Terms and Conditions

1. Scope and Subject Matter

These General Terms and Conditions (hereinafter "T&Cs") apply to all contracts between Moritz Möller Workstations – hereinafter "Provider" – and its customers (hereinafter "Customer") regarding the provision of virtual servers (V-Servers) and dedicated servers as well as related services.

The Provider's offers are directed at both consumers and businesses. A consumer within the meaning of these T&Cs is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activity (§ 13 BGB). A business within the meaning of these T&Cs is a natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity (§ 14 BGB).

Conflicting or deviating terms and conditions of the Customer shall not apply unless the Provider expressly agrees to their validity in writing. The conclusion of the contract is only possible with adults with unlimited legal capacity. The Provider provides its services exclusively on the basis of these T&Cs.

2. Contract Formation and Ordering Process

The presentation of services (server packages) on the Provider's website does not constitute a binding offer, but a non-binding invitation to the Customer to submit an offer. In the ordering process, the Customer selects a server package (with CPU or GPU server), determines the desired contract term (1, 3, 6, or 12 months), and the payment method (credit card, direct debit, or PayPal, processed through Stripe).

Before submitting the order, the Customer receives an overview of all entries and can check them for correctness and make corrections if necessary. If the Customer is a consumer, they will be informed about their statutory 14-day right of withdrawal during the ordering process. At the same time, by activating the corresponding checkbox, the Customer explicitly requests that the Provider begins with the execution of the service immediately after the conclusion of the contract and confirms that they are aware that they lose their right of withdrawal by doing so. Without this confirmation, a contract conclusion with consumers is not possible.

By clicking on the order button, the Customer submits a binding offer to conclude a contract. The Provider confirms receipt of the order immediately by email (order confirmation). This order confirmation does not yet constitute acceptance of the contract, unless expressly stated otherwise. The contract is only concluded when the Provider accepts the offer – this is done either by explicit order confirmation by email or by providing the booked server (commencement of service provision). If the Provider does not accept the Customer's offer within 5 working days, the Customer is no longer bound by their order.

In the ordering process, the Customer also confirms that they have read and accepted these T&Cs and the Provider's privacy policy.

3. Scope of Services

The Provider provides the Customer with the selected server (virtual or dedicated) with the characteristics specified in the respective service description (e.g., CPU/GPU performance, RAM, hard disk storage, including data transfer volume). The provision and activation of the server typically takes place within 12 hours after contract conclusion and receipt of payment.

The Provider guarantees a minimum availability of server services of 99% on an annual average. Times of planned maintenance work that the Provider has announced to the Customer in good time, as well as times when the server is temporarily unavailable due to force majeure or circumstances beyond the Provider's control (e.g., power failure, network failure outside the sphere of influence, DDoS attack from outside) are not taken into account when calculating availability.

The scope of services includes the provision of the agreed hardware and network infrastructure in the Provider's data center as well as the network connection including an IP address assigned by the Provider. The Customer receives administrator rights (root access) to the server and is responsible for the software installed on it. The Provider is only obliged to ensure the functionality of the hardware and the internet connection. Support by the Provider is exclusively provided for problems with the provided hardware or network connection. Software support (installation, configuration, maintenance, or troubleshooting of operating system, applications, or services on the server) is not part of the contract.

If a hardware or infrastructure error occurs (e.g., defective components in a dedicated server), the Provider will repair it as quickly as possible within the scope of its technical possibilities and replace defective hardware with equivalent components. A guarantee for certain characteristics or an uninterrupted availability of the service is not provided – apart from the availability commitments mentioned above – unless expressly assured in the service description or by individual agreement.

The Customer has no claim that the server will be assigned the same IP address throughout the entire contract term.

4. Customer Obligations and Usage Restrictions

4.1 General Behavioral Obligations

The Customer undertakes to use the Provider's services properly and in compliance with the law. They must refrain from all actions that violate the rights of third parties or could endanger the operation of the infrastructure provided by the Provider. In particular, the Customer may not use the servers in a way that impairs the security, integrity, or availability of the Provider's servers and networks.

