General Terms and Conditions
These General Terms and Conditions ("T&Cs") govern contracts between "Informaten" Max Schumann, Luca Drefke and Alec Putzmann GbR, trading as "Informaten" ("Provider"), and you for hosting services. They apply in the version in force at the time the contract is concluded. Mandatory disclosures can be found in the Imprint.
These T&Cs become part of the contract upon its conclusion. Please read them before placing an order; we are available at any time if you have questions. Note: The German version of these T&Cs is the legally binding one. This English version is provided for convenience only; in case of any discrepancy, the German version prevails (see § 2 (5)).
§ 1 Scope and definitions
(1) These T&Cs apply to all contracts between the Provider and you in the version in force at the time the contract is concluded.
(2) You are a consumer if you act, as a natural person, for purposes that can be attributed predominantly neither to your commercial nor to your independent professional activity. You are a trader if, as a natural or legal person or partnership with legal capacity, you act in the exercise of your commercial or independent professional activity.
(3) Conflicting, deviating, or supplementary terms and conditions of yours do not become part of the contract unless their applicability is expressly agreed in text form. This also applies if the Provider performs its services with knowledge of your deviating terms.
(4) The Provider also delivers services to customers abroad. Mandatory consumer protection provisions of the country in which you, as a consumer, have your habitual residence remain unaffected.
(5) Colocation/housing, remote hands, managed services, and individually agreed SLAs are offered only to traders unless agreed otherwise. The Provider may require suitable proof.
§ 2 Conclusion of contract
(1) The presentation of services is not a binding offer but a non-binding online catalog. By clicking the "Order with payment obligation" button, you submit a binding request for the contents of your shopping cart.
(2) Confirmation of receipt of the order is sent immediately after the order is submitted and does not yet constitute acceptance of the contract. The Provider may accept your order by means of an order confirmation in text form or by performing the service within two business days.
(3) There is no general entitlement to use the services. The Provider is entitled to reject offers without giving reasons.
(4) The Provider stores the contract text and sends you the order data by email. You can view and download these T&Cs at any time on the Provider's website.
(5) The contract language is German.
§ 2a Minimum age and contractual capacity
(1) Contracts are concluded only with persons of legal age who have unrestricted contractual capacity, or with duly represented businesses.
(2) If there is reasonable doubt as to age of majority, contractual capacity, or authority to represent, the Provider may request suitable evidence and may provisionally defer, restrict, or block performance pending clarification.
(3) If it turns out that a contract was concluded without the required consent of a legal representative or without sufficient contractual capacity, the Provider may refuse further performance and reverse the transaction in accordance with statutory provisions. The Provider reserves the right of extraordinary termination as a fallback to the extent that a valid contract exists. Mandatory rights of minors and persons with limited contractual capacity, in particular §§ 104 ff., 106 ff., 108, 110 and 812 ff. BGB, remain unaffected.
§ 2b Customer account and master data
(1) When registering, ordering, and during the term of the contract, you must provide complete and accurate personal, company, address, billing, identity, and contact data and keep it up to date. You maintain changes in the customer area or notify them in text form.
(2) Reasonable doubt exists in particular in the case of contradictory, manifestly incomplete, or undeliverable information, mismatched payment/billing data, missing authority to represent, third-party identity or payment data, as well as concrete indications of fraud, sanctions, money laundering, abuse, or circumvention. In such cases, the Provider may request reasonable evidence of identity, address, business status, representation, or payment.
(3) Pending clarification, the Provider may defer new services and restrict existing services only to the extent necessary and proportionate. If evidence is not provided within a reasonable period despite the deadline set, or if false information, identity misuse, lack of authority to represent, or circumvention is confirmed, the Provider may suspend, refuse, or terminate the affected services for good cause. Before any permanent measures, you will be given the opportunity to comment, unless this is precluded by imminent danger, statutory obligations, or overriding security interests.
(4) You are responsible for actions taken via your customer account, team/employee accesses, API keys, and tokens, to the extent that you have enabled the use or have not adequately protected the access credentials. If you suspect compromise, you must inform the Provider without undue delay and rotate the affected credentials.
(5) Purpose limitation for evidence: Identity or authorization evidence is processed solely for verifying identity, authority to represent, payment risks, or abuse risks. Copies are deleted after completion of the verification or replaced by a verification note, unless retention obligations or evidentiary interests preclude this. Details are set out in the Privacy Policy.
§ 3 Scope of services
(1) The exact scope of services results from the service description on the Provider's website and from the information provided during the order process.
(2) The Provider is entitled:
- a) to choose or change technical means, systems, locations, or clusters, provided this is reasonable for you;
- b) to change, replace, or further develop technical components, ancillary functions, or infrastructure for valid factual reasons under para. (3), without withdrawing the agreed main service;
- c) to engage third parties as subcontractors; for processing on behalf, § 15 applies, including the list of sub-processors.
(3) Valid factual reasons exist in particular for security or stability requirements, statutory, regulatory, or judicial requirements, necessary technical adjustments, compatibility, abuse prevention, changed upstream services, or outdated or insecure components. Product-related further development is covered only insofar as it is technically necessary or beneficial to you.
(4) The Provider may restrict, suspend, or discontinue functions or services to the extent required by law, regulatory or judicial orders, or significant security risks. The Provider will inform you to the extent legally and factually possible.
(5) Technical changes, security updates, migrations, and maintenance are communicated by email or via the Status Page; for urgent security measures, the information may be provided afterwards. Contract-related emails cannot be unsubscribed during the term of the contract.
(6) If you fail to provide necessary cooperation and the service thereby becomes unreasonable, the Provider may proportionately restrict, suspend, or terminate the affected service for good cause.
(7) Supplementary special terms apply to individual product categories pursuant to Annexes A–F; in case of conflicts, those terms prevail.
(8) Consumers (§§ 327 ff. BGB): Changes to digital products that go beyond updates necessary to maintain conformity with the contract will only be made for consumers if the contract so provides, there is a valid reason, no additional costs arise, and you are clearly informed. In the case of more than minor impairment of access or usability, the Provider will inform you in advance on a durable medium of the type, time, reason, and your rights, in particular the right of extraordinary termination or unchanged continued use to the extent technically possible and reasonable. Refunds are governed by § 6a (5)(c) and mandatory consumer law.
