Terms of Service

This is a machine translated version. The legally binding version is the German one found here: https://hostyon.com/de/agb/

1. Validity of the Terms and Conditions

1. These Terms and Conditions apply to all legal relationships between HOSTYON Micha Cassola, Am Kiesweg 26, 66955 Pirmasens, hereinafter referred to as "HOSTYON," and its customers.

2. HOSTYON provides its services exclusively on the basis of these terms and conditions, exclusively to commercial customers. Any deviating purchasing or other terms and conditions of the contractual partner are hereby expressly rejected.

3. Ancillary agreements, representations and other agreements, as well as amendments and additions to the contract, require the written confirmation of HOSTYON to be effective.


2. Formation of the contract

1. By signing the contract, the customer submits an offer to HOSTYON to conclude a contract. The customer is bound by this offer for a period of one week after HOSTYON receives the contract.

2. The contract is concluded when HOSTYON has confirmed acceptance of the application within this period or begins with the actual performance of the services.

3. Offers from HOSTYON are always subject to change and non-binding. HOSTYON may make the conclusion of a contract dependent on the submission of proof of authorization, an advance payment, or a guarantee declaration from a German bank.

3. Termination

1. Unless otherwise stipulated in the contract between the parties, the contractual relationship may be terminated with one month's notice to the end of the contract month after the expiry of any agreed minimum term. Different notice periods may apply to special offers and promotional deals (in particular, offers with annual payment), provided this is indicated on the website or in the offer itself. The right to extraordinary termination for good cause remains unaffected.

2. Notices of termination must be in written form (e.g., email) to be effective.

4. HOSTYON's Obligations/ Scope of Services

1. HOSTYON offers the customer access to the existing communications 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 communications infrastructures. Details and the scope of services are definitively set out in the main contract.

2. To the extent that HOSTYON provides additional services and benefits free of charge outside the scope of the contractual agreement, these may be discontinued at any time. This does not give rise to any claim for a reduction in price or damages by the customer, nor does it give rise to a right of termination.

3. HOSTYON is entitled to modify, reduce, or supplement the services offered under the contract, as well as to suspend access to individual services, if and to the extent that this does not, or does not significantly, impair the fulfillment of the purpose of the contract concluded with the customer. Customers will be informed of this in a timely manner.


5. Customer's duties and obligations

1. The customer is obligated to use HOSTYON services properly. In particular, he is obligated to

a) To inform HOSTYON immediately of any changes to the contractual basis;

b) Not to misuse access to HOSTYON services and to refrain from illegal and/or unlawful activities. In particular, the customer is prohibited from

  • to use the services of other participants in HOSTYON services without authorization ,
  • to use services not agreed upon in the contract between HOSTYON and the customer without authorization,
  • to decrypt, read, or change passwords, emails, files, or similar items belonging to other participants of HOSTYON services or the system operator without authorization,
  • distributing individual applications of licensed application software via HOSTYON services without authorization,
  • interrupt or block communication services, for example through overloading, insofar as this is attributable to the customer,
  • distribute or make accessible any kind of criminal content via HOSTYON services or making it accessible,
  • distributing or making accessible any kind of criminal content via HOSTYON services,
  • distributing or making accessible any kind of criminal content via HOSTYON services, This applies in particular to pornographic, violent content or content that is directed against the free democratic basic order or the idea of international understanding as well as to propaganda and symbols of unconstitutional parties and associations or their substitute organizations,
  • obtaining pornographic content for oneself or third parties that depicts the sexual abuse of children.

