Extensive exclusion of liability for consequential losses, lost profits, and technical problems. Liability is capped at monthly rent for availability issues and limited to gross negligence/willful intent, excluding simple negligence for fundamental obligations except in narrow cases.
Governed by German law with jurisdiction in Karlsruhe. However, this applies only if the customer is a merchant, public entity, or has no general jurisdiction in Germany. For other consumers, standard EU/German consumer protection rules likely apply, but the fragment is ambiguous.
The document reveals significant privacy risks: creditworthiness data is shared with third parties (mediaFinanz GmbH) including calculated probabilities, and login credentials are sent via standard email. There is no mention of GDPR-compliant consent mechanisms, data minimization, or user rights like access or deletion within this scope.
One-sided indemnification requiring the customer to indemnify netcup for all third-party claims resulting from illegal content, including legal defense costs. Customer is also liable for all losses incurred by netcup due to breach.
Price changes can be imposed with only six weeks' notice, and silence constitutes acceptance of new prices. Late fees and administration fees are charged. Cancellation requires active notice.
The document places responsibility on the user for content legality but does not explicitly claim ownership of user content. It prohibits illegal content but lacks a detailed DMCA process.
Termination clauses are heavily skewed towards the provider with minimal due process for the user, specifically allowing termination for insolvency or fundamental breach without clear cure periods beyond warnings.
Prices can be changed with notice, and silence equals acceptance. The document itself doesn't describe how T&Cs are modified, only prices.