- These AGB apply to all services of the RAIDBOXES GmbH, Friedrich-Ebert-Straße 7, 48153 Muenster (here in after referred to as RAIDBOXES).
Insofar as the term "customer(s)" is referred to in the following, this applies both to consumers within the meaning of § 13 BGB and to entrepreneurs within the meaning of § 14 BGB.
- RAIDBOXES provides all services exclusively on the basis of these GTC, even if no express reference is made to them. This applies in particular even if the customer uses his own general terms and conditions and these contain terms and conditions that contradict or deviate from the terms and conditions listed here. Also exclusively the terms and conditions of RAIDBOXES the general terms and conditions provided, if RAIDBOXES executes the order without reservation in the knowledge that the customer's terms and conditions are contrary to or deviate from the terms and conditions listed here.
- In addition to these General Terms and Conditions of RAIDBOXES business, special conditions apply to individual products, especially for domains, which can be downloaded here. These additional conditions also apply if the respective product is only part of a package booked by the customer, which also includes other services.
- RAIDBOXES reserves the right to change these general terms and conditions at any time, subject to a reasonable period of notice. If the customer does not object to the change within one of RAIDBOXES the amendment shall be deemed to have been approved. RAIDBOXES notifies the customer in the change notification that the change will take effect if he does not object within the set period. In the event of a timely, formal objection, the previous GTC shall continue to apply in the relationship between the parties; in this case, both the customer and RAIDBOXES is entitled to terminate the contract within two weeks after notification of the GTC extraordinarily within the framework of a special right of termination.
- RAIDBOXES provides Software as a Service (SaaS) services to make content accessible via the Internet. For this purpose, the customer is provided with system resources on a server. The customer can store content on this server up to a certain extent. On the server, the contents are made available for retrieval via the Internet under an Internet domain assigned to the customer. The exact scope results from the Service description of the tariffs RAIDBOXES offered.
- The concrete subject of the contract is a so-called "RAIDBOXES account" (hereinafter uniformly used for the customer menu and the entire contract), in which the customer can create and administer one or more "BOXES" (hereinafter also "BOX"), domains and add-ons.
BOXES are system resources that are made available to the customer to quickly and user-friendly new installations of the Open Source Content Management System (CMS) WordPress to be created. The maximum possible number of BOXES per contract results from the service description of the add-on services provided by RAIDBOXES offered tariffs. In accordance with the respective service description, the customer will be charged for storage space, computing power (in the form of CPU and RAM) and the type of server, as well as other offer-specific setting options on the servers offered by RAIDBOXES system resources made available. Offer-specific setting options mean functions that RAIDBOXES at server level. This includes in particular write permissions to files and folders of the WordPress -core software, web server settings and backups and RAIDBOXES Add-on services.
- RAIDBOXES it is permitted to involve subcontractors in the allocation of storage space and server resources. The use of subcontractors releases RAIDBOXES not from its sole obligation towards the customer to fully perform the contract.
- The contents of the storage space intended for the customer are RAIDBOXES regularly backed up by (Backups). Details of the frequency and procedures for securing are set out in the specifications. The customer has no claim to the surrender of one of the backup media, but only to the retransfer of the backed up contents to the server.
- RAIDBOXES reserves the right to extend services and make improvements if these serve technical progress, appear necessary to prevent misuse or if the provider is obliged to do so by law. Other changes to the content of the contract, including these terms and conditions, can be made RAIDBOXES - with the consent of the customer - provided that the change is made with due regard to the interests of RAIDBOXES is reasonable for the customer. Unacceptable is in particular any amendment to the contract which would lead to a reduction of the main contractual services of RAIDBOXES to the effect. Consent to the amendment of the contract shall be deemed to have been given if the customer does not object to the amendment within one month of receipt of the notification of amendment. RAIDBOXES undertakes to inform the customer of the consequences of a failure to object in the course of the notification of change.
- As far as the use of the customer or reasons on the part of RAIDBOXES make it necessary, remains RAIDBOXES reserve the right to transfer the customer's data to another server environment (data migration). The aim here is always an improvement in performance in terms of availability, performance or scope of services. Thereby RAIDBOXES ensure that data migration is carried out with due consideration for the interests of RAIDBOXES is reasonable for the customer.
- Voluntary, unpaid services and benefits of RAIDBOXES which are expressly designated as such and are not part of the service description, can be RAIDBOXES can be stopped at any time. RAIDBOXES will take into account the legitimate interests of the customer when making changes and discontinuing free services and performances.
- Registration of domains
If the customer instructs the provider to register a domain, the contract is concluded exclusively between the customer and the respective registry. RAIDBOXES acts on behalf of the customer within the framework of an agency agreement. RAIDBOXES has no influence on the domain assignment by the registry. RAIDBOXES also does not check whether the registration infringes the rights of third parties. RAIDBOXES is entitled to release the customer's domain after termination of the contract.
- The services RAIDBOXES described on the website of described services do not represent binding offers on the part of the provider, but serve as a basis for the submission of a binding offer by the customer.
- The customer can use the offer, which is available on the website of RAIDBOXES submit the online order form provided. In order to submit an offer, prior registration is necessary. For registration, the customer is requested to give his name and e-mail address. The thereby created RAIDBOXES -account is free of charge for the customer.
