General Terms and Conditions
1.1. Xircuit is a service provided by Xircuit GmbH & Co. KG (hereinafter referred to as Service Provider). By registering with Xircuit as user, you (hereinafter referred to as Xircuit User) accept these Terms of Service (hereinafter referred to as TOS) pertaining to the use of Xircuit.
1.2. The services provided are exclusively for persons who have reached the age of 14. If the Xircuit User operates a store (see 2.1) the minimum age is 18 years.
1.3. The Service Provider reserves the right to complement, extend, change, discontinue or improve services offered, in particular where such measures will improve the technological standard of the services or are deemed necessary for preventing abuse. Such modifications may lead to changes in the appearance of the XircuitPages. The Service Provider will only make such modifications if they are reasonable and acceptable for the Xircuit User or if their implementation is required by law.
1.4. Furthermore, the Service Provider may, with the consent of the Xircuit User, amend the contract with the Xircuit User as well as these Terms of Service. Consent to the amendment shall be deemed as given if the Xircuit User does not object to the amendments within one month after receipt of the amendment notice. In the amendment notice the Service Provider will inform the Xircuit User of the consequences of his failing to lodge an objection.
2. Object of the contract, amendment of the contract
2.1. Xircuit provides an online service allowing Xircuit Users to create their own Website (referred as XircuitPages). The services allow Xircuit Users to adapt the design of their own XircuitPage, to create and manage the site’s content, and to operate an online store. Xircuit offers different versions of this service: (a) a free XircuitPage (referred to below as "XircuitFree") and (b) more comprehensive XircuitPage versions which are subject to a fee (referred to below as "XircuitPro" and “XircuitBusiness”). For updated specifications for these versions please visit http://www.Xircuit.com/pricing/
2.2. All services provided by the Service Provider free of charge may be discontinued at any time. In such a case the User will not be entitled to claim the continuation of this type of service.
2.3. Users of paid Xircuit plans (XircuitPro and XircuitBusiness) agree that the invoice for the service will be sent electronically (via email). The invoice is valid without a signature.
2.4. In the event that the XircuitFree User fails to log onto his XircuitPage within 180 days, the Service Provider may delete the XircuitPage and its contents permanently and suspend all access to Xircuit by the User.
2.5. XircuitFree Pages contain advertisements. The Xircuit User is not permitted to edit, remove, or conceal any advertisements.
2.6. The XircuitPages of XircuitFree Users are published under a sub-domain (e.g., www.username.Xircuit.com). XircuitFree Users are not permitted to redirect an externally hosted domain to their XircuitPage or to display the XircuitPage on an external Website (e.g. integration via frame or Iframe).
2.7. The Service Provider reserves the right to make use of the services of third parties in providing services.
3. Personal Data
3.1. The Xircuit User confirms that all the personal data provided is true and complete. The Xircuit User hereby agrees to the recording and electronic storage of this data by the Service Provider. The Service Provider will not transfer the data to third parties unless the Xircuit User expressly agrees to this or the transfer is necessary to fulfill the services (for example, sharing of data for domain registration with the domain registrar). The Xircuit User undertakes to keep the personal data updated. In order to prevent abuse by unauthorized third parties, the Xircuit User is under an obligation to keep the login data confidential.
4. Contract Length & Termination, Service Termination, Refund of Subscription Fees
4.1 Free XircuitPages can be deleted by the User at any time, directly on that XircuitPage. To do so, the User only needs to log in on the XircuitPage and go to Settings to find the Delete Account option.
4.2 Unless otherwise stipulated in the subscription description, the duration of XircuitPro and XircuitBusiness contracts is 12 months, and renews for this same period of time unless the User terminates the subscription one month before the subscription ends. To cancel via email, the cancellation request must be sent from the contact email address on file for the XircuitPage. The cancellation request must also contain the registered user name and date of termination.
4.3. The Service Provider may terminate the contracts with the User unilaterally and without stating reasons by giving at least one month’s notice. In such a case the Service Provider will refund any fees paid by the User in advance on a pro rata basis. The Service Provider reserves the right to terminate the contract without notice in case the Xircuit User fails to fulfill his contractual obligations (see section 5). Further, a breach of contractual duties may lead to civil or criminal action. In such a case any fees paid in advance on a pro rata basis will not be refunded.
4.4. The Service Provider further reserves the right to remove the XircuitPage and block access to Xircuit by the User in case fees are not paid. In such a case the Service Provider will inform the Xircuit User accordingly. Furthermore, in such a case, the Service Provider is furthermore entitled to delete (“CLOSE”) the user’s domain(s). By accepting these Terms of Service, the user grants Xircuit the explicit right to this type of termination.
