0. INTRODUCTION
Welcome to ServiceHost Terms & Conditions! The first portion of our Terms & Conditions is an introduction, which is structured like an FAQ and lays out some high-level concepts before diving into other terms.
1. PARTIES
1.1. When we refer to "ServiceHost" or we use pronouns like "we", "us" or "our", then we are referring to ServiceHost Ltd as well as its parents like Hetzner, Amazon, Google and Microsoft, affiliates and third/party developers.
1.2. When we refer to the "User", we are talking about you as a sole person or your organisation if you have signed up as a company or any other type of organisation. We will also use words like "you" and "your" to refer you. If you are a part of any type of organisation then you agree to be legally bound by this TOC on behalf of such entity (and "Customer", "User", "you", and "your" then refer to such entity). If you aren't sure what this means or whether you are authorized to bind your company, organization, or entity to this contract, you should ask others in your organization to get clarification about authority.
2. CONCLUSION, DURATION AND TERMINATION OF THE CONTRACT
2.1. The contract is concluded when the Customer clicks signup, enters his email, password, and checkes the "Agree the Terms & Conditions" checkbox.
2.2. Our offers are subject to change and are non-binding. We reserve the right to make technical and other changes within the scope of what is reasonable.
2.3. The Customer declares that the data they provided on their customer account are correct and complete and shall notify us of any changes in this regard in writing within no more than 14 days. The Customer is required to provide evidence of the correctness of the data upon request.
2.4. The Customer enters into a binding contract by placing the order and by accepting these Terms and Conditions. We are entitled to accept or reject the contract in the Customer’s order within a period of 5 work days after we receive the order. By merely confirming that we have received the Customer’s order, we are not bound to accept their order and the contract it contains.
2.5. Contracts are concluded for an unlimited time period unless otherwise agreed. The user can cancel the services at any point and then there will be no charge once the new billing period starts.
2.6. Furthermore, we reserve the right to terminate the contractual relationship without notice for good cause. Such good cause is deemed to exist, among other reasons, if the Customer fails to meet its payment obligations or violates other important customer obligations. A further important reason which may result in us locking or terminating the Customer’s services or account without notice is if the Customer uses content that impairs the regular operating behavior or the security of our infrastructure or our product, or violates any paragraphs of these Terms and Conditions.
3. ELIGIBILITY & REGISTRATION
3.1. Before you use our Websites and Services, you must ensure that such use is in compliance with all laws, rules and regulations applicable to you. Your right to access the Websites and Services is revoked to the extent your use thereof is prohibited or to the extent our provision thereof conflicts with any applicable law, rule or regulation. You are responsible for making these determinations before using the Websites and Services.
3.2. The Websites and Services are not targeted towards, nor intended for use by, anyone under the age of 18. By using the Websites and Services, you represent and warrant to us that: (a) you are 18 years of age or older; or (b) you otherwise have sufficient legal consent, permission and capacity to use the Websites and Services in applicable jurisdiction(s) as determined by you.
3.3. To access the Services and some features of the Websites, you must register for an account (“Account”). When you register for your Account, you may be required to provide us with some information about yourself, such as your name, email address, and a valid form of payment, and you may also provide optional information about yourself on a voluntary basis.
3.4. We may, in our sole discretion, refuse to provide or continue providing the Websites and Services to any person or entity and change eligibility criteria at any time, including if you fail to comply with the T&C. We reserve the right to deactivate, terminate, prevent access to, disable services for, and/or delete any Accounts or access to the Websites and Services at any time at our sole discretion.
4. PAYMENT CONDITIONS AND LATE PAYMENTS
4.1. Subject to this T&C, by providing your Services Content to or via the Services, you grant ServiceHost a license to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your Services Content solely for the purpose of providing the Services to you.
4.2. As between you and ServiceHost, you retain any copyright and other ownership rights that you may hold in your Services Content.
4.3. Some of our Services allow third parties to access, use, or contribute to your Services Content, including via resale, your own products and services, or public-facing websites, applications, interfaces, and other manifestations of your Services Content.
4.4. You are solely responsible for your Services Content, End Users and any activity by your End Users, and you agree ServiceHost is not and will not be in any way liable for your Services Content, End Users and/or activity by your End Users.
