A. General Regulations
1. Scope, Amendment Of The GTC
- This GTC apply to all services provided by RAIDBOXES GmbH, Friedrich-Ebert-Straße 7, 48153 Münster (hereinafter referred to as RAIDBOXES). Where reference is made to the “customer/customers” below, this also refers to consumers within the meaning of Sec. 13 BGB (Bundesgesetzbuch/German Civil Code) and entrepreneurs within the meaning of Sec. 14 BGB.
- RAIDBOXES provides all services solely on the basis of these GTCs, even if no explicit reference to such is made. This applies in particular even if the customer uses their own general terms and conditions and these contain conditions which contradict or deviate from the GTCs set out here. The GTCs issued by RAIDBOXES apply exclusively even if RAIDBOXES unconditionally fulfills an order in the knowledge that the customer’s conditions contradict or deviate from those set out here.
- In addition to RAIDBOXES’ General Terms and Conditions, additional special conditions also apply to individual products, especially domains. These conditions can be viewed here. These additional conditions apply even if the relevant product forms only part of the package booked by the customer, which also includes other services.
- RAIDBOXES reserves the right to change these GTCs at any time, subject to a reasonable notice period. If the customer does not object to the change within the set period as defined by RAIDBOXES, the change shall be deemed accepted. In the notification announcing the change, RAIDBOXES will inform the customer that the change will become effective if he/she does not object within the set period. If a valid objection is made within the set period, the earlier GTCs shall continue to apply to the relationship between the parties; in this case, both the customer and RAIDBOXES are entitled to assert their special right of termination in order to initiate an extraordinary termination of the contract within two weeks of the notification being issued.
2. Subject Of The Contract, Gratuitous Services, Amendments To The Contract
- RAIDBOXES provides Software as a Service (SaaS) services in order to make content available via the internet. To this end, system resources will be made available to the customer on a server. The customer can store content on this server up to a defined limit. On the server, the content will be made accessible via the internet under an internet domain which has been assigned to the customer. The exact limit is determined according to the description of services for the tariffs offered by RAIDBOXES.
- The specific subject of the contract is a “RAIDBOXES account” (hereinafter used to refer to both the customer menu and the contract as a whole), in which the customer can create and manage one or more “BOXES” (hereinafter also referred to as “BOX”), domains and add-ons.
- BOXES are system resources that are made available to the customer, allowing him/her to create new installations of the open source content management system (CMS) WordPress in a quick and user-friendly way. The maximum possible number of BOXES per contract is determined according to the description of services for the tariffs offered by RAIDBOXES. In accordance with the relevant description of services, the customer will be provided with storage space, computing power (in the form of a CPU and RAM) and the type of server, in addition to other offer-specific settings options for the system resources provided by RAIDBOXES. Offer-specific settings options are functions that RAIDBOXES makes available at the server level. In particular, these include writing permissions on files and folders of the WordPress core software, web server settings, and backups, as well as RAIDBOXES add-on services.
- RAIDBOXES is entitled to commission subcontractors in the course of providing storage space and server resources. The use of subcontractors does not release RAIDBOXES from its sole obligation towards the customer to ensure complete fulfillment of the contract.
- The contents of the storage space allocated to the customer will be regularly protected by RAIDBOXES (backups). The details regarding the frequency with which these backups are made and the process that is used can be found in the description of services. The customer is not entitled to demand that any of the backup media be surrendered. He/she is only entitled to request that the backed-up content is re-transferred on the server.
- RAIDBOXES reserves the right to expand services and carry out improvements where such serve to ensure technological progress, appear necessary in order to prevent misuse or must be carried out by the provider due to legal requirements. RAIDBOXES can make other changes to the contents of the contract, including these conditions, with the customer’s approval, provided that the change is reasonable for the customer, taking into consideration the interests of RAIDBOXES. In particular, any change to the contract that will result in a reduction of the principal contractual services provided by RAIDBOXES is regarded as unreasonable. Approval of the change to the contract shall be deemed granted if the customer does not object to the change within one month of having received notification of such. RAIDBOXES promises to notify the customer of the consequences of failing to raise an objection in the notification announcing the change.
- Voluntary, gratuitous services provided by RAIDBOXES, which are explicitly designated as such and do not form part of the description of services, can be discontinued by RAIDBOXES at any time. RAIDBOXES will take the legitimate interests of the customer into account in the course of making changes and terminating free services.
- Registration of domains
- If the customer entrusts the registration of a domain to the provider, the contract is entered into exclusively between the customer and the respective awarding authority (registrar). RAIDBOXES shall work for the customer in the context of a relationship of agency.
- RAIDBOXES has no influence over the allocation of domains by the registrar. RAIDBOXES also does not check to ensure that the registration does not infringe any third-party rights. RAIDBOXES is entitled to release the customer’s domain after the contract has ended.
3. Conclusion Of Contract
- The services described on the RAIDBOXES website do not represent any binding offer on the part of the provider but merely serve as a basis for the submission of a binding offer by the customer.
- The customer can submit the offer using the online order form provided on the RAIDBOXES website. The customer must already be registered in order to submit an offer. In order to register, the customer will be asked to provide his/her name and e-mail address. The RAIDBOXES account created in the course of this process is free for the customer.
