Terms and Conditions

InterNetX GmbH

See below our General Terms and Conditions (AGB) and Special Conditions of Contract (BVB). Please note that only the German versions apply and are legally valid.

General Terms and Conditions (AGB)

This English language translation of the General Terms and Conditions serves for informational purposes only and has no legal authority. The decisive text is the version written in German. Therefore, in case of differing interpretations between the German and English versions, the German version shall take priority.

1. General

(1) These Terms and Conditions shall apply for all contracts concluded between InterNetX GmbH (hereinafter, “InterNetX”) and their customers. All services provided by InterNetX are subject to these Terms and Conditions. Complementing these Terms and Conditions, relevant Special Terms and Conditions (BVB) shall apply. Any differing or additional terms and conditions proposed by the customer shall only be valid upon express written acceptance by InterNetX. This also applies for the included Special Terms and Conditions. If additional terms and conditions, proposed by the customer, have been fulfilled, this will not constitute an acceptance of the proposed additional terms and conditions.

(2) InterNetX may make amendments to these Terms and Conditions, with the exception of charges and performance (see, §2(3)), to the extent that these amendments are required, due to subsequent disturbances in the equivalency and/or subsequent gaps in the contract because of changed circumstances (i.e. ineffectiveness due to changes in statutory provisions and case law, respectively), and the amendments are not unreasonable for the customer. InterNetX shall inform the customer of such amendments either in writing or electronically (usually in the form of a revised version of these Terms and Conditions). Also, the customer should be aware that any amended terms and conditions will be part of the Agreement between the parties if the customer does not object to the amendment within a period of one month from receiving notice. If the customer objects to the amendment, each party shall have the right to terminate the Agreement on the date the amendments are valid. If the customer does not object, all amendments shall be deemed accepted.

(3) These Terms and Conditions, as well as additional applicable Special Terms and Conditions (i.e.. BVB for Domains, Servers, or SSL Certificates), are available at www.internetx.com.

(4) These Terms and Conditions shall also apply to any future business relationships between the parties. This also applies for any applicable Special Terms and Conditions.

2. Duties of InterNetX/ Service Changes

(1) InterNetX provides its services on the basis of the current general state of the internet and, in particular, the technical, legal and commercial framework for use of the internet, and InterNetX is not responsible to keep up to date with the cutting edge state of the art. Accordingly, it is not possible to extend a customer’s use of the internet according to any cutting edge state of the art technical developments, especially when already committed to an unchanged level of charges.

(2) As long as InterNetX provides their services free of charge, the customer has no right to demand fulfillment. If necessary, InterNetX has the right in the future to offer such previously free of charge services as services for remuneration.

(3) InterNetX is authorized to make, in writing or by electronic message (ex. by e-mail) to the customer, a two-month notice message for adjustments to charges and service content, provided such message does not unreasonably prejudice the customer. Conditions and/or reasons for such performance and payment changes can be from technical or legal requirements (i.e. a change in market conditions in technical or calculated respects; see also §1(2)); also, in individual cases, a change could be required due to economic reasons, which have led to a disturbance of the equivalence ratio. Any such change will be made with a goal of achieving a balance of mutual interests between the parties, if possible. Simultaneously, the customer should be aware that any proposed amended term shall become part of the contract between the parties if the customer does not object to the amendment. If the customer objects the proposed amendment, then each party is entitled to an extraordinary written termination of the Agreement, with a deadline of 14 days before the change. In addition, the customer’s rights will be excluded therefrom.

(4) InterNetX is entitled, if necessary (i.e. due to technical need), to change IP addresses. A change of the IP addresses or the URL does not change the contract and, any other terms and conditions of the contract shall remain untouched and enforceable.

(5) The subject matter, scope and specifications of the contract, as well as any special system requirements, arise primarily from the contract and its annexes, any specific contract terms, or any other special arrangements. The individual contract is only valid if the customer had given a legally valid direct debit mandate, unless the parties have agreed to a different provision regarding payment. Up to this point, the customer has no right to demand fulfillment, but InterNetX may provide that service as an advance performance.

(6) Performance and delivery times are only binding with an express consent/ acceptance in writing, or by a completed certified electronic signature.

3. Price and Payment, Default

(1) The price list is valid unless other prices are expressly agreed to in the contract. The prices are directed exclusively to commercial customers and are net, i.e. does not include the applicable VAT. In the event of a change in the VAT rate during the contract’s term, InterNetX is entitled to adjust the end prices accordingly.

(2) Unless stated in the individual contract to the contrary, the fees are invoiced on a rotational schedule. An agreed upon monthly flat-fee will also be collected in advance. One-off charges, other fees and other variable expenses will be recovered after completion of the service.

The customer authorizes InterNetX to deduct payments to be made by the customer via a direct debit mandate from an account specified by the customer. The customer is obliged to keep sufficient funds in this account. This obligation extends to subsequently incurred and variable charges, purchase prices, or commissions as well as new bank accounts of the customer. If the debit payment cannot be made due to insufficient funds in the customer’s account, or the payment is refunded at the request of the customer, InterNetX is entitled to collect the costs incurred (return debit charge) and to collect any additional minimum damages. In addition, InterNetX is entitled to charge a handling fee of €8 per direct debit, unless the customer proves no damages or there should be lower than €8 in damages.

