General Terms and Conditions of iS-Fun Internet Services GmbH

Scope

1. The terms and conditions of iS-Fun apply to all one-time and ongoing services of iS-Fun and its legal successors within the scope of their entire business activity and regardless of the contractual classification. They shall also apply to all future business relationships, without the need for a further express inclusion, insofar iS-Fun's terms and conditions shall always form the basis for their actions. These conditions are considered accepted at the latest with the first use of the services of iS-Fun.
2. These terms and conditions also apply to the legal successor of the client, even if no express inclusion is made by contracts between the client and his legal successors.
3. Deviations from these terms and conditions are only effective if and insofar as they are accepted in writing by iS-Fun. Employees of iS-Fun are not authorized to make verbal collateral agreements or verbal assurances that go beyond the contents of the written contract.
4. Terms and conditions of the client and/or priority of special agreements by the successors apply only if they are included in the product description or have been included in writing in the contract.
   These terms and conditions refer to terms and conditions of third parties which may be binding on the client.

Server housing

1. Within the framework of the "Server housing" service offered by iS-Fun, the client has the option to participate in the use of the Internet infrastructure of iS-Fun. The provision of the server by the client establishes iS-Fun’s right of lien on the item.
2. iS-Fun is not responsible for service delays and failures due to events which are beyond the control of iS-Fun and which make the service significantly more difficult or impossible, such as failures or disruptions in the area of the physical networks of the operators. In such cases, iS-Fun is entitled to postpone the service for the duration of the hindrance plus a reasonable start-up time, or to withdraw from the contract in whole or in part due to the part not yet fulfilled.
3. Claims for damages arising from impossibility, positive breach of contract, culpa in contrahendo, and tort, for example as a result of theft, fire, water or overvoltage damage, are excluded against both iS-Fun and iS-Fun's vicarious agents, unless intentional or grossly negligent action is involved.
4. In the event of complete or partial default of payment by the client for 2 accounting periods, iS-Fun is entitled to block the connections and/or make use of the lien on the client's server.

Newsletter and email servicess

1. The sender must be clearly identifiable when sending an advertising email. Every email sent must contain an easily identifiable legal notice in the email text. A link to a website is not sufficient. The legal notice must contain the following information:
   1. the name and address under which the sender is established, and in the case of legal entities, also the legal form, the authorized representative and the commercial register, association register, partnership register or cooperative register in which they are registered, along with the corresponding registration number;
   2. contact information, at least a valid telephone number or an electronic contact form, and
   3. an email address and
   4. the VAT identification number according to § 27a of the Value Added Tax Act or the economic identification number according to § 139c of the Tax Code, if existent.
      Further information requirements according to § 5 sec. 1 of the Telemedia Act (TMG) remain unaffected.
2. Emails are only to be sent to addressees who have given their consent (Opt-IN) or are in existing client relationships with the advertiser and who have complied with the requirements of Article 13 para. 2 of the Directive on privacy and electronic communications 2002/58/EC of the European Parliament and of the Council of 12 July 2002. In this context, the user is expressly recommended to implement the collection of user data via the Internet, preferably via the so-called double-opt-in procedure.
3. addressee must either tick/click a box or otherwise submit a similarly unambiguous declaration of consent by email. This declaration may not be part of other declarations (e.g. consent to the validity of general terms and conditions).
4. The addressees must actively give their consent through a conscious act. Any previously ticked/clicked checkboxes may not be used.
5. The possibility of revoking permission to send emails shall be indicated in every email. References to this possibility must be included in every message sent. The recipient must be able to unsubscribe from emails without knowledge of access data (e.g. login and password). Exceptions to this may be permitted in individual cases if a different handling is required due to special features of the service offered. Unsubscriptions are to be processed immediately.
6. The customer must remove email addresses of the Internet service providers involved from the mailing list if hard bounces occurred after mails were sent to these addresses. Overall, the hard bounce rate must not exceed 1% on average in one month. Within this framework, short-term transgressions, e. g. due to the use of previously unused email addresses, are permitted.
7. The customer has to name a contact person with phone number and email address for complaints. The response time must not exceed 24 hours on workdays.
8. Neither the sender nor the commercial character of the message may be concealed in the header and subject line of the e-mail. Disguising or concealment occurs when the header and subject line are intentionally designed in such a way that the recipient does not receive any or misleading information about the actual identity of the sender or the commercial character of the message before consulting the actual content of the communication.
9. When using email addresses which the sender or his customers have acquired from third parties, the sender or his customer is obliged to ensure before carrying out advertising campaigns that only those recipients are contacted who have given their consent according to these acceptance criteria, which not only refers to the dispatch by a third party but also by the sender or his customer.
10. The acquisition of address data for third parties (e.g. through co-sponsoring) must be transparent to the user. In particular, address data obtained in this way may only be used for sending if, at the time of collection, the following conditions are met:
    1. the companies for which the address data was generated were named individually, transparently, by name, and by indication of branch of industry,
    2. it was easy and clearly possible for the user to take note of the list of companies, and
    3. the number of companies or persons for whom the address data has been collected has been reduced to a level that excludes the forwarding of user data to a disproportionately large circle of third parties and allows the user to easily understand the scope and extent of his consent and to easily control the lawful handling of his data.
       To clarify, it should be noted that the companies for which the address data is generated may not disclose or forward this address data to third parties without the user’s separate consent.