§ 4 Domain registration
(1) For domains, the Provider regularly arranges or performs the registration via registrar, registry, or reselling partners. Rights to the domain belong to you as the domain holder; the Provider does not acquire any rights of its own.
(2) You warrant that your domain does not infringe any third-party rights and shall indemnify the Provider in accordance with § 11, to the extent that you are responsible for the infringement.
(3) The Provider has no influence on allocation decisions of registries or registrars. For non-registration, mis-registration, or interim allocation, the Provider is liable only in accordance with § 10.
(4) You are obliged to inform the Provider without undue delay of any changes to the data required for registration. The Provider is entitled to withhold activation of a domain until you have paid the agreed fee.
(5) If a domain you have requested cannot be registered, the Provider will inform you without undue delay. If you do not select an alternative within 7 days, the Provider is entitled not to pursue the domain registration further.
(6) Mandatory data required for registration is transmitted to the registry and registrar and may, in accordance with their requirements, appear in Whois/RDAP. Details are set out in the Privacy Policy.
§ 4a Domain services, expiration, and reactivation
(1) Domain services are governed by the rules, deadlines, and technical processes of the respective registry, registrars, and reselling partners. The Provider's influence is limited accordingly.
(2) Restoration or reactivation of domains after expiration, termination, or deletion cannot be guaranteed. Whether and on what terms reactivation is possible depends on the respective TLD, registry, or registrar.
(3) Where reactivation, new registration, or transfer is technically and legally possible, the fees apply in accordance with the Provider's then-current price list, plus any third-party fees (e.g. registry/registrar fees, redemption fees). The Provider will inform you of foreseeable third-party fees before execution, where practically possible.
(4) In the event of a provider change, the Provider will support you within the technical possibilities and the rules of the respective TLD (e.g. by providing the AuthInfo/AuthCode).
§ 5 Term, non-renewal, and termination
(1) Unless otherwise stipulated in the product, the prepaid rules under § 6a apply. Consumer products do not renew automatically; with traders, deviating term, renewal, or billing models may be expressly agreed.
(2) Payment notices, reminders, or renewal invoices for future prepaid terms only enable manual renewal. If payment is not made, no payment obligation arises for the future period; the legal consequence is solely non-renewal or deactivation pursuant to § 6a.
(3) Automatic renewals, minimum terms, ongoing billing, or arrears billing are used only for traders or on the basis of an express individual agreement. In such cases, unless otherwise agreed, the contract may be terminated by you and by the Provider in text form with four weeks' notice to the end of the agreed term.
(4) The right of extraordinary termination for good cause remains unaffected. Extraordinary termination may be declared at any time in text form.
(5) You may at any time initiate non-renewal, deactivation, or deletion in the customer area to take effect at the end of the paid term, to the extent that the respective product technically supports this. Early deactivation at your request does not affect the fee for the prepaid term already booked; § 6a (5) remains unaffected.
(6) For domain services, you must give timely instructions upon termination or non-renewal (deletion, allowing to expire, or provider change). Without timely instructions or payment, the Provider may decline to renew and allow the domain to expire or be deleted in accordance with registry/registrar rules.
§ 6 Fees and payment
(1) Fees are governed by the prices agreed in the order process or in text form.
(2) Trader prices are net plus VAT unless otherwise stated; consumer prices are shown gross during the order process.
(3) Unless otherwise agreed, services are payable in advance and are typically only activated or continued after receipt of payment. Notices or renewal invoices for future prepaid terms do not give rise to a new payment obligation without payment; in the event of non-payment, § 6a applies.
(4) Services billed in arrears, chargebacks, returned direct debits, and other claims that have already arisen are due within the invoice deadline, otherwise within 14 days of invoicing.
(5) In the event of late payment, statutory default interest applies. For justified reminders sent after default has occurred, the Provider may charge €2.50 in lump-sum damages, unless you prove that no damage or lesser damage was caused.
(6) In the event of default, the Provider may proportionately suspend the affected services after a reminder and a reasonable period and terminate them for good cause if the default continues. Good cause exists in particular in the case of default for more than two billing periods or at least one billing fee. § 13 applies for abuse, security risks, and official suspensions.
(7) You may set off undisputed, legally established, or ready-for-decision counterclaims. Counterclaims arising from the same contractual relationship, in particular for defects, reversal, or consumer rights, as well as rights of retention from the same contractual relationship, remain unaffected.
(8) Invoices are made available electronically in the customer area and sent by email. Postal dispatch only takes place upon request and may be charged according to the price list.
(9) In the case of returned direct debits, chargebacks, cancellations, unauthorized payment methods, and well-founded suspicion of payment fraud or money laundering, the Provider may defer new services, request evidence, proportionately suspend the affected services, and terminate for good cause in serious or repeated cases. The Provider may pass on resulting fees to the extent that you are responsible for the incident and you do not prove lower damage.
§ 6a Prepaid, expiration of term, and reactivation
(1) Prepaid services are provided for the paid term and end thereafter. For consumer products, a new payment obligation only arises through manual renewal or new booking; with traders, other models may be agreed.
(1a) Domain services: For domains, § 4a and Annex E take precedence. The reactivation periods under para. (2) do not apply; the rules of the registry, registrar, and reselling partner are decisive.
(2) After the end of the term, the service may be temporarily deactivated. Reactivation is possible as follows:
- a) up to and including day 3 after the end of the term: reactivation by manual payment of the renewal invoice or by support request, free of charge, subject to technical availability;
- b) from day 4 onwards: no entitlement to restoration or reactivation; later restoration is provided only on a discretionary basis, where possible, and may be charged by effort.
(3) Data retention, backups, deletion, restoration, and export rights after the end of the contract are governed by § 9 and the service description.
(4) The Provider may remind you by email of manual renewal before the end of the term and will indicate impending deactivation and possible deletion in the customer area and, where technically possible, by email. You remain responsible for timely renewal and external data backup.
