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LEGAL

Legal Notice Data Privacy System Policies Dedicated Server Cloud and vServer
Managed Server Webhosting Storage Box Terms and Conditions Withdrawal Form
Allocating Terms
The following Terms and Conditions apply to all orders based on relevance and
scope and in the order of precedence listed below:
 * Contractual orders in accordance with service descriptions
 * Special Terms and Conditions for Hetzner Online GmbH Customers in the United
   States of America (only applicable for customers located in the USA),
   https://www.hetzner.com/legal/terms-and-conditions#special-terms
 * Terms and conditions for the allocation of domains
 * System policies for providers and data center services
 * Privacy policy
 * Cancellation policy


TERMS AND CONDITIONS

1. GENERAL - SCOPE OF APPLICATION

1.1 The following Terms and Conditions apply to all business relationships
between the Customer and Hetzner Online GmbH, also hereinafter referred to as
"us/we". These Terms and Conditions are an integral part of all contracts with
the Customer. These Terms and Conditions also apply to future services and
offers, even if the Customer does not separately agree upon them again.

1.2. The terms and conditions of our customers or third parties are not
applicable and are not part of the contract, even if we do not separately object
to their application in individual cases.

1.3 We expressly reserve the right to make changes to our Terms and Conditions,
System Policies and prices by giving the Customer prior notification via their
customer account or using the email address the Customer enters in their contact
information.

1.4. The conditions and policies listed in the preamble apply in the order of
precedence listed above.

1.5. Our employees and third parties commissioned by them are not authorized to
make verbal agreements or to provide any verbal guarantees or commitments to the
Customer.

1.6. If domains are the subject of this contract, the corresponding terms and
conditions also apply, which are available at
https://www.hetzner.com/legal/allocating-terms

2. CONCLUSION, DURATION AND TERMINATION OF THE CONTRACT

2.1. The contract is concluded when the Customer submits their order and we
accept their order in accordance to the provisions of point 2.4 of these Terms
and Conditions.

2.2. Our offers are subject to change and are non-binding. We reserve the right
to make technical and other changes within the scope of what is reasonable.

2.3. The Customer declares that the data they provided on their customer account
are correct and complete and shall notify us of any changes in this regard in
writing within no more than 14 days. The Customer is required to provide
evidence of the correctness of the data upon request.

2.4. The Customer enters into a binding contract by placing the order and by
accepting these Terms and Conditions. We are entitled to accept or reject the
contract in the Customer’s order within a period of 5 work days after we receive
the order. By merely confirming that we have received the Customer’s order, we
are not bound to accept their order and the contract it contains.

2.5. Contracts are concluded for an unlimited time period unless otherwise
agreed.

2.6. The contract may be terminated by either party with 30 days' notice to the
end of the month, without specifying any reasons. Differing periods of notice
may apply to the Customers depending on the description of relevant services.
Notice of termination may be given in text form by letter, fax, email or via the
Customer’s account on our secure customer interface.

2.7. Furthermore, we reserve the right to terminate the contractual relationship
without notice for good cause. Such good cause is deemed to exist, among other
reasons, if the Customer fails to meet its payment obligations or violates other
important customer obligations. A further important reason which may result in
us locking or terminating the Customer’s services or account without notice is
if the Customer uses content that impairs the regular operating behavior or the
security of our infrastructure or our product, or violates paragraphs 8.1. -
8.3. of these Terms and Conditions.

2.8. If the Customer intends to transfer their contractual rights and
obligations to a third party, then our consent is required for this purpose. The
Customer must make their transfer request in writing. We are obligated to verify
the legitimacy of the transferor and the identity of the third party.

3. SCOPE OF SERVICES

3.1. The scope of the contractual service is based on the product description
that is valid at the time of the Customer’s order and the written agreements
resulting from it. We reserve the right, after prior notice, to discontinue
services we offer free of charge or to introduce fees for these services.

3.2. If the subject of the contractual relationship is the registration of
domain names, we only are obligated to arrange the desired domain registration.
We do not accept liability for or provide any warranty that the domain
registration authorities will actually allocate the domain name that the
Customer requests in their order. The Customer is only entitled to assume they
will actually be allocated the domain name once we have confirmed the
allocation. We have no influence on the domain allocation.

3.3. We undertake to make economically reasonable efforts to achieve an annual
average network availability of 99.9% at our data centers.

3.4. Restrictions apply as described under
https://www.hetzner.com/legal/system-policies.

3.5. If the service includes the allocation of an IP address, we do not perform
a blacklist check of this IP address and the Customer has no claim to a specific
IP address. We reserve the right to change the Customer’s allocated IP address
when necessary with prior written notice.

