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Youth Protection Officer:
Alexander Schaefer
youth-protection@server4you.net

General Terms and Conditions

Host Europe GmbH shall render for the brand SERVER4YOU all services exclusively on the basis of these General Terms and Conditions of business. Any terms and conditions of business deviating herefrom shall not be recognised, unless expressly consented to in writing. These General Terms and Conditions of Business shall apply even if services are rendered unconditionally despite Host Europe GmbH knowing of terms and conditions of the customer that conflict with or deviate from these.

These General Terms and Conditions are provided in English for your convenience. Please note that in case of a dispute or discrepancy between the German Terms and Conditions and the English translation, the German version shall prevail.

§ 1 Subject-matter of the Contract

Host Europe GmbH (hereinafter called "Provider") operates computers constantly connected to the Internet (servers). The Provider shall make these computers wholly (on a dedicated basis) or partly (on a virtually dedicated basis) available to the customer for its own purposes.

§ 2 The Provider's Services

(1) The Provider shall render services, itself or through third parties, as further detailed in the service specifications of the respective product. Other commitments, promises of services or collateral agreements shall be effective only if confirmed in writing by the Provider. Unless otherwise expressly agreed upon, the Provider may also appoint expert employees or third parties to render the services incumbent upon it.

(2) The Provider shall provide the customer with access enabling the customer to administer its server itself over the Internet. This access shall be protected by means of a password. This password shall not be known to the Provider. The customer undertakes to regularly alter, and keep strictly secret, the passwords received from the Provider for the purpose of accessing the Provider's services. The customer shall promptly inform the Provider as soon as it becomes aware that the password has become known to unauthorised third parties.

§ 3 Prices and Payments

(1) For the services specified in Section 2, the customer shall pay in advance the prices quoted in the offer for the services. All charges mentioned shall, unless otherwise expressly specified, include German value-added tax at the respective applicable statutory rate. Private customers shall be charged the respective value-added tax rate valid for their EU state.

(2) Charges unrelated to usage shall be due and payable in advance for the respective contract term, unless a different billing period is agreed upon with the customer. Charges relating to usage shall be due and payable at the end of the respective billing period. All charges shall be based on the respective prices agreed upon for this with the customer. Insofar as individual services of the Provider are billed according to time spent or consumption, the customer shall be entitled to have bills sent monthly by email. These bills shall specify the type of service billed and the time spent or consumption.

(3) If the value-added tax rate stipulated by law is altered, the Provider may, from the time when this change in the VAT rate enters into effect, adjust accordingly the charges for goods delivered, or services rendered, within the framework of continuing obligations.

(4) The Provider shall, depending upon the agreed mode of payment, invoice its services either monthly or for several months in advance. The amounts specified in the invoice shall be due for payment, without any deduction, immediately upon receipt of the invoice. In each case, the Provider shall post an electronic invoice in the customer system or by email. The customer hereby agrees thereto. If the customer requests that an invoice be sent by post, the Provider may claim for this an appropriate charge per invoice, normally 7.50 € including VAT. This shall not establish any legal entitlement of the customer to the continual sending of invoices in the form customary at the time of the conclusion of the contract.

(5) The customer shall, even without a reminder, enter into default in the event that it fails to pay an invoice within 14 days of receipt of the invoice or within 14 days of notification that the invoice has been posted in the customer system.

(6) If the customer defaults on payment, the Provider shall be entitled to claim interest at the rate of 10 % annually. However, the customer may prove that no interest loss, or a significantly lower interest loss, was incurred. Additionally, the customer shall compensate the Provider for the loss incurred as a result of any refusal of payment by the institution holding the customer's bank account.

(7) If the customer defaults on payment, or if a charge-back occurs in the case of direct debiting, the Provider may, without setting a time limit and without further notice, block the customer's server from accessing the Internet. Temporary blocking of services shall not affect the customer's obligation to pay.

(8) The customer may set off against claims of the Provider only with counter-claims that are undisputed or have been determined by a final and non-appealable court judgement. This shall not apply to warranty claims of the customer, insofar as these are set off against the claim due to the Provider.

(9) The customer may make payments by SEPA direct debiting, insofar as the Provider offers this. By selecting this payment option, the customer shall grant the Provider a SEPA core direct debit mandate to collect all charges arising in the course of the contractual relationship. This mandate shall also apply to new bank accounts communicated by the customer. The Provider shall give the customer timely prior notice (so-called "pre-notification) of the corresponding direct debit. This prior notice shall be given to the payer by email at least one business day before the direct debit. The customer shall ensure that there is sufficient cover on its bank account during the agreed debiting period.

§ 4 Conclusion of the Contract, Contract Term, Termination

(1) The contract shall come into being upon the Provider's acceptance of the customer's offer of a contract. Acceptance shall either be specifically declared, or the Provider's commencement of execution of the service shall be regarded as acceptance.

(2) The minimum contract term for all products is 1 month except for contracts with a start date before 19.11.2010 which have a contract term of 1, 12 or 24 months.
The notice period for contracts with 12 or 24 month terms is at least three months before the end of the contract term. Contracts with a monthly term can be canceled at any time to the end of the current monthly period.

