Terms of Service
1. Scope of Application
(1) These Terms of Service apply to all contractual relationships of Raidboxes GmbH, Hafenstraße 32, 48153 Münster (hereinafter referred to as “Raidboxes”) with its Customers.
(2) These terms of service from Raidboxes apply exclusively. Deviating, conflicting or supplementary terms of service of the Customer shall only become part of the contract if and to the extent that Raidboxes has expressly consented to their application. This requirement of consent shall apply in any case, for example, even if Raidboxes performs the services without reservation in knowledge of the terms and conditions.
(3) These General Terms and Conditions of Raidboxes shall apply to customers who are entrepreneurs for all future contractual relationships with the customer, even if they are not expressly included again at a later date.
2. Services of Raidboxes
(1) The agreed scope of services results in each case from the service description applicable at the time of the conclusion of the contract.
(2) Raidboxes uses third parties as subcontractors to provide the agreed services.
(3) Raidboxes performs regular data backups.
(4) Customers are not entitled to receive the backups in the form of backup media, but only to the re-transfer of the backed up contents to the provided storage space.
(5) Raidboxes provides certain services beyond the agreed scope of services free of charge. There is no claim to such services, and they may be changed or discontinued at any time, taking into account the legitimate interests of the Customers.
3. Changes in Services; Data Migration
(1) Raidboxes reserves the right to subsequently change or deviate from contractually agreed services if there is a technical, legal and/or economic necessity to do so. The change or deviation must be reasonable for the Customer, taking into account the interests of Raidboxes.
(2) To the extent that the Customer's use 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) in order to improve the performance (availability, performance, scope of services). Raidboxes shall ensure that the data migration is reasonable for the Customer, taking into account the Customer's interests.
(3) The Customer is not entitled to have a fixed IP address assigned to the storage space allocated to it for the entire term of the contract. Raidboxes are entitled to change the assigned IP address as far as this is necessary for technical and/or organizational reasons.
4. Registration of Domains
(1) The Customer may commission Raidboxes with the ordering and registration of domains with the respective registries. Raidboxes shall provide the following services for this purpose:
a) Raidboxes undertakes all necessary actual and technical actions to register the domain desired by the Customer.
b) Raidboxes will first check whether the domain requested by the The customer has already been assigned to a third party. If this is the case, Raidboxes will inform the Customer immediately. Further obligations regarding the already assigned domain do not exist.
c) If the domain requested by the Customer has not yet been assigned to a third party, Raidboxes will apply for the registration of the domain at the respective registries on behalf of the Customer. Raidboxes is not liable for the availability of the domain.
d) Raidboxes is not liable for the success of the registrar’s activity.
(2) The Customer agrees to accept the respective business or contract conditions of the registries (e.g. DENIC e.G.), which refer to the desired top-level domain. The respective contents of these business or contract conditions are available on the Internet. Upon request, Raidboxes will inform the Customer of the exact location on the Internet. The Customer shall inform Raidboxes immediately if he does not wish to accept individual or specific terms and conditions of business or contract of registries.
(3) When registering domains with various registries (e.g. DENIC e.G.), a natural person must be indicated as the owner or general contact person for queries. The Customer informs Raidboxes which person should be named here. The Customer undertakes to ensure that the person nominated by him complies with the respective terms and conditions of business or award and that he observes the obligations resulting from these terms and conditions. In this respect, the Customer releases Raidboxes from any liability.
(4) The Customer is liable for infringements of the desired domain against the rights of third parties (e.g. name, trademark, or competition law).
(5) If the Customer terminates their contractual relationship with Raidboxes, his contractual relationship with the respective registry will not be affected. Raidboxes will only terminate this contractual relationship at the express request of the Customer on his behalf. If the Customer, despite termination of his contractual relationship with Raidboxes, does not comment in time on the whereabouts of his domain, Raidboxes will transfer the domain to the direct administration of the registry and discontinue its services.
5. Conclusion of the Contract; Correction Options; Contract Language
(1) The presentation of services on the website of Raidboxes do not constitute legally binding offers to conclude a contract, but non-binding invitations for the Customer to submit a legally binding offer. Customers can make this offer by selecting the desired services and going through the order process.
(2) Raidboxes confirms the receipt of the offer immediately afterwards by email. This confirmation of receipt does not constitute an acceptance of the offer.
(3) Raidboxes may declare the acceptance of the offer within two days, starting from the day after the Customer has submitted their offer, by the alternatives described below:
a) Raidboxes sends an order confirmation by email. The relevant date is the date on which the order confirmation is received.
b) Raidboxes begins with the provision of the ordered services. The decisive point is the time at which the ordered services are available.
c) Raidboxes requests payment from the Customer. The relevant point is the time at which the request for payment is received.
d) If the Customer uses a payment method for which the payment instruction is issued during the order process or by clicking the button that concludes the order process or immediately after completion of the order process, Raidboxes already declares acceptance of the offer at the time at which the Customer issues the payment instruction. Whether this is the case and, if so, for which payment methods, can be found in the terms of payment.
(4) In the event of the existence of several of the alternatives described above, the time of acceptance of the offer shall be determined by the one that occurs first.
