise within the framework of the domain services that the domain desired by the customer and commissioned by NMM from the competent Registry will be allocated or that the allocated domain is free from third- party rights, will remain valid indefinitely, or can be registered without issues immediately.

Information about the availability of a domain in the customer's order form is based on a database query from NMM at the time of the request and does not constitute a binding commitment. The domain is only assigned to the customer upon its actual registration in the registry's database. NMM has no influence over the decision of the respective registry regarding the allocation. If NMM's application for the registration of the domain is successful, the customer becomes the domain owner and can manage the domain.

2.4.6 Management of the Domain after Registration

From the moment the domain is entered into the database of the responsible registry, NMM takes over the ongoing technical and administrative management of the domain for the customer. This management service is provided regardless of whether the registration contract is structured as an intermediary transaction or as a proprietary transaction of NMM. It particularly includes:

a) the payment of the fees incurred for the domain (initial and renewal fees, "registration" or "renewal fees") on behalf of the customer to the responsible registrar or the responsible registry,

b) monitoring the expiration of the respective registration period and timely arranging for the renewal,

c) maintaining and updating the domain data to be deposited with the registry (especially owner, admin-c, and tech- c data as well as name server entries) according to the customer's specifications,

d) the technical provision and management of the DNS entries to connect the domain to the services booked by the customer (for example, for web hosting or for email),

e) carrying out the verification procedures required by the respective registry (for example, confirmation of the registrant's email address),

f) assisting in a change of ownership, a transfer to another provider (domain move or domain transfer), or the transfer of the domain to another registrar,

g) deleting the domain with the responsible registry after the termination of the contractual relationship or upon separate instruction from the customer,

h) timely payment of the respective due domain fees to the responsible registrar or the responsible registry.

2.4.7 Payment of Domain Fees

2.4.7.1 NMM pays the fees incurred for the registration and renewal of the domain to the registrar or the registry. In the internal relationship with the customer, the following applies:

a) in the case of the registration contract as an intermediary transaction: NMM pays the fees in the name and on behalf of the customer and disburses the amounts collected from the customer according to the domain allocation conditions of the respective registry,

b) in the case of the registration contract as a proprietary transaction: NMM pays the fees in its own name to the registrar. The customer owes NMM the agreed fee, which is included in the tariff chosen by the customer but is not separately listed there.

2.4.7.2 The customer's obligation to pay the fees agreed with NMM on time remains unchanged in both of the aforementioned cases.

2.4.7.3 If the customer does not pay the agreed and due fees in the tariff in which the order and management of the domain are compensated, despite reminders, NMM is entitled to refrain from renewing the domain and to notify the registrar or the registry. NMM will inform the customer in text form about the impending non-renewal and its possible consequences, such as the loss of the domain.

2.4.7.4 NMM will initiate the deletion of the domain with the responsible registry if

a) the contractual relationship concerning the domain between NMM and the customer ends without the customer having previously initiated the transfer of the domain to another provider,

b) the customer explicitly requests the deletion,

c) the responsible registry, a competent court, or a dispute resolution body orders the deletion.

In the cases of letter a), NMM will timely inform the customer before the deletion about the possibility of transferring the domain to another provider instead.

2.4.7.5 Domain loss and data loss: With the deletion of the domain, its accessibility for all services provided through it (e.g., website, email inboxes) also ends. NMM will timely inform the customer before a planned deletion to back up their own data (e.g., emails) beforehand.

2.4.8 WHOIS and RDAP Directory

NMM ensures that certain information about the registered domain is entered into the publicly queryable WHOIS or RDAP directory of the respective registry in accordance with the DNS for the purpose of domain queries. These directories are not operated by NMM. NMM has no influence over which data is required for entry from these public directories and which querying party is shown this data, i.e., disclosed.

2.4.9 Form

For all contractual declarations concerning NMM's registration service (e.g., termination, provider change, deletion), the text form is generally sufficient. However, NMM may require the form that is necessary according to the applicable domain allocation conditions.

2.4.10 Cooperation in Provider or Domain Change

NMM cooperates with its registration services in accordance with the relevant domain allocation conditions in a customer's transition to NMM or to another web hosting or domain provider ("domain transfer").

2.4.11 No Legality Check

As part of its registration services, NMM does not check whether the customer's use of a domain is permissible and lawful. In cases of obvious unlawfulness or in the event of legal violations, NMM may refuse to submit the customer's domain request to the registry.

2.4.12 Customer Obligations

2.4.12.1 In the context of the domain service, NMM acts as a reseller of an accredited registrar with its registration services and is obliged to impose obligations on the customer that arise from the national and international DNS system in the supply chain up to the registrar and the registry.

2.4.12.2 Accordingly, the customer is obliged to fulfill the following requirements towards NMM:

a) All information that the customer must provide to NMM so that NMM can deliver the registration services must be correct (truthful) and complete, provided in a timely manner and in the correct form by the customer. Reference is made to Section 4.1. If the customer provides their own nameservers, the information includes the IP addresses of the primary and secondary nameservers, including the names of these servers. The information also includes the first name and last name, postal address, email address, telephone and fax number of the administrative contact, technical contact, and billing recipient. The required details and data may vary depending on the domain extension. If additional data is required, it must be provided by the customer, especially upon request from the registrar or the registry. The customer must promptly inform NMM of any changes to this information, no later than within seven calendar days, so that NMM can forward these changes to the registration database in the DNS system.

b) The customer is obliged to cooperate to a reasonable extent in the ordering, transfer, and deletion of domains, the modification of entries in the registry databases, and when changing providers and registrars, beyond the obligations from letter a).

c) The customer must promptly inform NMM of verification requests from NMM or verification requests from the registry in the DNS system regarding the accuracy (truthfulness and timeliness) of the information in letter a), no later than within fifteen calendar days. Those acting in the DNS system are obliged to verify the domain owners based on various legal grounds.

2.4.12.3 A culpable violation of the obligations from Section 2.4.12.2 letters a) to c), particularly with regard to change notifications and verification requests, entitles NMM to refuse registration, suspend the use of the domain, or terminate the contractual relationship for good cause.

2.4.12.4 Registries may deactivate the domain of the domain owner in the nameserver if a verification of the domain owner's data does not establish its accuracy and completeness, and if the domain owner fails to prove the accuracy and completeness of this data or to correct the data and provide such proof for the corrected data within the specified period upon request from the registry.

This leads to all services under the domain (e.g., websites, emails, file transfer) no longer functioning.

2.4.12.5 If the customer allows a third party to use the domain without disclosing this to NMM, the customer remains responsible to NMM in the event of unlawful use of the domain.

2.4.13 Customer's obligation for legal compliance

2.4.13.1 The customer guarantees to NMM that the information provided by him in accordance with 2.4.12.2 a) is correct, that he selects the domain for which he uses NMM's registration services to the best of his knowledge and belief, that its use does not violate any third-party rights, and that the domain is not registered for illegal purposes and its use does not violate applicable law.

2.4.13.2 The customer must not misuse the domain; in particular, no domain names with illegal or immoral character may be commissioned for registration through NMM. This includes, in particular, domain names that serve to incite hatred in the sense of §§ 130, 130a, and 131 of the German Criminal Code, incite criminal offenses, glorify or trivialize violence, are sexually offensive, are pornographic in the sense of § 184 of the German Criminal Code, are suitable to seriously endanger the moral well-being of children or adolescents or impair their welfare, or could damage the reputation of NMM.