(3) The right to terminate the contract without prior notice for good cause shall remain unaffected hereby. In particular, the Provider shall have good cause, if the customer

  • fails to show, despite repeated reminders from the Provider, that the fees still outstanding are expected to be settled, but no later than at such time as the customer enters into arrears with the payment of charges equal to two months' basic charges;
  • sculpably breaches a material contractual duty, and the customer fails to provide redress within a reasonable period despite a warning;
  • breaches statutory prohibitions, in particular by violating legal provisions relating to copyrights, competition, name rights or data privacy;
  • publishes National Socialist, racist or radical content or illegal content in any other form.

(4) Any notice of termination shall only be effective in writing. Customers may also give notice of termination by email, if this satisfies the electronic form under Section 126a BGB [German Civil Code] (so-called qualified electronic signature). Insofar as the Provider makes available a corresponding feature for giving notice of termination, notice of termination of the contract may also be effectively given within the customer system. Notwithstanding the previous regulations, consumers (acc. to § 13 BGB) can always give notice of termination in text form.

(5) The domain registration relationship shall, as regards notice of termination, be governed by provisions partly deviating herefrom, which are set out in Section 12 of these General Terms and Conditions of Business.

§ 5 Warranty

(1) The customer shall give the Provider prompt notification of defects and make every effort to support the Provider in the course of any possible rectification of defects, in particular by taking all reasonable data security measures.

(2) The Provider points out that, under the present state of the art in terms of technology, it is not possible to create hardware and software that functions faultlessly in all combinations of use or that can be protected against all manipulation by third parties. The Provider does not guarantee that hardware and software used or provided by the Provider shall satisfy the customer's requirements and be suitable for certain applications, or that this hardware and software shall be crash-proof, bug-free and free from malware. The Provider merely warrants in relation to the customer that the hardware and software used or provided by the Provider shall, at the time when it is made available, essentially function in accordance with the manufacturer's service specifications, provided that it is operated under normal operating conditions and is normally maintained.

§ 6 The Customer's Duties

(1) In respect of all data that the customer transfers to the Provider's servers, the customer shall make, itself or through third parties, daily updated back-up copies, which shall not be stored on the server itself, in order to ensure that the data can be restored quickly and at low cost in the event of any system failure. In the event of data loss, the customer shall, free of charge, once again upload the data stocks concerned onto the Provider's servers and restore configurations.

(2) The customer represents and warrants that the details provided by it are accurate and complete. It undertakes to promptly inform the Provider of every change of its contact details provided, and of every change of its other data required for the implementation of the contract.

(3) The customer shall not offer or distribute on the rented server without authorisation any copyright-protected content. In particular, it shall not be permissible to operate so-called P2P exchange markets, download services or streaming services via which any copyright-protected content can be distributed without authorisation. Moreover, the customer shall not make available any links that refer to P2P exchange markets, download services, streaming services or their content.

(4) The customer shall be prohibited from using the server for directly sending SPAM emails or (D)DOS attacks, and shall not operate on the server any open email relays or other systems via which SPAM emails or (D)DOS attacks can be distributed. Nor shall the customer be permitted to operate IRC-related services (Internet Relay Chat) such as for example Shells, Bouncer or Eggdrops.

(5) When organising its IT project, the customer shall forgo technologies that cause the Provider's facilities to be excessively used. Websites containing these technologies may be excluded by the Provided from third-party access until the customer has removed/deactivated these technologies. This shall not apply to servers available to the customer for the customer's sole use (dedicated hardware).

(6) Furthermore, the resources made available by the Provider shall not be used by the customer for any acts that violate statutory prohibitions, good morals or third-party rights (copyrights, trademark rights, name rights, data privacy rights etc.). In particular, this includes the following acts:

  1. unauthorised intrusion into third-party computer systems (e.g. hacking);
  2. obstruction of third-party computer systems by sending/forwarding data flows and/or emails (e.g. DoS/DDoS attacks/spam/email bombing);
  3. searching for open access to computer systems (e.g. port scanning);
  4. falsifying IP addresses, email headers or news headers, or spreading malware.

(7) The customer shall not be permitted to register its website on search engines, if and insofar as the customer violates statutory prohibitions, good morals or third-party rights by using keywords or similar techniques in its registration.

(8) DIf the customer breaches any of its above obligations, the Provider may, with immediate effect, discontinue its services or block access to the customer's information. The right to assert damage claims shall remain expressly reserved. In the event of serious or repeated breaches, the Provider shall be entitled to a special right of termination.

§ 7 Server Administration

(1) Unless otherwise agreed upon, the Provider shall grant the customer full and sole administration rights to the server rented. Only the customer, not the Provider, shall possess the customer's individual administration password to the server. Consequently, it shall be impossible for the Provider to administer the server rented by the customer. The customer shall, therefore, be exclusively and solely responsible, at its own expense and risk, for the administration and security of its server. It shall be the customer's duty to install necessary security software, keep itself constantly informed of vulnerabilities that become known and independently rectify these vulnerabilities. The installation of maintenance programmes or other software that the Provider makes available or recommends shall not release the customer from this obligation.

(2) The Provider shall provide the customer with technical support only to the extent agreed upon by contract. Beyond this, the Provider shall not grant the customer any free support services. The Provider shall not provide direct support for the customer's customers, unless otherwise agreed upon in writing.

(3) ) Insofar as permanent IP addresses are made available to the customer, the Provider shall have the right to alter the IP address(es) allocated to the customer, if this is necessary for technical or legal reasons.