- After completing the order process, the customer can submit a binding offer within the meaning of Section 145 f. BGB by clicking on the “confirm purchase” button (= a declaration of intent by the customer to enter into the contract).
RAIDBOXES can accept this offer within a period of 2 days
- by creating or converting the BOX or
- by sending written confirmation of the order via e-mail
- If more than one of the aforementioned alternative conditions have been fulfilled, the contract takes effect when one of the aforementioned alternatives first occurs. If RAIDBOXES does not accept the customer’s offer within the aforementioned period, this is regarded as a rejection of the offer, as the result of which the customer is no longer bound by their declaration of intent.
- The period for accepting the offer begins on the day following the submission of the offer by the customer and finishes at the end of the third day following the submission of the offer.
- When an offer is submitted via the RAIDBOXES online order form, the contractual text will be stored by RAIDBOXES and sent to the customer in text form via e-mail after his/her order has been dispatched. The contractual text can be retrieved by the customer after his/her order has been dispatched, but no longer via the RAIDBOXES website.
Before confirming the order via the RAIDBOXES online order form, the customer can correct his/her entries at any point during the process. In addition, all entries are displayed once again in a confirmation window before final confirmation of the order is given, and can also be corrected at this stage.
- The process for concluding the contract can be carried out in German, Spanish or English.
- Order processing is generally carried out and contact generally made through the use of e-mail and automated order processing. The customer must ensure that the e-mail address which he/she provides for the purpose of order processing is correct so that the e-mails sent by RAIDBOXES can be received at this address. If using spam filters, the customer must, in particular, ensure that all e-mails sent by RAIDBOXES or third parties commissioned by RAIDBOXES to process the order are able to be delivered.
4. Trial Phase (Demo BOX)
- Before concluding a contract, the customer has the option to create and use a free DEMO BOX for a trial period, the duration of which is determined by the selected tariff. This trial phase begins when the first BOX is created in the RAIDBOXES account. During the trial phase, the customer has the option to convert the free DEMO BOX which he/she has created into a paid BOX and to create and use one or more paid BOXES in addition to this.
- The customer must ensure that the data for the joint contract is correct. In order to convert the free DEMO BOX into a paid BOX or to create an additional paid BOX, the customer must make a corresponding declaration of such in the dashboard and provide the details required in order to execute the contract (name, a fixed postal address (not a PO box or other anonymous address), e-mail address, telephone number and banking details where applicable). The customer shall ensure that all information transmitted to RAIDBOXES is correct and complete. If any of these details change, the customer must immediately update them via the dashboard or by notifying RAIDBOXES via post, chat or e-mail. The free DEMO BOX will be deleted at the end of the trial phase if the customer has not converted it into a paid BOX before the end of the trial phase. If the customer has still not converted the free DEMO BOX into a paid BOX within a week following the end of the trial phase, this BOX will be automatically and permanently deleted by RAIDBOXES.
- If the customer has neither converted the demo BOX into a paid BOX nor created an additional paid BOX, then the contract will automatically terminate, without any need for termination by the customer or RAIDBOXES, one week after the end of the trial phase. The customer will be notified that the BOX is due to be automatically deleted prior to the end of the trial phase. Even after the trial phase has ended, the customer will receive, within one week, two communications to this effect, which are sent at appropriate intervals to the email address which he/she has provided.
- Further information about the DEMO BOXES can be found here.
5. Scope Of Services/Availability
- RAIDBOXES provides the customer with a free RAIDBOXES account in the respective current version for the duration of the contract. The respective current range of features and scope of services of the RAIDBOXES account is determined according to the current description of services on the RAIDBOXES website.
- The RAIDBOXES online service will be offered subject to availability. 100% availability is not technically feasible and therefore cannot be guaranteed by RAIDBOXES. Due to the decentralized structure of the internet, RAIDBOXES is only responsible for availability insofar as unavailability can be attributed to the part of the network operated by RAIDBOXES, the web server itself or one of RAIDBOXES’ vicarious agents. The servers which are used for the provision of our services are operated by Hetzner Online GmbH and Digital Ocean LLC. Hetzner guarantees an annual mean availability of 99.9% (section 3.2 of Hetzner’s GTCs) https://www.hetzner.de/rechtliches/agb), Digital Ocean guarantees 99.99% availability (https://www.digitalocean.com/docs/platform/droplet-policies/#droplet-service-level-agreement-sla). RAIDBOXES goes to great lengths to ensure that this target is met.
- Unless otherwise agreed, RAIDBOXES guarantees a minimum annual mean availability of 99% for the services it offers via the internet. Availability is deemed to exist where the system resources and services are for the most part operational. Availability is calculated on the basis of the time allocated to the respective calendar month in the contractual period, minus the maintenance periods defined below. RAIDBOXES will carry out maintenance work during periods of low use, insofar as such is possible.
- RAIDBOXES shall immediately remedy any software errors wherever technically possible. An error is deemed to exist if the RAIDBOX account fails to fulfill the functions specified in the description of services, delivers incorrect results or fails to function properly in some other way, thereby preventing or restricting the use of the RAIDBOXES account.
