eXtro media GbR. Version 2.3 , June 6. 2013

Our terms and conditions are aimed at ruling the business relationship between you and eXtro media GbR. by fair and binding means, taking into account the interests of all Internet users. Basis of an order and a contract must therefore always have the following terms and conditions, which you confirm to have taken notice of and agreed with when placing an order with us. You can therefore see the terms and conditions at this site and print if necessary.

Section I: General Provisions

  1. Scope, changes, contract start

    1. These terms and conditions (GTC) by eXtro media GbR. (hereinafter called extro-media.de) apply to all extro-media.de services. In Section I (General Provisions), you will find conditions that apply to all services. In sections II (web hosting, domains, e-mail, unified messaging) and III (server) you will find conditions that apply to each, additional for each service. The rules for each service are valid even if under a contract provided multiple services together.

    2. eXtro-media.de provides all services subject to these Terms. This is especially true if the customer uses own general terms and conditions and these are contradictory or deviating from the Terms and Conditions listed here. Also listed here are the terms and conditions, if extro-media.de, aware of conflicting or deviating conditions of the listed conditions of the customer, executes an order unconditionally.

    3. eXtro-media.de may change these terms and conditions with reasonable notice. If the customer doesn't object to the modification within a period of time prescribed by extro-media.de, the amendment shall be deemed approved. eXtro-media.de draws the customer's attention in the change notice to that the change will be effective if he does not object within the prescribed period.

    4. eXtro-media.de can announce the full text of the GTC by a link under which the full text is available on the Internet.

    5. A contract requires the provision of complete and correct data.

    6. The contract is concluded with the activation of the access code by extro media.de, referred to the main part of the contract.

    7. Cancellation policy

      Right of withdrawal
      You may revoke your contractual declaration within 14 days without giving reasons in writing (eg letter, fax, e-mail). The time limit begins after receipt of this notification in writing, but not prior to conclusion and also does not fulfill our obligations under Article 246 § 2 in connection with § 1 Sections 1 and 2 EGBGB and our obligations in accordance with § 312e Section 1 Clause 1 BGB in conjunction with Article 246 § 3 EGBGB. The revocation period is sufficient to send the revocation. The revocation must be sent to: eXtro media GbR.– Mayinger Straße 5 – 72393 Burladingen

      special arrangements return of digital goods

      According to the German Distance Selling Act, a provider is not obliged to take back digital goods. (as 06/06/2013)

      This section provides a concession of eXtro-media GbR. and represents a voluntary service provided by us.

      The right of withdrawal expires prematurely if the customer starts with the execution of the service, before the withdrawal period has started with express consent. If Digital goods are downloaded, the download is considered breaking the seal and the customer loses the right of return.

      Please note further, Download period of the digital goods depends on the respective good..


      Consequences of withdrawal
      In the case of an effective withdrawal, the mutually received benefits and any benefits (eg interest) surrendered. Can you give us the received achievement totally or partly only in deteriorated condition, you must pay us compensation for the value. This can cause you to fulfill your contractual payment obligations for the period up to cancellation. With the release of things this does not apply if the deterioration is exclusively due to their inspection - as they would in a retail store - is due. In addition, you can avoid the obligation to pay compensation for a purpose by putting the goods caused by the goods as your property and omitting everything, which impairs their value. For a purpose by putting the goods caused, you must not have value. Transportable items are to be returned at our expense and risk. Not parcel things do you pick. Obligations to reimburse payments must be made within 30 days. The time limit begins for you when you send your cancellation or the goods for us with their receipt. Cautions Your right of withdrawal expires prematurely if the contract is fulfilled by both sides on your specific request, unless you have exercised your right of cancellation. End of the cancellation. The foregoing right of cancellation does not apply if the transaction of your business or profession can be attributed.

  2. Services of extro-media.de

    1. The scope of each service is derived from the time of the order date description of the service.

    2. All servers in the data centers we use are connected through a complex system architecture to the Internet. Inbound and outbound traffic passes through routers, load balancers, switches, etc., which each have a certain maximum data throughput rate. A direct connection of individual servers to transfer points to the Internet does not exist. For technical reasons, therefore, the traffic capacity for groups of servers are limited at certain points. An increased amount of traffic from or to individual servers can cause for these servers, and other technology in conjunction with them, that each server's maximum data throughput rate is not available. The data throughput rate is in such cases distributed technologically on the connected servers. The same applies to websites that share a server. With increased data traffic, the traffic capacity is distributed among the technically related websites.

