1. The User is responsible for all the contents that he keeps available or stores on Xircuit websites, apps or bots. The Supplier is not obliged to check the User’s contents for possible law violations.
2. The User undertakes to comply with all applicable regional regulations and those of the Federal Republic of Germany. This also explicitly applies to any additional legal regulations for the operation of online shops.
3. The User undertakes to change any passwords allocated to it immediately. The latter is responsible for choosing and using safe passwords. The customer must administer its passwords and any additional access data in a responsible manner and keep them secret. The latter undertakes to also pay for services used or ordered by third parties employing its access data and passwords insofar as it is responsible for these.
4. The User ensures that his domain(s) and contents are not in breach of any legal code and will not bring about any infringement on the rights of third parties.
5. The User undertakes not to make available any contents that may breach legal prohibitions, decorum (in particular pornographic, commercially erotic, racist, xenophobic, extreme right-wing, discriminating, youth-endangering, hatred-inciting or otherwise reprehensible contents) or the rights of third parties (in particular personal rights, brand rights, name rights and copyrights).
6. Should claims be made against the Supplier as co-molester or third-party molester for illegal contents provided by the User on its website, app or bot, (e.g. for cease and desist actions, cancellation, rectification, damage compensation, etc.), the User must compensate the Supplier for all costs thereby incurred. The User also undertakes to assist the Supplier in any way in defending against such claims.
7. The User undertakes to meet imprint obligations (or any other respective legal obligations in the country of use) on its own initiative.
8. The User is under obligation to protect all files and software settings that it has access to, regularly and out of its own accord. Data backups have in any way to be performed before the User makes any modifications or before the Supplier carries out any maintenance work and announced this far enough in advance.
9. The User may not dispatch e-mails of the same content in great numbers (so-called “spam”) without consent of the respective recipients via the Supplier’s systems or servers.
10. It is not permitted to use the services for the dissemination of malware or abusively acting botnets, for the dispatch of spam messages, for phishing, brand and copyright violations, for piracy, deceptive or misleading practices, counterfeiting or for any other forms of conduct that are in violation of any applicable laws.
11. On procuring and/or maintaining domains, the Supplier will solely be acting as an intermediary in the relationship between the User and the respective organisation allocating such domains (“Registrar”). The various top-level domains (e.g. “.DE“) are administered by a multitude of different, mostly national organisations. Therefore, for the registration and administration of domains the regulations of the respecting awarding authorities apply, which the Supplier shall forward to the User on request and which are also available on the Internet with the relevant allocation authority. These respective conditions are part of this contract.
12. The User undertakes to supply the correct and complete data of the domain owner (“Registrant”) and the administrative contact person (“Admin-C”) for domain registration. In any case the contact partner is Xircuit GmbH & Co. KG. Irrespective of the relevant registration terms and conditions, this always includes, beside the name, a summonable postal address (PO boxes or anonymous addresses are not permitted) as well as an e-mail address and telephone number. In case of changes, the User must update the records immediately by notifying the Supplier online and without delay.
13. After the conclusion of the contract, the Supplier will make the option available to have the desired domain registered with the responsible registrar. The Supplier is authorised to release the activation of a domain only after payment of the registration fees has been effected. The Supplier has no influence on the assignment of the domain by the respective organisation. The Supplier assumes no responsibility for the allocation of the domains applied for by the User and/or that the allocated domains are free from third-party rights or will exist forever. Any information given by the Supplier regarding the availability of a particular domain is based on the data provided by third parties and only refers to the point in time when that information was requested. The domain is assigned to the User only after the domain has been registered for the same and entered in the registrar’s database.
14. Before applying for a domain, the User makes sure that this domain does not infringe any rights of third parties or violates existing laws. The User assures that it has fulfilled this obligation and that no evidence for any legal violation has been identified.
15. Amendments to the requested domain after registration with the responsible registrar are excluded. In the event that a requested domain has been allocated otherwise, before the application was forwarded to the registrar, the User may choose another domain. This does not apply if the previous provider rejects the change in provider. In such case, the User ensures the release from the previous provider or applies to the Supplier for an additional, payable domain.
16. Insofar as single domains are cancelled by either the User or following obligatory decisions in domain disputes, the User owns no entitlement to apply for a free replacement domain.
17. For all domains registered via the Supplier, the user is entitled to change over to another provider in compliance with these General Business Terms and the regulations of the registrar, if the latter is offering the respective top level domain or if it supports the provider change consistent with the relevant circumstances and technical requirements. The contractual relationship with the Supplier is affected by such a change. To this effect, an explicit termination is necessary in each case. All declarations concerning the domains, in particular domain terminations, provider changes and domain deletions, require text form. In the event that the Supplier cannot grant the provider change (KK-request form) in time because the provider change was submitted too late by the new provider or by the User, or because the prerequisites necessary for the approval are not fulfilled, the provider is expressly entitled to have the domain deleted (CLOSE) at the relevant domain registry on the termination date. The Supplier reserves the right to accept KK-applications only after all uncontested receivables of the User have been settled.
18. The User undertakes to notify the Supplier immediately in the event that it should lose its rights to a domain registered for it.