This offer can RAIDBOXES be accepted within 2 days
- by creating or converting the BOX or
- by sending a written order confirmation via e-mail.
- If there are several of the aforementioned alternatives, the contract is concluded at the point in time when one of the aforementioned alternatives occurs first. If RAIDBOXES the customer's offer is not accepted within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
- The period for acceptance of the offer begins on the day after the customer sends the offer and ends at the end of the third day following the sending of the offer.
- When submitting an offer via the online order form of RAIDBOXES the text of the contract is replaced by RAIDBOXES and sent to the customer after sending his order in text form via e-mail. The contract text cannot be changed by the customer after sending his order via the website of RAIDBOXES can be retrieved.
Before the binding submission of the order via the online order form of RAIDBOXES the customer can correct his entries continuously. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there.
- For the conclusion of the contract, the European Spanish and English languages are available.
- The order processing and contact is usually done by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that the e-mail address used by RAIDBOXES sent e-mails can be received. In particular, when using spam filters, the customer must ensure that all e-mails sent by RAIDBOXES or e-mails sent by this third party commissioned with the order processing.
- Before the conclusion of the contract, the customer has the possibility to download a free DEMO BOX and to use it. This test phase begins with the creation of the first BOX in the RAIDBOXES account. Already during the test phase the customer has the possibility to use the free DEMO BOX into a chargeable BOX and to create and use one or more BOXES subject to a charge in addition to this.
- The customer must ensure the correctness of the data for the joint contract. To use the free DEMO BOX into a chargeable BOX or to convert a further, chargeable, share BOX the customer must make a corresponding declaration in the dashboard and provide the information necessary for the processing of the contractual relationship (name, a postal address suitable for summons (no P.O. BOX or other anonymous addresses), e-mail address, telephone number and, if applicable, bank details). The customer assures that all data sent to RAIDBOXES transmitted data are correct and complete. In the event of changes, the customer must immediately notify the data via the dashboard or by sending a message to RAIDBOXES by mail, chat or e-mail. At the end of the test phase the free DEMO BOX deleted, if the customer does not convert it into a chargeable BOX has transformed. If the customer still wishes to use the free DEMO BOX not into a chargeable BOX has converted, this BOX from RAIDBOXES automatically and irrevocably deleted.
- If the customer has neither the DEMO BOX into a chargeable BOX converted still beside this one more liable to pay the costs BOX then the contract ends automatically one week after the end of the test phase, without the RAIDBOXES need for a cancellation by the customer. The automatic deletion of the BOX the customer will be informed before the end of the test phase. Even after the end of the test phase, the customer will receive two notices to this effect within one week - at reasonable intervals - at the e-mail address provided by him.
- For more information on the DEMO BOXES, see section B.
- RAIDBOXES provides the customer for the duration of the contract a free "RAIDBOXES -Account" in the respective current version. The current range of functions and services of the "RAIDBOXES -Accounts" results from the current service description on the website of RAIDBOXES .
- The online service of RAIDBOXES is offered subject to availability. An availability of 100% is technically not feasible and can therefore be RAIDBOXES cannot be guaranteed. Due to the decentralized structure of the Internet RAIDBOXES is only responsible for the accessibility insofar as the unavailability is due to the part of the network operated by him, the web server itself or one of his vicarious agents. The servers underlying our services are operated by Hetzner Online GmbH, Digital Ocean LLC. and dogado GmbH. Hetzner guarantees an availability of 99.9% on an annual average (point 3.2 of the Hetzner General Terms and Conditions), Digital Ocean an availability of 99.99% (https://www.digitalocean.com/docs/platform/droplet-policies/#droplet-service-level-agreement-sla) and dogado between 99%-99.99% depending on the component. RAIDBOXES is extremely keen to maintain these values.
- Unless otherwise agreed, the following are guaranteed RAIDBOXES an availability of its services offered via the Internet of at least 99% on an annual average. Availability is given when the system resources and services are essentially operational. Availability is calculated on the basis of the time allotted to the respective calendar month during the contract period, less the maintenance periods defined below. RAIDBOXES will carry out the maintenance work, as far as possible, during periods of low usage.
- RAIDBOXES will immediately eliminate all software errors in accordance with the technical possibilities. An error shall be deemed to exist if the RAIDBOXES -Account does not fulfil the functions specified in the service description, delivers faulty results or otherwise does not function properly so that the use of the "RAIDBOXES -accounts" is impossible or limited. RAIDBOXES is dependent on infrastructures operated by third parties (Digital Ocean LLC., Hetzner Online GmbH, dogado GmbH) for the provision of the service, which are RAIDBOXES has no influence. Therefore, malfunctions or impairments may occur which have their cause outside the sphere of influence of RAIDBOXES especially disruptions of the Internet or due to force majeure.
- RAIDBOXES is dependent on infrastructures operated by third parties (Digital Ocean LLC., Hetzner Online GmbH) for the provision of the service and which are RAIDBOXES has no influence. Therefore, malfunctions or impairments may occur which have their cause outside the sphere of influence of RAIDBOXES especially disruptions of the Internet or due to force majeure.