Offers

1. Offers submitted to the client by iS-Fun are always non-binding and subject to alteration. Contracts are only concluded through written confirmation by iS-Fun or through execution of the service. Verbal agreements become effective only after written confirmation by iS-Fun.
2. In case of doubt, the prices for iS-Fun's services are determined according to the price conditions valid at the time of the conclusion of the contract.
3. In the case of continuing obligations, iS-Fun reserves the right to change prices and terms and conditions with a reasonable period of time. If the client does not object to the notification within 4 weeks, the changes shall be deemed approved. If the client objects within the time limit, iS-Fun can terminate the contractual relationship with a notice period of 4 weeks.

Termination of contract

1. In the case of continuing obligations without a minimum term, the contractional relationship can be terminated by either party with a notice period of 3 months.
2. In the case of continuing obligations with a minimum term, ordinary termination is possible for both parties at the earliest at the end of the minimum term. The termination notice must be received by the recipient of said termination notice at least six weeks before the day on which it is to take effect.
3. The right of the contracting parties to terminate the respective contractual relationship prematurely for good cause remains unaffected.
4. iS-Fun can declare the extraordinary termination of the contract if the client is in default with the payment of two monthly service flat-rate fees or a significant portion of two monthly invoices.
5. The termination must be submitted in written form. For security and authentication reasons, we recommend that you terminate your contract via our customer portal https://my.is-fun.de. Whether the contract has been terminated in time is dependent on the receipt of the notice of termination by either iS-Fun or the client.
6. The termination of the contractual relationship for one service does not affect all other contractual relationships between the contracting parties.
7. If the contractual relationship is terminated by the client during the existing contractual relationship contrary to the contractually agreed notice periods, the client shall be liable for the damage incurred by iS-Fun by the premature termination of the continuing obligation, up to the expiry of the agreed contractual term.