5. PAYMENT CONDITIONS AND LATE PAYMENTS
4.1. We will invoice the Customer for any contractually binding services using the updated prices visible on servicehost.io, plus the statutory value added tax. If the service is for shipped goods, the price includes postage and packaging from the specified storage location.
4.2. Depending on the contractual agreement, we process monthly, quarterly or annual invoices using the agreed means of payment. The Customer is obligated to comply with the terms and conditions of the payment service they use to pay their invoice.
4.3. If we permit the Customer to make a late payment, we maintain the right, even without a reminder, to charge interest for the late payment beginning on the due date according to the laws of United Kingdom and EU.
4.4. The Customer is obligated to pay all fees and taxes incurred by using the service or by the third parties designated by the Customer. Billing is free of charge exclusively in electronic form. There are corresponding fees for postal delivery.
4.5. The Customer is obligated to comply with any applicable export and import control regulation, in particular the US regulations as well as all other relevant regulations.
5. ADMINISTRATOR RIGHTS AND DUTIES / DATA SECURITY
5.1. The Customer has full and sole administrator rights for all root and cloud server service products. The Customer is responsible for managing and securing these products at their own expense and risk.
5.2. The Customer, by using our services, is obligated to set up and manage their servers in such a way that does not compromise the integrity and availability of the networks, servers and data of third parties. In particular, it is strictly forbidden to use the servers for (d)DOS attacks or to run open mail relays or other systems that are capable of performing these actions. If the Customer violates this agreement, we reserve the right - without prior notice - to lock the server and terminate the contract without notice.
5.3. For the managed server products and services, we grant the Customer only basic usage rights. We monitor these servers 24 hours a day for service disruptions and provide customer support free of charge for simple services. For more extensive services lasting 15 minutes or more, we charge a flat service fee that is subject to prior agreement with the Customer.
5.4. The Customer is obligated to use the services provided appropriately and to refrain from abusive and illegal actions.
5.5. The Customer is responsible for making regular backups (backup copies) of their data; the backups should be stored outside the server provided by us. If data is transmitted to us on the Customer’s servers, the Customer is obligated to make regular backup copies of the data. The customer is obligated to perform a complete data backup prior to any change they make on their own behalf or on the behalf of a third party. If there is nonetheless a loss of data, the Customer is obligated to transfer the relevant data files to us again free of charge or to restore the data themselves.
6. DATA PROTECTION
6.1. Data processing is performed in accordance with GDPR.
6.2. If the Customer also wishes to process personal data of third parties with our services, the Customer alone remains the responsible party in the sense of data protection law. We only process personal data as a processor of orders pursuant to Art. 28 GDPR if the Customer concludes a contract for processing orders with us. This contract for processing orders is not concluded automatically. We can offer the Customer the opportunity to conclude a contract for processing orders via the Customer’s account, if necessary, which is supplemented by EU standard contractual clauses, if the Customer orders products that are located in a third country.
6.3. We hereby warn the Customer that we are generally unable to determine whether the Customer is processing personal data. The Customer is therefore obligated to provide us with the necessary information, in particular whether personal data of third parties are processed, for what purpose these data are processed and which categories the personal data and the data subjects are to be assigned. In the absence of a contract for order processing with the necessary information from the Customer, we assume that the Customer is not processing third party personal data using our services, so we will not take any measures in accordance with data protection law.
6.4. We hereby warn the Customer that, given the current state of technology, there is still no all-embracing form of protection for data transmission on the internet. The Customer is responsible for the safety and security of all data they store on any of their products.
7. USE BY THIRD PARTIES
7.1. The Customer is entitled to grant third parties a contractual term of use to any services the Customer orders from ServiceHost. In this case, the Customer nevertheless remains the sole contractual partner. The Customer continues to be solely and fully liable for compliance with the contractual agreements between us and the Customer.
7.2. If the Customer transfers user rights to their ServiceHost services to a third party, the Customer is obligated at the time of transfer to ensure that all legal and contractual provisions are followed. This is true for any changes that require the cooperation of the third party.