4.2 Prohibited Uses

The Customer is particularly prohibited from:

• Hardware Manipulations: Changes to the hardware provided by the Provider or interventions in the server infrastructure. In particular, the Customer is prohibited from making changes to the hardware without the Provider's consent, such as overclocking (overclocking of CPU/GPU) or modifications to the cooling system or other hardware components.
• Abusive Use / Attacks: Using the server for illegal purposes or to conduct unauthorized actions. In particular, the Customer may not use the server for attacks on third-party computers, networks, or services (e.g., no execution or support of DDoS attacks, port scans, hacking attempts, or distribution of malware). Any use aimed at gaining unauthorized access to third-party information or impairing the functionality of third-party networks is also prohibited.
• Crypto Mining / Continuous Load: The use of server hardware for cryptocurrency mining (e.g., Bitcoin, Ethereum, etc.) or comparable permanently resource-intensive applications is prohibited. Excessive continuous utilization of the provided resources that exceeds the contractually intended usual use and puts excessive strain on the Provider's infrastructure is also inadmissible.
• Spam and Unwanted Communication: No unwanted mass emails (spam) or comparable unsolicited messages may be sent via the server. In particular, it is prohibited to send emails in bulk to third parties without their consent, or to use false sender data or conceal the identity of the sender when sending emails.
• Mail-Port: The mail port 25 is standardly blocked. A release can be requested in individual cases at the request of the Customer.
• Inappropriate and illegal Content: The storage, publication, or distribution of inappropriate or illegal content via the server is prohibited. This includes, in particular, content that violates applicable laws or infringes on the rights of third parties. Inadmissible, among other things, is the offering or distribution of pornographic or youth-endangering material, extremist propaganda, glorification of violence, as well as copyrighted material (software, films, music, etc.), unless the Customer possesses the corresponding usage rights.
• Security Violations: The Customer is prohibited from violating the security of the Provider's network and services or that of another network, system, server, or account of a third party. This includes, without limitation, the following activities: (a) Access to data, servers, accounts, databases, etc., for which the Customer does not possess the necessary rights, (b) impersonation as an employee of another company, (c) attempts to research, inquire, or test the weaknesses of a network or system, or to circumvent security and authentication measures without the necessary authorization, (d) attempts to interfere with the provision of services for a user, host, or network, to interrupt or disable, including without limitation, through overloading, "flooding", "mailbombing", "denial of service" attacks, or "crashing", (e) falsifying TCP/IP packet headers or parts of the header information in emails or newsgroup messages, (f) conducting any actions to obtain services that the Customer is not entitled to, or (g) attempts to use the account name or the identity of a person without the latter's consent. The Customer is also prohibited from engaging in activities that aim to circumvent or manipulate the measurement or calculation methods for services. Violations of system or network security are subject to civil or criminal prosecution.
• Fraudulent and Misleading Content: The Customer may not use the service to transmit or distribute content that contains fraudulent offers for goods or services, or advertising or promotional content that contains false, misleading, or deceptive statements, demands, or representations.

4.3 Response to Security Incidents

Should the Customer's server become the target of external attacks (e.g., through a DDoS attack) or should attacks or disruptions towards third parties originate from the Customer's server, the Provider is entitled to temporarily disconnect the server or the corresponding IP address from the network (blocking). This measure serves to protect the Provider's infrastructure and the security of other customers. The Provider will inform the Customer about such a blocking immediately – as far as temporally and technically possible. During the duration of a justified blocking, the Provider is released from the obligation to perform; claims of the Customer for damages or reduction are excluded in this context, provided that the Provider does not carry out the blocking culpably without factual reason. As soon as the security incident has ended or subsided, the Provider will restore the connection.

4.4 Responsibility for Content and Indemnification

The Customer is solely responsible for all content (data, programs, files, etc.) that they store, provide, or transmit from the rented server. They must ensure that the content stored on the server or their use of the server does not violate any rights of third parties and does not violate any legal provisions (in particular criminal, youth protection, data protection, or copyright regulations).

If the Customer violates the above obligations or if the Provider is held liable by third parties (e.g., by an authority or a rights holder) due to content stored by the Customer or their use of the server, the Customer shall indemnify the Provider from all resulting damages and claims of third parties upon first request. This also includes reasonable costs of legal defense of the Provider (e.g., court and attorney fees), if these have been caused by the Customer's behavior.

4.5 Customer's Data Backup Obligation

The Customer is obliged to regularly and independently back up their data stored on the server. Such data backup should be performed on external storage media and at appropriate intervals to avoid data loss in the event of damage. The Provider does not create backups of customer data without a separate agreement. If the Customer wishes a backup service, this must be explicitly agreed upon as an additional service.

5. Traffic and Bandwidth Management

The server packages offered by the Provider each include a certain included data volume per billing period (usually per month). The specific amount of traffic volume included in the price results from the service description of the booked package. If the Customer exceeds the included data volume within the current month (or billing period), the Provider is entitled to limit the network bandwidth of the server connection to 10 Mbit/s for the rest of this period (throttling). From the beginning of the next billing period (following month), the Customer will again have the full contractually agreed bandwidth at their disposal.