- In order to provide its services, RAIDBOXES is dependent on infrastructures that are operated by third parties (Digital Ocean LLC., Hetzner Online GmbH) and over which it has no influence. Disruptions or restrictions may occur due to causes which fall outside of RAIDBOXES’ sphere of influence, in particular, internet malfunctions or instances of force majeure. The following circumstances are not regarded as disruptions to operation:
- interruptions to availability due to malfunctions in areas for which a third party is responsible and over which RAIDBOXES has no influence
- interruptions due to force majeure
- short interruptions in operation which are necessary in order to guard against and prevent (e.g. through updates) specific threats posed by potential misuse by third parties (so-called exploits)
- In order to maintain the functional capability of the technology used, RAIDBOXES regularly carries out maintenance and servicing work. If this work is associated with interruptions to services, RAIDBOXES will ensure that it is carried out at times when demand is typically lower wherever possible.
- In order to maintain a high level of security, software updates are regularly installed. This can have an effect on the scope and configuration of the services provided by RAIDBOXES. It cannot be ruled out that changes to content stored by the customer or applications installed by the customer may also become necessary. RAIDBOXES will provide the customer with prior notification of such wherever possible. If such a system update requires changes that are unreasonable for the customer, he/she can initiate extraordinary termination of the contract.
- The customer is free to change to another tariff offering more services (upgrade) or fewer services (downgrade) at any time during the contract term. RAIDBOXES should be contacted for information regarding any fees which may apply in connection with the change. Once the change has been initiated, a new contract shall begin on the basis of the applicable description of services and GTCs at the time of the change, with a new minimum term where applicable. In the case of a change to a higher tariff, any unused payments made by the customer for the old tariff shall be refunded.
- The customer is not entitled to demand that the same IP address is allocated to the server for the entire contract term.
6. Disruptions To Services
- RAIDBOXES must rectify faults, subject to technical and operational feasibility. The customer is obligated to immediately notify RAIDBOXES of any faults that he/she is able to identify. If the fault is not rectified within a reasonable period of time, the customer is to grant RAIDBOXES a reasonable grace period (generally one week). This grace period must be granted in writing. If the fault is not rectified within this grace period, the customer may claim for the damages suffered as a result. This right to claim for damages does not apply to the beta features, voluntary gratuitous services and DEMO BOXES offered by RAIDBOXES.
- If the functionality of the BOXES is restricted due to content that is in breach of contract or due to use beyond that provided for by the contract, the customer cannot assert any rights in regard to faults which occur as a result of this. RAIDBOXES is released from its obligation to perform in instances of force majeure.
- In the event that RAIDBOXES fails to fulfill its obligations to perform, the customer is only entitled to withdraw from the contract if RAIDBOXES fails to comply with a reasonable grace period set by the customer. This grace period must be granted in writing. The written form can be replaced by an electronic form if the customer adds his/her own name to the declaration and the electronic document features a qualified electronic signature in accordance with the Digital Signature Act (Signaturgesetz). The grace period must be at least two weeks in length.
7. Changes To Services
- RAIDBOXES reserves the right to make changes to the services offered or to offer different services unless such is unreasonable for the customer.
- RAIDBOXES also reserves the right to make changes to the services offered or to offer different services,
- if obligated to do so due to a change in legislation;
- if such is required in order to ensure compliance with a court ruling or administrative decision;
- if the change in question is necessary in order to close any security loopholes;
- if the change only brings benefits to the customer; or
- if the change is of a purely technical or procedural nature and will not affect the customer in any significant way.
- Changes that have no significant impact on the provider’s services are not regarded as changes to services within the meaning of this section. This applies in particular to changes of a purely graphical nature and simple changes in the layout of the functions.
8. Cancellation Policy
- Where the customer is considered to be a consumer within the meaning of Section 13 BGB, the concluded contract can be canceled within fourteen days (withdrawal period) without any need for the customer to provide reasons for doing so. According to 13 BGB, a consumer is “any natural person who enters into a legal transaction for purposes that lie predominantly outside his/her trade, business or profession.” It is at the discretion of RAIDBOXES whether or not a party is to be regarded as a consumer.
- In order to assert his/her right of cancellation, the consumer must notify RAIDBOXES of his/her decision to cancel the contract by means of a clear declaration to this effect (e.g. a letter sent by post or an e-mail). The attached sample cancellation form may be used for this purpose, however, this is not mandatory. In order to comply with the deadline for cancellation, the notification concerning the customer’s wish to exercise his/her right of cancellation must be sent before the withdrawal period expires.
- Consequences of cancellation
Following successful cancellation, any payments already made shall be immediately returned, at latest within fourteen days from the day upon which the notification concerning your cancellation of the contract is received by RAIDBOXES. RAIDBOXES will return any payments using the same method of payment which was used for the original transaction unless otherwise explicitly agreed; in no instance will any fees be charged for this repayment.
- Sample cancellation form: (Delete as applicable.)
I/we (*) hereby cancel the contract concluded by myself/ourselves (*) for the purchase of the following goods (*)/the provision of the following services (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only if a paper copy shall be submitted)
9. Contract Term, Termination
- The contract term is determined according to the payment interval selected by the customer. When the contract term expires, it will be automatically extended by the same length of time as the previously selected payment interval.
- The contract can be terminated at any time without observation of a notice period on expiry of the contract.
