DeutschTerms of service
I. General Terms and Conditions § 1 Basic Provisions (1) The following terms and conditions apply to contracts that you conclude with us as the provider (Felix Gassan) via the website https://realtoxmedia.de. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby rejected. (2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity. § 2 Registration as a user Registration as a user is required to book and use our services. This is free of charge and does not entail any obligations. During registration, a user account will be set up under your specified email address and the password you have chosen. § 3 Top-up of credit (1) Unless otherwise agreed, top-up of credit is required for booking and/or paying for our Internet services. By placing the offer to top up credit in the customer area (login), we are making you a binding offer to conclude a contract. (2) The contract for topping up credit is concluded via the online order form as follows: You can access the online order form in the customer area (login). In the online order form, select the desired amount and payment method; finally, all data for topping up the credit is displayed here as an order overview. If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the instant payment system provider. If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop. Before submitting the order, you have the opportunity to check all the details again, make changes, or cancel the order. By submitting the order via the corresponding button, you declare your legally binding acceptance of the offer, thereby concluding the contract for the top-up of credit. (3) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automatically. You must therefore ensure that the e-mail address you have provided us with is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters. (4) The service (activation of the ordered credit) will be provided within 2 days of the conclusion of the contract (in the case of agreed advance payment, only after the time of your payment instruction). (5) The credit loaded can only be used for booking and/or paying for our Internet services. After termination of the contract, you are entitled to a refund of the remaining credit. A payout of the credited credit during the contract period is excluded. For consumers, this only applies if the withdrawal period has expired or the right of withdrawal has expired. § 4 Conclusion of the contract (1) We provide you with Internet services, in particular web hosting or server hosting (hereinafter referred to as “web hosting”) and domains. The scope of services is determined by the service package you have booked and the service description specified in the respective offer. By placing the respective service offer on our website, we are already making you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the service description. (2) The contract for the provision of Internet services is concluded via the online shopping cart system as follows: The services you intend to book are configured and placed in the “shopping cart.” You can access the “shopping cart” at any time via the corresponding button in the navigation bar and make changes there. After clicking on the “Checkout” or “Continue to order” button (or similar designation), you will be asked to enter your personal data and payment terms. Finally, all order data is displayed here as an order overview. If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the instant payment system provider. If you are redirected to the respective instant payment system, you will make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop. Before submitting the booking, you have the opportunity to check all the details again, change them (also using the “back” function of your internet browser) or cancel the booking. By submitting the booking via the corresponding button, you declare your legally binding acceptance of the offer, thereby concluding the contract. (3) Your requests for an offer are non-binding for you. We will submit a binding offer to you in text form (e.g., by email), which you can accept within 5 days (unless another period is specified in the respective offer). (4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided us with is correct, that the receipt of emails is technically ensured and, in particular, that it is not prevented by spam filters. § 5 Provision of services for web hosting, obligations (1) Our service obligations are set out in the service description for the respective web hosting offer. Unless otherwise agreed, the service will be provided (activation of the booked service package, transmission of access data) within 2 days of conclusion of the contract (in the case of agreed advance payment, only after the date of your payment instruction). (2) Insofar as we grant you full and sole administrative rights to the servers provided within the scope of web hosting, you are exclusively and solely responsible for the administration and security of your server. You are obliged to install the necessary security software, to keep yourself informed about any security vulnerabilities that become known, and to close them independently. The installation of maintenance programs or other software that we provide or recommend does not release you from this obligation. (3) Insofar as we provide programs, you receive a non-exclusive right to use the programs provided for the duration of the contract. You are obliged to comply with the respective license terms. (4) You are also obliged to set up and manage your server in such a way that the security, integrity, and availability of networks, other servers, software, and third-party data are not compromised. In particular, you are prohibited from using the server to send SPAM emails and (D)DoS attacks or to operate open mail relays and other systems on the server through which SPAM emails and (D)DoS attacks can be distributed. In the event of violations, we reserve the right to disconnect the server from the network without prior notice and to terminate the contract without notice. (5) You are not entitled to have the same IP address