§7 Obligations of the customer
(1) All data transmitted from Zap-Hosting.com to the customer are to be treated strictly confidential, espesially passwords or other login details for the use of the contract.
If passwords are used by third parties the customer is obligated to bear the resulting costs and supply possible compensation. The customer explicitly releases Zap-Hosting.com from claims, that are made by third parties because of the violation of this obligation.
In no case may passwords be removed from serves with password protection. Moreover, the password may, neither entirely, nor in parts, be contained in the server name.
For components in relation to gameservers it is forbidden to utilise the webspace for commercial purposes, without the explicit permission of Zap-Hosting.com.
(2) The customer is obligated to ensure that on the server he or she rented, there are no unlawful, right-wing extremist, obscene, threatening, insulting, defamatory or violence advocating contents saved, depicted or in any other form made publicly available.
The same applies to contents which disclose privat information about persons, without their permission, contents which violate trademarks, copyright or other interlectual property, contents which lead others to commit criminal acts or acts, that undermine civil order or violate local, state or international laws.
(3) The customer is obligated to secure data dicretely. Backup services provided by Zap-Hosting.com are free of charge and, in the case of data loss, Zap-Hosting.com is not liable for damages.
(4) In the case of contraventions Zap-Hosting expilcitly holds the right to prevent access to such contents, delete them and abnormally terminate the contract with the customer. Furthermore Zap-Hosting.com will transmit user data to a higher government authority, if it demands to do so by putting forward a lawful instruction.
(5) The customer waives the right to use software which produces an excessive disproportionate load on the server hardware (certain mods/plug-ins, miner, etc.).
§8 Liability and limitation of liability
(1) Zap-Hosting.com is liable for intend and culpable negligence. Further we are laible for negligent violation of obligations, whose fullfillment make the orderly implemantation of the contract possible in the first place, whose violations endanger the fullfillment of the purpose of the contract and whose comlpliance you as a customer trust in regularly. In the last-mentioned case we are, however, only liable for predictable and typical for the contract damage. We are not liable for slightly negligent violation of obligations other than those stated in the above-mentioned sentences.
The above-mentioned disclaimers do not apply for injury to life, body and health. Liability according to law on product liability remains unaffected.
(2) Communication of data over the internet can, by the current state of technology, not be flawlessly and/or at all timed assured. In particular, liability is limited, when performance delays and or performance shortfalls are caused by higher power and/or unpredictable, temporary impairments and impairments not to be represented by Zap-Hosting.com. Among these impairments in particular are natural disasters, accidents, terrorism, official directives, strikes, lockouts and legal intra-company industrial dispute actions.
(3) Zap-Hosting is not liable for loss of data through higher power or human error. The protection off all sensitive server data is incumbered upon the customer according to §7 (3)
(1) Serverproducts referred to as “Buyserver” are paid one-time instead of monthly. Zap-Hosting ensures lifelong availability of the server, as far as no long-term inactivity of the service, as decribed in (2), occurs.
(2) If a Buyserver is neither used, started nor selected in the webinterface by the customer for 6 months, Zap-Hosting holds the right to terminate the contract without notice and delete all product related data.
(1) The Booking of a TLD is possible for no more and no less than 1 year. If the domain is not cancelled with a period of notice of 4 weeks, the contract is automatically extended by another year.
(2) ZAP-Hosting reserves the right to delete an inactive domain.
(3) The right of revocation does not apply to domains. Domains can not be revoked.
§11 Final provisions
(1) The law of the German Federal Republic applies. Binding regulations of the state, in which the customer has his or her main residence remain unaffected.
(2) If a customer had his main residence or permanent dwelling in Germany at the moment of conclusion of the contract, and either moved it at the time of bringing a suit, or his or her domicile at that time are unknown, then the place of jurisdiction for all disputes is the venue of the consumer.
(3) In case individual terms of this contract are invalid or contradict statutory rule, the contract remains unaffected by that for the rest. The invalid term or condition will be replaced conjointly by the contract parties with a lawful term or condition, which comes closest to the economical purpose of the invalid term or condition. The above-mentioned arrangement applies respectively for gaps or loopholes.