- The contract can only be terminated in writing by means of a letter or via the secure online administrative area (RAIDBOXES dashboard). Notice of termination may be sent by e-mail if the e-mail address used by the sender is the address registered for the customer’s account. The notice of termination must include the essential contractual components (surname, name, customer number, contract number, BOX number).
- If a customer has several BOXES, the notice of termination must clearly specify which BOX and which contract is to be terminated.
- If no specific date is given for the termination of the contract, this shall take place on the date that the contract expires.
- Where the termination is initiated by the customer, he/she must specify what is to happen to the domain registered in his/her name. If the customer fails to provide instructions in this regard in good time, even following a request to do so from RAIDBOXES, RAIDBOXES is entitled to delete (close) the domain. Where the termination is initiated by RAIDBOXES, the above provision shall apply accordingly, provided that RAIDBOXES asks the customer to issue instructions when initiating the termination.
- The right of both parties to terminate the contractual relationship for good cause remains unaffected. The following cases, in particular, are considered good cause for RAIDBOXES to terminate the contractual relationship:
- The customer fails to pay the agreed remuneration for two consecutive dates or fails to pay a significant portion of the remuneration, or the customer fails to pay an amount of remuneration equal to that due for two months, within a period extending over more than two due dates.
- The customer is unable to pay, or insolvency proceedings have been initiated against his/her assets, or an application for the initiation of insolvency proceedings has been rejected due to lack of assets.
- The customer is in breach of essential contractual obligations and fails to immediately rectify this despite warning or notification from RAIDBOXES regarding the blocking of the content.
10. Terms Of Payment
- The fees which are to be paid to RAIDBOXES by the customer and the relevant billing period are determined according to the description of services for the tariff chosen by the customer. As a general rule, billing is carried out online by means of an invoice that is generated in the dashboard and made available as a file which can be downloaded and printed.
- The online invoice is deemed received by the customer when it can be retrieved by him/her in the dashboard and is therefore accessible to him/her. This applies even if RAIDBOXES also sends the invoice to the customer via e-mail in the form of a PDF document.
- RAIDBOXES allows customers to pay the due amounts by direct debit, per invoice or by credit card. The resulting billing period corresponds to the contract term. The payments are always payable in advance.
- payment per invoice
If the invoice method of payment is chosen, the usage-based charges shall be payable in advance for the selected contract term. Invoices must be paid within 10 days.
- payment by SEPA Direct Debit
Where payments are made by SEPA Direct Debit, the usage-based charges shall be debited from the customer’s account. In this regard, the customer authorizes RAIDBOXES to collect the due payments from an account as specified by the customer. To this end, the customer issues a direct debit mandate to RAIDBOXES, which can be withdrawn at any time. We currently accept direct debit mandates from Germany, Austria, and the Netherlands. If the direct debit does not clear due to a lack of funds or because incorrect banking details have been provided, or the customer objects to the debt even though he/she is not entitled to do so, the customer must cover the chargeback fees of the respective credit institution if he/she is responsible for the failure of the direct debit to clear. The customer may attempt to prove that no or substantially less damage has been suffered by RAIDBOXES. The customer will be sent a reminder informing him/her that the charges must be transferred. No further automatic attempt to collect the outstanding charges will be made.
- payment by credit card
Where payments are made by credit card, the usage-based charges shall be debited from the customer in advance. For this purpose, the customer must save his/her credit card details on the dashboard.
- If the customer defaults on payment, RAIDBOXES is entitled to withhold services after issuing a warning. This generally involves the BOX being blocked. The customer’s obligation to pay is not affected as a result of this. RAIDBOXES’ right to extraordinary termination without observing a notice period remains unaffected.
- If the customer fails to pay a significant portion of the remuneration owed for two consecutive months or fails to pay an amount of remuneration equal to that due for one month within a period of over two months, RAIDBOXES can terminate the contractual relationship with a good cause without observing a notice period.
- As with any services provided over an extended period of time, the costs of the services provided by RAIDBOXES can also change as a result of legal and economic changes (e.g. due to an increase in energy and telecommunications costs). RAIDBOXES reserves the right to change the prices at the beginning of a new billing period with a notice period of six weeks. The customer is entitled to extraordinary termination at the time the price change becomes effective. If the customer does not exercise this right within four weeks of having received notification to this effect, the change shall be deemed accepted; RAIDBOXES will explicitly point this out to the customer.
- RAIDBOXES is entitled to make reasonable increases to fees. In any event, an annual increase of 10% is considered reasonable. The increase to the fees requires the customer’s approval. Approval shall be deemed granted if the customer does not object to the increase within one month of having received notification of the change. RAIDBOXES is obligated to notify the customer of the consequences of failing to raise an objection in the notification announcing the change.
11. Duties And Responsibilities Of The Customer
- The customer has the option to manually safeguard all files and software settings through the use of the backup function. Appropriate security options are available on the dashboard.
- Responsibility for the content lies with the customer. The customer alone is responsible for all content which is stored in the BOX or kept in a retrieval-ready state. As part of his/her obligation to comply with legal and contractual provisions, the customer is also responsible for the conduct of third parties working on his/her behalf, particularly that of vicarious agents or assistants. This also applies to other third parties to whom the customer has knowingly provided login details. RAIDBOXES is not able to check the contents of customers’ pages for any potential violations. Furthermore, the customer shall ensure that any programs, scripts etc. which he/she installs will not pose a risk to the operation of RAIDBOXES’ server or communications network or to the security and integrity of other data stored on RAIDBOXES’ servers.