(5) Refund upon early termination:
- a) In the case of voluntary deactivation, non-use, or non-renewal before the end of the term, no pro-rata refund is granted unless required by law or by Provider responsibility;
- b) in the case of a serious breach of duty for which you are responsible, the Provider may offset outstanding claims, necessary expenses, and demonstrable damages against credit balances or advance payments;
- c) in the case of extraordinary termination for good cause attributable to the Provider or upon exercise of a right of extraordinary termination due to changes in price, T&Cs, or services, prepaid fees for the lapsed service period are refunded on a pro-rata basis; mandatory consumer law remains unaffected.
§ 6b Price changes
(1) Price changes are permissible for valid factual reasons, in particular in the event of demonstrable changes in operating, procurement, upstream service, bandwidth, IP, license, tax, or regulatory costs. They are made only to the extent of the cost change; cost reductions are taken into account. The reasons are presented in a comprehensible manner in the notice under para. (2).
(2) Price changes will be communicated to you in text form at least 6 weeks before they take effect. In the notice, the Provider will draw your attention separately to the planned adjustment, its scope, the date on which it takes effect, and the right of extraordinary termination under para. (3).
(3) If you are a consumer, you may terminate the contract within 6 weeks of receipt of the notice, in text form, effective on the date the price change takes effect (right of extraordinary termination). Tacit consent through inaction to a price increase is not assumed for consumers; otherwise § 17 applies accordingly.
(4) Price changes do not apply to prepaid terms already paid in full in advance, but apply at the earliest to the next renewal/new booking, unless otherwise agreed.
§ 7 Customer obligations, Acceptable Use Policy, and Fair Use
(1) You undertake not to use the services provided by the Provider for unlawful purposes and not to enable third parties to do so.
(2) Prohibited content and conduct includes, in particular:
- a) unlawful, criminal, youth-endangering, extremist, or sexualized content involving minors, as well as violations of personal rights, data protection, or intellectual property;
- b) spam, phishing, scam, open relays, malware, botnets, or command-and-control infrastructure;
- c) DDoS, unauthorized scans, brute force, credential stuffing, or attacks on third-party systems;
- d) public proxy, VPN, Tor exit, open DNS, NTP/UDP, or amplification services without express agreement;
- e) P2P/torrent, file hosting, mirror, download, card sharing, or circumvention services without express agreement;
- f) crypto mining, traffic generators, stressers/booters, atypical benchmark loads, or manipulation of clicks, traffic, advertising, or reviews;
- g) IP/ARP/NDP/MAC spoofing, third-party IPs, BGP without agreement, or interference with routing, security, integrity, or availability.
(3) You must adequately protect access credentials, API keys, tokens, and SSH keys. In the event of loss, theft, or misuse, you must inform the Provider without undue delay and block or rotate the affected credentials. You are responsible for actions taken via these accesses to the extent that you have enabled the use or neglected protection.
(4) You are responsible for external backups of your content and, in the case of servers with administrative access, for software maintenance, security updates, and closing exploitable vulnerabilities. If an unfixed vulnerability endangers third parties or the Provider's infrastructure, the Provider may suspend the service immediately. § 11 applies to third-party claims.
(5) The services are designed for typical use within the booked product. Unless the plan provides otherwise:
- a) Plan limits: traffic, bandwidth, storage, and RAM apply per plan; in the event of excess, the Provider may proportionately throttle, suspend, offer an upgrade, and terminate after setting a deadline.
- b) Shared vCPU: more than 70% average usage over 72 hours qualifies as sustained excessive use; bursts and dedicated resources are excluded. Throttling ends after returning below the threshold.
- c) Port 25: outbound mail sending is disabled by default; activation, limits, and re-blocking depend on abuse and security review.
(6) Measurements made by the Provider's systems are decisive; in cases of reasonable doubt, the relevant measurement data may be inspected to a reasonable extent and in a suitable form. In the event of fair-use violations, the Provider may respond proportionately, in particular by requiring optimization, offering upgrades, throttling, limiting, or temporarily disabling functions.
(7) Measures are generally announced; in the event of cost increases, suspected abuse, or security risks, the Provider may act immediately and inform you afterwards. Specific usage volumes, data rates, or unrestricted data traffic are owed only to the extent expressly assured by the plan, order, or individual agreement.
(8) High-risk use: Life- or safety-critical use (e.g. medicine, aviation, nuclear power, critical infrastructure, weapons control) is permitted only on the basis of an individual agreement in text form. In the event of breach, § 10 and § 11 apply.
§ 7a IP addresses, routing, and reputation
(1) IP addresses remain within the disposition of the Provider or its upstream suppliers. There is no entitlement to specific IPs, IP blocks, or permanent allocation; changes are possible for technical, security, or regulatory reasons.
(2) Specific geo-IP assignments, third-party database entries, routing policies, carriers, BGP/RPKI setups, or latencies to third-party networks are not owed. Support is provided only within reasonable technical limits.
(3) If an IP address assigned to you is added to spam, abuse, or comparable block lists (blacklisting) due to your conduct or content/services on your systems, you are obliged:
- a) to remedy the underlying cause without undue delay,
- b) to cooperate with delisting procedures upon the Provider's request,
- c) to provide the necessary information (e.g. for identifying the cause).
(4) In the case of repeated or serious incidents, the Provider may charge for necessary and proportionate delisting effort up to €23.80 gross per incident, to the extent the incident is attributable to you; lower effort or absence of causation may be proven.
(5) There is no entitlement to replacement of a self-caused listed IP; the Provider decides at its reasonable discretion. A market-standard replacement fee may apply.
(6) If you wish to announce your own IP ranges in the Provider's network (BGP, your own ASN, RPKI ROAs), the special provisions in Annex C.9 apply; there is no entitlement to provision.
§ 7b Reselling and provision to third parties
(1) Reselling the Provider's services to third parties (reselling) and providing them to end customers as part of your own offering is permitted only insofar as expressly provided in the booked plan or separately agreed with the Provider in text form.