Alternatively, payment by credit card (VISA/ MasterCard) is possible upon successful completion of a credit check. Even if granted, InterNetX reserves the right to not offer or accept payment by credit card.

(3) If the customer only partially uses the services, the customer is not entitled to a reduction in the fees unless the customer is entitled to a right of reduction under §4(3).

(4) The right of InterNetX to receive payment remains untouched when the quality of access decreases due to force majeure or due to other events that InterNetX is not responsible for (i.e. failure of communication networks and/or gateways of other operators). Further, the customer cannot derive any claims in any case (in particular recompense), if the fault does not extend for more than a working day. However, in the case of significant impairments that last for a substantial period (of at least 8 days), the customer is entitled to an immediate termination of the Agreement.

(5) Customer may only use or accumulate counterclaims when they are undisputed, deliberated by a court or are legally established claims. The same applies to any other rights to refuse, excluding the rights provided in §320 of the German Civil Code (BGB). Customer has the right to assert counterclaims due to the right to refuse performance until counter-performance is made within the same contractual relationship.

(6) In case of delay, InterNetX will only claim the legal interest due. Even the occurrence of delay will be determined within statutory requirements. Upon a showing of good cause, InterNetX has the right to lock, at the customer’s expense, the customer’s website, return the domain to the respective contracting authority (the relevant Registry Operator), or, if the contract is for the provision of a virtual/dedicated server and/or a server housing, to at least temporarily disconnect the server from the network. If the customer acts as a Subprovider or Reseller, InterNetX is also entitled to lock the websites of the end customer or return the domains to the respective contracting authority (the relevant Registry Operator). In particular, good cause is if the customer is in delay with arrears in a high amount (see, §9(2)). In cases when InterNetX is contractually entitled to lock a customer, and locks the customer, the customer is still liable to pay the agreed-upon fees. Moreover, InterNetX is entitled to the right of retention in the affected domain name in accordance with §273 and §320 of the German Civil Code, unless the customer satisfies all money claims. InterNetX reserves the right to assert further claims due to delay in payments under the remaining provisions.

4. Warranty, Availability, Maintenance

(1) InterNetX ensures an annual average of availability of its internet web server of almost 100%. This excludes times when the web server is unavailable to access the internet due to technical or other problems that are beyond the control or responsibility of InterNetX (i.e. force majeure, fault of third party). InterNetX can also not guarantee an uninterrupted availability of data where time for technical work (ex. maintenance) must be provided for the customer and to a reasonable extent (maximum of 1% of the total running time on a regular basis). Notices for necessary interruptions for preventive maintenance will be provided to the customer at the earliest opportunity. Moreover, there is usually an availability of 24 hours a day, 7 days a week.

(2) InterNetX will work to resolve performance problems (i.e. their technical facilities) expeditiously and within the existing technical and operational possibilities. In the case of obvious faults found by the customer, the customer is to immediately alert InterNetX in writing about such errors (fault message).

(3) If services cannot be performed due to circumstances that are the responsibility of InterNetX, the customer must immediately inform InterNetX about the error in writing. If service has not been re-established or resumed within a reasonable deadline provided by the customer in the written notice, the customer is entitled to reduced charges to the extent in which InterNetX is not providing the services. From these provisions, the customer’s right by law to refuse performance remains untouched. Further, with good cause the customer has the right to extraordinary written termination of the Agreement. The extraordinary termination requires the customer gives InterNetX written notice of a reasonable deadline (usually at least one week) to provide the contractual services and that the grace period has expired without the services being provided.

5. Customer’s Duties and Obligations / Accountability

(1) The individual contract takes precedence in determining the customer's obligations. In addition, the following are also the responsibility of the customer:

The customer is obliged to not abuse its access to the internet. In particular, for the purpose of proper use, the customer is obliged to:

  • not upload any content or information in the internet that violates a third party’s statutory or individual rights, or is contrary to public morals;
  • refrain from causing too much stress on networks by indiscriminately or improperly disseminating data, especially by sending e-mails with advertising without the express written consent of the recipient (prohibition of spamming);
  • follow agreed principles of data security (i.e. to keep access codes and passwords secret and to protect against unauthorized use by third parties) and to provide adequate protection measures against, and in particular to not disseminate, computer viruses;
  • immediately inform InterNetX about noticeable defects or damages in accordance with §4(2), second sentence (fault message), and to take all measures to provide and facilitate the elimination of the defects, including identifying the defects or damages and their causes;
  • appropriately refer those whom the customer allows to use the services of InterNetX to these obligations (see especially the following paragraphs); and
  • ensure fulfillment of statutory provisions and regulatory requirements, if this should be required for participation in the network, either now or in the future.

(2) The customer ensures that all data provided by him are current, accurate and complete. Further, the customer shall immediately notify InterNetX of any changes in the customer’s data.

(3) The customer is solely responsible to ensure that he has selected Address Names (domain names, e-mail addresses) that are free (available as a domain name), do not violate a third party’s statutory or individual rights, or are contrary to public morals.

(4) Also, the customer is solely responsible to ensure that any data uploaded into the network by the customer under the contract does not violate any third party’s rights.

(5) The customer is obliged to provide the necessary technical infrastructure (i.e. hardware, software, TCP/IP, browser, modem, telecommunications link, etc.) required for using the services of InterNetX. The customer is also obliged to provide the general administration required in handling the services of InterNetX, unless governed differently by the contract (i.e. fully managed server).

