Terms and Conditions
Valid from 25th May 2018
1. Subject of the contract
The following terms and conditions are part of all contracts with INWX GmbH & Co. KG hereinafter referred to as Provider.
Deviations from these terms and conditions are only effective if the provider confirms them in writing.
The Provider is entitled at any time to amend or supplement these General Terms and Conditions with a reasonable notice period. The customer has the right to object to such a change. If the customer does not object to the changed conditions within one month of receipt of the notification of change, these will become effective as announced.
You must be at least 18 years old to use our services.
The provider operates its own web server, which is constantly connected to the Internet. On these computers, he provides the customer storage space for his own purposes. The information stored on the server can be queried worldwide via the Internet. A constant availability of services cannot be guaranteed. The provider assumes a 99% availability of its service as an annual average. This does not apply to periods when the web server can not be reached via the Internet due to technical or other problems that are outside the control of the provider (force majeure, the fault of third parties etc.).
The Provider reserves the right to extend, change and make improvements. The Provider is also entitled to change the services, insofar as such a change is commercially reasonable or, taking into account the interests of the Provider, reasonable for the Customer, e.g. if necessary due to legislative changes/additions.
As far as the provider provides free services and benefits, they can be discontinued at any time. A reduction, reimbursement or claim for damages does not result from this.
The Provider is entitled to immediately refuse performance if the Customer defaults on a payment or if the services on a shared server are impaired as a result of improper use (in particular overloading of resources, ie processor load) in its entirety.
4. Duration of contracts and notice periods
The contract is concluded for an indefinite period. The customer is entitled to terminate the contract with a notice period of 4 weeks after a minimum term of 1 month. The Provider is also entitled to terminate the contract with a notice period of 4 weeks. The right of the parties to terminate for good cause remains unaffected. Terminations require the written form to be effective. A tariff change is possible every first of the month. Price changes will be notified by email no later than 2 months before entry into force. If the customer does not object to the validity, then they are considered acceptable. Benefits are instantly established.
We reserve the right to delete customer accounts that have not been used within the last 12 months. The customer will be informed in advance by e-mail and asked to avoid deletion by re-logging into his account. You have the option to opt out of deletion, otherwise, the account will be deactivated. This only applies to customer accounts that do not contain any credits, in which no payments are made and no domains or other services are used.
5. Terms of payment
Invoices will be sent by email. The invoice is deemed received if it has been sent to the domain of the customer or another known email address. Objections to the provider's invoices must be made in writing by the customer within 30 days of receipt. The waiving of timely objections is considered as approval. The customer may request a correction of the invoices even after the deadline, but must then prove the incorrectness of the billing.
If the customer wishes to send the invoice by post, INWX is entitled to charge EUR 3 per shipment.
The Provider invoices his services as follows: Tariffs under 5 EUR per month are billed in advance for 6 months, tariffs below 25 EUR per month for 3 months in advance, others for one month in advance. Invoices are due immediately. If the date of the start or end of the contract is not the first of a month, they will be charged daily for 30 days. However, registration fees for domains cannot be refunded, not even proportionally.
6. Obligations of the customer
The customer guarantees that the content stored on the server does not violate applicable law. He undertakes not to use the services of the provider for the storage or distribution of obscene, pornographic, racist, threatening or defamatory material. The customer will not infringe any trademarks, patents or other rights of third parties with his offer (including the domain name). The storage of illegal software (pirated copies), so-called crack programs, illegal sound files and accumulation of serial numbers on the server of the provider is prohibited to the customer. The customer also undertakes to take into account the cultural and religious interests of other participants and not to spread any unlawful statements, in particular not to insult, threaten, ill-talk, to discredit someone because of race, political or other opinion, sex or for any other reason or to pursue, neither in word, nor in image or other representation possibilities. Violations lead to the termination of the contract without notice, to the immediate blocking or deletion of the offer. Any claims for damages shall be borne by the customer.
The above applies accordingly for references (hyperlinks) of the customer to such third-party content. If a customer violates these conditions, the provider is entitled to terminate the contractual relationship for good cause without notice.
In addition, the provider reserves the right to block contents that could impair the normal operation or the security of the server, or to prevent their operation in individual cases. This applies in particular to CGI program modules that are not kept in the provider's program library. The customer is aware that for all subscribers in the transmission path of the Internet, as a rule, it is possible to gain knowledge of submission data without authorization. The customer accepts this risk.
The customer undertakes to keep the personal password for his access code protected and protected from the access of third parties and to protect it against misuse and loss. Furthermore, the customer has to change the automatically assigned password immediately after the first connection with the server. The customer is also responsible for charges which other persons have authorized or unauthorized cause of his access ID unless the customer is not responsible for this. The customer is responsible for proving that he is not responsible for this.
7. Unsolicited messages by email
If the customer uses his account to send unwanted mass e-mails (so-called UBE) or unwanted e-mail (so-called UCE) from the recipient, the provider has the right to block the customer's account for an indefinite period and terminate the contractual relationship without notice.
The provider is liable only for damages caused by the provider, its legal representatives or one of its vicarious agents grossly negligent or intentional unless it relates to guaranteed properties. The above limitation of liability applies to contractual and non-contractual claims. Liability under the Product Liability Act remains unaffected. The provider is not liable for the correct functioning of infrastructures or transmission paths of the Internet, which are not the responsibility of the provider or its agents.
Data damage or damage due to data breaches due to criminal intrusion into computers of the provider can only be prevented to a certain extent at the current state. The provider can not accept liability here. The Provider can not accept any liability for disruptions within the Internet.
10. Final provisions
Should a provision of this contract be or become invalid, the contract and all other provisions remain valid. The disputed clause shall be replaced by one which comes as close as possible to the economic purpose of the original one. German law applies.
The Provider is entitled to transfer the contract with all rights and obligations by way of a declaration to a successor in title, insofar as the Provider vouches for the provision of the service owed. A sale of individual business areas of the provider or a change of shareholders does not constitute a special right of termination.
The place of fulfillment for all services is Berlin, the place of jurisdiction is Berlin, if the customer is a merchant or a legal entity under public law or the customer has no general place of jurisdiction in Germany at the time of conclusion of the contract or relocates his later place of residence or habitual abode from the FRG or his place of residence or habitual residence at the time of filing of the action is unknown.