Seller's identity
Host-Unlimited is a brand of Bieber IT GmbH
Managing Director: Tim-Gerrit Bieber Register court: Amtsgericht Hildesheim Register number: HRB 207358 VAT ID: DE340893627
Braunschweiger Straße 22 38518 Gifhorn Lower Saxony, Germany
Phone: +49(0)53719689000 (No customer service at this number!) Email: kundendienst@host-unlimited.de
§ 1 Basic provisions
The following Terms and Conditions apply to all contracts concluded between you and us, Bieber IT GmbH, via the website www.host-unlimited.de. Unless explicitly agreed otherwise, the inclusion of your own conditions is hereby rejected.
Consumers within the meaning of these Terms and Conditions are any natural persons who enter into a legal transaction for purposes that are predominantly not related to their commercial or independent professional activity.
Entrepreneurs are any natural or legal persons, or legal entities, acting in the course of their independent professional or commercial activity when entering into a legal transaction.
1.1 Information on the Status of the Contract
The technical steps required to conclude the contract, the conclusion of the contract itself, and the possibilities for correcting input errors take place in accordance with §3 of these Terms and Conditions.
1.2 Language and Text of the Contract
The contract language is German. The full text of the contract is not stored by us. Before sending your order, the contract data can be printed or saved electronically using the printing function of your browser.
After we receive your order, the order details, legally required information for distance contracts, and these Terms and Conditions will be sent to you again by e-mail.
1.3 Codes of Conduct
We comply with the Buyer Seal Quality Criteria of the Händlerbund Management AG, which can be viewed at the following link:
Buyer Seal Quality Criteria (PDF)
§ 2 Scope
These Terms and Conditions are an integral part of the contract concluded between the customer and the provider through the provision of ISP products and services.
By using the access data for our online offerings, customers acknowledge these Terms and Conditions (or Terms of Use). Without such acknowledgment, the use of the provided online offerings and services is not permitted.
The provider will inform its customers of any changes to the Terms and Conditions via electronic mail.
§ 3 Agreement of the contract
Unless otherwise stated, the contract is concluded by registration in connection with at least one paid order on our website Host-Unlimited.de.
It is necessary to distinguish between contracts and prepaid products. If not explicitly stated in the offer, the product is not subject to a minimum contract term. In some cases, termination in accordance with §12 is even unnecessary.
Steps to accept the purchase contract / order process
- Select your product and configure the performance data according to your wishes. The price will be displayed in real time.
- Create a new customer account or log into an existing one.
- Make payment or pay with credits. HU credits can be purchased and used for payment (see also §8 point 7).
- Submit the order by clicking on "Order for a fee". You will then receive a final overview of the key order data and the total costs.
Requests to create an individual offer are non-binding. We will provide you with a non-binding offer in text form (e.g., by e-mail), which you can accept within 3 days.
The processing of the order and transmission of all information required for the conclusion of the contract is partly automated by e-mail. You must ensure that the e-mail address you provide is accurate, that receipt of e-mails is technically ensured, and that delivery is not blocked by SPAM filters.
§ 4 Choice of law, place of performance, place of jurisdiction
Applicable law:
German law applies. For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the consumer's country of residence is not withdrawn (principle of protection).
Place of performance and jurisdiction:
The place of performance for all services arising from the business relationship with us, as well as the place of jurisdiction, is our registered office, unless you are a consumer. This also applies if you are a merchant, a legal entity under public law, or a special fund under public law.
The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your place of residence or habitual residence is unknown at the time of legal action. The right to appeal to a different competent court remains unaffected.
UN Sales Law:
The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) do not apply.
§ 5 Right of retention
You can exercise a right of retention only to the extent that these are claims arising from the same contractual relationship.
§ 6 Legal liability for defects
There are legal liability for defects.
§ 7 Youth protection
The provider assumes no liability for violations of the minimum age requirements of the games or for the use of age-restricted games in any form.
We are unable to verify who uses the services operated by the customer, as usage is generally anonymous and customer data protection rights prohibit monitoring.
§ 8 Fighting the spread of terrorist content under the Digital Services Act and TCO Regulation
As a hosting provider, we undertake not to support or tolerate terrorist content. We expressly prohibit the dissemination, storage, or provision of content that promotes, initiates, or supports terrorist activities. This includes, among other things, content that is used to produce explosives, weapons, or to guide terrorist acts. We reserve the right to remove content or block access to it as soon as we become aware of its existence or it is reported to us. We cooperate closely with the competent authorities and provide relevant information regarding suspected terrorist activities.
Content providers whose content has been removed or blocked in accordance with paragraph 1 have the right to lodge a complaint against the removal or blocking and to request the restoration or unblocking of the content. Host-Unlimited.de will promptly review each complaint and restore or unblock the content if its removal or blocking was not justified.
§ 9 Offer-specific
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Essential characteristics of the service: The essential characteristics of the digital services offered are described in the respective product description and the additional information on our website.
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Prices and payment terms: All prices stated on the website are total prices including all taxes. No shipping costs apply because our services are provided digitally. For some products (e.g. dedicated servers), the additional provisioning effort may require a one-time setup fee, which is also stated in the offer on the website.