3.6. If we offer technical support services that go beyond the service
description, then we invoice these separately.

4. PAYMENT CONDITIONS AND LATE PAYMENTS

4.1. We will invoice the Customer for any contractually binding services using
the updated prices visible on www.hetzner.com, plus the statutory value added
tax. If the service is for shipped goods, the price includes postage and
packaging from the specified storage location.

4.2. Depending on the contractual agreement, we process monthly, quarterly or
annual invoices using the agreed means of payment. The Customer is obligated to
comply with the terms and conditions of the payment service they use to pay
their invoice.

4.3. If we permit the Customer to make a late payment, we maintain the right,
even without a reminder, to charge interest for the late payment beginning on
the due date. The amount is determined in accordance with paragraph § 288 of the
German Civil Code (BGB).

4.4. The Customer is obligated to pay all fees and taxes incurred by using the
service or by the third parties designated by the Customer. Billing is free of
charge exclusively in electronic form. There are corresponding fees for postal
delivery.

4.5. The Customer is obligated to comply with any applicable export and import
control regulation, in particular the US regulations as well as all other
relevant regulations.

5. ADMINISTRATOR RIGHTS AND DUTIES / DATA SECURITY

5.1. The Customer has full and sole administrator rights for all root and cloud
server service products. The Customer is responsible for managing and securing
these products at their own expense and risk.

5.2. The Customer, by using our services, is obligated to set up and manage
their servers in such a way that does not compromise the integrity and
availability of the networks, servers and data of third parties. In particular,
it is strictly forbidden to use the servers for (d)DOS attacks or to run open
mail relays or other systems that are capable of performing these actions. If
the Customer violates this agreement, we reserve the right - without prior
notice - to lock the server and terminate the contract without notice.

5.3. For the managed server products and services, we grant the Customer only
basic usage rights. We monitor these servers 24 hours a day for service
disruptions and provide customer support free of charge for simple services. For
more extensive services lasting 15 minutes or more, we charge a flat service fee
that is subject to prior agreement with the Customer.

5.4. The Customer is obligated to use the services provided appropriately and to
refrain from abusive and illegal actions.

5.5. The Customer is responsible for making regular backups (backup copies) of
their data; the backups should be stored outside the server provided by us. If
data is transmitted to us on the Customer’s servers, the Customer is obligated
to make regular backup copies of the data. The customer is obligated to perform
a complete data backup prior to any change they make on their own behalf or on
the behalf of a third party. If there is nonetheless a loss of data, the
Customer is obligated to transfer the relevant data files to us again free of
charge or to restore the data themselves.

6. DATA PROTECTION

6.1. Data processing is performed in accordance with GDPR. Please refer to our
privacy policy for more information, which is available under
https://www.hetzner.com/legal/privacy-policy

6.2. If the Customer also wishes to process personal data of third parties with
our services, the Customer alone remains the responsible party in the sense of
data protection law. We only process personal data as a processor of orders
pursuant to Art. 28 GDPR if the Customer concludes a contract for processing
orders with us. This contract for processing orders is not concluded
automatically. We can offer the Customer the opportunity to conclude a contract
for processing orders via the Customer’s account, if necessary, which is
supplemented by EU standard contractual clauses, if the Customer orders products
that are located in a third country.

6.3. We hereby warn the Customer that we are generally unable to determine
whether the Customer is processing personal data. The Customer is therefore
obligated to provide us with the necessary information, in particular whether
personal data of third parties are processed, for what purpose these data are
processed and which categories the personal data and the data subjects are to be
assigned. In the absence of a contract for order processing with the necessary
information from the Customer, we assume that the Customer is not processing
third party personal data using our services, so we will not take any measures
in accordance with data protection law.

6.4. We hereby warn the Customer that, given the current state of technology,
there is still no all-embracing form of protection for data transmission on the
internet. The Customer is responsible for the safety and security of all data
they store on any of their products.

7. USE BY THIRD PARTIES

7.1. The Customer is entitled to grant third parties a contractual term of use
to any services the Customer orders from Hetzner. In this case, the Customer
nevertheless remains the sole contractual partner. The Customer continues to be
solely and fully liable for compliance with the contractual agreements between
us and the Customer.

7.2. If the Customer transfers user rights to their Hetzner services to a third
party, the Customer is obligated at the time of transfer to ensure that all
legal and contractual provisions are followed. This is true for any changes that
require the cooperation of the third party.

7.3. If the third party violates the contractual obligations or does not comply
with the obligation to cooperate, if the data provided by the third party is
incorrect or incomplete, or if other problems arise with the granting of user
rights to third parties, the Customer assumes full liability for all resulting
damages and, in addition, indemnifies us from all claims made against us by the
third party or others.

