Privacy Policy

In general:

The following Terms and Conditions apply to all orders based on relevance and scope and in the order of precedence set forth below:

Contractual orders according to service descriptions
Special terms and conditions for Comunicazion.eu customers

TERMS AND CONDITIONS
1) GENERAL – SCOPE OF APPLICATION
1.1 The following Terms and Conditions apply to all business relationships between the Client and Comunicazion.eu, also hereinafter referred to as “we / us”. These Terms and Conditions are an integral part of all contracts with the Client. These Terms and Conditions also apply to future services and offers, even if Customer does not separately re-accept them.

1.2.The terms and conditions of our customers or third parties are not applicable and do not form part of the contract, even if we do not separately object to their application in individual cases.

1.3 We expressly reserve the right to make changes to our Terms and Conditions, Policies and System Pricing by giving prior notice to the Customer via their customer account or using the email address the Customer enters in their contact information.

1.4.The conditions and policies listed in the preamble apply in the order of precedence listed above.

1.5.Our employees and third parties commissioned by them are not authorized to make verbal agreements or provide verbal guarantees or commitments to the Client.

1.6. If the domains are the object of this contract, the corresponding terms and conditions also apply, which are available at: General Privacy Policy / Legal Notice

2) CONCLUSION, DURATION AND TERMINATION OF THE CONTRACT.
2.1.The contract is concluded when the Customer submits his order and we accept his order in accordance with the provisions of point 2.4 of these Terms and Conditions.

2.2.Our offers are subject to change and are not binding. We reserve the right to make technical and other changes within the scope of what is reasonable.

2.3.The Client declares that the data he provided in his client account is correct and complete and will notify us of any change in this regard in writing within a period not exceeding 14 days. The Client is required to provide evidence of the accuracy of the data upon request.

2.4.The Customer enters into a binding contract by placing the order and by accepting these Terms and Conditions. We have the right to accept or reject the contract on the Customer’s order within a period of 5 business days after receiving the order. By simply confirming that we have received the Customer’s order, we are not obliged to accept your order and the contract it contains.

2.5.Contracts are concluded for an unlimited period of time unless otherwise agreed.

2.6.Either party can terminate the contract with a notice of 30 days until the end of the month, without specifying any reason. Different notice periods may apply to Customers depending on the description of the relevant services. Notice of termination can be given in text form by letter, fax, email, or at the Customer’s expense on our secure customer interface.

2.7.Furthermore, we reserve the right to terminate the contractual relationship without notice for good cause. Good cause is considered to exist, among other reasons, if the Customer fails to meet its payment obligations or violates other important customer obligations. Another important reason that may result in us blocking or terminating Customer’s services or account without notice is if Customer uses content that disrupts regular operational behavior or the security of our infrastructure or product, or violates paragraphs 8.1. – 8.3. of these Terms and Conditions.

2.8.If the Client intends to transfer his contractual rights and obligations to a third party, then our consent is required for this purpose. The Client must make his transfer request in writing. We are obliged to verify the legitimacy of the assignor and the identity of the third party.

3) SCOPE OF SERVICES.
3.1.The scope of the contractual service is based on the description of the product that is valid at the time of the Customer’s order and the written agreements resulting from it. We reserve the right, after prior notice, to discontinue the services we offer free of charge or to introduce fees for these services.

3.2.If the subject of the contractual relationship is domain name registration, we are only obliged to arrange the desired domain registration. We do not accept responsibility or guarantee that the domain registration authorities actually assign the domain name that the Client requests in his order. You are only entitled to assume that the domain name will actually be assigned to you after we have confirmed the assignment. We have no influence on domain assignment.

3.3.We are committed to making economically reasonable efforts to achieve an annual average network availability of 99.9% in our data centers.

3.4. Restrictions apply as described in: General Privacy Policy / Legal Notice

3.5.If the service includes the assignment of an IP address, we do not perform a blacklist check of this IP address and the Customer is not entitled to a specific IP address. We reserve the right to change Customer’s assigned IP address when necessary with prior written notice.

3.6.If we offer technical support services that go beyond the service description, we bill them separately.