(5) If Raidboxes does not accept the offer in time, it shall be deemed rejected. The Customer is then no longer bound by the offer.
(6) Customers can check entries at any time before submitting an order and recognize input errors. If necessary, the functions available in the browser can be used to enlarge the display of the entries. Entries can be corrected with the help of the correction aids provided in the ordering process. The ordering process can be cancelled at any time before placing an order by closing the browser.
(7) The contract text will be stored by Raidboxes after the conclusion of the contract. The order data will be sent to the Customer by email. The contract text is no longer accessible to the Customer after the conclusion of the contract. The Terms of Service – in the current version – can be viewed and downloaded on the website at any time. (8) The languages available for the conclusion of the contract are displayed in the order process and can be selected there.
6. Availability, Service-Level Agreement
(1) Raidboxes guarantees an overall availability of the services of at least 99% on an annual average at the delivery point. The handover point is the router output of the respective data centre used.
(2) Availability means the possibility for the Customer to use all main functions. Maintenance times as well as times of malfunction under observance of the repair time are considered as times of availability. Times of insignificant malfunctions shall also be disregarded when calculating availability. The Provider's measuring instruments in the data centre shall be decisive for the proof of availability.
(3) The Customer shall report errors and malfunctions to Raidboxes directly. A fault report and correction is guaranteed Monday to Friday (except nationwide holidays) between 9:00 a.m. and 6:00 p.m. CET (service hours).
(4) Raidboxes regularly carries out maintenance work. To the extent that this entails downtime of the services, Raidboxes shall, if possible, perform maintenance work only during times when demand is usually low.
(5) Raidboxes is entitled to update the provided software at any time and to adapt it in particular due to a changed legal situation, technical developments or to improve IT security. In doing so, Raidboxes shall give due consideration to the legitimate interests of the Customer and inform the Customer in due time about necessary updates. In the event of a significant impairment of the Customer's legitimate interests, the Customer shall have a special right of termination.
7. Duties of the Customer
(1) The Customer shall protect their access data against access by third parties and keep it safe in accordance with the state of the art. In particular, he shall assign sufficiently complex passwords and change them regularly.
(2) The Customer is obligated to provide their contract data correctly and completely and to inform Raidboxes immediately about any changes.
(3) The Customer shall ensure that use only occurs within the contractually agreed scope. Unauthorized access must be reported to Raidboxes immediately.
(4) Raidboxes offers Customers functions for automatic and manual data backups. However, the Customer is responsible for the sufficient backup of the data stored at Raidboxes and has to create his own backup copies which allow an independent recovery of the data.
8. Prohibited use
(1) Customers may not upload any content that violates applicable law (in particular youth protection regulations) or infringes the rights of third parties (e.g. copyrights, trademark and other industrial property rights, data protection rights, personal rights, right to one's own image).
(2) In particular, Customers shall not publish any content that is racist, pornographic, obscene, or vulgar, glorifies violence, is otherwise immoral, offensive, or injurious. They also do not publish links that refer to websites on which the above-mentioned content is published.
(3) Customers shall not install any programs, scripts, or the like that endanger or impair the services of Raidboxes, in particular the security and integrity of the servers and the means of communication used. It is to be avoided that the servers of Raidboxes are overloaded. An excessive load can be caused in particular by scripts which are not included in the program library of Raidboxes.
(4) Contractually prohibited is in particular the use of the services of Raidboxes for:
a) pornographic content, as well as for offering and advertising goods and services that have pornographic and/or erotic content as their subject (e.g. selling and offering nude pictures, sex toys, peep shows, prostitution, escort services, etc.);
b) the operation of downloads or streaming portals or for a comparable use for the mass distribution of files (file sharing);
c) the operation of phishing sites, the distribution of malware (viruses, Trojans, ransomware, spyware, etc.) and the operation of botnets;
d) mining cryptocurrencies;
e) sending unsolicited advertising by mail (spam);
f) organizing public games of chance or offering, advertising and/or comparing websites that engage in gambling;
g) Content that discloses the identity (surname, first name, address, email address, telephone number, identity card number, etc.) of other individuals (doxxing) and/or serves the purpose of bullying other individuals;
h) Content that is extremist and/or content that incites violence and hatred towards groups of people and/or organizations;
i) Content that offers or promotes prohibited or dangerous substances or items (e.g. drugs, weapons, etc.).
9. Restrictions of Use, Abuse Reports
(1) Raidboxes is generally not responsible for the content posted by Customers. Insofar as Raidboxes becomes aware of an infringement, Raidboxes will take immediate action after reasonable examination and, depending on the type and severity of the infringement, remove the infringement or block access to it.
(2) Raidboxes reserves the right to take the following measures if the Customer culpably violates its obligations or uses the services of Raidboxes in violation of the law and/or the contract: Exclusion from individual functionalities;
a) Exclusion of individual functionalities;
b) Blocking of the Customer's access, either temporarily or permanently, depending on the severity of the violation;
c) Partial or complete blocking or deletion of content;
d) Extraordinary termination of the contract for good cause;
(3) If Raidboxes receives a report of a possible infringement or violation (Abuse Report), Raidboxes will confront the Customer with the allegation and give him the opportunity to comment. This only applies insofar as the reported infringement or violation is not obvious.
