Applicability, Amendments
- All services provided by Cabanova GmbH (subsequently referred to as Cabanova) are based on these general terms and conditions.
- Specifications of the product-specific services are retrievable under Pricing page and are also integral part of the contract.
- If the product-specific specifications described in paragraph 2 differ from these terms and conditions, the product-specific specifications will come into effect.
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Cabanova is authorized to change and amend these terms and conditions as long as these
changes are reasonable to the customer and have been made known to the customer in
written form at least five weeks in advance before these alterations take effect. If the
customer does not agree with these changes or amendments, he can object to these changes
within a period of two weeks prior to the time the alterations take effect. The objection has
to be made in written form. If the customer does not object or objects outside the objection
period, Cabanova considers the customer to have accepted the changes. In the
announcement of the changes or amendments Cabanova will explicitly inform the customer
about the consequences of a neglected objection to these changes. The special regulations
for changes in prices and services can be found in paragraphs 5 – 7.
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Cabanova reserves the right to change their service packages and prices in order to adapt its
services to the current market situation and purchase prices under the condition that these
are reasonable (considering both, Cabanova’s and the customer’s interests) for the
customer. Cabanova will announce these changes to the customer, in text form, at least five
weeks before these take effect. If the customer does not agree with these changes, he can to
object within a period of 2 weeks, prior to the changes taking effect and is then permitted to
cancel the running contract. Cabanova will explicitly inform the customer via email about the
consequences of a neglected objection to these changes and the possibility of terminating
the contract.
- According to paragraph 5 the right of objection and termination only applies to changes in pricing and not to mere changes in Cabanova's service packages.
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If a customer’s objection according to paragraph 5 is based on marginal package changes
that affect only one or a few package features which are reasonable for the customer, and if
it is unreasonable for Cabanova to further provide the customer with the contractually
agreed services for economic and organisational reasons, for instance in the case of
necessary changes of the technical conditions for the use of the service package, Cabanava
will have the special right to cancel the contract giving one week notice prior to the intended
date the changes will take effect. Fees paid in advance will be paid back to the customer
proportionally.
Services
Cabanova offers its customers different service packages that contain the following features:
- a software for the creation of Web pages (see "Software" below)
- storage of web pages on the Cabanova servers and making these accessible over the internet (see "Hosting" below).
- provision of email access and an email address (see "Email-Services" below).
To do so, Cabanova offers the a free-of-charge service package, and service packages requiring payment according to the conditions described in the
Pricing page.
Software
- Cabanova enables the customer to create a website using the software CabanovaXL over the Cabanova server. The Cabanova software can only be used over the Internet.
- Over the whole period of the contract Cabanova will not grant an exclusive right for the use of the software. The customer is not authorized to copy or edit the software.
- The customer is not authorized to sell, rent, grant sublicenses or to pass on the software in any other way, unless this occurs with the Cabanova's permission.
- Customers that violate the obligations under Fig. 3, paragraphs 2 and 3, are obliged to pay a penalty of at least 2.500,00 EUR
Hosting
- The content of the customers website is saved on the Cabanova server and is held available to be accessed over the Internet. The services provided by Cabanova confine to the data communication between the exchange point of the Cabanova data communication network and the Internet, and the server provided to the customer. Therefore Cabanova does not owe a successful forwarding of the information from or to the requesting computer and any obligation for a successful forwarding is therefore excluded.
- Cabanova is authorized to perform server maintenances for a total of 5 hours in a calendar month from 8:00 am to 11:00 am. During these maintenance hours Cabanova's services may not be available.
- The overall availability of the services provided by Cabanova thus will reach 98% on an average. This excludes restrictions in service provision that lie beyond Cabanova's influence, especially due to force majeure such as power failure, other technical conditions beyond Cabanova's control or acts of third persons not authorized by Cabanova.
- Cabanova is authorized to change the IP- addresses of their servers. The customer has no claim to an identical IP- address.
- The quantity of the data transfer volume of the Free package is based on the product specific service description according in the Packages page. Any data transfer beyond this will result in the immediate suspension of the published website, until the first day of the following calendar month. Cabanova will inform the customer about the suspension of the website. The Free package does not offer the possibility of transferring data from a computer to the Cabanova server via FTP. Cabanova is authorized to place advertisements on the customers website.
