These General Terms and Conditions (GTC) govern the use of our products and services.
Please read these GTC carefully before using our products or services. By using our products or services, you agree to be bound by these terms and conditions. If you do not agree with any provision of these GTC, please do not use our products and services.
§1 Validity vis-à-vis entrepreneurs and definitions of terms
(1) The following General Terms and Conditions apply to all services between us, hereinafter referred to as “Zeller-IT”, “we”, “our” and a consumer in the version valid at the time of the order. (2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession (§ 13 BGB).
(3) “Services”: All products on the Zeller-IT websites that can be used free of charge or with credit.
(4) “Credit”: A chargeable Internet billing unit.
(5) “Registration”: All personal data that the user transmits to Zeller-IT, in particular name, address and contact options.
(6) For reasons of clarity, we refrain from using gender-specific language in the following statements. However, all designations of persons apply equally to all genders
§2 Conclusion of a contract, storage of the contract text
(1) The following provisions on the conclusion of contracts apply to orders placed via our ordering system at https://www.mykdc.eu.
(2) If the contract is concluded, the contract is concluded with Zeller IT / MyHoster Hermann Zeller D-85101 Lenting.
(3) By ordering the desired services, the consumer submits a binding offer to conclude a purchase contract.
(4) Upon receipt of an order in our ordering system, the following regulations apply: The consumer submits a binding contractual offer by successfully completing the ordering procedure provided for in our ordering system.
(5) Before submitting the binding order, the consumer can return to the website on which the customer’s details were entered and correct input errors or cancel the order process by closing the Internet browser by pressing the “Back” button contained in the Internet browser used by him after checking his details. We will confirm receipt of the order immediately by means of an automatically generated e-mail. Once the order has been processed, the services are automatically made available to you in our customer panel at https://www.mykdc.de made available. §3 Prices, shipping costs, payment, due date
(1) The prices quoted do not include VAT in accordance with §19 UStG. Since our offer is exclusively for services that are provided immediately by digital means, there are no shipping costs.
(2) The consumer has the option of paying by PayPal, credit card (Visa, Mastercard, American Express, Apple Pay, Google Pay), GiroPay, Paysafecard, SEPA bank transfer and SOFORT bank transfer.
(3) If the consumer has chosen to pay by SEPA bank transfer, the services will only be made available after receipt of the invoice amount in our bank account.
§4 Delivery (provision)
(1) The delivery or provision of the purchased services are available after processing the order in our customer panel at https://www.mykdc.eu.
§5 Service description
(1) The services provided by us must not violate any applicable laws or copyrights. Furthermore, we do not tolerate the hosting (i.e. publication, provision, storage, etc.) of pornographic content. We reserve the right to block and remove the service if the above-mentioned reasons are violated.
(2) For technical reasons, the IP address assigned to the customer may change at any time. There is no entitlement to the allocation or reservation of specific IP addresses.
(3) We reserve the right to restrict the functionality of the platform or to discontinue the use of the platform entirely if this is necessary to comply with legal requirements. We will inform customers of this in good time in advance.
(4) The inclusive traffic included in services is to be treated as “fair use”. The standard “fair use” limit is 1 TB (terabyte)
§6 Safety regulations
(1) Each user obligated not to jeopardize the security of the servers, in particular by – he does not gain access to data that has not been activated for him – he checks, scans or tests the systems used to operate the site for vulnerabilities and security gaps or attempts to circumvent security or authentication measures – he falsifies header information or IP addresses in e-mails.
(2) Furthermore, every user undertakes to only access or use Zeller-IT via browsers that are in accordance with the current state of the art. Any measures that impair the proper functioning of Zeller-IT are strictly prohibited. This applies in particular to the following measures or attacks: XSS, SQL injection, CSRF, phishing, DoS, DDos, brute force, session capture, automated or scripted access and other manual and automated attacks on technical infrastructures or interference with the operator’s services. (3) Violations of these security regulations may have consequences under civil and/or criminal law. Zeller-IT will investigate security breaches and, if necessary, prosecute them with the help of law enforcement authorities and enforce civil law claims.