4) PAYMENT CONDITIONS AND LATE PAYMENTS
4.1. We will invoice the Client for any contractually binding services using the updated prices visible on www.comunicazion.eu, plus the legal value added tax. If the service is for shipped products, the price includes shipping and packaging costs from the specified storage location.

4.2.Depending on the contractual agreement, we process monthly, quarterly or annual invoices using the agreed means of payment. The Client is obliged to comply with the terms and conditions of the payment service that he uses to pay his invoice.

4.3.If we allow the Customer to make a late payment, we retain the right, even without a reminder, to charge interest for the late payment from the due date. The amount is determined in accordance with paragraph § 288 of the German Civil Code ( BGB ).

4.4.The Client is obliged to pay all fees and taxes incurred through the use of the service or by the third parties designated by the Client. Billing is free exclusively in electronic format. There are corresponding fees for postal delivery.

4.5.The Client is obliged to comply with any applicable export and import control regulations, in particular the regulations of the United States, as well as all other relevant regulations.

5) RIGHTS AND DUTIES OF THE ADMINISTRATOR / DATA SECURITY
5.1.The Client has full and unique administrator rights for all cloud and root server service products (contracted for this purpose). Customer is responsible for managing and insuring these products at Customer’s own cost and risk.

5.2.The Client, when using our services, is obliged to configure and manage its servers in such a way that it does not compromise the integrity and availability of third-party networks, servers and data. In particular, it is strictly prohibited to use the servers for (d)DOS attacks or to execute open mail relays or other systems that are capable of performing these actions. If the Client violates this agreement, we reserve the right, without prior notice, to block the server and terminate the contract without prior notice.

5.3.For managed server products and services, we grant Customer only basic usage rights. We monitor these servers 24 hours a day for service interruptions and provide free customer support for simple services. For longer services lasting 15 minutes or more, we charge a flat service fee which is subject to prior agreement with the Customer.

5.4.The Client is obliged to use the services provided properly and to refrain from abusive and illegal actions.

5.5.The Customer is responsible for making regular backup copies (backup copies) of its data; backup copies must be stored off the server provided by us. If you transmit data to us on the Client’s servers, the Client is obliged to make regular backup copies of the data. The customer is obliged to carry out a complete data backup before any changes made by him on his own behalf or on behalf of a third party. However, if there is a data loss, the Customer is obliged to transfer the relevant data files to us again free of charge or to restore the data themselves.

6) DATA PROTECTION
6.1.Data processing is done in accordance with GDPR. Consult our privacy policy for more information, which is available at: General Privacy Policy / Legal Notice

6.2.If the Customer also wishes to process personal data of third parties with our services, only the Customer remains the responsible party within the meaning of data protection law. We only process personal data as an order processor pursuant to art. 28 GDPR if the Customer concludes a contract to process orders with us. This contract to process orders is not automatically concluded. We may offer the Customer the opportunity to enter into a contract to process orders through the Customer’s account, if necessary, which is supplemented by EU standard contractual clauses, if the Customer orders products located in a third country.

6.3.We hereby advise the Client that we generally cannot determine whether the Client is processing personal data. Therefore, the Client is obliged to provide us with the necessary information, in particular whether the personal data of third parties is processed, for what purpose this data is processed and which categories the personal data and data subjects will be assigned. In the absence of a contract for order processing with the necessary information of the Client, we assume that the Client is not processing personal data of third parties using our services, therefore we will not take any action in accordance with the data protection law.

6.4.We hereby advise the Customer that, given the current state of technology, there is still no all-encompassing form of protection for data transmission on the Internet. The Customer is responsible for the security of all data stored in any of its products.

7) USE BY THIRD PARTIES
7.1.The Client has the right to grant third parties a contractual term of use for any service that the Client orders from comunicazion.eu. In this case, the Customer remains the sole contractual partner. The Client remains solely and fully responsible for compliance with the contractual agreements between us and the Client.

7.2.If the Client transfers the rights of users to its Comunicazion.eu services to a third party, the Client is obliged at the time of the transfer to ensure that all legal and contractual provisions are followed. This is true for any changes that require the cooperation of the third party.

7.3.If the third party violates contractual obligations or fails to comply with the obligation to cooperate, if the data provided by the third party is incorrect or incomplete, or if other problems arise with the granting of user rights to third parties, the Customer bears the full liability for all resulting damages and further indemnifies us from all claims made against us by the third party or others.