The following circumstances are not considered to be operational disturbances:
- Interruptions of the accessibility due to disturbances in the area of third parties, which are RAIDBOXES beyond our control
- interruptions due to force majeure
- short-term interruptions to operations that are necessary to prevent or avoid concrete threats from possible misuse by third parties (so-called exploits) (e.g. through updates)
- To maintain the efficiency of the technology used RAIDBOXES regularly carry out maintenance and service work. Insofar as these works involve service failures, the customer shall RAIDBOXES if possible, place them in times of usually low demand.
- In order to maintain a high level of security, software updates are regularly installed. This allows the scope and design of the security measures implemented by RAIDBOXES change the services provided. It cannot be ruled out that this may also require changes to the contents deposited by the customer or applications installed by the customer. As far as possible RAIDBOXES inform the customer of this in advance. If such a system update requires changes that are unreasonable for the customer, the customer may terminate the contract extraordinarily.
- During the term of a contract a change to one Plan with more performance (upgrade) or less performance (downgrade) is possible at any time at the request of the customer. Any fees for the change are to be inquired at RAIDBOXES. Once the change has been completed, a new contract shall commence on the basis of the service description and general terms and conditions applicable at the time of the change and, if applicable, with a new minimum term. In the event of a change to a higher-value Plan bill of exchange, unused payments by the customer for the old one will be Plan refunded.
- The customer is not entitled to have the same IP address assigned to the server for the entire contract period.
- has faults RAIDBOXES within the framework of technical and operational possibilities. The customer is obliged, RAIDBOXES to immediately indicate any faults that are recognisable to him ("fault message"). If the fault is not rectified within a reasonable period of time, the customer shall RAIDBOXES to set a reasonable period of grace (usually one week). The setting of a grace period must be made in writing. If the disruption is not remedied within this period of grace, the customer shall be entitled to compensation for any damage incurred. This claim does not apply to damages caused by RAIDBOXES offered beta features, voluntary free services and DEMO BOXES.
- If the functionality of the BOXES is limited due to contents not in accordance with the contract or due to a use beyond the contractually presupposed use, the customer cannot assert any rights with regard to disturbances based on this. In case of force majeure, the customer is RAIDBOXES released from the obligation to perform.
- Device RAIDBOXES is in default with performance obligations, the customer shall only be entitled to withdraw from the contract if RAIDBOXES fails to comply with a reasonable grace period set by the customer. The setting of a grace period must be made in writing. The written form can be replaced by electronic form if the customer adds his name to the declaration and provides the electronic document with a qualified electronic signature in accordance with the Digital Signature Act. The period of grace must be at least two weeks.
- RAIDBOXES reserves the right to change the services offered or to offer different services, unless this is not reasonable for the customer.
- RAIDBOXES also reserves the right to change the services offered or to offer different services,
- insofar as we are obliged to do so due to a change in the legal situation;
- to the extent that we thereby comply with a court judgment or a decision of the authorities directed against us;
- insofar as the respective change is necessary to close existing security gaps;
- if the change is only beneficial to the customer; or
- if the change is of a purely technical or procedural nature and has no significant impact on the customer.
- Changes with only insignificant influence on the services of the provider do not constitute changes in services in the sense of this section. This applies in particular to changes of a purely graphical nature and the mere modification of the arrangement of functions.
- If the customer is to be regarded as a consumer within the meaning of § 13 BGB, the concluded contract can be revoked within fourteen days (revocation period) without giving reasons. According to § 13 BGB, a consumer is "any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. Whether or not a consumer characteristic is present lies in the determination of RAIDBOXES .
- In order to exercise the right of withdrawal, the consumer must inform the seller of his decision to withdraw from the contract by means RAIDBOXES of a clear statement (e.g. a letter or e-mail sent by post). The attached model withdrawal form can be used for this purpose, but is not mandatory. In order to comply with the withdrawal period, it is sufficient if the notification of the exercise of the right of withdrawal is sent before the end of the withdrawal period.
- Consequences of revocation
After successful revocation, the payments made so far will be refunded immediately and at the latest within fourteen days from the day on which the notification of your revocation of this contract is received by RAIDBOXES has been received. Used for this repayment RAIDBOXES the same means of payment used in the original transaction, unless expressly agreed otherwise; in no case shall any charges be made for this repayment.
- Sample revocation form: (Delete as applicable.)
To RAIDBOXES Ltd
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/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 case of communication on paper)
- The contract period is determined by the payment interval selected by the customer. At the end of the contract period, it is automatically extended by the period of the previously selected payment interval.
- The contract can be terminated at any time, without notice, at the end of the contract.
- Notice of termination can only be given in writing by letter or via the secure online administration area (RAIDBOXES dashboard). Termination by e-mail is permissible if the e-mail address used by the sender is stored for the customer account. The notice of termination must state the essential elements of the contract (name, first name, customer number, contract number, BOX contract number).
- If a customer owns several BOXES, it is imperative that the termination specifically states which BOX and which contract is to be terminated.
- Failure to state when the termination is to take place will result in the date of expiry of the contract.
- In the event of termination by the customer, the customer must indicate what is to happen to domains registered for him. If the customer also gives notice in this respect at the request of RAIDBOXES no timely instructions, is RAIDBOXES entitled to delete the domains (Close). If the termination is effected by RAIDBOXES the foregoing shall apply mutatis mutandis, provided that RAIDBOXES must request the customer to give instructions with the termination.