(4) If necessary and reasonable, the customer shall co-operate with simple configuration changes, e.g. by re-entering its access details or making simple changes to its systems.

(5) The customer shall configure its programmes in such a way that they automatically re-start in the event that the hardware or the operating system is rebooted.

(6) The customer shall set up and administer its server in such a manner that the security, integrity and availability of the networks, other servers, software and data of third parties are not put at risk.

§ 8 Liability

(1) The Provider shall, regardless of the legal basis, be liable only in accordance with the following provisions.

(2) In cases of wrongful intent or gross negligence, the Provider shall be liable in accordance with the statutory provisions.

(3) In cases of slight negligence, the Provider shall be liable only in the event of a breach of a material contractual duty whose fulfilment is a prerequisite for proper implementation of the contract and whose observance may normally be expected by the customer (material contractual duty). In such cases, the Provider shall be liable only up to the sum of the foreseeable loss typical of this type of contract.

(4) In cases of slight negligence, liability for all other loss, in particular consequential loss, collateral loss or lost profit, shall be excluded.

(5) The above limitations shall not apply in cases of mortal injury, physical harm or health damage, or in cases of liability under the Produkthaftungsgesetz [Product Liability Act].

(6) Insofar as the Provider's liability is excluded or limited, this shall also apply to the liability of the Provider's workers, other employees, representatives and authorised agents.

(7) Insofar as the Telekommunikationsgesetz (TKG) [Telecommunication Act] is applicable, the provision on liability under Section 44a TKG shall, in any event, remain unaffected.

§ 9 Data Privacy

The Provider shall collect, process and use the customer's personal data in accordance with the statutory provisions on data privacy. Supplementary information hereon can be found in Host Europe GmbH's Data Privacy Statement. Insofar as the customer was acquired via an intermediary, the customer irrevocably consents to the data necessary for the billing of commission being sent to the intermediary.

§ 10 Indemnification

Internally, the customer shall indemnify the Provider against any and all third-party claims based on unlawful or illegal acts or substantive errors in the information made available by the customer. In particular, this shall apply to violations of the law on copyrights, trademarks, name rights, data privacy rights and competition, as well as in the event of breaches of Section 6 of this contract.

§ 11 Copyrights, Licence Agreements

(1) Insofar as the Provider undertakes software developments and customised configurations for the customer or on behalf of the customer for third parties, the Provider shall transfer to the customer a non-exclusive right to use the software created and the configurations concerned on the Internet for the duration of the contractual relationship.

(2) In respect of the Provider's own software made available, or third-party software made available, the Provider grants the customer a non-exclusive (ordinary) right of use limited, in terms of time, to the term of the contract. Except with the Provider's consent, this right of use shall not be transferable by way of contract transfer, and no sublicences shall be granted to third parties. Continued usage after the contract has ended shall not be permitted. After the contract has ended, the customer shall delete copies of software made available.

(3) The respective valid terms of licence of the software provider shall additionally apply to open source programmes. The Provider shall make these available to the customer on request. Insofar as the software provider's terms and conditions conflict with these Terms and Conditions, the software provider's terms and conditions shall take precedence.

(4) Moreover, the terms of licence of the respective software manufacturers as well as, if relevant, the Provider's manufacturer- or software-specific additional terms and conditions shall apply.

(5) Insofar as the customer itself administers or sets up or distributes licences on the servers, it shall be exclusively obliged to ensure correct licensing. The Provider shall be entitled to carry out audits in order to check that the customer's servers conform with the contractual agreements and provisions, in particular terms of licence. Within the framework of these audits, the Provider shall, in particular, be entitled to check whether the customer has procured a sufficient number of software licences. The customer shall co-operate with these audits.

§ 12 Internet Domains

(1) Insofar as the customer has a domain registered via the Provider, the contract shall be brought about directly between the customer and the respective allocation body or registrar. In this respect, the Provider shall act on behalf of the customer under an agency relationship. Therefore, the relevant terms of registration and guidelines of the respective allocation body or registrar shall apply. Insofar as these conflict with these GT&Cs of the Provider, the respective terms of registration and guidelines shall take precedence over the Provider's GT&Cs.

(2) An automated procedure shall be used for registering domains. The Provider shall have no influence over the allocation of domains. Therefore, the Provider does not warrant that the domains applied for on behalf of the customer will be allocable (delegated), or that such domains will be free from third-party rights.

(3) The customer shall, in a reasonable manner, co-operate with the registration, transfer and deletion of domains and with the alteration of entries in the databases of the allocation bodies.

(4) The customer warrants that its domains and the content retrievable thereunder shall not violate any statutory provisions or infringe any third-party rights. Depending upon the type of domain or, as the case may be, the objective of the content relating thereto, other national legal systems shall be equally observed.

(5) If a third party satisfactorily shows that its rights are being infringed by domains or content, or if an infringement of its rights is deemed to be probable on the basis of objective circumstances to the Provider's satisfaction, the Provider may temporarily block the content and take measures to make the domain concerned inaccessible.

(6) The customer shall indemnify the Provider against third-party compensation claims based on impermissible use of an Internet domain or content relating thereto.

(7) If the customer forgoes a domain in relation to the respective allocation body or registrar, it shall give the Provider prompt notification thereof.