8. USE OF THE SERVICES / CONTENT

8.1. The Customer is obligated to check and comply with the legal provisions
arising from the use of the contractually agreed services, in particular the
Telecommunications Act, the Telemedia Act, as well as national and international
industrial and intellectual property rights, personal rights, and the
requirements of competition and data protection laws on their own. The Customer
indemnifies us against all claims of third parties arising from infringements of
these obligations.

8.2. The Customer is obligated not to publish any content that infringes on the
rights of third parties or otherwise violates applicable law. This includes in
particular, but is not limited to, pornographic or obscene material, extremist
content or content that offends common decency, gambling, material that could
seriously endanger the morals of children or young people or violate the rights
of third parties (copyrights, name rights, trademark rights and data protection
rights). This also includes the publication of defamatory content, insults or
disparagement of persons or groups of persons.

8.3. The transmission of spam mail is prohibited. This includes in particular
the sending of unauthorized, unsolicited advertising to third parties. When
sending emails, it is also prohibited to provide false sender data or to
disguise the identity of the sender in any other way. The operation of
applications for mining cryptocurrencies remains prohibited. These include, but
are not limited to, mining, farming and plotting of cryptocurrencies. We are
entitled to lock the Customer’s access to their Hetzner services or account in
the event of non-compliance.

8.4. If we become aware of illegal activities, we are obligated under § 10
Telemedia Act (TMG) to request that the Customer immediately removes the
offending content and we are entitled to lock the Customer’s access to their
Hetzner services or account.

9. LIABILITY

9.1. The Customer uses Hetzner services at their own risk. We are liable for
indirect damages in the case of intent or gross negligence, but not for loss of
profit. We are liable for culpable infringements that are not due to gross
negligence or intent for the foreseeable damage typical for this type of
contract, up to a maximum of 100 % of the price for the Customer's monthly
product rental.

9.2. If the Customer violates the content obligations mentioned in Section 8 of
these Terms and Conditions, in particular regarding legal prohibitions and
decency violations, the Customer is liable to us for compensation for all direct
or indirect damages arising from this, including financial losses. Furthermore,
the Customer is obligated to indemnify us against claims by third parties -
irrespective of the legal basis - resulting from the Customer or their
designated third parties. The indemnification obligation also includes all
incurred legal defense costs.

10. WARRANTY

If the service consists of goods delivered via post, a limitation period of 12
months after delivery applies to claims for defects. If the service consists of
the delivery of used goods, we are not liable for any defects. The statutory
limitation period also applies to claims for damages in the event of willful and
gross negligence as well as in the event of injury to life, limb and health that
are the result of an intentional or negligent breach of obligation by the user.

11. RIGHT OF LIEN

The Customer grants us a lien on equipment installed by the Customer or by third
parties in the data center to protect any outstanding debts arising from the
contractual relationship. We are entitled to enforce the lien after informing
the customer of their outstanding debts if the Customer does not settle all
outstanding debts within 10 work days after receiving the notification of sale.
Any surpluses generated by the sale are paid out to the Customer.

12. CANCELLATION POLICY

12.1. The Customer has the right to cancel this contract within fourteen days
after the conclusion of the contract without providing any reasons. To exercise
their right to cancel this contract, the Customer is required to notify us,
Hetzner Online GmbH, Industriestr. 25, 91710 Gunzenhausen, tel.: +49 9831505-0,
fax: +49 9831 505-3, email: info@hetzner.com by means of a clear declaration
(e.g. a letter sent by post, fax, email or via the Customer’s account on our
secure online administration interface) of the Customer’s decision to cancel
this contract. The Customer is free to use the cancellation template for this
purpose, although it is not mandatory. To meet the cancellation requirements, it
is sufficient for the Customer to send a clearly worded notification that they
wish to exercise their right of cancellation before the cancellation deadline.

12.2. Cancellation procedure If the Customer cancels this contract, we will
immediately or at the latest fourteen days from the date of our receiving the
notice of cancellation of this contract, refund all payments we have received
from the Customer including delivery charges (with the exception of additional
charges arising from the Customer choosing a type of delivery other than our
standard low-cost standard delivery). This refund will use the same means of
payment that the Customer used in the original transaction, unless we mutually
agree otherwise. Under no circumstances is the Customer charged any fees for
this refund.

If the cancelled item is a service that has already begun at the time of
cancellation, we will invoice the Customer for the corresponding pro rata
amount.

12.3. Our cancellation form is available at:
https://www.hetzner.com/legal/withdrawal/

13. DISPUTE RESOLUTION PROCEDURE

The EU Commission provides a platform for out-of-court online dispute resolution
(ODR platform), which is available at https://ec.europa.eu/consumers/odr. We are
neither willing nor obligated to participate in a dispute resolution procedure
before a consumer arbitration board.

