General Terms and Conditions Version 17, September 2024 Contractual partner The customer's contractual partner is regfish GmbH with its registered office at Bleichstraße 8 in 35390 Gießen, Germany, hereinafter also referred to as "regfish", "we" and/or "us". Applicable Law regfish GmbH provides all services based on the general terms and conditions and the information on the official website at regfish.de. General terms and conditions or additional contracts on the part of the customer are expressly not accepted and are not the subject of the agreements. Individual agreements between the parties are generally not valid, but only if they are written and signed by both parties authorized to sign. regfish is entitled to change these terms and conditions including terms of use, service descriptions, price lists and data protection declarations, etc. at any time. If the customer does not object within two weeks of notification, the changes will become an integral part of the contract concluded between the customer and regfish. If the customer objects in a timely manner, regfish can terminate the contract with two weeks' notice and reimbursement of fees for the current billing period (1 month). If regfish does not terminate despite objections from the customer, the contract will continue under the old conditions. These terms and conditions and all changes are permanently available on the Internet on the regfish GmbH website at regfish.de. The customer is hereby expressly requested to view, save and print out these General Terms and Conditions. The notification of changes via this point is agreed as sufficient notice. In accordance with the legal provisions regarding distance selling contracts, the customer has no right of withdrawal or return if goods or services have been customized according to the customer's specifications or otherwise. Such an individually adapted service lies in particular in the registration of domain names and rental servers ordered individually according to customer requirements. A right of withdrawal is expressly not granted to customers who are not consumers under current law. Furthermore, the provisions on distance selling contracts do not apply to goods whose value may already have irreversibly accrued to the consumer. The customer expressly agrees to the immediate start of performance of the services by regfish GmbH. The concluded contract for communicating the customer's registration application to the responsible authorities is subject to the specific registrability of a respective domain with the responsible authority (registry, such as DENIC eG) at the time of transmission by regfish. If such registration is not possible at the specified time, regfish will be released from the obligation to provide services. Domain names The customer guarantees that the domain requested by him and/or its use does not violate the rights of third parties. This applies in particular with regard to brand names, company and name rights as well as intellectual property rights. The customer further assures that the requested domain and/or its use does not violate any criminal or fine regulations or violate any other legal regulations. The customer fully indemnifies regfish and the other persons involved in the registration process and ongoing domain maintenance from third-party claims for compensation as well as all expenses that are based on the unauthorized use of a domain name by the customer or with the approval of the customer. The customer agrees to all measures that regfish has to take in order to comply with enforceable orders from German authorities or enforceable decisions from German or internationally competent courts. When choosing the domain name, the applicant is responsible for compliance with naming rights; any conflicts that may arise with registered or protected names must be resolved in advance. The customer indemnifies regfish and all other persons and companies involved in the registration from third-party claims for compensation as well as all expenses that are based on the unauthorized use of a domain by or with the approval of the customer. The domain owner undertakes to observe the respective dispute policy of the relevant registry if any conflicts arise regarding the domain name. For DE domains: can be viewed at www.denic.de, UDRP for all other domains, unless otherwise stated by the relevant registry. Since the registration of the requested domains is the sole responsibility of the responsible NICs and regfish has no influence on this, regfish cannot guarantee a specific time frame for registration. However, when using regfish's automated interfaces, the orders are processed immediately and forwarded to the responsible awarding authority (registry). Registered domain names will be automatically extended for a further minimum term after the desired registration period has expired, unless notice of termination has been received in due time and automatic billing can be carried out by direct debit or credit card. If regfish intends to delete a domain that has not previously been canceled in writing (e.g. due to missing or incorrect payment data) on the expiry date, the customer will be warned early and at regular intervals by email and will be given the opportunity to extend the domain. For domain registrations, the domain guidelines and/or registration conditions of the relevant registration authority (e.g. DENIC domain guidelines) become part of this agreement. Server, hosting, colocation & email services The customer is obliged to use the services and facilities of regfish GmbH properly and to ensure that the network infrastructure or parts of it as well as the access options to the regfish services are not misused. The customer must ensure his own backup of his data. This must be done on an external, customer-owned or third-party computing unit, regardless of the data inventory at regfish GmbH. The customer is required to adequately insure the equipment they have provided to regfish GmbH themselves. Insurance coverage for the customer's own equipment is not included in the monthly fees. The customer is obliged to ensure that the content of his stored and provided data is not illegal, in particular does not violate applicable criminal and administrative offenses or data protection law or violates copyrights, trademark and other identification rights or personal rights of third parties. In particular, the customer must independently ensure that his precautions regarding backups and other automated processing of his data comply with the legal requirements (e.g. in accordance with the Telecommunications Act (TKG) and the Federal Data Protection Act (BDSG)). The customer undertakes not to send any mass mailings via email without being individually requested to do so by the email recipients. If the customer violates this obligation, he is obliged to compensate regfish GmbH for any damage that has arisen or will arise, as well as to hold regfish GmbH harmless from third-party claims for damages and reimbursement of expenses caused by the violation. regfish GmbH has the right to block the availability of the customer's data if the customer violates his obligations. If there is sufficient suspicion of a violation, regfish GmbH is entitled to temporarily block it. The operation of anonymization services or supporting nodes (e.g. Tor servers), audio & video streaming servers, torrent servers, FTP mirrors or other services that make excessive or disproportionate use of regfish GmbH's network infrastructure is not permitted. Transfer of services to third parties (reselling) The customer is entitled to pass