Regardless of the agreed volume limit, the Customer is not permitted to continuously transfer very large amounts of data in a continuous form (in particular, no continuous streaming of audio or video data or similarly data-intensive continuous transmissions). The server may not serve as a permanent source for live streams, video/audio transmissions, or large file downloads that continuously make high demands on network resources. The Provider reserves the right to take appropriate measures in the event of such inadmissible continuous load on the network – such as further throttling of the bandwidth even before reaching the volume or a temporary blocking of the affected service – to ensure the quality of services for all customers.

6. Contract Duration and Termination

The contract term begins with the provision of the server and runs over the initial minimum term chosen by the Customer (1, 3, 6, or 12 months). If no timely termination occurs, the contract is automatically extended after the expiry of the respective term by one more month. However, the Customer has the possibility to specify in the customer account or by notification to the Provider that the contract should be extended by 3, 6, or 12 months instead of one month.

The termination of the contract can be made by both parties without giving reasons with a notice period of 7 days to the end of the respective contract term. The termination requires text form (e.g., by email) or can be declared via an online function in the customer area provided by the Provider, if applicable. The timely receipt of the termination by the contractual partner is decisive for compliance with the deadline. If no timely termination is made, the contract automatically continues according to the extension rule mentioned above.

The right to extraordinary termination for good cause remains unaffected. For the Provider, good cause exists in particular if the Customer is in arrears with due payments or significantly violates their obligations under this contract despite a warning (in particular against the usage rules in clause 4). In such a case, the Provider is entitled to terminate the contract without notice and to discontinue the services. Likewise, the Customer can terminate the contract without notice if there is good cause. In the case of a justified extraordinary termination by the Provider, the Customer has no claim to reimbursement of already paid fees; conversely, the Provider's claim to remuneration for services already provided remains.

7. Payment and Invoicing

Unless otherwise agreed, the agreed fees for the server services are to be paid in advance for the respective contract term. Billing is exclusively processed through the payment service provider Stripe using the payment method chosen by the Customer in the ordering process (credit card, SEPA direct debit, or PayPal). The Customer authorizes the Provider or Stripe to collect the due amounts on the respective due date via the chosen payment method. Invoices are sent to the Customer in electronic form by email (to the stored email address), unless another form of invoicing has been agreed upon. All prices include the statutory value-added tax, where applicable, and are in euros.

Upon extension of the contract period (cf. clause 6), the fee for the new period becomes due at the beginning of the respective extension period. The Customer must ensure that their payment information is current and sufficiently covered so that the collection of claims can proceed smoothly.

Payment Default and Consequences: If the Customer is in default with a due payment in whole or in part (e.g., because a direct debit cannot be honored due to lack of funds or a credit card payment fails), the Provider will inform the Customer about this by email or in a suitable manner. If a due payment remains outstanding after the due date, the Provider is entitled to temporarily block the Customer's server, i.e., to prevent further use until payment is received. If the outstanding amount has not been settled 3 days after the first due date, the Provider is entitled to terminate the contract without notice and to permanently delete the server and all customer data stored on it. The Customer is advised that after deletion, restoration of the data is no longer possible. The Customer's obligation to pay the owed fees remains unaffected by a blocking or termination due to payment default – i.e., the Customer must reimburse the Provider for all amounts incurred until the termination of the contract.

8. Liability and Warranty

8.1 Limitation of Liability

The Provider is liable to the Customer in cases of contractual and non-contractual liability for intent and gross negligence without limitation according to the statutory provisions. In the case of simple negligence, the Provider is liable – subject to stricter statutory liability – only for damages resulting from the breach of an essential contractual obligation (cardinal obligation). Essential contractual obligations are those the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the Customer may rely. In this case, however, the Provider's liability is limited in amount to the contractually typical foreseeable damage. Any further liability for simple negligence is excluded.

8.2 Exceptions to the Limitation of Liability

The limitations of liability mentioned in clause 8.1 do not apply to damages resulting from injury to life, body, or health, in case of fraudulent concealment of a defect, in case of assumption of a guarantee or procurement risk, as well as in cases of mandatory statutory liability (such as under the Product Liability Act).

8.3 Data Loss

The Provider assumes no liability for the loss of Customer data unless the damage was caused by intentional or grossly negligent action of the Provider. According to clause 4.5, the Customer is responsible for making their own backup copies of their data at appropriate intervals. In the event that the Provider is liable for data loss, this liability is limited in amount to the expense necessary to restore the data using backup materials provided by the Customer with reasonable effort.