(6) The customer will examine within its means the proper service provisions of InterNetX.

(7) The customer is obliged to keep any passwords, access codes and/or personal passwords used in accessing the services of InterNetX secret, and to protect against unauthorized access by third parties. All statements made using the customer's access code shall be deemed made by the customer. Therefore, the customer bears the risk of unauthorized use of passwords. The customer shall immediately inform InterNetX about any unauthorized access of access codes or personal passwords by third parties as soon as the customer is aware of the access. Furthermore, the customer is required to change the password immediately if the customer has reason to believe that a third party could have gained knowledge of the password. Moreover, for personal safety reasons, the customer has to periodically change the password. If a personal password is repeatedly incorrectly entered, InterNetX is authorized to prevent access (regularly up to the following day). This also applies when InterNetX has a reasonable suspicion of unauthorized third party use of access codes. InterNetX will inform the customer as soon as possible when InterNetX has locked the customer's access.

(8) Further, the customer is obliged to comply with the relevant proper backup procedures in the network, i.e. for professional and commercial use, a backup of the data should be completed after each working day in which data in the database was changed by the customer or by one of the customer’s assistants or agents. When data is stored on InterNetX webservers, backup data shall not be stored on InterNetX webservers.. In particular, the customer must complete a full backup before installing hardware or software. This applies even before InterNetX begins any maintenance. If possible, the customer will be advised of the maintenance in due time.

(9) For a material breach of these obligations (i.e.. prohibition of spamming), InterNetX is entitled to, at its discretion, to immediately temporarily lock access to the internet, or, if the contract is for a virtual/dedicated server and/or server housing, disconnect the server from the network. Further, InterNetX reserves the right to temporarily lock, at the customer’s expense, internet sites with offensive or discriminatory content, or which contains content that is offending in any other way. InterNetX will immediately inform the customer about such measures and request the customer to remove the allegedly infringing content or to explain and, if necessary, to prove the content’s legality. The same applies if InterNetX is locking a website due to regulatory orders. InterNetX will unlock the content once the alleged illegality is disproven.

(10) In a material breach of duty, InterNetX is also entitled to terminate the contract without notice in accordance of §314 of the German Civil Code. Further, InterNetX reserves the right to delete insulting, discriminatory or legally questionable content, or to permanently block the website at the customer’s expense and to return the domain to the relevant registry/NIC (Network Information Center). When indicated, InterNetX reserves the right, if the contract is for a virtual/dedicated server and/or server housing, to permanently disconnect the server from the network. Before taking any such measure, InterNetX will inform the customer of its breach and set a reasonable deadline to correct the breach. If the deadline set by InterNetX is not feasible due to the seriousness of the infringement, InterNetX, at its discretion, may immediately execute each measure and will promptly inform the customer about the measures taken. A notice to the customer is also required when InterNetX is locking a website due to regulatory orders.

(11) If the customer is responsible for a breach of duty under §1 et seq., then the customer shall compensate InterNetX for any damage to InterNetX arising from the breach. The customer shall also indemnify InterNetX against any third party claims based on such a culpable breach of duty of the customer.

6. Data Protection

(1) The customer is specifically advised to the legal data protection regulations. InterNetX advises that in performing the contract in particular for the registration of domains, personal data (i.e. name, address) will be stored. For the purposes of performing the contract, this data may also be transmitted to third parties and will be published in the usual scope of identifying the owner of the domain (including any public query options in the Whois database). Address Data and possibly Negative Data (i.e. negative credit report) will be transmitted to affiliated companies of United Internet AG and to a central file that is maintained by United Internet AG for the purpose of protecting all affiliated companies. Other affiliated companies of United Internet AG provide this data and make it available for any legitimate interest and for a specified purpose.

(2) InterNetX advises to its customers that privacy in data transmission in open networks such as the internet, according to the current state of the art, cannot be guaranteed. In particular, it is possible that persons outside the responsibility of InterNetX will not respect the privacy of others. It is also possible that messages could leave the scope of the Bundesdatenschutzgesetzes (Federal Data Protection Act of Germany) and the EU-Dataspace even though it may not seem to.

(3)InterNetX informs its customers, as a precaution, that unencrypted data transferred online are not secure and could be read and modified by third parties; other internet users could be technically able to monitor or control the message traffic. Therefore, it is not recommended to send confidential information or other personal data unencrypted.

7. Confidentiality

Both parties agree to keep confidential information received during the course of performing the contract secret, especially those that are designated as confidential or are considered to be business or trade secrets, and – as far as not contractually required – shall neither record nor pass on or use such information otherwise. In particular, information regarding transactions, technical aspects and all other non-public information will be kept confidential. Appropriate contractual agreements with employees and/or agents ensuring unlimited non-disclosure of confidential information or unauthorized use of such confidential information will be concluded. Maintaining confidentiality also implies preventing unauthorized persons from having access to the confidential information. The confidentiality obligation shall extend beyond the duration of the contract.

8. Limitation of Liability and Claims

(1) InterNetX is fully liable for any damages caused by intent or by gross carelessness of InterNetX, one of its legal representatives or agents as well as for claims for damages resulting from injury to life, body or health. This applies to contractual and non-contractual (tort) claims. The same applies to liability for a guarantee or a warranty, but the guarantee or warranty must be given in writing. In cases where gross negligence can only be attributed to vicarious agents of InterNetX, the liability will be limited to the damages that arise within the typically expected scope of the contract.