assigned to the server for the entire term of the contract. We reserve the right to change this if necessary for technical or legal reasons and to assign you a new IP address in this context. (6) We reserve the right to adapt the hardware and software used to provide the services to the current state of the art and to inform you in good time of any additional requirements this may place on the content you store on our servers. We undertake to make such adjustments only to a reasonable extent and taking your interests into account. (7) We provide our services with an average monthly availability of 99%, unless a different availability is specified in the respective service offering. Downtimes due to regular or sporadic maintenance are included herein. This does not include times when the server cannot be accessed due to technical or other problems beyond our control (force majeure, fault of third parties, etc.). § 6 Domain administration (1) When procuring and/or maintaining domains, we act solely as an intermediary between you and the registration authorities. We are responsible for creating and submitting a fully completed application for registration of your desired domains in accordance with the specifications of the respective registration authority (e.g., Denic eG). We cannot guarantee the transfer, allocation, or continued existence of domains in your favor; the registration conditions of the registration authorities apply in this context. You guarantee that the domain you have applied for or that has already been registered for you does not infringe the rights of third parties. You are also obliged to notify us immediately of any loss of your domain. (2) We are entitled to activate a domain only after payment of the agreed fees. Likewise, after termination of the contract, we may refuse to release the domain until you have fulfilled all payment obligations under the contract towards us. (3) If you do not give clear instructions for the transfer or deletion of the domain upon termination of the contract, we may return the domain to the responsible registry or have it deleted after the end of the contract and the expiry of a reasonable period of time. The same applies if we can refuse to release the domain in accordance with paragraph 2 above. § 7 Further obligations on your part (1) You must inform us immediately of any changes to the data required for the performance of the contract. Passwords and other access data must be kept strictly confidential. (2) You are obliged to design your domain and the content accessible under it in such a way that excessive strain on our servers is avoided, e.g. through scripts that require high computing power or use above-average amounts of memory. We are entitled to exclude you or third parties from accessing websites or servers that do not meet the above requirements. You will be informed immediately of any such measure. (3) You guarantee that your domains and the content accessible under them do not violate any legal regulations or public decency and do not infringe any third-party rights. This applies in particular to the legal regulations on provider identification, copyright, trademark, personal rights, and other property rights, distance selling law, competition law, criminal law, and data protection law. We are not obliged to check your domains and the content accessible under them for possible legal violations. Upon detection of legal violations or inadmissible content, we are entitled to block the content and make the domain in question inaccessible. You will be informed of such measures immediately. You shall indemnify us against all claims arising from a breach of the above obligations for which you are responsible. This also applies to the costs of our necessary legal defense, including all court and attorney fees. (4) Unless otherwise specified in the respective offer, you must create backup copies of all data that you transfer to our servers on separate data carriers. We are not responsible for creating backup copies of data. In the event of data loss, you shall transfer the relevant data to our servers again free of charge. (5) If a specific data transfer volume (traffic) has been agreed, you are obliged to ensure that this traffic is not exceeded. If the specified data volume is exceeded, a flat fee of 3 euros will be charged for each additional TB of traffic. § 8 Dissemination of terrorist content using our services (1) The dissemination of terrorist content using our services is prohibited. (2) Terrorist content within the meaning of Regulation (EU) 2021/784 on combating the dissemination of terrorist content online (TCO Regulation) is one or more of the following materials that contain or cause the following: a) incitement to commit one of the offenses listed in Art. 3(1)(a) to (i) of Directive (EU) 2017/541, if such material directly or indirectly advocates the commission of terrorist offences, e.g. by glorifying terrorist acts, with the associated risk that one or more such acts could be committed; b) the incitement of a person or group of persons to commit or contribute to the commission of any of the offences listed in Article 3(1)(a) to (i) of Directive (EU) 2017/541; c) the designation of a person or group of persons to participate in the activities of a terrorist organization within the meaning of Article 4(b) of Directive (EU) 2017/541; d) instructing in the manufacture or use of explosives, firearms, or other weapons or harmful or dangerous substances, or instructing in other specific methods or procedures with the aim of committing or contributing to the commission of any of the terrorist offenses listed in Article 3(1)(a) to (i) of Directive (EU) 2017/541; e) a threat to commit any of the offences listed in Article 3(1)(a) to (i) of Directive (EU) 2017/541. (3) In order to detect terrorist content and take action against the public dissemination of such content using our services, we apply the following procedure: 1. Information about suspicious or prohibited content that is publicly disseminated using our services is communicated to us via the reporting system set up for this purpose. The report is sent electronically to the contact point specified in the legal notice. 