(8) In principle, termination of the contractual relationship with the Provider shall not affect the respective registration contract existing between the customer and the allocation body or registrar concerning a domain. However, any termination requests concerning the registration relationship shall be sent to the Provider, as the Provider administers the domain for the domain holder, and any notifications by the domain holder, including notices of termination of the contract, are normally to be sent to the respective allocation body or registrar via the Provider.

(9) Therefore, termination of the contractual relationship with the Provider by the customer shall simultaneously bring about effective termination of the registration relationship concerning a domain only if the customer has expressly declared in writing that the domain is (also) to be terminated and can be deleted. If the customer is not also the domain holder, any termination or deletion request shall require the written consent of the domain holder or the admin-c.

(10) Insofar as the customer submits a domain termination request late, i.e. after the notice period has expired, the Provider shall promptly forward this request to the registration body. However, it is pointed out that, if the customer fails to issue in due time a termination request concerning the domain registration contract, and if this causes the term of the domain registration to be extended in relation to the allocation body or the registrar, the customer shall remain obliged to pay the fee for the extended period.

(11) If the customer terminates the contractual relationship with the Provider without issuing any express instruction regarding what is to happen to the domains registered via the Provider hitherto, the obligation to pay a fee for the domains shall likewise remain in effect until further notice. If a request that the customer submit a written declaration relating to the domains within a reasonable period is sent to the customer to the email address provided by the customer, and the customer fails to heed this request, the Provider shall be entitled to place the domains under the direct administration of the respective allocation body, or release the domains in the customer's name. The same shall apply mutatis mutandis in the event that the Provider terminates the contractual relationship with the customer.

(12) If the customer does not place domains under the administration of another provider by at the latest the date when the agency contract between the customer and the Provider concerning the administration of the domain ends, the Provider shall be entitled to place the domains under the direct administration of the respective allocation body, or release the domains in the customer's name. In particular, this shall also apply in cases where the customer has indeed issued an instruction to transfer the domain to a new provider, but this instruction has not been implemented in due time.

§ 13 Applicable Law, Place of Jurisdiction

(1) EThe laws of the Federal Republic of Germany, excluding uniform UN sales law (CISG), shall apply.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, Cologne shall be the exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship. Moreover, the Provider shall be entitled to bring an action against the customer at the customer's place of general jurisdiction.

§ 14 Miscellaneous

(1) Amendments or supplements to this contract shall apply only if agreed upon in writing. This shall also apply to any amendment of this written form clause.

(2) All information and declarations from the Provider may be sent to the customer electronically, in particular via the customer system or by email to the email address communicated by the customer. This shall also apply to billing within the framework of the contractual relationship.

(3) If any provision in the contract is or becomes ineffective, or if the contract contains any omission that needs to be filled, this shall not affect the effectiveness of the other provisions. The parties undertake to replace any ineffective provision with an effective provision that most closely reflects the economic purpose of the ineffective provision. The same shall apply in the event of any omission in the contract.



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Sample Revocation Form

Sample revocation form

Should you wish to revoke the contract please fill in this form and return it to us within two weeks after activation at

Host Europe GmbH
Welserstraße 14
51149 Cologne
Germany

Phone: +49 2233 - 612-4894
Fax: +49 2233 – 612-5150
E-Mail: info@server4you.net

• I/we (*) hereby revoke the contract concluded by me/us (*) in respect of
• the purchase of the following goods(*)
• the provision of the following service (*)
• ordered on (*) / received on (*)
• Name of the consumer(s)
• Address of the consumer(s)
• Signature of the consumer(s)
• Date
________________
(*) Delete as appropriate

The customer hereby consents that Host Europe GmbH may forward data concerning the application for, commencement of and discontinuation of this telecommunications contract to the SCHUFA agency (Schutzgemeinschaft für allgemeine Kreditsicherung [General Credit Protection Agency]) that has jurisdiction over the customer's domicile, and further consents that Host Europe GmbH may receive information about the customer from SCHUFA.

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Privacy policy

Welcome to SERVER4YOU, a brand of Host Europe GmbH!

We are delighted you are visiting our website and thank you for your interest in our company and our first-class products, services, web pages and mobile apps (in summary: our “services”). Data protection and data security are very important to us with regard to the use of our website. We would therefore like to take this opportunity to inform you about the personal data we collect during your visit to our website and what we use this data for.

We kindly ask you to routinely read this privacy policy as changes to legislation or our internal corporate processes can necessitate an adaptation of its content. You can call up, save and print out this privacy policy at any time under “Privacy Policy”.

§ 1 Controller and scope

The controller in the meaning of the EU General Data Protection Regulation (hereinafter: GDPR), other national data protection laws of member states and additional data protection regulations is:

Host Europe GmbH
Hansestr. 111
51149 Cologne
Germany
Tel.: +49 2233 612 4894
E-Mail: info@server4you.net
Website:www.server4you.net

This privacy policy applies to the website(s) of Host Europe GmbH and the brand SERVER4YOU that is accessible via the domain www.server4you.net and various subdomains (hereinafter: “our website”).