(2) In cases of slightly careless breach of a contractual or an ancillary, the violation of which endangers the purpose of the contract or the general fulfillment of the proper performance of the contract and the customer was entitled to rely on the fulfillment (hereinafter “essential ancillary obligation”), the liability is limited to the damage typically foreseeable at the execution of the contract. InterNetX shall not be liable for cases of slightly negligent breaches of non-essential ancillary obligations. InterNetX shall be fully liable if there is mandatory liability under Produkthaftungsgesetz (German product liability law). A change in the burden of proof to the detriment of the customer is not permitted.

(3) The liability for any damages from delays or impossibilities to perform the contract that InterNetX is responsible for shall also be limited to the damage typically foreseeable that arise within the scope of the contract. In cases of only slight carelessness, InterNetX is only liable for direct damages. This limitation also applies to cases of liability for breach of other legal interests of the customer.

(4) In cases of slight carelessness, InterNetX is not liable for content or programs (software) that are disseminated over the internet and for any eventual damages of any kind arising from such dissemination (error of network infrastructure, defective media, etc.). This limitation also applies when standard software applications (i.e. MS Word, Linux Operating System, etc.) are used with InterNetX software. In any case, the customer is solely responsible for the customer’s use (for example, on the server) of any software, including licensed software.

(5) For cases of liability when the event was caused by a third party and said third party’s liability is limited according to the provisions of the Telekommunikationsgesetzes (German Telecommunications Act) (TKG §44a), then the liability of InterNetX shall also be limited to the same extent as the third party’s liability, unless (1) the damage is the result of intent or gross carelessness on the part of InterNetX, their legal representatives or agents, (2) there is a violation of a fundamental contractual obligation, or (3) the damages are resulting from an injury to life, body or health.

(6) Further, the amount of liability for financial and personal property damages shall be limited to damages typically foreseeable at the execution of the contract.

(7) InterNetX assumes no liability for the proper functioning of infrastructures and transmission systems of the internet or for information transmitted via said systems (neither for the completeness, accuracy or timeliness nor that the information is free of rights), unless InterNetX is responsible for it. Further, InterNetX shall not be liable for loss of use that occurred outside their area of responsibility or was inflicted by third parties.

(8) The above rules shall also apply to the employees and other agents of InterNetX.

(9) The customer should also be aware that InterNetX has no effect on the transfer rate on the internet as well as the content or information provided therein, and as a result, InterNetX is not responsible for such. In particular, InterNetX is not obliged to check the internet presence of its customers or resellers to their end customers for possible violations of the law. The customer is solely responsible for false content or data on their site (especially on the server). However, after gaining knowledge of rights violations or illegal content, InterNetX is entitled to terminate the corresponding web page, at the expense of the client; if necessary, InterNetX also reserves the right, as far as the contract is for the provision of a virtual/ dedicated server and/or a server housing, to disconnect the server from the network. The right to lock or disconnect, in addition to Section 5, also applies in instances where the customer may eventually have no culpability/fault for a violation. InterNetX will inform the customer of such measures as soon as possible.

(10) Claims against InterNetX for ancillary contractual obligations expire in six months unless the claims are due to a defect, such as defined by §438(1)(2) and §634a(1)(2) in the German Civil Code (BGB); in other cases, the limitation period in cases of a defect is for one year, starting with the statutorily defined beginning date. This does not apply to damages deliberately caused by InterNetX, their legal representatives or their agents, as well as for claims in tort. Likewise, this does not apply for claims under the Produkthaftungsgesetz (German Product Liability Act).

(11) InterNetX will have claims for damages against the customer for a breach of the customer’s duties and obligations pursuant to §5(1), et. seq., that the customer was responsible for. In such cases, the customer, in addition to injunctive relief, is liable to compensate InterNetX for the damages suffered or incurred, and shall indemnify and hold harmless InterNetX from any damages or reimbursements to third parties from said violation. Other claims of InterNetX (ex. blocking of content, extraordinary termination) remain untouched.

9. Termination

(1) Provider service contracts run for an initial minimum contract period (usually for one year; see individual contract). If the contract termination is not received in time at the end of the contract period, the contract will be extended by another year.

(2) H) Extraordinary early termination for good cause remains untouched, especially in the cases provided in these Terms and Conditions (i.e. §2 (3), §3(6)). For InterNetX, good cause is when:

  • the customer is in arrears for two consecutive months, or owes a substantial portion of the compensation due, or for more than a two-month period owes an amount equal to at least a bi-monthly payment;
  • the customer has applied or filed insolvency proceedings, or the opening was rejected for insufficient funds.

(3) Every termination shall only be valid when made in writing, or of an electronic declaration created using a qualified electronic signature; a (simple) email is not sufficient, even after any possible legal amendment.

(4) In the event of a termination, InterNetX is not obliged to refund the customer the agreed fee for the minimum contract period. This provision also applies for the respective payments owed during the renewal period. This provision applies regardless of which party terminated the contract, unless the customer’s termination is for a good cause that is the responsibility of InterNetX.

(5) The customer’s claims for compensation are excluded at the completion of the contract.

10. Place of Performance and Jurisdiction/Venue

(1) The Place of Performance is the headquarters/domicile of InterNetX.

