General Terms and Conditions of Inline Internet Online Services GmbH
– called INLINE below –
As of: 10.7.2017
1. Validity of the conditions
1. INLINE provides the services exclusively on the basis of these terms and conditions. Deviating purchase or other conditions of the contracting party are hereby expressly contradicted.
2. Subsidiary agreements, assurances and other agreements as well as changes and additions to the contract must be made in writing in order to be valid.
2. Conclusion of the contract
1. By signing the contract, the customer submits to INLINE an offer to conclude a contract. He is bound by his offer for a period of 3 weeks after receipt of the contract with INLINE.
2. The contract is concluded when INLINE has confirmed the acceptance of the application in writing within this period or begins with the actual execution of the services.
3. Offers from INLINE are always non-binding. INLINE can make the conclusion of the contract dependent on the presentation of a written power of attorney, an advance payment or the guarantee of a German bank.
1. Unless otherwise stipulated in the contract between the parties, the contractual relationship may be properly terminated after expiry of any agreed minimum term with a notice period of 1 month to the end of the contract month. For special offers and special offers (especially offers with annual payment) different periods of notice may exist, as far as on the Internet pages or in the offer is pointed out. The right to extraordinary termination for good cause remains unaffected.
2. Terminations require the written form to be effective.
4. Obligations of INLINE / scope of services
1. INLINE provides the customer with access to the existing communication infrastructure, the provision of storage space on a server, the use of value-added services, the maintenance and administration of data processing systems and communication infrastructures. The details and scope of the services are concluded from the written main contract.
2. Insofar as INLINE provides additional services and services outside the contractual agreement free of charge, these can be discontinued at any time. A reduction or compensation claim of the customer or a right of termination does not result.
3. INLINE is entitled to change, reduce or supplement the range of services resulting from the contract as well as to suspend access to individual services if and insofar as this does not significantly or materially affect the fulfillment of the purpose of the contract concluded with the customer. Customers should be informed in good time.
5. Duties and Obligations of the Customer
1. The customer is obliged to use the INLINE services properly. In particular, he is required to
a) inform INLINE without delay of changes in the contractual basis;
b) Do not misuse access to the INLINE services and refrain from any legal or illegal actions. In particular, the customer is prohibited
1. to use the services of other subscribers of the INLINE services without authorization,
* unauthorized use of services agreed between INLINE and the customer,
* Passwords, e-mails, files or similar other participants in the INLINE services or the system operator to decrypt to read or modify,
* Unauthorized distribution of individual applications of licensed application software via the INLINE services,
* Interrupt or block communications services, such as overloads, as far as the customer is responsible,
* Distribute or make accessible any criminal content of any kind via INLINE services,
* This applies in particular to pornographic, glorifying contents or those directed against the free democratic basic order or the idea of international understanding as well as for propaganda and marks of unconstitutional parties and associations or their replacement organizations,
* to provide pornographic content to third parties or third parties related to the sexual abuse of children.
* In the event of a contractual infringement (especially the above points), the customer will reimburse INLINE for material and personnel expenses as well as expenses incurred.
(c) to ensure compliance with legal and regulatory requirements, as far as they should be present or future, for participation in the INLINE network;
(d) to take into account and comply with the applicable data protection rules and recognized principles of data security;
e) promptly notify INLINE of any defects or damage that may be identified (failure notifications) and to take all measures to enable the defects or their causes and their causes to be identified or to facilitate and speed up the elimination of the disruption;
f) to replace INLINE with the expenses incurred as a result of the inspection of its facilities, if and to the extent that it emerges after the inspection that there was a fault in the area of responsibility of the customer (outside the defined scope of contract and services).
2. If the customer violates the obligations specified in subsection 1 lit. b) and c), INLINE is entitled to terminate the contractual relationship immediately and in all other cases except ref. G) after unsuccessful warning.
3. Details of the interaction of users with each other can be agreed in partnership by means of a user code.
4. In the cases of paragraph 1 lit. c) INLINE is authorized, in addition to the right to termination without notice, to block access to the services resulting from the scope of services with immediate effect upon notification of a breach by the customer in the manner specified there.
5. The customer will have created / created daily updated backup copies of all data transferred to servers of the provider, which must not be stored on the server itself, in order to ensure a fast and cost-effective restoration of the data in the event of a system failure.