- The right of both parties to terminate the contractual relationship without notice for good cause remains unaffected. An important reason for a termination by RAIDBOXES is given in the following cases in particular:
- The customer is in default with the payment of the agreed remuneration or a not insignificant part of the remuneration for two consecutive dates, or the customer is in default with the payment of the remuneration for a period extending over more than two dates in an amount corresponding to the remuneration for two months.
- The customer is insolvent or an application for insolvency has been filed against his assets or the application for insolvency proceedings has been rejected due to lack of assets.
- The customer violates essential contractual obligations and does not immediately stop this violation despite a warning or notification of the blocking of the contents by RAIDBOXES not immediately stop it.
- The amount of the fees to RAIDBOXES be paid by the customer and the respective billing period are determined by the service description of the tariff chosen by the customer.
- Invoices are generally issued online by placing the invoice in the dashboard as a downloadable and printable file.
The online invoice shall be deemed to have been received by the customer when it is available for him/her in the dashboard and has thus become available to him/her. This also applies if RAIDBOXES the invoice is also sent to the customer by e-mail as a PDF document.
- RAIDBOXES offers the customer the possibility to pay accrued amounts by direct debit, invoice or credit card. The resulting billing period corresponds to the contract period. The payments are always due in advance.
- Payment on invoice: If the payment method invoice is selected, the usage-based fees are due in advance for the selected contract period. Invoices are to be paid within 10 days.
- Payment by SEPA direct debit: For payments by SEPA direct debit, the use-independent fee is debited to the customer. The customer hereby authorises RAIDBOXES the customer is obliged to collect the payments to be made by the customer from an account specified by the customer. For this the customer issues RAIDBOXES a direct debit mandate (SEPA) that can be revoked at any time. We currently accept direct debit mandates from Germany, Austria and the Netherlands. If the direct debit is not honoured due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit although he is not entitled to do so, the customer shall bear the fees arising from the chargeback of the respective bank if he is responsible for this. The customer shall have the right to prove that RAIDBOXES no damage at all or considerably less damage has been incurred. The customer will be sent a reminder to this effect, which is to be transferred. An automatic further collection of this claim does not occur.
- Payment by credit card: In the case of credit card payments, the customer will be debited in advance for the usage-independent fee. For this purpose, the customer must enter his credit card data in the dashboard. If debits are rejected by the respective payment service provider (e.g. due to outdated credit card data) or if debits are not possible due to technical circumstances, the customer reserves the right to cancel the transaction. RAIDBOXES before switching to the payment method on account (letter a. above) or SEPA direct debit (letter b. above) The customer is RAIDBOXES will be informed in good time of any problems with the direct debit and will be given the opportunity to update his credit card details or billing information within a reasonable period before the changeover.
- If the customer is in default of payment RAIDBOXES is entitled to refuse the services after a reminder has been issued. This is usually done by blocking the BOX. The payment obligation of the customer is not affected by this. The right to extraordinary termination without notice by RAIDBOXES remains unaffected.
- If the customer is in default of payment of a not inconsiderable part of the remuneration for two consecutive months or, in a period lasting more than two months, of an amount corresponding to a monthly fee, the contractual relationship may RAIDBOXES be terminated without notice for good cause.
- As with any service provided on a permanent basis, the services provided by RAIDBOXES change the costs of the services provided due to changes in the legal and economic context (e.g. by increasing energy and telecommunications costs). RAIDBOXES therefore reserves the right to change the prices at the beginning of a new billing period with a change period of six weeks. The customer is entitled to extraordinary termination at the time the price change takes effect. If the customer does not exercise this right within four weeks of receipt of the notification, the change shall be deemed to have been approved; after this RAIDBOXES expressly draw the attention of the customer.
- RAIDBOXES is entitled to increase the fees appropriately. In any case, an annual increase of no more than 10% shall be appropriate in this respect. The increase in fees requires the consent of the customer. Consent shall be deemed to have been given if the customer does not object to the increase within one month of receipt of the notification of change. RAIDBOXES is obliged to inform the customer of the consequences of a failure to object in the notification of change.
- The customer has the possibility to back up all files and software settings manually via the backup function. Appropriate backup options are available in the dashboard. Notwithstanding the obligation to RAIDBOXES make backup copies, the customer is obliged to make regular backup copies at his own responsibility.
- The responsibility for the contents lies with the customer. The customer alone is responsible for all content that the customer BOXstores or makes available for retrieval. Within the scope of his obligation to comply with the legal and contractual regulations, the customer is also responsible for the conduct of third parties acting on his behalf, in particular his vicarious agents and assistants. This also applies to other third parties to whom he knowingly provides necessary access data. RAIDBOXES is not in a position to check the contents of the customer pages for possible violations. Furthermore, the customer shall ensure that programs, scripts or the like installed by him do not impair the operation of the server or the communication network of RAIDBOXES or the security and integrity of others on the servers of RAIDBOXES does not endanger the stored data.