(2) Where reselling is agreed, you are obliged to contractually impose on your end customers at least the obligations under § 7 (Acceptable Use Policy, Fair Use), § 13 (suspension, abuse, content moderation), as well as the relevant special terms in Annexes A–F, and to ensure their observance.
(3) You remain the sole contractual partner of the Provider. Breaches of duty by your end customers count as your own breach, to the extent that you have enabled the use and they fall within your sphere of responsibility; to that extent you indemnify the Provider in accordance with § 11.
(4) In justified cases — in particular abuse incidents, regulatory inquiries, or security events — the Provider is entitled to require from you the identity and contact details of your end customers, to the extent necessary for clarification and permissible under data protection law.
§ 8 Availability, maintenance, and disruptions
(1) Without a separate availability commitment or SLA, the Provider does not owe a percentage minimum availability, but the provision of the booked service to a technically and operationally reasonable extent. Maintenance, force majeure, and disruptions outside the Provider's sphere of influence are not taken into account; statutory warranty, reduction, and defect rights remain unaffected.
(2) Interruptions or impairments may arise in particular from maintenance work, security-related measures, disruptions to telecommunications and power networks, failures at upstream suppliers, upstream providers, or data centers, as well as events of force majeure.
(3) Planned maintenance is announced — where possible — via the Status Page and carried out during low-traffic times; Discord may be used additionally on a non-binding basis. In case of expected impact of more than 30 minutes or significant customer impact, the Provider will additionally inform you by email. Urgent security or infrastructure measures may take place at short notice or without prior notice.
§ 8a Service boundary for data transmission
(1) The Provider's performance obligation in data transmission is limited to data communication between the handover point operated by the Provider from its network to the internet and the hosting/server infrastructure provided to you.
(2) The Provider is not responsible for impairments, delays, or outages arising outside its sphere of influence (e.g. disruptions in telecommunications networks, peering/upstream providers, routing problems, third-party end devices/software).
(3) Successful worldwide forwarding of data to end users on the public internet is not owed.
§ 8b Force majeure
(1) Force majeure means unforeseeable, exceptional events outside the Provider's reasonable control, in particular natural disasters, pandemics, war, terror, cyberattacks against upstream suppliers or critical infrastructure, labor disputes, regulatory measures, power outages, internet outages, as well as routing/BGP incidents at upstream providers.
(2) To the extent that performance becomes impossible or unreasonable due to force majeure, performance obligations are suspended for the duration and scope of the impairment. Deadlines are extended accordingly; no damages are owed for delay to that extent.
(3) The Provider will inform you — to the extent reasonable — without undue delay in text form of the event, the expected duration, and countermeasures. If the impairment lasts more than 30 days, both parties may extraordinarily terminate the affected contract with 14 days' notice.
§ 9 Data backup and restoration
(1) You are yourself responsible for regular, suitable, and external data backups; the Provider's backup functions do not replace this obligation.
(2) The following applies to backups:
- a) Provider backups are voluntary backups for operational safety; there is no entitlement to creation, completeness, recoverability, or availability;
- b) customer backups in the Provider's system are owed only to the extent that the plan or service description provides for them;
- c) external customer backups must be kept by you yourself outside the Provider's infrastructure.
(3) Booked backup, restore, or data backup services remain unaffected by para. (2) and are governed by their service description. External self-backup remains an obligation unless expressly agreed otherwise.
(4) Upon request and in return for a fee of €11.90 gross per restore operation (for traders €10.00 net plus VAT), the Provider may carry out a restoration from Provider backups, where technically possible. § 4a applies to domains.
(5) Upon termination of the contract (in particular upon expiration of the prepaid period):
- a) customer backups in the Provider's system may be deactivated or lost;
- b) Provider backups may be retained for up to 3 days for reactivation pursuant to § 6a (2)(a);
- c) thereafter, customer data and Provider backups are deleted or scheduled for deletion; residual copies may temporarily remain due to retention, evidentiary, or security reasons.
(6) Data export: Before the end of the contract, you back up content and configurations yourself. Support may be provided against effort; after the reactivation window, there is generally no entitlement to restoration or release. For consumers, statutory rights under § 327p BGB remain unaffected.
§ 10 Liability
(1) The Provider is liable without limitation for intent and gross negligence as well as for injury to life, body, or health. The Provider is also liable without limitation under expressly assumed guarantees.
(2) In the event of slightly negligent breach of a material contractual obligation, liability is limited to the foreseeable damage typical for the contract. Material contractual obligations are those whose fulfillment is essential for the proper performance of the contract and on whose observance you may regularly rely.
(3) Otherwise, liability for damages caused by slight negligence is excluded to the extent permitted by law.
(4) In the case of slightly negligently caused data loss, liability is limited to the typical and foreseeable recovery effort that would have been incurred with regular, risk-appropriate, and external data backup. This does not apply in cases of intent, gross negligence, injury to life, body, or health, breach of material contractual obligations, mandatory statutory liability, or where the Provider has expressly undertaken a specific backup, restore, or data backup service as a main or additional service owed; in such cases, paras. (1) and (2) apply.
(5) The above liability provisions also apply to the personal liability of the Provider's legal representatives, employees, and vicarious agents.
(6) Liability under the Product Liability Act and other mandatory statutory liability provisions remains unaffected.
§ 11 Indemnification
(1) You shall indemnify the Provider against all third-party claims arising from unlawful use of the services by you or with your consent, including claims resulting from content provided by you, to the extent that you are responsible for the infringement.
(2) You are obliged to reimburse the expenses necessary for legal defense, including reasonable attorneys' fees, to the extent that you are responsible for the claim being asserted.
(3) The Provider will inform you of third-party claims without undue delay and give you the opportunity to comment, unless legal reasons preclude this. In the event of a third-party claim, you will provide the Provider without undue delay with all information necessary for defense. The Provider will coordinate acknowledgments or settlements to the customer's detriment with you, where reasonable and unless legal, procedural, or security-related reasons preclude this.
§ 12 Customer content
(1) You alone are responsible for the content you store, publish, or transmit when using the services.
(2) The Provider has no general duty to monitor. The Provider is entitled to block or remove content if there are concrete indications of legal infringements or if a regulatory or judicial order so requires.