2.4.13.3 Disputes over rights to a domain name are to be settled directly between the customer and third parties, possibly through national and international dispute resolution procedures. The involvement of NMM in these disputes and proceedings is not part of NMM's domain services.

2.5 Certificate Service

2.5.1 NMM mediates Let’s Encrypt certificates from third-party providers so that the customer can quickly and easily encrypt the data traffic between the browser and web server by activating HTTPS (SSL/TLS). Let’s Encrypt is a free, automated, and open certificate authority. These certificates are offered free of charge by the non-profit certificate authority Internet Security Research Group. NMM, as a mere intermediary, has no influence on the issuance of certificates, the duration of validity, or the maintenance of the free service.

2.5.2 NMM provides the customer with paid validated certificates from third-party providers for different purposes, so that the customer can encrypt his websites (his domain) with a validated certificate. Validated certificates confirm through an issuing authority that the respective domain and the certificate form a unit and that the domain owner has verified himself with the issuing authority. NMM, as a mere intermediary, has no influence on the issuance of certificates or the duration of validity.

2.6 Website and Web Builder kas

2.6.1 Creating a web builder kas allows the customer or an authorized user to easily create their own website using design templates from NMM without programming knowledge. The customer can publish this website via NMM's technical infrastructure services on the internet under the customer's domain and the storage space used by him at NMM. Access to the websites is optimized for both PC and smartphone or tablet computers.

2.6.2 The customer receives the non-exclusive, time-limited right to use the software associated with the web builder kas with all programmed display functionalities for the duration of the web hosting contract or server contract. The customer does not receive any further rights.

2.6.3 The customer is obliged to label any website that he has stored through NMM and makes accessible to third parties via NMM's servers, i.e., publishes, with the content provided as his own content, indicating his full name and address, or to transparently designate a third party as responsible, who actually and demonstrably assumes responsibility for the website. This is independent of any legal labeling obligation, e.g., in the case that digital services are offered under German law. The customer indemnifies NMM from all claims based on a violation of the aforementioned obligations.

2.6.4 If there is no legally required labeling of who assumes responsibility for the website provided by the customer or made available through his contract with NMM, or if this is incorrect, particularly through 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 anyone who credibly demonstrates a legitimate interest in the disclosure of the responsible person due to unlawful content on the affected website.

NMM must have a legitimate interest that outweighs the interests of the customer in disclosing customer data to a third party in these cases. NMM is also entitled to block access to the website and does not lose the right to payment of the remuneration in this respect. NMM will generally inform the customer via the registered email contact before taking the aforementioned measures.

2.7 Customer Service/Support

2.7.1 NMM has established a customer service as telephone user support (phone support). The language used here is German. The customer service answers the customer's questions regarding their contracts and accounts as well as the use of the agreed services through advice and support. If necessary, customer service may also be provided via the sending of emails (email support).

2.7.2 NMM will agree on a separate fee with the customer if the customer requests planning work or monitoring services or technical interventions in programmed software or codes.

2.7.3 The availability times of the customer service are published on the NMM website. A question/answer user support (FAQ) for many already generally raised questions can be found by the customer on the NMM website.

2.7.4 The customer service does not promise any legal advice in individual cases, i.e., NMM is not obliged to provide information or advice on its specific matters that are foreign to NMM. The customer is particularly responsible for informing themselves through authorized service providers outside the services provided by NMM about whether they are providing unlawful content or information through the publication of their website, whether and how they are legally required to provide an imprint, comply with data protection regulations, or adhere to other legal provisions related to the publication of website content. To the extent that NMM suggests legal texts for use to the customer, these come from non-binding collections of forms and must be independently verified by the customer regarding their suitability and accuracy.

2.8 Administration/User Management

2.8.1 NMM maintains separate access areas for the customer with the MembersArea (MA) and the customer administration system (KAS) that can be managed (administered) individually. The customer can grant access rights and thus usage options to third parties, such as an administrator or other users, based on the resulting technical possibilities in NMM's digital services. These third parties are then the authorized users of MA and/or KAS or the other digital services authorized by the customer. Authorized users have different rights (roles). The granting of rights is exclusively carried out by the customer or their administrator. Granted usage options can be changed or revoked by the customer at any time.

2.8.2 Costs or liability obligations may arise for the customer due to the actions of authorized users, which may be charged to the customer by NMM, as their actions or omissions are attributable to the customer. Authorizing third parties by the customer is therefore a matter of trust. The customer should familiarize authorized users with the subject of the concluded web hosting contract and with these terms and conditions and with any supplementary or additional terms and conditions.

3 CONCLUSION OF THE CONTRACT, RIGHT OF WITHDRAWAL FOR CONSUMERS

3.1 The contract for a web hosting package in the chosen web hosting tariff is generally concluded in electronic commerce - online - for the web hosting, server, and domain services offered by NMM through its internet presentation, by the customer ordering the services offered by NMM on a non-binding basis in a system provided by NMM on the website, and NMM accepting the customer's order through an order confirmation. The payment, delivery, and service conditions are based on the web hosting package selected by the customer and are otherwise derived from these terms and conditions, which become part of the customer's declaration of contract during the ordering process and with the validity of which the customer must agree. The currently applicable terms and conditions are published on the website. With the order confirmation, the customer receives an order overview with the selected tariff, the terms and conditions that are included in the contract conclusion at the time of receipt of the order confirmation, as well as the cancellation form for consumers in PDF format. The customer can store these documents at any time in a retrievable form. There are no delivery restrictions, except that the domain ordered by the customer may not be allocated by NMM through the domain registry; NMM will inform the customer as soon as possible if this is the case, in order to possibly provide an alternative domain.

3.2 The following technical steps lead to the conclusion of a contract when ordering web hosting packages in electronic commerce: The customer selects a web hosting package (or a web hosting tariff) described on the website. A "Order" window opens with various tabs of an order form for data entry, namely Domain, Data, Payment, Order Overview. The "Desired Domain" must be specified first. It is technically checked immediately whether this is still available. However, this does not mean that it can also be successfully allocated. If the customer wishes to switch to NMM with an already existing domain, they can continue the process with "Continue without Domain." This is also possible if the customer wants to order without selecting any domain. After entering personal data for the contracting party 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. After entering the bank details for granting a SEPA direct debit mandate to NMM and providing the email address for receiving invoices, the customer sees all their entered information about the product and the prices for it in the "Order Overview." The customer must agree to the inclusion of the General Terms and Conditions and must expressly request as a consumer customer that NMM begin providing the services before the expiration of the 14-day right of withdrawal granted to the customer under § 312g Abs. BGB from the day of contract conclusion (formation of the contract) and confirm their awareness that their right of withdrawal expires only upon complete fulfillment of the contract by NMM. If the customer does not make any corrections to their order, clicking the "Order with payment obligation" button will send a binding offer for a contract to NMM. The customer will immediately see an order confirmation displayed on the website and will receive the order confirmation, the General Terms and Conditions, and a withdrawal form via an order confirmation email. The acceptance of the contract offer ("Order Confirmation") by NMM occurs via another email. With the receipt of the order confirmation by the customer, the contract is concluded. The customer then has an "Account" linked to a customer number. The "Account" must be activated by the customer using an activation code communicated via SMS or postal letter. Only the German language is available for the conclusion of the contract.

3.3 Every entry made by the customer is visible in the input mask and can be corrected within the respective order step. The customer can always move forward and backward in the order to make corrections. Occasionally, the customer will receive a prompt "Check your entries in the highlighted fields" for implausible or missing entries.

