General Terms of Use for Service Providers

for the use of the 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 are based on these terms of use for service providers.
All providers must read 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 conditions may apply to services that must be confirmed and accepted prior to use.

2. Scope of the 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 operator, Hosttest merely provides a platform and the technical means 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 review and approval, the provider profile and offers can be managed.
2. Only companies as defined by § 14 of the German Civil Code (BGB) are entitled to use the provider directory (hereinafter referred to as "Provider", also "Member" or "Service Provider"). Minors and consumers as defined by § 13 BGB are not allowed to register.
3. Registration is subject to a fee. Detailed information is provided during the registration process.
4. During registration the member chooses an email address and a password. Access data must be kept secret and must not be shared with third parties.
5. The data requested during registration must be provided completely and truthfully. During registration Hosttest sends a message to the email address provided by the applicant. Registration is only complete when the applicant confirms the link sent by email. Without confirmation, platform use is not possible.
6. There is no entitlement to membership.
7. The service provider is obliged to describe offers and their profile correctly and completely. Features and characteristics of the services must be stated truthfully. Images used must relate exclusively to the offered services and must not infringe the rights of others.
8. Hosttest assumes no liability for violations by service providers and their content with regard to applicable law or other infringements.
9. Membership terms are available on the online offer and have a term of 12 months with automatic renewal for a further 12 months unless terminated 30 days before renewal. Payment is made 12 months in advance or quarterly. All prices are net prices plus applicable VAT.
10. By registering, the service provider agrees to receive notifications by email related to their profile. These can be unsubscribed in the internal area at any time.
11. By registering, the service provider agrees that their website or an alternative IP address may be subject to continuous availability testing and that the results may be published on Hosttest.

4. Termination

The usage agreement runs for an indefinite period and may be terminated by Hosttest or the member with seven (7) days' notice. Membership fees already paid are unaffected by termination and are not refunded.

5. General Principles

1. All members of Hosttest are obliged to comply with 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:
Actions that violate personality, copyright, patent, trademark, name or data protection rights or other rights of third parties are not permitted.
Content or actions must not be false, misleading, obscene, insulting or fraudulent.
Contact details may only be used for contractual purposes or communication. Use for advertising purposes is prohibited.
Paid or manipulated reviews are prohibited.
No data may be uploaded that can harm PCs, such as viruses, macro viruses, Trojan horses, etc.
The inclusion of URLs or links within profile descriptions and/or offer texts is not permitted.
3. In the event of a violation of Hosttest principles, third-party rights, these terms of use or legal regulations, Hosttest reserves the right to take appropriate measures. These include, among other things:
Deletion of content posted by the member
Warning of service providers
Restriction or limitation of marketplace use
Temporary suspension
Permanent suspension if the member provides incorrect contact details, transfers their account, significantly harms other service providers, Hosttest or its visitors, or for other reasons. After suspension of an account there is no entitlement to restoration.

6. Indemnification

The member hereby declares that it will indemnify Hosttest from any claims asserted by other service providers or third parties against Hosttest due to a breach of rights or obligations. This does not apply if the member can prove that it is not responsible for the alleged breaches. Costs arising from the legal defense of Hosttest, including all court and attorney's fees, must be borne by the member. In the event of a claim by third parties, the member is obliged to provide Hosttest with all necessary information immediately, truthfully and completely that is required for legal defense or examination of the claims.

7. Limitation of Liability

1. Hosttest is not liable for third-party content and for the conclusion or performance of contracts between service providers and visitors to the platform. 2. Hosttest assumes no liability for content posted by service providers. 3. In the event of negligent damage, Hosttest is only liable for the breach of essential contractual obligations (cardinal obligations). These are obligations whose fulfillment makes proper performance of the contract possible in the first place and on which the contractual partner regularly relies. 4. Hosttest is not liable for effects when the availability of the website or tools (e.g., review widgets) is restricted, partially or wholly interrupted, e.g., due to maintenance or other reasons. 5. The above exclusions and limitations of liability do not apply in the event of injury to life, body or health.

8. Transfer of Contractual Rights to Third Parties

With four weeks' notice, Hosttest is entitled to transfer its rights and obligations under 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 transfer by Hosttest via email to anfrage@hosttest.de.

9. Changes to the Terms of Use

To keep these terms of use up to date, Hosttest reserves the right to change, extend or update them at any time. The amended terms will be sent to the member by email with an appropriate notice period before coming into effect. The amended terms come into force unless the informed member objects explicitly. Hosttest will also inform the member separately about the possibility of objection and the consequences of passive acceptance.

10. Final Provisions

1. German law exclusively applies to all legal disputes arising from this agreement, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory legal provisions of a consumer's country of residence remain unaffected. 2. The exclusive place of jurisdiction for merchants, legal entities under public law or special funds under public law is Werther (Westphalia). This place of jurisdiction also applies if the member has no general place of jurisdiction in Germany, moves their residence abroad, or if the place of residence/location is unknown.

Last updated: 25.01.2025