General Terms and Conditions of Business of STRATO AG (Globe), Version 1.0

Transkript

1 General Terms and Conditions of Business of STRATO AG (Globe), Version Applicability, amendments 1.1 These General Terms and Conditions of Business ( the Terms ) of STRATO AG (hereinafter STRATO) apply in respect of all services performed by STRATO. 1.2 STRATO provides all services exclusively on the basis of the Terms. This shall also be the case in particular notwithstanding that you use general terms and conditions of business containing terms that contradict or deviate from the Terms. The Terms shall also apply where STRATO performs the contract unconditionally in full knowledge of terms that contradict or deviate from the Terms. 1.3 STRATO can amend the Terms on giving reasonable notice. If you do not object to the amendment within a period set by STRATO, the amendment shall be deemed agreed. STRATO shall inform you in the notice of amendment that the amendment shall become effective if you do not object within the period set. 1.4 Contract and support language is English. STRATO can also perform your services and provide support in other languages. 1.5 STRATO can deliver information and statements concerning contractual relations to your address. 1.5 Cancellation information Cancellation rights You have the right to cancel this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the date the contract is entered into. To exercise your cancellation right, you must inform us (STRATO AG, Pascalstrasse 10, Berlin, Germany) by means of a clear declaration (e.g. a letter sent by post, or by ) of your decision to cancel this contract. You may use the attached model cancellation form but use of this form is not obligatory. To comply with the cancellation period it is sufficient to despatch the communication concerning the exercise of the cancellation right before the expiry of the cancellation period. Consequences of cancellation If you cancel this contract, we must refund to you without delay and at the latest within fourteen days from the date on which we receive the communication concerning your cancellation of this contract all payments that we have received from you including delivery costs (excluding the additional costs incurred because of your selection of a type of delivery other than the most advantageous standard delivery offered by us). To make this refund we shall use the same payment method that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged fees for this refund. You must send back or deliver the goods to us (STRATO AG, Pascalstr. 10, Berlin, Germany) without delay and in any event at the latest within fourteen days from the date on which you inform us of the cancellation of this contract. To comply with the period it is sufficient if you despatch the goods before expiry of the fourteen day period.you will bear the direct costs of returning the goods. You must bear any loss in value of the goods only where such loss is caused by unnecessary handling by you in checking the quality, properties and functionality of the goods. If you have asked that the services commence during the cancellation period, you must pay to us a reasonable amount corresponding to the proportion of the services provided up to the time when you inform us of the exercise of the right of cancellation of this contract in comparison with the full extent of the services anticipated in the contract.

2 Model cancellation form (If you wish to cancel the contract, please complete this form and return it to us.) - To STRATO AG, Pascalstr. 10, Berlin, Germany - I/we hereby cancel (*) the contract concluded by me/us (*) for the provision of the following service: - Ordered on (*)/received on (*): - Name of the consumer(s): - Address of the consumer(s): - Signature of the consumer(s) (only in the case of communication on paper) - Date: (*) delete as applicable. End of the cancellation information The foregoing right of cancellation does not apply where the transaction can be regarded as part of your trade or professional activity. 2. Contractual relations 2.1 The contractual relationship for the registration of the domain will be directly between you and the issuing agency or registrar. STRATO commissions the registration of domains in the course of acting as agent for you save where STRATO itself is the registrar for the top-level domain (TLD) concerned. 2.2 The top-level domains are registered and managed by various organisations. In addition to these general terms and conditions of business, guidelines apply for each top-level domain. The aforesaid related guidelines on issue are part of this contract. 2.3 The data for registration of domains is forwarded in an automated process to the respective issuing agency. You can only assume actual allocation of the domain, where the Internet service at the desired domain has been provided. The allocation of domains as ordered cannot be guaranteed You confirm your agreement to the registration of a domain being suspended, cancelled or assigned and to the change in the status of the domain names, or to a block being placed and maintained against the registration of the domain names in order(1) to correct mistakes of the registrar or the registration office in the course of registering the domain, (2) to resolve disputes concerning the registered domain, in so far as this complies with a provision of ICANN, the registration office or the registrar, (3) to protect the integrity, security and stability of the registration system of the respective top-level domain, or (4) to comply with all applicable laws, administrative rules or requirements, (lawful) enquiries by law enforcement authorities or other relevant authorities A.asia domain can only be registered where at least one of the contact persons is a legal entity within the.asia community. STRATO provides such a contact free of charge for all customers. The organisation selected by STRATO shall be entered as technical contact (Tech C) for the domain and shall function as CED contact in accordance with No. 3.1 of the.asia Charter Eligibility Requirement Policies The specification of an individual CED contact by the domain holder or admin contact is not possible A change in the domain provider that also leads to the change of the registrar, is possible at the earliest 60 days after the registration.