- The contents stored by the customer on the storage space intended for him may be protected by copyright and data protection laws. The customer grants RAIDBOXES the right to make the contents stored by him on the server accessible in case of queries via the Internet, in particular to copy and transmit them for this purpose and to be able to reproduce them for the purpose of data backup. The customer shall check on his own responsibility whether the use of personal data by him meets data protection requirements.
- The secure handling of passwords is the responsibility of the customer. RAIDBOXES expressly points out that on the Internet, among other things, attempts are constantly being made to guess access passwords by automated trial and error. It is the customer's duty to protect his BOXES against such attacks and to choose passwords in such a way that they are not endangered by these scanning attempts.
- The customer is responsible for changing his passwords at regular intervals. Only those passwords should be chosen which are classified as very strong during the check. The customer undertakes to use the passwords issued by RAIDBOXES to keep passwords received for the purpose of access strictly confidential and RAIDBOXES as soon as he/she becomes aware that the password is known to unauthorized third parties. The customer shall also RAIDBOXES immediately as soon as he has evidence that third parties are using his server without authorisation.
- The customer is obligated to provide correct and complete personal data when registering and to notify us immediately of any RAIDBOXES changes to this data.
- The customer provides RAIDBOXES from all claims, which third parties may assert against RAIDBOXES against the customer for violation of their rights due to content stored on the server by the customer. The customer shall assume the costs of the necessary legal defence, including all court and attorney's fees in an appropriate amount. This does not apply if the customer is not responsible for the violation of rights. The customer is obliged, RAIDBOXES in the event of a claim by third parties, to provide immediately, truthfully and completely all information necessary for the examination of the claims and a defence.
- In the event of an imminent or actual breach of the above obligations, as well as in the event of the assertion of not obviously unfounded third-party claims against RAIDBOXES due to the contents stored on the server is RAIDBOXES is entitled, taking into account also the legitimate interests of the customer, to temporarily suspend the connection of this content to the Internet in whole or in part with immediate effect. RAIDBOXES will inform the customer about this measure without delay.
- Do programs, scripts or similar installed by the customer endanger or impair the operation of the server or the communication network of RAIDBOXES or the security and integrity of others on the servers of RAIDBOXES stored data, then RAIDBOXES disable or uninstall these programs, scripts etc. If the removal of the threat or impairment requires it, the RAIDBOXES is also entitled to interrupt the connection of the contents stored on the server to the Internet. RAIDBOXES will inform the customer about this measure immediately.
- The customer must avoid using the server system of RAIDBOXES excessive strain. An excessive load can be caused especially by scripts that are not included in the program library of RAIDBOXES are included. In the event that customer content impairs or acutely endangers the functionality, security or availability of the server system RAIDBOXES entitled to delete the account of the customer
- The customer may leave one BOX of his employees/ vicarious agents for use in whole or in part.
- The customer is obliged to comply with all legal regulations, in particular to provide the information required by the TMG and DS-GVO on a website. In particular, retrievable content, stored data, banners displayed and the keywords used in search engine entries may not violate the law or the rights of third parties (in particular trademarks, name and copyright).
The following shall be considered particularly serious infringements
- Violations of regulations for the protection of minors
- Considerable copyright infringements that arise from the storage and/or retrieval of content, in particular music, pictures, videos, software etc.
- Punishable spying or manipulation of the data of RAIDBOXES and/or other customers of RAIDBOXES .
- The customer is contractually prohibited from
- to offer pornographic contents as well as services aimed at making a profit, or to have them offered, which have pornographic and/or erotic contents (e.g. nude pictures, peep shows etc.) as their subject,
- Phishingsites ,
- to operate or sites run public games of chance covered by the State Treaty on Gambling, which advertise or compare gambling
- to offer content that glorifies or trivializes war, terror and other acts of violence against people or animals,
- to offer content that is likely to seriously endanger children or young people morally,
- to provide content that depicts people in a way that violates human dignity and/or depicts actual events without there being an overriding legitimate interest in this form of reporting,
- The aforementioned obligations shall apply accordingly to references ("hyperlinks") of the customer to such third-party content set up on the website,
- to send non-transactional content when sending e-mails via the SMTP relay RAIDBOXES provided by In particular, the sending of newsletters, spam and malware is strictly prohibited.
- The operation of download portals or a comparable use of storage space for the mass distribution of files as downloads, as well as the installation of software or the excessive playing of videos, whose data transfer (traffic) is not measured by default (measured by default is: www traffic, mail traffic and FTP traffic). In the event of a violation, the customer is RAIDBOXES entitled to delete the customer's account.
- The sending of spam e-mails via the software BOXinstalled in the system is not permitted, unless it is a matter of sending e-mails to recipients without their consent in individual cases and the consent of the respective recipient is not available, although it is required ("spam"). The proof of consent (see § 7 para. 2 UWG) of the respective recipient is not RAIDBOXES the responsibility of the customer, but of the customer. The customer is also prohibited from advertising BOX contents by means of spam e-mails sent via other providers. The customer is also prohibited from sending so-called "Paidmails" or e-mails with which a "Referral System" is advertised.