14. FINAL PROVISIONS AND SEVERABILITY CLAUSE

14.1. These Terms and Conditions and the contractual relationship between us and
the Customer are governed by the laws of the Federal Republic of Germany,
excluding the UN Convention on Contracts for the International Sale of Goods and
international private law.

14.2. The international and exclusive place of jurisdiction for all disputes
arising from this contractual relationship is our registered office in
Gunzenhausen. We are, however, entitled in all cases to initiate legal
proceedings at the Customer's place of business. Superordinate statutory
provisions, in particular, on exclusive jurisdiction, remain unaffected.

14.3. If any provision is or becomes invalid or unenforceable in whole or in
part, this has no effect on the validity of the remaining provisions. The same
applies if and to the extent that an omission be revealed in this contract. In
place of the invalid or unenforceable provision, an appropriate provision will
apply which, as far as legally possible, corresponds to the sense and purpose of
the invalid or unenforceable provision or to the presumed intention of the
parties, just as if they had considered this point.

Version 2.0.0 / Last updated 27 October 2021

Print Terms and Conditions here.


SPECIAL TERMS AND CONDITIONS FOR HETZNER ONLINE GMBH SERVICES IN THE UNITED
STATES OF AMERICA (ONLY APPLICABLE TO ALL CUSTOMERS LOCATED IN THE UNITED STATES
OF AMERICA)

1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND
OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY
TO YOU IN ADDITION TO THE TERMS AND CONDITIONS OF HETZNER ONLINE GMBH. PLEASE
READ IT CAREFULLY. BY PLACING AN ORDER FOR SERVICES FROM HETZNER ONLINE GMBH IN
THE UNITED STATES OF AMERICA, YOU ACCEPT AND ARE BOUND BY THESE SPECIAL TERMS
AND CONDITIONS. YOU MAY NOT ORDER OR OBTAIN SERVICES FROM HETZNER ONLINE GMBH IF
YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE UNDER 18 YEARS OF AGE OR (I) ARE
UNDER THE LEGAL AGE TO FORM A BINDING CONTRACT WITH HETZNER ONLINE GMBH OR (C)
ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S
CONTENT OR SERVICES BY APPLICABLE LAW. SHOULD ANY OF THESE SPECIAL TERMS AND
CONDITIONS CONTRADICT THE TERMS IN THE PRESENT TERMS AND CONDITIONS, THESE
SPECIAL TERMS AND CONDITIONS TAKE PRECEDENCE AND ARE APPLICABLE OVER ANY OTHER
TERMS AND CONDITIONS OF HETZNER ONLINE GMBH.

These Special Terms and Conditions ("Terms") apply to the purchase and sale of
services (“our Services”) via HETZNER.COM (the "Site") in the United States of
America (the “USA”) in addition to the general TERMS AND CONDITIONS. See
https://www.hetzner.com/legal/terms-and-conditions/.

These Terms are subject to change by Hetzner Online GmbH (referred to as "us",
"we", or "our" as the context may require) with prior written notice at any time
and at our sole discretion. The latest version of these Terms will be posted on
the Site, and you should review these Terms before purchasing any services that
are available through the Site.

Your continued use of the Site after a posted change in these Terms will
constitute your acceptance of and agreement to such changes. If you do not agree
to be bound by these Terms as last revised, do not use (or continue to use) the
Site or the Services.

In addition, we may terminate your use of the Services if you violate or breach
any of these Terms.

WE RESERVE THE RIGHT TO MODIFY, CHANGE, OR DISCONTINUE AT ANY TIME ANY ASPECT OF
THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, OUR PRICES AND FEES FOR
THE SITE AND SERVICES.

If you order or obtain services on behalf of a corporate entity, you represent
and warrant that you have the legal authority to bind such corporate entity to
the terms and conditions contained in this Agreement, in which case the terms
"you", "your", "User" or "Customer" shall refer to said corporate entity.

If, after your electronic acceptance of this Agreement, we find that you do not
have the legal authority to bind said corporate entity, you will be personally
responsible for the obligations contained in this Agreement, including, but not
limited to, the payment obligations.

We shall not be liable for any loss or damage resulting from our reliance on any
instruction, notice, document or communication reasonably believed by us to be
genuine and originating from an authorized representative of your corporate
entity. If there is reasonable doubt about the authenticity of any such
instruction, notice, document or communication, we reserve the right (but
undertake no duty) to require additional authentication from you.

You further agree to be bound by these Terms for transactions entered into by
you, anyone acting as your agent and anyone who uses your account or the
Services, whether or not authorized by you.