    3. The availability of servers and data paths to the transfer point to the Internet (backbone) is at least 99% annual average. eXtro-media.de informs the customer that limitations or impairments can arise to the extro media.de services provided outside the control of extro-media.de. This includes in particular acts of third parties which do not act on behalf of eXtro-media.de, by eXtro-media.de not influenceable technical conditions of the Internet, and force majeure. Similarly, hard-and software and technical infrastructure used by the customer (eg broadband connection from another provider) have influence on the services of extro-media.de. Insofar as such circumstances affect the availability or functionality of the services provided by extro media.de, this has no effect on the contractual compliance to the services provided by extro media.de.

    4. For security of the operation, to maintain network integrity, interoperability of services and data protection, eXtro-media.de runs regular maintenance. To this purpose, eXtro-media.de can suspend or temporarily restrict its services, taking into account the interests of the client, unless justified by objective reasons for this. eXtro-media.de will perform the maintenance, wherever possible, in times of low usage. If longer temporary downtimes or restrictions will be necessary, eXtro-media.de will previously inform its customers on the nature, extent and duration of the impairment, to the extent that the circumstances is objectivity possible to delay the briefing and the elimination of interruptions would not already occurred.

    5. eXtro-media.de may change Services, as far as taking into account the interests of customers of eXtro-media.de is reasonable for the customer.

    6. As far as fixed IP addresses are made available, eXtro-media.de reserves the right to modify the client-assigned IP address, unless this is necessary for technical or legal reasons.

    7. If necessary and reasonable to the customer, he participates at a change eg by re-entering credentials or making simple changes to its systems.

  3. terms of payment

    1. Independent usage charges are payable for the duration of the contract in advance, unless a shorter settlement period has been agreed. Customer payments are made by direct debit. The customer authorizes eXtro-media.de to collect all incurring usage-independent charges under the contract. The authorization given by the customer applies for new bank accounts.

    2. Usage-based fees are payable after the end of each billing period. Usage-based fees are based on the current price list, which eXtro-media.de determines in its reasonable discretion. Customer payments are made by direct debit. The customer authorizes eXtro-media.de to collect all incurring usage-independent charges under the contract. The authorization given by the customer applies for new bank accounts.

    3. A statement sent by e-mail is free. If the customer insists on sending of invoices, eXtro-media.de will charge a fee of 2.50 € per bill.

    4. eXtro-media.de may change the prices at the beginning of the next term of the contract with reasonable notice of at least a month. If the customer doesn't object to the modification within a reasonable period of time set by eXtro-media.de, the amendment shall be deemed accepted. eXtro-media.de draws the customer in the change notice that the change will be effective if he does not object.

    5. Claims against eXtro-media.de may offset the customer only with undisputed or validly determined counterclaims.

    6. If the customer defaults on payment, eXtro-media.de may terminate the services.

    7. If the customer is for two consecutive months with the payment of a substantial portion of the payment or in a more than two-month period with an amount equal to one monthly payment in arrears, eXtro-media.de can terminate the contract without notice for good reason. An important reason for immediate termination for extrovert media.de is present in particular when an insolvency proceedings over the assets of the customer, or the opening will be rejected for lack of assets.

    8. When arrears occur, eXtro-media.de can charge damages for any unauthorized chargeback in the amount of 10.00€. The customer has the right to prove that damage has not occurred or is significantly lower.

  4. Customer Obligations

    1. The customer is obliged to provide necessary information completely and correctly and promptly notify changes. This is especially true for the address data, bank account and the e-mail address.

    2. eXtro-media.de may send information and statements regarding the contract to the e-mail address of the customer. The customer will check the email address that serves as contact information to eXtro-media.de regularly.

    3. The customer is obliged to set up its systems and programs so that no security, integrity, or availability of systems that eXtro-media.de uses to provide the service, is affected. eXtro-media.de may terminate services when systems operate or respond differently from the working order and thus security, integrity or availability of eXtro-media.de's server systems will be affected.

