General terms and conditions and customer information

I. General Terms and Conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to contracts that you conclude with us as a provider (Sven Barthel) via the website https://www.streampanel.net/. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is hereby objected to.

(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 Registration as a user

Registration as a user is required to book and use our services. This is free of charge and does not lead to any obligations. As part of the registration process, a user account will be set up using the e-mail address you provide and the password you choose.

§ 3 Charging credit

(1) Unless otherwise agreed, credit must be topped up in order to book and/or pay for our Internet services.

When you enter the offer to top up credit in the customer area (login), we make 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 the payment method; finally, all the 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) as a payment method, you will either be taken to the order overview page in our online store or redirected to the website of the provider of the instant payment system.
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 provider of the instant payment system or after you have been redirected back to our online store.

Before submitting the order, you have the option of checking all the details again, changing them or canceling the order.
By sending the order via the corresponding button, you declare your legally binding acceptance of the offer, whereby the contract for topping up credit is concluded.

(3) 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.

(4) The service provision (activation of the ordered credit) takes place within 2 days after conclusion of the contract (in the case of agreed advance payment only after the time of your payment instruction).

(5) The top-up credit can only be used for booking and/or paying for our Internet services.
You are entitled to a refund of the remaining credit after termination of the contract. Payment of the top-up credit during the term of the contract is excluded. For consumers, this only applies if the withdrawal period has expired or the right of withdrawal has lapsed.

§ 4 Formation 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 make 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 intended for booking are configured and stored in the "Shopping cart". You can call up the "Shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Continue to order" button (or similar), you will be asked to enter your personal details and the terms of payment. 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) as a payment method, you will either be taken to the order overview page in our online store or redirected to the website of the provider of the instant payment system.
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 provider of the instant payment system or after you have been redirected back to our online store.

Before submitting the booking, you have the option of checking all the details again here, changing them (also using the "back" function of the Internet browser) or canceling the booking.
By sending the booking via the corresponding button, you declare your legally binding acceptance of the offer, whereby the contract is concluded.

(3) Your requests for a quotation are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days (unless another period is specified in the respective offer).

(4) 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.

§ 5 Provision of services for web hosting, obligations

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

Unless otherwise agreed, the service provision (activation of the booked service package, transmission of the access data) shall take place within 2 days of conclusion of the contract (in the case of agreed advance payment, only 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 web 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 obliged to set up and manage your server in such a way that the security, integrity and availability of the networks, other servers, software and third-party data are not jeopardized. In particular, you are prohibited from using the server to send SPAM mails and (D)DoS attacks or to operate open mail relays and other systems on the server via which SPAM mails 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 the same IP address being assigned to the server for the entire term of the contract. We reserve the right to change this if technically or legally necessary 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 % on a monthly average, unless other availability is specified in the respective service offer. 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.).

§ 6 Domain administration

(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. We may also 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 issue 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 expiry of a reasonable period. 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 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 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 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) Unless otherwise stated in the respective offer, 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 data concerned to our servers again free of charge.

(5) If a certain data transfer volume (traffic) has been agreed, you are obliged to ensure that this traffic is not exceeded. Traffic is generally to be treated as "fair use".

§ 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 result in the following:

(a) incitement to commit any of the offences listed in Article 3(1)(a) to (i) of Directive (EU) 2017/541, where such material directly or indirectly, for example by glorifying terrorist acts, advocates the commission of terrorist offences with the associated risk that one or more such acts may be committed;

b) the designation of a person or a group of persons to commit or contribute to the commission of any of the offenses listed in Article 3(1)(a) to (i) of Directive (EU) 2017/541;

(c) the designation of a person or a group of persons to participate in the activities of a terrorist group within the meaning of Article 4(b) of Directive (EU) 2017/541;

(d) instruction in the making or use of explosives, firearms or other weapons or noxious or hazardous substances or instruction in other specific methods or techniques 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 offenses listed in Article 3(1)(a) to (i) of Directive (EU) 2017/541.

(3) In order to recognize 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 will be reported 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. if the removal order is issued by the competent authority, we will implement it within one hour of receipt of 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 check the content in question to determine whether it is a public dissemination of terrorist content using our services. We may use automated means for this purpose.

4. in the event that terrorist content is publicly disseminated, we take measures to prevent its dissemination as quickly as possible. In particular, we have the following measures at our disposal, which we apply at our own discretion and with due diligence:

  • Hide or remove content,
  • Deactivation of functions of our service,
  • Blocking your customer account,
  • Prevent you from accessing our services.