3.4 The customer is bound to their order (binding offer) of services according to section 3.1 for a duration 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 begins only with the activation of the customer's access (account).

3.6 Access to the contract text: NMM does not create a contract text for the services that NMM provides or makes available based on the orders. After the conclusion of the contract, NMM stores the order as well as the order confirmation and contract acceptance (order confirmation). The customer can see what they have ordered in the order overview created by NMM before placing the order. The customer can print this order overview and download it to their used end device. A confirmation of the concluded service contract as well as the General Terms and Conditions underlying the contract will be provided to the customer with the transmission of the order confirmation as a PDF document. In the MembersArea (MA), the customer can view the web hosting package (or web hosting tariff) underlying their contract with the service features under the section "Contract Management" / "Tariff Details." Under the section "Master Data" / "Order Processing," the customer can view and download the electronically concluded order processing contract to their end device.

3.7 Right of withdrawal for consumers

Consumer customers have a statutory right of withdrawal regarding the services of NMM according to § 312g Abs. 1 BGB. For this purpose, NMM informs with the statutory withdrawal instruction and the statutory withdrawal form as follows:

3.7.1 Right of Withdrawal Information

3.7.2 Withdrawal Form

3.7.3 In the event that the consumer has expressly requested that NMM commence the (service) performance before the expiration of the 14-day right of withdrawal to which the consumer is entitled under § 312g para. 1 BGB from the day of the conclusion of the contract (formation of the contract) and has confirmed to NMM that his right of withdrawal will only expire upon complete performance of the service by NMM (legal consequence from § 356 para. 4 no. 2 BGB), the consumer must pay NMM an appropriate amount that corresponds to the proportion of the services already rendered up to the point at which he informs NMM of the exercise of the right of withdrawal regarding this contract in relation to the total scope of services provided for in the contract.

3.7.4 NMM reserves the right not to accept an order for reasons of contractual freedom on a case-by-case basis.

4 DUTIES AND OBLIGATIONS OF THE CUSTOMER, PROHIBITIONS, COMMUNICATION

4.1 Obligation to Identify the Customer

4.1.1 The customer is obliged to provide all information necessary for the establishment of the contractual relationship or for changes or termination of the contractual relationship accurately (truthfully) and completely, in a timely manner and in the correct form to NMM (contract data). They must identify themselves; anonymous use of NMM's paid services is generally not possible.

4.1.2 The contract data includes, in particular, the customer's name, their postal address (street address, P.O. box address is not sufficient), email address, telephone number, fax number (if available and used), as well as their bank details, if applicable, the associated data for a direct debit mandate. If the customer is not a natural person, but rather a business or an organization, the correctly written name must also include the name of the natural person authorized to act on behalf of this business or organization.

4.1.3 The customer must notify NMM of any changes to the contract data immediately, but no later than within seven calendar days. In the DNS system, NMM must promptly forward the changes of relevant data to the registration database.

4.1.4 The customer must keep the email address provided to NMM functional on storage systems that are not NMM's storage systems, so that the customer can be reached by NMM at any time via this communication address. The email address must not correspond to a domain name of the customer that the customer has managed through NMM's domain service. If this domain name is unavailable to the customer for any reason, email communication under this domain name will also no longer function.

4.1.5 The customer must regularly check the inbox of the email address provided to NMM (including the spam folder). The email address is the primary means of communication from NMM to quickly provide the customer with important information regarding their contract and the availability of the digital services provided by NMM.

4.2 Verification of Customer Data

4.2.1 NMM is entitled to verify the data provided by the customer according to Section 4.1 (in particular, the customer's identity and contact details as well as – in the case of legal entities or associations – the identity and authorization of the acting natural person) for accuracy and completeness (verification). The verification is at the discretion of NMM and can be carried out in particular at the conclusion of the contract, when changing essential contract data, as well as on a case-by-case basis during the ongoing contractual relationship.

4.2.2 As part of the verification, NMM may request the customer to provide suitable evidence to confirm the data they have provided. The type and extent of the requested evidence depend on the specific occasion and the risk assessed by NMM in good faith; they may particularly include:

a) official photo identification (e.g., identity card, passport) for natural persons,

b) current extracts from public registers (in particular commercial registers, association registers) as well as proof of representation for legal entities or associations,

c) Postident procedure

d) other suitable documents or procedures that enable a reliable assignment of the provided data to the person or organization of the customer.

NMM will process the submitted documents for verification purposes and the insights gained from them solely for the purpose of verification and contract fulfillment, as well as within the framework of legal retention obligations.

4.2.3 The customer is obliged to comply with a request for verification according to section 4.2.1 within the reasonable time frame set by NMM. If the customer refuses to cooperate or cannot provide the requested evidence within the set time frame, NMM is entitled to suspend the provision of the agreed services until the cooperation obligation is fully met. If the examination reveals that the provided data is incorrect or incomplete and these are not corrected immediately, NMM is additionally entitled to terminate the contractual relationship for good cause.

4.2.4 The customer is obliged to promptly confirm the communication channels made available to him (in particular, the confirmation of his email address according to a double opt-in procedure used by NMM). Without this confirmation, NMM is not obliged to send contract-relevant information or provide the ordered services.

4.3 Passwords, 2-Factor Authentication

4.3.1 The customer will receive a one-time password upon order confirmation if he has not already chosen a self- selected or suggested password during the order. The customer should change the first password upon first accessing MembersArea.

4.3.2 If a customer or an authorized user wishes to log into the customer account, authentication is done using a username and password (MembersArea: using MA password, customer administration system: using KAS password). NMM offers a 2-factor authentication, usually via an additional authentication code, e.g., via SMS.

4.3.3 The password must be protected by the customer from unauthorized access by third parties. For security, the customer should change his passwords upon first activation of his customer access (account) and thereafter at regular intervals. If there is reason to suspect that unauthorized persons have gained knowledge of the access data, the customer must change it immediately. Access data should only be stored in encrypted form on electronic storage media (e.g., PC, USB stick, and CD-ROM) by the customer.

4.3.4 Multiple incorrect entries of a password may lead to a suspension of usage options for the protection of the customer.

4.4 Support Contacts

NMM will generally require individuals who request support services, especially via telephone, to verify their identity using methods deemed suitable by NMM, unless the support request concerns general topics that can occur without communication regarding information from the customer account.

4.5 Customer's Obligation to Backup

The customer's own information and content stored on the storage spaces provided by NMM must be backed up by the customer at regular intervals on their own storage media, outside of NMM's services (storage spaces). In particular, the customer's own information and content in mailboxes activated by the customer must be regularly backed up by the customer on local computers. The customer is also required to independently back up their other own information and content. This particularly applies – also for the purposes of any potential tax or other legal retention obligations of the customer – to emails in the mailboxes (mailboxes) provided by NMM in accordance with the contract. "Own information and content" refers to data storage that arises from the customer's usage actions on previously empty storage spaces in NMM's systems.

4.6 Traffic Limitations

The customer is obliged not to exceed the quantitatively limited inclusive services (traffic limitation, volume, storage space sizes) unless an exceeding is contractually agreed upon. In the event of an exceeding, the customer will be requested in writing to remedy the exceeding within a set deadline. If this does not occur, NMM will classify the customer into the next higher tariff at a correspondingly higher fee. Alternatively, NMM is entitled to terminate the contractual relationship extraordinarily with a notice period of one week.

