Conditions for Hosting and Housing


§ 1 General, Scope of Application
(1) Such leasing of exclusive Web servers, virtual servers for housing and/or hosting of Thomas-Krenn.AG for local client servers are made exclusively on the basis of the terms and conditions for hosting and housing, (hereinafter: „GTC“), and for these conditions for hosting and housing, (hereinafter: conditions).
(2) The GTC, as well as these conditions herein are part of all contracts that Thomas-Krenn.AG has with its contractual partner, (hereinafter: "customer"), for the hosting and housing services that it offers.
(3) The provisions of the Terms and Conditions also apply to paragraph (1) regarding services of Thomas-Krenn.AG where as these conditions do not contain regulations applicable to the case. In the event of a conflict, these terms shall supersede the terms and conditions.

§ 2 Contract and Contract Amendments
(1) Thomas-Krenn.AG will provide the customer the following services in accordance with the agreed scope of application:
(
a) An operationally ready, dedicated computer system, virtual computer system, or space on a virtual server. Thomas-Krenn.AG makes the contract in accordance with the stored data from the customers over that of Thomas Krenn.AG to entertainment network and the Internet related available (collectively referred to as "Hosting"), whereby the customer neither in collateral rights to the server hardware or a right of access to the premises has, in which the server hardware is; and / or
(
b) a dedicated storage space(s) and/or complete computer cabinets in air-conditioned rooms where gas extinguishing systems and uninterruptible power supplies are installed, along with power supply and the provision of Internet access, (hereinafter referred to as "Housing"). Thomas-Krenn.AG connects the computer system brought in by the customer to the sustentative network and Internet of Thomas-Krenn.AG.
(2) Thomas-Krenn.AG ensures accessibility of the computer system by 99.9% on an annual average. Thomas-Krenn.AG is only responsible for the availability, as far as the irretrievability to the service operated by it or its agents or part of the network - the result provided by Thomas-Krenn.AG Web server itself - in the case of hosting services.
(3) Thomas-Krenn.AG provides the customer with the necessary connections of the computer system to the Internet IP addresses according to the agreed scope available. The customer receives the non-exclusive right, limited to the duration of the contract and non-transferable right to use the assigned IP addresses. Further rights of the customers in regards to these addresses does not apply.
The allocation of additional IP addresses and address ranges shall be governed by and under consideration of the current guidelines of the responsible registry (for customers in Europe, the Réseaux IP Européens Network Coordination Centre (RIPE NCC)).
(4) If a certain amount of memory has been agreed upon for hosting, this applies to the whole, on the web server storage space availability, and is used, among other things, for the storage of log files etc.
(5) Thomas
-Krenn.AG We reserves the right to expand without increasing the charge services and to make improvements and to install updates or upgrades of the software used, especially if this is in the technical progress appears to be necessary to prevent misuse, or Thomas-Krenn.AG is obliged to do so by law. The changes have no effect on the agreed scope, but may have an effect on the functionality, particularly with incompatibilities when updating or upgrading software used will not be excluded.
(6) Voluntary, unpaid services and services of Thomas-Krenn.AG that are not part of the agreed scope and are not a prerequisite for the provision of the services agreed on by Thomas-Krenn.AG can be set at any time. Thomas-Krenn.AG will take into consideration changes and the setting of free services based on the legitimate interests of the client.

