Terms and Conditions

1. Scope of Application and Contract Language

1. These Terms and Conditions (hereinafter "T&C") apply to all contracts between HOSTYON Micha Cassola, Am Kiesweg 26, 66955 Pirmasens (hereinafter "HOSTYON") and the customer. These T&C apply exclusively to entrepreneurs within the meaning of § 14 BGB (German Civil Code), legal entities under public law, or special funds under public law. HOSTYON does not conclude contracts with consumers.

2. Conflicting, deviating, or supplementary terms and conditions of the customer shall not become part of the contract unless HOSTYON expressly agrees to their validity in writing.

3. Subsidiary agreements, assurances, and other agreements, as well as amendments and supplements to the contract, require confirmation from HOSTYON in text form (e.g., via email) to be effective.

4. The contract language is German. Insofar as translations of these T&C into other languages (in particular into English) are provided, this serves exclusively as a guide to understanding. In the event of contradictions, deviations, or questions of interpretation between the German version and a translation, the German version shall be solely authoritative.


2. Conclusion of the Contract

1. By submitting an online order, submitting a digital order form, or signing a contract, the customer submits an offer to HOSTYON to conclude a contract. The customer is bound to their offer for a period of 1 week after receipt of the order by HOSTYON.

2. The contract is concluded when HOSTYON confirms acceptance of the application within this period (e.g., by an order confirmation via email), declares the provision of services or access to the customer dashboard, or begins the actual execution of the services.

3. Offers made by HOSTYON are always subject to change and non-binding. HOSTYON may make the conclusion of the contract dependent on the presentation of proof of identity or business registration, proof of power of attorney, an advance payment, or a guarantee declaration from a German bank.


3. Termination

1. Unless otherwise agreed in the contract between the parties, the contractual relationship can be ordinary terminated with a notice period of 1 month to the end of the contractual month after the expiry of any agreed minimum term. For special and promotional offers (in particular offers with annual payment terms), deviating notice periods and minimum terms may apply, provided this is indicated on the internet pages or in the offer. The right to extraordinary termination for good cause remains unaffected.

2. Terminations must be in text form (e.g., email) to be effective.


4. Obligations of HOSTYON / Scope of Services

1. HOSTYON offers the customer access to the existing communication infrastructure, the provision of storage space on a server, the use of value-added services, and the maintenance and administration of data processing systems and communication infrastructures. Details and the scope of services result conclusively from the main contract or the service description at the time of the order.

2. HOSTYON guarantees a server availability of 99.5% on an annual average. Excluded from this warranty are periods of unavailability due to necessary, planned maintenance work announced to the customer at least 24 hours in advance; periods of unavailability due to unforeseeable, critical security updates that must be installed immediately in the interest of the customer; as well as periods of unavailability based on circumstances beyond the control of HOSTYON (e.g., force majeure, fault of third parties, disruptions in the upstream backbone, or DDoS attacks).

3. Insofar as HOSTYON provides additional services and benefits free of charge outside the contractual agreement, these can be discontinued at any time. This does not give rise to a claim for reduction or damages by the customer, nor a right of termination.

4. HOSTYON is entitled to change, reduce, or supplement the range of services resulting from the contract (in particular to adapt or deactivate outdated, insecure software components or PHP versions), as well as to cancel access to individual services, if and to the extent that this does not significantly impair the fulfillment of the purpose of the contract concluded with the customer. Customers are to be informed about this in good time.


5. Duties and Obligations of the Customer

1. The customer is obliged to use the HOSTYON services properly. In particular, they are obliged to:

a) inform HOSTYON immediately about changes to the contractual basis;

b) take into account and comply with the applicable provisions of data protection and the recognized principles of data security. The customer remains responsible for backing up their data (backups); HOSTYON assumes no guarantee for permanent data backup. The customer is obliged to maintain their own, up-to-date backup of their data and applications, particularly before the execution of announced, deep maintenance work, updates, or migrations by HOSTYON;

c) not abuse the access options to the HOSTYON services and to refrain from illegal and/or statutory violations. In particular, the customer is prohibited from:

  • using the services of other participants of the HOSTYON services without authorization,
  • using services not agreed upon in the contract between HOSTYON and the customer without authorization,
  • decrypting, reading, or modifying passwords, emails, files, etc., of other participants of the HOSTYON services or of the system operator,
  • distributing licensed application software over the HOSTYON services without authorization,
  • interrupting or blocking communication services, for instance through overloads (e.g., due to improper scripts or overloading of system resources), provided the customer is responsible for this,
  • distributing or making accessible punishable, illegal contents or contents violating the rights of third parties of any kind via services of HOSTYON. This applies in particular to pornographic, violence-glorifying content, or content directed against the free democratic basic order or the concept of international understanding, as well as propaganda materials and symbols of unconstitutional parties and organizations or their substitute organizations,
  • procuring for themselves or third parties pornographic content that involves the sexual abuse of children.