In the event of a breach of contract (especially the above points), the customer shall reimburse HOSTYON for any material and personnel expenses incurred, as well as any outlays.

c) HOSTYON provides web hosting services exclusively for technically and content-wise neutral projects. Content that wholly or partially corresponds to the content described below or serves comparable purposes is excluded from the use of these services. This includes, but is not limited to, the following categories:

Prohibited content

Religious and spiritual offerings

  • Religious or ideological content of organized religious communities, including representations, comments, or dissemination of religious teachings, writings, rituals, symbols, or beliefs of any kind.
  • Missionary, evangelical, or proselytizing content, including sermons, religious addresses, materials for religious instruction or recruitment, and other forms of active spreading of faith.
  • Holy scriptures, religious literature, or theological works, including excerpts, interpretations, commentaries, or multimedia representations.
  • Depictions of religious rituals, practices, or ceremonies, regardless of their digital or media form.
  • Content from religious organizations or institutions, including websites, publications, or representations of churches, mosques, synagogues, temples, congregations, orders, or other religious associations.
  • Theological, religious-philosophical, or religious-ethical content, insofar as it serves to convey, interpret, or discuss religious teachings.
  • Spiritual, esoteric, or occult content, including astrology, fortune telling, tarot, energy work, chakra teachings, channeling, New Age practices, magical rituals, and similar concepts.
  • Mythological or nature-based religious content, insofar as it is spiritual or cultic in nature, including shamanistic, neo-pagan, or ritualistic representations.
  • Faith-based counseling or healing services, including spiritual life coaching, faith healing, religious meditation guidance, or similar services.
  • Religiously or spiritually motivated statements on political, social, or ethical issues.

Exclusion is based solely on the nature of the content and does not constitute discrimination against individuals or organizations on the basis of 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 for or opposition to specific parties, candidates, referendums, or political votes.
  • Political expressions of opinion, comments, or statements that serve to influence political decision-making processes, public opinion, or social debates.
  • Political-ideological content, including publications by political movements, initiatives, ideologies, activist groups, or similar associations.
  • Political information, training, or educational materials, including analytical content, guidelines, or political education offerings.
  • Content from political organizations or institutions, including websites, publications, or communications from parties, political associations, citizens' initiatives, or politically active groups.
  • Politically motivated activism, including calls for demonstrations, petitions, campaigns, or politically motivated actions.
  • Political propaganda or inflammatory content, regardless of orientation, origin, or objective.
  • Combinations of political content with religious, ideological, or philosophical statements, provided that these serve to exert political influence.
  • Satirical, artistic, or journalistic content, provided that it deals with political topics or actors or aims to shape political opinion.

The exclusion is based exclusively on the nature of the content and does not constitute any discrimination against individuals or organizations on the basis of political views or affiliations.

Unfair, misleading, or abusive business practices

  • Door-to-door sales, especially when based on pressure or deception.
  • Network-based sales models that rely on recruitment or commission structures without real added value.
  • Models that promise quick riches, e.g., alleged “top investments” with minimal capital investment.
  • Offers that advertise with fake testimonials, manipulated reviews, or exaggerated claims.
  • Preparations or pseudo-medicines that are harmful to health or make unproven promises of effectiveness.
  • Services without clear benefits, including the resale of government services without authorization.
  • Misleading trial periods, subscriptions with hidden costs, or marketing with negative options.
  • Telemarketing using unfair methods.
  • Sale of artificially generated web traffic or fake interactions.
  • Excessive mortgages with usurious terms. Chain letters, pyramid schemes, or similar fraudulent structures. Document forgery or services for creating fake documents. Other activities that are considered fraudulent, exploitative, or unfair.
  • Other activities that may be considered fraudulent, exploitative, or unfair.

Weapons, hazardous materials, and prohibited materials

  • Ammunition, fireworks, black powder, 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.
  • Deceptively realistic imitation weapons or mislabeled replicas.
  • Research chemicals, radioactive, flammable, or otherwise hazardous substances.
  • Pesticides whose use is restricted to certified professionals.

Gambling and competitions

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

Content and services of a sexual nature

  • Sexual services such as escort services, prostitution, erotic massages, or fetish services.
  • Erotic chats or “live cam” services with adult content.
  • Businesses such as strip clubs, nude bars, or similar establishments.
  • Pornographic media of any kind, including text, photos, or films.
  • AI-generated depictions that fall into any of the above categories.

