Allgemeine Geschäftsbedingungen

Die englische Version der gesetzlichen Vereinbarungen und Richtlinien gilt als die einzige aktuelle und gültige Version dieses Dokuments. Jede übersetzte Version wird nur als Service bereitgestellt, um das Lesen und Verstehen der englischen Version zu erleichtern. Übersetzte Versionen sind nicht rechtsverbindlich und können die englischen Versionen nicht ersetzen. Im Falle von Meinungsverschiedenheiten oder Konflikten haben die englischsprachigen rechtlichen Vereinbarungen und Richtlinien Vorrang.

Epsilon PS e.K. agrees to provide services to subscribers (you) subject to the following terms of service. Use of the Epsilon PS e.K. service constitutes acceptance of our Terms and Conditions.

Epsilon PS e.K. reserves the right to modify these Terms and Conditions at any time.

No bullshit guarantees

Where other hosting providers “guarantee” 99.9% uptime and the like, we here at Epsilon PS e.K. would like to cut the bullshit. 0.1% downtime equals about 525 minutes per annum. That’s almost 9 hours of downtime.

We here at Epsilon PS e.K. believe that no downtime is acceptable. Downtime is however a part of life, and can be due to a variety of reasons. Namely hardware failure, network congestion or simply somebody messed up somewhere.

That is why we would like to provide a slightly different take on the classic “no downtime” guarantee:

We will do our best to provide 0% downtime within our sphere of control, i.e. our hardware and network infrastructure.
We will do our best to inform you as soon as we are made aware of a problem.
We will inform you in a timely manner if we encounter any planned downtime scenarios.
If you have any unplanned downtime for a server in a given month, you can ask for a free month for that server.

You can pro-actively design your infrastructure such that you have fallback servers if downtime is critical to your business.

Prohibited usage

Epsilon PS e.K.’s hosting services are designed for hosting websites, legitimate applications and data. Any of the following activity can result in the immediate termination of your account, without a refund and the possibility that we will impose fees and/or pursue civil remedies without advance notice.

We may let you retrieve your data from our platform once you’ve been banned, if you ask for it, but depending on the offense you may be denied, especially if law enforcement is involved and said data is considered evidence.

Misuse of resources. Intentional misuse of resources including CPU cycles, memory, network bandwidth and disk I/O. Misuse of resources includes: Cryptocurrency mining; Crypto, blockchain and testnet workloads; Running Neural Nets or Neural Net training; Running stress-test tools; Network scanning of any kind; Tor relay nodes; Torrent seeding/downloading; Media Streaming in certain configurations, especially streaming of copyrighted material; Scrapers which continuously scrape 3rd party websites; Disseminating copyrighted material; Traffic Exchanges; Other activities which put the server under sustained heavy load for long periods of time.

This obviously excludes activities which Epsilon PS e.K.’s hosting services are designed for, such as serving websites and other above-board activities.

If we detect high use of resources, we will first inquire as to what is going on and will probably recommend that you upgrade your server to a more beefy instance, if what you are doing is in fact legitimate.

SPAM sucks. We have zero tolerance towards SPAM and Unsolicited Bulk Email (UBE).

Hacking. Attempting unauthorized and/or illegal access of computers, networks and/or accounts. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures.

Lawful purposes only please. Epsilon PS e.K. hosting services we provide may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of EU regulation or law, or by common law, is prohibited.

Harmful content or content portraying illegal acts. Any site hosting and spreading such content will be banned from our datacenters.

Please don’t mess with us or our users. Do not engage in illegal activities or engage in activities harmful to the operations of Epsilon PS e.K. or our customers.

Providing False Data on any Contract or Application: including fraudulent use of credit card numbers.

We are not Big Brother. We do not routinely monitor or “spy” on our customers. However, in the period immediately following your signup we will keep a close eye on your activity. Once we have a level of trust in you, we will stop our monitoring and will only react if your server starts exhibiting unusual behavior.

Support Boundaries

Epsilon PS e.K. provides technical support via our Support Ticket system as well as limited phone support during designated times. Epsilon PS e.K. provides support related to your virtual server physically functioning. Epsilon PS e.K. does by default not offer technical support for application specific issues such as application configuration, cgi programming, web or mail server configuration (other than our base LAMP and LEMP stacks), or any other such issue. Epsilon PS e.K. does not provide technical support to your customers.

KVM Instances and qemu-guest-agent

In order to use our services you are required to keep the qemu-guest-agent software running in any KVM VPS instance you have with us. Failure to reactivate the qemu-guest-agent may lead to server deletion or account suspension.

Invoicing and Payment

You agree that Epsilon PS e.K. shall be permitted to charge your credit card on a monthly, annual, or other agreed upon basis in advance of providing services. Payment is due upon invoicing. Service may be interrupted on accounts that reach 10 days past due.

Epsilon PS e.K. is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by Epsilon PS e.K. Refunds are issued if customer does not retain any active service and they are specifically requested via our contact form.

Use of Services

You may use our services, provided that you are of legal age to form a binding contract and are not barred from receiving such services under the laws of the EU or other jurisdictions. You are responsible for the confidentiality of your account information and for all activities that occur under your account.

Account Cancellation or Suspension

Epsilon PS e.K. reserves the right to suspend network access to any customer if the customer’s server is the source or target of a violation of any of the terms of service. You may cancel the service at any time by writing to us via the Epsilon PS e.K. support systems.

Missed payments

If payment is severely past our due payment date your server(s) will be flagged for deletion. Accounts are always reviewed by a human. We will make best effort to reach out to you directly.

Limitation of Liability

Subscriber agrees that Epsilon PS e.K. shall not be liable for any damages arising from causes beyond the direct and exclusive control of Epsilon PS e.K. In no event shall Epsilon PS e.K. be liable for any special or consequential damages, loss or injury.

Disclosure to Law Enforcement

Subscriber agrees that Epsilon PS e.K. may disclose subscriber information to any court who sends us a valid Court Order. If we at any time disclose information to law enforcement, such events will be listed on our Transparenzbericht.

Warranty Disclaimer

You agree that your use of Epsilon PS e.K.’s hosting services shall be at your sole risk. All services provided by Epsilon PS e.K. are available as is, without warranty.

Indemnity

Customer indemnifies Epsilon PS e.K. for any violation of the Terms and Conditions that results in loss to Epsilon PS e.K. or the bringing of any claim against Epsilon PS e.K. by any third-party.

Choice of Law and Forum

The Terms and Conditions and the relationship between you and Epsilon PS e.K. shall be governed by the laws of the European Union. You and Epsilon PS e.K. agree to submit to the personal and exclusive jurisdiction of the courts located within Germany and the European Union.

Statute of Limitations

Any claim or cause of action arising out of or related to use of Epsilon PS e.K.’s services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

For information on how we collect and use customer information, please refer to our Privacy Policy.