Terms and conditions

Part A: General provisions

§ 1 Scope, provider

(1) These General Terms and Conditions (GTC) apply to all contracts between euhost.com, owner Matevz Sernc-Urban, Hochriesstr. 46, 85560 Ebersberg (hereinafter “euhost” or “we”) and its customers concerning the euhost Box, add-ons and domains.

(2) Our offers are directed at entrepreneurs within the meaning of § 14 of the German Civil Code (BGB) and at consumers within the meaning of § 13 BGB. Provisions that apply to only one of these groups are marked as such.

(3) Deviating or supplementary terms and conditions of the customer do not become part of the contract, even if we do not expressly object to them.

(4) In addition, the service description and the prices published on euhost.com at the time of the order apply, as well as, for domains, the terms of the respective registry (§ 10).

§ 2 Conclusion of the contract

(1) The presentation of our services on euhost.com does not constitute a binding offer.

(2) The customer submits a binding offer by sending the order with the button “Order with obligation to pay”. Before doing so, the customer can check and correct all entries.

(3) We confirm receipt of the order by e-mail without undue delay. The contract is concluded when we accept the order, at the latest upon provision of the service (activation of the package or application for the domain).

(4) We may reject orders, in particular if there are justified doubts as to the identity of the customer, their ability to pay or lawful use.

(5) The language of the contract is German. We store the text of the contract. The customer receives the order data and these GTC by e-mail; the current version of the GTC is available at euhost.com/agb.

§ 3 Customer account and access data

(1) A customer account is required to use our services. The customer provides true and complete information and notifies us of changes without undue delay, in particular changes of address, e-mail address and bank details.

(2) The customer keeps passwords, SSH keys, API tokens and other access data secret and protects them against access by third parties. If the customer has reason to believe that unauthorised persons know access data, the customer changes them and informs us without undue delay.

(3) If there is a justified suspicion that access data are being misused, we may temporarily block access. We inform the customer of this without undue delay.

Part B: euhost Box

§ 4 Services

(1) With a package, we provide the customer with computing power (vCPU), memory and storage space in a data centre in Germany. Within these resources, the customer can create virtual Linux machines (“boxes”) up to the maximum number of their package. Scope and price are determined by the package description at the time of the order.

(2) Each box is a separate virtual machine with root access, persistent storage and its own HTTPS address. We provide pre-installed software, such as the operating system or Claude Code and Codex, in its current version at any given time. We do not owe any specific version.

(3) The vCPU capacity is not available exclusively but is shared with other boxes on the same server. We do not owe any specific computing speed at all times.

(4) Data traffic is included within the scope of normal use (fair use). If a customer’s data traffic permanently and significantly exceeds the normal level and thereby impairs other customers, we will contact the customer. If no agreement is reached, we may reasonably limit the bandwidth.

(5) AI services such as Claude or ChatGPT are not part of our service. The customer uses them with their own account with the respective provider; exclusively that provider’s terms and prices apply to this.

(6) We may change IP addresses and technical host names if this is technically necessary and will announce this in good time. The customer’s own domains connected by the customer remain unaffected.

(7) As an add-on, we offer a mail relay through which the customer’s boxes can send e-mails. Upon booking, the customer receives the SMTP access data (server, port, user name and password). Only domains that the customer has stored with us can be used as senders; for these domains, the customer sets up the DNS records specified by us, in particular SPF. Within the scope of normal use, sending is not limited in quantity (fair use). If there are indications of spam or misuse, or in the event of use that significantly exceeds the normal level, we may throttle or block sending (§ 8).

§ 5 Availability and maintenance

(1) We aim for an availability of the boxes of 99.9% on a monthly average. Announced maintenance work and disruptions for which we are not responsible, such as force majeure or disruptions of third-party networks, are not taken into account.

(2) We announce planned maintenance work by e-mail at least 48 hours in advance and schedule it at times of low traffic where possible. We may install urgent security updates without prior notice.

