Terms & Conditions

Terms of Use for the Web Service D9T READY

D9T GmbH, Turmstr. 43, 89231 Neu-Ulm, Municipal Court of Ulm, HRB 722416 (hereinafter referred to as “D9T”)

As per February 18, 2016

Even if there are more interesting things- please read our legal information.

Welcome to D9T READY, a service of D9T. The present terms of use concern the contract between you, the customer and us, D9T, and apply to all contracts related to the D9T READY webservice. When you retrieve, peruse and use this website and the D9T READY services (available via d9tready.com) you confirm that you comply with the terms of use set out below and all specified contractual terms and accept them as binding. Please read these terms carefully before you read the respective websites.

IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE THE D9T READY SERVICES.

1. Scope of application, amendments

1.1. We (D9T GmbH, Turmstr. 43 in 89231 Neu-Ulm) provide our current services via D9T READY webservices on the basis of the present terms of use. In addition, our General Business Terms will apply where the present terms of use do not contain conclusive provisions.

1.2. We reserve the right to amend the terms of use observing an adequate period of notification. The amendments will be reported to you per e-mail or upon log-in and are regarded as agreed on where you fail to object to them within four weeks. We will inform you of this again in the notice.

1.3. Where we operate or install software from other products, in particular open source software such as LINUX, there license terms will prevail and are also to be complied with by you when using our services. You will be obligated to observe and comply with the terms of the licensing contract and copyright of the respective provider.

2. Definition of terms

Application

An application is a complete, virtualized Linux system (“Server”) with its own place on the harddrive and frequently software that we have pre-installed. An application can be generated, started, stopped and deleted. After the start-up an application is described as “active” and its mere existence as “inactive”.

Through its existence (also “inactive”) an application incurs costs for the harddrive storage used by D9T READY, and when it is “active” additional costs due to the work storage being taken up, which are debited at hourly intervals from your account.

Account

The account is a prepaid account via which the menu item “subscription” can be uploaded.

Credit limit

Every user is being conceded a credit limit.

The credit limit is an overdraft limit for the account for payment of the harddrive storage for applications where the account is not sufficiently covered.

The credit limit is used where there are not sufficient funds on the account for payment of the current application costs.

Possible situation descriptions:

Credits on account

The applications can be generated and actively operated (started up).

Credits on account used up, credit limit exists

Active applications will be suspended.

Applications can no longer be generated or actively operated.

The harddrive storage of the applications will be retained.

Credits on account used up, credit limit exhausted

Applications will be permanently deleted.

Replenishing the credits

When replenishing the account, any credit limit will be used first and the remaining amount will be credited to replenish the account.

3. Registration, Conclusion of Contract

3.1. Upon registration you will be obligated to provide only truthful information and to continuously update it. You may update the information yourself in your user account. Please be advised that you may also receive legal declarations within the scope of the present user contract per e-mail and for this reason the e-mail address specified by you needs to be current.

3.2. We will confirm the registration by sending you a confirmation to the specified e-mail address.

3.3. Upon acceptance of the present terms of use through ticking the box within the scope of registration the user contract will be concluded.

3.4. Customer’s right of revocation. Where the customer is a consumer (§ 13 BGB) the following will apply:

Notice of revocation:

Right of revocation

You have the right to revoke the contract without specifying reasons within fourteen days.

The revocation notice period is fourteen days after the date on which you or a third party specified by you received a confirmation e-mail. In order to exercise your right of revocation you need to inform us:

D9T GmbH, Turmstr. 43, 89231 Neu-Ulm

E-mail: info@d9tready.com

via a clear declaration (e.g. a mailed letter or e-mail) of your decision to revoke the contract.

For this purpose you may use the attached sample revocation form, which, however, is not prescribed. In order to comply with the revocation deadline it is sufficient for you to send the notification of the exercise of the right of revocation before lapse of the revocation deadline.

Consequences of revocation

If you revoke the present contract we will be obligated to immediately reimburse you for all payments received by us from you, but by the latest within fourteen days after receipt of your declaration of revocation. For the reimbursement we will use the same mode of payment used by you for the original transaction unless otherwise expressly agreed on with you; in no case will we charge fees for this reimbursement.

Special notice

Your right of revocation will expire prematurely where the contract has been fully performed by both parties at the request of both parties before you have exercised your right of revocation and/or you have already used applications.