4.7 Third-Party Usage Restrictions

The customer may not perform any actions on the storage space provided to them that would impair the internet presence or usage options of other NMM customers, the stability of the server, or its performance and availability. It is prohibited to send mass emails, operate a mail service, newsletter service, or download server by third parties when using NMM's shared servers, i.e., hosting where multiple customer storage spaces are technically maintained on the same server, particularly running programs and scripts that place extreme demands on the server (e.g., chat, pagerank services, banner exchange and toplist systems), overloading databases with excessively many requests or an excessively high data volume, excessively accumulating files (in terms of file size and/or number), as well as operating free services by third parties (e.g., counter service, free email service, guestbook service, short URL service). Only the integration of a chat into the website is allowed (e.g., IRC chat), but no chat that is installed or stored on NMM's servers.

4.8 SPAM Prohibition

NMM's services may not be used by the customer to send unsolicited emails for advertising purposes (mail spamming) or to send messages for advertising purposes (news spamming) to third parties. It is not permitted to send threatening or harassing messages to third parties or to enable unauthorized retrieval of information or unauthorized intrusion into data networks. If the customer sends spam emails, NMM is entitled to temporarily block the electronic mailboxes.

4.9 Malicious Code

If facts justify the assumption that an email from the customer's mailbox contains harmful code (computer viruses, worms, or trojans, etc.), if sender information is incorrect or obscured, or if it is unsolicited or obscured commercial communication, NMM may identify such emails and restrict or prevent their transport.

4.10 Age Rating

The customer is not permitted to provide content or information for publication by NMM that can be classified as "FSK 18" content, meaning films and games that cannot be approved for children and adolescents according to the provisions of the Youth Protection Act of July 23, 2002 (BGBl. I S. 2730) in its currently valid version.

4.11 No Transfer to Third Parties

The customer is not permitted to transfer NMM's services, whether for a fee or free of charge, especially web space, unless the customer is an authorized reseller of NMM.

4.12 Blocking

4.12.1 NMM is entitled to partially or completely block its services if its technical systems operate or respond differently from normal operational behavior and thereby impair the security, confidentiality, availability, integrity, and resilience of the systems, networks, programs, applications, scripts, apps, files, and data of NMM, other NMM customers, as well as third parties involved in NMM's services, or if objective evidence gives rise to suspicion of such impairment. This also applies to so-called denial-of-service attacks on NMM's IT systems, which the customer either executes themselves via their server or for which the customer's server is used (possibly abused) by third parties.

4.12.2 During the period of blocking the customer's usage options due to prohibited usage actions by the customer, particularly due to illegal content provided by the customer or due to violations of the obligation to maintain a legally compliant provider identification, NMM retains the right to the agreed remuneration.

4.13 Communication with the Customer

Information from NMM to the customer regarding the conclusion of the contract, contract processing, particularly invoicing and dunning procedures, including contract termination (cancellation), is generally provided in text form. Only in exceptional cases or in cases of a legal obligation does NMM create texts in written form and send them to the customer's most recently provided residential or business address.

5 CUSTOMER RESPONSIBILITY FOR DOMAIN AND INFORMATION

5.1 The customer is responsible under general laws for the domain itself as well as for all information and content that the customer holds or stores on their storage spaces, particularly those accessible or stored via their published website (especially data, graphics, images, music pieces, videos, or other information that can be accessed or distributed through the technologies provided by NMM). This may also include foreign laws.

5.2 If the customer publishes their website created with the web builder kas or if this is done by an authorized user who has received the corresponding access rights, the customer, as a service provider, is subject to various legal regulations and responsibilities. Service providers based in Germany must keep information easily recognizable, directly accessible, and constantly available for commercial telemedia typically offered for a fee, for example, the information according to § 5 DDG (Digital Services Act) (so-called "Impressum").

5.3 Insofar as the customer processes personal data within the meaning of Art. 4 No. 1 of the General Data Protection Regulation (GDPR) via their website and is the "controller" within the scope of the GDPR according to Art. 2 GDPR, only the customer bears the information obligations under Art. 13, 14 GDPR (so-called "data protection notices" or "data protection information") in conjunction with any additional regulations of their respective national data protection law. NMM acts only as a processor in this context and is not obligated to provide this information to the data subjects of the data processing.

5.4 It is the customer's responsibility to ensure that they or the authorized user provides all other necessary mandatory information on the published websites. Failure to comply may result in civil and criminal consequences. The customer is solely responsible for adhering to these obligations. If NMM provides templates and samples for legal texts, these must be individually reviewed by the customer or the authorized user before use. NMM strives to design the legal texts to be correct in as many cases as possible, but does not assume responsibility for their suitability or legal compliance for individual use.

5.5 In their internet presence, which is published via NMM's storage spaces, the customer must observe national and international copyright and trademark, patent, name, and sign rights, as well as other industrial property rights and personal rights of third parties.

5.6 Information and content that pertain to services or goods for which a special official permit is required under general laws may only be posted or distributed if the customer is in possession of a valid permit for this purpose.

6 REGULATION AND PROCEDURE FOR ILLEGAL CONTENT BY USERS

6.1 Terrorist Online Content

6.1.1 NMM, as a hosting service provider, is obligated under Regulation (EU) 2021/784 of April 29, 2021, to combat the misuse of its hosting services for terrorist online content, insofar as its customers, as content providers, commit terrorist offenses as defined in Article 3 of Directive (EU) 2017/541 or publish terrorist content as defined in Article 2 No. 7 of Regulation (EU) 2021/784, for example, on their websites.

6.1.2 Upon receiving a removal order from the Federal Criminal Police Office under Article 3 of Regulation (EU) 2021/784, NMM will generally remove terrorist online content or block access to it within one hour. NMM has established a complaint procedure that allows content providers, whose content has been removed or blocked due to specific measures under Article 5 of Regulation (EU) 2021/784, to file a complaint against the removal or blocking and to request the restoration or unblocking of the content.

6.1.3 If NMM removes or blocks terrorist content, it informs the affected customer (content provider of prohibited information) about the removal or blocking of this content and, upon the customer's request, shares the reasons for the removal or blocking as well as the options for contesting the removal order or provides the customer with a copy of the removal order from the Federal Criminal Police Office. The aforementioned information is not provided if the Federal Criminal Police Office, which issued the removal order—considering proportionality and necessity—decides that, for reasons of public safety, such as the prevention, investigation, detection, and prosecution of terrorist offenses, no information may be disclosed for as long as necessary, but no longer than six weeks from this decision. In this case, NMM does not initially inform the customer about the removal or blocking of terrorist content. The Federal Criminal Police Office may extend this period by an additional six weeks if justified reasons persist, provided that such non-disclosure remains justified.

6.1.4 Regardless of official removal orders or official orders for specific measures under Article 5 of Regulation (EU) 2021/784, NMM does not permit the storage and publication of the aforementioned terrorist online content under any circumstances. However, NMM is not generally legally obligated to monitor the stored content or actively search for facts or circumstances indicating 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 by immediate cancellation in the event of terrorist offenses or terrorist content and refrains from doing so until a repeat occurrence at its discretion, provided that the customer guarantees and credibly demonstrates this and secures it against NMM through appropriate measures, so that the publication of corresponding content does not recur in NMM's conviction. However, upon receipt of an official removal order under Article 3 of Regulation (EU) 2021/784, NMM will generally terminate the contract without hearing the customer. NMM's right to terminate the contract with the customer by ordinary termination remains unaffected.