8) USE OF THE SERVICES / CONTENT.
8.1.The Client is obliged to verify and comply with the legal provisions derived from the use of the contractually agreed services, in particular the Telecommunications Law, the Telemedia Law, as well as national and international industrial and intellectual property rights, rights personal information and the requirements of competition and data protection laws themselves. The Customer indemnifies us against all third-party claims arising from breaches of these obligations.

8.2.The Client is obliged not to publish any content that infringes the rights of third parties or that violates the applicable law. This includes in particular, but is not limited to pornographic or obscene material, extremist content or content that offends common decency, gambling, material that could seriously endanger the morals of children or young people or violate the rights of third parties (rights copyright, name rights, trademark rights and data protection rights). This also includes the posting of defamatory content, insults or belittling of individuals or groups of individuals.

8.3.The transmission of spam is prohibited. This includes in particular the sending of unauthorized and unsolicited advertising to third parties. When sending email, it is also prohibited to provide false sender details or otherwise disguise the sender’s identity. The operation of mining cryptocurrency applications remains prohibited. These include, but are not limited to, mining, farming, and cryptocurrency plotting. We have the right to block Customer access to their Comunicazion.eu services or accounts in case of non-compliance.

8.4.If we become aware of illegal activities, we are obliged under § 10 Telemedia Act (TMG) to request that the Client immediately remove the offending content and are entitled to block the Client’s access to his services or Comunicazion.eu account. .

9) RESPONSIBILITY
9.1.The Client uses the services of Comunicazion.eu at his own risk. We are liable for consequential damages in case of intent or gross negligence, but not for loss of profit. We are liable for culpable breaches not due to gross negligence or intent for the foreseeable damage typical of this type of contract, up to a maximum of 100% of Customer’s monthly product rental price.

9.2.If the Client violates the content obligations mentioned in Section 8 of these Terms and Conditions, in particular with regard to legal prohibitions and violations of decency, the Client is liable to us for compensation for all direct or indirect damages derived from this, including financial losses. In addition, the Client is obligated to indemnify us for third-party claims, regardless of the legal basis, arising from the Client or its designated third parties. The indemnification obligation also includes all legal defense costs incurred.

10) WARRANTY
If the service consists of goods delivered by post, a limitation period of 12 months after delivery applies to defect claims. If the service consists of the delivery of used goods, we are not responsible for any defect. The statutory limitation period also applies to claims for damages in case of intentional and gross negligence, as well as in case of injuries to life, limb and health resulting from an intentional or negligent breach of duty by user part.

11) RIGHT OF RETENTION
The Client grants us a lien on the equipment installed by the Client or by third parties in the data center to protect any outstanding debt arising from the contractual relationship. We have the right to enforce the lien after informing the client of its outstanding debts if the Client does not settle all outstanding debts within 10 business days after receiving the notice of sale. Any surplus generated by the sale is paid to the Customer.

12) CANCELLATION POLICY

12.1. The Client has the right to cancel this contract within fourteen days of its conclusion without giving any reason. In order to exercise his right to cancel this contract, the Client must notify us at Comunicazion.eu, email: [email protected] by means of an unequivocal statement (for example, a letter sent by post, fax, email or via the Client’s account in our secure online administration interface) of his decision to cancel this contract. The Client is free to use the cancellation template for this purpose, although it is not obligatory. In order to comply with the cancellation requirements, it is sufficient for the Client to send a clear notification that he wishes to exercise his right of cancellation before the cancellation deadline. Previously, all services on storageshare.cloud, can be cancelled upon their paid renewal by the Client himself from his user panel, prior to the renewal date.

12.2. Cancellation procedure If the Customer cancels this contract, we will refund* immediately or, at the latest, within fourteen days from the date on which we receive notification of cancellation of this contract, all payments we have received from the Customer, including shipping costs (with the exception of additional charges resulting from the Customer’s choice of a type of shipping other than our low-cost standard shipping). This refund will be made using the same means of payment that the Customer used in the original transaction, unless we mutually agree otherwise. Under no circumstances will the Customer be charged any fees for this refund.

If the cancelled item is a service that has already been started at the time of cancellation, we will invoice the Customer for the corresponding prorated amount.