In principle, this backup contains, in addition to possible other data sources, all files that the customer has uploaded himself as part of the INLINE services, all databases or database contents of the databases created as part of the INLINE services, as well as contents of their own mailboxes. which are stored on the servers of INLINE.
In the event of data loss, the customer will once again upload the relevant data to the provider’s servers free of charge and restore configurations.
6. Use by third parties
1. Direct or direct use of the INLINE services by third parties is permitted. The customer may use, resell and sublet the services for his own purposes. The latter must properly instruct third parties in the use of the services. The customer shall be liable to INLINE for compliance by the third party with the contractual provisions in the same way as he himself would have to be responsible for compliance.
2. The customer also has to pay the fees incurred by third parties within the scope of the access and use options made available to him. The same applies in the case of unauthorized use of the services by third parties, unless the customer proves that the unauthorized use was made by circumventing or canceling the security measures of INLINE, without that? he has to represent these.
7. Terms of payment
1. Unless otherwise agreed in the contract, INLINE shall invoice the customer for the agreed services at the respectively valid tariffs and / or fees and conditions plus the applicable statutory sales tax. Fixed fees are billed monthly in advance, from consumption-based fees at the beginning of the following month. The respective fees shall be due for immediate payment upon invoicing without deduction.
2. If the fee is to be paid regardless of consumption for parts of a calendar month, these will be charged for each day at 1/30 of the monthly fee.
3. Line and communication costs (telephone charges) between the customer and the connection point INLINE are to be borne by the customer. Insofar as there are separate costs for a connection on the INLINE page (eg terminal adapter, exclusive modem provision, etc.), these will be billed separately to the customer.
8. Set-off and retention right, default
1. Against the claims of INLINE, the customer can only offset with undisputed or legally established claims. The customer is entitled to assert a right of retention only because of such counterclaims, which result from the same contractual relationship as those claims against which the right of retention is countered.
2. Claims for damages due to delivery and service disruptions are excluded, as far as these are not due to intent or gross negligence on the part of INLINE.
3. If a disruption to the INLINE service that is substantial exceeds one week and an actual outage period of more than one business day is reached, the customer shall be entitled to charge the monthly fees and charges from the time of occurrence until the cancellation of the To reduce disability accordingly. A significant disability exists when
a) the customer, for reasons that are not his or his or her third party’s responsibility, no longer has access to the INLINE infrastructure and thereby can no longer use the services listed in the contract, and
b) the overall use of these services is significantly impeded or the use of individual services listed in the contract becomes impossible or comparable restrictions exist.
4. In the event of service failures due to an incident beyond the control of INLINE, the reduction is excluded. The same applies to the failure of services due to necessary business interruptions acc. 10 of the Terms.
9. Late payment
1. In case of late payment, INLINE is entitled to demand default interest in the amount of 5 percentage points above the respective statutory base interest rate pa. If INLINE is able to prove a higher damage caused by default, INLINE is entitled to assert it.
2. INLINE can terminate the contractual relationship extraordinarily without observing a deadline or assert a right of retention to the services incumbent on it, in particular interrupting the retrieval of the domains, the connection of the server to the network or the line connection of the customer, if this is due to the payment of the owed Amounts are wholly or partially in default for more than one month, INLINE has warned the customer under deadline and has pointed to the possible consequences of termination and the right of retention.
3. The assertion of further claims remains INLINE reserved.
10. Availability of services
INLINE offers its services 24 hours a day, 7 days a week. Necessary business interruptions for preventive maintenance will be announced as soon as possible. INLINE will eliminate faults in its technical equipment as quickly as possible within the scope of existing technical and operational possibilities.
11. Confidentiality / Privacy
1. The contracting party is hereby gem. Section 33 (1) of the Federal Data Protection Act states that INLINE will process personal data in machine-readable form and for tasks resulting from the contract.
2. Insofar as INLINE uses third parties to provide the services offered, INLINE is entitled to disclose the subscriber data in compliance with the provisions of § 28 BDSG. Incidentally, INLINE shall be entitled to do so in cases in which the detection, limitation and elimination of faults and faults in the systems of INLINE as well as in the third-party systems used make the transmission of data necessary.
3. INLINE declares that your employees acting under this contract are subject to the data secrecy acc. § 5 BDSG have been committed and INLINE has taken in accordance with § 9 BDSG necessary technical and organizational measures to ensure the execution of the provisions of the BDSG.