5. we will inform the competent authority and you immediately 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 after you have received the information pursuant to para. 3 no. 5. The complaint must be substantiated and sent by e-mail to the contact point stated in the legal notice. We will then examine the complaint and inform you of the result of our examination within two weeks of receipt of the complaint. If, after reviewing the complaint, it is determined that the measures we have taken were unlawful, we will revoke the measures and restore the content in question. If, after investigating the complaint, it turns out that the measures taken by us were 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 that is published or made accessible via your domain.

(3) Illegal contents are in particular those,

  • that violate applicable copyright, trademark and competition law,
  • the publication of which constitutes a criminal offense or an administrative offense,
  • which violate applicable data protection regulations or the obligation to provide provider identification,
  • which 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) We use the following procedure to identify illegal content and take action against the public dissemination of such content using our services:

1. users of your domain as well as third parties can inform us about suspected illegal content that is published or otherwise made accessible via your domain via the reporting system set up for this purpose. The report is made electronically to the contact point specified in the legal notice in accordance with Regulation (EU) 2022/2065, via the contact form set up by us for this purpose or via other electronic means of communication provided by us.

2. we then check whether the content in question is illegal content in accordance with paragraph 3. This check is always carried out by humans and may be carried out with the aid of automated means using algorithmic decision-making.

3. if our review reveals that the content in question is unlawful within the meaning of paragraph 3, we will take measures to prevent its dissemination as quickly as possible. In particular, we have the following measures at our disposal, which we apply at our own discretion and with due diligence:

  • Hide or remove the affected content,
  • Deactivation of functions of our service,
  • Blocking your customer account,
  • Prevent you from accessing our services,
  • Termination of the existing contractual relationship with you.

When applying the measures, we 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 within the scope of the legal obligations and provide a justification.

(5) You have the opportunity to lodge a complaint against the measures we have taken against you and to demand the restoration of removed or blocked content or the lifting of the measures taken against you. The complaint must be made within one month after you have received the information pursuant to para. 4 no. 4. The complaint must be substantiated 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 outcome of our review within two weeks of receipt of the complaint. If, after examining the complaint, it turns out that the measures we have taken were unlawful, we will repeal the measures and restore the content in question. If, after investigating the complaint, it turns out that the measures taken by us were 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 stated in the respective offer, hereinafter referred to as the "basic term". A basic term of more than 2 years cannot be agreed.
(2) If the contract is not terminated by one of the parties one month before the end of the basic term (unless a shorter period is stipulated in the respective offer), it is tacitly extended for an indefinite period.
The extended contractual relationship can be terminated at any time with a notice period of one month (unless a shorter notice 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 GTC. In the event of extraordinary termination by us, you are obliged to pay compensation.

(4) Each termination must be declared and transmitted either in text form (e.g. e-mail) or via the termination button integrated on our website ("Terminate contracts here" or similar designation).

§ 11 Special agreements on payment methods offered

(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method that is offered via "PayPal" / "PayPal Checkout", the payment will be processed via 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 to you under a correspondingly labeled button on our website and in the online ordering process. PayPal" may use other payment services for payment processing; if special payment terms apply, you will be informed of these separately. You can find more information about "PayPal" at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

(2) Payment via "Stripe"
If you select a payment method that is offered via "Stripe", the payment will be processed via 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 to you under a correspondingly labeled button on our website and in the online ordering process. Stripe" may use other payment services for payment processing; if special payment conditions apply, you will be informed of these separately. You can find more information about "Stripe" at https://stripe.com/de.

§ 12 Right of retention

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

§ 13 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.

II. customer information

1. identity of the seller

Sven Barthel
Emsdettener, Str. 10 - c/o Postflex #8949
48268 Greven
Germany
Phone: +4956432060790
E-mail: [email protected]

Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/consumers/odr.

We are willing, but not obliged, to participate in dispute resolution proceedings before consumer arbitration boards.

2. information on the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I.).

3. contract language, contract text storage

3.1 The contract language is German.

3.2 The complete text of the contract is not saved by us. Before sending the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After we have received the order, the order data, the information required by law for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.

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 methods

5.1 The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2 In cases where our service is provided in an EU member state but the payment was initiated outside the European Union, you shall bear the costs incurred for the transfer of funds (transfer or exchange rate fees of the credit institutions).

5.3 The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.

5.4 Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

5.5 With the contract confirmation or at the beginning of each subsequent billing period, you will receive an invoice from us by e-mail for the fees incurred.

6. statutory liability for defects

The statutory rights of liability for defects shall apply.

7. contract term / termination

Information on the term of the contract and the terms of termination can be found in the "Contract term / termination for subscription contracts" provision in our General Terms and Conditions (Part I) and in the respective offer.

These terms and conditions and customer information were created by the lawyers of the Händlerbund, who specialize in IT law, and are permanently checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/en/services/legal security/agb service.

last update: 22.10.2024