*FTP services are excluded, for which the amounts prorated for the days used (full days) will always be refunded. Likewise, any services contracted annually will be counted as used, the full months (even if cancelled before the end of the month) and these will be prorated. Promotions that customers have benefited from will not be refunded.

12.3. Our cancellation form is available at: Comunicazion.eu

13) DISPUTE RESOLUTION PROCEDURE
The EU Commission provides a platform for online out-of-court dispute resolution (ODR Platform), which is available at https://ec.europa.eu/consumers/odr. We are not willing or obliged to participate in a dispute resolution procedure before a consumer arbitration board.

14) FINAL PROVISIONS AND INDEMNIFICATION CLAUSE
14.1.These Terms and Conditions and the contractual relationship between us and the Customer are governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods and international private law.

14.2 The international and exclusive place of jurisdiction for all disputes arising from this contractual relationship is our registered office in Gunzenhausen. However, we are entitled in all cases to initiate legal proceedings at the Customer’s place of business. Subordinate legal provisions, in particular on exclusive jurisdiction, remain unaffected.

14.3 If any provision is or becomes invalid or unenforceable in whole or in part, this has no effect on the validity of the remaining provisions. The same applies if and to the extent that an omission in this contract is disclosed. Instead of the invalid or unenforceable provision, an appropriate provision shall apply which, to the extent legally possible, corresponds to the meaning and purpose of the invalid or unenforceable provision or to the alleged intention of the parties, as if they had considered this point.

Version 2.0.0 / Last update October 27, 2021

SPECIAL TERMS AND CONDITIONS FOR Comunicazion.eu ONLINE GMBH SERVICES IN THE UNITED STATES OF AMERICA ( ONLY APPLICABLE TO ALL CLIENTS LOCATED IN THE UNITED STATES OF AMERICA )
1). THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY APPLY TO YOU IN ADDITION TO THE TERMS AND CONDITIONS OF Comunicazion.eu ONLINE GMBH. READ CAREFULLY. BY PLACING AN ORDER FOR SERVICES FROM Comunicazion.eu ONLINE GMBH IN THE UNITED STATES OF AMERICA, YOU ACCEPT AND ARE BOUND BY THESE SPECIAL TERMS AND CONDITIONS. YOU MAY NOT ORDER OR OBTAIN SERVICES FROM Comunicazion.eu ONLINE GMBH IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE UNDER 18 YEARS OF AGE OR (I) ARE UNDER THE LEGAL AGE TO FORM A LINKS CONTRACT WITH Comunicazion. eu ONLINE GMBH OR ( C ) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THE CONTENT OR SERVICES ON THIS WEBSITE BY APPLICABLE LAW. SHOULD ANY OF THESE SPECIAL TERMS AND CONDITIONS CONTRADICT THE TERMS IN THE PRESENT TERMS AND CONDITIONS, THESE SPECIAL TERMS AND CONDITIONS TAKE PRECEDENCE AND ARE APPLICABLE OVER ANY OTHER TERMS AND CONDITIONS OF Comunicazion.eu ONLINE GMBH.
These Special Terms and Conditions (“Terms”) apply to the purchase and sale of services (“our Services”) through Comunicazion.eu (the “Site”) in the United States of America (the “USA. ” ) in addition to the general TERMS AND CONDITIONS. See: General Privacy Policy / Legal Notice

These Terms are subject to change by Comunicazion.eu (referred to as “we”, “us” or “our” as the context may require) upon prior written notice at any time and at our sole discretion. The latest version of these Terms will be posted on the Site, and you should review these Terms before purchasing any services that are available through the Site.

Your continued use of the Site following a posted change to these Terms will constitute your acceptance and agreement to such changes. If you do not agree to be bound by these Terms as last revised, do not use (or continue to use) the Site or the Services.

In addition, we may terminate your use of the Services if you violate or breach any of these Terms.

WE RESERVE THE RIGHT TO MODIFY, CHANGE OR DISCONTINUE THE SITE OR THE SERVICES AT ANY TIME, INCLUDING WITHOUT LIMITATION, OUR PRICES AND FEES FOR THE SITE AND THE SERVICES.

If you order or obtain services on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “Customer” shall refer to said corporate entity.

