- These GTC apply to all services provided by RAIDBOXES GmbH, Hafenstraße 32, 48153 Münster (hereinafter RAIDBOXES).
Insofar as the term "customer(s)" is used in the following, this refers to both consumers within the meaning of § 13 BGB and 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 also applies in particular if the customer uses his own general terms and conditions and these contain terms and conditions that are contrary to or deviate from the terms and conditions listed here. The GTC provided by RAIDBOXES also apply exclusively if RAIDBOXES carries out the order without reservation in the knowledge of terms and conditions of the customer that 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 amend these GTC at any time, subject to a reasonable period of notice. If the customer does not object to the change within a period set by RAIDBOXES , the change is deemed to be approved. RAIDBOXES points out to the customer in the change announcement that the change becomes effective, if he does not contradict 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 shall be entitled to terminate the contract extraordinarily within two weeks after notification of the GTC within the framework of a special right of termination.
- RAIDBOXES provides Software as a Service (SaaS) services for making content available via the Internet. For this purpose, system resources are made available to the customer on a server. The customer can store content up to a certain size on this server. The content is made available on the server under an Internet domain assigned to the customer for retrieval via the Internet. The exact scope results from the service description of the tariffs offered by RAIDBOXES .
- The concrete subject matter of the contract is a so-called "RAIDBOXES-Account" (hereinafter uniformly used for customer menu and overall contract), in which the customer can create and manage one or more "BOXES" (hereinafter also "BOX"), domains and add-ons.
BOXES are system resources provided to the Customer to create new installations of the Open Source Content Management System (CMS) WordPress in a fast and user-friendly way. The maximum possible number of BOXES per contract results from the service description of the tariffs offered by RAIDBOXES . According to the respective service description, the customer is provided with 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 system resources provided by RAIDBOXES . Offer-specific setting possibilities mean functions, which RAIDBOXES provides on server level. This includes in particular write access to files and folders of the WordPress core software, web server settings and backups as well as RAIDBOXES add-on services.
- RAIDBOXES is permitted to involve subcontractors when granting storage space and server resources. The use of subcontractors does not release RAIDBOXES from its sole obligation to the customer to fully perform the contract.
- The contents of the storage space designated for the customer are regularly backed upby RAIDBOXES . Details on the frequency and procedure of the backups can be found in the service description. 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.
- Insofar as the use of the customer or reasons on the part of RAIDBOXES make it necessary, RAIDBOXES reserves the right to transfer the customer's data to another server environment (data migration). The aim here is always an improvement of the performance in terms of availability, performance or scope of services. In doing so, RAIDBOXES shall ensure that the data migration is reasonable for the customer, taking into account the interests of RAIDBOXES .
- 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 commissions the provider with the registration of a domain, the contract is concluded exclusively between the customer and the respective registry (registrar). RAIDBOXES acts for the customer within the framework of an agency relationship. RAIDBOXES has no influence on the domain allocation by the registry. RAIDBOXES also does not check whether the registration violates the rights of third parties. RAIDBOXES is entitled to release the domain of the customer 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 submit the offer via the online order form provided on the website of RAIDBOXES . In order to submit an offer, prior registration is necessary. For the registration, the customer is requested to provide his name and e-mail address. The RAIDBOXES account created in the process is free of charge for the customer.
If the customer wishes to use our services, further data necessary for the conclusion of the contract must be provided during the ordering process after the tariff has been selected. Further information on this can be found in our data protection declaration. After going through the ordering process, the customer clicks on the button "Order with costs" (= declaration of intent of the customer directed towards the conclusion of the contract) and submits a binding offer in the sense of §§ 145 f. BGB (German Civil Code).
This offer can be accepted by RAIDBOXES 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 the acceptance of the offer begins on the day after the sending of the offer by the customer and ends with the expiry 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 stored by RAIDBOXES and sent to the customer in text form via e-mail after the order has been sent. However, the contract text can no longer be retrieved by the customer via the website of RAIDBOXES after sending his order.