on the services obtained from regfish GmbH to third parties for a fee. The customer remains a direct contractual partner of regfish GmbH, with all rights and obligations. regfish GmbH will keep itself in the background as much as possible. Fees, payment terms & due dates Proper invoicing is generally carried out online via the administration interface (My customer account, My invoices) and by email, unless otherwise stated in the service descriptions or separate contractual agreements. If the customer wishes an invoice to be sent by post, he or she must pay an additional fee per invoice. As soon as the customer defaults, regfish is entitled to charge default interest of 5% or 8% above the base interest rate of the European Central Bank, unless less damage can be proven. The customer must ensure that the data stored for the payment methods stored (e.g. bank details, credit card details) is kept up to date and, if necessary, updated throughout the entire contract period. For returned or unredeemed direct debits, the bank fees incurred must be reimbursed by the customer. In addition, the customer must pay regfish a processing fee of EUR 30 per return debit. However, this does not apply in its entirety if the non-redemption and return is due to misconduct on the part of regfish. regfish is also authorized to charge a fee of EUR 5.00 for each justified reminder, unless less damage can be proven. regfish is entitled to restrict or completely discontinue its services during the delay. In particular, regfish is entitled to prevent the customer from making any adjustments once the payment default occurs and the first payment reminder is sent. If the deadline specified in the payment reminder has expired without result, regfish is also entitled to partially or completely block all of the customer's domain names and their access to the services (e.g. by deactivating the RR entries or DNS zones). If the deadline specified in a reminder has expired without success, regfish GmbH is entitled to no longer keep the customer's registered domains registered without separate notice and to release them or hand them over to the transit area of ​​the respective registry (for .de and *.at domains). In this case, the entitlement to remuneration remains in full. If the deadline expires without result, regfish GmbH is also entitled to deactivate any servers or “managed services” rented by the customer and/or to deactivate the connection to the Internet or to throttle the bandwidth available to the customer in order to minimize risks. Disclaimer regfish is liable for intent and gross negligence, but only for slight negligence if essential contractual obligations are breached. The customer's claims for compensation are limited to the amount of damage that would normally be expected. This also applies to negligence on the part of vicarious agents or legal representatives of regfish GmbH. Liability under the Product Liability Act and producer liability remain unaffected. The customer must notify regfish GmbH in writing of obvious defects immediately, but at the latest within two weeks of delivery. Defects that cannot be discovered within this period even after careful inspection must be reported to regfish in writing immediately after discovery. The customer is aware that, given the current state of technology, it is not possible to develop software and Internet applications in such a way that they work error-free under all conceivable operating conditions. regfish GmbH therefore only guarantees that the deliveries and services provided meet the agreed requirements and the essential performance features. regfish can initially ensure improvements through - if necessary multiple - improvements. If the repair ultimately fails or is unreasonable, the customer has the right to reduce the remuneration appropriately or to cancel the contract. Regfish is not responsible for delays in delivery and performance due to force majeure and events that make delivery significantly more difficult or impossible for regfish (this includes, in particular, strikes, lockouts, official requirements, etc., even if they occur at a supplier or sub-supplier), even if deadlines and dates have been bindingly agreed. In this case, regfish is entitled to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up time or to withdraw from the contract in whole or in part due to the part that has not yet been fulfilled. If the hindrance lasts longer than three months, the customer is entitled, after setting a reasonable grace period, to withdraw from the part of the contract that has not yet been fulfilled. If the delivery time is extended or regfish is released from its obligation, the customer cannot derive any claims for damages against regfish from this, but only if regfish has immediately notified the customer of the reasons for the delay. To indemnify third parties against claims that are based on unlawful actions by the customer or errors in the content of the information provided by the customer. This applies in particular to copyright, data protection and competition law violations. Communication regfish will contact the customer using the contact details provided during registration. The customer guarantees that the data he has entered is correct and complete. The customer undertakes to always keep his master data up to date. This applies to the customer data record provided by the customer when registering and all contact handles created. All address data regarding contact handles and master data can be updated free of charge via the customer area. You can contact regfish GmbH at the following address: Bleichstraße 8, 35390 Gießen, Germany Ordinary and extraordinary termination The mutual right to extraordinary termination remains unaffected by the contractual regulation on ordinary termination. regfish has the right to extraordinary termination in particular if the customer is in default with one or more payments even 14 days after the second payment request; the opening of insolvency or composition proceedings over the customer's assets has been applied for, such proceedings have been opened or the opening of such proceedings has been rejected due to a lack of assets; the customer violates one or more points of this contract; another company takes over the activities of regfish and offers the customer a contract corresponding to this contract. The notice period for domain names is a maximum of 40 days to the end of the term (in most cases 1 day to the end of the term); for hosting and email packages 1 day to the end of the term. Termination for good cause remains unaffected. Place of jurisdiction For customers whose place of residence or usual place of residence or place of business is outside the Federal Republic of Germany, Giessen, Germany is the place of jurisdiction for all claims in connection with this contractual relationship. However, regfish remains entitled to sue at the customer's general place of jurisdiction. Giessen, Germany, is also agreed to be the non-exclusive place of jurisdiction in all other cases. In the event of legal disputes, the address for summons is: regfish GmbH, Bleichstraße 8, 35390 Gießen, Germany. Severability clause If a provision of these terms and conditions is ineffective, the remaining terms and conditions remain unaffected. In place of the invalid condition, a condition that comes closest to the purpose of this provision in a legally effective manner is deemed to have been agreed. Unless otherwise stated in these General Terms and Conditions or otherwise expressly agreed, all declarations by the contracting parties can also be sent by email.