7.3. If the third party violates the contractual obligations or does not comply with the obligation to cooperate, if the data provided by the third party is incorrect or incomplete, or if other problems arise with the granting of user rights to third parties, the Customer assumes full liability for all resulting damages and, in addition, indemnifies us from all claims made against us by the third party or others.
8. USE OF THE SERVICES / CONTENT
8.1. The Customer is obligated to check and comply with the legal provisions arising from the use of the contractually agreed services, in particular the Telecommunications Act, the Telemedia Act, as well as national and international industrial and intellectual property rights, personal rights, and the requirements of competition and data protection laws on their own. The Customer indemnifies us against all claims of third parties arising from infringements of these obligations.
8.2. The Customer is obligated not to publish any content that infringes on the rights of third parties or otherwise violates applicable law. This includes in particular, but is not limited to, pornographic or obscene material, extremist content or content that offends common decency, gambling, material that could seriously endanger the morals of children or young people or violate the rights of third parties (copyrights, name rights, trademark rights and data protection rights). This also includes the publication of defamatory content, insults or disparagement of persons or groups of persons.
8.3. The transmission of spam mail is prohibited. This includes in particular the sending of unauthorized, unsolicited advertising to third parties. When sending emails, it is also prohibited to provide false sender data or to disguise the identity of the sender in any other way. The operation of applications for mining cryptocurrencies remains prohibited. These include, but are not limited to, mining, farming and plotting of cryptocurrencies. We are entitled to lock the Customer’s access to their ServiceHost services or account in the event of non-compliance.
8.4. If we become aware of illegal activities, we are obligated under § 10 Telemedia Act (TMG) to request that the Customer immediately removes the offending content and we are entitled to lock the Customer’s access to their ServiceHost services or account.
9. LIABILITY
9.1. The Customer uses ServiceHost services at their own risk. We are liable for indirect damages in the case of intent or gross negligence, but not for loss of profit. We are liable for culpable infringements that are not due to gross negligence or intent for the foreseeable damage typical for this type of contract, up to a maximum of 100 % of the price for the Customer's monthly product rental.
9.2. If the Customer violates the content obligations mentioned in Section 8 of these Terms and Conditions, in particular regarding legal prohibitions and decency violations, the Customer is liable to us for compensation for all direct or indirect damages arising from this, including financial losses. Furthermore, the Customer is obligated to indemnify us against claims by third parties - irrespective of the legal basis - resulting from the Customer or their designated third parties. The indemnification obligation also includes all incurred legal defense costs.
10. WARRANTY
If the service consists of goods delivered via post, a limitation period of 12 months after delivery applies to claims for defects. If the service consists of the delivery of used goods, we are not liable for any defects. The statutory limitation period also applies to claims for damages in the event of willful and gross negligence as well as in the event of injury to life, limb and health that are the result of an intentional or negligent breach of obligation by the user.
11. RIGHT OF LIEN
The Customer grants us a lien on equipment installed by the Customer or by third parties in the data center to protect any outstanding debts arising from the contractual relationship. We are entitled to enforce the lien after informing the customer of their outstanding debts if the Customer does not settle all outstanding debts within 10 work days after receiving the notification of sale. Any surpluses generated by the sale are paid out to the Customer.
12. FINAL PROVISIONS AND SEVERABILITY CLAUSE
12.1. These Terms and Conditions and the contractual relationship between us and the Customer are governed by the laws of the United Kingdom and EU, excluding the UN Convention on Contracts for the International Sale of Goods and international private law.
12.2. The international and exclusive place of jurisdiction for all disputes arising from this contractual relationship is our registered office in Gunzenhausen. We are, however, entitled in all cases to initiate legal proceedings at the Customer's place of business. Superordinate statutory provisions, in particular, on exclusive jurisdiction, remain unaffected.
12.3. If any provision is or becomes invalid or unenforceable in whole or in part, this has no effect on the validity of the remaining provisions. The same applies if and to the extent that an omission be revealed in this contract. In place of the invalid or unenforceable provision, an appropriate provision will apply which, as far as legally possible, corresponds to the sense and purpose of the invalid or unenforceable provision or to the presumed intention of the parties, just as if they had considered this point.