General Terms of Service

General Provisions and Scope

These terms and conditions ("Agreement") set forth the general terms and conditions of your use of LinkAce Hosting ("Website" or "Service"), collectively, "Services"). This Agreement is legally binding between you ("User", "you" or "your") and this Website operator ("Operator", "we", "us" or "our"). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and the Operator, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

These terms apply exclusively. Deviating, conflicting, or supplementary terms and conditions of the Customer shall only become part of the contract if and to the extent that we have expressly agreed to their validity.

Subject Matter of the Contract

The subject matter of the contract is the provision of managed hosting for the open-source project LinkAce.
The Provider's servers are located in Germany.
This contract is exclusively governed by German law.

Conclusion of Contract

The presentation of the Service on our website does not constitute a legally binding offer, but rather a non-binding invitation to place an order.
By submitting an order, you make a binding offer to enter into a contract.
The contract is concluded when we accept your order by sending an order confirmation via email.

Scope of Services

The Service includes hosting of the LinkAce application without user limit.
You may provide email credentials for sending emails from your application. These credentials will be stored in encrypted form.
You may connect your own domain to the Service.
We perform daily backups of your application, and you may request a restore of these backups.
The Service is subject to a fair use policy regarding bandwidth usage.

Customer Obligations

You are obliged to provide accurate and complete information during the registration process.
You are responsible for maintaining the confidentiality of your account information.
You agree not to upload, transmit, or otherwise make available any content that is illegal, harmful, or infringes upon third-party rights.
You agree to comply with all applicable laws and regulations in your use of the Service.

User content

You are able to make LinkAce available to the public. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor and review the Content on the Website submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful, illegal or objectionable. Unless specifically permitted by you, your use of the Website and Services does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.

You warrant and represent that:

The content uploaded to or stored in LinkAce does not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
The content uploaded to or stored in LinkAce does not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
The content uploaded to or stored in LinkAce will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
We reserve the right to terminate the contract with you if you make content available to the public which offends the content restrictions as stated above. You will receive a first warning before a termination to get the opportunity to fix your content.

The termination of the contract, if applied to your user account, involves an immediate block of your user account. No data will be deleted. You will receive an email notification with further details. You have 2 business days to contact us, until we delete your user account and cancel your subscription. Money from the current running billing period will not be refunded.

Payment Terms

The Service is billed annually. Invoices are due within 30 days of issuance. If payment is not received within 30 days, we reserve the right to suspend your access to the Service. If payment is not received within 40 days of the original invoice date, we may terminate your account and delete all associated data.

Term and Termination

The contract is concluded for an indefinite period and can be terminated by either party with a notice period of 24 hours. The right to extraordinary termination for good cause remains unaffected. We reserve the right to terminate the Service immediately and without refund if you violate these terms, particularly if illegal content is associated with your account.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event will the Operator, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of the Operator and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to the Operator for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold the Operator and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Germany without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Germany. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Germany, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Changes and amendments

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

Last updated: January 17th, 2025

Contact Details / Impressum

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to [email protected]

(Angaben gem. § 5 TMG:)

LinkAce Hosting by Kovah.de Kevin Woblick Sedanstr. 24 12167 Berlin