§7 Warranty
(1) Zeller-IT provides databases and technical devices that correspond to the current technical standard. Zeller-IT endeavors to ensure maximum availability of the platform, but there may be temporary restrictions due to problems beyond the control of Zeller-IT (e.g. force majeure, errors by third parties/suppliers) or maintenance work. Zeller-IT assumes no responsibility for constant availability or accessibility of the platform and is not liable for downtimes due to necessary maintenance work
(2) If a registration is deleted, changed or blocked due to termination or violation of the terms of use, there is no right to transfer the content and communication data associated with the registration that was stored in the associated services.
§8 Liability and obligations of the user
(1) It is the customer’s responsibility to ensure that no illegal, right-wing extremist, obscene, threatening, insulting, defamatory or violence-glorifying content is stored, transmitted or otherwise made publicly accessible on the products rented by him. This also includes content that publishes private information about persons without their consent, content that violates copyrights, trademarks or other intellectual property rights, as well as content that incites others to commit criminal acts or violates local, national or international laws.
(2) The customer is responsible for backing up their data themselves. The backup services offered by Zeller-IT are free of charge and Zeller-IT is not liable for damages in the event of data loss. Should a loss of data occur.
(3) If the customer has access to an area of the platform that is not accessible to the public or a limited group of people (e.g. beta program), the customer undertakes to maintain confidentiality. The customer is not permitted to publish photos, videos or other media without the consent of Zeller-IT. These terms of use also apply to products in the beta program.
§9 Provision of services
(1) With the provision of the selected hosting services in our customer panel (https://www.mykdc.eu), our service is provided in full. The right of revocation hereby expires.
(2) We reserve the right to deactivate or completely remove the product to protect our infrastructure without prior notice if our technical resources are overloaded, in particular if the network, processors and RAM are overloaded.
(3) Customer support is available to customers free of charge, with certain exceptions. We do not offer specific administrative assistance, but our customer support will assist the customer to the best of its ability in accordance with the given possibilities. There is no guarantee of this. We are also entitled, after consultation with the customer, to offer chargeable services.
(4) The product is normally activated after the order has been placed. In some special cases, such as domains and SSL certificates, there may be delays in provision due to validation processes or third-party checks, which may last indefinitely.
(5) The domain booking is valid for at least one year. If the domain is not canceled before the end of the agreed term, it will be automatically and irrevocably renewed. Zeller-IT reserves the right to remove inactive domains.
(6) Zeller-IT transfers the customer’s registration request to the responsible registration authority (NIC). The customer bears full responsibility for the legality, completeness and accuracy of his request and the information contained therein. Zeller-IT does not normally carry out any checks, not even for plausibility. Zeller-IT has no influence on the registration and is not liable for its success. The customer can only assume that the desired domain has been successfully registered if he is entered as the owner in the corresponding NIC. It is the customer’s responsibility to inform himself about the allocation rules and general terms and conditions of the NIC for the respective domain and to agree to them.
§10 Regulations for the registration, management & setup of the customer account
(1) Unrestricted use can be made by natural persons, partnerships and legal entities with legal capacity.
(2) Minor customers must provide proof of consent from their legal guardians for the use of Zeller-IT. Zeller-IT can request consent in text form at any time.
(3) For larger product prices, age verification may be required in order to comply with the Youth Protection Act.
(4) In order to create a valid customer account with Zeller-IT, the customer must provide a valid e-mail address, user name and password. Incorrect information can lead to the deletion of the account and termination of all relationships; the credit will not be paid out.
(5) Zeller-IT can block a customer account at any time if there is an important reason, such as an unlawful breach or violation of the GTC. In this case, the credit balance or the amount paid will not be refunded.
§11 Availability
(1) The servers of Zeller-IT are normally available around the clock, 7 days a week. However, no guarantee is given for uninterrupted availability of the data. Zeller-IT is not liable for loss of data, interrupted data transfers or other problems due to technical failures.
§12 Changes to the General Terms and Conditions
Zeller-IT reserves the right to change the content of these GTC with the consent of the customer, provided that the changes are reasonable for the customer and take into account the interests of Zeller-IT. Changes shall be deemed approved if the customer does not object to the change within four weeks of notification of the change. Zeller-IT undertakes to inform the customer of the consequences of failing to object in the notification of change. Zeller-IT reserves the right to withdraw the customer’s use of the Internet portal, services, etc. if the customer objects within this period.