You should also carefully review our Privacy Policy before placing an order for
Services through the Site (see https://www.hetzner.com/legal/privacy-policy).

2. ORDER ACCEPTANCE AND CANCELLATION.

Our offers are subject to change. You agree that your order is a legally binding
contract and that you accept these Terms regarding all Services listed on your
order. All orders must be accepted by us or we will not be obligated to provide
Services to you. We may, at our sole discretion, choose not to accept any
orders. After having received your order, we will send you an immediate
confirmation email confirming the receipt of your order. The confirmation email
is not an acceptance of the order and is not contractually binding. We are
entitled to accept the order within five (5) work days after we have received
your order. When we accept your order, we will send an email with your order
number and the details of the items you have ordered. We will not become legally
bound to process your order and be legally bound to the terms in this Agreement
until we have sent you your order acceptance email. We may choose to combine the
confirmation email and the order acceptance email in one email.

3. PRICES AND PAYMENT TERMS.

(a) We expressly reserve the right to make changes to prices by giving you prior
written notification via your customer account or using the email address you
enter in your contact information.

We are not responsible for pricing, typographical, or other errors in any of our
offers, and we reserve the right to cancel any orders arising from such errors.

(b) The terms of payment are within our sole discretion. Depending on the
contractual agreement, we process monthly, quarterly or annual invoices using
the agreed means of payment. The Customer is obligated to comply with the terms
and conditions of the payment service they use to pay their invoice.

You represent and warrant that
(i) the payment information you supply to us is true, correct, and complete,
(ii) you are duly authorized to use said payment method for the purchase,
(iii) you or your payment provider will honor charges you incur, and
(iv) you will pay charges you incur at the posted prices, including all
applicable taxes, if any.

4. PUBLISHED CONTENT.

We are not obligated to review your content. It is your responsibility to
identify the content as your own or as third-party content. You are not allowed
to publish content that may violate the rights of third parties or otherwise
violate the federal or any state law of the US. You are not allowed to publish
content that may violate the rights of individuals or groups of people, or that
insults or denigrates these people.

You are not allowed to publish any content that infringes upon the rights of
third parties or otherwise violates the law. This includes, in particular, but
is not limited to, pornographic or obscene material, extremist content or
content that offends common decency, gambling, and material that could seriously
endanger the morals of children or young people; this also includes the
publication of defamatory content, insults or disparagement of persons or groups
of persons. Furthermore, the operation of applications for mining
cryptocurrencies is prohibited. This includes, but is not limited to, mining,
farming and plotting of cryptocurrencies.

In the case of non-compliance, we are entitled to lock your access to the
Service and/or to your account.

5. THIRD-PARTY RIGHTS OF USE.

You are entitled to allow third parties to use the services we provide. You
remain our sole contractual partner and you are fully liable for any violations
of our general Terms and Conditions, the Special Terms and Conditions and all
contractual obligations that arise from the use of the third party that you have
granted access to the Service.

If you transfer user rights to your Hetzner Services to a third party, you are
obligated at the time of transfer to ensure that all legal and contractual
provisions are followed. This is true for any changes that require the
cooperation of the third party.

If other problems arise with you granting a third party user rights, you shall
be fully liable for all damages resulting therefrom, and you shall furthermore
indemnify us against all claims made against us by the third party or others.

6. BACKUPS AND DATA LOSS.

YOU ACKNOWLEDGE THAT YOU BEAR SOLE RESPONSIBILITY FOR THE ADEQUATE SECURITY,
PROTECTION, AND INTEGRITY OF YOUR CONTENT.

You are responsible for making regular backups (backup copies) of your data; the
backups should be stored outside the server provided by us. If data is
transmitted to us on your servers, you are obligated to make regular backup
copies of the data. You are obligated to perform a complete data backup prior to
any changes you make on your own behalf or on the behalf of a third party. If
there is nonetheless a loss of data, you are obligated to transfer the relevant
data files to us again free of charge or to restore the data yourself.

7. CONTRACT DURATION AND TERMINATION.

The contracts will continue and automatically renew themselves until terminated
by either party.

8. NO SPAM; LIQUIDATION DAMAGES.

(a) No Spam. We do not tolerate the transmission of spam. If we determine there
is a problem with spam, we will take the appropriate action to resolve the
situation.

We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited
Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile
sent to recipients as an advertisement or otherwise, without first obtaining
prior confirmed consent to receive these communications.

We will not allow our servers and services to be used for the purposes described
above. In order to use our products and services, you must not only abide by all
applicable laws and regulations, which include the CAN-SPAM Act of 2003 and the
Telephone Consumer Protection Act, but you must also abide by the above no spam
policy.

