This general terms of contract exist in German as well as in English. In case of a difference between the formulation of both languages, only the German formulation is binding.
1. General, Scope of application
1.1
In the following the expression provider is related to the company Greatnet.com ("provider"), the expression “user” relates to the ordering contract partner. The company Greatnet.com supplies all deliveries and services exclusively upon the base of these General Terms of Business („AGB“).
1.2
These General Terms of Business also apply to future business relations between the parties.
1.3
We are not accepting customer’s General Terms of Business that somewhat differ from our General Terms of Business, or which differ completely, except that we have given exclusive written permission. These General Terms of Business exclusively apply even if we acknowledge the different General Terms of Business of our customers and we did still provide without reservation our services.
1.4
Greatnet.com is entitled to change the contents of this contract with the customers consent, as long as these changes are within reason for the customer and as long as these changes are in no conflict of Greatnet.com´s interests. The consent to these contract changes has been given if the customer is not objecting to those within four weeks of receiving these changes via e-mail from Greatnet.com. Greatnet.com is obliged to inform the customer of the consequences of the failing to object to these sent changes.
2. Closing of a Contract / Right of Revocation
2.1
A contract about the provider’s service usage is coming into action with the provider’s confirmation of the ordered services through the order form. The customer exclusively states that by the sending of his order he has reached his 18th birthday and that he has full legal capacities.
2.2
Orders are in principal automatically generated and therefore the following is coming into affect: as soon as an order has been generated the order can not be stopped and payments become due. Domains are excluded from returns and/or cancellations since they are considered a “personalised" item and as soon as ordered by the customer they are past for registration. The right of withdrawal and the right of return are also excluded for domain orders and the right of withdrawal becomes also early invalid for the ordering person if the execution of service with the explicit consent of the ordering person (see order form) has began before the end of the withdrawal notice (i.e. domain registration, installation and/or activation of the accounts) or the ordering person has initiated that himself.
Withdrawal instruction of the customer according to the distant selling regulation:
If the customer is a consumer he is entitled to withdraw his contract declaration within two weeks in writing (no e-mail) without giving any reasons. The term starts at the earliest with the receipt of an instruction in writing, i.e. with the sending of the order. In order to keep the term of withdrawal the receipt of the withdrawal letter at the provider is valid. In case of an effective withdrawal the mutual services are to be guaranteed in return. The revocation has to be done to:
Greatnet.com
Mr. Marco Frazzetta / Mr. Oliver Lindner
Brentenstr. 4a, 83734 - Hausham, Germany
Fax: +49 8026 92860-73
The ordering person’s right of withdrawal is earlier invalid, if the performance of a service, with the explicit agreement of the ordering person (see order form), has started before the end of the withdrawal term (i.e. domain registration, installation and/or activation of the accounts) or if the ordering persons initiated that himself.
2.3
With all web hosting contracts, regardless of their ending, will a minimum contract duration of 12 months be agreed upon for the customer. After the minimum contract duration has finished the contract automatically will be extended for further 12 months, as long as the customer has not given written notice one month prior to the contract duration. This is not valid if different agreements have been made with the customer. In order to comply with the notice terms the receipt of the notice at the provider is deciding.
2.4
Greatnet.com is entitled to release the customer’s domain after the contract termination. At the latest with this release expire all of the customer’s rights arisen from the registration.
2.5
Should third parties force claims against Greatnet.com due to actual or stated legal violations according to section 5.7, Greatnet.com is entitled to hand the customer’s domain immediately into the care of the registrar and to block the relevant customer’s presence.
2.6
Unrestricted remains the right of both parties to terminate the contract without notice due to important reasons. Greatnet.com considers important reasons to be, if the customer:
- interferes or refuses payment in advance
- purposely violates against one of the in section 2., 4., 5., 8. regulated obligations,
- is even with a warning and within a reasonable time dead line still not changing his internet page into such a way that applies to the in section 5.8 regulated requirements or
- purposely violates against the allocation conditions or the allocation guidelines.
- in case of obvious and serious contract or legal breaches, for instance the saving or preparation of contents according to §4 of the youth media governmental protection act, or obvious protected trade mark software, or audio visual contents (music, videos, etc.)
- in case of punishable espionage or manipulation of the provider’s data or other provider’s customers through the customer.
2.7
Each notice needs to be given in writing in order to become effective, this has to be done either by fax or by post. Furthermore it has to contain:
- addresser
- domain to be cancelled
- if the domain has to be transferred to another provider or if it shall be closed
- in case of a close application, when the domain has to be closed (immediately or at the end of the current contract period)
- signature
After the provider received the correct notice and has processed it, the provider will send a notice confirmation to the customer by e-mail. Notices received by e-mail or telephone have no validity and will not be accepted.