(3) § 11 applies accordingly to third-party claims arising from your content.
§ 13 Suspension, abuse process, and content moderation
(1) The Provider may suspend, isolate, or deactivate services, content, or accounts if there are concrete indications of unlawful content, security risks, breaches of § 7, or regulatory or judicial orders. To the extent reasonable, the Provider will inform you and give you an opportunity to comment or remedy; in case of imminent danger or conflicting requirements, the Provider may act immediately.
(2) The Provider does not generally monitor third-party information (Art. 8 DSA). Its responsibility is governed by Art. 6 DSA; platform obligations apply only to the extent that a particular service legally qualifies as an online platform.
(3) Measures may include, in particular, throttling, isolation, null routing, port/protocol blocks, removal of content or configurations, account suspension, or termination. They may be carried out automatically or manually; review is possible via abuse@informaten.com, where provided for by law.
(4) If a permanent suspension is based on good cause, in particular serious or repeated violation of § 7 or ongoing endangerment, the Provider may extraordinarily terminate. Excluded users are prohibited from re-registering.
(5) Customer content is not systematically analyzed. In cases of suspicion, the Provider may analyze operational, connection, and security data to the extent permitted by law; communication content only on the basis of a legal basis or order. Details are set out in the Privacy Policy.
(6) Notice and action procedure (Art. 16 DSA): Allegedly unlawful content can be reported via https://informaten.com/de/dsa or abuse@informaten.com. Where electronic contact details are provided, the Provider acknowledges receipt, processes notices in a timely, diligent, and objective manner, and informs in accordance with the law about decisions, remedies, and automated procedures. The notice should contain:
- a) a sufficiently substantiated explanation of why the content is alleged to be unlawful;
- b) a clear indication of the electronic location of the content (e.g. URL);
- c) name and email address, except for notices concerning offenses under Articles 3 to 7 of Directive 2011/93/EU;
- d) a statement that the reporting person or entity is acting in good faith and is convinced that the information provided is accurate and complete.
(7) Statement of reasons for measures (Art. 17 DSA): Where required by law, you will receive, in the case of suspension, removal, restriction, or account suspension, a statement of reasons including the type, scope, duration, facts, legal basis/T&C clause, automation note, and remedies; statutory, security, investigative, and confidentiality grounds remain reserved.
(8) If serious criminal offenses involving danger to life or safety of persons are suspected, the Provider will inform the competent authorities to the extent required by law (Art. 18 DSA). Regulatory requests and TCO removal orders are reviewed, documented, and processed on a clear legal basis.
(9) Regulatory points of contact (DSA and TCO Regulation):
- a) Point of contact for authorities (Art. 11 DSA): abuse@informaten.com
- b) Point of contact for recipients (Art. 12 DSA): mail@informaten.com as well as our contact form
- c) Point of contact for removal orders (Art. 15 Regulation (EU) 2021/784): abuse@informaten.com
- d) Communication languages for DSA/TCO notices: German and English.
(10) The authoritative contract language remains German (§ 2 (5)). Measures under § 13 are documented; where required by law, the Provider will publish an annual machine-readable transparency report.
§ 14 Support
(1) The Provider provides support contact options in text form (in particular support tickets and email). You may direct general inquiries at any time via our contact form or by email to mail@informaten.com. There is no entitlement to telephone support or a hotline.
(2) The Provider endeavors to handle support inquiries promptly and carefully. However, no fixed response or resolution times are assured unless expressly agreed.
(3) Reports of disruptions should be as precise as possible. The Provider is entitled to ask follow-up questions and to request necessary information. Inquiries may be prioritized by urgency; security, abuse, and infrastructure incidents take precedence over general support inquiries.
(4) Service Level Agreements (SLA) for traders: By separate agreement in text form, traders may conclude individual Service Level Agreements with the Provider on minimum availability, response and recovery times, escalation paths, and any service credits. SLAs apply exclusively to traders and only within the scope of the respective separate agreement concluded.
(5) Chargeable special services: Services outside standard support may be charged according to the price list or by effort, in particular fault clearance, abuse cleanup, data recovery, special migration, remote hands, and delisting. Regulatory, legal, or abuse-related special expenses may only be billed to the extent that they are caused by a breach of duty for which you are responsible, unlawful use, or insufficient cooperation, are necessary, and are reasonably documented. Statutorily free cooperation remains unaffected.
§ 15 Data protection
(1) Information on the processing of personal data is set out in our Privacy Policy, permanently available at https://informaten.com/de/privacy.
(2) If you process personal data as a controller and the Provider acts as a processor, the parties shall conclude a Data Processing Agreement (DPA) pursuant to Art. 28 GDPR; your status as consumer or trader is irrelevant for this purpose. The standard DPA can be concluded electronically in the customer area. Sub-processors and TOMs are available at https://informaten.com/legal/dpa.
(3) The Provider will inform controllers of intended changes to sub-processors within a reasonable period before they take effect; controllers have the right to object to the change in text form for an important data protection reason.
(4) In the event of a justified objection under para. (3), the parties shall endeavor to find a reasonable solution. If continued performance is not possible without the changed sub-processor, or only with disproportionate effort, both parties may extraordinarily terminate the affected service with reasonable notice; prepaid fees will be refunded on a pro-rata basis. § 17 remains unaffected.
§ 16 Right of withdrawal (for consumers)
(1) If you are a consumer, you have a statutory right of withdrawal. The applicable deadlines, formal requirements, consequences, exceptions, and conditions for the lapse of the right of withdrawal arise from the relevant product-specific withdrawal instructions as well as from statutory provisions (in particular §§ 312g, 355, 356, 357, 357a BGB).
(2) You may declare withdrawal via the online withdrawal form provided on the withdrawal instructions page, by email to mail@informaten.com, or by means of an unambiguous statement sent by post to the address given in the Imprint. The Provider will confirm receipt of an electronically submitted withdrawal declaration to you on a durable medium without undue delay (§ 356 (1) sentence 2 BGB).