- The quantity of the data transfer volume of the packages requiring payment is as described in the Packages page and where relevant based on the Cabanova Fair Use Policy.
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Customers may order second-level-domains, unless this is not permitted or granted by the registration office. The selection of and check for the legal admissibility of the domain is the matter of the customer. The second-level-domain is registered through Cronon AG or another registrar.
No guarantee is given to the customer that their preferred domain name will be registered. In relation to the customer, Cabanova only functions as a mediator and is therefore only responsible for the transfer of the customer wish to the Cronon AG or a different registrar respectively.
The second-level-domains are assigned to by the registration office that is in charge of the inherent Top-Level-Domain. For .de domains the additional conditions of the allocation office "DENIC" apply.
For domains with other endings the conditions of the respective allocation offices apply additionally.
Upon contract termination, Cabanova is authorized to release the domain. If the customer is
obliged to release the domain based on a court decision he has no claim on a substitute
domain, nor a claim for refund against Cabanova.
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Cabanova reserves the right to change and upgrade the applied hardware and software to
the actual state of the art at any time. If these changes result in additional requirements to
be met by the user’s contents stored on our servers, Cabanova will give notice of these
additional requirements five weeks in advance. After receipt of this notice the client will then
immediately have to decide, if and when these additional requirements will be met. If the
client does not declare at least two weeks before system modifications take place, that he
will adapt his contents appropriately and on time, i.e. 3 working days before the date of the
system modification, Cabanova reserves the right to cancel the contractual relationship after
a term of 7 days starting from the day of system modification.
- The content saved on the customer designated storage space is backed up on a weekly basis. The customer can only claim a retransfer of the contents saved by Cabanova but not a restitution of the saving media.
Email-Service
- In all web site packages Cabanova provides the user with an Internet address ((domain (www.sitename.cabanova.com)).
- Cabanova creates a Cabanova account, together with a webmail address, for the customer. These services include the receiving, saving and sending incoming emails, as well as the saving and sending of outgoing emails.
- Cabanova provides these services on the basis of the POP3 sending protocol. Customers receive a webmail address for each web site package (e.g. sitename@cabanova.com). Customers who order domains also have the possibility to create their own POP3 emailaccounts.
- Cabanova assures that the customers outgoing emails are forwarded within the Cabanova communication network and, if necessary, to transfer them to the Internet. Incoming emails i.e. emails from a third party, will be transmitted to the customer in the reversed procedure. The service provided by Cabanova is limited to the customer's initiated data communication between the dial-up node powered by Cabanova, and the exchange node between Cabanova and the Internet. Therefore, the service regarding incoming emails consists of the receiving of the email at the exchange node between the Cabanova communication network and the Internet, and keeping the email for retrieval by the customer. If the addressed computer is part of the Cabanova communication network, the data communication will be carried out between the dial-up node and this computer. Since Cabanova has no influence on data traffic occurring outside of the Cabanova communication network, Cabanova does not owe a successful forwarding of information from, or to any computer targeted by the customer.
- The maximum amount of web space provided to the customer results from the product package specifications set forth in the Packages page. If this email storage capacity is exceeded through an incoming email, Cabanova has the right to reject the email. The customer will not be informed about this rejection.
- Cabanova is authorized to reject sending and receiving email if, in a Cabanova PREMIUM package the email size exceeds 50 MB.
- Cabanova forwards all incoming and outgoing email without any checking for spam, viruses, Trojan horse or other harmful contents and properties.
- Regarding the package Cabanova PREMIUM, Cabanova has the right, in connection with a POP3 email account, to delete incoming emails forwarded to the customer, after the customer has retrieved them. Incidentally, Cabanova’s obligation to save emails is restricted to the contract runtime only. Upon contract termination Cabanova will delete the all saved emails. The overall availability of the services provided by Cabanova thus will reach 98% on an average. This excludes restrictions in service provision that lie beyond Cabanova's influence, especially due to force majeure such as power failure, other technical conditions beyond Cabanova's control or acts of third persons not authorized by Cabanova.