Terms of payment, delivery of goods

1. All services provided or set up by iS-Fun in accordance with the contract are to be paid regardless of whether they are used by the client or not. A refund or reduction of the payment obligation due to non-utilization is not possible.
2. iS-Fun may make invoices to the client payable at a certain calendar date. Invoices are due immediately upon receipt by the client without any deductions. An invoice is deemed to have been received on the second day after being sent by iS-Fun, regardless of whether it was sent by post, fax or e-mail. An additional reminder to give notice of default is not required.
3. iS-Fun may at any time make the provision of services for the client dependent on a prepayment or a declaration of surety from a bank. iS-Fun may also demand a reasonable advance payment.
4. In the case of continuing obligations, service charges shall be paid pro-rata for the remainder of the month, starting on the day the service is provided. Thereafter, these fees are to be paid monthly in advance on the first of each month. The client is obligated to grant iS-Fun a direct debit authorization on the request of iS-Fun. Fees for parts of a calendar month are charged for each day at 1/30 of the monthly fee.
5. Other fees are to be paid after the provision of the service, irrespective of an advance payment obligation. iS-Fun may, however, add a surcharge for additional effort to the service charges for the following month, based on the previous month's charge (upgrade). Any underconsumption will be charged in the subsequent invoice and the volume scale will be downgraded.
6. Objections to invoices made by iS-Fun are to be raised immediately upon receipt of the invoice, but no later than 6 weeks after the date of the invoice, without, however, affecting the due date. Failure to raise objections in due time shall be deemed approval.
7. Delivered goods remain the property of iS-Fun until full payment of the purchase price; pledging or assignment as security is not permitted. Processing or transformation shall always take place for iS-Fun as a manufacturer, but without obligations for iS-Fun. If the (co-)ownership of iS-Fun expires due to fusion or sale, it shall be deemed agreed that the resulting claims of the client - in the case of fusion in proportion to the value - shall be transferred to iS-Fun. iS-Fun reserves the right to cancel the assignment by declaration to the client. The risk passes over upon notification of readiness for delivery or as soon as the goods have left the business premises of iS-Fun for the purpose of dispatch. iS-Fun shall be entitled to make partial deliveries and render partial services if such is not obviously of no interest to the client.

Default of payment

1. If the client is in default of payment, iS-Fun is entitled to refuse to render further services - if necessary also from other contracts - without prejudice to the client's payment obligations.
2. In the case of default of payment, iS-Fun is also entitled to charge interest of 5% above the LRG rate of the European Central Bank from the relevant point in time, unless iS-Fun proves higher damages or the client proves lower damages. The client shall reimburse iS-Fun in full for the costs incurred for each debit note not redeemed or returned. iS-Fun may demand a flat-rate fee of EUR 7.50 for the expenses incurred without submitting a damage/expense statement.
3. If the client defaults for two consecutive months with the payment of the fees or a significant part of the fees, or, in a period extending over more than two months, with the payment of the fees equal to the basic monthly fee for two months, iS-Fun may terminate the contractual relationship without observing a period of notice.
4. In the case of default of payment for a significant part of the invoice amount or if iS-Fun's payment claim is at risk due to a deterioration in the client's financial circumstances within the meaning of § 321 BGB, iS-Fun is entitled to demand immediate payment of all claims.
   iS-Fun reserves the right to assert further claims due to a default of payment.

Privacy, non-disclosure and data protection

1. The client is hereby informed in accordance with § 33 para. 1 of the Federal Data Protection Act and § 4 of the Teleservices Data Protection Act that iS-Fun processes his personal data, or more specifically, his company and address, in machine-readable form and for tasks arising from the contract.
2. iS-Fun undertakes to keep secret all information and documents which are available to iS-Fun in connection with the conclusion of the contract and which are designated as confidential or are clearly recognizable, under other circumstances, as trade secrets of the client, and not to record them, pass them on or exploit them – unless this is necessary to achieve the purpose of the contract iS-Fun has ensured through appropriate contractual agreements with its employees and/or agents working for iS-Fun that they also refrain from using, disclosing or unauthorizedly recording such trade secrets.
3. Appropriate obligations apply to the client with respect to trade secrets of iS-Fun, in particular also to ideas and concepts brought to knowledge during the development phase/cooperation.
4. iS-Fun and the client make sure that especially their representatives or vicarious agents also maintain data secrecy beyond the rules proposed above.