In case of an incorrectly received notice the provider will inform the customer of the incorrect notice and in this case a newly written and correct notice (via post or fax) has to be given by the customer. In order to avoid customer mistakes Greatnet.com is providing his customer with the relevant notice document (notice form) via the provider’s hosted account.
Should an adequate corrected notice not been received from the customer within 7 days Greatnet.com is entitled to erase the domain through the relevant registrar without any further warnings at the end of the contract duration and also to erase the relevant web package.
Should the customer hand in a notice with the relevant Transfer form the customer is obliged to ensure that the relevant domain is immediately handed over to the new provider. Should the domain, at latest 1 month prior to the contract duration, still be registered at Greatnet.com and the domain not have been collected by the customer’s new provider Greatnet.com is entitled to erase the domain at the relevant registrar at the end of the contract duration and also to erase the appendant Web package without giving any further warnings.
2.8
Subject of this contract are all from the customer requested domains, as far as these have been allocated to the customer. Should certain domains be cancelled by the customer due to binding decisions in domain disputes, the customer has no right to demand a free of charge substitution domain. Advanced payments are not refundable as far as the contract notice is not at fault of Greatnet.com. This also applies to separate single services of a tariff or additional booked options.
2.9
In case that Greatnet.com, according to the regulations of the relevant Top-Level-Domains allocation authority, is not in the position to keep up the customer’s registration of a Sub-Level-Domain Greatnet.com is entitled to cancel the contract with the customer of these services exclusively with a 14 days notice at the end of the month.
2.10
After the contract termination the provider is no longer obliged to supply the contractual services. He is entitled to erase all customers’ data stored on the server, including all e-mails stored in the mail boxes. The customer is therefore responsible to store and save his data within sufficient time. Furthermore, after the contract termination, the provider is entitled to release the customers’ domains if those have not been assigned to anybody else.
3. Subject of the Agreement, Agreement changes
3.1.
As far as nothing else has been agreed in writing with the customer, Greatnet.com is offering technical support to the customer. This support can be reached on working days between 08:00 am and 5:00 pm via e-mail and telephone.
3.2
Subject of the contract regarding domain names is the in the name of the customer’s done registration and the maintenance of domain names in the internet at the therefore responsible allocation authorities.
3.3
Subject of the contract regarding Web-Hosting is the offering of hard drive memory for the on the internet operated servers.
3.4
Greatnet.com is guaranteeing a 99% access to its servers throughout the year. Excluded are times at which the server cannot be accessed by Greatnet.com either due to technical or other problems or at times that cannot be influenced by Greatnet.com (force majeure, faults from third parties, etc.). Greatnet.com can limit the access to the services, as long as the safety of the net running, the maintenance of the net integrity, especially the avoidance of serious net interruptions, the software or the saved data require these.
3.5
The scope of service results from the, at the time of the order valid customer information, the order form and the current valid monthly special offers.
3.6
If in the service description of the chosen tariff a certain memory capacity is mentioned, this is valid for the whole of the available memory storage of the server, according to the service description and is also being used for the saving of LogFiles, etc.
4. Domain registration, Exemption, Domain disputes, Domain repurchase
4.1
At the organising and/or maintenance of domains will Greatnet.com only be acting as an agent between the customer’s and the relevant domain allocation organisation’s relation. Greatnet.com has no influence of the domain allocation. Greatnet.com is taking no guarantee that the, by the customer ordered, domain will be allocated and/or allocated domains are free from rights of third parties and will have permanent continuance. The different top level domains (i.e. ".com, .org…") are administrated by various, mostly national organisations. Each of these organisations for the allocation of domains have its own conditions for the registration and administration of domains. Additionally the, for the domain to be registered, relevant registration conditions and guidelines count, which the provider will send at the request of the customer, and which can also be viewed on the internet at the relevant allocation authority. They are also integral part of the contract.
4.2
The customer guarantees that the, by him ordered, domain is not violating any rights of third parties. From claims from damages and all other expenses from third parties that are based upon the inadmissible usages of an internet domain by the customer or are with the customer’s consent, the customer is releasing Greatnet.com, its employees and performance assistants, the relevant organisation responsible for the domain allocation and all other for the registration involved persons.
4.3
The customer is obliged to inform Greatnet.com immediately with the possible loss of his domain. Intents the customer to buy back his domain of a third party, he is obliged to inform Greatnet.com immediately of the start of the negotiations with the third party, to answer Greatnet.com´s request of the negotiations status with the third party and to provide Greatnet.com with the primary right of the repurchase for the customer, if and as far as this is not in conflict with the customer’s interest.