4.5. Termination of optional services in addition to XircuitPro or XircuitBusiness will not affect the overall contractual relationship.
4.6. Upon termination of the contractual relationship the Service Provider will have no obligation to perform contractually agreed services. Accordingly, the Provider may delete any of the Xircuit Users data on the server, including emails in the Users mailboxes. Transferring the data related to the Users XircuitPage to the server of a third-party provider will not be possible. It is therefore the Xircuit Users own responsibility to store and back up the data in due time. In addition, the Service Provider may, upon termination of the contract, have any of the Xircuit Users domains which have not been transferred to a new provider deleted by the relevant organization for allocation of domain names (CLOSE).
5. General obligations of the Xircuit User
5.1. The User is responsible for any contents provided or stored by him on his XircuitPage. The Service Provider is under no obligation to inspect the XircuitPages of the Xircuit Users with regard to violations of law.
5.2. The user is responsible for complying with all laws for their jurisdiction, as well as the regulations of the Federal Republic of Germany. This also applies explicitly to any additional legal regulations regarding operation of a store.
5.3. The User undertakes not to take any actions that may infringe or violate the rights of third parties (including their personality rights) when using the Xircuit services.
5.4. The User undertakes not to provide any contents which are legally prohibited or contra bonos mores (in particular pornographic, racist, xenophobic, extremist or any other reprehensible contents) or may infringe the rights of third parties (in particular trademarks, rights to bear a name and copyrights). Moreover, the Xircuit User undertakes not to use a XircuitPage for the purposes of spamming or XircuitFree sites for “linkbuilding” activities. In the event of claims due to illegal content which the User has placed on a Xircuit site, the User agrees to indemnify and hold Xircuit harmless from any claim or demand. The user also agrees to assist Xircuit in every manner in responding to and in defense of such claims.
5.5. The Xircuit User undertakes not to create direct links from other websites to downloads on his XircuitPage.
5.6. The Xircuit User undertakes to observe all legal requirements pertaining to the provision of contact details or any equivalent legislation in the country of use.
5.7. The Xircuit User is under an obligation to regularly back up all data files and software settings to which he has access. In all cases the Xircuit User is required to take appropriate data backup measures before making changes to his XircuitPage and, provided that the Service Provider has notified the User in due time, before maintenance work is carried out by the Service Provider. Under no circumstances may backup copies be saved on Xircuit’s servers.
5.8. The Xircuit User is prohibited from sending large numbers of emails with the same content without the consent of the recipients (spam) via systems or servers of the Service Provider.
5.9. The Xircuit User will use the designs provided by Xircuit exclusively for his XircuitPage. The Xircuit User is expressly prohibited from storing the XircuitPage and transferring it to and using it on an external server.
6. Domain Name Registration, Domain Name Cancellation, and Change of Registrar
6.2. The Xircuit User is in particular responsible for providing correct and complete data regarding the domain name holder (registrant) and the administrative contact (admin-C) when registering the domain name. The technical contact in all cases will be Xircuit GmbH & Co. KG. Irrespective of the relevant registration terms and conditions, such data must include the name of the domain name holder, an physical mailing address (PO boxes or anonymous addresses are not permissible), a valid email address and telephone number. If this information changes, the Xircuit User must immediately inform the Service Provider of this change by updating it online.
6.3. Upon formation of the contract, the Service Provider will make the option available to register the desired domain name with the responsible registrar. The Service Provider may defer activation of a domain name until payment of the agreed fees for the registration services has been received. The Service Provider is in no position to influence the allocation of the domain name by the relevant organization. The Service Provider can neither guarantee that the requested domain names will be allocated to the Xircuit User and/or that allocated domain names are free of third-party rights nor guarantee their continued existence. Any information given by the Service Provider regarding the availability of a domain name is based on the data provided by third parties and only refers to the time that information is requested. The domain will not be deemed as allocated before registration of the domain in the name of the Xircuit User and its entry in the database of the registrar.
6.4. Before applying for a domain name, the Xircuit User will check that the domain name does not violate the rights of any third party or contravene existing legislation. The Xircuit User affirms that he has fulfilled this obligation and that during this check there was no indication for such infringement or violation.