Products and services that infringe intellectual property rights

  • Sale or distribution of music, films, software, or other licensed works without permission.
  • Trade in counterfeit or pirated goods.
  • Import or export of prohibited or inadmissible goods.
  • Distribution of branded products without the necessary authorization.
  • Any offers that infringe rights such as patents, copyrights, trademarks, or trade secrets, or that encourage such infringements.

Government services

  • Offers that imitate government services or falsely claim to act on behalf of a authority.
  • Selling or brokering government services without official authorization or without genuine added value.
  • Provision of government-like offers under misleading representations.
  • Processing or payment of government support programs such as grants.

Prohibited goods and illegal activities

  • Illegal drugs or substances intended to mimic a similar effect, including kava.
  • Accessories or equipment for the production or use of drugs.
  • Counterfeit identity documents or certificates.
  • Devices for manipulating or disrupting telecommunications systems (e.g., jammers).
  • Companies 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 target or country of origin.

2. The customer is obligated to use HOSTYON services appropriately. In particular, they are obligated to

a) ensure compliance with legal regulations and official requirements, insofar as these are currently or will be relevant in the future for participation in the HOSTYON network;

b) take into account the applicable provisions of data protection and the recognized principles of data security and comply with them;

c) to notify HOSTYON immediately of any recognizable defects or damage (fault reports) and to take all measures that enable the defects or damage and their causes to be identified or that facilitate and accelerate the rectification of the fault;

d) after submitting a fault report, reimburse HOSTYON for the expenses incurred in checking its equipment if and to the extent that the check reveals that a fault lies within the customer's area of responsibility (outside the defined contract and scope of services).

3. If the customer violates the obligations specified in paragraph 1 lit. b) and c) and paragraph 2 lit. a), HOSTYON is entitled to terminate the contractual relationship without notice.

4. Details of the interaction between users can be agreed upon in a spirit of partnership by means of user regulations.

5. In the cases referred to in paragraph 2 lit. a), HOSTYON is entitled, in addition to termination without notice, to block access to the services resulting from the scope of services with immediate effect.

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


6. Use by third parties

1. Direct or immediate use of HOSTYON services by third parties is permitted. The customer may use, resell, and sublet the services for their own purposes. The customer must properly instruct third parties in the use of the services. The customer is liable to HOSTYON for the third party's compliance with the contractual provisions in the same way as they would be liable for their own compliance.

2. The customer shall also pay the fees incurred by third parties within the scope of the access and usage options made available to them. The same applies in the event of unauthorized use of the services by third parties, unless the customer can prove that the unauthorized use was made by circumventing or removing the security measures of HOSTYON without the customer being responsible for this.


7. Terms of payment

1. Unless otherwise agreed in the contract , HOSTYON shall invoice the customer for the agreed services at the applicable rates or fees and conditions plus the applicable statutory value added tax. Fixed fees shall be invoiced monthly in advance, and usage-based fees shall be invoiced at the beginning of the following month. The respective fees incurred shall be due for immediate payment without deduction upon invoicing.

2. If the fee is payable for parts of a calendar month regardless of consumption, it shall be calculated at 1/30 of the monthly fee for each day.

3. Line and communication costs (telephone charges) between customers and the HOSTYON connection point shall be borne by the customer. If separate costs are incurred on the HOSTYON side for a connection (e.g., terminal adapter, exclusive modem provision, etc.), these will be invoiced to the customer separately.


8. Right of retention, breach of contract

1. The customer may only assert a right of retention on the basis of counterclaims arising from the same contractual relationship as those claims against which the right of retention is asserted.