- Insofar as the customer is not acting as a consumer RAIDBOXES in the event of a breach of obligations of these GTC for which the customer is responsible, demand payment of a contractual penalty of up to 5,000.00 EUR, the amount of which shall be RAIDBOXES is to be determined in the individual case and the amount of which the customer can have judicially reviewed. The objection of a continuation of the infringement is excluded; in the case of persistent infringements of the law, at least every month shall be deemed an independent infringement. The assertion of further damages remains unaffected by the contractual penalty.
- From damages, which RAIDBOXES arising from a violation of statutory provisions or the rights of third parties, the customer shall RAIDBOXES free, insofar as he is at fault. If exemption is not possible, the customer shall owe compensation for the damage. The compensation also includes the reasonable costs of a necessary legal defence on the part of RAIDBOXES . RAIDBOXES shall inform the customer immediately if claims are asserted by third parties and shall give the customer the opportunity to comment.
- Liability for damages RAIDBOXES regardless of the legal grounds, within the scope of liability for intent and gross negligence. In case of simple negligence RAIDBOXES subject to legal limitations of liability (e.g. care in own affairs, minor breach of duty etc.), only
- for damages resulting from injury to life, body or health and
- for damages resulting from the breach of an essential contractual obligation (obligation whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely). In this case the liability of RAIDBOXES however, is limited to the compensation of the foreseeable, typically occurring damage. In the event of a loss of data, the liability of RAIDBOXES shall be limited to the costs of duplicating the data from the backup copies to be made by the customer and for restoring the data which would have been lost even if the data had been properly backed up.
2 The limitations of liability resulting from paragraph 1 shall also apply to breaches of duty by or in favour of persons whose fault RAIDBOXES is responsible according to legal regulations. They shall not apply insofar as RAIDBOXES has fraudulently concealed a defect or has assumed a guarantee and for claims under the Product Liability Act.
- RAIDBOXES is entitled to block the BOXES without prior notice if objective facts give reason to suspect that a BOX is misused to a considerable extent by third parties (e.g. hacker attack). Likewise RAIDBOXES entitled to block without prior notice, in the event that a BOX there is any other significant and obvious (evident) violation of laws or rights of third parties.
- About the blocking RAIDBOXES inform the customer immediately. RAIDBOXES satisfies his duty of notification if he sends the notification by e-mail to the e-mail address provided by the customer.
- If the blocking is due to a state of affairs that is contrary to the law and/or the contract, the RAIDBOXES make the lifting of the blockage dependent on the customer eliminating the illegal situation and, to exclude the risk of recurrence, issue a declaration of discontinuance with a contractual penalty RAIDBOXES and provides appropriate security. The amount of the contractual penalty promise as well as the security is based on the significance of the violation. For the removal of a violation it may be necessary that RAIDBOXES temporarily removes the blockage. As a rule RAIDBOXES handle this as follows: The customer must first make a written declaration that he wishes to eliminate the violation. Afterwards RAIDBOXES the blocking for removal temporarily and informs the customer about it.
- RAIDBOXES is also entitled to block BOXEN if the customer is in default with his payment. As soon as the customer has fulfilled his default of payment, his will be unblocked BOX again.
- New BOXES can also be blocked for validation purposes. After the new customer has confirmed his identity, the new BOX will be BOX unlocked.
- In case of a malware infection of the BOX is RAIDBOXES entitled to use the infected BOX to lock down immediately. This is done for system security and also as protection for the BOX-owner, since he does not receive any penalty from search engines and the visitors of his BOX to be in any danger.
- Likewise RAIDBOXES shall be entitled to use the information provided by RAIDBOXES SMTP relay, to prevent the sending of e-mails, provided that RAIDBOXES is requested to do so by the service provider on which the service is based.
- RAIDBOXES expressly points out to the customer that data protection for data transmissions in open networks, such as the Internet, cannot be comprehensively guaranteed according to the current state of the art. The customer is aware that the provider can view the website stored on the web server and possibly also other customer data stored there at any time from a technical point of view. Other participants on the Internet may also be technically able to intervene in the network security without authorisation and to control the communication traffic. The customer is fully responsible for the security and protection of the data transmitted by him to the Internet and stored on web servers.
- The place of juris diction for all claims arising from the contractual relations between the parties to the contract, in particular with regard to the formation, execution or termination of the contract, is - insofar as the customer is a registered trader, a legal entity under public law or a special fund under public law - Münster in Westphalia, Münster district. RAIDBOXES may also sue the customer at his general place of jurisdiction.
- The law of the Federal Republic of Germany shall apply exclusively to contracts concluded RAIDBOXES on the basis of these terms and conditions and to the claims arising therefrom, irrespective of their nature, to the exclusion of the provisions of the Uniform UN Convention on Contracts for the International Sale of Goods (CISG).
- The customer may only offset against claims by RAIDBOXES us insofar as these are uncontradicted or have been legally established. The customer is only entitled to assert a right of retention due to counterclaims resulting from the contractual relationship with the provider.
- Should individual provisions of these terms and conditions be invalid, this shall not affect the validity of the contract as a whole.
- We offer our customers automatic backups as part of our service. These are automatically created daily from 3:00 am MEST, depending on the size of the backup, the creation can take several hours. Our backups are stored in the data centers of Amazon Web Services, Inc. 410 Terry Avenue North, Seattle WA 98109, United States, in short: AWS. We have chosen Frankfurt as server location. When a backup is created, the BOXactual version on the server at 3:00 am is mirrored. A content and functional control on our site part is not carried out.