§ 2 Data protection officer

The controller’s external data protection officer is:

Dr. Karsten Kinast, LL.M. (Attorney)
KINAST Rechtsanwaltsgesellschaft mbH
Hohenzollernring 54
D-50672 Cologne

§ 3 Principles of data processing

The term personal data refers to all information that relates to an identified or identifiable natural person. It includes, for instance, information such as your name, age, address, telephone number, date of birth, email address, IP address and user behavior. Information that does not allow us to establish a connection to you as a person (or would only allow such a connection with an unreasonable amount of effort), for instance anonymized information, is not classed as personal data. Processing personal data (for instance collecting, querying, using, storing and transferring personal data) always requires a legal basis or your consent. Processed personal data is deleted as soon as the purpose for which it was collected is fulfilled and statutory retention periods no longer apply.

Insofar as we process your personal data in order to provide specific services to you, the following serves to inform you of the concrete processes, the scope and the purpose of data processing, the legislation on which it is based and the duration of storage in each case.

§ 4 Individual processing activities

1. Website provision and use

a. Type and scope of data processing

When you call up and visit our website, we collect personal data that your browser automatically sends to our server. This information is stored temporarily in a so-called log file. When you use our website, we collect the following data needed for technical reasons to display the website and guarantee its security and stability:

 

  • IP address of the requesting computer
  • Date and time of access
  • Name of the URL and the requested file
  • The website from which access was made (referrer URL)
  • Your browser and possibly also your computer’s operating system as well as the name of your access provider

b. Legal basis

Art. 6 Para. 1 (f) GDPR serves as the legal basis for data processing activities detailed in the preceding. Processing the specified data is an essential part of making the website accessible and therefore serves a legitimate interest of our company.

c. Duration of storage

The specified data will be deleted as soon as it is no longer needed to display the website. Collecting the data is essential to making the website available; storing the data in log files is essential to operating the website. The user therefore has no option to object to collection and storage. In some cases data may be stored for other purposes if required by law.

 

2. Registration / User account

a. Type and scope of data processing

Our website offers you an option to register as a user by submitting your personal data. Your registration is required for the purpose of concluding a contract with us or for pre-contractual activities with regard to providing you with permanent access to the subscribed services.

We use your processed data to create a personalized user account for you that you can use to access specific content and services such as dedicated servers, vServer, domains or software packages on our website.
We process your email address so we can send you new login details should you happen to forget them.
You can see in detail which personal data we process during registration from the following overview:

 

  • Name
  • Email address
  • Address
  • Date of birth
  • IP address
  • Payment information

b. Legal basis

Processing the preceding personal data serves the fulfillment of a contract between you and Host Europe GmbH or the implementation of pre-contractual activities in accordance with Art. 6 Para. 1 (b) GDPR.

You can withdraw your consent to the use of your personal data at any time with future effect by sending an email to the email address detailed in clause 1 above or to the data protection officer (cf. clause 2 above).

c. Duration of storage

Processed data will be deleted as soon as it is no longer required for contract performance purposes. It may also be necessary to keep your personal data on record after the fulfillment of a contract to meet contractual or legal requirements. In some cases data may be stored for other purposes if required by law.

d. Cancelling registration

You can cancel your registration as a user at any time. You can also request changes to be made to your personal data on record. To do so, please click on the following link https://my.server4you.de/de/Customer/Account/Index.
However, if the processed data is required for the purpose of contract performance or pre-contractual activities, it can only be deleted prematurely if contractual or legal obligations allow.

 

3. Newsletter

a. Type and scope of data processing

Our website offers you an option to subscribe to a free newsletter. We require the following details from you if you wish to subscribe:

 

  • Email address

Your personal data will not be shared with any third party in connection with your newsletter subscription.

Newsletter subscriptions are based on the so-called double opt-in method. This means we will only send you newsletters if you click on the link in a confirmation email sent to you to confirm your subscription. This is to ensure that only you can subscribe to the newsletter using your email address. You will need to confirm your subscription soon after receiving the confirmation email as your details will otherwise be automatically deleted from our database.

b. Legal basis

Processing your email address in order to send you newsletters is based on the following voluntary declaration of consent pursuant to Art. 6 Para. 1 (a) GDPR:

Declaration of consent: By entering my data and clicking the “Send” button, I declare my consent to having my email address processed for the purpose of receiving regular newsletters. I can cancel my newsletter subscription at any time by clicking on the corresponding link at the end of each newsletter. I have read and accepted the current privacy policy. I can withdraw my consent to the collection of my personal data captured during the registration process at any time by contacting datenschutz@server4you.de.

You can withdraw your consent to the use of your personal data at any time with future effect by sending an email to the email address detailed in clause 1 above or to the data protection officer (cf. clause 2 above).

c. Duration of storage

Your email address will be stored for as long as you are subscribed to the newsletter. Your email address will be deleted when you unsubscribe from the newsletter. In some cases data may be kept on record for other purposes if required by law.

 

4. Contact form

a. Type and scope of data processing

You can get in touch with us via a contact form made available to you on our website. You will be informed of this privacy policy when you submit your inquiry via the contact form in order to obtain your consent. When you make use of the contact form, the following personal data will be collected and processed via the form:

 

  • Name
  • Email address
  • Message content
  • Telephone number (voluntary)
  • Message content (voluntary)
  • Server name (voluntary)

We require your email address in order to allocate your inquiry and send you a response. Your personal data will not be disclosed to any third party when you use the contact form.

b. Legal basis

The processing of data for contact purposes as described above (cf. clause 4 4. a.) is based on the following voluntary declaration of consent pursuant to Art. 6 Para. 1 (a):

Declaration of consent: By entering my data and clicking the “Send” button, I declare my consent to having my email address, my name and the content of my message processed for the purpose of responding to my contact inquiry. I have read and accepted the current privacy policy. I can withdraw my consent at any time with future effect by contacting datenschutz@server4you.de wende.