3.4. Upon registration a “user account” will be set up which you can activate using the link in the confirmation e-mail. You can inspect and change your registration data on your user account. The services chosen by you will be shown on your user account and you can inspect, print out and download the terms of contract and use accepted by you and/or the declarations of consent submitted by you.

3.5. As soon as your user account is activated the services chosen by you will also be activated. After this you can register for other current services offered by us using your log-in data. Where the registration is subject to further conditions you will be expressly notified of this prior to registration. There are two possibilities for access to the services of D9T READY: Direct access to an alias port on the host operating the application (e.g http://s2.d9tready.com:11000/) or a subdomain of d9tready.com (*.*.d9tready.com), mapped on an internal port of the application. Either of these allocations may be changed by D9T at any time. The respective current allocation can be viewed via the

D9T READY web-interface. We will make changes or allocations only on relevant grounds. Normally, the allocations will remain as defined. Relevant grounds are e.g. troubleshooting or migrations of applications to other hosts such as resource bottlenecks.

3.6. Your access will not entitle you to receipt of specific services but offers you the possibility of registering for the services being offered. The services are being offered in the respective current form. We will make any necessary changes to or adjustment of the services so as to prevent any impairment of the operation of the services as far as possible.

3.7. Contents, applications or other applications being used without our trademark or company name and/or with a third party’s company name or logo are from the company as labeled, not from us. We only guarantee access to these contents and applications. We will not assume liability for third party contents which we have not expressly appropriated. The same will apply to contributions which clearly come from another user (e.g. statements by a user in the chatroom).We are not responsible for such contents, nor are we appropriating them. If you believe that your rights are being breached through such contents, please notify us at info@d9tready.com mit. In the case of founded suspicion of a violation we will immediately block the content and take further necessary steps. However, the reporting function must not be abused for harming other service users.

3.8. We maintain sufficient server resources for an anticipated workload. Should too many applications be unforeseeably generated or started up there may be restricted accessibility which we will rectify as soon as possible. Poor performance and also errors when starting the application are indications of such bottlenecks. There can be no guarantee that the applications will always be available with the same performance. Rather, the performance of the application strongly depends on the general user conduct of the other users.

3.9. Please be advised that technical components and terms not from our sources may cause trouble or failure. We make every effort to prevent this from occurring. The internal operability of the machines, not their external accessibility is decisive for the operating hours.

3.10. For the security of the network operator, for maintenance of network integrity, of interoperability of the services and data protection we perform regular maintenance work on our systems. In this context we may temporarily suspend or restrict our services, taking your interests into account if necessary. We will perform this work in periods of low use as far as possible. Should it be necessary to temporarily suspend or restrict services for a longer period of time we will inform you of the type, extent and duration of the impairment, where possible.

3.11. Where necessary and reasonable, you will participate in the changes e.g. through re-entry of access data or the adjustment of your systems.

3.12. For example, we can re-start the services for maintenance purposes at any time. You can ensure that everything is functioning flawlessly after a re-start by adjusting and testing the configuration.

3.13. We conduct regular backups for internal repair measures. These backups are exclusively for “disaster recovery measures” for our use. No individual customer applications can be restored. In order to guarantee unimpaired use you must insure a regular backup of the customer application.

4. Term of the Contract, Termination Prepaid Account

4.1. Upon commencement of the contract D9T will set up a prepaid account (credit account) for you which starts with the amount paid-in by you at the conclusion of the contract. Any registration bonus and/or credit limit will be recorded upon registration.

4.2. You can view your account at any time in your personal area. We will debit the fees for the services used from the account, reducing your account.

4.3. For the uninterrupted use of your services please ensure that there are sufficient funds on your account.

4.4. Period of use: In the period of use you can use the contractual services provided that the account has sufficient credit for the service. Where the credits on the account are not sufficient for payment of one or several services upon settlement in the next interval the period of use for the respective services will terminate upon expiration of the interval already paid for. As soon as the account is not sufficiently covered you will receive an e-mail (reminder e-mail) requesting you to replenish your account or to secure your data or to remove it from our servers.

4.5. Credit limit: Where the minimum credits on the account are not attained for the following interval despite the reminder e-mail the period of use will be terminated. In this case you may be conceded a credit limit but all active services will be de-activated. In this way, you my keep the services in the deactivated form for a specific period, but you may not actively use them. In order to re-start the services the balance must be compensated and the credits paid into the account.