Before submitting a binding order via the online order form of RAIDBOXES , the customer can continuously correct his entries. 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 contacting usually take place via 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-mails sent by RAIDBOXES can be received at this address. In particular, when using spam filters, the customer must ensure that all e-mails sent by RAIDBOXES or third parties commissioned by it to process the order can be delivered.
- 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 with a free "RAIDBOXES-Account" in the respective current version for the duration of the contract. The respective current scope of functions and services of the "RAIDBOXES-Account" 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 not be guaranteed by RAIDBOXES . Due to the decentralised structure of the Internet, RAIDBOXES is only responsible for accessibility to the extent that the non-availability is due to the part of the network operated by it, the web server itself or one of its vicarious agents. The servers on which our services are based 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 AGBs), 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 anxious to maintain these values.
- Unless otherwise agreed, RAIDBOXES guarantees 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 ready for operation. The availability is calculated on the basis of the time allotted to the respective calendar month in the contract period, minus the maintenance times defined below. RAIDBOXES will carry out the maintenance work, as far as this is possible, in times of low use.
- RAIDBOXES shall immediately eliminate all software errors in accordance with the technical possibilities. An error exists if the RAIDBOXES account does not fulfil the functions specified in the service description, delivers incorrect results or does not function properly in any other way, so that the use of the "RAIDBOXES account" is impossible or restricted. RAIDBOXES is dependent on infrastructures, which are operated by third parties (Digital Ocean LLC., Hetzner Online GmbH, dogado GmbH) and over which RAIDBOXES has no influence, in order to provide the service. Therefore, disruptions or impairments may occur that have their cause outside the sphere of influence of RAIDBOXES , in particular disruptions of the Internet or due to force majeure.
- RAIDBOXES relies on infrastructures operated by third parties (Digital Ocean LLC., Hetzner Online GmbH) to provide the service and RAIDBOXES has no influence over these. Therefore, disruptions or impairments may occur that have their cause outside the sphere of influence of RAIDBOXES , in particular disruptions of the Internet or due to force majeure.
The following circumstances do not count as disruptions to operation:
- 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 of the operation, which are necessary to prevent or avoid concrete dangers by a possible abuse by third parties (so-called exploits) (e.g. by updates).
- In order to maintain the performance of the technology used, RAIDBOXES regularly carries out maintenance and service work. Insofar as this work is associated with service outages, RAIDBOXES will, where possible, schedule these at times when demand is usually low.
- In order to maintain a high level of security, software updates are regularly installed. This can change the scope and the design of the services provided by RAIDBOXES . It cannot be ruled out that this may also necessitate changes to the content stored by the customer or applications installed by the customer. As far as possible, RAIDBOXES will inform the customer about this beforehand. Should such a system update require unacceptable changes for the customer, the customer can 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 has no right to have the same IP address assigned to the server for the entire term of the contract.
- Malfunctions shall be eliminated by RAIDBOXES within the scope of technical and operational possibilities. The customer is obligated to immediately notify RAIDBOXES of any faults that are recognizable to him ("fault report"). If the removal of the disturbance does not take place within an appropriate period, the customer has to set RAIDBOXES an appropriate respite (as a rule one week). The grace period must be set in writing. If the disturbance is not eliminated within this respite, the customer is entitled to compensation for any damage incurred. This claim does not apply to beta features offered by RAIDBOXES , 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.
- If RAIDBOXES is in default with performance obligations, the customer is only entitled to withdraw from the contract if RAIDBOXES does not comply with a reasonable grace period set by the customer. The grace period must be set in written form. 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 according to the signature law. The grace period 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.
- Furthermore,RAIDBOXES 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;
- insofar as we thereby comply with a court ruling or an official decision directed against us;
- as far 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 without any significant impact on the customer.
- Changes with only an insignificant influence on the services of the Provider do not constitute changes to services within the meaning of this section. This applies in particular to changes of a purely graphical nature and the mere change of the arrangement of functions.
- If the customer is to be regarded as a consumer in the sense 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 enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Whether a consumer status exists is a matter for RAIDBOXES to determine.
- 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 the 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 . For this repayment, RAIDBOXES uses the same means of payment that was used for the original transaction, unless expressly agreed otherwise; in no case will fees be charged for this repayment.
- Sample cancellation form: (Delete as applicable.)