(3) Commencement before expiration of the withdrawal period: If the Provider commences performance at your request before the withdrawal period expires, you must expressly consent during the order process and confirm that you are aware of the consequences for the right of withdrawal. You will receive these declarations on a durable medium. Lapse and compensation for value are governed by law and the product-specific withdrawal instructions.
(4) Electronic withdrawal function (from 19/06/2026): Where required by law, the Provider will provide consumers with an electronic withdrawal function for contracts concluded online via an online user interface during the running withdrawal period. Other legally permissible withdrawal channels (email, post, unambiguous statement) remain unaffected.
§ 17 Changes to these T&Cs
(1) The Provider may adjust these T&Cs with regard to provisions that do not concern the relationship of performance and consideration, to the extent that there is a factual reason for doing so and the change is reasonable for you. Factual reasons are in particular changes in legislation or case law, technical adjustments, and security requirements.
(2) Changes will be communicated to you in text form at least 4 weeks before they take effect. In the notice, the Provider will draw your attention separately to the planned changes, the deadline, and the legal consequence of inaction.
(3) Consumers: Changes only become effective for you with your express consent; deemed consent does not apply. Purely editorial changes, changes that are legally advantageous, or changes that are mandatorily required by law or by authorities without recognizable disadvantage take effect after notice in accordance with para. (2). Price changes are made only in accordance with § 6b.
(3a) Traders: Changes under para. (1) are deemed accepted unless you object in text form within 4 weeks of receipt. This does not apply to performance/consideration or central main performance obligations; for these, express consent is also required in the B2B relationship. Price changes are made only in accordance with § 6b.
(4) In the event of your objection, the Provider may terminate the contract with reasonable notice as of the date the change takes effect, where it is unreasonable for the Provider to continue without the change. Statutory rights remain unaffected.
§ 18 Final provisions
(1) The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this applies only to the extent that mandatory consumer protection provisions of the country of your habitual residence are not thereby withdrawn.
(2) If you are a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with this contract is the Provider's registered office. The Provider is also entitled to bring proceedings at your general place of jurisdiction.
(3) You may transfer rights and obligations under this contract to third parties only with the Provider's prior consent in text form. Mandatory statutory rights remain unaffected.
(4) Should individual provisions of these T&Cs be or become invalid in whole or in part, the validity of the remaining provisions remains unaffected. The statutory provision shall replace the invalid provision.
(5) The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board pursuant to § 36 VSBG (German Consumer Dispute Resolution Act).
§ 18a Sanctions and export control
(1) You warrant that you are not listed on any applicable sanctions lists (in particular EU, Federal Republic of Germany, OFAC, UN Security Council) and do not act on behalf of sanctioned persons, organizations, or entities, to the extent that the relevant provisions are applicable to the Provider, you, or the service.
(2) Use of the services in or for sanctioned or embargoed countries, territories, persons, organizations, or entities is prohibited to the extent that applicable sanctions, embargo, or export control regulations would be violated.
(3) If there are concrete indications of violations of applicable sanctions, embargo, or export control regulations, the Provider may or must suspend services immediately or terminate for good cause. § 13 applies in addition; the Provider is not liable in damages for measures required by law.
Annex A – VPS, Rootservers, and dedicated servers
A.1 Scope of services
(1) The Provider makes virtual (VPS) or dedicated servers (Dedicated Servers) available to you. The specific scope of services (CPU, RAM, storage, traffic, bandwidth, number of IPs) results from the plan description in the order process.
(2) The Provider uses standard hypervisor technologies for virtualization (in particular Proxmox VE, based on KVM/QEMU). There is no entitlement to a specific hypervisor technology.
(3) The Provider provides system resources; operating system, applications, security, updates, configuration, and content are your responsibility (§ 7 (4)).
A.2 IP addresses
(1) IP addresses are assigned in accordance with the plan. There is no entitlement to specific addresses, blocks, or quantities (§ 7a).
(2) Reverse DNS entries can be set on request and within technical possibilities, to the extent that statutory or registry requirements do not preclude this.
(3) The Provider reserves the right to change IPs at any time for technical, security-related, or regulatory reasons and to inform you of this — to the extent reasonable.
A.3 DDoS protection and network security
(1) DDoS protection is provided within technical possibilities; stated capacities are infrastructure values, not a guaranteed individual protection level.
(2) In case of DDoS, abuse, or network disruptions, the Provider may filter, throttle, redirect, or block, to the extent necessary for hazard prevention, network stability, or cost control.
(3) In case of unreasonable or repeated endangerment, the Provider may block IPs, isolate services, or terminate for good cause; to the extent reasonable, after considering less drastic means and after hearing you.
A.4 Snapshots and backups
(1) Where provided in the plan, you may create, manage, and restore snapshots/backups of your server in the customer panel. The provisions of § 9 of these T&Cs apply.
(2) Snapshots do not replace the obligation to perform external data backups under § 7 (4) and § 9 (1).
A.5 Cooperation in abuse and security incidents
(1) In abuse or security incidents, you must cooperate, in particular by
- a) remediating compromised systems without undue delay,
- b) closing identified security vulnerabilities,
- c) providing the necessary information for clarification,
- d) complying with the Provider's cooperation orders within a reasonable period.
(2) In the absence of cooperation, the Provider may suspend and set a deadline; in case of acute endangerment, also immediately.
A.6 Dedicated rental servers (Provider hardware)
(1) For dedicated rental servers, hardware interventions without coordination are prohibited. Attributable damage caused by such interventions will be charged.
(2) Hardware defects are remedied within technical possibilities and during business hours. There is no entitlement to a specific response or recovery time unless expressly agreed otherwise.
(3) For hardware brought in by the customer (colocation, housing, own hardware), Annex C applies exclusively.
A.7 Operating systems, licenses, and images
(1) Operating system images, pre-installations, and panels may change for technical, license-related, or security-related reasons; there is no entitlement to a specific image.
(2) License costs for third-party software are only included if the plan expressly states so; otherwise they are charged separately when obtained through the Provider and disclosed before booking.
(3) You are responsible for the licensing of your software and for manufacturer terms; for Provider-issued licenses, the respective end-user terms apply in addition.