4.4
A change of the requested domain after its registration at the relevant registrar is excluded. Should a requested domain, until the forwarding of the registration of the relevant registrar, already been allocated otherwise, the customer is entitled to choose a different domain. Should certain domains been cancelled by the customer due to binding decisions in domain disputes, the customer has no right to demand a free of charge substitution domain.
4.5
If third parties accredit, that contents of an online presence or of a domain violate their rights, or if it seems to be likely because of impartial clues, Greatnet.com can block the online presence, as long as the infringement or the conflict with the third party about the infringement lasts.
5. General Customer Duties
5.1
The customer is responsible for all contents that he keeps available or is saving on the server. The customer is furthermore responsible for the compliances with the legal and contractual regulations and also for the behaviour of third parties that are acting on his behalf, especially performing assistants. This also applies for all other third parties, which he knowingly supplied with access data for the provider’s services. The provider is not obliged to check the customer’s server for possible violations of laws.
5.2
The customer is obliged to keep the passwords he received from the provider in order to gain access at a strict secret and to inform the provider as soon as he gains knowledge of unauthorised third parties knowing these passwords.
5.3
The customer guarantees that the data he has given to Greatnet.com are complete and true. He is obliged to inform the provider immediately of any changes of all data. This especially applies to:
- Customer´s name and postal address
- In case of companies the legal representative
- Name, postal address, e-mail address, telephone and fax number of the technical contact person responsible for the domain
- Name, postal address, e-mail address, telephone and fax number of the administrational contact person responsible for the domain
5.4
The customer is obliged to inform the provider immediately and completely in case of any court, or out of court actions that have been brought upon him due to the usage of the contractual services.
5.5
The customer is obliged to regularly safe all of his used data and software settings himself. For the data securing (setting up a local backup) of the users’ data stored on the providers server is exclusively the user responsible. The provider is taking no liability for occurred damages for data that are stored on the server. The securing of the data has to be done by the customer before he does any changes and also before the provider arranges any maintenance work, as long as these have been announced in advance by the provider. The, by the customer prepared, back up copies are under no circumstances to be saved on the server.
5.6
The customer is to retrieve all received messages within the mail boxes on a regular basis and no longer than 4 weeks time and he is not to leave messages stored on the server. The provider reserves the right to return the customer’s personal mails to the sender, if these exceed the, in the relevant tariffs provided, capacity limits.
5.7
The customer is obliged without being given exclusive permission of the relevant receiver not to send or to let send any e-mails that contain commercials. This especially applies to e-mails with the same contents that are being distributed in masses (so called “spamming”). If the customer breaches these duties the provider is entitled to block the tariff immediately. The, from the server retrievable contents, saved data, inserted banners and the key words used in searching tools, are not to breach legal bans, the good customs or rights of third parties (especially trade names and copyrights). The customer is exclusively not allowed to offer or to let offer pornographic contents and services that are set to make profits, which contain pornographic and/or erotic contents. This even applies for contents that are not stored on the provider’s server and which can only be accessed via a provider’s domain, sub domain or any other kind of redirection. For each case of violation against any of the above mentioned duties, the customer promises to pay Greatnet.com a contractual penalty of 7.000,-- $ (in wording: seven thousand DOLLARS) and under the exclusion of the acceptance of a continuous connection).
5.8
The customer is obliged to design his internet page in such a way that an excessive strain of the server, for instance due to CGI scripts which require a large operating capacity and large storage capacity is being avoided. The provider is entitled to deny access to the customer or to third parties, which do not conform to the above mentioned requirements. Greatnet.com will inform the customer immediately of such actions taken.
5.9
The customer obliges not to operate or run any kind of chats, partner programmes, voting services, down load offers, which are illegal according to German law, like i.e. erotic sites, pornographically/racist interpretations, on the presences stored at Greatnet.com. The provider is therefore entitled to cancel the account or block the account until matters have been solved.
6. Liability Clause / Compensation Claims / Virus Spam Protection
6.1
Compensation claims due to the impossibility of the service, positive claims violation, faults at contract closure and prohibited actions are excluded both against the provider and against the provider’s execution and performance assistances, as far as there are no deliberate and negligent actions.
6.2
Compensation claims due to operational failures of an internet server can be claimed up to the amount of one monthly charge of the rented web space package starting for a failure duration longer than 72 hours (at once (without interruption)). Should assets damages be asserted so are these to be proven and after examination could these be reimbursed with up to 590.00 $.
6.3
The user himself is responsible for the securing of the user’s data (creating a local back up) that is stored on the provider’s server. The provider is taking no liability for occurred damages for data that are stored on the server.