- The contents stored by the customer using the storage space allocated to him/her can be protected under copyright and data protection law. The customer grants RAIDBOXES the right to allow the content that he/she stores on the server to be made accessible via the internet upon request, and in particular, to be copied and transmitted as well as copied for the purposes of data protection. The customer is responsible for ensuring that his/her use of personal data is in compliance with data protection requirements.
- Responsibility for ensuring that passwords are handled securely lies with the customer. RAIDBOXES explicitly points out that online, as well as in other places, there are constant attempts made to guess access passwords through the use of automated processes. The customer is obligated to protect his/her BOXES from such attacks and to select passwords that will not be at risk from these scan attempts.
- It is the responsibility of the customer to change his/her passwords at regular intervals. Only passwords rated as very strong when checked should be chosen. The customer is obligated to treat the passwords received from RAIDBOXES for access purposes as strictly confidential and to immediately inform RAIDBOXES as soon as he/she becomes aware of any authorized third parties having knowledge of the password. Likewise, RAIDBOXES will immediately inform the customer as soon as it has reason to suspect that a third party is using its server without authorization.
- The customer is obligated to ensure that the personal data which he/she provides during the registration process is correct and complete and to immediately notify RAIDBOXES of any changes to this data.
- The customer indemnifies RAIDBOXES against any claims asserted against RAIDBOXES by third parties due to violations of their rights caused by content stored on the server by the customer. The customer hereby assumes responsibility for the costs of any necessary legal defense including all court fees and lawyer’s fees, up to a reasonable sum. 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 obligated to immediately, truthfully and completely place at RAIDBOXES’ disposal all information that is required in order to verify and defend against the claim.
- In the event of an imminent or occurred breach of the aforementioned obligations, as well as claims that are asserted against RAIDBOXES by third parties on the basis of the content stored on the server and are not manifestly unfounded, RAIDBOXES is entitled, taking into account the legitimate interests of the customer, to temporarily prevent this content from being accessed online, either in part or in full, with immediate effect. RAIDBOXES will immediately inform the customer if this measure is to be taken.
- If programs, scripts etc. that have been installed by the customer pose a risk to the operation of RAIDBOXES’ server or communications network or to the security and integrity of other data stored on RAIDBOXES’ servers, RAIDBOXES can deactivate or uninstall these programs, scripts etc. If required in order to remove the risk or remedy the negative impact, RAIDBOXES is also entitled to interrupt the connection between the content stored on the server and the internet. RAIDBOXES will immediately inform the customer if this measure is to be taken.
- The customer must avoid overloading the RAIDBOXES server system. In particular, overloading can result from scripts which are not included in the RAIDBOXES program library. Where the customer’s content affects or seriously jeopardizes the functionality, security or availability of the server system, RAIDBOXES is entitled to delete the customer’s account.
12. Legal Compliance And Prohibited Use
- The customer may grant partial or full use of a BOX to his/her employees/assistants.
- The customer is obligated to comply with all statutory provisions, and in particular, to also ensure the information required under the Telemedia Act (Telemediengesetz) and the GDPR is provided on any websites. In particular, retrievable content, stored data, inserted banners and keywords used for input into search engines must not violate the law or infringe third-party rights (especially brands, name rights, copyrights). The following are regarded as serious violations
- Violations of child protection laws
- Significant copyright violations arising from the storage and/or retrieval-ready holding of any content, especially music, pictures, videos, software etc.
- Illegal espionage or manipulation of data belonging to RAIDBOXES and/or the data of other RAIDBOXES customers.
- Under the terms of the contract, the customer is not permitted to
- offer or allow to be offered pornographic content or for-profit services based on pornographic and/or erotic content (e.g. nude pictures, peep shows, etc.),
- operate phishing sites,
- operate public gambling activities which fall under the German Interstate Treaty on Gambling,
- offer content that glorifies or trivializes war, terror and other acts of violence against people or animals,
- offer content that could morally endanger children or young adults,
- make available content which depicts people in a manner that violates human dignity and/or report on actual facts without any justified legitimate interest in such form of reporting,
- The aforementioned obligations apply accordingly to hyperlinks provided on the website by the customer to third-party content of this nature,
- send non-transactional content by e-mail via the SMTP relay provided by RAIDBOXES. The sending of newsletters, spam and malware are strictly prohibited.
- The operation of download portals or a comparable use of storage space for the mass distribution of files as downloads is not permitted, nor is the installation of software or the excessive playing of video material for which the data transfer (traffic) is not measured in a standard manner (www traffic, mail traffic, and FTP traffic is measured in a standard manner). In the event of a violation, RAIDBOXES shall be entitled to delete the customer’s account.
- The sending of spam emails using software installed on BOXES is not permitted where such involves the repeated sending of e-mails to recipients without their consent and where the recipient has not granted consent even though this is required (“spam”). The burden of proof (see Sec. 7 (2) of the German Unfair Competition Act (Gesetz gegen den unlauteren Wettbewerb, UWG)) with respect to the recipient’s consent lies with the customer and not RAIDBOXES. The customer is also not permitted to promote the content of BOXES using spam emails dispatched from other providers. The customer is also prohibited from sending so-called “paid emails” or emails promoting a “referral system”.