3 3. STRATO s services 3.1 The scope of supply of the individual services is set out in the description of services current at the date of order. 3.2 The availability of the STRATO server and the data paths to transfer onto the Internet shall be at least 99 % annually on average. 3.3 STRATO carries out regular maintenance work to its systems for the security of the network operation and to maintain the integrity of the network, the interoperability of the services and data protection. For this purpose it can temporarily suspend or restrict its services taking into consideration your needs where this is justified by good cause. STRATO shall conduct maintenance work during low-use periods in so far as this is possible. If longer temporary suspension or restriction of services is necessary, STRATO shall inform you in advance concerning the nature, extent and duration of the interference, where this is objectively possible in the circumstances and the notification will not delay the elimination of existing interruptions. 3.4 STRATO can change its services, in so far as this is reasonable for you having regard to your interests and those of STRATO. 3.5 Where fixed IP addresses are made available, STRATO reserves the right to change the IP address allocated to you, where this is necessary for technical or legal reasons. 3.6 In so far as is necessary and reasonable you will cooperate in the event of a change e.g. by reentering login details or making simple adjustments to your systems. 3.7 A transfer of use of servers (wholly or partially) to anonymous third parties is not permitted. 3.8 Use of servers to provide anonymisation services is excluded. 3.9 In the event of faults the statutory warranty provisions shall apply. 4. Copyrights, retention of title 4.1 STRATO grants you a simple right to use the software, programs or scripts provided limited in time to the duration of the related contract. It is not permitted to grant rights of use to third parties. Consequently in particular a disposal is not allowed. You will erase and not continue to use copies of provided software after the termination of the contract. These provisions do not apply to opensource programs, only their associated licence conditions apply. 4.2 In addition the licence conditions of the relevant producer apply. 4.3 The content, text, images, animations, film and sound materials provided by STRATO may be used by you during the term of the contract exclusively for the construction of the Internet presence which is the subject-matter of the contract. It is not permitted to grant rights of use to third parties. On the termination of the contract the materials must be erased. 4.4 Where there is a breach of these provisions STRATO may block the Internet presence where the content or the software of the homepage tool kit is used in breach of licence terms, or may block the project for which the homepage tool kit is used in breach of licence terms, until proof of legality is provided. 4.5 Hardware and other goods remain the property of STRATO until payment in full of the relevant invoice. 5. Payment terms 5.1. Fees not calculated on the basis of usage are payable in advance for the contract period, save where a shorter billing period is agreed. Your payments shall be made by credit card. STRATO can also offer other methods of payment, in particular payment via PayPal or by collection using the SEPA direct debit procedure. In the latter case STRATO will provide you with the mandate for implementing the SEPA direct debit procedure. STRATO undertakes to display the respective current mandate given by you in your customer service area. The mandate shall also be valid in respect of new master data and bank accounts notified by you. STRATO shall notify you in good time in advance

