Terms and Conditions (TOS) Internoc24 LLC

 

 

1. Applicability, change Of Terms and Conditions

1.1 These terms and conditions apply to all contracts for the provision of Internet services between the Internoc24 LLC and its customers. Listed in the Annex special conditions for the transfer and use of software for server management and for resellers only apply if the customer takes one of the services referred to therein the Internoc24 LLC to complete.

1.2 These Terms and Conditions shall apply to all contracts entered into between the parties (orders / orders), even if these do not expressly refer to the Terms and Conditions by reference. Any general terms and conditions of the customer shall not apply even if Internoc24 LLC does not explicitly contradict them. Individual special agreements shall prevail over these Terms and Conditions; this does not apply a standard contract conditions of the customer.

1.3 Internoc24 LLC reserves the right to modify these terms at any time. Instrumental in signing new contracts is the version in force at the time of conclusion. Compared to existing customers apply the amended GTC only apply under the special requirements of prov ..

1.4 Compared to existing customers is possible to change the agreed terms and conditions on the following restrictions: circumstances justifying such a change, are subsequently arisen, unpredictable changes, does not initiate the Internoc24 LLC and to which they have no control and the expense unilaterally affect a party and resulting in the Conditions of gaps that lead to difficulties in the execution of the contract. Internoc24 LLC is the customer send the amended Conditions four weeks prior to the commencement and thereby identify the circumstances are the reason for the change and the extent of the changes. If the customer is not the change before the effective date in writing or by fax contradicts, but explained by further use of services of Internoc24 LLC consent to the new terms and conditions, the amendment shall be deemed accepted; the Conditions in their amended, then apply then from the announced date for existing contracts. In the case of timely, effective opposition form the previous terms and conditions apply as between the parties on; in this case, both the customer and Internoc24 LLC shall be entitled to terminate the contract according to no. 6 para. 3 to terminate with decent time.

 


2. Formation of Contracts, Communication

2.1 Unless otherwise noted, offers and information by telephone of Internoc24 LLC is not binding. Decisive are each on the website of Internoc24 LLC published under www.internoc24.com offers and service descriptions.

2.2 Customer orders may be received in writing or by fax. An order is placed by phone or e-mail is not possible Internoc24 LLC is however submit to such requests through the customer a written offer.

2.3 If the customer requires a written notification expressly and in a particular case, he agrees that his information is transmitted to current contracts by email. This also applies to confidential information, such as on the access data for given by the customer can benefits.

 

 

3. Commencement, duration and termination of the service agreement

3.1 The contract with Internoc24 LLC on the use of services of Internoc24 LLC shall be delivered by sending the online order form or other electronic means or by signing a written purchase order / contract.

3.2 The service contract is, unless it is otherwise stated in the service contract entered into for an indefinite period.

3.3 Either Party may terminate the service agreement at any time, but the first time to the end of the specified in the service agreement between the parties minimum contract period.

3.4 is good reason, either party may terminate the service agreement at any time with immediate effect. This is especially true when the available services of Internoc24 LLC or purchased with this service third-party services legal, contractual or inexpedient based, used, made to an unauthorized third party access or passed on, and if the terms of use of Internoc24 LLC or third parties be disregarded

 

 

4. Scope of services

4.1 Internoc24 LLC is instructed to perform services on infrastructure operated by third parties over the Internoc24 LLC has no control. Therefore, it may cause interference or attacks, which have their cause beyond the control of Internoc24 LLC, especially disorders of the Internet or by force majeure.

4.2 Unless otherwise agreed, guaranteed Internoc24 LLC availability of their services and performance of 99.6% in the year offered on the Internet. Availability is given if the servers and services are substantially ready for use. As faults operation, do not apply the following circumstances:

  • Interruptions of accessibility has no influence by disturbances in the third area, the Internoc24 LLC
  • Interruptions due to force majeure
  • short-term interruptions of operation that are necessary to specific hazards by a possible misuse by third parties (so-called. Exploits) to prevent or inhibit (eg updates)

4.3 To maintain the efficiency of the technology used Internoc24 LLC conducts regular maintenance and service work. To the extent connected with this work failures of services, Internoc24 LLC is this place if possible during periods of low demand and usually inform the customer to this before.

4.4 In order to maintain a high level of security, software updates are regular. As a result, the scope and structure of the Internoc24 LLC services provided may change. It is not excluded that this also changes to content or deposited by the Client by the customer installed applications are required. Where possible, Internoc24 LLC will notify the customer to this before. If such a system update for the customer to make unreasonable changes are required, this can be extraordinarily terminate the contract.

4.5 Internoc24 LLC is authorized to provide due of their services in whole or in part, by a third party.

4.6If the individual contract as not otherwise agreed, Internoc24 LLC will provide support by answering customer questions via ticket system, which are set to https://order.internoc24.com about the customer area.

4.7 Internoc24 LLC is committed within the normal working hours of the office of Internoc24 LLC, to take measures to remedy faults and malfunctions of the services or carry out attacks. As usual working hours which are Monday to Friday weekdays 08.00 - 17.00 clock. Outside office hours will endeavor to take as soon as possible after the times indicated above the measures taken to remedy faults and malfunctions of service attack or perform Internoc24 LLC.