To RAIDBOXES GmbH
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 consumer(s) (only in case of paper communication)
- The contract term results from the payment interval selected by the customer. After expiry of the contract term, 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.
- If the date of termination is not specified, the date of expiry of the contract shall be chosen.
- 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 in an amount corresponding to the remuneration for two months in a period extending over more than two dates.
- The customer is insolvent or an application for insolvency proceedings has been filed against his assets or the application for insolvency proceedings has been rejected for 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.
- Invoicing is generally done online by posting the invoice to the dashboard as a downloadable and printable file.
The online invoice is deemed to have been received by the customer when it can be called up by the customer in the dashboard and is thus available to the customer. This also applies if RAIDBOXES also sends the invoice to the customer by e-mail as a PDF document.
- RAIDBOXES offers the customer the option to pay any amounts due 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-dependent fees are due in advance for the selected contract term. 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: When paying by credit card, the customer is 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 are not possible due to technical circumstances, RAIDBOXES reserves the right to change the payment method to invoice (above letter a.) or SEPA direct debit (above letter b.). The customer will be informed by RAIDBOXES in due time about problems with the debit and will be given the opportunity to update his credit card data or billing information within a reasonable period of time before the changeover.
- If the customer is in default of payment, RAIDBOXES is entitled to refuse the services after a reminder has been sent. 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 costs of the services provided by RAIDBOXES may change due to changes in the legal and economic context (such as increases in 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 make use of this within four weeks of receipt of the notification, the change is deemed to have been approved; RAIDBOXES will expressly point this out to the customer.
- RAIDBOXES is entitled to increase the fees appropriately. In any case, an annual increase of no more than 10% is appropriate. The fee increase requires the consent of the customer. The approval is considered to be given if the customer does not object to the increase within one month after receipt of the change notification. RAIDBOXES is obliged to inform the customer of the consequences of a failure to object when notifying the customer of the change.
- The customer has the option to manually back up all files and software settings using the backup function. Corresponding backup options are available in the dashboard. Notwithstanding the obligation of RAIDBOXES to create backup copies, the customer is obliged to create regular backup copies on his own responsibility.
- The responsibility for the contents lies with the customer. The customer alone is responsible for all content that the customer stores or makes available for retrieval on BOX . 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 of 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's pages for possible violations. Furthermore, the customer is responsible for ensuring that programs, scripts or similar installed by him do not endanger the operation of the server or the communication network of RAIDBOXES or the security and integrity of other data stored on the servers of RAIDBOXES .
- 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.
- It is the customer's responsibility to change their passwords at regular intervals. Only passwords that are classified as very strong upon verification should be chosen. The customer undertakes to keep the passwords received from RAIDBOXES for the purpose of access strictly confidential and to inform RAIDBOXES immediately as soon as it becomes aware that unauthorised third parties are aware of the password. Likewise, the customer will inform RAIDBOXES immediately as soon as he has indications that third parties are using his server without authorization.
- 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 shall indemnify RAIDBOXES against all claims asserted by third parties against RAIDBOXES for infringement of their rights due to content stored by the customer on the server. The customer assumes the costs of the necessary legal defense including all court and attorney fees in an appropriate amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide RAIDBOXES immediately, truthfully and completely with all information required 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 the assertion of not obviously unfounded claims by third parties against RAIDBOXES on the basis of the content stored on the server, RAIDBOXES is entitled, also taking into account 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 immediately.
- If 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 other data stored on the servers of RAIDBOXES , RAIDBOXES may deactivate or uninstall these programs, scripts etc.. If the elimination of the danger or impairment requires it, RAIDBOXES is also entitled to interrupt the connection of the content stored on the server to the Internet. RAIDBOXES will inform the customer about this measure immediately.
- The customer shall avoid placing an excessive load on the server system of RAIDBOXES . An excessive load can be caused in particular by such scripts, which are not contained in the program library of RAIDBOXES . In the event that the customer's content impairs or acutely endangers the functionality, security or availability of the server system, RAIDBOXES is entitled to delete the customer's account.
