Nicolas Janzen individual enterprise (ProHosting24) operates the internet portal with the URL "https://prohosting24.net/" under the name "ProHosting24". It is a platform on which customers can rent server services, including web hosting, voice servers as well as VPS and domains. Customers can register on the website at no cost. User name, e-mail address and password are required for registration. The services of ProHosting24 are booked according to a pre-paid system. With the registration the customers have the possibility to charge a customer account with currency "EURO". The general terms of service ("ToS") regulate the contractual relationship between ProHosting24 and the customers who use the server services.
ProHosting24 offers its customers the possibility to rent products according to a prepaid system. The customer can determine the period of the product himself and extend it as desired. A shortening of the period rented by the customer or an early cancellation of the rented services is possible. In case of an early cancellation by the customer ProHosting24 is entitled to charge 50% of the fees for the remaining period of the contract as a handling fee. The booking of a product of ProHosting24 requires a registration as a customer. The registration itself is free of charge. ProHosting24 can refuse the registration of a customer at any time without giving reasons. For the registration the customer has to fill in the registration form. User name, e-mail address and password are required for registration. The services may only be used for the purposes specified by ProHosting24. It is prohibited to store or distribute illegal or copyrighted content on the products provided. Temporary restrictions may result from technical disruptions such as interruption of telecommunications, power supply, hardware and software errors. Reimbursement for such a failure is possible; type of reimbursement is determined by ProHosting24.
The services listed by ProHosting24 and the order options are merely an invitation to the customer to submit an offer. A binding contract between ProHosting24 and the customer is only concluded upon acceptance by both parties. The payment and billing of the services takes place exclusively via the established customer account. By booking a product the customer accepts the current prices for the service and authorises ProHosting24 to debit the fees from his customer account. For individual products such as Webhosting, VPS, Applications or domains, the prices may be adjusted to the market economy. For this reason, prices are subject to change. A written confirmation of receipt will be issued by ProHosting24. The customer has the possibility to create a printout of his customer account at any time. Due to the legal basis of the German Money Laundering Act (GwG) and the general terms of services of some payment service providers, existing credit cannot be paid out. The credit balance remains on the customer account without an expiry date.
Only any natural person, partnership or legal entity with unlimited legal capacity may become a customer with unlimited usage rights. Underage customers from the age of 14 are granted a limited usage option. With the registration the underage customers assure that a consent of the legal parents for the use of the services of ProHosting24 is available. ProHosting24 is entitled to request a written consent of the legal parents at any time. To ensure compliance with the protection of minors, ProHosting24 reserves the right to carry out an age verification procedure. The age verification can be carried out automatically on the basis of the data provided by the customer. ProHosting24 is entitled to request suitable proof of age verification at any time. The customer has to provide the personal data in the registration form completely and correctly. Registration with inaccurate information is prohibited. ProHosting24 is entitled at any time to challenge and prematurely terminate the contract in the event of inaccurate information. In the event of termination of the contract by ProHosting24, no refund of fees already paid will be made. The account balance from the customer account will be collected and not paid out. Each customer can be blocked by ProHosting24 in the case of an important reason, e.g. unlawful violation or violation of the ToS. In the event of a blocking by ProHosting24, no refund of fees already paid will be made. The account balance from the customer account will be withdrawn and not paid out.
Customers maintain a customer account with ProHosting24 in the currency "EURO (€)". The customer account can be chargen up with the offered means of payment (e.g. PayPal, Sofort, paysafecard or Creditcard). Payments are only accepted in the currency "EURO". Payments in "EURO" will be credited to the customer account after deduction of any third-party fees. If the customer account is closed, any fees incurred and shown will be deducted from the current credit balance. An overdraft of the customer account is not possible. The amounts paid into the customer account can only be used for the services offered by ProHosting24. The customer account can be deactivated or deleted without giving reasons and at the discretion of ProHosting24, e.g. if the last login of the customer shows a period of more than one year.
The customer may terminate his customer account at any time at the end of the term of the services booked by him. ProHosting24 can terminate the customer account without giving reasons with a notice period of one month to the end of the term of the booked services. With a blocking or deletion of the customer account, the booked services are also terminated and removed. Reactivation of the customer account is not possible after deletion. The amounts paid into the customer account will not be paid out.
Through ProHosting24, customers can receive a donation from other users. Donations are regular payments with which the customer account can be charged with the currency "EURO". The same points of "5. set up / management of the customer account" apply. Due to the legal basis of the German Money Laundering Act (GwG) and the general terms and services of some payment service providers, existing credit balances and thus also donations cannot be paid out. Donations remain on the recipient's customer account without an expiry date. ProHosting24 reserves the right to deactivate the option for donations at any time under certain conditions or for an important reason, e.g. unlawful violation, abuse or violation of the GwG.