(2) The Court of jurisdiction/venue for all disputes arising from the contractual relationship is Regensburg, if the customer is a merchant, a legal entity under public law or a special fund under public law, or if the customer has no domestic jurisdiction in Germany. InterNetX can also file a suit in the jurisdiction/venue of the customer. This also applies for the assertion of a compensatory claim.

11. Final Provisions

(1) The applicable law for any claims and disputes arising out of the contracts, which are concluded on the basis of these Terms and Conditions, shall be the law of the Federal Republic of Germany, excluding applicable provisions available under the UN Convention on the International Sale of Goods.

(2) There shall be no additional oral agreements. Unless it is not about changing these Terms and Conditions, pursuant to §1(2) and §2(3), any changes or amendments must be made in writing. This also applies for an amendment of the writing requirement.

(3) The customer may only transfer their rights and obligations under this contract to a third party with the prior written consent of InterNetX.

(4) If any provision of a contract concluded on the basis of these Terms and Conditions or if any provision within these Terms and Conditions is deemed invalid, the remaining provisions within these Terms and Conditions shall remain untouched. In such a case, the parties will be obliged to replace the ineffective term and condition with a valid one that reflects the economic purpose of the ineffective provision.

 

Special Terms and Conditions for Domains (BVB Domains)

This English language translation of the Special Terms and Conditions serves for informational purposes only and has no legal authority. The decisive text is the version written in German. Therefore, in case of differing interpretations between the German and English versions, the German version shall take priority.

Additionally the General Terms and Conditions of InterNetX GmbH apply.

1. General

(1) These Special Terms and Conditions shall apply for all contracts regarding domains concluded between InterNetX GmbH (hereinafter, "InterNetX") and their customers. InterNetX may make amendments to these Special Terms and Conditions to the extent that these amendments are required, due to subsequent disturbances in the equivalency and/or subsequent gaps in the contract because of changed circumstances (i.e. ineffectiveness due to changes in statutory provisions and case law, respectively), and the amendments are not unreasonable for the customer. InterNetX shall inform the customer of such amendments either in writing or electronically (usually in the form of a revised version of these Special Terms and Conditions). Also, the customer should be aware that any amended terms and conditions will be part of the Agreement between the parties if the customer does not object to the amendment within a period of one month from receiving notice. If the customer objects to the amendment, each party shall have the right to terminate the Agreement on the date the amendments are valid. If the customer does not object, all amendments shall be deemed accepted. In addition to this, reference is made to §2(1).

(2) As different top-level domains are subject to a variety of different worldwide regulations, further contractual bases are the registration conditions of the individual Network Information Centers (hereinafter, "Registries"); therefore, the conditions of the responsible Registry for the respective top-level domains are expressly part of each individual contract regarding Registrations of relevant sub-level domains. In the event the customer breaches these Conditions, InterNetX reserves the right, in its sole discretion, to not register the domain, to not transfer the domain, to transfer the domain against the will of the owner to a third party, or to delete the domain. For example, according to some individual conditions, there cannot be an unlimited number of sub-level domains registered/used, and country specific regulations must be observed (i.e. concerning the owner of the domain), or a change of provider (hereinafter, "Transfer") is not allowed or is allowed only under certain strict requirements; therefore, InterNetX advises the customer that the transmission or implementation of the Registration of a sub-level domain name can only be ensured within the framework of the applicable conditions. In addition, an order for the Registration may be refused if the Registration creates the impression that it violates legal regulations, violates the registration requirements of the responsible Registry or is against the legitimate interests of InterNetX.

(3) Since the relevant Registries may periodically amend their registration conditions and InterNetX is unable to influence this, InterNetX will make these amendments available at https://www.internetx.com/en/legal/tld-reg-conditions as soon as it becomes aware of the relevant amendments; here, one can find a non-binding (informational) review of the individual registration conditions of individual top-level domain Registries, which are made available by InterNetX, as well as links to the original binding versions of registration conditions. InterNetX is contractually obligated by the individual Registries to disclose their registration conditions to the customer; if the customer acts as a sub-provider/reseller, the customer is accordingly obliged to disclose this information to their customers.

The following shall apply:
To the extent that .de domains are the subject of the contract: In addition to these Special Terms and Conditions, the registration conditionsregistration policies and direct price lists of DENIC eG (Inc.) shall also apply. If the customer is a sub-provider/reseller, the customer assures to provide to its customers the registration conditions, registration policies and direct price lists of DENIC eG. He should make it clear that the domain Registration is a separate contract between the customer and DENIC eG, and, for reasons of ensuring permanent domain ownership, the DENIC-direct price list is only valid in case the relevant Internet Service Provider has not met its payment obligations to DENIC eG.

The customer shall reimburse InterNetX for all damages and shall indemnify InterNetX from all claims and other damages which may arise from non-compliance with the aforesaid provisions or when its customers have not satisfied their obligations to cooperate. This also applies for any possible claims raised by the end customer against InterNetX.