8.4 Software and Third-party Damages

The Provider is not liable for damages caused by software, scripts, or other processes initiated by the Customer on the server. Furthermore, the Provider's liability is excluded for actions of third parties over which the Provider has no influence. This includes, for example, external attacks (hacking attempts, malware), disruptions of parts of the Internet outside the Provider's network, or other circumstances for which the Provider is not responsible. The Provider also does not guarantee that the Customer's software or applications will function without errors on the rented server.

8.5 Customer Data Protection Violations

The Customer is obligated to process data stored on the server in such a way that no data protection violations occur. In particular, the Customer is prohibited from processing personal data of third parties without possessing the necessary rights of the affected persons.

8.6 Availability Warranty

The Provider guarantees the contractual provision of the services described in Section 3. The Customer must immediately report any defects or disruptions to the Provider (fault report) so that the Provider has the opportunity for subsequent performance (rectification or replacement). If the restoration of the contractual service is not successful within a reasonable period, the Customer may appropriately reduce the compensation or – in case of serious defects – terminate the contract extraordinarily. In all other respects, the statutory warranty provisions for services apply. The Provider only assumes any further guarantee if this has been expressly agreed in writing. If the minimum availability is undershot by 0.1% to 0.5%, 75% of the monthly base fee will be refunded. If the minimum availability is undershot by 0.6% to 1.5%, 80% of the monthly base fee will be refunded. If the minimum availability is undershot by more than 1.5%, 100% of the monthly base fee will be refunded. Any further claims for damages by the customer are excluded.

9. Data Protection and GDPR Compliance

The Provider processes personal data of the Customer (e.g., name, address, email address, payment data) in compliance with the relevant data protection laws, in particular the EU General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). Personal data is only collected and used to the extent necessary for the establishment, content design, or fulfillment of the contractual relationship as well as for billing. The Provider uses the data exclusively for the provision of services and contract processing.

Data will not be transferred to third parties, except where necessary for the fulfillment of the contract or due to a legal obligation. For example, it may be necessary to transmit the data to the payment service provider Stripe (or to the respective bank/credit card provider or PayPal) for payment processing. Any further transfer or use of the data for advertising purposes or similar will only take place if the Customer has expressly consented to this.

More detailed information on data processing can be found in the Provider's privacy policy, which is available on the website. By concluding the contract, the Customer consents to the processing of their personal data necessary for the contractual relationship.

10. Changes to Terms and Conditions

The Provider reserves the right to adapt or change these T&Cs with effect for the future if there is a valid reason. Such a reason may be, for example, a change in the legal situation or case law, a change in economic conditions, a further development of the services, or a change in technical framework conditions. The Provider will inform the Customer of planned changes to the T&Cs at least 4 weeks before the intended entry into force in text form (e.g., by email).

The Customer will be provided with the amended version of the T&Cs or the amendment notices. If the Customer does not object to the changes within 4 weeks after receipt of the amendment notification in text form (e.g., by email), the changes shall be deemed accepted upon expiry of this period or at the announced effective date. The Provider will expressly inform the Customer in the notification about the right of objection, the deadline, and the consequences of not objecting.

11. Jurisdiction, Applicable Law and Final Provisions

The law of the Federal Republic of Germany applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If the Customer is a consumer, this choice of law applies only to the extent that it does not undermine any mandatory consumer protection provisions of the country in which the Customer has their habitual residence.

If the Customer is a merchant within the meaning of the Commercial Code, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with this contract is the registered office of the Provider. In all other cases, the statutory provisions apply for the place of jurisdiction.

The place of performance for all services under this contract is – as far as legally permissible – the registered office of the Provider. The contract language is German.

The Customer is entitled to rights of retention or the defense of non-performance of contract only insofar as their counterclaim arises from the same contractual relationship. Offsetting against claims of the Provider is only permissible for the Customer with undisputed or legally established counterclaims.

There are no side agreements to this contract. Changes or additions to this contract and these T&Cs require text form (e.g., by email). This also applies to a change of the text form requirement itself.

Should a provision of these T&Cs be or become wholly or partially invalid or unenforceable, this shall not affect the validity of the remaining provisions. Instead of the invalid or unenforceable provision, that effective provision shall be deemed agreed which comes closest to the economic purpose of the invalid provision in a legally permissible manner. The same applies in the case of a contractual gap – to fill the gap, an appropriate provision shall apply that comes closest to what the parties would have agreed if they had considered the point.