6.1.6 If NMM has knowledge of terrorist content that poses an immediate threat to life, NMM shall promptly inform the authorities responsible for the investigation and prosecution of crimes in the relevant member states. If it is not possible to identify the relevant member states, NMM shall notify the Federal Criminal Police Office and forward information about this terrorist content for further processing to Europol.

6.1.7 TCO Authority Contact Point: NMM publishes in the imprint of the website the contact point that enables the receipt of removal orders from the Federal Criminal Police Office electronically and ensures their prompt processing. Contact with the TCO contact point for the Federal Criminal Police Office and further communication regarding removal orders is only possible in German.

6.2 Other illegal content

6.2.1 Regardless of the qualification of the content of publications by users of NMM's services as "terrorist online content" and regardless of official orders at NMM, particularly under Articles 9 or 11 of the Digital Services Act, NMM does not generally permit the storage and publication of illegal content or illegal activities by users of NMM's services.

6.2.2 "Illegal content" is defined under Article 3 h of the Digital Services Act as all information that is not in accordance with Union law (i.e., EU law) or the law of a member state (of the EU) either as such or by reference to an activity, including the sale of products or the provision of services, regardless of the exact subject matter or nature of the relevant legal provisions. Illegal content includes, for example, illegal hate speech, terrorist content, and illegal discriminatory content. This also includes the distribution of depictions of sexual abuse of children, the illegal distribution of private images without consent, cyber-stalking, the sale of non-compliant or counterfeit products, the sale of products or the provision of services in violation of consumer protection law, the unauthorized use of copyrighted material, the illegal offering of accommodation services, or the illegal sale of live animals. In this regard, it is irrelevant whether the illegality of the information or action arises from EU law or from national law that is in accordance with EU law, what type of legal provisions are involved, and what they concern.

6.2.3 NMM is legally obligated to remove illegal content or block access to it as soon as NMM becomes aware of it. "Awareness" means actual knowledge in the sense of Article 6 of the Digital Services Act.

6.2.4 DSA Authority Contact Point: NMM publishes a central contact point for authorities in the imprint of the website, which enables the receipt of information about illegal content and communication regarding it electronically and ensures its prompt processing. Contacting the DSA authority contact point for authorities and further communication related to 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 publishes a central contact point for users of NMM's services (DSA User Contact Point) in the imprint of the website, which enables the receipt of information about illegal content and communication regarding it electronically and ensures its prompt processing. Contacting the DSA user contact point for users and further communication related to the Digital Services Act is only possible in German.

6.3 Reporting and Remedy Procedures Regarding Other Illegal Content

6.3.1 Reporting Form: To ensure that reports from users regarding individual information about allegedly illegal content according to the preceding section 6.2.5 are processed promptly by NMM in an effective and structured manner, the electronically provided reporting form via the link "Complaint Procedure" in the imprint must be used. Failure to use it may lead to significant processing delays or non-processing. Reports of potentially illegal content must be made exclusively in German and must contain the information required by the reporting form.

a) The report must be sufficiently precise. A clear indication of the exact electronic location of the information deemed illegal is required, such as the precise URL or URLs, or, if necessary, further relevant information regarding the nature of the content and the specific type of hosting service to identify (the location of) the illegal content.

b) The report must be appropriately justified. It must be explained why the person or entity in question considers the information to be illegal content.

c) The reporting person must provide their name and the email address of the reporting person or entity, unless the information is believed to relate to a sexual offense as defined in Articles 3 to 7 of Directive 2011/93/EU.

d) The reporting person must declare that they or the reporting entity are convinced in good faith that the information and references contained in the report are correct and complete.

If the report is not sufficiently precise and adequately justified, NMM may not be able to appropriately recognize and assess the allegedly illegal content and may not take action or may not act promptly through blocking or removal measures.

6.3.2 NMM will promptly confirm the receipt of a report to the email address provided in the report.

6.3.3 NMM generally does not communicate with anonymous reporters (not providing the name and first name of an existing natural person responsible for the report and available as a witness in official or judicial proceedings). NMM is entitled to request proof of identification from the reporting person at its discretion.

6.3.4 Illegal content is not automatically assessed by NMM but is always reviewed by a person. NMM is not a court or an authority. Accordingly, the review and assessment effort at NMM is limited to a restricted substantive examination of legal violations. NMM is not obliged to conduct an in-depth legal review to determine that a content is clearly illegal. If it is determined that the report (notice) of illegal content is not conclusive, NMM will generally not comply with the request for removal or blocking through remedy (take down). Upon receipt of a conclusive report, NMM will, as far as known, forward the report with all relevant information to the person or entity responsible for the illegal content for the purposes of a hearing and possibly a counter-statement in order to make a decision regarding the remedy or non-remedy. As long as legitimate interests of the reporting person do not conflict, NMM will disclose the identity of the reporting person to the person or entity responsible for the illegal content.

6.3.5 Should NMM be unable to delete a specific illegal information for technical or operational reasons or if blocking would excessively impair the freedom of expression or the freedom of information or other legitimate interests of the person or entity responsible for the illegal content, NMM will inform the reporting person and refer them to legal recourse.

6.3.6 NMM will promptly inform the reporting person of its decision regarding the reported information and point out the possible legal remedies against this decision.

6.3.7 If the examination by NMM leads to the conclusion that the information provided by the user contains unlawful content or is not in accordance with NMM's terms of use, NMM will justify the action taken against the person or entity responsible for the unlawful content, 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 pursuant to Article 17 of the Digital Services Act). The justification will include the information according to Article 17(3) of the Digital Services Act, including the legal remedies available against the action.

6.3.8 Possible measures or sanctions by NMM against the customer or user in the case of unlawful content are:

a) any restrictions on the display of certain individual information provided by the user, including removal of content, blocking access to content, or downgrading of content,

b) suspension, termination, or other restriction of monetary payments,

c) suspension or termination of the entire or partial provision of the service,

d) suspension or closure of the user's account,

e) other measures.

6.3.9 If the possible legal violation is committed through a domain, NMM may also take measures that render the domain unreachable.

6.3.10 NMM reserves the right, but is not obligated, to take the initiative to identify unlawful content and to moderate such content with the responsible user. The moderation aims to recognize and ascertain unlawful content or information and to encourage the responsible user to remove unlawful content or information without formal measures.

6.3.11 NMM will only make use of the technical possibility of fully or partially blocking the customer's access to the provided services and/or to individual unlawful information or of deleting content/information in necessary exceptional cases and will always consider the legitimate interests of the customer, as far as NMM is aware of them. If the customer does not effectively contribute to eliminating the reason for a potential block or the reason for the deletion of content, particularly by remaining silent or not responding to corresponding requests from NMM or by making it "undeliverable," NMM can generally assume that the customer does not raise any objections to the block or deletion of content.

6.3.12 The nature and extent of the blocking or deletion of content are, subject to official or judicial orders, at the discretion of NMM.

6.3.13 If a registered domain is the reason for the blocking, NMM is entitled to transfer the customer's domain to the management of the domain registrar that is the customer's contractual partner and to terminate the management of the domain while maintaining the contractual services otherwise.

6.3.14 A justified blocking or justified deletion of content by NMM does not release the customer from their obligation to pay the agreed fees, even if they do not receive the service or use it in full.

6.3.15 NMM may make the lifting of the block, insofar as it is not based on an official or judicial order, dependent on the customer demonstrably eliminating the unlawful condition and providing a penalty-laden cease-and-desist declaration to NMM to exclude the risk of repetition, as well as providing security for the payment of any future contractual penalty that may arise from this. The amount of the security corresponds to the expected costs of NMM in the event of liability claims from third parties. The amount of the penalty promise is based on the significance of the violation.