- If the customer is not acting as a consumer, in the event of breaches of obligations under these GTCs for which the customer is responsible, RAIDBOXES can demand payment of a contractual penalty of up to EUR 5,000.00, an amount which shall be determined by RAIDBOXES in each specific case and which the customer may present to the court system for review. Each singular act will be deemed an individual violation; at the very least each and every month shall be considered as an independent violation in cases of ongoing violation. The assertion of further damages shall remain unaffected by the contractual penalty.
- If the customer is at fault for damages that affect RAIDBOXES due to a violation of statutory provisions or third-party rights, the customer releases RAIDBOXES from liability. If indemnification is not possible, the customer shall be liable to pay compensation for the damages. The compensation shall also cover reasonable costs incurred by RAIDBOXES for any necessary legal defense. RAIDBOXES shall inform the customer immediately if claims are made by third parties and the customer shall be given an opportunity to comment.
13. Liability Of RAIDBOXES
- RAIDBOXES is fully liable, on any legal basis
- in cases of intent or gross negligence,
- in cases of wilful or grossly negligent injury to life, limb or health,
- owing to a warranty, unless otherwise agreed,
- owing to compulsory liability such as that according to the German Product Liability Act (Produkthaftungsgesetz).
RAIDBOXES is also liable for any negligent breach of obligations, the fulfillment of which is absolutely necessary for the orderly execution of the contract and compliance with which the customer may regularly rely upon (cardinal obligations).
- If a loss of data occurs for which RAIDBOXES is responsible, RAIDBOXES is liable within the scope of the following limitations of liability only with respect to the costs of restoring and recovering data which would have been lost even with a standard backup of the data by the customer.
- The limitation of liability under Sections 9.1 through 9.4 also applies to the personal liability of RAIDBOXES’ employees, representatives, and organizational units.
- RAIDBOXES is not subject to any further liability, regardless of the legal basis.
14. Restrictions On Use (Blocking Of The BOX, Sending Of E-Mails)
- RAIDBOXES has the right to block BOXES without prior notice in the event that objective facts justify a suspicion that a BOX has been improperly used by a third party to a considerable extent (e.g. a hacker attack). RAIDBOXES is likewise entitled to block access without prior notice in the event that any other substantial and obvious (evident) violation of the law or the rights of third parties has originated from a BOX.
- RAIDBOXES shall inform the customer immediately in regard to any instance of blocking. By sending the notice by e-mail to the e-mail address given by the customer, RAIDBOXES has fulfilled its obligation to notify.
- If the blocking is due to a legal and/or contractual infringement, RAIDBOXES can make the unblocking conditional upon the customer correcting the illegal condition, and in order to exclude the risk of repeated occurrence, making a penalty-enforced declaration of discontinuance to RAIDBOXES and providing an adequate security deposit. The amount of the penalty associated with this declaration of discontinuance as well as the security deposit shall be based on the severity of the violation. In order for a violation to be corrected, it may be necessary for RAIDBOXES to suspend the block temporarily. Usually, RAIDBOXES will handle this in the following manner: The customer must first issue a written declaration stating that he/she intends to correct the violation. Following this, RAIDBOXES will temporarily suspend the block for the purposes of correcting the violation and will inform the customer of this.
- RAIDBOXES is also entitled to block BOXES if the customer is in default of payment. The block on the customer’s BOX will be lifted as soon as he/she makes the overdue payments.
- New BOXES can also be blocked for validation purposes. The BOX will be unblocked after the new customer has confirmed his/her identity.
- Should a BOX become infected with malware, RAIDBOXES is entitled to immediately block the affected BOX. This is done to ensure the security of the system as well as to protect the owner of the BOX against being penalized by search engines and prevent the visitors to his/her BOX from being put at risk.
- Likewise, RAIDBOXES is entitled to prevent e-mails from being sent via the SMTP relay which it makes available if asked to do so by the provider of this service.
15. Data Protection
- RAIDBOXES explicitly points out to the customer that with the current state of the art it is not possible to guarantee the comprehensive protection of data transmitted over open networks such as the internet. The customer understands that the provider is technically capable of viewing the pages stored on the web server, and potentially other data that belongs to the customer and is also stored there, at any time. Other internet users may also be technically capable of interfering with the security of the network without authorization and controlling communications traffic. The customer bears full responsibility for the security and protection of the data that he/she transmits online and stores on web servers.
16. Place Of Jurisdiction, Applicable Law
- The place of jurisdiction for all claims pertaining to conflicts arising from the contractual relationships between the parties, in particular regarding the coming into existence, handling, or cancellation of the contract, insofar as the customer is a proper merchant, legal entity under public law or special fund under public law, in Münster in Westphalia, Germany. RAIDBOXES may also take legal action against the customer at his/her general place of jurisdiction.
- For the contracts concluded by RAIDBOXES on the basis of these conditions and for claims of any nature arising from such, the law of the Federal Republic of Germany applies exclusively, under exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
17. Other Provisions
- The customer shall only be entitled to offset with claims of RAIDBOXES where such are undisputed or legally established. The customer is only entitled to assert his/her right of retention on the basis of counterclaims resulting from the contractual relationship with the provider.