Limitation of liability

1. Claims for damages arising from impossibility of performance, positive breach of contract, culpa in contrahendo and tort are excluded both against iS-Fun and in relation to their vicarious agents, unless intentional or grossly negligent action is present.
2. iS-Fun is not liable for the information transmitted through its services, neither for their completeness, accuracy or actuality, nor for the fact that they are free of the rights of third parties, or that the sender acts unlawfully by transmitting the information.
3. If a damage-causing event has occurred on transmission paths or facilities of a third-party carrier or host, iS-Fun shall assign all resulting claims to the client.
4. iS-Fun is not responsible for delays of performance due to force majeure and due to events that make it significantly more difficult or impossible for iS-Fun to provide its services - including, but not limited to, strikes, lockouts, governmental orders, failure of communication networks and gateways of other operators, disruptions in the services of third-party carriers, even if they occur with suppliers or subcontractors of iS-Fun or their subsuppliers, subcontractors or with the operators of sub-node computers authorized by iS-Fun - even in the case of bindingly agreed deadlines and dates. These entitle iS-Fun to postpone the performance for the duration of the delay, plus a reasonable start-up time, if necessary. Otherwise, there is a case of impossibility.
5. Unless other provisions in these terms and conditions exclude liability, the liability is limited to 1,500.00 EUR (unless intent or gross negligence is involved) for damages caused by the use of iS-Fun services through the transmission and storage of data, and in case of damages that occurred because the required storage or transmission of data was not carried out by iS-Fun.
6. Liability for damages caused by the use of hardware or software supplied or installed by iS-Fun is limited to 1,500.00 EUR, unless intent or gross negligence is involved.
7. The client is aware that due to maintenance, restructuring or other work on technical facilities, the scope of services may be temporally limited or unavailable. iS-Fun endeavors, as far as possible, but cannot guarantee, to carry out such performance restrictions at the time in which, based on experience, the performance is regularly not used to a great extent.

Right of set-off, reduction and retention, reimbursement

1. The client can only offset claims of iS-Fun against undisputed or legally established claims. The client is only entitled to assert a right of retention on the basis of counterclaims arising from this contract.
2. If a significant obstruction lasts longer than two weeks, the customer is entitled to reduce the monthly fees accordingly from the time the obstruction occurs until the next termination date. A significant obstruction exists in particular if:
   • the customer no longer has access to the iS-Fun infrastructure and therefore can no longer use the services listed in the order confirmation,
   • the use of these services is made considerably more difficult overall or the use of individual services listed in the order confirmation becomes impossible,
   or comparable restrictions exist.
3. In the event of service failures due to a fault outside iS-Fun's area of responsibility, no reimbursement of fees will be made. Furthermore, downtimes will only be reimbursed if iS-Fun or one of its vicarious agents has caused the error at least negligently and if the downtime exceeds two working days.
4. If the client claims that services charged to him have not been caused by him or third parties for whom he is responsible, he must prove this.

Warranty

1. In the event of warranty, iS-Fun has the right to repair and/or replacement. If this does not succeed within a reasonable period of time and if it fails within a further reasonable period of grace set by the client to iS-Fun, the client is entitled to the statutory warranty rights in accordance with iS-Fun’s terms and conditions.
2. iS-Fun must be notified of warranty claims regularly and without delay, but always in writing and stating the specific circumstances of the occurrence of the faults complained of and the consequences. iS-Fun may make its remedial actions dependent on the above conditions. The client shall use any fault reporting forms provided by iS-Fun.
3. The warranty period begins with the (partial) acceptance, in other cases as regulated by law. The warranty period is 6 months unless otherwise agreed in writing.

Place of Jurisdiction and general terms and conditions

1. For all disputes arising directly or indirectly from the contractual relationship, the sole place of jurisdiction is the court of jurisdiction resulting from the registered office of iS-Fun. However, iS-Fun is also entitled to sue at the client's place of business./li>
2. Place of performance is the registered office of iS-Fun. Emails are deemed to have been delivered if they have been accepted by the mail server of the addressee. Encryption or signature of the messages and data is only carried out upon express written agreement.
3. This contract is subject to German law, in particular, UrhG (Copyright Act), BGB (German Civil Code), and HGB (German Commercial Code). The application of the Vienna UN Convention on Contracts for the International Sale of Goods is excluded.