If, after your electronic acceptance of this Agreement, we find that you do not have the legal authority to bind such corporate entity, you will be personally liable for the obligations contained in this Agreement, including, without limitation, payment obligations.

We will not be liable for any loss or damage resulting from our reliance on any instruction, notice, document or communication reasonably believed by us to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt as to the authenticity of any such instruction, notice, document or communication, we reserve the right (but do not assume any duty) to require additional authentication from you.

You further agree to be bound by these Terms for transactions made by you, any person acting as your agent, and any person using your account or the Services, whether or not authorized by you.

You should also carefully review our Privacy Policy before placing an order for Services through the Site (see: General Privacy Policy / Legal Notice).

2). ACCEPTANCE AND CANCELLATION OF THE ORDER.
Our offers are subject to change. You agree that your order is a legally binding contract and that you agree to these Terms with respect to all Services listed in your order. All orders must be accepted by us or we will not be obligated to provide the Services to you. We may, at our sole discretion, choose not to accept any order. After receiving your order, we will send you an immediate confirmation email confirming receipt of your order. The confirmation email is not an acceptance of the order and is not contractually binding. We have the right to accept the order within five (5) business days of receiving your order. When we accept your order, we will send you an email with your order number and details of the items you have ordered. We will not be legally required to process your order and will be legally bound by the terms of this Agreement until we have sent your email. order acceptance email. We may choose to combine the order confirmation email and order acceptance email into one email.

3). PRICES AND PAYMENT TERMS.
(a) We expressly reserve the right to make price changes upon prior written notice to you through your customer account or by using the email address you enter in your contact information.

We are not responsible for pricing, typographical or other errors in any of our offers, and we reserve the right to cancel any order arising from such errors.

(b) Payment terms are at our sole discretion. Depending on the contractual agreement, we process monthly, quarterly or annual invoices using the agreed means of payment. The Client is obliged to comply with the terms and conditions of the payment service that he uses to pay his invoice.

You represent and warrant that
(i) the payment information you provide to us is true, correct and complete,
(ii) you are duly authorized to use said payment method for the purchase,
(iii) you or your payment provider will honor charges you incur, and
(iv) you will pay the charges you incur at the published prices, including all applicable taxes, if applicable.

4). PUBLISHED CONTENT.
We are not obligated to review your content. It is your responsibility to identify the content as your own or external content. You may not post content that may violate the rights of others or violate US federal or state law. You may not post content that may violate the rights of, or insult or denigrate, individuals or groups of people .

You are not allowed to post any content that infringes the rights of third parties or violates the law. This includes, in particular, but is not limited to pornographic or obscene material, extremist content or content that offends common decency, gambling, and material that could seriously endanger the morals of children or young people; This also includes the posting of defamatory content, insults or belittling of individuals or groups of individuals. In addition, the operation of applications for mining cryptocurrencies is prohibited. This includes, but is not limited to, mining, farming, and cryptocurrency plotting.

In the event of a breach, we have the right to block your access to the Service and/or your account.

5). THIRD PARTY USE RIGHTS.
You have the right to allow third parties to use the services we provide. You remain our sole contractual partner and you are fully responsible for any violation of our General Terms and Conditions, Special Terms and Conditions, and all contractual obligations arising from the use of the third party to which you have granted access to the Service.

If you transfer the user rights to your Comunicazion.eu Services to a third party, you are obliged at the time of the transfer to ensure that all legal and contractual provisions are followed. This is true for any changes that require the cooperation of the third party.

If other issues arise from granting user rights to a third party, you will be fully responsible for all damages resulting therefrom, and you will indemnify us against all claims made against us by the third party or others.

6). BACKUP COPIES AND LOSS OF DATA.
YOU ACKNOWLEDGE THAT YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE SECURITY, PROTECTION AND INTEGRITY OF YOUR CONTENT.

You are responsible for making regular backups (“back-ups”) of your data; backup copies must be stored off the server provided by us. If data is transmitted to us on its servers, you are obliged to make regular backup copies of the data. You are required to perform a full data backup prior to any changes you make on your own behalf or on behalf of a third party. However, if there is a data loss, you are obliged to transfer the relevant data files to us again free of charge or to restore the data yourself.