- For the authorization for the utilization of the services, the customer receives unique user identification and an alterable password. The customer is obliged to keep this password secret and to make sure that it is not made available to third party people.
Customers obligations
- The customer is not permitted to cede the services provided by Cabanova to a third person for commercial use.
- The customer is not permitted to upload, post or otherwise transmit any content or data to the designated web space that is in any way unlawful or violates authority regulations or the rights of other people. The customer is obliged not to upload, email, otherwise transmit illegal links, or post links to any content that is illegal. The customer agrees to indemnify and hold Cabanova harmless from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the violation of the obligations mentioned above, unless the customer is not responsible for the violation.
- The customer has to ensure the domains and email addresses he has chosen do not violate against any laws, authority regulations or third party rights. The customer is obliged, before the domain registration, to make sure that the domain does not violate any third party rights. The customer agrees to indemnify and hold Cabanova harmless from any kind of claims that are based on the violation of the obligations mentioned above, unless he is not in charge for the violation.
- The customer is obliged to clearly label the content on his web site is his own personal content using his personal details (name and address). If Teleservices or Media services are offered on the web site, the customer is obliged to fulfill the legal provisions of the Teleservices and Mediaservices Act. , especially the requirements set forth in § 6 Teleservices Act. The customer agrees to indemnify and defend Cabanova and its affiliates, owners, officers, directors and employees and hold them harmless from and against any and all claims and expenses, including reasonable attorneys fees, arising from a violation of the obligations mentioned above, unless the customer is not responsible for this violation.
- When registering his web site into search engines under the application of certain keywords, the customer has to pay special attention not to use words that violate the data protection act, the law against unfair competition, or infringe any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement. The customer agrees to indemnify and hold Cabanova harmless from any kind of claims that are based on the violation of the obligations mentioned above, unless he is not in charge for the violation.
- Content that is uploaded by the customer on his designated web space may be trademark or data protected. The customer entitles Cabanova to make his content accessible over the Internet and to duplicate and transfer the content for this purpose and for backup purposes. The customer himself has to ensure whether his use of personal data meets the requirements of the data protection act.
- The customer is obliged to inform Cabanova about any changes is his personal details (name, address, email).
- The customer assumes responsibility not to pass on his User Identification to unauthorized individuals. He also obligates himself to immediately inform Cabanova if unauthorized individuals have access to the password.
- The customer assumes responsibility to not send, or let send, any electronic advertising mails using his email address, without the explicit approval of the receiver.
- The customer assumes responsibility to save the content on his web space on a daily basis.
Contract conclusion, Contract period, Contract termination
- The contract is concluded as soon as Cabanova receives the customer’s order. With his order, the customer accepts the Cabanova’s contract offer as submitted on the Cabanova order web pages.
- The contract period is 12 months, 24 months or 60 months and will not continue automatically. There is not special period of notice for the customer. Cabanova has the right to refuse the extension of a contract.
- Both Parties have the right, to terminate the contract without notice for important reasons. Cabanova has a particular right to cancel a contract if a customer is 30 days in delay with his payment or if a final judgment was passed that the customer’s web site content, domain or email address infringe with laws or rights of third party individuals.
- Each contract is for the selected duration of the subscription to a product or service and terminates automatically at the end of the time period. If the customer extends the subscription, the contract is extended according to the subscription extension period.
- After termination of the contract Cabanova is authorized to delete the customer’s content and data from the server.
- After termination of the contract Cabanova is authorized to dispose of the Cabanova domain (http://loginname.cabanova.com) and the Cabanova email address Cabanova ( ) and to allocate them to third individuals.
- Cabanova’s packages requiring payment are restricted to persons aged 18 years and over. In case of an abuse, parents or legal guardians are liable for their children. In this case Cabanova reserves the right of taking legal action.
Renumeration
- The renumeration for the services provided by Cabanova is based upon the price list for the respective service package that was valid at the signing of the contract and upon the contract period.
- The fees are payable in advance and fall due upon the date the invoice was issued. The billing period is dependent on the contract period agreed upon.