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

3. If a significant disruption to HOSTYON's services lasts longer than two weeks and an actual downtime period of more than 48 hours is reached, the customer is entitled to reduce the monthly fees and charges from the time of occurrence until the obstacle is removed. A significant obstacle exists if

a) the customer, for reasons for which neither they nor third parties are responsible, can no longer access the HOSTYON infrastructure and is therefore unable to use the services specified in the contract, and

b) the use of these services is significantly impeded overall or the use of individual services specified in the contract becomes impossible or comparable restrictions apply.

4. In the event of a failure of services due to a disruption outside the area of responsibility of HOSTYON, a reduction in price is excluded. The same applies to the failure of services due to necessary interruptions in operation in accordance with Section 10 of the General Terms and Conditions.


9. Default of payment

1. In the event of default of payment , HOSTYON is entitled to charge default interest at a rate of 5 percentage points above the respective statutory base rate p.a. If HOSTYON is able to prove higher damages caused by the delay, HOSTYON is entitled to claim these.

2. HOSTYON may terminate the contractual relationship extraordinarily without notice or assert a right of retention to the services incumbent upon it, in particular the retrieval of the domains, the connection of the server to the network, or the interrupting the customer's line connection if the customer is more than one month in arrears with the payment of the amounts owed, in whole or in part, HOSTYON has sent the customer a reminder setting a deadline and has pointed out the possible consequences of termination and the right of retention.

3. HOSTYON reserves the right to assert further claims.


10. Availability of services

HOSTYON offers its services 24 hours a day, 7 days a week. Necessary service interruptions for preventive maintenance work will be announced as early as possible. HOSTYON will remedy any malfunctions of its technical equipment as quickly as possible within the scope of existing technical and operational possibilities.


11. Confidentiality/Data Protection

1. Insofar as HOSTYON uses third parties to provide the services offered, HOSTYON is entitled to disclose participant data in compliance with the provisions of the GDPR, in particular Articles 28 and 32.

2. HOSTYON declares that its employees who are involved in the performance of this contract have been bound to confidentiality and that HOSTYON has taken the necessary technical and organizational measures in accordance with Art. 32 GDPR to ensure a level of protection appropriate to the risk.

3. In all other respects, HOSTYON processes personal data in accordance with its privacy policy.


12. Liability and limitations of liability

1. HOSTYON is liable for material defects and legal defects in accordance with the statutory provisions.

2. Outside of liability for material defects and defects of title, HOSTYON shall be liable without limitation insofar as the cause of damage is based on intent or gross negligence. HOSTYON shall also be liable for the slightly negligent breach of essential obligations (obligations whose breach jeopardizes the achievement of the purpose of the contract) and for the breach of cardinal obligations (obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer regularly relies), but in each case only for the foreseeable damage typical for this type of contract. HOSTYON is not liable for the slightly negligent breach of other obligations. 3. The limitations of liability in paragraph 2 do not apply in the event of injury to life, limb, or health, for a defect after assumption of a guarantee for the quality of the product, and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

4. If HOSTYON's liability is excluded or limited, this shall also apply to the personal liability of its employees, representatives, and vicarious agents.

5. The customer shall be liable for all consequences and disadvantages incurred by HOSTYON or third parties as a result of the misuse or illegal use of HOSTYON services or as a result of the customer failing to fulfill its other obligations.


13. Final provisions

1. The place of performance for all contractual services is the registered office of HOSTYON Micha Cassola 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 Sales Law (UN Sales Law) are excluded to the extent permitted.

3. For commercial customers, the registered office of HOSTYON shall be the place of jurisdiction for all disputes arising from this contractual relationship. This shall also apply to legal entities under public law or special funds under public law. However, HOSTYON shall also be entitled to bring legal action at the customer's place of business. .

4. Should any provision of this agreement be or become wholly or partially void or ineffective, this shall not affect the validity of the remaining provisions. Instead, the ineffective provision shall be replaced by a provision that corresponds to the purpose of the agreement or at least approximates the purpose of the agreement, which the parties would have agreed upon to achieve the same economic result if they had been aware of the ineffectiveness of the provisions. The same applies accordingly to the incompleteness of the provisions.