Special Provisions for Internet Services

The scope of iS-Fun

1. During the contract term...
   The defense of the aforementioned legal positions against attacks by third parties is the responsibility of the client or a third party attributable to him. However, iS-Fun may, by making a declaration to the client, take over the defense in whole or in part. iS-Fun shall decide on the cost burden of any non-refundable defense measures at its reasonable discretion, which can be reviewed by the client at the court of the company's registered office upon request.
   A registration of second-level Internet domains is only mediated by iS-Fun on behalf of the client. In case of doubt, the (legal) representative of the client is named 'admin-c'.
   When domains are registered, a contractual relationship is always established between the client and the respective awarding authority for the purposes of the present contract, based on their respective publicly accessible allocation guidelines and/or general terms and conditions.
   iS-Fun performs the necessary actions for registration within the framework of an automated procedure. iS-Fun transmits the technically and legally necessary data according to the respective registration regulations to the awarding authority. These will be made publicly accessible (only in part if necessary) in accordance with established practice within the framework of the TLD Registry (respective whois database).
   If the client himself only acts on behalf of his customer, he is obligated to inform his customers that the domain registration contract is concluded directly between the customer and the awarding authority.
   The client shall forward to iS-Fun or the awarding authority any notifications and inquiries from iS-Fun or the awarding authority, individual notifications immediately, others within a reasonable period of time to the customer. He shall keep the registration documents available in a verifiable form for the duration of the contract between the awarding authority and the customer and observe the legal retention periods in compliance with data protection regulations. On request, the client shall hand over the registration documents to iS-Fun or the awarding authority.
   Changes to the inventory data of a domain are regularly carried out only at the postal-written request of the domain owner or his authorized representative. iS-Fun also provides its services on the basis of the use of third-party transfer channels.
2. At the end of the contract...
   iS-Fun will only carry out a (subject to payment) data backup of any remaining data on special request by the client.
   Unless the client does not make any other notification, the data stocks are regularly deleted, which have been left by the client on the servers provided by iS-Fun for the fulfilment of its performance obligation. The same applies to any email addresses that have been set up.