If we determine the account, products, or services in question are being used in
association with spam, we may suspend or cancel any account, website hosting,
domain registration, email boxes, or other applicable products or services. In
such event, and at our sole discretion, we may require you to respond by email
to us stating that you will cease to send spam and/or have spam sent on your
behalf. We encourage all customers and recipients of email generated from our
products and services to report suspected spam. Suspected abuse can be reported
by email to

abuse@hetzner.com or at https://abuse.hetzner.com.

(b) Service Termination for Spam Violations.

You agree that we may immediately terminate any account which we believe, at our
sole and absolute discretion, is transmitting or is otherwise connected with any
spam or other unsolicited bulk email.

9. INTELLECTUAL PROPERTY USE AND OWNERSHIP.

You acknowledge and agree that:

(a) You will comply with all terms and conditions of the specific license
agreement for any product or service you obtain through the Site, including, but
not limited to, all confidentiality obligations and restrictions on resale, use,
reverse engineering, copying, making, modifying, improving, sublicensing and
transfer of those licensed products and services.

(b) You will not cause, induce or permit others' noncompliance with the terms
and conditions of any of these product and service license agreements.

(c) We and our licensor(s) are and will remain the sole and exclusive owners of
all (intellectual property) rights in and to each product and service made
available on the Site and any related specifications, instructions,
documentation or other materials, including, but not limited to, all related
copyrights, patents, and trademarks and other intellectual property rights,
subject only to the limited license granted under the product's or service's
license agreement. You do not and will not have or acquire any ownership of
these intellectual property rights in or to the products or services made
available through the Site, or of any intellectual property rights relating to
those products or services.

10. PRIVACY.

Our Privacy Policy, https://www.hetzner.com/legal/privacy-policy/, governs the
processing of all personal data collected from you in connection with your
purchase of products or services through the Site. Your data is, and at all
times shall remain, your exclusive property. We will not use or disclose your
data except as materially required to perform our services or as required by
law.

If you wish to process personal data of third parties using our services, you
remain the sole responsible party in terms of data protection law.

11. ASSIGNMENT.

You will not assign any of your rights or delegate any of your obligations under
these Terms and other contractual rights and obligations without our prior
written consent. Any purported assignment or delegation in violation of section
5 of this Agreement is null and void. No assignment or delegation relieves you
of any of your obligations under these Terms. A valid assignment and delegation
needs to include the signature of the assignee/assignor and delegatee/delegator.

12. NO WAIVERS.

The failure by us to enforce any right or provision of these Terms will not
constitute a waiver of future enforcement of that right or provision. The waiver
of any right or provision will be effective only if in writing and signed by a
duly authorized representative of us.

13. NO THIRD-PARTY BENEFICIARIES / NO EXTRA-CONTRACTUAL RELATIONSHIPS.

These Terms do not and are not intended to confer any rights or remedies upon
any person other than you. The parties shall be deemed as independent
contractors and nothing in these Special Terms and Conditions is intended to or
does create any type of joint venture, creditor – debtor, escrow, partnership,
or any employer / employee or fiduciary or franchise relationship between you
and us (or any of our affiliates).

14. NOTICES.

(a) To You. We may provide any notice to you under these Terms by:
(i) sending a message to the email address you provide or
(ii) by posting notices on the Site.
Notices we send by email will be effective when we send the email, and notices
we provide by posting them on the Site will be effective upon posting. It is
your responsibility to keep your email address current. We assume no liability
or responsibility for your failure to receive an email notification if such
failure results from an inaccurate email address.

(b) To Us. To give us notice under these Terms, you must contact us as follows:
(i) by facsimile transmission to +49 (0)9831 505-3; or
(ii) by personal delivery, overnight courier or registered or certified mail to
Industriestr. 25, 91710 Gunzenhausen, Germany.
We may update our facsimile number or postal address by posting a notice on the
Site. Notices provided by personal delivery will be effective immediately.
Notices provided by facsimile transmission or overnight courier will be
effective one business day after they are sent. Notices provided by registered
or certified mail will be effective three business days after they are sent.

15. LINKS TO THIRD-PARTY WEBSITES.

The Site and our Services may contain links to third-party websites that are not
owned or controlled by us. We assume no responsibility for the content, terms
and conditions, privacy policies, or practices of any third-party websites. In
addition, we do not censor or edit the content of any third-party websites. By
using the Site or our Services, you expressly release us from any and all
liability arising from your use of any third-party website. Accordingly, we
encourage you to be aware of when you are leaving our Site or the Services found
at our Site and to review the terms and conditions, privacy policies, and other
governing documents of each other website that you may visit.