4.8 The customer shall only be entitled to a partial refund of the services provided by Internoc24 LLC invoiced at a noticed and were responsible for Internoc24 LLC loses more than 48 hours. For all other failures of services, no refund of fees already paid occurs. A refund is also excluded if the product or service is paid with any Cryptocurrency or Paysafecard payment. Exceptions by Internoc24 LLC itself Reserved.

4.9 Any claims for recovery of the customer expire if a failure does not dwell notified within 30 days of the end of the calendar month in question in writing to Internoc24 LLC and noted in Internoc24 LLC, a corresponding fee recovery has been made. In the case of justified demands Internoc24 LLC is this always charge as a credit against future subscription fees. The burden of proof with respect to the non-availability lies with the customer.

 

 

5. Terms of payment

5.1 Unless a different billing method is agreed in advance for use independent charges referred to in the Terms of Reference accounting period must be paid. Usage-based charges are billed after the end of the accounting period.

5.2 Internoc24 LLC offers customers the ability to pay its bills anonymously via Cryptocurrency (like Bitcoin and each other) and Paysafecard. For this purpose, special conditions apply (§ 6 separate payment methods and conditions)

5.3 Invoices must be paid within the due date period.

5.4 The Customer is in default if said in the statement of payment is exceeded. If the customer is in default of payment, Internoc24 LLC may restrict, suspend or terminate its services without notice upon notice; This applies also for domains which have been registered for the customer. For such a blocking calculated Internoc24 LLC, a handling charge of 10% of the outstanding invoice amount unless the customer proves that no or much lesser damage in individual cases. The customer is obliged in this case is not entitled to the services provided by Internoc24 LLC and is to pay the fees payable periodically.

5.5 The Customer may offset against claims of Internoc24 LLC with undisputed or legally established counterclaims.

5.6 As with any service provided in the long run, the cost can also check out the services provided by Internoc24 LLC by changes in the legal and business issues change (for example by increasing the energy and telecommunications costs). Internoc24 LLC is therefore reserves the right to change the prices at the beginning of a new accounting period with a change period of four weeks. The customer is entitled to extraordinary termination to the effective date of the price change. If the customer thereof within two weeks after receipt of the notification utility, the amendment shall be deemed to be approved; thereto Internoc24 LLC will notify the customer explicitly.

6. Separate Payment Methods & conditions

6.1 Internoc24 LLC provides customers with different payment methods (Bank transfer, Paysafecard, Cryptocurreny (like Bitcoin), Paypal, Egopay, CashU, Litecoin)

6.2. Internoc24 LLC calculated different premiums for the offered payment method. The charges are the customer during the checkout process appears. Internoc24 LLC is committed to providing at least one payment method at no extra cost.

6.3 The payment methods Paysafecard and Cryptocurreny (like Bitcoin) are therefore excluded from the so-called "Refund Policies" refunds.

6.4 Internoc24 LLC is entitled to claim for payments with Paysafecard, a proof in pictorial form of vouchers. The payment is in the voucher needs to be completed only if the customer has submitted these in the form of a scan, image, screenshot, or other pictorial way.

6.5 Internoc24 LLC is entitled to payments via Cryptocurreny (like Bitcoin) to perform in large swings and loss within 24 hours after buyer's payment (> 15% loss), a recalculation. A then still missing fee is to be paid by the customer upon request. Internoc24 LLC verpflichet in return for large swings & increase (> 20%) within 24 hours after payment pro rata share of the increase in value at least 50% to the customer. For this purpose, the Internoc24 LLC will enter an appropriate credit for the customer in the customer's account.

6.6. For payments via Cryptocurreny (like Bitcoin) and Paysafecard and the Internoc24 LLC is entitled to determine the payment up to 7 days before the end of the service. The customer has to pay attention to the self-employed here by the clearance of payment of each payment method.

6.7 The customer is in arrears free if the "Payment before the expiry date of the service" is exceeded. Internoc24 LLC reserves the right to make a temporary barrier free but the service if it is foreseeable that the payment is not even the end of the service time.

6.8 The customer is in arrears paid when the actual expiration date of the service is exceeded.

7. Obligations of the Customer

7.1 The customer is obliged to state his personal data, as well as a correct and valid only his email address at registration. A change in the data is the Internoc24 LLC notified immediately.

7.2 The registration of a domain with the responsible NIC (network information center), their re-registration or cancellation requires the written permission of the domain owner. The customer will provide for all it has issued orders that require a change in the status of a domain required his approval immediately in the form required in each case.

7.3 The customer must change the login information supplied to him immediately and kept from third parties. The buyer is responsible for any misuse of their access by third parties if he is to blame for this.

7.4 The Customer is responsible for creating, and maintaining adequate backup copies of stored contents. Unless otherwise agreed, Internoc24 LLC does not assure customer content.