You can withdraw your consent to the use of your personal data at any time with future effect by sending an email to the email address detailed in clause 1 above or to the data protection officer (cf. clause 2 above).

c. Duration of storage

We will delete the personal data collected from you via the contact form as soon as we have dealt with your inquiry and brought the subject matter to a close. In some cases data may be kept on record for other purposes if required by law.

 

5. Order form

a. Type and scope of data processing

The order form consists of data fields you can fill in on our website. Users filling in the order form will enter the following personal data to obtain various services (e.g. rental server and other add-ons) from the controller:

 

  • Name
  • Street
  • Zip code
  • Place
  • Country
  • Email address

The following (additional) personal data will be required if you wish to be called back:

 

  • Telephone number
  • Cell phone number

b. Legal basis

Processing the preceding personal data serves the fulfillment of a contract between you and Host Europe GmbH or the implementation of pre-contractual activities in accordance with Art. 6 Para. 1 (b) GDPR.

You can withdraw your consent to the use of your personal data at any time with future effect by sending an email to the email address detailed in clause 1 above or to the data protection officer (cf. clause 2 above).

c. Duration of storage

The duration of storage with regard to the preceding personal data depends on the nature of your inquiry. Your data will be routinely deleted insofar as the purpose of your communication no longer applies and data storage is no longer necessary.

 

6. Contact options on our website

Our website offers you various options to contact us by email:

a. Type and scope of data processing

Every user of this website can send their inquiries to this email address. Email inquiries are processed by the appropriate department. The data we collect in this case is limited to the email address of the email account you used to contact us and any other personal data you disclose to us within the scope of your inquiry.

b. Legal basis

The lawfulness of data collection is based on Art. 6 Para. 1 (f) GDPR as both you and we have an interest in contacting and communicating with one another and we as a company have a legitimate interest in processing the data detailed in the preceding in order to respond to your inquiry.

c. Duration of storage

The duration of storage with regard to the preceding personal data depends on the nature of your inquiry. Your data will be routinely deleted insofar as the purpose of your communication no longer applies and data storage is no longer necessary (or once we have finished handling your inquiry).

§ 5 Disclosing data

We will only disclose your data to third parties if:

 

  • You have explicitly granted your consent in accordance with Art. 6 Para. 1 p. 1 (a) GDPR
  • To do so is lawful and necessary to fulfill our contractual obligations towards you in accordance with Art. 6 Para. 1 p. 1 (b) GDPR
  • We are obligated to do so by law in accordance with Art. 6 Para. 1 p. 1 (c) GDPR
  • Disclosure is necessary to protect our legitimate interest or to assert, exercise or defend legal claims in accordance with Art. 6 Para. 1 p. 1 (f) GDPR and there is no reason to assume that you have an overriding interest in non-disclosure worthy of protection.

§ 6 Use of cookies

a. Type and scope of data processing

Our website uses cookies. Cookies are small files that are sent to and stored by your browser when you visit our web pages. Certain technical cookies are essential as some of our website’s functions will not work without them. Other cookies enable us to carry out a range of analyses. Cookies can, for instance, recognize your browser and send certain information to us when you return to our website. Cookies enable us to make our website more effective and user-friendly for you as they can help us to understand how you use our website and your preferred settings (for instance country and language settings). If third parties use cookies to process information, this information will be collected directly from your browser. Cookies do not cause any damage to your end device. They cannot execute programs and do not contain viruses.
Our website uses different kinds of cookies whose type and function are explained in the following.

Persistent-Cookies Our website uses persistent cookies. Persistent cookies are cookies that are stored in your browser for a longer time period and send information to us. The storage duration depends on the type of cookie. You can delete persistent cookies yourself using your browser settings.
   
Funktion 1: Required cookies

These cookies are required for technical reasons as they enable you to visit our website and use the functions we provide. This includes, for instance, the following applications: PowerPanel, order process, etc. These cookies also contribute towards making the use of our website secure and in compliance with regulations.
Funktion 2: Performance-related cookies

These cookies enable us to analyze the use of our website and to improve its performance and functionality. They are used to collect information on how visitors use our website, which pages are most frequently visited and whether error messages appear on certain pages.
Funktion 3: Cookies for marketing and social media

Advertising cookies (third-party providers) make it possible to show you various offers that correspond to your interests. These cookies collect data on user web activity over extended periods of time. The cookies may recognize you on various of your end devices.

The following third parties receive personal data from cookies incorporated in our website:

- Google Analytics
- Tawk.to

Furthermore, certain cookies allow us to create a connection to your social networks and to share the content of our website with your networks.