6.4 Information obligations in the event of official orders or requests for information

6.4.1 No later than at the time of complying with the order to act against unlawful content by an authority pursuant to Article 9 of the Digital Services Act or, if applicable, at the time specified by the issuing authority in its order, NMM will inform the affected user about the received order and its execution. This notification to the user includes a justification, the existing legal remedy options, and a description of the geographical scope of the order.

6.4.2 Regulations of civil and criminal procedural law are unaffected by section 6.4.1.

6.4.3 Sections 6.4.1 and 6.4.2 apply correspondingly to official requests for information pursuant to Article 10 of the Digital Services Act.

6.5 Criminal Reports

If NMM becomes aware of information that gives rise to the suspicion that a crime posing a danger to the life or safety of a person or persons has been committed, NMM reports the suspicion to the Federal Criminal Police Office and provides it with all relevant information available.

6.6 Right to Compensation

For the duration of a suspension of the customer's usage options due to unlawful content or information, NMM retains the right to the agreed compensation.

7 AVAILABILITY, RESTRICTION OF SERVICES, CHANGE OF SERVICES, UPDATES

7.1 The customer can expect an average accessibility of the servers and data paths provided by NMM up to the handover point to the Internet (backbone) of 99.0% on an annual average. Excluded from this are times when the servers are not reachable due to technical or other problems that are beyond NMM's control (force majeure, fault of third parties, etc.).

7.2 NMM is entitled to "relocate" the customer's storage spaces, particularly on virtual servers, to increase efficiency, especially to reduce the energy costs associated with usage, meaning to transfer them to other, own server storage spaces, provided that the server location remains in Germany.

7.3 Change of services: The contractually agreed services for a digital product intended for permanent provision can be changed by NMM independently of clause 7.2 even within an ongoing contractual relationship, even if the change exceeds what is necessary to maintain contractual compliance. The prerequisite is that there is a valid reason for such a change for NMM, that the customer incurs no additional costs due to the change, and that the customer is clearly and understandably informed about the change. A change to the digital product that significantly impairs the customer's access to the digital product or the usability of the digital product for the customer may only be made by NMM if the customer is informed in advance within a reasonable period before the change using a permanent data carrier (e.g., in text form via email). The information must include details about the characteristics and timing of the change as well as the customer's rights under § 327r BGB to terminate the contract.

7.5 Update of Services: NMM ensures that the customer is provided with updates necessary for maintaining compliance during the relevant period of providing digital products, and that the customer is informed about these updates. Required updates also include security updates.

8 COMPENSATION, PAYMENT TERMS, PRICE CHANGES

8.1 The prices displayed on the NMM website are prices including German value-added tax. The amount of the statutory value-added tax is displayed with the final price. Customers with their residence or registered office 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 different tax rates. Additional delivery and shipping costs as well as taxes or costs that are not paid through NMM do not apply. These are total prices for the specified period (month/year), so the total costs related to a longer contract duration (prepayment periods) must be multiplied by the corresponding factor (1 month, 3, 6, 12) months to determine the price for the billing period.

8.2.1 For web hosting services including domain service, the customer determines a prepayment period (1 month, 3, 6, 12 months) with their order.

8.2.2 The prepayment is due upon 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 account set up for the customer dependent on the 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 is usually done via a SEPA direct debit mandate. With the SEPA direct debit mandate, the customer authorizes NMM to collect the respective due amount of the claim from NMM by direct debit from the customer's account within the framework of their order for web hosting packages (SEPA direct debit mandate). The "mandate" is the consent of the payer (the customer of NMM) to the payee (NMM) for the collection of due claims by direct debit and the instruction to their payment service provider (payment office, the customer's bank) to redeem it by debiting their payment account. The SEPA mandate can be viewed by the customer in the order overview with creditor identification number and mandate reference. The direct debit is initiated by the payee (NMM). The announcement of the collection (pre-notification) is made at least 5 working days before the direct debit is claimed, usually with the invoicing. The collection by NMM occurs at the earliest 5 working days after the invoice date. The invoice will be communicated to the customer via email to the address provided by them or in their personal configuration menu or in another agreed manner and can be retrieved there. The customer must ensure sufficient coverage in the specified account so that the due amounts can be collected. Instead of the SEPA direct debit mandate, NMM may require payment in advance by bank transfer, usually for 12 months in advance.

8.2.4 For each direct debit that is not honored or is returned, the customer must reimburse NMM for the costs incurred to the extent that they are responsible for the event causing the costs.

8.3 The customer will receive an invoice or calculation of the agreed and due remuneration only in an electronic format that complies with legal requirements. There is no entitlement to receive an invoice in paper form.

8.4 In the event of the customer's default on their due payment obligations, NMM is entitled to block the customer's access to the storage media provided by NMM. NMM will inform the customer of this consequence of their payment default in a reminder, which will be sent via email to the last email address provided by the customer or communicated to them in another way. If the reminder cannot be delivered by email, NMM is entitled to temporarily block access immediately. In the event of the customer's default, the customer's payment obligation continues despite blocked access.

8.5 The customer incurs no costs for the use of the means of remote communication used for the conclusion of the contract that exceed their costs for the mere use of the means of remote communication (customer's telecommunications charges).

8.6 NMM is entitled to adjust the prices payable under the contract based on the development of the total costs that are relevant for calculating the agreed price. The customer can have this reviewed in court according to § 315 Abs. 3 BGB.

8.6.1 The adjustment is made at the reasonable discretion based on § 315 of the German Civil Code (BGB).

8.6.2 The total costs consist in particular of costs for technology, technical services, customer support costs (e.g. for service hotlines, billing and IT systems), personnel and service costs, energy costs, overhead costs (e.g. for administration, marketing, rents, interest). In the case of unilateral performance determination by NMM, only changes in costs that are relevant for price determination according to sentence 1 are to be considered.

8.6.3 A price increase is possible and a price reduction must be made if the total costs increase or decrease.

8.6.4 Increases in a cost type, e.g. technology costs, may only be used for a price increase to the extent that there is no offsetting by decreasing costs in other areas. In the case of cost reductions, NMM must reduce prices to the extent that these cost reductions are not offset by increases in another cost type. When exercising reasonable discretion, NMM will choose the respective times for a price change in such a way that cost reductions are not calculated according to less favorable standards for the customer than cost increases, meaning that cost reductions will become price-effective at least to the same extent as cost increases.

8.6.5 Changes in prices will be communicated to the customer in text form at least six weeks before their planned effectiveness. In the event of a price increase, the customer has the right to terminate the contract in text form without observing a notice period at the time the price adjustment takes effect. NMM will specifically point this out to the customer in the change notification.

8.6.6 Regardless of the above provisions, NMM is entitled in the event of an increase in the statutory value-added tax and is obliged in the event of a decrease to adjust prices accordingly at the time of the respective change. The customer has no right to terminate the contract due to such a price adjustment.

9 FREEDOM OF CONTRACT

NMM is free to enter into contracts with customers but will not exclude any user from entering into a contract for reasons that the General Equal Treatment Act (AGG) identifies as prohibited discrimination. NMM is not obliged to justify the refusal of a contract to anyone who wishes to become a contractual partner of NMM and is not limited to reasons based on the misuse of NMM's services or attempts thereof. If NMM has reason to believe that a rejected applicant is attempting to enter into contracts again, NMM will maintain data that identifies the person or company of this applicant on a blacklist for as long as necessary. This applies particularly in cases where the person or company has previously published illegal content or information on NMM's storage media or has engaged in prohibited activities as per section 4.