In the event of a contractual violation (in particular the points mentioned above), the customer shall reimburse HOSTYON for any material and personnel expenses incurred as well as any disbursements.

d) HOSTYON provides web hosting services exclusively for technically and content-wise neutral projects. Contents that match the contents described below or serve comparable purposes, in whole or in part, are excluded from the use of the services. This includes in particular, but is not limited to, the following categories:

Prohibited Content

Religious and Spiritual Content

  • Religious or ideological content of organized faith communities, including representations, commentaries, or dissemination of religious teachings, writings, rituals, symbols, or beliefs of any kind.
  • Proselytizing, preaching, or converting content, including sermons, religious addresses, materials for faith instruction or recruitment, and other forms of active dissemination of faith.
  • Sacred scriptures, religious literature, or theological treatises, including excerpts, interpretations, commentaries, or multimedia representations.
  • Representations of religious rituals, practices, or ceremonies, regardless of their digital or media form.
  • Content of religious organizations or institutions, including websites, publications, or representations of churches, mosques, synagogues, temples, communities, orders, or other religious associations.
  • Theological, religious-philosophical, or religious-ethical content, insofar as it serves the mediation, interpretation, or discussion of religious teachings.
  • Spiritual, esoteric, or occult content, including astrology, fortune-telling, tarot, energy work, chakra teachings, channeling, New Age practices, magical rituals, and comparable concepts.
  • Mythological or nature-religious content, provided it possesses a spiritual or cultic character, including shamanic, neopagan, or ritual representations.
  • Faith-based counseling or healing offers, including spiritual life counseling, faith healing, religious meditation guides, or comparable services.
  • Religiously or spiritually motivated statements on political, social, or ethical issues.

The exclusion is based exclusively on the type of content and does not constitute discrimination against persons or organizations based on their religious affiliation or worldview.

Political Content

  • Party-political content, including representations, programs, positions, campaigns, or other publications of political parties, party-affiliated organizations, or candidates.
  • Political advertising and election campaign communication, including support or rejection of specific parties, candidates, referendums, or political votes.
  • Political expressions of opinion, commentaries, or statements aimed at influencing political decision-making processes, public opinion-making, or social debates.
  • Politico-ideological content, including publications of political movements, initiatives, activist groups, or comparable associations.
  • Political information, training, or educational materials, including analysis content, guides, or political education offers.
  • Content of political organizations or institutions, including websites, publications, or notices of parties, political clubs, citizens' initiatives, or politically active groupings.
  • Politically motivated activism, including calls for demonstrations, petitions, campaigns, or politically motivated actions.
  • Political propaganda or agitational content, regardless of orientation, origin, or objective.
  • Combinations of political content with religious, ideological, or worldview statements, provided they serve political influence.
  • Satirical, artistic, or journalistic content, provided it addresses political topics or actors, or aims at political opinion-making.

The exclusion is based exclusively on the type of content and does not constitute discrimination against persons or organizations based on political views or affiliations.

Unfair, Misleading, or Abusive Business Practices

  • Door-to-door sales, especially if based on pressure or deception.
  • Network-based sales models that rely on recruitment or commission structures without real added value.
  • Get-rich-quick schemes, e.g., alleged "top investments" with minimal capital investment.
  • Offers advertising with fake testimonials, manipulated reviews, or exaggerated claims.
  • Preparations or pseudo-medicines that are health-hazardous or make unproven efficacy promises.
  • Services without clear benefit, including the unauthorized resale of state services.
  • Misleading trial phases, subscriptions with hidden costs, or marketing with negative options.
  • Telemarketing using unfair methods.
  • The sale of artificially generated web traffic or fake interactions.
  • Exaggerated mortgages with usurious conditions.
  • Chain letters, pyramid schemes, or similar fraudulent structures.
  • Forgery of documents or services for creating forged documents.
  • Other activities that can be classified as fraudulent, exploitative, or unfair.

Weapons, Hazardous Substances, and Prohibited Materials

  • Ammunition, fireworks, gunpowder, or other explosive substances.
  • Knives with concealment mechanisms, quick-opening blades, or machetes.
  • Swords or katanas, unless they are clearly recognizable as replicas or sports equipment.
  • Irritants such as pepper spray or stun guns.
  • Components for firearms, including magazines, firing pins, conversion kits, and 3D-printed weapons.
  • Tears-resembling weapon imitations or falsely labeled replicas.
  • Research chemicals, radioactive, flammable, or otherwise hazardous substances.
  • Pesticides whose application is permitted only to certified professionals.