§ 3 Contract Term, Contract Renewal and Termination, Service Agreement
(1) Unless otherwise agreed, the contract for hosting and housing services has a term of one year and is automatically renewed for the same period if the hosting and housing contract is not terminated by one of the parties at least one month before the end of the respective term.
(
2) The rights of either parties remain unaffected by immediate termination of the hosting and housing services for an important reason. In particular, such a reason for Thomas Krenn.AG would exist if the customer:
(a) despite written warning by Thomas-Krenn.AG the party is again found in violation of a repeat contractual obligation;
(b) despite upon receipt of warning by Thomas-Krenn.AG, the party continues to make content accessible, disclosure of which violates the rights of third parties or violates legal regulations, after a period of seven days using the services of Thomas-Krenn.AG; or
(
c) despite a warning by Thomas-Krenn.AG an ongoing breach of another contractual obligation culpably is not remedied within a period of seven days from receipt of the warning.
(
3) A warning is not necessary if there is a violation which is a continuation of the agreement on hosting and housing services by the expiry of the current contract period and, where applicable, the deadline pursuant to § 3 (2) (b) or (2) (c) is unreasonable for Thomas-Krenn.AG. a warning is particularly waived if:
(a) the customer receiving benefits from Thomas -Krenn.AG to public disclosure of:
(i) content, according to § 4 of the Youth Media Protection State Treaty are manifestly inadmissible - in the case of content within the meaning of § 4 section 2 of the Youth Media Protection State Treaty but only if the customer has not taken any measures to restrict access to adults in the statutory provisions to restrict a satisfactory manner, or the measures taken are clearly inadequate;
(ii) obviously copyrighted software, audio-visual content (music, videos, etc.) , e-books or other work to a considerable extent without permission of the copyright holder and/or
(iii) content used as disclosure of which is obviously a criminal offense,
or such permitted use by third parties;
(b) the customer in manner of spying on or has tampered with criminal data of Thomas -Krenn.AG or other customers of Thomas-Krenn, a third party instigates this, or any third party for this purpose abets; or
(c) the customer unsolicited bulk e-mail (spam) sent or such e-mails are sent by a reason attributable to the customer circumstance over which rented server/storage space and housed in the data center dedicated server.
(4) The termination of options that are available in addition to the chosen tariff, especially additional domains, the contract can be generally unaffected. Furthermore, the termination of the hosting and housing services can have no effect on the contractual relationship for the provision of other goods and services, in particular the supply of hardware and / or the provision of software services.
(5) The ordinary and extraordinary termination shall be effective only in writing.
(6
) After termination of the contract is Thomas-Krenn.AG no longer obliged to provide the contractual services. You may, after the expiration of seven days following completion of all the data stored on the computer system or web server provided as part of the hosting of the customer of the contract, including in the mailboxes operational emails, delete. The timely storage and backup of the data thus is the responsibility of the customer. In addition, Thomas-Krenn.AG is entitled to terminate the contract, adjust the care of domains of the customers who have not been transferred to a new provider, in accordance with the domain registration conditions.

§ 4 General Obligations of the Customer
(1) The customer is solely responsible for the domain itself, as well as for all content that is provided or stored for the client on the web server. This also applies to the extent that the content on any other web server is stored as Thomas-Krenn.AG and only under one of Thomas -Krenn.AG’s registered domain or subdomains are available. The customer is responsible as part of its obligation to comply with the statutory and contractual arrangements for the conduct of third parties who act on their behalf, especially vicarious agents. This also applies to any other third party, who knowingly provides available access to the services and benefits of Thomas-Krenn.AG. Thomas-Krenn.AG is not obliged to check the customer’s Web server for possible violations of law. The customer is held responsible in keeping the passwords obtained from Thomas-Krenn.AG for the access of top secret information and Thomas-Krenn.AG should be informed immediately, as soon as they become aware that an unauthorized third parties has gained knowledge of password information.
(2) In Housing, the customer is also responsible for the computer system hardware that they themselves contribute. [Control of responsibility for the installation and maintenance]
(3) The customer is obliged to inform Thomas-Krenn.AG of their full name and a valid mailing address, (no PO boxes or other anonymous addresses), to provide a valid email address and telephone number. The customer assures that all data provided to Thomas-Krenn.AG is correct and complete. The customer must inform their clients and Thomas-Krenn.AG of any changes to the data immediately by mail, fax or email.
(4) The customer is obligated to pay a contractual penalty acc. § 9, provided that they oppose paragraph (3) indicating a false name, a false address or a post office box or other anonymous address and thereby makes an identification intent or gross negligence impossible or extremely difficult.
(5) The customer agrees to inform Thomas-Krenn.AG immediately and fully if it is taken in or out of court claims, due to the use of the contractual services.
(6) The customer shall be responsible for all the files and software settings, to which they have access to secure themselves a regular basis (see § 10 (4) of the General Terms & Conditions). The backup copies created by the customer are not to be stored on the Web server.