16. DISCLAIMER OF REPRESENTATION AND WARRANTIES.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND OUR
SERVICES SHALL BE AT YOUR OWN RISK AND THAT THE SITE AND OUR SERVICES ARE
PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. WE, OUR OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL
WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY
IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO
REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT
OF THE SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED
(VIA HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE SITE, AND/OR (III) OUR
SERVICES OR ANY SITES LINKED (VIA HYPERLINKS, BANNER ADVERTISING OR OTHERWISE)
TO THE SITE, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR THE SAME.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN
INFORMATION OR ADVICE PROVIDED BY US, OUR OFFICERS, DIRECTORS, EMPLOYEES, OR
AGENTS (INCLUDING WITHOUT LIMITATION OUR CALL CENTER OR CUSTOMER SERVICE
REPRESENTATIVES), AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR
FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THE SITE
OR OUR SERVICES, AND YOU SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE
FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION
OF THIS AGREEMENT OR YOUR USE OF THE SITE OR OUR SERVICES.

17. LIMITATION OF LIABILITY.

IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD
PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES
WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS,
OR CONTENT OF THE SITE; (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES
LINKED (VIA HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE SITE; (III) OUR
SERVICES OR ANY SITES LINKED (VIA HYPERLINKS, BANNER ADVERTISING OR OTHERWISE)
TO THE SITE; (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER,
(V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER; (VI) ANY UNAUTHORIZED ACCESS
TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION,
FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN; (VII) ANY
INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THE SITE OR ANY SITES LINKED
(VIA HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE SITE, (VIII) ANY
VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR
FROM THE SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR
OTHERWISE) TO THE SITE; (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY,
HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, IS PORNOGRAPHIC,
“X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE; AND/OR (X) ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SITE OR OUR SERVICES, WHETHER
BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND
WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL OUR
TOTAL AGGREGATE LIABILITY EXCEED 100% OF THE MONTHLY FEE OF THE SERVICE WE
PROVIDE TO YOU.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS
AGREEMENT OR YOUR USE OF THE SITE OR OUR SERVICES.

18. INDEMNIFICATION.

You agree to protect, defend, indemnify and hold harmless us and our officers,
directors, employees, agents, and third party service providers from and against
any and all claims, demands, costs, expenses, losses, liabilities and damages of
every kind and nature (including, without limitation, reasonable attorneys’
fees) imposed upon or incurred by us directly or indirectly arising from (i)
your use of and access to the Site or our Services; (ii) your violation of any
provision of these Terms or the policies or agreements which are incorporated
herein; and/or (iii) your violation of any third-party right, including without
limitation any intellectual property or other proprietary right. The
indemnification obligations under this section shall survive any termination or
expiration of these Terms or your use of the Site or our Services.

19. U.S. EXPORT LAWS.

The Services we provide in the USA are subject to the export laws, restrictions,
regulations and administrative acts of the United States Department of Commerce,
Department of Treasury Office of Foreign Assets Control (“OFAC”), State
Department, and other United States authorities (collectively, “U.S. Export
Laws”). You shall not use our Services to collect, store or transmit any
technical information or data that is controlled under U.S. Export Laws. You
shall not export or re-export, or allow the export or re-export of, our Services
in violation of any U.S. Export Laws. None of our Services may be downloaded or
otherwise exported or re-exported (i) into (or to a national or resident
thereof) any country with which the United States has embargoed trade; or (ii)
to anyone on the U.S. Treasury Department's list of Specially Designated
Nationals or the U.S. Commerce Department's Denied Persons List, or any other
denied parties lists under U.S. Export Laws. By using the Site and our Services,
you agree to the forego, represent and warrant that you are not a national or
resident of, located in, or under the control of, any restricted country; and
you are not on any denied parties list; and you agree to comply with all U.S.
Export Laws (including “anti-boycott”, “deemed export” and “deemed re-export”
regulations). If you access the Site or our Services from other countries or
jurisdictions, you do so on your own initiative and you are responsible for
compliance with the local laws of that jurisdiction, if and to the extent those
local laws are applicable and do not conflict with U.S. Export Laws. If such
laws conflict with U.S. Export Laws, you shall not access the Site or use our
Services. The obligations under this section shall survive any termination or
expiration of these Terms or your use of the Site our Services.