 

b. Legal basis

The legal basis for processing personal data using cookies is Art. 6 Para. 1 (f) GDPR on account of the purposes described in the preceding (cf. clause 6. a.). If you have granted your consent to the use of cookies in response to a notice (“cookie banner”) on the website, then lawfulness is also based on Art. 6 Para. 1 p. 1 (a) GDPR.

c. Duration of storage

The information will be deleted as soon as the data provided to us via the cookies is no longer required to fulfill the purposes described in the preceding. In some cases data may be stored for other purposes if required by law.

d. Configuration of browser settings

Most browser are set to accept cookies by default. You can, however, configure your browser so that it only accepts certain cookies or none at all. Please note, however, that you may not be able to use all the functions of our website if its cookies are deactivated in your browser settings. You can also use your browser settings to delete cookies already stored in your browser. In addition, you can set your browser to inform you whenever a cookie is about to be stored. As browsers differ in regard to their functionality, please refer to your browser’s help menu for information on adjusting configuration options.

We recommend installing specific plug-ins if you want to see a comprehensive overview of all third parties with access to your web browser.

§ 7 Tracking and analysis tools

We use tracking and analysis tools to ensure our website is continuously optimized and its design is suitable for its purpose. Tracking measures also enable us to collect statistical data with regard to user behavior on our website and to use the insights gained to further improve our online offering for you. These interests justify the use of tracking and analysis tools described below in accordance with Art. 6 Para. 1 p. 1 (f) GDPR. If you have granted your consent to the use of cookies in response to a notice (“cookie banner”) on the website, then lawfulness is also based on Art. 6 Para. 1 p. 1 (a) GDPR. The purpose of tracking and analysis tools and the data they process can also be referenced from the following descriptions. You can use our website’s cookie settings to activate and deactivate your selection of tracking and analysis tools at any time.

1. Google Analytics

This website uses Google Analytics, a web analysis service of Google Inc., 1600 Amphitheatre Parkway, Mountainview, CA 94043 USA (“Google”). Google Analytics uses so-called cookies. Cookies are small text files that are stored on your computer and enable an analysis of your use of the website.

The information generated by the cookies about your use of the website, for instance the time, location and frequency of your visits, is usually transmitted to and stored on a Google server in the United States. The collection of other personal data in addition to your IP address by the cookies set by Google Analytics cannot be ruled out when Google Analytics is used. Please note that Google may disclose this information to third parties if required to do so by law or if a third party processes the information on behalf of Google.

Google will use this information on behalf of the website operator for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website and internet usage to the website operator. According to Google, Google will not associate the IP address transferred by your browser within the context of Google Analytics with any other data held by Google.

You can prevent the storage of cookies on your computer by adjusting the corresponding settings in your browser. Please note, however, that you may not be able to use all the functions of this website in full if you do so.

The collection of other personal data in addition to your IP address by the cookies set by Google Analytics cannot be ruled out. In addition to deactivating tracking cookies as described in the preceding, you can also prevent Google Analytics from collecting information about your use of the website and transferring it to Google Analytics by downloading and installing the browser plug-in available under: http://tools.google.com/dlpage/gaoptout?hl=de .
This plug-in prevents information about your visit to the website from being sent to Google Analytics. The plug-in does not prevent any other form of analysis.

This website uses Google Analytics with the “anonymizeIp” extension to ensure the best possible protection of your personal data. The code deletes the last 8 bits of IP addresses so that your IP address is anonymized when it is collected (so-called IP masking). Google truncates and therefore anonymizes IP addresses in Member States of the European Union as well as in other countries that are party to the Agreement on the European Economic Area before they are sent to the USA. Only in exceptional cases is the full IP address sent to and truncated by a Google server in the USA.

2. Google AdWords

We use “Google AdWords” technology in general and, in particular, conversion tracking. Google Conversion Tracking is an analysis service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Clicking on an advertisement placed by Google will install a conversion tracking cookie on your computer. These cookies are valid for 30 days and are not used for personal identification purposes. If you visit certain pages of our website while the cookie is still active, both Google and we can recognize that you clicked on a specific advertisement and were subsequently transferred to this website. Every Google AdWords customer is given a different cookie. It is therefore impossible to track cookies via the websites of AdWords customers.

The data collected by conversion cookies serves to create conversion statistics for AdWords customers who use conversion tracking. Customers receive information on the number of users who clicked on their advertisement and were subsequently transferred to a website with a conversion tracking tag. However, they do not receive any information that would allow users to be personally identified.

If you do not want to participate in conversion tracking, you can prevent this by adjusting your browser’s settings accordingly so that, for instance, setting cookies is generally prohibited. You can also deactivate conversion tracking cookies by adjusting your browser so that only cookies from “googleadservices.com” are blocked.

3. Google Remarketing

We use “Google Remarketing” technology provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Google Remarketing is used to show adverts to users who have already visited our web pages and online services and displayed an interest in a specific offering. This enables targeted, interest-based advertisements within Google’s advertisement network to be displayed on our website. Google Remarketing uses cookies for analysis purposes. They enable the recognition of our visitors as soon as they visit websites participating in Google’s advertising network. These cookies make it possible to display targeted, interest-based advertisements on the basis of websites in Google’s advertisement network that were previously visited by the user (and that also use Google Remarketing).

If you do not wish to see any targeted, interest-based advertisements, you can deactivate Google’s use of cookies via this link: https://www.google.de/settings/ads.

4. Tawk.to

We use a plug-in provided by tawk.to Inc., USA. Data entered by the user (name and email) and the user’s IP address are transferred to tawk.to. Providing this data is voluntary. A chat can also be initiated without the data. You can find additional information here: https://www.tawk.to/data-protection/.