2. In the case of a removal order from the competent authority, we will implement it within one hour of receiving the removal order at the latest, provided that the order does not contain any obvious errors or insufficient information. We will then immediately inform the competent authority and you of the measures we have taken to implement the removal order. 3. If it is not a removal order from the competent authority, we will check the content in question to determine whether it constitutes public dissemination of terrorist content using our services. To this end, we may use automated means. 4. In the event of public dissemination of terrorist content, we will take measures to prevent its dissemination as quickly as possible. To this end, we have the following measures at our disposal, which we will apply at our own discretion and with due care: - Hiding or removing content, - Deactivating functions of our service, - Blocking your customer account, - Preventing you from accessing our services. 5. We will immediately inform the competent authority and you of the measures we have taken against the dissemination of terrorist content. (4) You have the option of lodging a complaint against the measures we have taken against you and requesting the restoration of removed or blocked content. The complaint must be made within one month of receiving the information in accordance with paragraph 3 no. 5. The complaint must be justified and sent by email to the contact point specified in the legal notice. We will then review the complaint and inform you of the result of our review within two weeks of receiving the complaint. If, after reviewing the complaint, it turns out that the measures we have taken are unlawful, we will revoke the measures and restore the content in question. If, after reviewing the complaint, it turns out that the measures we have taken are lawful, we will inform you of this and provide you with the reasons for this decision. § 9 Moderation of content (1) The publication of illegal content using our services is prohibited. (2) We reserve the right to take action against you if illegal content is published or otherwise made accessible via your domain (hereinafter referred to as “moderation”). You are solely responsible for illegal content published or made accessible via your domain. (3) Illegal content includes, in particular, content that - violates applicable copyright, trademark, and competition law regulations, - constitutes a criminal offense or administrative offense when published, - that violate applicable data protection regulations or the obligation to identify the provider, - that are racist, discriminatory, offensive, or glorify violence, or otherwise violate personal rights or other fundamental rights, - that are harmful to minors or glorify violence. (4) In order to identify illegal content and take action against the public dissemination of such content using our services, we apply the following procedure: 1. Users of your domain and third parties can notify us of suspected illegal content that is published or otherwise made accessible via your domain using the reporting system set up for this purpose. The report is sent electronically to the contact point specified in the legal notice in accordance with Regulation (EU) 2022/2065, using the contact form we have set up for this purpose or other electronic means of communication provided by us. 2. We then check whether the content in question is illegal in accordance with paragraph 3. This review is generally carried out by humans and, if necessary, with the aid of automated means using algorithmic decision-making. 3. If our review reveals that the content in question is illegal within the meaning of paragraph 3, we will take measures to prevent its dissemination as quickly as possible. To this end, we have the following measures at our disposal, which we apply at our own discretion and with due care: - Hiding or removing the content in question, - Deactivating functions of our service, - Blocking your customer account, - Preventing you from accessing our services, - Terminating the contractual relationship with you. When applying these measures, we will proceed carefully, objectively, and proportionately, taking into account the rights and legitimate interests of all parties involved, as well as their fundamental rights, such as the right to freedom of expression, freedom and pluralism of the media, and other fundamental rights and freedoms. 4. If we take measures against you in accordance with No. 3, we will inform you of the measures and provide reasons for them in accordance with our legal obligations. (5) You have the option of lodging a complaint against the measures we have taken against you and requesting the restoration of removed or blocked content or the lifting of the measures taken against you. The complaint must be made within one month of receiving the information in accordance with paragraph 4 No. 4. The complaint must be justified and sent by email to the contact point specified in the legal notice in accordance with Regulation (EU) 2022/2065. We will then review the complaint and inform you of the result of our review within two weeks of receiving the complaint. If, after reviewing the complaint, it turns out that the measures we have taken are unlawful, we will revoke the measures and restore the content in question. If, after reviewing the complaint, it turns out that the measures we have taken are lawful, we will inform you of this and provide you with the reasons for this decision. § 10 Contract term, termination (1) The contract concluded between you and us has the term specified in the respective offer, hereinafter referred to as the “basic term.” A basic term of more than two years cannot be agreed upon. (2) If the contract is not terminated by either party one month before the end of the basic term (unless a shorter period is specified in the respective offer), it shall be tacitly extended for an indefinite period. The extended contractual relationship may be