6.5. Any changes to the requested domain name after registration with the relevant registrar are precluded. In case that during the time needed for forwarding the domain name request to the registrar, the domain name has already been allocated otherwise, the Xircuit User will be entitled to choose a different domain name. This will not apply if, in case of a change of providers, the previous provider declines this change. In such a case the Xircuit User will make the required arrangements for the release of the domain name by the previous provider or apply for a further domain name through the Service Provider for an additional fee. Should certain domain names have been cancelled by the Xircuit User or due to binding decisions in domain name disputes, the Xircuit User will not be entitled to apply for a free substitute domain name.
6.6. Subject to these TOS and those of the relevant allocating organization, the Xircuit User may transfer all domain names registered through the Service Provider to another registrar, provided that the new registrar offers the corresponding top-level domain name (e.g. .COM, .DE) and, as circumstances require and based on technical requirements, supports the change in registrar. The service contract will remain unaffected by such a change in provider. However, the User is required to provide notice of cancellation. All declarations concerning the domain name, in particular any domain name cancellation, change of registrars, and deletion of a domain name must be made in writing. Should the Service Provider, due to failure on the part of the Xircuit User or the new registrar to make timely arrangements or because the conditions for the change have not been met, be unable to grant the change of registrars (domain transfer) to the Xircuit User’s new registrar, the Service Provider is expressly entitled to have the cancelled domain name deleted (CLOSE) by the relevant allocating organization after the cancellation date has lapsed. The Service Provider reserves the right to allow domain transfers only if the Xircuit User has settled all undisputed pending claims with the Provider.
6.7. The Xircuit User must notify the Service Provider immediately should he lose the rights to a domain name registered on his behalf.
7. Service Disruption
7.1. The Service Provider will endeavor to ensure that the services are available and function properly at all times. The User acknowledges, however, that for technical reasons as well as due to the Service Provider's dependence on external factors, e.g. telecommunications networks, the uninterrupted availability of individual XircuitPages cannot be guaranteed. The Xircuit User can therefore not assert a claim for continual access to the XircuitPages. Access restrictions of only a temporary nature shall not constitute grounds for warranty claims nor a right to extraordinary termination. In addition to the possible access restrictions due to circumstances beyond the Service Providers control, the Service Provider also reserves the right to impose temporal and/or complete access restrictions, particularly where the XircuitPage is temporarily disabled for the purpose of installing technical improvements or eliminating errors and defects, etc.
7.2. In order to ensure the proper operability of the XircuitPages editing function, a number of system requirements are required. A list of these requirements is available here. The Service Provider is not liable for disruptions caused by different system configurations.
8.1. The Service Provider is not liable for loss of data by the User or for unauthorized access to personal user data by third-parties (e.g. hackers).
8.2. The Service Provider also cannot be held liable for misuse by third parties of data and information made available to them by the Users themselves.
8.3. The Service Provider shall not be liable for any activities of or contents posted by the Users.
8.4. The Service Provider cannot be held liable for lost revenue or other damages arising from malfunction or unavailability of the Xircuit systems. Excepting injury to life, limb, or health, Xircuit GmbH & Co. KG is not liable for other damage claims. This exclusion does not apply to damages resulting from gross negligence on the part of Xircuit GmbH & Co. KG or deliberate or gross negligence of Xircuit GmbH & Co. KG’s legal representatives or agents.
8.5. Any liability on the part of the Service Provider or affiliated providers will be limited to the equivalent amount of a yearly user fee.
9. Data Protection
9.1. The Service Provider will collect, process and use personal data concerning the Xircuit Users. For further information regarding the Service Providers data processing and data protection policies, visit our privacy statement.
9.2. The Xircuit User is aware of the fact that from a technical point of view the Service Provider is able to view any of the data saved on the Xircuit server and that there is a theoretical possibility that the Xircuit Users data may be accessed by unauthorized third-parties when transmitting the data over the Internet.
10. Cancellation Policy
10.1 You have a right to cancellation. Please read more in our Cancellation Policy.
The European Union has a platform for online disputes. Please be aware that we are currently not participating in this alternative, online dispute resolution platform
11. Final Provisions
11.1. Should any individual provision of this contract be or become void, the validity of the remaining provisions shall remain unaffected. As required by 33, Para. 1 of the Federal Data Protection Act (BDSG) and 4 of the Teleservice Data Protection Ordinance (Teledienst Datenschutz-Verordung), notice is herewith given that data of users will be computer processed in machine-readable form.
11.2. These TOS and the contract shall be governed by the laws of the Federal Republic of Germany. This shall also apply in case the User registers from another country. The place of jurisdiction is the location of the Service Provider’s registered office.
(Last updated: September 1, 2017)