    4. The customer agrees to change the allocated passwords immediately. He manages passwords and other credentials carefully and keep it secret. He is obliged to pay for those services that third parties use about his credentials and passwords, or order, unless he has control over this.

    5. The customer creates backup copies of all the data he transfers to eXtro-media.de servers on a third party system. In the event of data loss, the customer will again transfer the respective data to an eXtro-media.de server free of charge for eXtro-media.de.

  5. Liability Extro-media.de

    1. eXtro-media.de is only liable for damages for intent and gross negligence of eXtro-media.de or one of his assistants.

    2. If eXtro-media.de or one of the agents injures an essential contractual obligation (cardinal obligation) in a purpose of the contract manner that endangers, the liability to the typical damages, but the predicted eXtro-media.de of contract reasonably as could, unless the breach is intentional or grossly negligent.

    3. In the scope of the TKG (Telecommunications Act), the liability rule of § 44a TKG remains unaffected in any case.

  6. Data Usage

    1. eXtro-media.de collects and processes data in accordance with statutory data protection rules. Information can be found in the Privacy Policy.

    2. Where this is necessary for billing, eXtro-media.de may  store and transmit traffic data and / or accounting data. eXtro-media.de will erase traffic data no later than six months after sending the bill if the customer did not charged against the amount of the charged connection fees before the deadline for objection. In such a case, the traffic data will be stored until the dispute has been finally clarified.

    3. The customer has the right to demand a complete storage of traffic data or complete erasure of traffic data after invoicing. A recording of traffic data after invoicing omits, if the customer has exercised this right to request deletion.

    4. Unless for technical reasons or at the request of the customer no traffic data is stored, or stored data is deleted at the request of the customer or due to legal obligations, eXtro-media.de has no burden of proof for the individual compounds. The customer will be advised of this consequence in the bill in clearly shown form. As far as a storage for technical reasons is not made, the customer will be informed prior to the bill granting to this restriction on the ability of the port.

    5. To make the service after the needs of our customers, the customer agrees that the use of services is recorded under a pseudonym. The data recorded under a pseudonym is not merged with the data of the bearer of the pseudonym. eXtro-media.de will deal with the protocols as confidential. They will not be disclosed to third parties, without being anonymous before. The right of withdrawal remain unaffected by this provision.

  7. Copyright, reservation of title

    1. eXtro-media.de grants limited rights of use to the customer at his own and other software programs or scripts made available during the time of the corresponding period of the contract. It is not permitted to grant these rights to third parties. In particular, a sale is therefore not allowed. The customer will delete copies of the software after termination of the contract and not use further. For open source programs these safeguards do not apply, only the relevant license conditions apply.

    2. Otherwise, the license terms of the respective manufacturers apply.

    3. Content, text, images, animations, film and audio material provided by eXtro-media.de can be used during the contract period covered by the contract to design the website. It is not permitted to grant third parties rights. After termination of the contract, the materials are to be deleted.

    4. Hardware and other goods until full payment of the relevant invoice owned by eXtro-media.de.

  8. Contract period, termination

    1. Unless the specific offer states otherwise, the contract is extended automatically by the respective minimum contract period / first contract period, unless it is terminated by either party with a deadline of one month before the maturity date. If the first contract period longer than one year, the renewal period be one year.

    2. Terminations must be in writing, with a transmission by fax is sufficient to maintain this form. The contract can be terminated on the effective and secure customer service area, provided this option is available.

    3. Jurisdiction, applicable law jurisdiction for all disputes arising out of or in connection with this contract is Hechingen / Württ. If the customer is a merchant, a legal entity under public law or a public special fund. For all claims of any kind arising from or in connection with this contract, the law of the Federal Republic of Germany excluding the UN Convention on the International Sale of Goods (CISG).

Section II:
Special rules for domains, web hosting, online storage, e-mail, unified messaging

  1. contractual relationship

    1. The contract concerning the registration of the domain is concluded between the customer and the contracting authority or the Registrar. eXtro-media.de mandated the registration of domains in the framework of an agency relationship for the customer, if eXtro-media.de is not the registrar for the relevant Top Level Domain (TLD). Information to the registrar for each TLD can be found at 1b.