10 RETURN OF CUSTOMER STORAGE SPACE BY DELETION

10.1 On the day the contract ends, the customer is obligated to delete or release the storage space provided to him for deletion by NMM. If the customer fails to do so, NMM is obligated to delete the storage space.

10.2 The customer is responsible for ensuring a timely backup of his data on his own storage media before the deletion is carried out according to clause 10.1.

11 OFFSETTING BY THE CUSTOMER, RIGHT OF RETENTION

11.1 The customer may only offset claims from NMM to the extent that these claims are undisputed or legally established. The assertion of a right of retention is only available to the customer due to counterclaims arising from the contractual relationship with NMM.

11.2 NMM reserves the right to only grant a customer's request to change the provider (KK request) once all undisputed outstanding claims from NMM against the customer have been settled.

12 LEGAL DEFECT LIABILITY

The services of NMM, insofar as they concern digital content or digital services from contracts with consumer customers, are subject to the statutory liability for defects under §§ 327 to 327s of the German Civil Code (BGB); otherwise, liability for defects is governed by the other statutory provisions of the BGB.

13 LIABILITY

13.1 In cases of intent or gross negligence, as well as in the absence of a guaranteed property, NMM is liable for all damages resulting therefrom without limitation.

13.2 In cases of slight negligence, NMM is liable without limitation in the event of injury to life, body, or health. If NMM is delayed in its performance due to slight negligence, if its performance has become impossible, or if NMM has violated a significant obligation, liability for resulting property and financial damages is limited to the typical foreseeable damage under the contract. A significant obligation is one whose fulfillment enables the proper execution of the contract, whose violation endangers the achievement of the contractual purpose, and on whose compliance the customer may regularly rely.

13.3 For the loss of data, NMM is liable under slight negligence only under the conditions and to the extent of clause 13.1, provided that the customer has backed up their own information and content (see clause 4.5) at appropriate intervals in a suitable form so that they can be restored with reasonable effort.

13.4 The strict liability of NMM for damages (§ 536a BGB) for defects existing at the time of contract conclusion is excluded. Clauses 13.2 and 13.3 remain unaffected.

13.5 Liability for all other damages is excluded, particularly for data losses or hardware malfunctions 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 disturbances that may arise from existing misconfigurations or older, disruptive, not fully removed drivers.

13.6 The liability of NMM for cases of liability under the Product Liability Act, the Telecommunications Act, or the GDPR remains unaffected by clauses 13.1 to 13.5.

14 CONTRACT DURATION, TERMINATION, END 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 terminated by the customer at any time in accordance with clause 14.5.

14.2 By ordering a web hosting package / web hosting tariff, the customer specifies the duration of the contract by indicating a prepayment period (1 month, 3, 6, 12 months). The month for which the respective monthly tariff is selected by the customer is calculated with 30.4375 days.

14.3 The aforementioned prepayment period begins precisely with the receipt of the order confirmation. The expiration of the prepayment period chosen by the customer is stated in the invoice.

14.4 If the prepayment period selected in accordance with 14.2 and communicated to the customer in accordance with 14.3 ends without the customer having terminated the contract, the prepayment period chosen by the customer at the time of contract conclusion will automatically renew upon the expiration of the chosen prepayment period. The customer has the option to choose a different prepayment period in the MembersArea (MA) before the current prepayment period expires, which will follow the expiring period.

14.5 Termination of the contract by the customer

14.5.1 The customer can terminate the web hosting contract at any time at the end of the chosen prepayment period and continue to use the services of NMM until the end of this period. The customer can also terminate the contract "immediately" upon receipt of the termination by NMM, thereby waiving the provision of services by NMM until the end of the prepayment period.

14.5.2 The customer can also terminate the contract extraordinarily for an important reason and declare this termination at the time of its receipt by NMM or at the end of a later date specified by him.

14.5.3 The customer's termination must be received by NMM in text form. Text form corresponds to a readable and durable declaration in which the person making the declaration is named and it is recognizable to NMM that the contract is to be terminated. Unlike written form, text form does not require a handwritten signature. Every customer has a simple termination option supported by a termination dialog with quick authentication by dialing into the MembersArea (MA).

14.5.4 NMM ensures that the consumer customer can submit a declaration for ordinary or extraordinary termination of the contract via a termination button on the website, which is constantly available and immediately and easily accessible. The termination button is clearly legible and labeled with nothing other than the words "Terminate contracts here" or with a corresponding unambiguous formulation. It leads the person wishing to terminate directly to a confirmation page that prompts and allows for the provision of information (a) regarding the type of termination and, in the case of extraordinary termination, the reason for termination, (b) for the clear identification of the terminating person, (c) for the clear designation of the contract, (d) for the time at which the termination is to end the contractual relationship, and (e) for the quick electronic transmission of the termination confirmation to the terminating person. The confirmation page contains a confirmation button, which the person wishing to terminate can use to submit the termination declaration and which is clearly legible with nothing other than the words "Terminate now" or with a corresponding unambiguous formulation. The person wishing to terminate can save their termination declaration submitted by pressing the confirmation button with the date and time of submission on a durable data carrier in such a way that it is recognizable that the termination declaration was submitted by pressing the confirmation button. NMM will immediately confirm to the consumer the content as well as the date and time of receipt of the termination declaration and the time at which the contractual relationship is to be terminated by the termination electronically in text form.

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 dialog available there and can still download or otherwise secure data before the termination takes effect.

14.5.6 With the time of the termination taking effect, the possibilities for the customer to use the deliveries and services from NMM under the web hosting contract under the terminated customer contract number end. At the time the termination takes effect, NMM will delete the data stored by the customer at NMM as well as their settings (configurations). The email inboxes, databases, forwarding, and storage space for websites (web space) created in the terminated contract will no longer be available. The customer can no longer send and receive emails under the domain they ordered; the connection from the internet to a customer's website on their storage space is no longer possible.

14.5.7 In the case of ordinary immediate termination, the customer will not be refunded any unused advance payments. If there is a reason for termination for an important reason, NMM will promptly refund the customer the proportionate prepaid fee portions up to the end of the advance registration period, provided that the customer has presented the reasons for an important reason. The end of the advance payment period chosen by the customer can be found on the last invoice.

14.5.8 In the event that the customer terminates at the end of the current advance payment period, they must declare the termination no later than 7 calendar days before the end of the advance payment period. If the termination is received later, the customer must pay the fee for the subsequent advance payment period to NMM; the claim for the contractual services no longer exists due to the termination. The customer is therefore obliged to ensure that the termination requirements are met in good time so that the extension of the contract and the due date for a new advance payment do not occur. The end of the advance payment period chosen by the customer can be found on the last invoice.

14.5.9 Until the time of the termination taking effect specified by him, the customer must download all data stored on NMM's storage systems and secure emails on their own local storage spaces, as NMM will irrevocably delete all content stored for the customer on NMM's storage spaces (website content, database content, emails, software programs, settings) after the termination takes effect. NMM will carry out the deletion immediately upon termination of the contract, unless otherwise agreed, such as possibly due to a contract for the processing of personal data on behalf.