6.4
The, from Greatnet.com offered virus and spam protection, is not releasing the customer of his duties to ensure his own local security measurements on the basis of the server, network, PC, etc. Greatnet.com excludes any kind of liability in connection with the general filtering, virus detection, spam marking, spam deleting, mail server blockage. The functions and the providing are done without any guarantee regarding accuracy or recognition rate (i.e. too "strong" filtering could possibly "erase" wanted mail and too "weak" filtering could possibly forward unwanted mail). Adequate special set ups for virus protection, spam protection, filtering, search of filtered mails, adaptation black list / white list, etc. are in each case at extra costs.
7. Service Interruptions
7.1
The provider is only responsible for service interruptions as long as these relate to the services to be carried out by the provider, as described in section 3.6. Especially for the functioning of the actual internet presence of the customer’s existing and stored data (i.e. HTML data, flash data, scripts, etc.) on the server the provider is not responsible, as long as the non-functioning is not based on an error of the services that need carrying out according to section 2.1.
7.2
The provider has to resolve interruptions within reason of his technical and administrational possibilities, immediately. The customer is obliged to inform the provider of known interruptions (“Stoerungsmeldung” / “Interruption Notification”) immediately. If the interruption is not fixed within a reasonable time frame the customer is requested to give the provider an additional dead line that is within reason. Should the interruption not be fixed within the additional dead line the customer has the right for a reimbursement of the to him occurred damages according to section 6.
7.3
Should the functioning of the server be influenced due to non contractual contents or due to the usage beyond the contract the customer is not entitled to claim his rights for these kinds of interruptions. In case of Force Majeure the provider is not liable for service duties. This especially applies to legal strikes, also at third party’s companies and official actions as long as these are not at fault of the provider.
8. Payment, Payment Increase
8.1
The customer’s payment values to Greatnet.com and the accounting period result from the service description of the customer’s chosen tariff. The money considerations are due in advance, before issuing of invoice.
8.2
Invoicing will be done exclusively online. The customer exclusively agrees that he will not receive any postal invoices. However, if the customer should demand postal invoicing the provider is entitled to charge therefore 3,20 $ per invoice.
In case of an objection against the collection of a credit card, the provider is entitled to charge the customer the arising credit card fees in the amount of 60,00 $, if the customer doesn´t accredit the entitled objection. In this case the customer receives an application for payment by e-mail, which contains this administration charge.
If payments are outstanding longer than 30 days the provider is entitled to cancel the account and the domain respectively.
8.3
The customer is giving the provider the permission to debit one of the customer’s stated credit card with the outstanding amounts, as long as nothing else has been agreed upon. For this the customer has to state his credit card data while ordering. The customer has to ensure sufficient cover of his credit card limit. The costs for credit card back posting, as well as arising costs for dunning procedures have to be taken by the customer. At credit card payment the customer is bound to inform the provider of his new card details immediately, so that a correct credit card booking can be assured.
8.4
The provider is entitled to increase payments appropriate. In each case a yearly increase of 5% is appropriate. This payment increase has to be agreed upon by the customer. The customer’s permission is given if the customer is not objecting within one month of receiving these changes.
8.5
Advanced payments are not refundable as far as the contract notice is not at fault of Greatnet.com. This also applies to separate single tariff services or additional ordered options.
9. Data Protection
9.1
We are pointing out that personnel related data will be saved in accordance to the contract implementation.
9.2
The customer is aware that the data stored on the server can technically be viewed by the provider at any time. Furthermore could it theoretically be possible that the customer’s data could be viewed by unauthorised third parties, during data transmission.
10. Final Definitions
10.1
Place of fulfilment is Hausham, Germany. The jurisdiction for any kind of claims of arising disputes between the contract parties based upon their contractual relation, especially over the coming about, the processing or the termination of the contract is, as far as the customer is a business man, is a legal representative of public rights, or is a representative of legal public fund assets, is Miesbach, Germany. The provider may also sue the customer at the customer’s general jurisdiction.
10.2
For the, from the provider closed contracts based upon these General Terms of Business and the therefore resulting claims of any kind, apply exclusively the rights of the German Federal Republic under the exclusion of regulation for the common UN purchase act and the contract for the sale of goods (CISG).
10.3
The contract parties agree that the contents of these General Terms of Business are guarded by fax and not by e-mail or telephone.
10.4
Should certain regulations of these General Terms of Business and/or the contract be or become ineffective is this not effecting the remaining regulations. The contract parties are obliged instead of an ineffective regulation to agree upon an effective regulation, whose economical success is as close as possible to the ineffective regulation.
