General Terms of Use for Service Providers

for the use of internet platforms Hosttest – Marco Keul Gerhart-Hauptmann-Str. 5 33824 Werther Germany
Under the domains hosttest.co.uk, hosttest.de, hosttest.at, hosttest.ch (hereinafter referred to as "Hosttest"), an online comparison portal for services related to hosting is offered. The use and access to the online marketplace is based on these terms of use for represented providers.
All providers must acknowledge and confirm these terms of use during registration. Violations of these applicable terms of use may result in civil and criminal consequences.

1. Scope of Application

The right to use the platform covers all content, functions, tools and other services. Additional terms may apply to services that must be confirmed and accepted prior to use.

2. Scope of Usage Agreement

Hosttest is a comparison portal where service providers can offer hosting services. The offered services and products must not violate applicable legal regulations or these terms of use. As the operator, Hosttest merely provides a platform and thus the technical facility to enable communication between visitors and service providers.

3. Registration as Service Provider/Member

1. Registration as a service provider is required to create a profile and post offers. After successful verification and approval, the service provider profile and offers can be managed.
2. Usage rights for the provider directory are exclusively for companies as defined in § 14 BGB. (Hereinafter referred to as "provider", "member" and "service provider".) Registration is not permitted for minors and consumers as defined in § 13 BGB.
3. Registration is subject to a fee. More detailed information is displayed during the registration process.
4. During registration, the member chooses an email address and password. Access data must be kept secret and not shared with third parties.
5. Data requested during registration must be provided completely and truthfully. During the registration process, Hosttest sends a message to the email address provided by the applicant. Registration is only complete when the applicant confirms the link sent via email. Use of the platform is not possible without confirmation.
6. There is no entitlement to membership.
7. The service provider is obligated to describe offers and their profile correctly and completely. Properties and features of services must be stated truthfully. Images used must relate exclusively to the services offered and must not violate the rights of others.
8. Hosttest assumes no liability for violations by service providers and their content regarding applicable law or other violations.
9. Membership terms can be found in the online offer and have a duration of 12 months with automatic renewal for another 12 months if no cancellation occurs 30 days before contract renewal. Payment is made 12 months in advance or quarterly. All prices are net prices plus applicable VAT.
10. The service provider agrees with registration to receive notifications via email regarding their profile. These can be unsubscribed at any time in the internal area.
11. The service provider agrees with registration that their website or an alternative IP address will be subjected to continuous availability testing and the results published on hosttest.

4. Termination

The usage agreement runs indefinitely and can be terminated by Hosttest or the member with a notice period of seven (7) days. Membership fees already paid are not affected by termination and will not be refunded.

5. General Principles

1. All members of Hosttest are required to follow the general terms of use. The offers and profiles posted by service providers must not violate Hosttest principles, these terms of use, or applicable law.
2. The following information or activities are prohibited on Hosttest: • No actions may be taken that violate personality rights, copyright, patent, trademark, name or data protection law or other third party rights. • Content or actions must not be false, misleading, obscene, offensive, or fraudulent. • Contact data may only be used for contractual purposes or communication. Use for advertising purposes is prohibited. • Paid or manipulated reviews. • No data may be uploaded that could damage PCs such as viruses, macro viruses, Trojan horses, etc. • Specifying URLs or links within profile descriptions and/or offer texts is not permitted.
3. In case of violation of Hosttest principles, third party rights, these terms of use or legal regulations, Hosttest reserves the right to initiate appropriate measures. These include among others: • Deletion of content posted by the member • Warning of service providers • Restriction/limitation of marketplace usage • Temporary suspension • Permanent suspension if the member provides false contact information, transfers their member account, causes significant harm to other service providers, Hosttest or its visitors, or other reasons exist. After suspension of a member account, there is no claim to restoration.

6. Indemnification

The member hereby declares to indemnify Hosttest against any claims that are asserted by other service providers or other third parties against Hosttest due to a violation of rights or obligations. This does not apply if the member can prove that they are not responsible for the alleged violations of rights or obligations. The member shall bear costs incurred through legal defense by Hosttest including all court and attorney fees. In case of claims by third parties, the member is obligated to provide Hosttest immediately with all necessary information truthfully and completely that is required for legal defense or examination of claims.

7. Limitation of Liability

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8. Contract Transfer to Third Parties

With an announcement period of four weeks, Hosttest is entitled to transfer its rights and obligations from this contractual relationship in whole or in part to a third party. In this case, the member is entitled to terminate the usage agreement after notification of the contract transfer by Hosttest via email to request@hosttest.co.uk.

9. Changes to Terms of Use

To keep these terms of use current, Hosttest reserves the right to change, extend or update them at any time. The modified terms will be sent to the member with appropriate notice before taking effect via email. The modified terms take effect unless the informed member expressly objects. Hosttest will also specifically inform the member about the possibility of objection and the consequences of silent acceptance.

10. Final Provisions

1. German law applies exclusively to all arising legal disputes, excluding the UN Convention on Contracts for the International Sale of Goods. This does not affect mandatory legal provisions of the consumer's country of residence. 2. Exclusive place of jurisdiction for merchants, legal entities under public law or special funds under public law is Werther (Westfalen). This place of jurisdiction also applies if the member has no general place of jurisdiction in Germany, the member relocates their residence from Germany, or the residence/whereabouts is unknown.

Last updated: 25 of January 2025