- Each automatically created backup is stored for 30 days. After 30 days the respective backup is irrevocably deleted.
- If one of RAIDBOXES independent backup-Plugin used, can be RAIDBOXES cannot guarantee the completeness and functionality of the backup we have created.
- RAIDBOXES offers the customer the possibility of a manual backup. A manually created backup is deleted as soon as the customer BOXcancels and deletes his. The number of possible backups depends on the tariff and can be found in the product description.
- The staging environment (database and file system) is not part of the backup for RAIDBOXES.
The special conditions described here supplement and concretise the regulations set out in section A §4.
1. Derogating provision
For free BOXES during the test phase, the services listed in section A § 5 do not apply in full.
2. Service content
- RAIDBOXES offers DEMO BOXES for every selectable Plan one. MINI and STARTER can be tested for 14 days free of charge, High Traffic BOXES for 4 days. The exact demo times are displayed when selecting the DEMO BOX.
- For free BOXES during the test phase, the customer is not entitled to the provision of the entire functional range of the regular product.
3. Deletion of the data
- If the customer has neither the free BOX converted into a chargeable one nor next to this one another chargeable BOX then the contract ends automatically, without any notice of termination on the part of the customer or RAIDBOXES after the end of the test phase. The free RAIDBOXES -account will continue to exist.
- In the FULLY MANAGED plan we offer automatic plugin (supporting WordPress software) and theme (WordPress design templates) updates for the WordPress CMS.
1. Procedure for updating plugins and themes
- An update process always requires a daily backup. After the update process the website is checked for accessibility. A complete check of the website for functionality and design is not performed. Due to the numerous Plugin-updates, the customer will not be informed about performed Plugin-updates. The customer is therefore required to check his website at least once a week.
- Excluded from this are sites those which are neither accessible nor correctly linked. No automatic update takes place here. In this case, the customer will be contacted by RAIDBOXES the e-mail address stored in his account.
- If one site is no longer accessible after an update has been carried out, sites von RAIDBOXES will attempt to restore the backup previously created.
- Should the customer experience problems with his website, the website can be reset to the previously created backup at any time. If an error on the website is RAIDBOXES detected by an plugin or Theme update, the previously created backup will be restored to the BOX website and the customer will be notified. It can then be jointly agreed whether an update should be suspended for the time being or whether an additional, chargeable support service should be used.
3. Disclaimer of liability
- RAIDBOXES is not liable for damage caused by Plugin- or Theme-updates are caused. In particular, the customer has no right to claim that problems with Plugin- and Theme-Updates by RAIDBOXES can be fixed.
- Will be published via RAIDBOXES registers a domain, the contract is concluded directly between the customer and the respective registrar. RAIDBOXES acts in relation to the customer as an intermediary, Internet Service Provider (ISP), in the context of an agency relationship against payment (§675 BGB). Therefore the registration conditions and guidelines of the respective registry or registry apply. As far as these are contradictory to the present AGB of RAIDBOXES the respective registration conditions and guidelines take precedence over the general terms and conditions of RAIDBOXES . An overview of the guidelines and registration conditions can be here can be inspected.
- The registration of domains takes place in an automated procedure. RAIDBOXES has no influence on the allocation of domains. RAIDBOXES therefore does not guarantee that the domains applied for on behalf of the customer can be allocated (delegated), are permanent and free from third-party rights.
- The customer is obliged to cooperate in a reasonable manner in the registration, transfer and deletion of domains as well as in changing entries in the databases of the registries.
- The customer guarantees that his domains and the contents accessible under them neither violate legal regulations nor infringe the rights of third parties. Depending on the type of domain or the purpose of the associated content, other national legal systems must be observed.
- If a third site party can credibly demonstrate that domains or content infringe their rights, or if a legal violation is deemed probable on the basis RAIDBOXES of objective circumstances, we can temporarily block the content and take measures to make the domain in question inaccessible.
- The customer RAIDBOXES shall indemnify and hold harmless any claims for compensation by third parties which are based on the unauthorised use of an Internet domain or the associated content.
- If the customer waives the right to a domain vis-à-vis the respective registry or registry, he shall inform the registry or registry of this without RAIDBOXES delay.
- The termination of the contractual relationship with RAIDBOXES does not fundamentally affect the existing registration contract for a domain between the customer and the registry or the registrar. Cancellation orders concerning the registration relationship are nevertheless to be sent to RAIDBOXES since the latter administers the domain on behalf of the Domain Holder and any communications from the Domain Holder, including contract terminations, must be forwarded regularly via the Provider to the relevant registry or registry.
- The termination of the customer regarding the contractual relationship with RAIDBOXES requires for the simultaneous effective termination of the registration relationship for a domain therefore the express written declaration of the customer that the domain is (co-)terminated and can be deleted. If the customer is not also the domain owner, the cancellation or deletion request requires the written consent of the domain owner or administrator.
- The deadline for domain termination requests to RAIDBOXES is four weeks to the end of the term of the registration relationship for all domains in connection with the top-level domains .de, .at, .com, .net, .org, .biz, .info, .eu, and three months for all other domains.