(4) Images, templates, or pre-installations may be removed or blocked for security, license, or maintenance reasons; re-provisioning is not owed.
(5) Test, evaluation, or trial licenses serve only for testing. Changes or blocks by licensors may be passed on by the Provider; § 6b, § 10, § 11, and § 17 remain applicable.
A.8 Traffic limitation (Fair Use)
(1) These traffic thresholds specify § 7 (5)(a) for VPS, Rootservers, and dedicated servers. Inbound + outbound per product, as measured by the Provider, is decisive.
(2) Location-dependent monthly thresholds (rolling 30 days):
- a) Maincubes: up to 8 TB per rolling 30 days per server;
- b) Firstcolo: up to 15 TB per rolling 30 days per server.
(3) 72-hour threshold: Independent of location, an additional limit of 3 TB of data traffic per rolling 72 hours per server applies.
(4) Throttling: In case of excess, throttling is applied to 10 Mbit/s (inbound + outbound); case-by-case review on a substantiated request.
- a) 72-hour threshold: at least 3 hours cooldown, ending after falling below 3 TB;
- b) 30-day threshold: at least 3 days cooldown, ending after falling below the location limit;
- c) if there are multiple throttlings, the later release time applies.
(5) Upgrade and special agreements: Chargeable traffic upgrades or larger plans may be agreed in text form. The Provider may, in return for an additional fee, allow the immediate lifting of an active throttling; there is no entitlement to this.
(6) No account cap: The thresholds apply per product, not across the account.
(7) Measurement: The Provider's systems are decisive; advance warnings at 80% are voluntary.
Annex B – Web hosting and email
B.1 Scope of services
(1) Web hosting comprises web space, databases, and integrated email functions in accordance with the plan description.
(2) Management is carried out via Plesk. Where technically or license-wise necessary, the Provider may replace or update the panel and will inform you in good time in text form.
(3) Software versions may be updated, deprecated, or replaced for security or maintenance reasons.
B.2 Email function
(1) Email accounts offer storage, webmail, IMAP/POP3, and SMTP in accordance with the plan description.
(2) Incoming emails are automatically checked for spam and viruses; complete or error-free detection is not guaranteed.
(3) The Provider is entitled to adjust or extend the filter and security mechanisms in use at any time.
(4) Confidentiality of communications: The Provider observes § 3 TDDDG (German Telecommunications Digital Services Data Protection Act). Manual access to email content takes place only on a legal basis, by order, with consent, or for concrete hazard prevention to the extent permitted.
B.3 Sending rules and abuse prevention
(1) Mail sending: Web hosting sending is performed authenticated via SMTP submission (587/STARTTLS or 465/SMTPS) and is subject to product- and usage-specific limits. On server and colocation products, outbound port 25 is disabled by default (see § 7 (5)(c)); activation is granted only on request and after review.
(2) Variable sending limits apply even after activation; in case of excessive sending, the Provider may suspend, throttle, or limit.
(3) In case of conspicuous sending behaviour, in particular
- a) a sharp increase in outbound messages,
- b) complaints about spam,
- c) appearance of your content on spam block lists,
- d) suspicion of a compromised account,
the Provider is entitled to suspend mail sending immediately and to inform you afterwards. § 7a (IP reputation) applies in addition.
(4) No delivery guarantee: The Provider does not owe inbox delivery or external mail reputation; you are responsible for authentication records, content, and sending patterns.
B.4 Content-related restrictions
Prohibited in particular:
- a) operating open mail relays or comparable sending infrastructures;
- b) sending unsolicited commercial bulk emails (spam);
- c) phishing, scam, or identity theft attempts;
- d) messages that, in content or structure, distribute or link to malware.
B.5 Storage space and consumption rules
(1) The storage space of your web hosting (including email accounts) is set in the plan (hard limit). In the event of excess, the Provider may restrict write access until you have freed up storage space or booked an upgrade.
(2) Databases, mailboxes, and files may be subject to size restrictions described in the plan.
Annex C – Colocation, housing, and remote hands
C.1 Scope of services
(1) Colocation/housing and remote hands are offered only to traders unless agreed otherwise.
(2) The Provider provides rack space, power, cooling, and connectivity in accordance with the plan; your hardware remains your property.
(3) Scope, limits, and additional services result from the plan description or individual contract.
(4) The Provider may change the data center location for a factual reason and will, as a rule, give 8 weeks' prior notice. In case of unreasonableness, you have a right of extraordinary termination; standard transport initiated by the Provider is borne by the Provider, special services are charged.
C.2 Brought-in hardware and responsibility
(1) You alone are responsible for your hardware, in particular for
- a) electrical safety, conformity, cabling, and labeling,
- b) heat development, firmware, updates, and configuration,
- c) insurance cover (C.6).
(2) For damage to your hardware, the Provider is liable in accordance with § 10; for damage caused by your hardware, you are liable to the extent that you are responsible for it.
(3) In case of acute endangerment, the Provider may switch off, disconnect, or relocate hardware and inform you afterwards.
C.3 Power supply
(1) Power consumption is included as a flat rate per booked rack unit (RU) or per booked rack. The respective maximum permissible power consumption results from the plan description.
(2) In case of permanent or repeated excess, the Provider may throttle, switch off, or require a suitable plan.
(3) In case of impending power overload, the Provider may temporarily prioritise or switch off devices.
(4) Measurement: Provider or data center data is decisive; short-term startup peaks are disregarded to the extent they do not endanger operational safety.
C.4 Access and security requirements
(1) Access is granted in accordance with data center rules; prior notification, identity verification, or escort may be required.
(2) Bringing in devices, tools, or substances that may pose a security risk (e.g. flammable liquids, non-certified electrical devices) is not permitted.
(3) In the event of breaches of access or security requirements, the Provider may restrict or refuse access.
C.5 Remote hands and additional services
(1) Remote hands are performed on request, subject to capacity and your specifications.
(2) Billing is in accordance with the current price table unless agreed otherwise.
(3) Response times are assured only by express agreement.
C.6 Insurance obligation and ownership
(1) You must insure hardware and data appropriately against typical risks.