4.6. The right to exceptional termination on a relevant ground (§ 314 BGB) will remain unaffected for both parties. Exceptional termination must be in writing in every case.

5. Customer’s duties/obligations

5.1. You are obligated to provide complete and correct information necessary for performance of the contract and services and to immediately report any changes. This applies especially to your address information and e-mail address. You must ensure that the specified e-mail address can receive e-mails from us at any time.

Changes can be made directly via your account.

You must ensure there are sufficient funds on your account so that you do not fall under the credit limit and your applications are stopped or deleted.

5.2. You are obligated to set up your systems and programs in such a way that the integrity, accessibility or safety of the infrastructure we use for our services is not impaired. Where your systems act or react in a way that deviates from the normal operational behavior, impairing the integrity, accessibility or security of our infrastructure we may fully or partially block your services.

5.3. You are obligated to regularly change your passwords and to carefully manage your access data and keep them secret. Services ordered and used by third parties through theft of your identity must be paid by you if you are responsible. You must inform us immediately if you become aware that unauthorized third parties know your password.

5.4. Please be advised that you are responsible for securing your data at regular intervals. Data deposited on our servers may not be stored on these securely. Before starting work on the computer system and installing software, please carry out a complete backup of data. Before the operational use of a program you should check thoroughly that it is free of defects and is useable in the specific situation.

5.5. You are responsible for ensuring that your domain(s) and your contents does/do not infringe any legal provisions or third party rights. In particular you are obligated not to place any contents or information online which infringe legal provisions, privacy rights and/or third party protection rights or which is unethical. Where there is a conflict we have the right to return domain names and e-mail addresses to the respective relevant registration body.

5.6. Illegal use: you will be obligated not to impair the safety or stability of our or our customer’s system. Breaches of systems and network safety constitute breaches of contract for which you will be liable. You will be in particular obligated not to strain the network with the random or improper dissemination of data, especially not to send e-mail containing advertisements without the consent of the respective recipient of the e-mail (prohibition of spamming);

- to ensure that the scripts and programs used on our servers are free of defects which could impair our performance of our services.

- to inform all parties able to use our services to comply with these duties.

Where we become aware of legal violations, illegal use or risks we will normally respond with the following measures:- where third parties credibly report that the contents of a website or domain infringe their rights or on the basis of objective indications it seems probable that legal provisions are being violated by the domains or contents we may temporarily block the website for the duration of the legal infringement or dispute with the third party regarding the legal infringement.

- Where contents contributed by you violate applicable laws we can block your account without prior notice and terminate the contract exceptionally without notice. In such a case, the customer cannot be reimbursed for pro rata user fees.

- We have the right to block the account in the case of illegal use or without notice where this is necessary for ensuring the security and stability of the system.

5.7. You are obligated to retrieve notification e-mails from D9T READY concerning your user account at D9T READY at regular intervals and to store them on your own computers.

6. Data use /Data protection

We record and process data within the scope of the legal data protection regulations. Information can be found in the data protection declaration.

7. Liability

7.1. We exclude liability for breaches of duty under minor negligence provided that these are not cardinal contractual duties, damage arising from injury to life, limb or health or infringement of guarantees or concerning claims according to the Product Liability Act. The same will apply to breaches of duty by our vicarious agents.

7.2. Where we or one of our vicarious agents breaches a cardinal contractual duty in a way jeopardizing the purpose of the contract liability will be limited to the typical damage which we were able to reasonably foresee upon conclusion of the contract unless the breach of duty is premature or gross negligent.

7.3. We do not assume liability for loss of data not caused by our services.

8. Place of jurisdiction and choice of law

The laws of the Federal Republic of Germany apply to the present GBT, other contracts as well as to the business relations concluded between the contractual parties. The place of jurisdiction is Ulm, to the extent that this can be legally agreed on. Other national laws as well as international sales law is excluded.

9. Miscellaneous/Final Provisions

Should individual terms of the present terms of use be or become wholly or partially invalid this will not affect the validity of the remaining terms of the contract. The parties to the contract will be obligated to replace the invalid or void clauses by such which come as close as possible in a valid way to the economic purpose of the invalid or void clause. This will also apply in the cases of gaps in the terms of use, the General Business Terms and in the contracts.

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