(3) If a box is not reachable for more than 24 hours without interruption for a reason for which we are responsible, we credit one thirtieth of the monthly package fee for each commenced day of outage. The customer receives the credit upon request if they prove the outage, for example by stating the affected box and the period together with logs or screenshots. Further statutory rights remain unaffected.

§ 6 Data backup and snapshots

(1) Within their storage space, the customer can create and restore snapshots of their boxes at any time.

(2) In addition, we back up the boxes daily to a second data centre and keep each backup for seven days. To protect against manipulation, the data centre additionally keeps write-protected interim states of the backup storage; a backup is therefore completely deleted at the latest three weeks after it was created. Restoration from this backup is included in the package.

(3) Our backups serve the purpose of restoration after disruptions. They do not replace the customer’s own data backup. The customer additionally backs up important data outside their boxes, for example in a Git repository.

§ 7 Obligations of the customer, rules of use

(1) The customer is responsible for everything that happens in their boxes, in particular for the software installed by the customer and its licences, for security updates of this software, and for configuration and content. If the customer has booked the add-on “Managed Box”, we take on the tasks specified in its service description.

(2) This also applies to actions of AI agents that the customer operates in their boxes. The customer determines which permissions and access data an agent receives and monitors its activity to a reasonable extent.

(3) The following is prohibited in particular:

1. storing or distributing unlawful content or linking to it, in particular content that infringes copyrights, trademark rights or personality rights, as well as content that incites hatred against parts of the population (Volksverhetzung), glorifies violence or is harmful to minors;
2. sending unsolicited advertising (spam); outgoing e-mail via port 25 is blocked, the mail relay is available for sending from the boxes (§ 4(7));
3. attacks on third-party systems, port and vulnerability scans without the permission of the respective operator, phishing, distributing malware and operating botnets;
4. mining cryptocurrencies;
5. services that place an excessive load on or endanger our infrastructure or other customers, such as open proxies, Tor exit nodes or file-sharing networks;
6. attempts to circumvent the separation between boxes or from our infrastructure.

(4) The customer ensures that persons to whom the customer gives access to their boxes also comply with these rules.

§ 8 Suspension in the event of misuse

(1) If the customer violates § 7(3), or if there are concrete indications of this, such as an abuse report or detected scans or mining, we may temporarily suspend the affected box or its network access insofar as this is necessary to prevent damage to us, other customers or third parties. We choose the mildest suitable means and inform the customer without undue delay, stating the reasons.

(2) We lift the suspension as soon as the customer has remedied the violation or dispelled the suspicion.

(3) For the duration of a justified suspension, the customer remains obliged to pay. The right to extraordinary termination (§ 15(3)) remains unaffected.

§ 9 End of the contract, deletion of data

(1) After the end of a package contract, we keep the boxes available in a suspended state for a further 14 days. During this time, we provide the customer with an export of their data on request. After that, we permanently delete the boxes and all associated data; backups are deleted at the latest three weeks after they were created (§ 6(2)).

(2) Before switching to a smaller package, the customer brings their usage within its limits, in particular with regard to the number of boxes and the storage space.

Part C: Domains

§ 10 Registration via registrar and registry

(1) We register domains on behalf of the customer via an accredited registrar, currently InterNetX GmbH, Regensburg, with the registry responsible for the respective extension, for example DENIC eG for .de. The registration additionally creates a contractual relationship between the domain holder and the registry.

(2) For each domain, the registration terms and policies of the responsible registry apply in addition, for .de domains in particular the DENIC Domain Terms and Conditions and the DENIC Domain Guidelines. For generic extensions such as .com, .net or .org, the policies of ICANN additionally apply, including the Uniform Domain-Name Dispute-Resolution Policy (UDRP). These terms take precedence over the provisions of this Part insofar as they are mandatory. On request, we will name the versions that apply in each case.

