Terms and Conditions for KamaHost Web Hosting Agreements

These Terms and Conditions govern the performance of web hosting services supplementary to the

General Terms and Conditions.

1 Services

1.1 KamaHost shall render memory and computing capacity available, on a server operated by

KamaHost, for the storage of websites and for the operation of applications that can be utilised

via the internet.

1.2 KamaHost shall create, grant and maintain the connection between the server and the internet

so that the data stored on the server can be transmitted to the calling computer without

disruption and whenever required by external computers in the internet (clients) by means of

the common internet protocols.

1.3 KamaHost shall endeavour to render the data, stored by the contract partner in accordance

with the Terms and Conditions of the agreement, available to the global public via the internet

24 hours a day, seven days a week. KamaHost does not accept liability for successful access to

the respective website, insofar as networks are used that are not exclusively operated by

KamaHost or its direct contractors including their interfaces to third-party networks.

1.4 KamaHost shall schedule maintenance times for the optimization and improvement of

performance of the systems providing the services, which are, on principle, outside the usual

business hours, generally on Sunday between 2 am and 3 am and are only utilised as required.

During these maintenance times KamaHost may shut down its technical facilities as necessary

and to a scope that is restricted to a minimum. The customer shall be informed of the execution

of maintenance outside the above-mentioned maintenance times by e-mail in a timely manner.

1.5 KamaHost shall endeavour to render the systems available via internet for at least 98.5% of the

annual operating time (availability).

1.6 KamaHost shall execute an automatic back-up of the stored data on a daily basis. The back-up

copies shall in general be stored for a period of 60 days.

2 Supplementary Services

KamaHost shall also offer the following supplementary premium services, on request:

2.1 Domain registration: on request, KamaHost will register domain names on behalf of the

customer with the respective issuing body. The customer authorizes KamaHost to issue all

declarations or execute all activities necessary for registration of a domain with the respective

issuing body, on behalf of the customer. The customer can only expect the actual assignment of

the domain name once this has been confirmed by KamaHost. KamaHost shall not accept

liability and provides no guarantee in respect of the assignment of the domain name orders. The

customer shall indemnify KamaHost against any third party claims in respect of the domain

name selected.

2.2 Establishment of access statistics: KamaHost shall draw up access statistics on the web server

for the customer. For this purpose, the server log files are evaluated on a daily basis. Customers

can call current and historic statistics for whatever period required via a protected website. The

historic statistics are stored for a period of at least two years.

2.3 Spam protection: KamaHost shall monitor the incoming e-mails of the customer and shall mark

e-mails that most likely contain undesired advertising (so-called spam e-mails). KamaHost shall

attempt to mark the e-mails as reliably as possible (marking of as many spam e-mails as

possible, if possible, no marking of desired e-mails).

3 Obligations of the Customer

3.1 The customer is responsible for maintaining its data on the server. The customer is given a

password and the internet address to alter and update the data.

3.2 The customer is obliged not to disclose the login information to unauthorised third parties.

Customers shall inform KamaHost immediately if they obtain knowledge that unauthorised

third parties are aware of the password. Unauthorised third parties are not such persons who

utilise storage, which forms the subject matter of the agreement, with the knowledge and

agreement of the customer.

3.3 Customers shall provide assurance that they do not enter any contents, which infringe legal

regulations, third party personal rights and trademark rights or morality. Customers must in

particular heed the data protection provisions to the benefit of the users.

3.4 In the event of an infringement of the above condition, customers are obliged to refrain from all

further infringements, to compensate KamaHost for the resultant or resulting loss and to

indemnify and exempt KamaHost from third party claims for damages and the reimbursement

of expenses caused by the infringement. The exemption obligation also extends to the obligation

to fully exempt KamaHost from all legal defence costs (costs for courts, lawyers, etc.).

3.5 This does not affect KamaHost’s right to take further measures, in particular to bar the

contents and to issue an extraordinary notice of termination.

4 Temporary Bar

4.1 KamaHost is entitled to disrupt the connection between the stored data and the internet on a

temporary basis (barring of the system) if sufficient indications in respect of illegal contents of

the stored data exist, in particular as the result of a warning by a supposed infringed party,

unless this is obviously unfounded, or as the result of investigations by state authorities. The bar

shall be restricted to the supposed infringing contents, if possible. The customer shall be

informed of the bar and should be given the reason. The customer shall also be requested to

remove the supposed illegal contents or to present their legality and prove it, if necessary. The

bar shall be removed as soon as the suspicion has been invalidated.

4.2 If the customer operates programs on the rented storage space, which could negatively impact

or, due to known security flaws, threaten the operating characteristics of the systems of

KamaHost or its agents, KamaHost is entitled to immediately bar the offer of the customer.

The bar shall, if possible, be restricted to the programs causing the negative impact. The

customer shall be informed immediately of the bar and should be given reasons.

4.3 KamaHost is further entitled to temporarily disrupt the connection between the stored data and

the internet if the customer, defaults in paying the agreed fee or a

significant part thereof. KamaHost shall inform the customer that it intends to execute a bar at

least 48 hours prior to actual execution. After payment of the arrears, KamaHost shall

immediately remove the bar.

4.4 Despite the bar of an offer for one of the above mentioned reasons, the customer is obliged to

pay the agreed fee, even for the period where the bar applies.

5 Disruption of Availability, Other Defects

5.1 If disruptions of system availability occur, the customer shall inform KamaHost of this

immediately. KamaHost shall attempt to remove the disruption of availability immediately.

5.2 In the event of long-term, substantial defects of storage, KamaHost is entitled to remove the

defects within a period of grace of 14 days granted by the customer. If a substantial defect

cannot be removed within the period of grace, the contract partner can reduce the fee payable.

6 Additional Liability Provisions

6.1 KamaHost is not responsible for the content of the customer’s saved data or the saved

contents. KamaHost also does not accept liability for damage suffered by the customer due to

alterations of the saved data by the customer or other internet users.

6.2 In addition, KamaHost is not liable for any damages caused by the circumvention of password

protection and similar protection facilities through “hacking” on the server used by the

customer. KamaHost and the customer are both informed of the fact that a binding assurance

regarding the security of these protection facilities is not possible due to the manifold

opportunities of unauthorised third parties to influence the system in and via the internet.

7 Remuneration

7.1 The web hosting fees are payable by the customer in advance, at the beginning of the agreed period,

following invoicing.

7.2 The agreed flat rate comprises an individually agreed volume of storage and monthly data

transfer volume. In the event that the agreed volumes are exceeded, the customer shall pay an

additional fee. KamaHost shall inform the customer that the volumes have been exceeded

immediately after determining this, at the latest, however, when sending the next regular

invoice. If such information is not provided, the obligation to pay the additional fee no longer


8 Term

8.1 The agreement is concluded for an indefinite period.

8.2 The agreement can be terminated by both parties to the end of an agreed period. The notice of

termination must be received by the respective recipient at least two months prior to the day

that it should become effective. This does not affect the right of the contract partners to issue a

termination for cause.

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