If the contract concerns the Registration of domains under the top-level domains of .com, .net, .org or other generic top-level domains (i.e. .info, .biz, .name, etc.), the customer accepts the policies of ICANN, and, where appropriate, the guidelines and registration and assignment conditions of the relevant domain organization, particularly in disputes over the domain due to trademark violations, naming rights and other proprietary rights. The customer can find further relevant ICANN terms and/or conditions within the Uniform Domain Name Dispute Resolution Policy (UDRP). The same applies with regard to the Registration of other top-level domains (i.e. .at-, .ch-, .it-, .dk- or .co.uk domains). If the customer acts as a sub-provider/reseller, the customer assures that it will disclose the relevant registration conditions to its customers. When the customer acts as a sub-provider, all direct communications and inquiries from InterNetX or the relevant Registry (i.e. by DENIC) shall be forwarded to its customers immediately, and other communications shall be forwarded within a reasonable period of time. The customer shall keep and maintain the Registration documents in a verifiable manner for the duration of the contract between the Registry and the customer and shall observe the legal retention periods in accordance with data protection regulations. Upon request of the sub-provider, he shall deliver the Registration documents to InterNetX or to the individual Registry (i.e. DENIC).

2. Duties of InterNetX/ Service Changes

(1) Insofar as DENIC eG (Central Registry for German Internet addresses), or other Registries, amend their pricing models and their pricing for domain names, InterNetX is entitled to adjust the charges to the customer accordingly and the change shall take effect without separate notice. If the customer finds such an adjustment to be unreasonable, the customer shall be given a special termination right relative to the effective date of the amendment.

(2) As far as the Registration of a domain is the subject of the contract, InterNetX only has the duty to apply for the domain at the respective Registry. The customer bears the risk of the domain not being registered by the respective Registry. Furthermore, InterNetX is not obliged to check the availability of a domain or compliance with the registration conditions of the relevant Registry. Therefore, it is within the customer’s own interest to check whether (and possibly how) the domain is still available before each application.

In addition, particularly with domains other than .de domains, any delay for the Registration of the domain name is the responsibility of the customer or of the contracting authority (Registry), and no responsibility will be assumed.

3. Price and Payment, Default

Unless otherwise stated in the individual contract to the contrary, the fees will be invoiced according to the scheduled price list. The price is first due at Registration, in the case of a Transfer at the start; upon renewal of the contract the agreed administrative fees for the further year (including extension of the expiration) will be collected annually in advance, payable no later than the first business day of each additional year. An agreed upon monthly regular fee will also be collected in advance; one-time fees and other variable fees shall be collected after the completion of the service. InterNetX is authorized to carry out the Registration of domain names only after receiving payment of the fees due for this purpose. In addition, InterNetX is entitled, pursuant to §320 of the German Civil Code (BGB), to assert a right of retention on the domains so long as all payment claims are not fulfilled. InterNetX reserves the right to assert further claims due to a default in payment.

4. Customer’s Duties and Obligations

(1) The customer ensures that all data provided by him are current, accurate and complete. In particular, it is important that the information required in the application for the purpose of registering a domain name be accurate and truthful and complies with the applicable policies of the Registries. In the case of a Transfer, the customer is required to submit a written consent from the domain owner before the start of the Transfer. The customer shall immediately notify InterNetX of any changes in the customer’s data. Upon request from InterNetX, the customer will be required to confirm the current accuracy of the communicated data.

(2) The customer will examine within its means the proper provision of service by InterNetX; for domain Registration orders, the customer is responsible for ensuring the technical requirements for the connection of the domain, checking to the proper Registration of the domain as well as the functional capability of the internet access immediately after Registration, and for .de domains, ensures that the information published under http://www.denic.de/domains/whois-service/web-whois.html is correct and immediately informs InterNetX about any errors and faults with regard to the information. The same applies to other domains (i.e. with respect to information published by other Registries).

(3) When registering domains, the customer is obliged to comply with the registration conditions or other guidelines/policies of DENIC and/or other Registries. If the customer is acting as a reseller of a domain, the customer shall be responsible to InterNetX for ensuring that these obligations (i.e. DENIC Registration Conditions) are passed on to its own customers; in the case of .de domains, the customer shall advise its customers that it can carry out the Registration of domain names as a representative on behalf of its customers and such domain name Registration shall lead to the immediate domain name ownership by the end customer. Moreover, the customer accepts the policies of ICANN, especially with regard to disputes over the domain due to infringements of trademarks, naming rights and other proprietary rights (i.e. Uniform Domain Name Dispute Resolution Policy).

5. Limitation of Liability and Claims

Because the application/Registration of domain names is an automated procedure initiated by the customer, InterNetX is not liable for circumstances outside its area of responsibility; therefore, the customer can only assume an actual allocation when the customer successfully carries out the obligations set forth in §4(2). InterNetX is excluded from any liability for the allocation of domain names ordered because of the intermediate allocation of the domain name by another party.

InterNetX, against the background of any liability consequences, reserves the right to delete insulting, discriminatory or legally questionable content, or to permanently block the relevant web page at the customer’s expense or to return the domain to the respective Registry (the relevant N.I.C.).

6. Data Protection

InterNetX advises that while performing the contract, especially for the registration of domains, personal data (i.e. name, address) will be stored. For the purposes of performing the contract, this data may also be transmitted to third parties and will be published in the usual scope of identifying the owner of the domain (including any public query options in the Whois database). If the customer acts as a reseller, it should not transfer its customers’ data to third parties without the consent of its customers or unless this is mandatory for domain name Registration (i.e. such as publication of the data in the Whois database).

7. Termination

Provider service contracts run for an initial minimum contract period (usually for one year; see the individual contract). If the contract termination is not received in time at the end of the contract period, the contract will be extended by another year. The ordinary termination notice deadline is one month before the end of the contract period. The receipt of the termination notice shall be on or before this deadline. Early extraordinary termination procedures remain untouched for cases of good cause, especially those listed in §2(3) and §3(6) in the General Terms and Conditions. For InterNetX, a further good cause is when the customer has domain Registrations that are shown to be in substantial violation of the Uniform Domain Name Dispute Resolution Policy (UDRP).