- The billing occurs under the engagement of third party companies (Pay One, PayPal, Saferpay, Payment Network). For credit card payments www.cabanova.com will be listed on the statement. The billing data that is required for the billing procedure and to determine the renumeration will be forwarded to these third-party companies. Cabanova ensures that all customer data received during this billing process is treated as strictly confidential. In this respect the transaction security is guaranteed through SSL- encoding. It is explicitly pointed out to the customer that a copy of the transaction data and the invoice is available to him in the "My Cabanova" section. In the event of questions or queries Cabanova will react within two days via email or by phone.
- Should the Cabanova not receive the payment within the first 30 days after the invoice has fallen due, Cabanova has the right to immediately lock the customer's domain and web site.
- Cabanova will charge 9 % interest p.a. or at least the legally admissible interest rate on all arrears. (In case of a payment delay, Cabanova is authorized to lock the customers web site).
- Objections against the billing of services provided by Cabanova are to be raised in written form within a period of 6 weeks after the invoice has been received. After the period described above, Cabanova registers the invoice as finally accepted by the customer. Upon sending the invoice, Cabanova will explicitly inform the customer about the consequences of his actions in this respect.
- Cabanova reserves the right to withhold its services or to only provide them, if the customer fulfills his payment liability on time.
- The customer can only set off undeniable and legally valid debts against Cabanova's claims.
- The customer's payment can only be made via electronic direct debiting, credit card or PayPal.
Liability
- In case of intention, gross negligence or culpable violation of a substantial essential contract duty Cabanova is liable to the customer for predictable damages that will typically occur in such cases, or for damage caused by culpable injury of the body, life and health.
- This limited liability applies to both contractual and non-contractual claims whereas legally regulated liability remains untouched.
- Should Cabanova provide telecommunication services in public, liability is limited through § 7 TKV. Cabanova's liability in public in case of financial losses is therefore limited to 12.500,00 EUR per customer. This only applies if there was no deliberately caused damage.
- The customer has to inform Cabanova about problems immediately in written form or via email. Defect claims are limited to one year.
Suspending domains and web sites, deactivation
- Cabanova is not obliged to check whether contents on the customers web sites violate against applicable laws, especially against third party individuals. Cabanova is authorized to lock the customers web site in case of an assumed or occurred infliction against figure 6, paragraphs 1 - 4, as well as not obvious unreasonable claims against Cabanova from third party individuals against the publication of the content; although considering the customers qualified interests, until the legitimacy has been proven. Cabanova will inform the customer about these measures immediately. Cabanova is authorized once a legally valid decision states the illegalness, to delete the content.
- Cabanova is authorized to deactivate or delete programs, scripts or any other content that has been installed by the customer if these limit or endanger the operation of the server, or security and integrity of other data saved on the Cabanova server. Cabanova is also authorized, should this measure be necessary, to intercept the connection between the customers content on the Cabanova server and the Internet. Cabanova will immediately inform the customer about this measure.
Data protection
- In order to provide the services Cabanova requires some data. This data will be collected, processed and used by Cabanova. This data includes the customer’s name, age and address including phone number and email address. If the customer has granted Cabanova a direct debit authorization, his bank details also count to the required data. Data required for the registration of a domain, especially personal data such as name and address, are forwarded to the registration offices that publish these in registers on the Internet. Billing data is forwarded to third party companies (PayOne, Saferpay, PayPal, Payment Network) according to chapter. 8, paragraph 3.
- In addition data including information about the beginning and ending use of the services and data about the entry of access codes to register the use, will be registered and used as far as necessary to provide and deduct the services.
End requirements
- Should any regulations in the general terms and conditions lose their effect, this will not touch the activity of other regulations. Both sides are obliges to replace the inactive regulation with a new, active regulation that comes close to the economic purpose of the inactive regulation. The same applies to gaps in the agreement.
- Any legal claims or lawsuits in conjunction with this website are subject to the interpretation of the laws of the Federal Republic of Germany. International private law does not apply.
- Provided that you are a merchant as defined by commercial law, a legal entity as defined by public law or by the public separate estate or have no general legal venue in the Federal Republic of Germany, it is agreed that Düsseldorf shall be the legal venue for all disputes.