terminated at any time with one month's notice (unless a shorter period is specified in the respective offer). (3) The right to terminate without notice for good cause remains unaffected by this. In particular, we have an extraordinary right of termination in the event of repeated breaches of your obligations under these General Terms and Conditions. In the event of extraordinary termination by us, you are obliged to pay compensation. (4) Any termination must be declared and transmitted either in text form (e.g., email) or via the termination button integrated on our website (“Terminate contracts here” or similar designation). § 11 Special agreements on offered payment methods (1) Payment via “PayPal” / “PayPal Checkout” If you select a payment method offered via “PayPal” / “PayPal Checkout,” payment will be processed by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; “PayPal”). The individual payment methods via “PayPal” are displayed on our website under a correspondingly labeled button and during the online ordering process. “PayPal” may use other payment services for payment processing; if special payment conditions apply, you will be notified of this separately. For more information about PayPal, please visit https://www.paypal.com/de/webapps/mpp/ua/legalhub-full (https://www.paypal.com/de/webapps/mpp/ua/legalhub-full). (2) Payment via Stripe If you select a payment method offered via Stripe, payment will be processed by the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; Stripe). The individual payment methods via Stripe are displayed on our website under a corresponding button and during the online ordering process. Stripe may use other payment services for payment processing; if special payment terms apply, you will be notified separately. For more information about Stripe, please visit https://stripe.com/de (https://stripe.com/de). § 12 Right of retention You may only exercise a right of retention if it relates to claims arising from the same contractual relationship. § 13 Choice of law (1) German law applies. For consumers, this choice of law only applies insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country of their habitual residence (principle of favorability). (2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply. § 14 Measures Against Spam and Email Sending (1) The use of our services for sending unsolicited bulk emails (spam) is prohibited. We reserve the right to suspend customer accounts or terminate the contract without notice in the event of violations. Further claims, in particular for damages, remain unaffected. (2) We take technical and organizational measures to prevent the misuse of our infrastructure for sending spam messages. These measures include in particular: Monitoring of outgoing emails and traffic patterns to detect anomalies, Use of abuse monitoring tools, Integration with common blacklist and reputation services, Manual and automated checks in case of suspected abuse. (3) Our customers are required to obtain explicit consent (opt-in) from recipients before sending emails and to comply with legal requirements, particularly those arising from competition law and data protection law. Customers must provide proof of such consent upon request. (4) We reserve the right to review email transmissions and take measures to ensure compliance with our terms and the Mailgun Acceptable Use Policy. This includes random checks and requesting information regarding compliance with legal and contractual requirements. (5) Further information about our handling of abuse cases and the applicable conditions can be found in our complete Terms and Conditions at: https://customers.realtoxmedia.de/terms II. Customer information 1. Identity of the seller Felix Gassan Talweg 4s Talweg 4s 21149 Hamburg Germany Phone: +491602304983 Email: info [at] realtoxmedia.de Alternative dispute resolution: The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr (https://ec.europa.eu/odr). We are not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration boards. 2. Information on the conclusion of the contract The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions of “Conclusion of the Contract” in our General Terms and Conditions (Part I.). 3. Contract language, contract text storage 3.1. The contract language is English. 3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. After we receive the order, the order data, the information required by law for distance contracts, and the General Terms and Conditions will be sent to you again by email. 4. Essential characteristics of the goods or services The essential characteristics of the goods and/or services can be found in the respective offer. 5. Prices and payment terms 5.1. The prices listed in the respective offers and the shipping costs represent total prices. They include all price components, including all applicable taxes. 5.2. Any costs incurred for the transfer of money (transfer or exchange rate fees charged by credit institutions) shall be borne by you in cases where our service is provided in an EU member state but the payment was initiated outside the European Union. 5.3. The payment methods available to you are listed under a corresponding button on our website or in the respective offer. 5.4. Unless otherwise specified for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately. 5.5. Upon confirmation of the contract or at the beginning of each further billing period, you will receive an invoice from us by email for the fees incurred. 6. Statutory liability for defects The statutory liability for defects applies. 7. Contract term / termination Information on the term of the contract and the terms of termination can be found in the provision “Contract term / termination of subscription contracts” in our General Terms and Conditions (Part I) and in the respective offer. These General Terms and Conditions and customer information were created by the Händlerbund's lawyers specializing in IT law and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service (https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service).
Last modification: 18.04.2025