20. AVAILABILITY OF WEBSITE AND SERVICES.

Subject to these Terms and our other policies and procedures, we shall use
commercially reasonable efforts to attempt to provide the Site and our Services
on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge
and agree that from time to time the Site and our Services may be inaccessible
or inoperable for any reason including, but not limited to, equipment
malfunctions; periodic maintenance, repairs or replacements that we undertake
from time to time; or causes beyond our reasonable control or that are not
reasonably foreseeable including, but not limited to, interruption or failure of
telecommunication or digital transmission links, hostile network attacks,
network congestion or other failures. You acknowledge and agree that we have no
control over the availability of the Site or Services on a continuous or
uninterrupted basis, and that we assume no liability to you or any other party
with regard thereto.

21. FORCE MAJEURE.

We will not be liable or responsible to you, nor be deemed to have defaulted or
breached these Terms, for any failure or delay in our performance under these
Terms when and to the extent such failure or delay is caused by or results from
acts or circumstances beyond our reasonable control, including, without
limitation, acts of God, floods, fires, earthquakes, explosions, governmental
actions, wars, invasions or hostilities (whether war is declared or not),
terrorist threats or acts, riots or other civil unrest, national emergencies,
revolutions, insurrections, epidemics, lockouts, strikes or other labor disputes
(whether or not relating to our workforce), or restraints or delays affecting
carriers or inability or delays in obtaining supplies of adequate or suitable
materials, material defects, telecommunication breakdowns or power outages.

22. GOVERNING LAW AND JURISDICTION.

All matters arising out of or relating to these Terms and the contractual
relationship are governed by and construed in accordance with German law without
giving effect to any choice or conflict of law provision or rule that would
cause the application of the law of any jurisdiction – including international
jurisdiction - other than German law. Place of jurisdiction for all disputes
arising from the contractual relationship is our registered office in
Gunzenhausen, Germany. However, we are entitled in all cases to take legal
action at your place of business. Overriding statutory provisions, in
particular, exclusive jurisdiction, shall remain unaffected.

23. DISPUTE RESOLUTION AND BINDING ARBITRATION.

(a) IN THE EVENT THAT SECTION 22 IS NOT APPLICABLE BY LAW, THE FOLLOWING RULES
SHALL APPLY.

(b) YOU AND WE AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR
BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH
RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY
ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE,
WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER
PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS)
BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF
PRODUCTS OR SERVICES VIA THE SITE WILL BE RESOLVED EXCLUSIVELY AND CONCLUSIVELY
BY BINDING ARBITRATION.

(c) The arbitration will be administered by the American Arbitration Association
("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then
in effect, except as modified by this section of this Agreement. (The AAA Rules
are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal
Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to
arbitrability and/or enforceability of this arbitration provision, including any
unconscionability challenge or any other challenge that the arbitration
provision or the Agreement is void, voidable or otherwise invalid. The
arbitrator will be empowered to grant whatever relief would be available in
court under law or in equity. Any award of the arbitrator(s) will be final and
binding on each of the parties and may be entered as a judgment in any court of
competent jurisdiction.

(d) You agree to an arbitration on an individual basis. In any dispute, NEITHER
YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER
CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A
CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

The arbitral tribunal may not consolidate more than one person's claims and may
not otherwise preside over any form of a representative or class proceeding. The
arbitral tribunal has no power to consider the enforceability of this class
arbitration waiver, and any challenge to the class arbitration waiver may only
be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found to be unenforceable, the
unenforceable provision will be severed, and the remaining arbitration terms
will be enforced.

24. SEVERABILITY.

If any provision of these Terms is invalid, illegal, void or unenforceable, then
that provision will be deemed severed from these Terms and will not affect the
validity or enforceability of the remaining provisions of these Terms.

25. ENTIRE AGREEMENT.

These Terms, any license agreement relating to any product or service you obtain
on or via the Site, our System Policies, and any domain name registration
agreement you obtain on or via the Site will be deemed the final and integrated
Agreement between you and us on the matters contained in these Terms.

CONTACT INFORMATION
If you have any questions about this Agreement, please contact us by email or
regular mail at the following address:
Hetzner Online GmbH
Industriestr. 25
91710 Gunzenhausen
Germany

Tel.: +49 (0)9831 505-0
Fax: +49 (0)9831 505-3

E-Mail: info@hetzner.com

Print Special Terms and Conditions here.


+49 9831 505 0
support@hetzner.com

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HETZNER ONLINE

 * Company
 * Contact
 * Career
 * Our customers
 * Newsroom
 * Newsletter

PRODUCT

 * Dedicated server
 * Server auction
 * Colocation
 * Storage Boxes
 * Cloud
 * Custom Solutions

WEB HOSTING

 * Web hosting
 * Managed servers
 * Buy domains

SUPPORT

 * Support Center
 * Contact form
 * System status
 * Hetzner Docs
 * Downloads

LEGAL

 * Legal notice
 * Data privacy
 * System policies
 * Terms and conditions

 * Career at Hetzner
 * 

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