Terms of Service
§2 Service Description
With the acceptance of the order and the provision of a service, a contract for the use of the service is concluded. Domain names are registered by TTM with the respective NIC and billed directly to the customer. The customer can only assume the availability and allocation of the domain name once this has been confirmed by the respective NIC. Any liability and guarantee for the assignment of the ordered domain names is excluded on the part of TTM. Furthermore, TTM does not guarantee that the domain name is free of third-party rights. The customer is responsible for this. Both the registrar and third-party customers are designated representatives of the domain owner in relation to the administration of the domain in relation to the registry and ICANN and other parties involved in the registration process. Unless otherwise agreed in writing, the customer owns the copyright for design orders and TTM for programming work.
§3 Contract term and termination
The contract is deemed to have been concluded for the agreed minimum contract term and is automatically extended by the agreed period of time if it is not terminated in writing by one of the parties with a notice period of 2 months before the end of the term.
§4 Offers and prices
All TTM offers are subject to change and non-binding. There is no entitlement to telephone support. For larger order volumes, TTM can request a deposit or reject the order.
§5 Terms of payment
Invoicing takes place at the beginning of the agreed payment period. The customer undertakes to pay TTM’s invoices within 10 days of receipt. If the customer is in arrears with payments due, TTM is entitled to block access to the customer’s account until the outstanding amount has been received, or to terminate the contract without notice and to invoice any costs incurred as a result. The right to compensation for damages remains unaffected.
§6 Data backup, data protection
Unless otherwise contractually agreed, TTM is not responsible for backing up the data on the server. If the customer receives a login name and a password to maintain his offer, he is obliged to treat this data confidentially and is liable for any misuse resulting from unauthorized use of the password. The customer is aware that, due to the structure of the Internet, it is possible to intercept transmitted data. The customer accepts this risk. TTM is not liable for breaches of the confidentiality of email messages or information transmitted in any other way.
§7 Published content, mass mailings and mailing campaigns via email
The customer exempts TTM from all third-party claims with regard to the data/information provided. The customer exempts TTM from any liability for the content of the data transmitted to the server and assures that he will not use the server for the storage or distribution of illegal, obscene, pornographic or defamatory material. With his offer, he will not infringe any trademarks, patent rights or other rights of third parties. The customer himself is responsible for the content of the pages. TTM can terminate the contract without notice and block the offer immediately if the content of the pages violates public law or causes public offense. There is no obligation on the part of TTM to check the information provided by the customer. The customer is obliged to make an imprint accessible to everyone. TTM reserves the right to block the customer’s offer if he installs programs on the server that can impair the operational behavior of the server. The customer undertakes not to initiate any advertising circulars or mass mailings via email via email addresses of his domain without having been requested to do so by the email recipients. TTM reserves the right to temporarily or permanently block the offer in the event of a violation.
§8 Liability and Claims for Damages
TTM does not guarantee that the server is suitable or permanently available for a specific service or software. TTM cannot assume any liability for disruptions within the Internet. Furthermore, TTM assumes no liability for damage or consequential damage caused directly or indirectly by any misuse of the server. Justified claims for damages against TTM are limited to the amount of the order value.
§ 9 Final Provisions
The effectiveness of the remaining provisions is not affected by the ineffectiveness of individual provisions of these General Terms and Conditions. In the event that a provision is invalid, the parties are obliged to replace the defective provision with an effective one whose economic and legal meaning comes closest to that of the defective provision. German law applies as agreed. In addition, the provisions of German copyright and data protection law apply. Place of jurisdiction is Mannheim.