General terms and conditions and customer information

I. General Terms and Conditions

§1 Basic provisions

(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Sven Barthel) via the www.streampanel.net website. Unless otherwise agreed, the inclusion of any of your own terms and conditions 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 can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity.

§2 Formation of the contract

(1) We provide you with various Internet services, in particular web hosting, server hosting, stream server hosting and domains. The scope of services results from the service package booked by you and the service description given for this on our website.

(2) By placing the respective service offer on our website, we submit to you a binding offer to conclude a contract under the conditions specified in the service description.

(3) The contract is concluded via the online shopping cart system as follows:

The goods intended for purchase are stored in the "shopping cart". Using the corresponding button in the navigation bar, you can call up the "shopping cart" and make changes there at any time.

After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, all order data is finally displayed again on the order overview page.

If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofort) as a payment method, you will either be taken to the order overview page in our online store or you will first be 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, you will be redirected back to our online store to the order summary page.

Before sending the order, you have the opportunity to check all the information again, change it (also using the "back" function of the Internet browser) or cancel the purchase.

By sending the order via the button "order with costs" you declare the legally binding acceptance of the offer, whereby the contract is concluded.

(4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§3 Service provision for web hosting and server hosting, obligations

(1) Our service obligations result from the service description of the respective web hosting or server hosting offer.

The service provision (activation of the booked service package, transmission of the access data) takes place, unless otherwise agreed, within 1 - 2 days after the time of your payment instruction.

(2) Insofar as we grant you full and sole administration rights on the servers provided as part of the server hosting, you are solely and exclusively responsible for the administration and security of your server.

You are obligated to install necessary security software, to constantly inform yourself about security gaps 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 obligated to set up and manage your server in such a way that the security, integrity and availability of the networks, other servers, software and data of third parties are not jeopardized.

In particular, you are prohibited from using the server for sending SPAM mails and (d)DOS attacks or from operating open mail relays and other systems on the server through which SPAM mails and (d)DOS attacks can be spread.

In case of violations, we reserve the right to disconnect the server from the network without prior notice and to terminate the contract without notice.

(5) Unless separately agreed, 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 in case of technical or legal necessity 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 respective state of the art and to notify you in good time of any additional requirements that this may impose on the content you store on our servers. We undertake to make such adjustments only to an extent that is reasonable for you and in consideration of your interests.

(7) We provide our services with an availability of 99.99 % on a monthly average, unless a different availability is specified in the respective service offering. Downtimes due to regular or sporadic maintenance are included in this.

This does not apply to times when the server cannot be reached due to technical or other problems beyond our control (force majeure, fault of third parties, etc.).

§4 Domain management

(1) When procuring and/or maintaining domains, we will only act as an intermediary between you and the registries. In doing so, we owe the creation and transmission of a fully completed application for registration of the domains desired by you according to the specifications of the respective registry (e.g. Denic eG).

No guarantee can be given for the transfer, the allocation or the permanent existence of domains in your favor, the registration conditions of the registries apply in this context.

You guarantee that the domain applied for by you or already registered for you does not violate any rights of third parties. You are further obligated 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 according to clause 5. of our customer information (part II). Likewise, we may refuse to release the domain after termination of the contract until you have fulfilled all payment obligations to us under the contract.

(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 expiration of a reasonable period of time. The same applies if a release of the domain can be refused by us according to § 5 para. 2 of the GTC.

§5 Provision of services for other Internet services

Insofar as other Internet services are the subject of the contract, we owe the individual services resulting from the offer description.

The service provision (activation of the booked service package, transmission of the access data) takes place, unless otherwise agreed, within 1 - 2 days after the time of your payment instruction.

§6 Further Obligations on your part

(1) You must inform us immediately of any change in the data required for the performance of the contract. Passwords and other access data must be kept strictly secret.

(2) You are obligated to design your domain and the content that can be accessed under it in such a way that an excessive load on our servers is avoided, e.g. through scripts that require a high level of computing power or use an above-average amount of RAM.
We are entitled to exclude Internet pages or servers that do not meet the above requirements from access by you or by third parties. You will be informed of such a measure immediately.

(3) You guarantee that your domains and the content accessible under them do not violate any legal regulations or morality and do not infringe the rights of third parties. This applies in particular to the legal regulations on provider identification, copyright, trademark, personal and other property rights, distance selling law, competition law, criminal law and data protection law.

We are not obligated to check your domains and the content accessible under them for possible legal violations. After detecting 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) You must create backup copies of all data that you transfer to our servers on separate data carriers yourself. We are not responsible for the creation of backup copies. In the event of data loss, you will transfer the relevant data files to our servers again free of charge.

§7 Contract term, termination

(1) The contract concluded between you and us has the agreed term. If the contract is not terminated by you in text form (e.g. by e-mail, customer center) before the end of the contract (without notice), it shall be tacitly extended by the agreed basic term in each case. If the basic term is more than one year, however, the contract shall be extended by only one year at a time.

(2) The right to terminate without notice for good cause shall remain unaffected.
In particular, we have an extraordinary right of termination in the event of repeated violations of your obligations under § 4 (2) to (4) and § 7 of the GTC. You are obligated to pay damages in the event of an extraordinary termination by us.

§8 Loyalty points

Depending on the product, we grant you so-called loyalty points, which you can convert into credit at any time. Unredeemed loyalty points expire automatically after 365 days. Loyalty points cannot be cashed out. Under certain circumstances, such as custom products, we do not usually grant loyalty points. We also reserve the right to discontinue or modify the program in whole or in part at any time.

§8 Invoicing

Invoicing is exclusively digital in nature. Invoicing by mail is generally excluded. Older invoices can be retrieved at any time in the customer center.

§10 Right of retention

You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

§11 Choice of law

(1) German law shall apply. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn as a result (favorability principle).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

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II. customer information

1. identity of the provider

Sven Barthel
Bahnhofstr. 16
44623 Herne
Germany
Phone: 02323 / 899 9 972
E-mail: [email protected] or [email protected]

General terms and conditions and customer information

ITS