7). CONTRACT DURATION AND TERMINATION.
Contracts will continue and automatically renew until terminated by either party.

8). NO SPAM; LIQUIDATION DAMAGES.
( a ) No spam. We do not tolerate the transmission of spam. If we determine that there is a problem with spam, we will take the appropriate steps to resolve the situation.

We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE), or Unsolicited Facsimile (Fax), which is email or fax sent to recipients as an advertisement or otherwise, without first obtain confirmed prior consent to receive these communications.

We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must not only comply with all applicable laws and regulations, including the CAN-SPAM Act of 2003 and the Telephone Consumer Protection Act, but you must also comply with the above no-spam policy.

If we determine that the account, products or services in question are being used in association with spam, we may suspend or terminate any account, website hosting, domain registration, email boxes, or other applicable products or services. In such event, and at our sole discretion, we may require you to respond to us via email stating that you will stop spamming and/or that spam will be spammed on your behalf. We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by email to

[email protected]

(b) Termination of Service for Spam Violations.

You agree that we may immediately terminate any account that we believe, in our sole and absolute discretion, to be transmitting or in connection with any spam or other unsolicited bulk email.

9). USE AND OWNERSHIP OF INTELLECTUAL PROPERTY.
You acknowledge and agree that:

(a) You will comply with all the terms and conditions of the license agreement specific to any product or service you obtain through the Site, including, without limitation, all obligations of confidentiality and restrictions on resale, use, reverse engineering, copying, manufacture, modification, enhancement, sublicense and transfer of those licensed products and services.

(b) You will not cause, induce, or permit others to fail to comply with the terms and conditions of any of these product and service license agreements.

(c) We and our licensor(s) are and shall remain the sole and exclusive owners of all intellectual property rights ( ) in and to each product and service available on the Site and any related specifications, instructions, documentation or other materials , including, without limitation, all related copyright, patent and trademark and other intellectual property rights, subject only to the limited license granted under the product or service license agreement. You do not have and will not have or will acquire any ownership of these intellectual property rights in the products or services available through the Site, or of any intellectual property rights related to those products or services.

10). PRIVACY.
Our privacy policy: General Privacy Policy / Legal Notice, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site. Your data is, and at all times will remain, your exclusive property. We will not use or disclose your data except as materially required to perform our services or as required by law.

If you wish to process personal data of third parties using our services, you remain the only responsible party in terms of data protection law.

eleven). ASSIGNMENT.
You will not assign any of your rights or delegate any of your obligations under these Terms and other contractual rights and obligations without our prior written consent. Any purported assignment or delegation in violation of section 5 of this Agreement is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. A valid assignment and delegation must include the signature of the assignee/assignor and delegate/delegate.

12). NO WAIVERS.
Our failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of us.

13). NO THIRD PARTY BENEFICIARIES / NO TORT RELATIONS.
These Terms are not intended to confer any rights or remedies on any person other than you. The parties shall be deemed independent contractors and nothing in these Special Terms and Conditions is intended to or creates any type of joint venture, creditor-debtor, escrow, partnership, or any employer/employee or fiduciary or franchise relationship between you and us (or any of our affiliates).

14). NOTICES.
(a) For you. We may send you any notice under these Terms by:
(i) by sending a message to the email address you provide or
(ii) posting notices on the Site.
Notices we provide by email will be effective when we send the email, and notices we provide by posting on the Site will be effective upon posting. It is your responsibility to keep your email address up to date. We do not assume any responsibility or liability for failure to receive email notification if such failure results from an inaccurate email address.

(b) For us. To notify us under these Terms, you must contact us as follows:
(i) by email: [email protected]
We may update our fax number or mailing address by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by fax transmission or overnight courier will be effective one business day after they are sent. Notices provided by certified or registered mail will be effective three business days after they are sent.

15. LINKS TO THIRD PARTY WEBSITES.
The Site and our Services may contain links to third party websites that are not owned or controlled by us. We are not responsible for the content, terms and conditions, privacy policies or practices of third party websites. In addition, we do not censor or edit the content of third party websites. By using the Site or our Services, you expressly release us from any liability arising from your use of any third party website. Accordingly, we encourage you to be aware when you leave our Site or the Services found on our Site and to review the terms and conditions, privacy policies, and other governing documents of each website you may visit.