§ 5 Restricted Customer Use, Regulatory Compliance, Third Party Rights
(1) The customer must ensure that the Internet presence or data of other customers of Thomas-Krenn.AG as well as server stability, server performance or server availability are not affected, contrary to the contractually stipulated purpose(s).
(2) The customer is only permitted, with prior written permission from Thomas-Krenn.AG, to use the hosting and housing services to:
(a) operate anonymous node services for the Tor network, open proxy services or other services that can be used to disguise their identity on the Internet from him or a third party,
(b) download and to operate file-sharing services of any kind,
(c) run chat services such as IRC server, Bouncer, chat bots, Web chats, etc., or
(d) to start programs by taking advantage of idle CPU resources crunch numbers (Bitcoin mining, distributed.net and similar programs).
(3) The customer is obligated to make, under the statutory rules, particularly in compliance with § 5 of the German Telemedia Act and § 55 of the Broadcasting Treaty, prescribed data to the service provider, an (Imprint) on its website.
(4) The retrievable content from the web server, saved data, inserted banners, as well as the keywords used in the registration in search engines may not violate legal prohibitions, the morals or third party rights, (including trademarks, names and copyrights). The customer is not permitted to offer pornographic content as well as profit-making services, or to have pornographic and/or erotic content (such as nudity, peep shows, etc.) on the subject .
(5) The customer agrees to pay a contractual penalty acc. § 9, provided that violation of § 5 (4) the performance of Thomas-Krenn.AG to public disclosure of:
(i) content, according to § 4 of the Youth Media Protection State Treaty are manifestly inadmissible - in the case of content within the meaning of § 4 section 2 of the Youth Media Protection State Treaty but only if the customer has not taken any measures to restrict access to limit adults, or the measures taken are manifestly inadequate;
(ii) obviously copyrighted software, audio-visual content (music, videos, etc.), e-books or other works to a considerable extent without permission of the copyright holder and/or
(iii) content, of which disclosure is obviously a criminal offense, or third parties use, is such a use permitted.

 

§ 6 Sending and Receiving of Emails, Prohibition and Penalty for Spam Emails
(1) Unless it is otherwise agreed, the maximum size for sending emails over the Thomas-Krenn.AG server is 50 MB. Thomas -Krenn.AG is not obligated to prevent the sending of larger emails.
(2) Sending emails via the Thomas-Krenn.AG system or server as well as the shipment via domains that are registered to Thomas-Krenn.AG is inadmissible if it is a mass-mailing, email to recipients is without their consent and/or there is a promotional email and consent of the recipient is not available even though it is required (hereinafter referred to as "spam") . Proof of consent, (see § 7 paragraph 2 UWG), of each recipient is the responsibility of the customer. The customer is also prohibited to advertise by means sent via other providers, spam emails, where contents that are accessible at the Thomas -Krenn.AG registered domain or via a computer system or a web server at Thomas -Krenn.AG or via a computer system of the customer for which Thomas -Krenn.AG provides an available storage space.
(3) If the customer operates an email service in the Thomas-Krenn.AG network or its vicarious agents, the customer has to make sure that it is not allowed on their service for the anonymous sending emails, and that the service is not used by third parties for sending messages that are suitable to the above § 6 (2) to violate ("foreign relay").
(4) The use of incorrect information in the header of an email or a news article is prohibited.
(5) The customer is obliged to pay a contractual penalty in accordance with § 9, provided that they, contrary to § 6 (2), send spam, and:
(a) the sending of the emails is manifestly unlawful; and/or
(b) the customer does not specify its identity in the sent emails.