Orders by private individuals: The contractual declaration can be revoked by a customer within two weeks without stating reasons in text form, including letter, fax, e-mail or via the contact form. The period begins at the earliest with the receipt of a detailed instruction about the right of withdrawal in text form. The timely dispatch of the revocation is sufficient to meet the deadline. Contact options for a revocation Orders by entrepreneurs: If a customer has acted in his commercial or self-employed professional activity, there is no right of revocation. Consequences of revocation: In the event of an effective revocation, the services received by both parties must be returned and any benefits derived must be returned. If the customer has requested that the services begin during the revocation period, the customer shall pay an appropriate amount corresponding to the proportion of the services already provided up to the point in time at which ProHosting24 informs the customer of the exercise of the right of revocation with regard to this contract compared to the total scope of the services provided for in the contract. If the received service cannot be returned in whole or in part or only in a deteriorated condition, compensation must be paid to ProHosting24 to this extent. The right of withdrawal shall cease to apply as soon as ProHosting24 has already provided the booked services, set them up for the customer and made them available.
ProHosting24 shall be liable to the customer in accordance with the statutory regulations for damages arising from injury to life, body or health which are based on an intentional or negligent breach of duty by ProHosting24 as well as for other damages which are based on an intentional or grossly careless breach of duty as well as fraudulent intent. In addition, ProHosting24 shall be liable for damages in accordance with mandatory statutory provisions and in the event of the assumption of guarantees. Unless one of the aforementioned cases exists, ProHosting24 shall only be liable for slight negligence if its legal representatives, executive employees or other vicarious agents violate a material contractual obligation. In these cases the liability is limited to typical and foreseeable damages. In all other cases ProHosting24 shall not be liable for slight negligence. ProHosting24 is not liable for indirect or consequential damages. ProHosting24 assumes no liability for input, transmission and / or evaluation errors, as these are beyond the control of ProHosting24. The customer is responsible for contents which the customer places on the internet and is liable for possible infringements of the law. ProHosting24 does not take over any liability for the contents of the customer. Upon gaining knowledge, all services rented from ProHosting24 will be disabled immediately. ProHosting24 has the right to correct obvious mistakes, especially in the indication of information and prices, also afterwards. A claim for damages by the customer is excluded in these cases. In accordance with §280 BGB (German Civil Code) ProHosting24 is not responsible for downtimes which are not within the sphere of influence of ProHosting24 ( force majeure, fault of third parties, etc.).
ProHosting24 is entitled to change the content of these Terms of Service at any time with the consent of the customer, provided that the change is reasonable for the customer, taking into account the interests of ProHosting24. Consent to the amendment shall be deemed to have been given unless the customer disagrees to the amendment within four weeks of receipt of the notice of amendment. ProHosting24 is obligated to inform the customer of the consequences of an omitted disagreement with the notification of change. If the customer disagrees within this period, ProHosting24 is entitled to terminate the contractual relationship in compliance with the deadline and to block the customer's account.
Abusive behaviour on the platform of ProHosting24 or the services operated by ProHosting24 is prohibited. Abusive behaviour occurs if the customer: intentionally provides incorrect, misleading or incomplete information, opens a customer account with ProHosting24 without authorisation, frauds or attempts to fraud (e.g. if the customer uses mechanisms, software or other scripts in connection with the use of the platform of ProHosting24 or the services operated by ProHosting24) has intentionally caused a disturbance or a malfunction manipulates the services provided, violates other obligations and / or rights of others resulting from legal provisions, the ToS of ProHosting24 as well as its general rules of conduct.
In the event of high utilisation of the network, the CPU resources or the write and read speeds of the memory, ProHosting24 reserves the right to disable shared hosting services without notification. In the event of above-average use of fair-use traffic, ProHosting24 reserves the right to disable the respective rented services. The sum of the fair-use traffic is divided by the total traffic contingent of the respective service and determined by the number of the respective rented service. Intentional sabotage of the functioning and quality of shared hosting services leads to the immediate suspension of the customer account and all rented services. A suspension according to ToS point 12 leads to the archiving of logs and the creation of an internal company report.
These General Terms and Conditions (ToS) shall be exclusively applicable under German law. The place of jurisdiction for all claims based on this contractual relationship as well as all disputes arising between the parties concerning the conclusion, execution or termination of the contractual relationship shall be in Lemgo (NRW), insofar as the customer is a merchant or has no general place of jurisdiction in Germany. Should any provision of the Terms and Conditions be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected thereby. If a provision is invalid, it shall be replaced by the legally permissible provision. Only German and English is available as the contractual language.