(3) The customer or the person named by the customer becomes the holder of the domain.

§ 11 Allocation, details, rights of third parties

(1) We owe the application for the domain with the registry. Whether a domain is allocated is decided solely by the registry. The customer can only assume that a domain has been allocated once we have confirmed the successful registration to them. If a domain is not allocated, we refund the fees already paid for it.

(2) The customer ensures that the desired domain and its use do not infringe any rights of third parties, in particular no trademark or name rights, and do not violate any laws. We do not check this.

(3) The details required for the registration, in particular the name and address of the holder, must be correct and complete. The customer keeps them up to date. Under the rules of the registries, incorrect details may lead to the deletion of the domain.

(4) If dispute proceedings are initiated against a domain, such as a DENIC dispute or UDRP proceedings, we inform the customer and act in accordance with the requirements of the registry.

§ 12 Term, termination and transfer of domains

(1) Domains are registered for the minimum term specified by the registry, usually one year. The fees for this term are payable in advance.

(2) Entrepreneurs: The contract is extended in each case by the next term of the registry unless it is terminated at the latest one month before that term expires.

(3) Consumers: After expiry of the first term, the contract continues for an indefinite period and can be terminated at any time with one month’s notice. We refund fees already paid for the period after the termination takes effect on a pro rata basis, less the costs incurred by us for the registration already renewed with the registry that we do not get back.

(4) If the customer wishes to transfer a domain to another provider, we provide the auth code required for this without undue delay. A transfer is only possible insofar as the registry permits it; for some extensions, for example, not within the first 60 days after registration.

(5) If the contract ends without the domain being transferred, we return the domain to the registry at the end of the term or have it deleted. It can then be registered by third parties. We inform the customer of this by e-mail before the deletion.

(6) If the customer is in default with fees for a domain, we may defer the renewal of this domain until the outstanding amounts have been paid. Beforehand, we inform the customer of the impending loss of the domain at least 14 days before the end of the term.

(7) If a registry changes its prices, we may adjust the price of the affected domain for the next term accordingly. We notify this at least four weeks before the start of the new term; the customer can then terminate the contract with effect from the end of the current term.

Part D: Prices, term, liability

§ 13 Prices and payment

(1) The prices at the time of the order apply. For consumers, all prices are final prices including VAT. For entrepreneurs, they are plus statutory VAT.

(2) Package prices and monthly add-ons are payable monthly in advance, one-off services such as the “Startklar” setup upon ordering, and domains in advance for their respective term. Additionally booked storage space is charged on a daily basis for the booked period and collected with the next monthly payment.

(3) The customer pays by credit card, PayPal or bank transfer. Payment processing is handled by Mollie B.V., Amsterdam. For credit card and PayPal, we collect amounts due automatically via the stored payment method. For bank transfer, we invoice each amount due; it is payable within 14 days of invoicing. For the first order by bank transfer, we provide the service as soon as we have received the payment.

(4) The customer receives invoices electronically. Entrepreneurs receive an e-invoice in ZUGFeRD format.

(5) If the customer reverses a credit card or PayPal payment without justification, the customer bears the fees actually incurred by us as a result, insofar as the customer is responsible for this.

(6) If the customer is in default with an amount of at least one monthly package fee for more than 14 days, we may suspend their boxes, after giving notice with a period of at least five working days, until the arrears have been settled.

(7) The customer can only set off claims that are undisputed or have been finally established by a court. For consumers, this restriction does not apply to counterclaims arising from the same contractual relationship.

§ 14 Price changes

(1) We may change the prices for packages and add-ons if our costs for providing them change, for example for the data centre, hardware or energy. An increase may not exceed the increase in costs. If our costs decrease, we reduce the prices accordingly.

(2) We notify price changes in text form at least four weeks before they take effect. The customer can terminate the contract free of charge until they take effect; we point this out in the notification.

(3) If the statutory VAT rate changes, we adjust the prices for consumers accordingly at the time of the change.

