VPS2day.com is a project of servinga GmbH, Mainzer Landstr. 351-353, 60326 Frankfurt am Main (hereinafter called Provider). VPS2day provides hosting services virtual servers (hereinafter called VPS) and related services exclusively on the basis of these terms and conditions. Different conditions of the contractual partner (hereinafter called Customer) are not explicitly recognized.
§ 1 Provider’s services
(1) The scope of the individual VPS results from the current description of the VPS at the time of ordering.
(2) The servers in the provider’s data centre are connected via a complex network infrastructure on the Internet. The data traffic is routed through various active and passive network components (e.g. routers, switches) that only allow a certain maximum data throughput rate. Fr technical reasons this allows the data traffic capacities for individual servers at certain points to be limited and not in accordance with the theoretically maximum available bandwidth at the switch port. Unless otherwise agreed, the provider cannot guarantee the amount of the actual available bandwidth for each server take over, but prioritizes on the technical efficiency of the data centre, taking into account the obligation to offer services available to other customers.
(3) Customers can use VPS for an unbelievably large number of different applications and therefore at their discretion use a variety of software programs. Thus many millions of different configuration options of the VPS arise. The sheer diversity of these options makes it impossible for the provider to give guarantees for the usability and compatibility of the VPS for a particular application form.
Outside the commitments made in the specification, the provider cannot guarantee the amount of resources actually available for the taken VPS, but provides resources according to technical availability, taking into account the obligation to offer services available to other customers.
(4) The provider states that accessibility of the physical connection of its network is 99% on average. This does not include times when the servers are not available over the Internet, due to technical or other problems which are beyond the control of the Provider (force majeure, third party or the customer, etc.).
§ 2 The customer’s obligation to perform and payment of pre-service obligation to a credit account and discontinuation of services
(1) All services are prepaid by the customer; the customer is obliged to perform. They can therefore only use the VPS and any additional services, if a sufficient credit balance is available on their credit account (“VPS2day.com credit account”).
(2) The customer can increase the credit of each of their accounts in the form of “charging” by external payment gateways.
(3) The credit account will be deducted with fees to coincide with the ordering or requirement of performance in accordance with the desired running time and the respective price inclusive of the applicable legal VAT.
(4) At the end of the booked period, the VPS will turn off automatically. Provided the customer has sufficient credit in their credit account, they may renew the VPS.
(5) All VPS and additional services for which the contract has expired, and are inactive for more than 7 days, are permanently deleted by the provider on the 8th day of deactivation. The customer is obliged to protect its data before final deletion. Restoration of the deleted data is not possible. The provider is not liable for any data loss or damage in connection with the deletion of the VPS.
§ 3 Third party rights
(1) The customer expressly assures that the provision and publication of content does not infringe either German law nor against, if appropriate, a deviating national law, in particular copyright, data protection and competition law. The customer will be informed immediately of a cancellation made / switching offline.
(2) The provider is entitled to delete such VPS, whose content could infringe rights of third parties, or to exclude it from access by third parties in any other suitable manner. Customers will be notified immediately of such action by the provider. In the event that the customer can prove that a violation of third party rights is not to be feared, the provider will, if possible, make the affected VPS available to third parties again.
§ 4 Non permissible content and uses of the VPS
(1) The following contents are expressly forbidden:
– Spamming-mails or content associated with spamming.
– IRCd, the service for Internet Relay Chat.
– File sharing and P2P.
– TOR-Exit-nodes and Cryptocurrency Mining
– All other scripts that can affect and / or interfere with the functioning of other services on the Internet or the network of the provider (crawling, DDoS, hacking).
(2) If the customer violates these requirements, the provider is entitled to block the VPS immediately. This is also possible when other customers located on the server or on the network of the provider are being affected through the customer’s VPS. The customer will be informed of this suspension.
(3) In the event of such a suspension the provider accepts no responsibility for the breach of contractual obligations. but exclusively the customer. In any case, the claim of the provider shall prevail over payment of remuneration for the contractual period of validity.
(4) The customer becomes the provider in such cases for the payment of compensation claims made by third parties against the provider.
§ 5 Server Administration & Backup
(1) The provider grants the customer full and sole administration rights on the leased VPS. Only the customer possesses the individual administration password of the VPS, not the provider. It is therefore impossible for the provider to manage the VPS leased by customers. Therefore, the customer is solely responsible for the management and security of their VPS at their own risk and expense. It is their duty to install necessary security software to constantly inform about vulnerabilities that become known and to resolve these automatically.
The customer is also required to configure their programs so that they are automatically restarted when the hardware or the operating system is restarted.
(2) The provider reserves the right to change fixed and assigned IP addresses any time in technical or legal necessity and to allocate customers new IP addresses.
(3) The customer is obliged to perform independent backups from his VPS. The provider is not liable for any data loss.
§ 6 Data integrity
(1) The Customer warrants that the data provided by them to the provider is correct and complete. They are obliged to inform the provider immediately of any changes to the data provided and to reconfirm their accuracy and completeness on request from the provider within 7 days of the date of receipt.
This concerns in particular:
– Email address
– Postal address of the customer
– IP addresses
§ 7 Waiver
The customer agrees to indemnify the provider in the internal relationship of all possible claims of third parties based on unlawful acts by the customer or errors in the contents of the information made available by them. This is especially true for copyright, data protection and competition law violations. The provider is not obliged to check the Internet presences of customers for possible legal violations.
§ 8 license terms for Microsoft products
If the customer has selected to install a software product from Microsoft (Windows Server) on their VPS, they have to hold with the applicable licensing provisions of the so-called. “Volume Licensing for Microsoft Products and Online Services” (PUR, OLSUR, OST, PLS, SPUR, SLA, DTN, ISV EULA) or other applicable provisions. The provider provides only an installation version (.ISO) of the software product available, but no license or keys.
Therefore, the customer agrees to comply with the relevant provisions and is responsible for their correct application. These provisions can lead to licenses acquired for Microsoft products elsewhere by the customer being restricted in use or not being usable on the VPS .
These provisions are visible at all times at the following address: http://www.microsoft.com/licensing/products/products.aspx
§ 9 Money-Back-Guarantee
The customer observes the right to cancel his services within 48 hours after provisioning. VPS2day will refund the full amount. The cancellation has to be submitted via mail or our ticket system. Violation of this ToS will waive the the Money-Back-Guarantee policy. In addition to that, our Money-Back-Guarantee is only valid for the first payment. Excluded from this are payments via Bitcoin/ Litecoin/ DASH and Paysafecard. The providers prohibit repayment or payment through other providers due to strict money laundering laws.
Date: May 2018, version: 1.3