- Should individual provisions of these terms and conditions prove to be invalid, this does not affect the validity of the contract as a whole.
B. Special Conditions
1. Special Conditions for Backups
- We offer automatic backups to our customers as part of our offer. These are created automatically at 3 a.m. MEST and can take several hours to create depending on the size of the backup. Our backups are stored in the data centers of Amazon Web Services, Inc., 410 Terry Avenue North, Seattle WA 98109, United States, or AWS for short. We have chosen Frankfurt as the location for our servers. If a backup is made, it will reflect the BOX in the actual version found on the server at 3 a.m. We do not carry out checks with regard to content and function in the course of this process.
- Each automatically generated backup is stored for 30 days. The relevant backup will be permanently deleted after 30 days.
- If a backup plugin that is not associated with RAIDBOXES is used, RAIDBOXES cannot guarantee the completeness and functionality of the backups that we create.
- RAIDBOXES allows the customer to create a backup manually. A manually created backup will be deleted as soon as the customer cancels and deletes his/her BOX. The number of backups which may be created depends on the tariff and is specified in the product description.
- The staging environment (database and file system) does not form part of RAIDBOXES backups.
2. Special Conditions For Free Boxes (DEMO BOXES)
The special conditions described here supplement and put into more concrete terms the provisions set out in Part A Section 4.
Not all of the services listed in Part A Section 5 apply to free BOXES during the trial phase.
- RAIDBOXES offers DEMO BOXES for all the available tariffs. MINI and STARTER are available for a 14-day free trial, high-traffic BOXES for 4 days. The exact demo period will be indicated when the DEMO BOX is selected.
- The customer is not entitled to demand that the full range of functions of the regular product is provided for free BOXES during the trial period.
Erasure Of Data
If the customer has not converted the free BOX into a paid one, nor created an additional paid BOX, then the contract ends automatically following the end of the trial phase, with no need for either the customer or RAIDBOXES to request its termination. The free RAIDBOXES account will continue to exist.
3. Special Conditions For The “FULLY MANAGED” Pricing
As part of the FULLY MANAGED tariff, we offer automatic plugin (supporting WordPress software) and theme (WordPress design templates) updates for the CMS WordPress.
Procedure For Updates Of Plugins And Themes
An update process always requires the creation of a daily backup. After the update, the accessibility of the website will be checked. The website will not be fully checked for functionality and design. As there are numerous plugin updates that need to be carried out, the customer will not be notified when plugin updates have been completed. The customer is therefore obliged to check his/her website at least once per week.
This does not include pages which are not accessible or properly linked. Such pages are not subject to automatic updates. In this case, the customer will be contacted by RAIDBOXES using the e-mail address that is stored on file.
Procedure In The Event Of Problems
If a page can no longer be accessed following an update, RAIDBOXES will attempt to restore the backup which was created prior to the update.
If the customer detects problems with his/her website, the website can be restored to its previous state at any time using the backup which was created earlier. If an error caused by a plugin or theme update carried out by RAIDBOXES is detected on the website, the backup which was created earlier will be restored to the BOX and the customer will be notified. The two parties can then decide whether an update is to be postponed initially or whether an additional paid support service is to be used.
Exclusion Of Liability
RAIDBOXES is not liable for damages caused by plugin or theme updates. In particular, the customer has no right to demand that RAIDBOXES rectify problems resulting from plugin or theme updates.
4. Special Conditions For Domain Contracts
- If a domain is registered through RAIDBOXES, the contract is concluded directly between the customer and the respective registrar. In the course of this, RAIDBOXES acts as a broker, internet service provider (ISP), for the customer in the context of a non-gratuitous relationship of agency (Section 675 BGB). The registration requirements and guidelines of the respective awarding authority or registrar therefore apply. If these contradict the GTCs of RAIDBOXES, the relevant registration requirements and guidelines take precedence over the GTCs of RAIDBOXES. An overview of the policies and registration requirements is available here.
- Domains are registered by means of an automated process. RAIDBOXES has no influence over the allocation of domains. RAIDBOXES, therefore, makes no guarantee that the domains requested for the customer are able to be allocated (delegated), will continue to exist in future and are free of third-party rights.
- The customer is obligated to cooperate in regard to the registration, transfer, and deletion of domains as well as the amendment of entries in the databases of the awarding authorities.
- The customer guarantees that his/her domains and the content which can be retrieved at said domains complies with statutory provisions and does not infringe any third-party rights. Other national laws must also be observed depending on the type of domain or the purpose of the content found at said domains.
- If a third party sufficiently demonstrates that domains or content infringes their rights, or RAIDBOXES believes that infringement is likely based on an objective evaluation of the circumstances, we may temporarily block the content and take measures to ensure that the affected domain cannot be accessed.
- The customer shall indemnify RAIDBOXES against compensation claims asserted by third parties on the basis of unauthorized use of an internet domain or the content found at said domain.
- If the customer relinquishes a domain to the relevant awarding authority or registrar, he/she will immediately notify RAIDBOXES of such.
- Termination of the contractual relationship between RAIDBOXES shall not affect the contract that exists between the customer and the awarding authority or registrar for the registration of a domain. However, termination instructions concerning the registration relationship must still be sent to RAIDBOXES, as RAIDBOXES manages the domain for the domain holder and regular communications from the domain holder, including notices of contract termination, are to be regularly forwarded to the relevant awarding authority or registrar via the provider.