§ 15 Term and termination

(1) Contracts for packages and monthly add-ons run for an indefinite period. The customer can terminate them at any time with effect from the end of the current billing month. We can terminate them with one month’s notice to the end of a month.

(2) Termination is possible in text form, for example by e-mail, or via the customer account. Consumers can additionally terminate via the “Cancel contracts here” button on euhost.com.

(3) The right of both parties to extraordinary termination for good cause remains unaffected. Good cause exists for us in particular if the customer significantly violates § 7(3) despite a warning, in the case of serious violations such as attacks on third parties or criminal content also without a warning, or if the customer is in default with an amount of at least two monthly package fees.

(4) § 12 applies to domains.

(5) Money-back guarantee: If the customer terminates their first package within 14 days of its provision, we refund the package fee paid for it in full. Domains and one-off services already rendered, such as the “Startklar” setup, are excluded. The statutory right of withdrawal for consumers (§ 18) remains unaffected.

§ 16 Liability

(1) We are liable without limitation in the event of intent and gross negligence, for injury to life, body or health, under the German Product Liability Act (Produkthaftungsgesetz) and to the extent of a guarantee we have assumed.

(2) In the event of a slightly negligent breach of a material contractual obligation, our liability is limited to the damage typical for the contract and foreseeable at the time the contract was concluded. Material contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely. Otherwise, we are not liable for slight negligence.

(3) Entrepreneurs: In the cases of paragraph 2, our liability is additionally limited to the total of the fees that the customer paid to us in the twelve months before the damaging event.

(4) For the loss of data, we are only liable to the extent that would also have occurred if the customer had properly backed up data in accordance with § 6(3).

(5) We are not liable for third-party services that the customer uses themselves, such as AI services or software, nor for content and actions that the customer or AI agents deployed by the customer bring about in their boxes.

(6) The above limitations also apply in favour of our employees and vicarious agents.

(7) The customer indemnifies us against claims of third parties that are based on an unlawful use of our services for which the customer is responsible, including use by AI agents deployed by the customer, including the reasonable costs of legal defence.

§ 17 Data protection and processing on behalf of the customer

(1) We explain how we process personal data in our privacy policy at euhost.com/datenschutz.

(2) If the customer processes personal data in their boxes, we are their processor to that extent. For this purpose, we conclude with entrepreneurs a data processing agreement pursuant to Art. 28 of the General Data Protection Regulation (GDPR), which also names our sub-processors.

(3) We only access the contents of the boxes insofar as this is necessary to remedy faults, to prevent misuse or on the basis of a legal obligation, or if the customer consents.

§ 18 Right of withdrawal for consumers

Consumers have a statutory right of withdrawal. The details and the model withdrawal form can be found in our information on the right of withdrawal at euhost.com/widerruf.

§ 19 Amendments to these GTC

(1) We may amend these GTC if this is necessary due to a change in legislation or case law, due to technical developments or due to new services. We do not change the service and the price, being essential contents of the contract, in this way; § 14 applies to prices.

(2) Entrepreneurs: We notify amendments in text form at least four weeks before they take effect. If the customer does not object by the time they take effect, the amendments are deemed accepted. We specifically point out this consequence in the notification.

(3) Consumers: We notify amendments in text form at least four weeks before they take effect and ask for consent, which the customer can give by clicking in the customer account or by e-mail. Amendments only become effective with this consent. If the customer does not consent, the previous GTC continue to apply; we can then terminate the contract with ordinary notice, packages and add-ons with one month’s notice to the end of a month (§ 15(1)), domains with effect from the end of the current term.

§ 20 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.

(2) If the customer is a merchant (Kaufmann), a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contract is our place of business in Ebersberg.

(3) We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer dispute resolution body.

(4) Should individual provisions of these GTC be invalid, the remainder of the contract remains valid. The statutory provisions take the place of the invalid provision.