8. Final Provisions

(1) There shall be no additional oral agreements to these Special Terms and Conditions. In accordance with §1(1) of these Special Terms and Conditions, any changes or amendments must be made in writing.

(2) If any provision of a contract concluded on the basis of these Special Terms and Conditions or if any provision within these Special Terms and Conditions is deemed invalid, the remaining provisions within these Special Terms and Conditions shall remain untouched and are still enforceable. In such a case, the parties will be obliged to replace the ineffective term and condition with a valid one that reflects the economic purpose of the ineffective provision.

 

Special Terms and Conditions for Servers (BVB Servers)

This English language translation of the Special Terms and Conditions serves for informational purposes only and has no legal authority. The decisive text is the version written in German. Therefore, in case of differing interpretations between the German and English versions, the German version shall take priority.

Additionally the General Terms and Conditions of InterNetX GmbH apply.

1. General

These Special Terms and Conditions shall apply for all contracts regarding servers concluded between InterNetX GmbH (hereinafter, "InterNetX") and their customers. InterNetX may make amendments to these Special Terms and Conditions to the extent that these amendments are required, due to subsequent disturbances in the equivalency and/or subsequent gaps in the contract because of changed circumstances (i.e. ineffectiveness due to changes in statutory provisions and case law, respectively), and the changes are not unreasonable for the customer. InterNetX shall inform the customer of such amendments either in writing or electronically (usually in the form of a revised version of these Special Terms and Conditions). Also, the customer should be aware that any amended terms and conditions will be part of the Agreement between the parties if the customer does not object to the amendment within a period of one month from receiving notice. If the customer objects to the amendment, each party shall have the right to terminate the Agreement on the date the amendments are valid. If the customer does not object, all amendments shall be deemed accepted.

2. Duties of InterNetX

(1) InterNetX provides its services on the basis of the current general state of the Internet and, in particular, the technical, legal and commercial framework for use of the Internet, and InterNetX is not responsible to keep up to date with the cutting edge state of the art. Accordingly, it is not possible to extend a customer’s use of the Internet according to any cutting edge state of the art technical developments, especially when already committed to an unchanged level of charges.

(2) The subject matter, scope and specifications as well as any special system requirements arise primarily from the individual contract and its annexes, followed by these Special Terms and Conditions and any other special arrangements. The individual contract is only valid if the customer has given a legally valid direct debit mandate, unless the parties have agreed to a different provision regarding payment. Up to this point, the customer has no right to demand fulfillment, but InterNetX may provide that service as an advance performance. InterNetX is authorized to make the connection only after the payment of the fees is made. It is expressly agreed the activation will be on the earliest possible date.

3. Price and Payment, Default

If the customer exceeds the fixed scope of use contractually agreed upon (i.e. traffic), the customer is obliged to pay the relevant and reasonable additional fees. If the customer only partially uses the services, the customer is not entitled to a reduction in the fees unless the customer is entitled to a right of reduction under §4(3).

4. Customer’s Duties and Obligations/ Accountability

The customer is obliged to provide the necessary technical infrastructure (i.e. hardware, software, TCP/IP, browser, modem, telecommunications link, etc.) required for using the services of InterNetX. The customer is also obliged, as far as not contractually regulated, to provide for the general administration required in handling the services made available by InterNetX. The customer ensures that all data provided by him is correct and complete. The customer is solely obliged to transmit correct (complete and accurate) data records. The customer must also ensure that its scripts and programs located on InterNetX servers are free of errors that could interfere with the performance of services by InterNetX; incidentally, the administration of the server is also the customer’s responsibility, unless governed differently by the contract (i.e. fully managed server).

Moreover, the customer is responsible to ensure that all data introduced by the customer into the network in relation to the contract does not violate any third party rights. In particular, the customer is responsible for any content/information on its dedicated servers. The customer is obliged not to offer or disseminate copyright infringing materials. The providing of P2P file-sharing services, download services or streaming services which could be used for any dissemination of copyright infringing materials is not permitted. In addition, it is prohibited to provide links that direct to P2P file-sharing services, downloading services, streaming services or their contents. In case of breaches, InterNetX reserves the right to disconnect the server from the network without notice and to terminate the contract immediately without prior notice. Also with a material breach of other obligations (i.e. violation of prohibition of spamming; internet websites with abusive, discriminatory, racist content; etc.), InterNetX is entitled to, at its sole discretion, immediately, in full or in part, temporarily lock access to the internet or to immediately disconnect the server from the network temporarily. This also applies if InterNetX is made aware of legal violations by third parties.

5. Termination

(1) Provider service contracts run for an initial minimum contract period (usually for one year; see the individual contract). If the contract termination is not received in time at the end of the contract period, the contract will be extended by another year. The ordinary termination notice deadline is three months before the end of the contract period. The receipt of the termination notice is decisive.

(2) Early extraordinary termination procedures remain untouched for cases of good cause, especially those listed in §2(3) and §3(6) in the General Terms and Conditions. For InterNetX, a further good cause is when the customer is in arrears for two consecutive months, or owes a substantial portion of the compensation due, or for more than a two-month period owes an amount equal to at least a bi-monthly payment.