- Therefore, in order to successfully terminate the contract for the registration of a domain at the same time as the contractual relationship with RAIDBOXES, the customer must issue an explicitly written declaration stating that the domain can be canceled and deleted at the same time. If the customer is not the domain holder, the request for termination or deletion requires the written approval of the domain holder or administrative contact.
- For all domains in connection with the top-level domains .de, .at, .com, .net, .org, .biz, .info, .eu, the deadline for submitting domain cancellation notices to RAIDBOXES is four weeks to the end of the registration contract term, and three months for all other domains.
- RAIDBOXES will immediately forward any domain cancellation notices that are received after the deadline to the awarding authority. However, it should be noted that if a cancellation notice concerning the domain registration contract is not issued by the customer in good time and the term of the domain registration with the awarding authority or registrar is extended as a result, the customer remains obligated to pay the fees for the period of extension.
- If the customer terminates the contractual relationship with RAIDBOXES but does not issue any explicit instructions in regard to what is to happen to the domains that have been registered through RAIDBOXES up to that point, the obligation to pay the fees for the domains continues to apply until further notice. If the customer fails to respond to the request which has been sent to the e-mail address provided by the customer, asking him/her to issue written instructions regarding the domains within a reasonable period of time, RAIDBOXES is entitled to place the domains under the direct management of the relevant awarding authority or to release the domains in the customer’s name. The same applies if the contractual relationship with the customer is terminated by RAIDBOXES.
- If the customer fails to place domains under the management of another provider at latest by the end date of the management contract concluded between the customer and RAIDBOXES for the management of the domains, RAIDBOXES is entitled to place the domains under the direct management of the relevant awarding authority or to release the domains in the customer’s name. This also applies in particular in instances where the customer has issued instructions regarding the transfer of the domain to a new provider, but this has not been implemented in time.
5. Special Conditions For Add-Ons
Description Of Services
- The customer has the option to acquire additional add-ons as part of his/her contract.
- The scope of services for the add-ons that we offer can be found in the relevant description of services. These can be found here.
Conclusion Of Contract, Execution Of Contract, Cancellation
- One or more add-on(s) can be acquired for each BOX. The add-on will be automatically linked to the contract governing the BOX in question.
- If the BOX is canceled, the associated add-on will also be automatically canceled.
- Each add-on can be canceled independently of the BOX and the contract, subject to a notice period of one month to the end of the contract.
Terms Of Payment
- Each add-on will be billed for along with the contract governing the BOX in question. The method of payment and payment intervals shall be synchronized automatically as part of this process.
- The method of payment will be the same as that selected for the previously concluded contract.
- If the commencement of the contract for the add-ons does not coincide with the commencement of the contract associated with the BOX, the add-on shall be billed for on a pro rata basis for the relevant period.
6. Special Conditions For The “FREE DEV” Program
- RAIDBOXES offers its customer a free development environment. Here developers can create websites in 3 free DEMO BOXES with STARTER tariff services for a period of 90 days. Once the website has been finished, it will be sent to the customer referred by the existing customer as part of a change in ownership and then converted into a paid BOX. Rewards for the handing over of the website to the customer can also be earned as part of the RAIDBOXES affiliate system. You can find further information about our affiliate program here.
- This offer is aimed exclusively at web developers. The customer must already be registered in order to activate the FREE DEV program. This can be done by completing a form during the onboarding process. Alternatively, the customer can request that the program be activated by contacting our chat support staff.
- After authorization to use the FREE DEV program has been successfully obtained, RAIDBOXES shall provide the customer with up to 3 DEMO BOXES, free of charge, for a period of 90 days each. The BOX will be automatically deleted after 90 days.
- After the form has been sent, RAIDBOXES has 3 days in which to either approve the customer’s request for access to the FREE DEV program or provide reasons for refusing the request.
- RAIDBOXES is entitled to refuse the customer access to the FREE DEV program at any time if there is the reason to believe that the program is being misused or that other violations according to Section 12 of the General Provisions of these GTCs have occurred.
7. Special Conditions For E-Mail Service
- RAIDBOXES customers have the option to acquire e-mail mailboxes as part of their contract. In order to enable us to offer e-mail services, RAIDBOXES works together with mailbox.org under the terms of a reseller agreement.
- The scope of services is determined according to the description of services for the selected package.
- An e-mail mailbox can only be created where the customer has access to a domain. This must be linked during the order process.
- The customer is responsible for ensuring that essential backups of e-mails are created.
- The contract term for the e-mail mailbox corresponds with that of the associated contract.
- The e-mail mailbox can be canceled at any time on expiry of the associated contract, independently of the contract, without observation of a notice period.
- If the contract to which the e-mail mailbox is assigned is terminated, the e-mail mailbox shall be automatically terminated along with it and deleted upon expiry of the contract term.
Terms of Payment
- Each e-mail mailbox shall be billed for along with the associated contract.
- The method of payment will be the same as that selected for the previously concluded contract.
- If the commencement of the contract for the mailbox does not coincide with the commencement of the contract associated with the BOX, the mailbox shall be billed for on a pro rata basis for the relevant period.
Updated in February 2019