SIXTEEN. CLAIMER OF REPRESENTATION AND WARRANTIES.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES SHALL BE AT YOUR SOLE RISK AND THAT THE SITE AND OUR SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ULAR Y NO INFRINGEMENT. WE, OUR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THE SITE, (II) THE ACCURACY, COMPLETENESS OR CONTENT OF ANY LINKED SITE (VIA HIPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE SITE, AND/OR (III) OUR SERVICES OR ANY SITE LINKED (VIA HYPERLINKS,BANNER ADVERTISING OR OTHERWISE) TO THE SITE, AND WE ASSUME NO RESPONSIBILITY OR LIABILITY THEREOF.

FURTHER, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE IS GIVEN BY US, OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION OUR CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND PROVIDERS OF THIRD PARTY SERVICES SHALL CONSTITUTE LEGAL OR FINANCIAL ADVICE OR CREATE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THE SITE OR OUR SERVICES, AND YOU SHOULD NOT RELY ON ANY INFORMATION OR ADVICE.

THE FOREIGN EXCELLENT REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THE SITE OR OUR SERVICES.

17). LIMITATION OF LIABILITY.
IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ENDO ANY WHICH MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS OR CONTENT OF THE SITE; (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITE LINKED (VIA HYPERLINKS, PANADERA ADVERTISING OR OTHERWISE) TO THE SITE; (III) OUR SERVICES OR ANY SITE LINKED (VIA HIPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE SITE; (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE, (V) CONDUCT OF ANY THIRD PARTY OF ANY NATURE; (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY CONTENT, PERSONAL INFORMATION, FINANCIAL OR OTHER INFORMATION AND DATA THEREIN; (VII) ANY INTERRUPTION OR ASSIGNMENT OF SERVICES TO OR FROM THE SITE OR ANY LINKED SITE (VIA HIPERLINKS) , BANNER ADVERTISING OR OTHERWISE) TO THE SITE, (FUNTS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO THE SITE OR FROM ANY SITE LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE SITE; (IX) ANY CONTENT OR USER CONTENT THAT IS DEFAMOUS, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED KIND, IS PORNOGRAPHIC, “X-RATED”, OBSCESS OR OTHERWISE KNOWN; AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SITE OR OUR SERVICES, BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.(VIII) ANY VIRUSES , WORLDS, ERRORS, TROJAN HORSES, OR THE LIKEWISE, WHICH MAY BE TRANSMITTED FROM THE SITE OR ANY SITE LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE SITE; (IX) ANY CONTENT OR USER CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMUL TO MINORS OR ANY KIND PROTECTED, PORNOGATED, OBSCENE OR OTHERWISE TARGETED; AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SITE OR OUR SERVICES, BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (VIII) ANY VIRUSES, WORLDS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED FROM THE SITE OR ANY LINKED SITE (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE SITE; (IX) ANY CONTENT OR USER CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMUL TO MINORS OR ANY KIND PROTECTED, PORNOGATED, OBSCENE OR OTHERWISE TARGETED; AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SITE OR OUR SERVICES, BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, IS PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE; AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SITE OR OUR SERVICES, BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, IS PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE; AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SITE OR OUR SERVICES, BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU FURTHER SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED 100% OF THE MONTHLY FEE FOR THE SERVICE PROVIDED TO YOU.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THE SITE OR OUR SERVICES.

19). USA EXPORT LAWS.
The services we provide in the US are subject to the export laws, restrictions, regulations, and administrative acts of the United States Department of Commerce, Department of the Treasury Office of Foreign Assets Control (“OFAC”), Department of State and other United States authorities (collectively, “US Export Laws”). You will not use our Services to collect, store, or transmit technical information or data controlled by US export laws. You shall not export or re-export, or permit the export or re-export of, our Services in violation of any US export laws. None of our Services may be downloaded or exported or re-exported (i) into (or a national or resident thereof) in any country with which the United States has embargoed trade; or (ii) to any person on the US Department of the Treasury’s list of specially designated nationals or the US Department of Commerce’s Denied Persons list, or any other list of denied parties under US Laws from exportation. By using the Site and our Services, you agree to disclaim, represent and warrant that you are not a national or resident of, located in or under the control of, any restricted country; and is not on any denied party list; and you agree to comply with all US export laws (including “anti-boycott”, “deemed export”, and “deemed re-export regulations”). If you access the Site or our Services from other countries or jurisdictions, you do so at your own initiative and are responsible for compliance with the local laws of that jurisdiction, if and to the extent that those local laws are applicable and do not conflict with the USA Export Laws. If such laws conflict with US export laws, you must not access the Site or use our Services. The obligations under this section will survive any termination or expiration of these Terms or your use of the Site or our Services.

