GENERAL TERMS AND CONDITIONS

The following conditions apply to the services offered by menkiSys Networks e.U. Every user/customer is required to understand and accept these conditions by using the service. Any violation may result in immediate termination of the user account.

Each user/customer is solely responsible for the content of their files and must ensure that, for example, visitors who access the registered user’s services do not violate these conditions. menkiSys Networks e.U. assumes no responsibility for website content or files. The agreements stated here are based on the currently applicable statutory regulations governing telemedia services.

Acceptance of these Terms and the privacy regulations is a prerequisite for becoming a member or customer of menkiSys Networks e.U. If you do not agree, please leave the website and do not use it. Only legally competent persons, or minors with the consent of their legal representatives, are permitted to use the menkiSys Networks e.U. website.

Data storage and data backup are the sole responsibility of the customer. Regular backups are also part of the customer’s duty of care. In the event of technical problems, there is no claim for liability for damages, consequential damages, or loss of profit, except in cases of intent or gross negligence. In the event of data loss, the customer has no claims against menkiSys Networks e.U.

If you wish to terminate your contract with menkiSys, please send your cancellation at least 4 weeks before the end of the term by email or in writing to:

menkiSys Networks e.U.

Nittnerstraße 12

A-4614 Marchtrenk

Austria

menkiSys Networks e.U. may amend these Terms with a reasonable notice period. If the customer does not object to the amendment within a period set by menkiSys Networks e.U., the amendment shall be deemed approved. menkiSys Networks e.U. will inform the customer in the amendment notice that the amendment will become effective if the customer does not object within the set period.

menkiSys Networks e.U. may send information and declarations relating to the contractual relationship to the customer’s email address.

1. WEB RADIO (Audio and Video):

Free Shoutcast web radio packages are currently provided free of charge and may be discontinued at any time. Users of free Shoutcast web radio packages have no entitlement to the availability of these services. We reserve the right to delete or deactivate these free Shoutcast web radio packages at any time. Each customer is obliged to inform themselves independently about the legal situation regarding the operation of an audio stream. The provider’s prices do not include fees for any additional required obligations. All rights, contracts, austro mechana (Society for the Administration of Mechanical-Musical Copyrights Ltd.), GEMA, etc. (e.g., copyright, usage and broadcasting rights) for the transmitted content are the responsibility of the customer. Fees, license charges, etc. are to be paid by the customer to the relevant bodies depending on their use. The customer is subject to the rights and obligations of the respective country of broadcasting or live transmission and the rights and obligations of the viewers’ country; in any case, Austrian law also applies. In the event of non-compliance with this clause, menkiSys Networks e.U. cannot be held liable in accordance with these Terms.

2. DEDICATED ROOT SERVERS – CLOUD SERVERS – VIRTUAL SERVERS:

The menkiSys server systems are installed and configured according to the customer’s requirements. The server systems undergo an extensive security check before being delivered to the customer. The term of cloud servers or dedicated root server systems is between 1 and 36 months and will be automatically extended by the contract term selected at the time of order, unless cancelled 4 weeks before the end of the service period.

The contract term for separate (special) dedicated root server systems is generally agreed for 1 to 60 months. Separate root server systems are special root server systems (multiple additional hard drives, special RAID controller, dedicated firewall, etc.) that were explicitly ordered and set up for the customer. These are subject to special contracts and are agreed or concluded separately.

Storage and backup of data on the cloud or dedicated root servers provided by us is the sole responsibility of the customer. Regular backups are also part of the customer’s duty of care, even if the customer has purchased additional backup services from menkiSys. If the customer books an additional backup system with menkiSys, they are not released from backing up their own data.

3. CLOUD STORAGE

Free cloud storage packages are currently provided free of charge and may be discontinued at any time. Users of free cloud storage packages have no entitlement to the availability of these services. We reserve the right to delete or deactivate these cloud storage packages at any time. Users of these services may upload only legal files to the menkiSys server systems. We reserve the right to delete any illegal content from our servers and/or file criminal charges if any rules have been violated under section: "7. Restrictions".

Storage and backup of data on the cloud or dedicated root servers provided by us is the sole responsibility of the customer. Regular backups are also part of the customer’s duty of care, even if the customer has purchased additional backup services from menkiSys. If the customer books an additional backup system with menkiSys, they are not released from backing up their own data.

4. RIGHTS OF MENKISYS NETWORKS E.U.:

menkiSys Networks e.U. is not liable for any server downtime. The data center in which the servers are located guarantees 99.5% availability on an annual average.

To protect against and prevent criminal acts, logs of user data and accesses are kept. These logs are stored indefinitely. Each user agrees to the storage of these logs in full.

In the event of technical problems, there is no claim for liability for damages, consequential damages, or loss of profit, except in cases of intent or gross negligence.