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Activation: All digital products and services, except domains and web hosting packages, are generally provisioned automatically immediately after payment is received. Domains and web hosting packages may take 1-7 working days to activate, depending on the validation required.
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Transaction fees: We generally cover transaction fees for our customers. If transaction fees are charged for particular payment methods, they are shown separately and are not included in the price. Transaction fees cannot be refunded because the payment service provider charges them directly to us.
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Copyright, trademark and competition law: All content (text, images, audio, video, etc.) on our platform is protected by copyright, trademark and competition law. Use of this content, except for purely personal purposes, is prohibited without express written permission.
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Customer service: Our customer service is generally available free of charge, particularly for advice before purchasing our products. Otherwise, free assistance is limited to resolving technical faults demonstrably caused by us. Assistance with the administration, configuration or individual setup of servers or software is not included in free customer service. Such services may be provided for a fee by prior agreement.
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Prohibition of unlawful content and actions: Posting or distributing unlawful, insulting, threatening, inciting, pornographic, gambling-promoting or otherwise legally prohibited content is forbidden. Unauthorized use of material protected by copyright, trademark or competition law is also prohibited.
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Prohibition of misuse: Using rented resources to impair third parties, commit crimes or compromise system stability is prohibited.
In particular, the following are prohibited: - Using rented computing power for cybercrime of any kind - DDoS or other cyberattacks - Port scans or network reconnaissance - Sending spam - Operating Tor exit nodes, relays or bridges, or comparable anonymous forwarding services - Sustained load, for example through cryptomining or stress tests - Sustained, disproportionately high resource usage
In the event of violations and justified abuse reports from third parties, Host-Unlimited.de reserves the right to take measures such as suspending or terminating the service.
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Abuse reports: Host-Unlimited.de forwards abuse reports concerning customers' servers to them. Reports are initially handled free of charge. In repeated cases, however, Host-Unlimited.de reserves the right to charge €20 including tax per case for review and communication. For urgent abuse reports and proven misuse, Host-Unlimited.de reserves the right to temporarily suspend services without first contacting the customer.
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Availability: Average annual availability is at least 99.25%. In exceptional cases, external or internal disruptions or maintenance work may affect the provision of services.
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Termination:
- Prepaid products: No notice of termination is required.
- Contract products: Timely termination in writing, by telephone or in person with proof of identity.
- Late payment:
- Prepaid: Late payment is not possible.
- Contract: In the event of late payment, a reminder is sent by email, followed by a postal reminder with a €3.50 reminder fee. Judicial payment order proceedings are initiated after a further deadline.
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Customer obligations: Providing correct personal data and keeping it up to date is mandatory for all services except game and voice servers. Violations may result in suspension of the rented services or termination of the contract.
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Special rules for dedicated servers: Overclocking, BIOS updates and other interventions in the hardware are prohibited. The customer will be charged for damage.
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Rights of the provider: If unlawful activity is suspected or there is a technical necessity, the provider may block content or perform maintenance work.
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Backups: Customers are responsible for backing up their own data. Creating backups is not part of the offer.
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Final provisions: The provider reserves the right to adapt the terms and conditions to technical and legal requirements. Resellers must pass on these conditions. If a clause is invalid, the validity of the remaining conditions remains unaffected.
Revocation
As consumers, they have the right to withdraw this contract within fourteen days without giving reasons.
The withdrawal period shall be 14 days from the date of conclusion of the contract. To exercise your right of withdrawal, you must:
Host-Unlimited.de Bieber IT GmbH Braunschweiger Straße 22 38518 Gifhorn GERMANY Email: widerruf@host-unlimited.de
by means of a clear statement (e.g. a letter sent by post, email, or use of our online form) of your decision to withdraw from this contract. You may use the enclosed sample withdrawal form (Download Withdrawal Form) or our (Online Withdrawal Form) for this purpose. However, neither is mandatory. You are free to choose how you wish to withdraw. To meet the withdrawal deadline, it is sufficient that you send the notification exercising your right of withdrawal before the withdrawal period has expired.
Revocation sequences If you revoke this contract, we will have to refund all payments we have received from you, including the delivery costs (with the exception of the additional costs arising from the fact that you have chosen a different type of delivery than the most favourable standard delivery offered by us) immediately and at the latest within fourteen days from the date on which the notification of your cancellation of this contract has been received with us. For this repayment, we use the same means of payment that you used in the original transaction, unless you have expressly agreed otherwise; in no case will you be charged charges for this repayment. If you have requested that the services begin during the revocation period, you must pay us an appropriate amount which corresponds to the amount of services already provided up to the time when you inform us of the exercise of the right of revocation with regard to this contract compared to the total amount of services provided in the contract.
Extermination of the right of withdrawal The right of withdrawal shall expire in the event of a contract for the provision of services if host-unlimited.de has rendered the service completely and has only begun the execution of the service after the consumer has given his express consent and at the same time has confirmed his knowledge that he loses his right of withdrawal in the event of complete fulfilment of the contract by the entrepreneur.
References to the Dispute Resolution Procedure
We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.