Terms and Conditions
State: 27. December 2013
- Validity of the terms
- The First Root UG (haftungsbeschränkt) - hereinafter called provider - provides its services to its contractual partners - hereinafter called customer - purely on the basis of these terms and conditions.
- Different terms of service, which the customer want to use, have to be accepted by the provider in a written document.
- Offers are subject to change.
- These terms of service also apply to future contracts between the provider and customer.
- The provider is entitled to change these terms and conditions by giving an appropriate announcement period. Consent to this amendment shall be deemed to have been granted by the customer if the latter does not object within the time limit set in the announcement.
- Additional agreements or assurances by employees or agents of the provider, who go beyond the content of the respective contract including these terms and conditions, shall be agreed in writing.
- The scope for each service results from the relevant service description at the time of ordering the service.
- The provider is bound to offers until the expiration of four weeks after the customer receipt the offer. An agreement is always reached only with appropriate acceptance by the provider or the creation of the user account. Information on the website of the provider does not consitute offers, they are merely invitations to tender by the customer.
- The provider can allow indivudual parts of the performance or overall performance provided by third parties, unless the parties have agreed otherwise.
- The provider use services from third-party companies to perform its services, such as infrastructure providers for the delivery of transmission. The customer is therefore aware that the provider has no effect on the proper technical performance of these partners, so that the performance of the provider is subject to the proper delivery of transmission capacity. The provider bears no responsibility for any failrure due to the interruption of services through its partners, where such interruption is not responsible trough the provider. This is especially true in case of failures due to force majeure, industrial action, administrative or judical procedures, technical changes in prices, if these are reasonable, as well as maintenance and adaption of transmission capacity. The foregoing also applies to the failure of the power supply.
- The delivery of proprietary software is solely for the license terms of the manufacturer, which the provider is also available in advance.
- Customer obligations
- The customer confirms with his signature or by submitting an online form to order, that all provided personal information are true. He also have to notify the provider within 7 days about any changes.
- The customer is obligated to pay the agreed fees to the deadline in accordance with the applicable general rate schedule, in conjunction with the customer regardless of individual price list. For each dishonored or returned direct debit, the customer must reimburse the provider the costs incurred. In case of delayed payment the provider is authorized to suspend the customers services. The payment obligation and contract period stays unaffected.
- For the content of its pages the customer alone is responsible. The customer exempts the provider in matters which are based on content or technical problems.
- Providing illegal content is prohibited.
- The following services are prohibited:
- P2P-Filesharing and congeneric services
- Open Resolver
- BitCoin-Clients and congeneric services (for virtual servers)
- The customer expressly assures, that the provision and publication of any content submitted by him violates against German nor against the national law according to him, especially copyright, data protection and competition law. The provider reserves the right to exclude content from storing on the server when the content appear questionable.
- The customer is required to establish and manage their server so that the security, integrity and availability of the network, other servers, and software and third-party data or the provider will not be endangered.
- Threatened a customer using its server security, integrity or availability of networks, other servers, and software and data from third parties, or the provider, or customer is the basis of objective circumstances in such a suspicion, the provider has the right to terminate your access to the server or stop the threatened service temporarily. This is particularly true for so-called denial of service attacks (DoS), the customer carries on his server, and also in the event that the customer is not responsible for the harmful act or the state, for example if the customer‘s server is being manipulated and used by third parties. An intentional act of the Customer to the Provider an immediate termination of the contract without prior warning.
- If the customer sends spam mails over his server, the provider can also terminate your access to the server temporarily.
- The customer commits itself to make backups of his current data. The provider is not responsible for the backup of customer data.
- Contract period, contract termination
- For contracts without a contract period the contract can by terminated by both parties with a contract termination period of one month.
- For contracts with a contract period the contract can be terminated within the end of the minimum contract period. The termination notice must go to the receiver in the contract deadline.
- Liability limitation
The provider is only liable for damage caused by him intentionally or through gross negligence.
- Severability clause
If a term of this Agreement is invalid in whole or in part or lose their legal effect later, then thereby the validity of the remaining terms will not be affected.The invalid term shall apply by adaption to another suitable regulation, which economically comes closest to what the contracting parties would have, if the invalidity of the term would have known.
- +49 211.41741223
- Opening hours Mo.- Fr. 09:00 - 18:00 CE(S)T
- First Root UG (haftungsbeschränkt)
- In der Steele 35
- 40599 Düsseldorf