    2. The top-level domains are registered and managed by different organizations. For each top-level domain are different award conditions (see product description of the individual domains). .de domains are valid for the domain policy, domain terms and the price list of DENIC eG, the above-linked conditions are part of this contract.

    3. The data for the registration of domains will be forwarded to the respective registries in an automated process. The customer can't expect from the actual allocation until the Internet service was provided under the desired domain. A guarantee for the allocation of ordered domains can not be assumed.

  2. Customer Obligations

    1. The customer is required to contribute to a reasonable extent during registration, transfer and cancellation of domains to the modification of entries in the databases of the registries and registrars and providers of the change.

    2. The customer is responsible for its domain (s) and contents do neither violate legal rules nor rights of third parties. eXtro-media.de notes that other national jurisdictions are to be observed, particular in international domains.

    3. The customer undertakes not to offer any domains or content for retrieval with extremist (especially right-wing) nature or that contain pornographic or erotic commercial offers. This applies even if such content is made available on third party sites through hyperlinks or other connections that the customer relies.

    4. The sending of spam mails is prohibited. This will include the sending of illegal, unsolicited advertising to third parties. When sending e-mails, it is forbidden to provide false sender information or to conceal the identity of the sender by other means. The customer is obliged to make this character in commercial communications by selecting the appropriate design of the e-mail (s) clearly.

    5. The client is responsible to ensure that the limited volumes of inclusive services are not to be exceeded, unless this was agreed upon in the contract. Should eXtro-media.de become aware of the fact that the traffic volume of the client of a Web Hosting package exceeds the stipulated monthly volume by more than 10%, then eXtro-media.de will inform the client accordingly. In such cases, eXtro-media.de may offer the client a contract upgrade to the next level (e. g. a superior Web Hosting package) with a corresponding greater traffic volume. Should the client refuse an offer to upgrade the contract to the next level, eXtro-media.de is entitled to terminate the contract with two weeks notice.

    6. Alternatively, eXtro-media.de has an extraordinary right to terminate the contract with three weeks notice in the event of traffic excess pursuant to 2e.

    7. In the event of incorrectness of the data that have to be transmitted for a domain pursuant to the applicable registration terms and if eXtro-media.de is not able to contact the client through the transmitted data, eXtro-media.de is entitled to delete the domain.

  3. eXtro-media.de Measures on Infringements of Rights and Threats

    1. Should third parties furnish prima facie evidence that the content of a website, any other data stored on eXtro-media.de servers or a domain itself constitutes an infringement of their rights, or if it is probable, based on objective grounds, that a domain or content infringes on legal provisions, eXtro-media.de is entitled to block the website or server as long as the infringement of rights or the dispute with the third party regarding the infringement of rights persists.

    2. If the alleged infringement of rights is caused by a domain, eXtro-media.de may take measures to prevent access to the domain. Should the infringement of rights caused by a domain appear certain based on objective grounds, eXtro-media.de is entitled to terminate the contract without notice.

    3. In the event of extremist, pornographic or commercially oriented erotic content, eXtro-media.de is entitled to terminate the contract without notice in place of blocking the domain.

    4. Should the client send spam mail pursuant to 2d, eXtro-media.de is entitled to temporarily block the client´s e-mail accounts on the e-mail server. Should the server concerned be a dedicated or virtual server, eXtro-media.de may temporarily block the entire server in this case.

    5. Should spam mail as mentioned in 2d contain a URL or a hyperlink that is administered by eXtro-media.de or the content of which is stored in the eXtro-media.de Computing Center, eXtro-media.de is entitled to temporarily block the domain or content.

    6. Based on objective criteria, eXtro-media.de is entitled to refuse e-mails directed to their clients, if there is sufficient evidence to assume that an e-mail contains harmful software (viruses, worms or Trojans etc.), the sender details are incorrect or concealed or the e-mail contains unsolicited or concealed commercial communication.

    7. If services are suspended due to the foregoing reasons, eXtro-media.de´s payment claims shall persist unaffected thereof.

  4. E-Mail, Unified Messaging (UMS)

    1. eXtro-media.de reserves for e-mail and UMS, to limit the size of incoming and outgoing messages, as far as is reasonable for the customer.