5. LIABILITY / DAMAGES:

The contractor is liable to the client for damages – excluding personal injury – only in cases of gross fault (intent or gross negligence). This also applies accordingly to damages attributable to third parties engaged by the contractor.

Claims for damages by the client may only be asserted in court within six months from becoming aware of the damage and the party responsible, but at the latest within three years after the event giving rise to the claim. In each case, the client must prove that the damage is attributable to the contractor’s fault.

If the contractor performs the work with the assistance of third parties and warranty and/or liability claims arise against these third parties, the contractor assigns these claims to the client. In this case, the client will primarily pursue these third parties.

6. PAYMENT:

All payments must be made within 10 days of receipt of the invoice, without deduction, to the account specified to you. The same rules apply for PayPal payments. If the customer is in default after multiple reminders, menkiSys Networks e.U. is entitled to block the customer’s online presence. In the event of default, standard bank default interest of 10% p.a. will be charged. The right to claim further damages remains reserved. By placing an order, the customer expressly waives the right of withdrawal (14 days), as we create the ordered servers or hosting packages immediately after the order is placed. Cancellation/deactivation of the order within this 14-day period therefore involves costs. Such deactivation of the online presence does not release the customer from their payment obligation, neither for outstanding amounts nor for fees becoming due in the future. The claim of menkiSys Networks e.U. to payment of the fees for the agreed term until the next possible cancellation date, and the claim of menkiSys Networks e.U. to assert claims for damages, remain unaffected.

menkiSys Networks e.U. sends up to 3 chargeable reminders to the customer. The reminder fee may reach a maximum amount of EUR 5, 10 or 15 per reminder. Furthermore, no changes can be made to any services existing for the customer (deletion, cancellation, provider change, tariff change) in the case of outstanding invoices.

Invoices are sent to the customer up to 4 weeks before the end of the services. After the invoice is issued, we have already purchased the customer’s domains and/or extended the services/products with our supplier/service provider and insist on payment of the outstanding amount.

Set-off against disputed and not legally established counterclaims is excluded. The retention of payments by the customer due to counterclaims from other contractual relationships is excluded.

If issued invoices are not disputed within a period of 14 days by email or postal letter, they are deemed accepted.

7. OBLIGATIONS:

The user is obliged to independently and regularly inform themselves about current technical changes, as well as changes regarding these Terms. The user undertakes to publish an imprint (legal notice) on their website that contains at least the full name, postal address and an email address. Each user must ensure that all files uploaded by them do not infringe rights or similar claims of third parties. Furthermore, the user must ensure that legal requirements are complied with in all cases. menkiSys is in no case liable for compliance with or violation of these circumstances. In general, menkiSys reserves the right to delete content created by users in case of doubt.

8. RESTRICTIONS:

Prohibited are pyramid/snowball schemes or job/home-working offers, as well as chain letters. Pages whose only purpose is forwarding are strictly prohibited and will be removed immediately without prior notice. Pages that, for any reason, require the entry of usernames or passwords for third-party services are not permitted.

The traffic flat rate is used under a fair-use principle. We reserve the right to throttle or block websites/services with very high download volumes (more than 1TB of data transfer per month). If the traffic limit is exceeded, EUR 1 will be charged for each additional 1 gigabyte.

If illegal content is published (pornography, racist content, or copyrighted MP3 files), criminal charges will be filed and all data and IP addresses will be forwarded. Distributing viruses/trojans/worms or torrent trackers etc. is strictly prohibited.

Sending mass emails (SPAM) – (newsletters are permitted) as well as mass postings in newsgroups is not allowed. menkiSys Networks e.U. is entitled to block any customer account if there are verifiable reasons for doing so. In the event of a permanent block of the menkiSys account, there is no claim for a refund of amounts already paid.

The user agrees to receive possible notifications from menkiSys by email at irregular intervals.

The place of jurisdiction is agreed to be Wels/Austria.

9. Information on exercising the right of withdrawal:

Notice of withdrawal:

You have the right to withdraw from the contract concluded with us within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract is concluded. To exercise your right of withdrawal, you must inform us

[Name, address, telephone number, email address]

by means of an unequivocal statement (e.g., a letter sent by post, email or via support ticket) of your decision to withdraw from this contract.

Consequences of withdrawal:

If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs, without undue delay and at the latest within fourteen days from the day on which we receive notification of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise; in no event will you be charged fees for this reimbursement. If you requested that the services begin during the withdrawal period, you shall pay us an appropriate amount corresponding to the proportion of services already provided up to the time you informed us of the exercise of the right of withdrawal in relation to the total scope of services provided for in the contract.

Any reproduction, disclosure or use of all content provided by us is not permitted without the prior written consent of the company menkiSys Networks e.U.