(4) In the event of a blocking, access will only be restored once the infringement or violation has been permanently eliminated or the Customer has submitted a sufficient cease-and-desist declaration with a penalty clause. The Customer remains obliged to pay the agreed remuneration for the duration of the blocking if he is responsible for the infringement or violation.
The Customer indemnifies Raidboxes from all claims of third parties, which are raised against Raidboxes in connection with an infringement of rights caused by the Customer when using the services of Raidboxes, upon first request. The indemnification also includes the reimbursement of the costs that arise or have arisen from the necessary and appropriate legal defence.
11. Terms of payment
(1) The amount of the remuneration, the respective billing period and the due date shall be determined in each case by the description of services applicable at the time of conclusion of the contract.
(2) Unless otherwise agreed, the agreed remuneration shall be due at the beginning of the agreed billing period.
(3) Raidboxes provides invoices to Customers in the login area (dashboard) as files for downloading and printing.
(4) The details of payment processing depend on the means of payment chosen by the Customer and the payment service provider used. The Customer will be informed about the payment service provider used and its contractual terms during the ordering process.
(5) The Customer is obligated to deposit and keep up-to-date a valid means of payment corresponding to the selected payment method during the entire contract period.
12. Contract Term, Termination
(1) The term of the contract is specified in the service description valid at the time of the conclusion of the contract.
(2) Unless otherwise agreed, the following shall apply:
a) The initial contract term may be terminated without notice at any time towards its end;
b) Without termination, the initial term shall be automatically extended at its end by the selected billing period. Consumers may subsequently terminate the extended contractual relationship at any time with one month's notice. Entrepreneurs are bound to the contract for the duration of the selected billing period.
(3) The right to extraordinary termination for good cause remains unaffected.
(4) If the Customer is in default with the payment of the remuneration or a not insignificant part of the remuneration for two consecutive months or, in a period extending over more than two months, with the payment of the remuneration in an amount that reaches the remuneration for two months, Raidboxes is entitled to terminate the contract without notice.
(5) Raidboxes reserves the right to assert claims for default of payment.
(1) Raidboxes shall be liable without limitation:
- in the event of malice, intent or gross negligence;
- within the scope of an expressly assumed guarantee;
- for damages resulting from injury to life, body or health;
- for the breach of a material contractual obligation, the fulfilment of which is a prerequisite for the proper performance of this contract and on the observance of which the Customer regularly relies and may rely on (“cardinal obligation”), but limited to the damage reasonably to be expected at the time of the conclusion of the contract;
- according to the provisions of the German Product Liability Act (Produkthaftungsgesetz) Any further liability for Raidboxes is excluded.
(2) Any further liability for Raidboxes is excluded.
(3) Raidboxes shall not be liable for defects already existing at the time of the conclusion of the contract, unless a case of para. 1 is given.
(4) The above liability rules apply accordingly to the conduct of and claims against employees, legal representatives and vicarious agents of Raidboxes.
14. Reservation of Right to Change; Price Adjustment
(1) Raidboxes is entitled to amend and adjust the Terms of Service during the term of the contract, provided that there is a technical, legal and/or economic necessity to do so. Raidboxes will communicate the amended terms and conditions to the Customer in text form and specifically draw the Customer's attention to the new provisions. At the same time, Raidboxes will grant the Customer a reasonable period of time to declare whether he accepts the amended Terms of Service for the further use of the Services. If no declaration is made within this period, the amended terms and conditions shall be deemed agreed. Raidboxes will expressly inform the Customer of this legal consequence of the beginning of the period.
(2) Raidboxes is entitled to adjust the prices agreed with the Customer at its reasonable discretion to the development of the costs that are decisive for the price calculation. According to the upward or downward cost development, Raidboxes will reduce or, if applicable, increase the prices accordingly. Relevant for the price calculation are, for example, costs for operation and maintenance of the IT infrastructure, personnel costs, sales, and marketing costs as well as financing costs, taxes and other duties. Raidboxes will consider a price increase, e.g. if the cost development leads to an increase in the total costs for the provision of the agreed services. Raidboxes will inform Customers in due time about planned price adjustments. Price adjustments will become effective for the next billing period at the earliest. The Customers' ordinary right of termination remains unaffected.
(1) The law of the Federal Republic of Germany applies. The version of the contract in the original German language is binding. If the Customer is a consumer, the mandatory provisions of the law in the state of his habitual residence shall remain unaffected.
(2) If the Customer is a business person, a legal entity under public law or a special fund under public law, the place of jurisdiction is the registered office of Raidboxes.
(3) Should individual provisions of this contract be invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The parties shall replace such provisions by effective and feasible provisions which correspond as closely as possible to the meaning and economic purpose as well as the intention of the parties at the time of the conclusion of the contract. The same shall apply in the event of a gap in the contract.
(4) The European Commission provides a platform for online dispute resolution at the internet address https://ec.europa.eu/consumers/odr/
(5) Raidboxes is not willing and is not obliged to participate in a dispute resolution procedure before a consumer arbitration board.