- 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 also to provide the information prescribed by the TMG and the DS-GVO on a website. In particular, retrievable content, stored data, displayed banners as well as keywords used in search engine entries may not violate the law or the rights of third parties (in particular trademarks, name rights and copyrights).
The following are considered to be particularly serious violations
- infringements of the law for the protection of minors
- Significant copyright infringements caused by storing and/or making available for retrieval content, in particular music, images, videos, software etc.
- Criminal spying or manipulation of the data of RAIDBOXES and/or other customers of RAIDBOXES.
- The customer is contractually prohibited from
- offer or allow to be offered pornographic contents as well as services aimed at making profits, which have pornographic and/or erotic contents (e.g. nude pictures, peep shows etc.) as their subject matter,
- Phishingsites ,
- to operate public games of chance that fall under the State Treaty on Games of Chance or to operate sites , which advertises or compares games of chance,
- Offer content that glorifies or trivializes war, terror and other acts of violence against humans or animals,
- to offer content that is likely to seriously endanger the morals of children or young people,
- to provide content that portrays people in a way that violates human dignity and/or reflects an actual event without there being an overriding legitimate interest in precisely this form of reporting,
- The aforementioned obligations apply accordingly to references ("hyperlinks") set up on the website by the customer to such third-party content,
- 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 may demand payment of a contractual penalty of up to EUR 5,000.00 in the event of a breach of obligations under these General Terms and Conditions for which the customer is responsible, the amount of which is to be determined by RAIDBOXES in each individual case and the amount of which the customer may have reviewed in court. The plea of continuation of the infringement is excluded; in the case of continuous infringements of the law, at least each month shall be deemed to be an independent infringement. The assertion of further damages remains unaffected by the contractual penalty.
- RAIDBOXES The customer shall indemnify RAIDBOXES from damages arising from a violation of statutory provisions or third party rights, insofar as the customer is at fault. If indemnification is not possible, the customer owes compensation for the damages. The compensation also includes the reasonable costs of a necessary legal defence on the part of RAIDBOXES. RAIDBOXES informs the customer immediately if claims are asserted by third parties and gives 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, limb or health, and
- for damages resulting from the breach of an essential contractual obligation (obligation, the fulfilment of which enables the proper execution of the contract in the first place and on the observance of which the contractual partner regularly relies and may rely). In this case, however, the liability of RAIDBOXES is limited to the replacement of the foreseeable, typically occurring damage. In the event of data loss, the liability of RAIDBOXES is limited to the costs of duplicating the data from the backup copies to be created by the customer and for restoring the data that would have been lost even if the data had been properly backed up.
2. the limitations of liability resulting from paragraph 1 also apply to breaches of duty by or in favour of persons whose fault RAIDBOXES is responsible for according to legal regulations. They do not apply insofar as RAIDBOXES has fraudulently concealed a defect or 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 rise to the suspicion that a BOX is being misused to a considerable extent by third parties (e.g. hacker attack). Likewise, RAIDBOXES is entitled to block without prior notice if any other significant and obvious (evident) violation of laws or third party rights emanates from a BOX .
- RAIDBOXES will inform the customer immediately about the blocking. RAIDBOXES satisfies its notification obligation if it sends the notification by e-mail to the e-mail address provided by the customer.
- If the blocking takes place due to a legal and/or contractual violation, RAIDBOXES can make the lifting of the blocking dependent on the customer removing the illegal condition and, in order to exclude the risk of repetition, submitting a cease-and-desist declaration to RAIDBOXES , which is subject to a contractual penalty, as well as providing an appropriate security. The amount of the contractual penalty promise as well as the security is based on the significance of the violation. In order to remedy an infringement, it may be necessary for RAIDBOXES to temporarily remove the blocking. Generally, RAIDBOXES will handle this as follows: The customer must first provide a written statement that they wish to remove the breach. Thereafter, RAIDBOXES will temporarily lift the blocking for remedial action and inform the customer thereof.