(2) For damage to hardware brought in by you, the Provider is liable exclusively in accordance with the general liability rules in § 10 of these T&Cs; § 11 applies in addition.
(3) Brought-in hardware remains your property. The Provider does not acquire ownership of your hardware or your data.
C.7 Lien and right of retention
(1) To secure due claims, you grant the Provider a permissible contractual lien on your own hardware. In the case of third-party ownership, leasing, or retention of title, you must inform; § 273 BGB applies in addition.
C.8 Termination, removal, and collection
(1) After termination, you must collect your hardware within a reasonable period, at the latest within 14 days, or have it removed at your expense.
(2) If the deadline is missed, the Provider may, after a further 14-day deadline, store at your expense and realise after notice; consumer rights under §§ 1233 ff. BGB remain unaffected. Data is appropriately protected, proceeds are offset against costs and claims, and any surplus is paid out.
C.9 Cross connects, BGP, and own IP ranges
(1) Cross connects to other providers represented in the data center may be provided on request, by effort, where technically possible.
(2) Own IP ranges via BGP are possible only by individual agreement; prerequisites include, in particular, entitlement to use, suitable registry/LIR status, and routing security standards such as RPKI.
Annex D – Game servers and voice servers
D.1 Scope of services
(1) Game servers, voice servers, supported applications, and feature scope result from the plan description. Support for individual applications may be changed or discontinued for a factual reason; in case of significant impairment, a right of extraordinary termination applies.
(2) Content, worlds, plugins, modpacks, and configurations are your responsibility.
D.2 Game license terms and EULA
(1) You must comply with the license and usage terms of the respective manufacturers; operation contrary to the EULA is prohibited.
(2) The Provider is not responsible for changes, blocks, or restrictions by manufacturers.
(3) On well-founded indications of license or EULA breaches, the Provider may suspend the affected server.
D.3 Mods, plugins, modpacks, and user-generated content
(1) You install and manage mods, plugins, and modpacks at your own responsibility.
(2) For damage caused by your additional content, § 10 and § 11 apply.
D.4 Content responsibility and player conduct
(1) You are responsible for the content published on your server and for the conduct of players on your server.
(2) For unlawful content, § 13 and § 11 apply; you must take suitable moderation measures.
D.5 Age ratings, youth protection, and indexed content
(1) You are responsible for youth protection and age ratings, in particular for
- a) the age ratings of USK / the PEGI system or comparable classifications,
- b) the German Interstate Treaty on the Protection of Minors in the Media (JMStV) and the Youth Protection Act (JuSchG),
- c) restrictions on indexed, confiscated, or distribution-restricted media.
(2) You implement the necessary age verification yourself; the Provider does not check players.
(3) Indexed, confiscated, or distribution-restricted content is prohibited to the extent that its public offering is forbidden. On well-founded indications, the Provider may suspend in accordance with § 13; § 11 applies in addition.
D.6 Availability and performance
(1) Slot recommendations, performance figures, and configurations are reference values; actual performance depends on your use.
(2) The Provider does not owe a specific tickrate, latency, or game performance. The general provisions in § 8 (availability) apply in addition.
D.7 Termination and data migration
(1) Upon termination, § 6a and § 9 apply; migrations are your responsibility.
Annex E – Domains
E.1 Applicability and intermediary status
(1) Where you obtain domain services from the Provider, the provisions of § 4 and § 4a of the T&Cs apply in addition, as do the allocation guidelines and general terms and conditions of the respective allocation bodies (registries) and of the registrars or reselling partners engaged by the Provider.
(2) Domain services are provided via reselling partners; the Provider has only limited influence on their availability, continued existence, and conditions.
(3) You are the domain holder; the Provider and its partners do not acquire any rights of their own.
(4) After order and payment confirmation, the domain service generally begins automatically. For consumers, § 16 and the product-specific withdrawal instructions apply.
E.2 Domain holdership and data
(1) You are the holder of the domain and alone responsible for the accuracy and currency of the domain holder data (in particular Whois/RDAP data).
(2) You are obliged to inform the Provider without undue delay of changes to the data required for domain registration.
(3) In the event of breach, domains may be suspended or deleted by the registry or registrar; the Provider is not responsible for this.
E.3 AuthCode, provider change
(1) Upon request, the Provider will make the AuthInfo/AuthCode available for a provider change within the deadlines and requirements of the respective registry. Any transfer lock is set by default and is removed upon request.
E.4 Domain reactivation and redemption
(1) Redemption/restore is governed by TLD, registry, and registrar rules and the respective applicable fees, plus Provider effort.
(2) On non-renewal, a domain may, depending on the rules, be deactivated, suspended, placed in redemption/transit, deleted, or released; restoration is not owed unless the Provider is responsible for the non-renewal.
E.5 Disputes over domains
(1) Disputes over entitlement to a domain (e.g. trademark conflicts) are settled between the respective parties involved. The Provider is not obliged to mediate.
(2) In the case of preliminary injunctions, judicial orders, or DISPUTE entries by the allocation body, the Provider will implement the necessary measures.
Annex F – Managed Services
F.1 Scope
(1) Managed Services are offered exclusively to traders unless expressly agreed otherwise in individual cases.
(2) This Annex applies only to a Managed Service that has been expressly booked or agreed in text form. Without such booking, services are unmanaged; operating system, applications, configuration, updates, and security are your responsibility (§ 7 (4)).
(3) The specific Managed Service scope results from the booked service description, in particular administration tasks, update/patch cycles, monitoring, response times, escalation, covered software, and exclusions. Product-specific provisions take precedence (§ 3 (7)).
F.2 Cooperation obligations
(1) You shall provide the necessary access, information, and cooperation in good time, in particular administrative access, application and license information, maintenance windows, and contact persons for critical decisions.
(2) Unauthorized interventions in managed components may cause the agreed scope of services to lapse in whole or in part, to the extent that this no longer allows proper service delivery.
F.3 Reference to detailed provisions
(1) Details on the respective Managed Service product result from the service description accessible before conclusion of the contract; it is part of the contract.