Gambling and Lotteries

  • Lotteries, casino offers, or internet-based gambling platforms.
  • Sports betting or prediction services involving material or financial winnings.
  • Fee-based competitions or tournaments where prizes are awarded.
  • Skill-based gaming for material or cash prizes, such as gaming tournaments, darts, or card games.
  • Auction models where bids must be submitted for a fee.
  • Fantasy sports leagues with payout of winnings.

Content and Services of a Sexual Nature

  • Sexual services such as escort, prostitution, erotic massages, or fetish offers.
  • Erotic chats or "live cam" services with adult content.
  • Establishments such as strip clubs, nude bars, or similar venues.
  • Pornographic media of all kinds, including texts, photos, or films.
  • AI-generated representations that fall into any of the aforementioned categories.

Products and Services Violating Intellectual Property Rights

  • The sale or distribution of music, films, software, or other licensed works without authorization.
  • Trading in plagiarized or counterfeit branded goods.
  • Import or export of prohibited or improperly declared goods.
  • Distribution of branded products without the required authorization.
  • Any offers that infringe or facilitate the infringement of rights such as patents, copyrights, trademarks, or trade secrets.

Government Services

  • Offers that imitate government services or falsely pretend to act on behalf of an authority.
  • The sale or brokerage of government services without official authorization or without real added value.
  • Provision of government-looking offers under misleading representations.
  • Processing or payout of government support programs such as grants.

Prohibited Goods and Illegal Activities

  • Illegal drugs or substances intended to mimic a comparable effect, including kava.
  • Equipment or accessories for the production or use of drugs.
  • Forged identification documents or certificates.
  • Devices for manipulating or disrupting telecommunications systems (e.g., jammers).
  • Entities that promote, justify, or actively engage in unlawful violence.
  • Offers that incite or support hatred or violence against protected groups.
  • All products or services that violate the legal requirements of the relevant destination or origin country.

Sanctions Provisions and High-Risk Activities

  • Activities that violate applicable national or international economic, trade, or financial sanctions as well as export controls (in particular of the European Union or the USA). It is prohibited to grant access to the services to persons or organizations listed on official sanctions lists.
  • Uses or applications within the framework of high-risk activities, where a failure of HOSTYON's services could lead directly to massive damage to life, limb, health, or critical infrastructures.

2. The customer is further obliged to:

a) ensure compliance with legal regulations and official requirements, insofar as these should be applicable currently or in the future for the use of the HOSTYON services;

b) immediately notify HOSTYON of recognizable defects or damages (fault reports) and take all measures that enable the determination of the defects or damages and their causes, or facilitate and accelerate the elimination of the disruption;

c) after submitting a fault report, reimburse HOSTYON for the expenses incurred by checking its facilities, if and to the extent that the check reveals that a disruption was within the scope of responsibility of the customer (outside the defined contract and service scope).

3. If the customer violates the obligations specified in paragraph 1 lit. c) ("Prohibited Content") or paragraph 2 lit. a), HOSTYON is entitled immediately, and in other cases after an unsuccessful warning, to terminate the contractual relationship extraordinarily without notice.

4. Details of the interaction of the users among each other can be agreed upon by way of a user policy.

5. In the cases of paragraph 1 lit. c) ("Prohibited Content") and paragraph 2 lit. a), HOSTYON is authorized, in addition to the entitlement to terminate without notice, to block access to the services resulting from the scope of services with immediate effect upon becoming aware of a violation by the customer.

6. HOSTYON is entitled to reject, block, or immediately terminate the provision of content that, in its dutiful discretion, falls under the above-mentioned categories ("Prohibited Content") or functionally corresponds to them.


6. Use by Third Parties

1. Direct or immediate use of the HOSTYON services by third parties is permitted. The customer may use, resell, and sublease the services for their purposes (whitelabel or reseller hosting). The customer must instruct third parties properly in the use of the services. The customer stands in for the compliance with the contractual provisions by the third party towards HOSTYON in the same way as they themselves would have to stand in for compliance.

2. The customer must also pay the fees incurred within the framework of the access and use options made available to third parties. The same applies in the case of unauthorized use of the services by third parties, unless the customer proves that the unauthorized use occurred by bypassing or removing the security devices of HOSTYON without them being responsible for it.


7. Terms of Payment

1. Unless contractually agreed otherwise, HOSTYON bills the customer for the agreed services at the applicable rates or fees and conditions plus the applicable statutory value-added tax. Invoicing for fixed fees takes place monthly in advance, and for consumption-dependent fees at the beginning of the following month. The respective fees incurred become due for immediate payment upon invoicing without deduction.