§ 7 Service Interruption
(1) During power failure, Thomas -Krenn.AG is only responsible, in so far as these by its pursuant to § 2 (1) deliverables is concerned. In particular, for the functioning of the actual internet presence of the customer, consisting of the set played on the web server (for example, HTML files, Flash files, scripts, etc.), Thomas -Krenn.AG is not responsible. Also, Thomas -Krenn.AG is not responsible for the functioning of your server to the customer unless otherwise agreed.
(2) Disruptions to the provision hosting and/or housing services, Thomas-Krenn.AG has, under the technical and operational capabilities, the possibility to immediately eliminate. The customer is obliged to immediately notify Thomas-Krenn.AG of any discernible faults for the ("error message"). If the elimination of the fault is not within a reasonable time, the Thomas-Krenn.AG customer has to set a reasonable grace period. If the problem is not corrected within this grace period, the customer is entitled to compensation for the damage suffered, however, entitled to the statutory warranty rights only in the context of § 8 of the General Terms and Conditions.
(3) If the functionality of the Web server of the disputed content or due to exceeding the contractually stipulated use is impaired (§ 5 (1) to § 5 (2)), the customer can make no claim in so far that a disturbance is based on this.
(4) For hosting and housing services, § 7 of the General Terms and Conditions does not apply.

§ 8 Conditions for Account Blocking and Unblocking, Reimbursement
(1) The Thomas-Krenn.AG is entitled to deny in whole or in part if the customer:
(a) for two consecutive appointments with the payment of salary or a significant proportion of pay is in arrears, or
(b) during a period extending over more than two appointments, with the payment of the fee for an amount in default, which reaches the charge for two months.
Usually this is done by the blocking of the account. If Thomas-Krenn.AG is not completely satisfied within 7 days of closure of the account, Thomas-Krenn.AG is entitled to terminate the entire contract with the customer in terms of hosting and housing services (
§ 3 (2)) .
(2) there is an obvious behavior of the customer or a third party conduct attributable to this (cf. § 4 (1)), that violates applicable law or third party rights, Thomas-Krenn.AG can also block the account. Thomas -Krenn.AG can unblock on the condition that the customer removes the illegal activity. It may also make it conditional on the lifting of the ban further that the customer did to exclude a risk of repetition a contractual penalties reinforced cease and desist against Thomas -Krenn.AG and has provided security for the payment thereof possible in the future resulting penalty. The amount of the penalty promise is geared to the importance of the infringement, is applicable to infringements of intellectual property or competition law, however, and is generally more than 5,000 EUR.
(3) If for Thomas-Krenn.AG is it reasonably possible that a behavior of the customer or a third party conduct attributable to this (cf. § 4 (1)) exists that violates applicable law or third party rights, but this is not obviously, Thomas-Krenn.AG informs the customer, stating the reason and under threat of closure in and request it on with a deadline to submit comments. Thomas-Krenn.AG takes into account the opinion when deciding on the blocking of an account. Thomas-Krenn.AG can make the waiver of blocking or unblocking the condition that the customer submitted the required written opinion and furnishes security. The amount of the security shall be equal to the extent of the amount of expected cost of the Thomas-Krenn.AG in the event of a claim by a third party.
(4) If Thomas-Krenn.AG is entitled to block all contractual hosting and housing services. Thomas-Krenn.AG but take into account the legitimate concerns of the customers. In particular, it is in case of a blockage that occurs on the Web server based on the contents allow the customer whose amendment or elimination. If there is the reason to block already registered by the customer from the domain itself, Thomas-Krenn.AG is entitled to stop taking care of the domain of the customer. The Thomas-Krenn.AG must inform the customer of this account blockage. Thomas-Krenn.AG fulfills its notification obligations when the respective communications by email to the email address provided by the customer, (§ 4 (3)), is sent.

§ 9 Penalties
(1) If the customer is, according to § 4 (4), § 5 (5) or § 6 (5) of these conditions or § 3 (2) or § 4 (2) of domain registration conditions, required to pay a contractual penalty, Thomas-Krenn.AG may require the customer to pay a penalty of up to 5,100 EUR. The customer can have the penalty amount, to be determined by Thomas-Krenn.AG checked in individual cases.
(2) In the case of persistent violations is concerned, each month is considered as a separate violation.
(3) The assertion of further damages remains unaffected by the penalty.
 

(Effective 01/2014)

 

The print version of our GTCs for hosting and housing:  AGBs_ThomasKrennAG.pdf [145 KB]

 

Thomas-Krenn.AG
Speltenbach-Steinäcker 1
94078 Freyung
+49 8551 9150 0  
+49 8551 9150 55

 

Passau District Court, HRB 6790

Registered Office: D-94078 Freyung

CEO: Dr. David Hoeflmayr