The scope of the client

1. Before the contract period...
   the client is obligated to inform iS-Fun immediately if he is unable to inspect the relevant provisions of the registries for domain registration or to notify iS-Fun accordingly. Award regulations contain partially binding arbitration rules and other important regulations.
2. During the contract period...
   the client is responsible for checking the status of his registration at all times and to carry out the necessary actions for the fulfillment of the registration contract in time, insofar rights and obligations exist only between the client and the awarding authority. iS-Fun can only be contractually obliged to exercise individual rights and obligations for the client.
   The client is obliged to use the services of iS-Fun properly. He is also obliged in particular to
   • inform iS-Fun immediately if the prerequisites for any agreed tariff reductions no longer apply (elementary obligation);
   • ensure that the network infrastructure or parts thereof are not overloaded by excessive use (elementary obligation);
   • not misuse the accessibility to iS-Fun services and to refrain from illegal activities; this also includes the provision to be taken by the client that the use of the services provided by iS-Fun does not violate protective laws in favor of third parties, as well as criminal and regulatory provisions (elementary obligation);
   • allow iS-Fun to install technical equipment insofar as this is necessary for the use of is-Fun services, and installations are not carried out by the client himself;
   • inform iS-Fun which technical equipment will be used to participate in the services of iS-Fun;
   • ensure compliance with legal and regulatory requirements and to take care of the granting of official permits, to the extent that these should be required at present or in the future to participate in the services of iS-Fun;
   • take into account the accepted principles of data security, in particular, to keep passwords secret or to change them immediately, or to initiate changes if it is suspected that unauthorized third parties have gained knowledge thereof
   • notify iS-Fun immediately of any visible defects or damages (fault report);
   • take all reasonable measures and, if necessary, to provide information which enable the defects or damages and their causes to be ascertained or which facilitate and accelerate the elimination of the fault;
   • reimburse iS-Fun for the expenses incurred by inspection of its equipment after the submission of a fault report, if and to the extent that the inspection reveals that a fault existed within the area of responsibility of the client.
   If the client violates the obligations designated as 'elementary', iS-Fun is entitled to terminate the contractual relationship without notice immediately and in all other cases after an unsuccessful warning.
   Insofar as the client makes use of services provided by iS-Fun which are used jointly by different clients, iS-Fun can regulate details of the interaction of the users with each other by means of user regulations. Violations of essential provisions of these user regulations entitle iS-Fun to terminate the contractual relationship without notice after an unsuccessful warning.
   If the provision of webspace is the subject of a performance or service of iS-Fun, the client is obliged to
   • use the service provided by iS-Fun only within the scope of general freedom of action, i.e., in particular, to comply with the constitutional order and not to violate the rights of third parties (for example by breach of privacy), and not to provide any information with illegal or immoral content. This includes, in particular, information that incites racial hatred within the meaning of § 131 StGB (German Criminal Code), glorifies or trivializes violence, is sexually offensive, is pornographic within the meaning of § 184 StGB, glorifies war, is likely to seriously endanger the morals of children and adolescents or to impair their well-being.
   • In the event of non-observance of this regulation, iS-Fun is entitled to immediately cause the contents to be blocked without any resulting claims for reduction or compensation on the part of the client.
   • The client is also obliged to take technical precautions or other measures to ensure that the transmission of content that falls under the law on the protection of minors from publications harmful to minors (GjS) or that are obviously suitable for seriously endangering the morals of children minors or impairing their well-being is excluded by underage users.
   • When storing data on the iS-Fun server, the client must ensure that the data has been created in compliance with national and international copyright laws.
   • The client is responsible for the contents of the data created and stored by him.
   Direct or indirect use of the services of iS-Fun by third parties is only permitted with the express permission of iS-Fun. iS-Fun may make such permission dependent on the payment of an additional fee, unless the nature of the legal transaction provides for a resale of the contractual rights provided for in the contract. The client has to clarify this when in doubt.
   If the use by third parties is permitted or intended, the client must properly instruct them in the use of the services. If the use by third parties is not permitted, the client shall not be entitled to a reduction, reimbursement or claim for damages.
   The client shall also pay the fees incurred by third parties as a result of the authorized and unauthorized use of the services of iS-Fun within the scope of the access and usage options made available to him.
   If the backup of data of the client is not contractually regulated, it is up to the client to take the necessary measures.
3. At the end of the contract...
   i.e. upon termination of the contractual relationship regarding the service, the client shall cease using the data provided to him by iS-Fun for use of the service, such as user names, PIN numbers and/or passwords, and return to iS-Fun in full the equipment loaned or rented to iS-Fun within 7 days after termination of the contract.
   The client has to back up and remove his data himself. After the end of the contract, iS-Fun will regard the data as released for deletion.
4. Scope of liability
   
   1. The client shall be liable for all consequences and disadvantages incurred by iS-Fun and third parties as a result of the improper or illegal use of the iS-Fun services or as a result of the client’s failure to comply with his other obligations.
   2. The client must treat the passwords assigned to him confidentially and keep them secret. The client is fully liable for damages and costs caused by the improper use of the client's access by third parties.
   3. In particular, the client is obligated to compensate iS-Fun immediately for any expenses and damages as a result of an interference liability claim because of (even allegedly) unlawful conduct from the sphere of the client.
   4. The client must immediately notify iS-Fun of the suspected knowledge of information to be kept secret by third parties, either by telephone or fax, without delay. A notification by telephone requires immediate written confirmation.
   5. If the client culpably fails to inform iS-Fun immediately, he shall be liable for any damages which could have been avoided if he had notified iS-Fun in good time.