6. Final Provisions

(1) There shall be no additional oral agreements to these Special Terms and Conditions. In accordance with §1 of these Special Terms and Conditions, any changes or amendments must be made in writing.

(2) If any provision of a contract concluded on the basis of these Special Terms and Conditions or if any provision within these Special Terms and Conditions is deemed invalid, the remaining provisions within these Special Terms and Conditions shall remain untouched and are still enforceable. In such a case, the parties will be obliged to replace the ineffective term and condition with a valid one that reflects the economic purpose of the ineffective provision.

 

Special Terms and Conditions for SSL Certificates (BVB SSL Certificates)

This English language translation of the Special Terms and Conditions serves for informational purposes only and has no legal authority. The decisive text is the version written in German Therefore, in case of differing interpretations between the German and English versions, the German version shall take priority.

Additionally the General Terms and Conditions of InterNetX GmbH apply.

1. General

These Special Terms and Conditions shall apply for all contracts regarding SSL Certificates concluded between InterNetX GmbH (hereinafter, “InterNetX”) and their customers. InterNetX may make amendments to these Special Terms and Conditions to the extent that these amendments are required due to subsequent disturbances in the equivalency and/or subsequent gaps in the contract because of changed circumstances (i.e. ineffectiveness due to changes in statutory provisions and case law, respectively), and the changes are not unreasonable to the customer. InterNetX shall inform the customer of such amendments either in writing or electronically (usually in the form of a revised version of these Special Terms and Conditions). Also, the customer should be aware that any amended terms and conditions will be part of the contract between the parties if the customer does not object to the amendment within a period of one month from receiving notice. If the customer objects to the amendment, each party shall have the right to terminate the Agreement by the date the amendments are valid. If the customer does not object, all amendments shall be deemed accepted.

All goods and services of InterNetX for SSL Certificates shall be performed exclusively on the basis of these Special Terms and Conditions for SSL Certificates (BVB). Deviations, in particular oral agreements, shall require a written approval from InterNetX in order to be deemed valid. The use or partial use of services or products of InterNetX shall, in any event, constitute acceptance of these Special Terms and Conditions, even if the purchasing conditions of the contracting party exclude it.

2. Conclusion of Contract

Every contract regarding the issuance of a Certificate is concluded as part of a partnership agreement (Contract for SSL Certificates) or an individual order. With the submission of the Contract for SSL Certificates the customer tenders the conclusion of the contract, which InterNetX can accept by the creation of an account and the transmission of the access data for the SSL Manager. With each order to issue a Certificate, the customer concludes an additional contract with the relevant Certification Authority.

3. Duties of Customers/Partners

The customer/partner is particularly obliged to:

a) assure to the accuracy of the data required for the issuance of a Certificate;

b) use the Certificate as intended and to not misuse it;

c) safely store, and to keep confidential, any access codes, passwords, etc. provided by InterNetX, and to protect said data against unauthorized access by third parties; and

d) immediately give notice to InterNetX in case of loss or misuse of the provided access data.

4. Acknowledgment of the Subscriber Agreement

The customer hereby confirms that he has read and understood the "Certificate Subscriber Agreement" of the relevant Certification Authority. These are available as follows:

Thawte Agreement
GeoTrust Agreement
Symantec Agreement
RapidSSL Agreement
Comodo Agreement

5. Offers, Prices, Terms of Payment

All offers are subject to change and are without obligation. The stated prices are for business-customers only and are without VAT. In principle, all invoices will be paid by direct debit, for which the customer has issued a legally valid direct debit mandate. However, InterNetX reserves the right, in its sole discretion, to accept an alternative method of payment (per invoice). If the customer is in default of payments, InterNetX shall have the right to revoke Certificates, in cooperation with the relevant Certification Authority, to terminate the contract, to charge the customer for the costs incurred, and, if applicable, to make a claim for damages.

6. Duration and Termination

The duration of the term of the contract regarding the issuance of a Certificate is determined by the validity of the Certificate. In general, the duration of a Certificate is for one year.
In particular, InterNetX shall have the right to revoke a Certificate, in cooperation with the relevant Certification Authority, without consent of the customer in the following cases:

  • there is reasonable suspicion of misuse of the Certificate;
  • the customer is in default with a not insignificant amount of payment; or
  • the customer, when applying for the issuance of a Certificate, has given incorrect information to InterNetX.

In the event of a serious abuse of the issued Certificate, InterNetX shall be entitled to completely lock the customer’s access to its ordering system ("SSL Manager").

7. Limitation of Liability, Damages for Claims

In addition to §8 of the General Terms and Conditions, the following applies: the liability and claims for damages shall be limited in each case to the amount of the relevant contract value.

8. Data Protection

InterNetX will only use data provided by their customers for internal purposes and will not disclose any customer’s data to third parties, unless this is expressly requested by the customer or is necessary to perform the contract.

9. Final Provisions

(1) There shall be no additional oral agreements to these Special Terms and Conditions. In accordance with §1 of these Special Terms and Conditions, any changes or amendments must be made in writing.

(2) If any provision of a contract concluded on the basis of these Special Terms and Conditions or if any provision within these Special Terms and Conditions is deemed invalid, the remaining provisions within these Special Terms and Conditions shall remain untouched and are still enforceable. In such a case, the parties will be obliged to replace the ineffective term and condition with a valid one that reflects the economic purpose of the ineffective provision.