twenty). AVAILABILITY OF WEBSITES AND SERVICES.
Subject to these Terms and our other policies and procedures, we will use commercially reasonable efforts to attempt to provide the Site and our Services twenty-four (24) hours a day, seven (7) days a week. You acknowledge and agree that from time to time the Site and our Services may be inaccessible or inoperable for any reason, including, without limitation, equipment malfunction; periodic maintenance, repairs or replacements that we perform from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable, including, without limitation, interruption or failure of telecommunications or digital transmission links, hostile network attacks, network congestion, or other failures. You acknowledge and agree that you will not we have control over the availability of the Site or Services on a continuous or uninterrupted basis, and that we assume no liability to you or any other party in respect of this.

twenty-one). FORCE MAJEURE.
We will not be liable to you, nor will you be deemed to have breached or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, floods, fires, earthquakes, explosions, government actions, wars, invasions or hostilities (whether war is declared or not), terrorist threats or acts, riots or other civil disturbances, national emergencies, revolutions, insurrections, epidemics, lockouts, strikes or other labor disputes (whether or not related to our workforce), or restrictions or delays affecting carriers or inability or delays in obtaining supplies of adequate materials or failures, material defects, telecommunications failures, or power outages.

22). APPLICABLE LAW AND JURISDICTION.
All matters arising out of or related to these Terms and the contractual relationship are governed by and construed in accordance with German law without giving effect to any choice or conflict of law provision or rule that would cause the application of the law of any jurisdiction – , including international jurisdiction, other than German law. The place of jurisdiction for all disputes arising from the contractual relationship is our registered office in Gunzenhausen, Germany. However, we are entitled in all cases to take legal action at your place of business. The legal provisions in force, in particular the exclusive jurisdiction, remain unaffected.

23). DISPUTE RESOLUTION AND BINDING ARBITRATION.
(a) IN THE EVENT SECTION 22 IS NOT APPLICABLE BY LAW, THE FOLLOWING RULES SHALL APPLY.

(b) YOU AND WE AGREE TO WAIVE ANY RIGHT TO LITIGATE CLAIMS IN COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF OUT OF COURT MAY ALSO BE UNAVAILABLE OR LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (IN CONTRACT, TORT OR OTHERWISE, PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US THAT MISS OR RELATED IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE IS RESOLVED EXCLUSIVELY AND CONCLUSIVELY BY THE BINDING ARBITRATION.

(c) The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (“AAA Rules”) in effect, except as modified by this section of this Agreement. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator shall have exclusive authority to resolve any dispute relating to the arbitrability and/or enforceability of this arbitration provision, including any challenge of unconscionability or any other challenge that the arbitration provision or the Agreement is null, void, or otherwise invalid. . The arbitrator will have the power to award any relief that is available in the courts under the law or in the estate. Any award of the arbitrator(s) will be final and binding on each party and may be entered as a judgment in any court of competent jurisdiction.

(d) You agree to arbitration on an individual basis. In any dispute, NOR WILL YOU CONTINUE TO JOIN OR CONSOLIDATE CLAIMS OR AGAINST OTHER CLIENTS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

The arbitral tribunal may not consolidate the claims of more than one person and may not otherwise preside over any form of a class or representative proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver, and any challenge to the class arbitration waiver may only be brought in a court of competent jurisdiction.

If any provision of this arbitration agreement is found to be unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will apply.

24). DIVISIBILITY.
If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of any remaining provisions of these Terms.

25). ENTIRE AGREEMENT.
These Terms, any license agreement related to any product or service you obtain on or through the Site, our System Policies, and any domain name registration agreement you obtain on or through the Site shall be deemed the final and integrated Agreement between you and us about the matters contained in these Terms.

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