§ 8 Hyperlinks

Our website contains so-called hyperlinks to websites operated by other providers. Activating a hyperlink will transfer you directly to the website of the corresponding provider. You can recognize the transfer by the change of URL, for example. We cannot accept any liability for the confidential use of your data on these websites as we have no influence on the compliance of these companies with data protection regulations. Please refer directly to the website concerned to obtain information on how your personal data is handled.

§ 9 Right of access

The GDPR stipulates that you as a data subject whose data is processed have the following rights:

 

  • • Pursuant to Art. 15 GDPR, you can request information with regard to your personal data processed by us. In particular, you can request information in relation to the purposes of the processing; the categories of personal data concerned; the categories of recipients to whom the personal data has been or will be disclosed, including recipients in third countries or international organizations; the envisaged period for which the personal data will be stored; the existence of the right to request from us the rectification or erasure of your personal data or restriction of processing of your personal data or to object to such processing; the existence of the right to lodge a complaint; the source of your personal data to the extent that it was not collected by us; and the existence of automated decision-making, including profiling and any meaningful information about the particulars thereof.
  • Pursuant to Art. 16 GDPR, you can demand the immediate correction of incorrect or incomplete personal data stored by us.
  • Pursuant to Art. 17 GDPR, you have a right to request the erasure of your personal data stored by us insofar as processing is not required for the purpose of exercising the right of freedom of expression and information; for compliance with a legal obligation; for the performance of a task carried out in the public interest or in the exercise of official authority vested in us; or for the establishment, exercise or defense of legal claims.
  • Pursuant to Art. 18 GDPR, you have a right to restrict our use of your personal data if you contest the accuracy of the data; the processing is unlawful; we no longer need the personal data, but it is required by you for the establishment, exercise or defense of legal claims. Your right pursuant to Art. 18 GDPR remains unaffected if you have lodged an objection to data processing in accordance with Art. 21 GDPR.
  • Pursuant to Art. 20 GDPR, you have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format; you also have the right to have your data transmitted to another controller.
  • Pursuant to Art. 7 Para. 3 GDPR, you have the right to withdraw previously granted consent at any time. Consequentially, we will not be permitted to continue processing your data on the basis of your consent in the future.
  • Pursuant to Art. 77 GDPR, you have the right to lodge a complaint with a supervisory authority. You can contact the supervisory authority of the Member State of your habitual residence, place of work or place of the alleged infringement.
§ 10 Right to object

In relation to the processing of your personal data on the basis of legitimate interests in accordance with Art. 6 Para. 1 p. 1 (f) GDPR, you have the right pursuant to Art. 21 GDPR to object to your data being processed on grounds relating to your particular situation or if your objection concerns direct marketing. With regard to direct marketing, you have a general right to object without providing a specific reason and we are required to take appropriate action.

§ 11 Data safety and security measures

We undertake to protect your privacy and to treat your personal data confidentially. We have implemented extensive technological and organizational measures to prevent the manipulation, loss or misuse of your personal data stored on our servers. These measures are routinely reviewed and adapted to reflect technological developments. They include the use of acknowledged encryption methods (SSL or TLS).
Please note, however, that the structure of the internet makes it possible for persons and institutions outside of our sphere of control to disregard data protection regulations and the security measures detailed in the preceding. In particular, data that is transmitted without prior encryption – for instance by email – can be read by third parties. We have no technological influence in this regard. It is the user’s responsibility to protect the data provided by them from misuse by way of encryption or other suitable means.



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SCHUFA Clause Relating to Telecommunication Contracts

The customer hereby consents that Host Europe GmbH may forward data concerning the application for, commencement of and discontinuation of this telecommunications contract to the SCHUFA agency (Schutzgemeinschaft für allgemeine Kreditsicherung [General Credit Protection Agency]) that has jurisdiction over the customer's domicile, and further consents that Host Europe GmbH may receive information about the customer from SCHUFA.

Irrespective thereof, Host Europe GmbH shall also report to SCHUFA information arising in the event that this contract is not implemented as contractually agreed (e.g. termination owing to default in payment, application for a default summons concerning an undisputed claim, or compulsory execution measures). According to the Bundesdatenschutzgesetz [German Federal Data Protection Act], these notifications shall be given only insofar as necessary for protecting justified interests of Host Europe GmbH, a contractual partner of SCHUFA or the general public, and insofar as the customer's interests worthy of protection are not impaired as a result thereof.

SCHUFA shall store the data in order to be able to provide its affiliated credit institutions, leasing companies, retail companies, including mail-order companies and other companies that commercially provide monetary or trade credit to consumers or offer telecommunications services, with information for assessing the credit-worthiness of customers. Address details may, for the purpose of ascertaining debts, be passed on to companies that commercially collect debts and are contractually affiliated with SCHUFA. SCHUFA shall make the data available to its contractual partners only if these satisfactorily show a justified interest in having the data passed on. SCHUFA shall only pass on objective data without naming the lender; SCHUFA reports shall not include subjective value judgements or information on personal income or net worth situations.

The customer shall be entitled to receive information on its stored data from the SCHUFA agency that has jurisdiction over its domicile.

The customer hereby consents that, in the event of a change of address, the SCHUFA office that has jurisdiction over the customer's domicile may pass on the data to the SCHUFA office then having jurisdiction.

Further information on the SCHUFA procedure is contained in a brochure available from SCHUFA on request.



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