- Delayed domain termination requests will be forwarded to the registry without RAIDBOXES delay. It is clarified, however, that if a termination order regarding the domain registration contract is not submitted by the customer in due time and the term of the domain registration is therefore extended vis-à-vis the registry or the registrar, the customer's obligation to pay the fees for the period of the extension remains in force.
- If the customer terminates the contractual relationship with RAIDBOXES but does not make an express disposition, which is not consistent with the RAIDBOXES the obligation to pay fees for the domains will also remain in force until further notice. After an unsuccessful request to the customer, which is sent to the e-mail address provided by the customer, to make a written statement on the domains within a reasonable period of time, the customer shall be obliged to RAIDBOXES is entitled to transfer the domains into the direct administration of the respective registry or to release the domains on behalf of the customer. The same shall apply in the event of termination of the contractual relationship with the customer by RAIDBOXES.
- If domains are not released by the customer at the latest by the termination date of the agency agreement on the administration of the domain between the customer and RAIDBOXES is placed in the administration of another provider RAIDBOXES is entitled to transfer the domains to the direct administration of the respective registry or to release the domains in the name of the customer. This shall apply in particular in the event that the customer has issued an instruction with regard to the transfer of the domain to a new provider, but this instruction is not implemented in time.
1. Performance description
- Within his contract the customer has the possibility to book additional Add-Ons.
- The scope of services of the add-ons offered by us can be found in the respective service description.
2. Conclusion of contract, contract implementation, termination
- To each BOX one or more Add-On(s) can be added. The add-on is automatically linked to the contract in which the BOX is lying.
- If this is BOXcancelled, the corresponding add-on is automatically cancelled as well.
- Each Add-On can be terminated with a notice period of one month to the end of the contract independently to BOX and to the contract.
3. Terms of payment
- Each add-on is billed together with the contract in which it BOXis included. The synchronization of the payment type and payment interval runs automatically.
- The payment method corresponds to that chosen in the previously concluded contract.
- If the start of the contract of the add-on is different from the start of the contract of the BOX associated contract, the add-on will be billed independently on a pro rata basis for the corresponding period.
- RAIDBOXES offers its customers a free development environment. Within this environment, developers can create web pages for STARTER plan services free of charge on 3 DEMO BOXES for 90 days. After completion of the website, it is passed on to the customer's client within a change of ownership and only then is it converted into a paid BOX website. The transfer to the client can be done within the affiliate system of RAIDBOXES will be honoured additionally. Further information on our affiliate program can be found at here can be inspected.
- This offer is directed exclusively to web developers. In order to be activated for the FREE DEV program, a previous registration is necessary. This can be done by filling out a form during onboarding. Alternatively, activation can be done by contacting our chat support.
- After successful admission to the FREE DEV program provides RAIDBOXES the customer with up to 3 DEMO BOXES for 90 days each free of charge. After the 90 days have expired, they will be deleted BOX automatically.
- After sending the form the customer can RAIDBOXES activate the FREE DEV program within a period of 3 days or reject it without giving reasons.
- RAIDBOXES has the right to exclude the customer from the participation of the FREE DEV program at any time, if facts justify the assumption of abuse of the program or other violations according to § 12 of the general terms and conditions of these terms and conditions.
- Customers of RAIDBOXES have the possibility to book e-mail boxes for this purpose within their contract. In order to be able to offer e-mail services RAIDBOXES within a reseller contract with mailbox.org together.
- The scope of services results from the service description of the selected package.
- An e-mail mailbox can only be created if a domain is available for access. This must be linked within the ordering process.
- It is the responsibility of the customer to ensure that important backups of e-mails are made.
5. contract period/termination
- The contract period of the e-mail inbox corresponds to that of the assigned contract.
- The e-mail account can be terminated at any time, without notice, regardless of the contract to the end of the contract of the assigned contract.
- If the contract to which the e-mail box is assigned is terminated, the e-mail box is automatically terminated and deleted at the end of the contract period.
6. Terms of payment
- Each e-mail mailbox is billed together with the assigned contract.
- The payment method corresponds to that chosen in the previously concluded contract.
- If the beginning of the contract of the P.O. BOX is different from the beginning of the contract of the one of the BOX associated contract, the P.O. BOX will be billed independently on a pro rata basis for the corresponding period.
- Customers of RAIDBOXES have the option of using the CDN option to increase the worldwide availability of your website by using a Content Distribution Network. In order to be able to provide this service RAIDBOXES within a reseller contract with proinity LLC (https://www.keycdn.com/). The scope of services results from the service description.
- The CDN option can be added to or removed from an existing contract at any time. A cancellation of the assigned contract automatically leads to the cancellation of the CDN option. Billing is carried out according to the conditions of the assigned contract.
- For the provision of the CDN option, our general conditions for availability (see A § 5 above) and for the liability of (see RAIDBOXES A § 13 above) apply accordingly.
- Customers of RAIDBOXES have the possibility to use the multisite on a WordPress-instance multiple WordPress subdirectories or WordPress websites. The scope of services results from the service description.
- Compared to WordPress single sites, the full scope of services of RAIDBOXES can be used. The current performance status can be checked at any time in the "Multisite" performance description on the RAIDBOXES website can be viewed.
Valid from 20 November 2019