4 of the relevant direct debit payment (pre-notification). This notification shall be made at least one bank working day before it is due and debited by the bank. 5.2 Fees not calculated on the basis of usage are due at the end of the respective billing period. Fees not calculated on the basis of usage shall be in accordance with the respective current price list set by STRATO in its reasonable discretion. Your payments shall be made by credit card. STRATO can also offer other methods of payment, in particular payment via PayPal or by collection using the SEPA direct debit procedure. In the latter case STRATO will provide you with the mandate for implementing the SEPA direct debit procedure. STRATO undertakes to display the respective current mandate given by you in your customer service area. The mandate shall also be valid in respect of new master data and bank accounts notified by you. STRATO shall notify you in good time in advance of the relevant direct debit payment (pre-notification). This notification shall be made at least one bank working day before it is due and debited by the bank. 5.3 When entering into the contract you must provide valid payment details, and choose between automatic debiting of payments by STRATO or manual payment on invoice. In the customer service area you can change this preference at any time. 5.4 STRATO shall provide an electronic invoice in the customer service area for every payment procedure. Sending of invoices by shall be free of charge. 5.5 STRATO can change the prices at the beginning of the next contractual term on giving reasonable notice of at least one month. If you do not object to the change within a reasonable notice period set by STRATO, the change shall be deemed agreed. STRATO shall give you notice on the notification of change that the change shall take effect if you do not object. 5.6 You may only set off undisputed or legally established counterclaims against the claims of STRATO. 5.7 If you are in default of payment, STRATO can block services to you. 5.8 If over a period of two consecutive months you are late in payment of a not inconsiderable portion of the fees or over a period of longer than two months you are late in payment of an amount that corresponds to two months fees, STRATO can terminate the contract for good cause following an unsuccessful reminder on giving reasonable notice without a period of notice. Good cause for termination without a period of notice by STRATO is deemed in particular to arise where insolvency proceedings concerning your assets are applied for, commenced or refused due to lack of assets. 5.9 In the event of default in payment STRATO can demand compensation for any damages arising therefrom. STRATO can also demand compensation for costs arising by reason of returned direct debit payments for which you are responsible. 6. Obligations of the customer 6.1. You have an obligation to provide necessary details in full and correctly and to inform us of changes promptly. This applies in particular in respect of your address details, bank account and address, and also where you order a domain in respect of the data set out at paragraphs to You have an obligation when ordering, transferring or deleting domains, to cooperate reasonably in the change of entries in the databanks of the issuing offices and in the change of providers and registrars. You have an obligation to respond to enquiries by STRATO or the registrar concerning the accuracy of the data within 15 days. This concerns in particular Name and postal address, address, and telephone and where appropriate fax number of the domain holder; where it is an undertaking or an organisation, in addition the names of those responsible for the domain; Name, postal address, address, and telephone and where appropriate fax number of the technical contact for the domain; Name, postal address, address, and telephone and where appropriate fax number of administrative contact (Admin C) for the domain;

5 Where the domain holder provides his/her own name, IP addresses of the primary and secondary name servers including the names of these servers. 6.3 If the data provided for a domain in accordance with the respective registration terms prove to be false, STRATO can have the domain deleted. 6.4 Where you are not the domain holder and/or you pass on personal data of third parties, in particular those of the Admin C or technical contact, you will inform the third parties of the passing of their personal data and obtain their agreement to the collection of the data, its use, transfer and disclosure for the purposes of performance of the contract. 6.5 You undertake to amend allocated passwords immediately. You are responsible for selecting and using secure passwords. You will manage your passwords and other login data carefully and keep them secret. You have an obligation also to pay for services that third parties use or order using your login details and passwords, where you are responsible for this. 6.6 You have an obligation to arrange your systems and programs in such a way that the security, integrity and availability of systems, network and data of STRATO or third parties is not compromised. 6.7 For certain servers you alone have administrator rights. STRATO cannot administer these servers. It is therefore your responsibility to install security software, to inform yourself regularly concerning security vulnerabilities that become known and to close known security gaps. The installation of maintenance programs or other programs provided or recommended by STRATO does not release you from this duty. 6.8 You will produce back-up copies of all data. If it is necessary to reinstall data on the STRATO systems, you will re-transfer the datasets concerned at no charge onto the STRATO servers. 6.9 You will ensure that your domain(s) and your content do not breach statutory provisions or the rights of third parties You undertake further not to offer access to any domains or content of an extremist nature or that display content that is pornographic, commercially erotic, violent, glorifying violence, racist, discriminatory, harmful to children or seditious, or to domains or content that incite criminal acts or provide instructions on how to do so. This also applies where such content is made accessible via hyperlinks or other connections that you place on the sites of third parties The use of STRATO services to spread malware or abusively operating botnets, to send spam messages or for phishing, trademark or copyright infringement or piracy, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law is not allowed. 7. Legal consequences of breaches and hazards 7.1 STRATO can block services where systems act or react in a way that deviates from orderly operation causing the security, integrity or accessibility of systems, networks and data of STRATO or third parties within the meaning of para to be compromised. This also applies where STRATO suspects such compromising activity by reason of objective factors. For the avoidance of doubt, this provision also applies for so-called denial of service attacks (hereinafter DoS Attacks ) that you carry out on your server or for which your server is used by third parties. In the case of deliberate action on your part STRATO can terminate the contract without giving a period of notice. 7.2 If a server is repeatedly the target of DoS Attacks and if a repeat DoS Attack is expected, STRATO can terminate the contract without giving a period of notice after issuing a warning, where it is not reasonably possible for STRATO to prevent the anticipated future DoS Attacks or their consequences on other systems. 7.3 If third parties credibly assert that contents or domains infringe their rights, or if it appears probable by reason of objective factors that legal provisions are being infringed by domains or contents, STRATO can block the contents for the period during which the infringement of legal provisions or the dispute with the third party continues. 7.4 If the potential infringement of legal provisions occurs through a domain, STRATO can also take measures to make the domain inaccessible. In cases where the infringement of legal provisions by a