14.5.10 If the customer has not deleted or transferred active domains or moved them to another domain provider by the time the termination they specified becomes effective, the domain will be deleted by the domain registry through NMM, which may result in the irrevocable loss of the domain for the customer. NMM will cease the management of the domain at the time the termination becomes effective and will inform the domain registry of this. As a result, the domain will switch to the self-management of the responsible domain registry for which NMM has facilitated the affected domain contract. For the further contractual relationship with the customer, only the domain registry will then be responsible in accordance with the respective registration regulations.

14.5.11 In the event that the customer wishes for their domain(s) to be transferred to another web host or domain provider as part of their termination, the customer will receive a code ("Auth-Code") sent to them or transmitted via their secure user account (MembersArea), which must be activated by the new provider for the transfer. For this purpose, NMM provides convenient functions in MembersArea. If the new provider fails to take over (so-called "connectivity coordination"), the domain will remain under the management of NMM, provided the customer does not terminate the contract for this/these domains. It is the customer's responsibility to organize the transfer before their termination becomes effective.

14.5.12 If the customer maintains multiple contracts with NMM (multiple customer or contract numbers), they may also limit their termination to individual customer or contract numbers. They must declare this accordingly, i.e., select the termination corresponding to the desired contract.

14.6 Termination of the contract by NMM

14.6.1 The ordinary termination of the contract by NMM is permissible in text form at the end of a calendar month with a notice period of 20 calendar days.

14.6.2 In the case of an ordinary termination by NMM, NMM does not have to refund any unused advance payments on a pro-rata basis to the customer.

14.6.3 In the case of an ordinary termination by NMM, the customer must cooperate in accordance with clauses 14.5.5 to 14.5.6, particularly regarding questions of further management of the domain(s) (deletion, transfer), otherwise NMM may return the domain(s) to the management of the domain registry.

14.6.5 A prior warning in the cases of 14.6.4 is unnecessary if it is a breach of duty that makes the continuation of the contract unreasonable for NMM, particularly because NMM would also be liable due to this breach of duty towards itself or third parties.

14.6.6 In the event of termination by NMM for good cause, the customer must cooperate in accordance with clauses 14.5.5 to 14.5.6, particularly regarding questions of further management of the domain(s) (deletion, transfer), otherwise NMM may return the domain(s) to the management of the domain registrar.

14.6.7 In the event of termination by NMM for good cause, NMM is entitled to payment for the prepaid period chosen by the customer, to the extent that the customer is responsible for the reason for the termination. To the extent that NMM is responsible for the reason for the extraordinary termination, NMM must promptly refund any unused prepaid amounts to the customer.

14.6.8 If, after an appropriate reasonable deadline set by NMM, there is no declaration or action by the customer regarding what should happen to a domain managed by NMM after termination, NMM will cease management of the domain name registered for the customer with the relevant domain registry after the deadline has expired – at the earliest on the day following the termination of the contract due to the cancellation. NMM will promptly inform the relevant domain registry of this. This may lead to the deletion of the domain name by the domain registry.

14.6.9 If, after an appropriate reasonable deadline set by NMM, there is no declaration or action by the customer regarding what should happen to the storage space still occupied by him after termination, NMM will delete the storage space after the deadline has expired. The deletion will result in irreversible data loss, unless the customer has backed up this data on a storage space unaffected by the termination.

14.7 Continuation

Unless the entire contract associated with a contract number at NMM is terminated, but rather, as far as permissible, only the deletion of one or more domains is requested or carried out, the contract shall otherwise remain in effect.

15 DATA PROTECTION

15.1 The customer alone decides on the collection and processing of third-party personal data on the storage spaces (servers) provided to them regarding the purposes (for what?) and means (with which provided applications?). The customer is the "master of the data" and the sole "responsible party" and data processor in the sense of Art. 4 No. 2 DS-GVO, provided that the processing takes place within the material scope of Art. 2 DS-GVO. NMM is obliged to process this data solely on the customer's instructions or to access it. Further details can be found in the supplementary "Contractual Conditions for Data Processing in the Web Hosting Agreement." Legal access obligations of NMM to remove or block access to potentially illegal information or content from storage spaces are unaffected by the aforementioned instruction rights of the customer. Such liability of NMM may arise particularly from the Digital Services Act in the case of illegal content or information provided by customers on websites that NMM stores on behalf of the customer.

15.2 Without including the supplementary "Contractual Conditions for Data Processing in the Web Hosting Agreement," the customer cannot standardly conclude a web hosting contract with NMM. Thus, the customer fulfills their data protection responsibilities for the processing of personal data initiated by them as soon as they use web hosting products or services from NMM within the scope of the DS-GVO after the contract is concluded. The same applies to NMM. The customer can also initiate the conclusion of a data processing agreement in the MembersArea (MA) under the section Master Data/Data Processing in an electronic format.

15.3 The contractual conditions for data processing in the web hosting agreement are pre-formulated by NMM and are not individually negotiated because NMM offers standard products. The contractual clauses pre-formulated by NMM correspond to the text of the Implementing Decision (EU) 2021/915 of the Commission of June 4, 2021, and thus comply with the legal requirements from Article 28 (3) and (4) of the DS-GVO.

15.4 The customer has the option to object to the use of the supplementary "Contractual Conditions for Data Processing in the Web Hosting Agreement" in text form to NMM if they believe that they are using the deliveries and services within the concluded web hosting contract and are not having any personal data processed by NMM or are only engaging in activities outside the material scope of Art. 2 DS-GVO. NMM will check after receiving such an objection whether it agrees to the cancellation of the applicability of the "Contractual Conditions for Data Processing in the Web Hosting Agreement." The customer must justify their objection; NMM does not provide legal advice to the customer in this regard.

15.5 Upon termination of the web hosting contract, NMM is no longer entitled to retain the contents stored on the storage spaces and applications (file systems) of the customer, particularly 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 technically view all (personal) data of the customer stored on the servers at any time.

The customer is aware that other participants on the internet may, under certain circumstances based on illegal practices, be technically capable of unauthorized interference with network security and controlling data traffic. The customer is fully responsible for the security and protection of the data stored on NMM servers, possibly through the encrypted storage of data.

16 COMPLAINT OPTIONS AND CODE OF CONDUCTS

16.1 NMM is responsible for complaints on its own behalf and requests that any complaints be sent to the address listed in section 1.

16.2 NMM has not submitted to third-party codes of conduct and does not offer any out-of-court complaint and legal remedy procedures.

16.3 NMM is obligated to inform consumers according to § 36 of the Consumer Dispute Resolution Act (VSBG) that NMM is not willing and not obligated to participate in a dispute resolution procedure according to the VSBG before a consumer arbitration board.

16.4 The complaint management regarding illegal content according to clause 6 remains unaffected by the above provisions.

17 APPLICABLE LAW, JURISDICTION, INVALIDITY

17.1 The law of the Federal Republic of Germany shall exclusively apply to the contracts concluded by NMM based on these General Terms and Conditions and to any resulting claims of any kind. In the event of contracts being concluded with consumers who do not have their registered office in Germany, the mandatory consumer protection provisions of the law of the consumers in their respective home state, which applies to their registered office, shall remain unaffected by sentence 1.

17.2 The place of jurisdiction for all claims arising from the contractual relationships between the contracting parties, particularly regarding the conclusion, execution, or termination of the contract, shall be - insofar as the customer is a full merchant, a legal entity under public law, or a special fund under public law - the registered office of NMM.

17.3 Should individual provisions of these General Terms and Conditions be or become wholly or partially ineffective, the validity of the remaining provisions shall not be affected thereby.

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