12. Liability and limitations of liability
1. Claims for damages outside of the warranty for defects are excluded both against INLINE and in relation to its vicarious agents, unless intent or gross negligence is lacking or warranted characteristics are lacking. This disclaimer of liability does not apply to damage to life, limb or health, damage resulting from a negligent or intentional breach of duty by him, his legal representatives or his vicarious agents as well as for damages that are covered by the liability under the Product Liability Act as well as for all damages that are intentional or grossly negligent breach of contract as well as malice of the provider, its legal representatives or its vicarious agents, as well as in case of violation of essential contractual obligations.
2. INLINE shall not be liable for the information provided by third parties about its services, their accuracy or timeliness, or that they are free of third party rights or that the broadcaster is acting lawfully, unless there is intent or gross negligence.
3. Unless other terms and conditions of these terms and conditions exclude liability, this is for customers who are registered traders, for damages that
(a) by the use of INLINE services,
b) through the transmission and storage of data by INLINE,
c) through the use of transmitted programs and data by INLINE,
(d) by failing to check for stored or transmitted data pages of INLINE or
e) have arisen because the required storage or transmission of data by INLINE has not occurred,
the amount is limited to the proven predictable damage.
4. The customer is liable for all consequences and disadvantages incurred by INLINE or third parties as a result of the improper or illegal use of the INLINE services or because the customer does not fulfill his other obligations.
5. INLINE can not be held liable for any damage caused by failure to provide INLINE services as a result of war or armed conflict, force majeure or labor disputes.
6. INLINE is not obliged to make backups without a separate agreement. In this context, the customer is reminded once again of his obligation to back up data in accordance with point 5.6 of the General Terms and Conditions.
13. E-mail filter
1. The e-mail filters offered by INLINE result in e-mails being rejected or withheld on the company’s own infrastructure in accordance with the service provider commissioned by INLINE or technical products purchased on its own infrastructure.
2. If e-mails are withheld in the offer for e-mail filters, INLINE will provide interfaces with which the customer can check retained e-mails and, if necessary, activate them.
3. The customer is obliged to check all retained e-mails on a regular basis. The legal provisions on the obligation to take note of e-mails includes the regular checking of the retained e-mails explicitly.
14. E-mail archiving
1. The e-mail archiving offered by INLINE takes place on the servers of INLINE or on the servers of the service provider commissioned for e-mail archiving.
2. Liability and damage claims as a result of failures, data losses, data manipulation and data theft of the commissioned service provider is excluded.
15. SSL Certificates with Let’s Encrypt
1. The use of the software LiveConfig for the creation of SSL certificates is free of charge – if the use in the booked service is available – and can be used by the user in its sole discretion.
2. Personal advice or support for Let’s Enrypt or use of the LiveConfig software for Let’s Encrypt by telephone, email or in writing, as well as setting up Let’s Encrypt on the customer’s web server if required, will be charged at the regular hourly rate charged by INLINE for every 15 minutes commenced.
4. If the service is canceled, INLINE informs all customers about this event if possible with a lead time of 30 days.
5. The provision of the service to deliver and extend free Let’sEncrypt certificates for the customer is a voluntary additional service of INLINE. A claim for fulfillment does not exist here.
6. Time spent for troubleshooting, configuration support or adaptation of the Let’s Encrypt environment may be charged to the customer.
7. Liability resulting from damage resulting from incorrect provision of the certificates is excluded.
16. Final provisions
1. Place of performance for all contractual services is the registered office of INLINE in 76133 Karlsruhe, Federal Republic of Germany.
2. Contracts concluded on the basis of these General Terms and Conditions are subject to German law. Provisions of the international uniform purchase law (UN sales law) are, as far as permissible, waived.
3. The registered office of INLINE is the place of jurisdiction for all disputes arising from this contractual relationship vis-à-vis all commercial customers. This also applies to legal persons under public law or special funds under public law. However, INLINE is also entitled to sue at the customer’s location.
4. Should any provision of this agreement be or become invalid in whole or in part, or ineffective, this shall not affect the validity of the remaining provisions. Rather, in lieu of the invalid provision, a substitute provision corresponding to the purpose of the agreement or at least approximating which the parties would have agreed to achieve the same economic result, if they had known the ineffectiveness of the provisions. The same applies to the incompleteness of the provisions.