- 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 is entitled to prevent the sending of e-mails via the SMTP relay provided by RAIDBOXES if 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 knows that the provider can view the page offer stored on the web server and possibly also other data of the customer stored there from a technical point of view at any time. Also other participants on the Internet are under circumstances technically able to intervene unauthorized in the net security and to control the message traffic. The customer is fully responsible for the security and backup of the data he transmits to the Internet and stores 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 created automatically daily from 3:00am MEST, depending on the size of the backup, it may take a few hours to create. 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 selected Frankfurt as the server location. If a backup is created, the BOX is mirrored in its actual version on the server at 3:00 am. A content and functional control of the site is not carried out by us.
- Each automatically created backup is stored for 30 days. After the 30 days have expired, the respective backup is irrevocably deleted.
- If a backupPlugin independent of RAIDBOXES is used, RAIDBOXES cannot guarantee the completeness and functionality of the backup created by us.
- RAIDBOXES offers the possibility of a manual backup to the customer. A manually created backup will be deleted as soon as the customer cancels and deletes his BOX . The number of possible backups depends on the tariff and can be taken from 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. deviating regulation
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 has no claim to the provision of the full range of functions of the regular product.
3. Deletion of the data
- If the customer has neither converted the free BOX account into a paid BOX account nor created a paid account in addition to the free account, the contract ends automatically without the need for 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 carried out. Due to numerous Plugin updates to be carried out, the customer is not informed about Plugin updates that have been carried out. 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 damages caused by Plugin- or Theme-updates. In particular, the customer has no right to claim that problems with Plugin- and Theme-updates will be resolved by RAIDBOXES .
- If a domain is registered via RAIDBOXES , 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), within the framework of a paid agency relationship (§675 BGB). Therefore, the registration conditions and guidelines of the respective registry apply. Insofar as these contradict the present General Terms and Conditions 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 viewed here.
- The registration of domains takes place in an automated process. RAIDBOXES has no influence on the domain allocation. Therefore, RAIDBOXES does not guarantee that the domains applied for on behalf of the customer can be allocated (delegated), will last in the long term and are free of 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 the modification of 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 target of the associated content, other national legal systems must be observed, as it were.
- 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 affect the registration contract for a domain existing between the customer and the registry or the registrar. Cancellation orders concerning the registration relationship are nevertheless to be addressed to RAIDBOXES , since the latter administers the domain for the domain holder and notifications from the domain holder, including contract cancellations, are regularly to be forwarded via the provider to the respective 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 placed in the administration of another provider 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 , RAIDBOXES is entitled to transfer the domains to the direct administration of the respective registry or to release the domains on behalf of the customer. This also applies 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 is not implemented in good 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
- One or more add-on(s) can be booked for each BOX . The add-on is automatically linked to the contract in which the BOX is located.
- If the BOX is cancelled, 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 the BOX is located. The synchronization of the payment method and the payment interval runs automatically.
- The payment method corresponds to the one 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, developers can create websites for 90 days on 3 DEMO BOXES free of charge to STARTER-plan -services. After completion of the web page this is passed on to the client of the customer within a change of ownership and converted only then into a liable to pay the costs BOX . The passing on to the client can be honored thereby within the Affiliate system of RAIDBOXES additionally. Further information about our affiliate program can be found here.
- 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 additional e-mail boxes within their contract. In order to be able to offer e-mail services, RAIDBOXES works together with mailbox.org within a reseller contract.
- The scope of services results from the service description of the selected package.
- An e-mail box can only be created if a domain is available for access. This must be linked within the order process.
- It is the customer's responsibility to ensure that important backups of email are made.
5. contract term/ termination
- The contract period of the e-mail box corresponds to that of the assigned contract.
- The e-mail box can be terminated at any time, without notice, independently of the contract at the end of the assigned contract.
- If the contract to which the e-mail box is assigned is terminated, the e-mail box is automatically terminated at the same time and deleted at the end of the contract term.
6. Terms of payment
- Each e-mail box is billed together with the assigned contract.
- The payment method corresponds to the one 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 possibility to increase the worldwide availability of their website by using a Content Distribution Network via the CDN option. In order to provide this service, RAIDBOXES works together with proinity LLC (https://www.keycdn.com/) within a reseller contract. The scope of services results from the service description.
- The CDN option can be added to or cancelled from an existing contract at any time. Cancellation of the assigned contract automatically leads to 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 as of 20 November 2019