2. If the fee is to be paid independent of consumption for parts of a calendar month, these will be calculated for each day at 1/30 of the monthly fee.

3. The customer agrees to purely electronic invoicing (transmission via email in PDF format or provision in the customer portal). A claim to the dispatch of a paper invoice does not exist.


8. Right of Retention, Performance Disruption

1. The customer is entitled to assert a right of retention only because of such counterclaims that result from the same contractual relationship as those claims against which the right of retention is held.

2. Claims for damages due to delivery and performance disruptions are excluded, unless HOSTYON is responsible for them due to intent or gross negligence.

3. If HOSTYON does not achieve the contractually guaranteed minimum availability of the servers (according to § 4 paragraph 2) on an annual average, the customer is entitled to a pro-rata reduction of the monthly basic fee for the affected period. A reduction is excluded if the disruption is based on circumstances that are not within the scope of responsibility of HOSTYON (in particular the exclusions according to § 4 paragraph 2).


9. Default of Payment

1. In the event of default of payment by the customer (entrepreneur within the meaning of § 14 BGB), HOSTYON is entitled to demand default interest in the amount of 9 percentage points above the respective statutory base interest rate p.a., as well as the statutory lump sum for default damages in the amount of 40 euros. If HOSTYON is able to prove a higher damage caused by delay, HOSTYON is entitled to assert it.

2. HOSTYON can terminate the contractual relationship extraordinarily without notice or assert a right of retention on the services incumbent upon it, in particular block the retrieval or forwarding of domains, interrupt access to the server in the network, or disconnect the customer's line connection, if the customer is in default with the payment of the owed amounts in whole or in part for more than one month, HOSTYON has warned the customer setting a deadline and pointed out the possible consequences of termination and the right of retention.

3. The assertion of further claims remains reserved to HOSTYON.


10. Confidentiality/Data Protection

1. Insofar as HOSTYON uses third parties to provide the offered services, HOSTYON is entitled to disclose the participant data in compliance with the regulations of the GDPR, in particular Articles 28 and 32. The parties will, if legally required, conclude a separate Data Processing Agreement (DPA) pursuant to Art. 28 GDPR.

2. HOSTYON declares that its employees who become active within the framework of this contract have been obligated to confidentiality and that HOSTYON has taken the necessary technical and organizational measures pursuant to Art. 32 GDPR to guarantee a level of protection appropriate to the risk.

3. Otherwise, HOSTYON processes personal data in accordance with its Privacy Policy.


11. Liability and Limitations of Liability

1. HOSTYON is liable for material and legal defects according to the statutory provisions.

2. Outside the liability for material and legal defects, HOSTYON is liable without limitation insofar as the cause of damage is based on intent or gross negligence. HOSTYON is also liable for the slightly negligent violation of essential obligations (obligations whose violation endangers the achievement of the contract purpose) and for the violation of cardinal obligations (obligations whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies), but in each case only for the foreseeable, contract-typical damage. HOSTYON is not liable for the slightly negligent violation of other obligations.

3. In the event of a slightly negligent violation of cardinal obligations, the liability for data loss or data damage is furthermore limited to the damage that would have occurred even with a proper and regular data backup by the customer (according to § 5 paragraph 1 lit. b) (namely the effort of reconstructing the data using the backups).

4. The limitations of liability of paragraphs 2 and 3 do not apply in the event of injury to life, body, and health, for a defect after accepting a guarantee for the quality of the product, and in the case of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

5. If the liability of HOSTYON is excluded or limited, this applies likewise to the personal liability of its employees, representatives, and vicarious agents.

6. The customer is liable for all consequences and disadvantages incurred by HOSTYON or third parties through the abusive or illegal use of the HOSTYON services or because the customer does not comply with their other obligations.


12. Final Provisions

1. The place of performance for all contractual services is the registered office of HOSTYON in Pirmasens, Federal Republic of Germany.

2. Contracts concluded on the basis of these General Terms and Conditions are subject to German law. The provisions of the international uniform United Nations Convention on Contracts for the International Sale of Goods (CISG) are, as far as permissible, excluded.

3. Towards customers who are merchants within the meaning of the HGB (German Commercial Code), the registered office of HOSTYON applies as the place of jurisdiction for all disputes arising from this contractual relationship. Likewise, this applies towards legal entities under public law or special funds under public law. HOSTYON is, however, also entitled to sue at the registered office of the customer.

4. Should any provision of this agreement be or become void or ineffective in whole or in part, this shall not affect the validity of the remaining provisions. Rather, instead of the ineffective provision, a replacement provision corresponding or at least coming close to the purpose of the agreement applies, which the parties would have agreed upon to achieve the same economic result if they had known of the ineffectiveness of the provisions. The same applies to the incompleteness of the provisions accordingly.