7.5 The Customer undertakes to comply with the relevant statutory provisions in the use of information provided by Internoc24 LLC available services and to refrain from actions that could lead to a disruption of the operation of the server Internoc24 LLC. This includes, in particular, the following acts:

  • massive sending emails
  • Leave and making available data and material with pornographic, commercial erotic character and of copyrighted material not entitled to the distribution of users (eg, so-called. "Warez" sites, illegal mp3 downloads, if this is not permitted respective national law.
  • Operation of the so-called. "Filesharing services" such as "Torrent" unless there is the explicit permission of the Internoc24 LLC.
  • Operation of the so-called. "Open proxy services" such as "GATE"
  • Leave and making available data and material with left- or right-wing content or offensive character, calling to terrorism and violence
  • Operating server services that create a particularly powerful computing load; this does not apply to dedicated servers Root

7.6 The customer is aware that an audit of the stored content it is not done by Internoc24 LLC, but he himself is responsible for the legality of such content.

7.7 Internoc24 LLC reserves the right to terminate the services provided to the customer temporary if the customer violates the above rules of conduct or equivalent, concrete suspicion. This is especially the case if the parties stating the reasons require omission of acts performed by the customer and these reasons are not manifestly incorrect, and investigations by state authorities. Where possible, Internoc24 LLC is listen to the customer before a lockout; where this is not possible in individual cases for particularly urgent, Internoc24 LLC is subsequently inform the customer and give him an opportunity to comment. The lockout is lifted as soon as the suspicion has been invalidated or Internoc24 LLC may terminate the contract extraordinarily due infringements detected.

7.8 The use of the service to send advertising, spam and bulk e-mail ("mail bombing") is explicitly prohibited to the user to make good the loss suffered (as opposed to his "victim" and against the provider). If the customer gross negligence and / or intent of these regulations and Internoc24 LLC shall adopt or will receive Spam Abuse of affected customers and / or ISP is Internoc24 LLC the right to immediately paid blocking. This relates to entertain only one domain at Internoc24 LLC and customers. A transfer or release of an affected Spam Abuse domain or unlock a server is only after payment of a so-called Spam Abuse Handlungfee possible, this can be between 99,00 € and 299 €.

7.9 In all care malfunction of technical devices are still possible. If the customer finds such a malfunction of the equipment used by him of Internoc24 LLC, he will point Internoc24 LLC immediately and with meaningful information regarding the malfunction.

7.10 The customer has to refrain from the staff of the Internoc24 LLC offend or committing slander. Internoc24 LLC reserves the right to terminate contracts without notice, and no payments already made will be refunded

7.11 The customer is obliged to choose the correct support area for his request. Internoc24 LLC reserves the right at defiance to close the entprechende Support Request without notice.

8. Warranties and liability

8.1 Internoc24 LLC is not responsible for damages, consequential damages or lost profits due to disturbances and technical problems in technical systems, which are outside the control of Internoc24 LLC. Internoc24 LLC is not liable for such damages resulting from a breach of the contractual obligations of the customer, in particular the obligation to secure the stored data.

8.2 For defects in the provided space, were present on contract, strict liability is excluded.

8.3 Internoc24 LLC be liable for yourself or a vicarious agent only in cases of gross negligence or willful misconduct. This does not apply for any breach of duties the fulfillment of which makes the proper execution of the contract and on the fulfillment of the contractual partner regularly trusts and may trust (contractual obligation). With a slightly negligent breach of a contractual obligation Internoc24 LLC for himself or agents shall be liable only for such typical damage that was foreseeable at the time the contract.

8.4 The customer is liable for all direct and indirect damages (including lost profits), the Internoc24 LLC arising from any breach of contractual obligations under no. 7 of these Terms and Conditions.

8.5 The Customer undertakes to Internoc24 LLC claims by third parties of any kind and nature arising from the illegality of content that is stored on the memory entrusted to him by the customer. This indemnity also covers legal defense costs of Internoc24 LLC (eg court costs and attorney fees).

9. Privacy Policy

9.1 Customer data will be processed in accordance with the Data Protection Act. Customer will allow Internoc24 LLC expressly to use customer information for marketing purposes (eg, to customers information about new services or products). The customer may at any time withdraw this permission in the Customer Center. Sold or rented Internoc24 LLC in any case, customer data, in part or as a whole to a third party. There are only stored data, which are necessary for the processing of vendor / client relationship.

10. Confidentiality

10.1 The Parties undertake to hold designated as confidential information of the other party secret and make unnamed authorized to third parties. In particular, the content of contracts incl. Attachments and all communication between the Internoc24 LLC and the customer shall be confidential.

 

 

11. Final Provisions, Court Jurisdiction, Applicable Law

11.1 The place of performance and jurisdiction for all disputes of the parties is Newark, Delaware. This applies only if the customer is a merchant, a legal entity under public law or public special fund, or has no general jurisdiction in the United States.

11.2 If any provisions of these Terms and Conditions be invalid or void, the remaining provisions shall continue to apply. In this case, void or legally unenforceable provisions will be replaced by legally effective to those of the invalid come so close as legally possible in its economic impact

Stand of 01/2015

Powered by WHMCompleteSolution