    2. Extro-media.de is entitled to delete e-mail messages on accounts provided,

      • after they are retrieved by the customer,

      • after they were forwarded according to the customers wish,

      • after being stored for 60 days.

    3. The dispatch of UMS messages to special numbers or foreign ports is possible only to the extent expressly provided in the offer.

  5. eXtro-media.de liability

    If the client is an entrepreneur, a public law entity or a public sector special fund, eXtro-media.de´s liability for damage due to gross negligence of ordinary employees is restricted to the damage typically foreseeable at conclusion of the contract; eXtro-media.de´s liability is restricted to the overall sum of the contractual fees that eXtro-media.de has received from the client in the context of the specific contract during the last two years preceding the occurrence of the action causing the damage.

  6. Procedures for contract termination

    1. Cancellation orders for domains require the signature of the Registered Name Holder / Admin-C.

    2. The domains shall be deleted on termination of the contract. If, according to the accreditation terms, deletion is not permitted without the express instruction of the owner of the domain, eXtro-media.de can transfer the domain to the relevant registration organisation for further administration. eXtro-media.de hereby informs the client that in such cases the client's payment obligation towards the accrediting authority may persist.

    3. Alternatively, eXtro-media.de may delete the domain after a reasonable period of time.

    4. If eXtro-media.de legitimately terminates the contract due to customer's default in payment or for material breach, eXtro-media.de is entitled to delete the respective domains after expiration of an appropriate period of time, provided that the client does not issue instruction to the contrary.

Section III: Special Rules for dedicated and virtual servers

  1. Administration and use

    1. Any use of the server to provide the following services are excluded:

      • IRC (Internet Relay Chat), e.g. IRC servers, bots, bouncers

      • Anonymizing services, e.g. Tor, JAP, proxy server

      • Streaming Services

      • Download services

      • P2P file sharing

  2. eXtro-media.de Measures on Infringements of Rights and Threats

    1. If a client puts the security, integrity and availability of networks, servers, software or data at risk through its own dedicated or virtual servers – in particular in the event of a breach of clause 1a -, or if eXtro-media.de suspects so based on objective grounds, eXtro-media.de may temporarily block the server concerned. For the sake of clarification, this shall also apply for what is known as "denial of service attacks" (DoS Attacks) which the client launches through its server. In the event of a wilful act on the part of the client, eXtro-media.de shall be entitled to terminate the contractual relationship without notice.

    2. If a dedicated or virtual server puts the security, integrity and availability of networks, servers, software or data at risk without the client being responsible for this, or if eXtro-media.de suspects so based on objective grounds, eXtro-media.de may temporarily block the server concerned. For the sake of clarification, this provision shall also apply for DoS Attacks for which the client’s server is used by third parties.

    3. eXtro-media.de hereby points out that it is often due to a client´s conduct on third parties if it becomes the target of a DoS Attack. If a server is repeatedly affected by DoS Attacks and further repetition is to be expected, while there is no possibility reasonably available to eXtro-media.de to prevent the expected future DoS Attacks or their effects on other systems, eXtro-media.de may terminate the contractual relationship without notice after issuing a written warning.

    4. Should spam mails be sent through the server (section II, item 2d), eXtro-media.de may temporarily block the server concerned.

    5. The Customer's obligations under Section II, point 2 shall apply accordingly. eXtro-media.de may terminate or cancel servers in such cases as described in Section II, point 3.

  3. Surrender of use to third parties
    A grant of use (in whole or in part) to an anonymous third party is forbidden.

  4. Indemnification
    The client shall compensate eXtro-media.de for any damage resulting from breach of the foregoing provisions to the extent that it is responsible for that. Damage compensation shall also include the reasonable costs of any legal defence that may become necessary. eXtro-media.de shall inform the client without undue delay if itself or any third parties assert such claims and shall give the client the opportunity to state its view.

  5. eXtro-media.de Liability
    If the client is an entrepreneur, a public law entity or a public sector special fund, eXtro-media.de´s liability for damage due to gross negligence of ordinary employees is restricted to the damage typically foreseeable at conclusion of the contract; eXtro-media.de´s liability is restricted to the overall sum of the contractual fees that eXtro-media.de has received from the client in the context of the specific contract during the last two years preceding the occurrence of the action causing the damage.

2012-06-25