6 domain appears certain by reason of objective factors, STRATO can terminate the contract without giving a period of notice. 7.5 Where content as described at para is offered or displayed STRATO can also terminate without giving a period of notice, instead of blocking alone. 7.6 If you breach a prohibition under para. 6.11, STRATO can block the services. 7.7 STRATO can by reason of objective criteria reject s directed to your customers where facts give cause to believe that an contains malware, the sender information is false or disguised or it concerns unsolicited or disguised commercial communication. 7.8 STRATO s entitlement to remuneration continues as long as the blocking of a service for the foregoing reasons. 7.9 In addition STRATO can demand from you a flat-rate compensation payment of $ in the event of culpable breaches of the obligations at para. 6. The parties have the right to prove that the damage is less or more The domain holder shall indemnify STRATO, the registrar, the registry and the Internet Corporation for Assigned Names and Numbers (ICANN), and their lawful representatives, employees, agents and other affiliates against claims for compensation of any kind by third parties arising from the registration of the domain. This obligation shall continue beyond the duration of the registration contract. 8. STRATO reserves the right in respect of s to restrict the size of incoming and outgoing messages to the extent that this is reasonable for the customers. 9. Indemnity You will compensate STRATO for all damages that arise from a breach of the foregoing provision in so far as you are responsible for such breach. The damages shall also include the reasonable costs of necessary legal defence. STRATO will inform you without delay if STRATO itself or third parties make relevant claims and will give you the opportunity to comment. 10. Liability of STRATO 10.1 STRATO shall be liable for damage only in the case of intent or gross negligence on the part of STRATO or one of its vicarious agents. If STRATO or one of its vicarious agents breaches a material contractual obligation (cardinal duty) in a way that endangers the purpose of the contract, liability shall be limited to the typical damage reasonably foreseeable by STRATO at the time of entering into the contract, unless the breach of duty occurs intentionally or through gross negligence This limitation shall not apply in the case of fatal injury, physical injury and/or damage to health or to liability under product liability legislation In so far as you are a business owner, legal entity under public law or a special fund under public law, liability shall be limited except in the case of intent or gross negligence to the amount of the contractual fees that you have paid to STRATO under the terms of the contract for the period of two years before the occurrence of the damaging event. 11. Term, termination 11.1 Save where otherwise indicated in the offer, the initial term of a contract is twelve months. Subsequently the contract will not extend automatically unless you have agreed before the expiry of the current contractual term to an extension of the original contractual term. The prompt payment of the fee for the up-coming contractual term shall be deemed agreement to the extension. If the first contractual term is longer than one year, the extension periods shall each be one year.

7 11.2 Valid notice of termination of the contract can be given on the secure customer service area, where this option is available. Otherwise notice of termination must be given in writing in respect of which transmission by fax or as a scan is sufficient to satisfy this requirement for written form Applications for deletion of a domain require the agreement of the domain holder or the Admin C If on giving notice of termination you do not also request the deletion of a domain, STRATO can return the domain to the responsible issuing office after the termination of the contract and expiry of a reasonable period. STRATO hereby advises you that in this case an obligation on your part to pay fees to the issuing office can remain in force Alternatively STRATO can also have the domain deleted after expiry of a reasonable period If STRATO terminates the contract with justification by reason of default in payment or for good cause, STRATO can arrange the deletion of the domain concerned after a reasonable period, in the absence of any other instruction from you. 12. Jurisdiction, applicable law The Terms, the use of the Service and all claims arising out of or relating to them will be governed by German law except for its Conflicts of Laws principles and under exclusion of the United Nations Convention on Contracts for the International Sale of Goods. All claims arising out of or relating to the Terms or the use of the Service are subject to the exclusive Venue of the courts of Berlin, Germany.