These Terms & Conditions apply to contracts concluded with us via cube-hosting.net. They also apply to services provided under AS47263, a subsidiary of Cube-Hosting.net.
(1) These terms apply to contracts concluded with us, the provider (Jesse Röhsler), via the website cube-hosting.net. Any deviating terms used by you shall not apply unless expressly agreed.
(2) A consumer is any natural person who concludes a legal transaction for purposes that predominantly are outside their trade, business, or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity acting in exercise of their trade or profession.
(1) We provide internet services, in particular web hosting and server hosting (“Web Hosting”). The scope of services follows from the plan you book and the description on the respective offer page. By publishing an offer on our website, we make a binding offer to conclude a contract under the stated conditions.
(2) Contracts are concluded via the online cart as follows: you configure the desired services and place them in the cart. In checkout, you enter personal and payment data; a booking overview is displayed. If you choose an instant payment method (e.g., PayPal / PayPal Express, Sofortüberweisung), you may be redirected to that provider. After completing the steps there (or returning to our shop), the booking overview is shown again. Before submitting, you can review and edit all entries or cancel. By submitting the booking, you accept our offer.
(3) Order processing and transmission of contractual information occur partially automated via email. You must ensure your email address is correct and that you can receive our emails (e.g., not blocked by spam filters).
(4) Due to legal requirements (German Anti-Money-Laundering Act, GwG) and certain payment providers’ terms, existing account credit balances cannot be paid out. Credit remains on the customer account without expiry.
(1) Our performance obligations derive from the service description for the respective offer. Activation and access data are provided within 2 days after contract conclusion (or after we receive your advance payment, if agreed).
(2) Where we grant you full and exclusive administrative rights to the provided servers, you are solely responsible for management and security. You must install necessary security software, track disclosed vulnerabilities, and remediate them independently. Our providing or recommending tools does not release you from this duty.
(3) Where software is provided, you receive a non-exclusive right to use it during the contract term and must comply with the corresponding license terms.
(4) You must operate your server so that the security, integrity, and availability of networks, third-party servers, software, and data are not endangered. In particular, you must not use the server for sending spam or conducting (D)DoS attacks; open relays or other systems that can be abused for spam/(D)DoS are prohibited. We may disconnect the server without prior notice and terminate for cause if violated.
(5) There is no entitlement to the same IP address for the entire term. We may change it for technical/legal reasons and assign a new IP address.
(6) We may adapt the hardware/software used to provide services to the state of the art and will inform you in good time about any additional requirements this may impose on your content. Adjustments will only be made within reasonable bounds and considering your interests.
(7) We provide our services with 99% monthly availability, unless otherwise stated in the offer. Downtime due to regular or ad-hoc maintenance is included. Excluded are outages outside our control (force majeure, third-party fault, etc.).
(1) You must immediately inform us of any changes to data required for contract fulfillment. Passwords and access data must be kept strictly confidential.
(2) Design your domain and content to avoid excessive server load (e.g., scripts requiring high CPU/RAM). We may restrict access to sites/servers that do not meet these requirements and will notify you without delay.
(3) You warrant that your domains/content comply with applicable law and do not infringe third-party rights (e.g., imprint/provider ID, copyright, trademark, personality rights, distance-selling, competition, criminal, data protection). We are not obliged to monitor your domains/content. Upon becoming aware of violations, we may block content/domains and will inform you. You indemnify us against claims arising from your breach, including necessary legal defense costs.
(4) Unless otherwise stated in the offer, you must create your own backups of all data uploaded to our servers. We are not responsible for backups. In case of data loss, you will re-upload the affected data sets free of charge.
(5) You must observe agreed data transfer limits (traffic). Unless otherwise agreed, 1 TB traffic applies and is subject to fair-use.
(1) The contract has an indefinite term. Payment is made in advance for your chosen billing period (prepaid). If no further prepayment is made by the end of a period, the contract ends automatically at that time; no additional notice is required.
(2) We may terminate with 14 days’ notice to the end of the current prepaid period in text form (e.g., email). Any advance payments for services not rendered will be refunded without delay.
(3) The right to terminate for cause remains unaffected. In particular, repeated breaches of your duties under these T&C entitle us to extraordinary termination; you are then liable for damages.
You may exercise a right of retention only with respect to claims arising from the same contractual relationship.
(1) German law applies. For consumers, this choice applies only insofar as it does not deprive you of the protection afforded by mandatory provisions of the law of your habitual residence.
(2) The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.
ODR platform of the European Commission: https://ec.europa.eu/odr
See “§ 2 Conclusion of Contract” above.
(3.1) Contract language is German.
(3.2) We do not store the full contract text. Before submitting your booking, you can print or save the data.
After we receive your booking, we will resend the booking data, legally required distance-selling information,
and these Terms by email.
See the respective offer page.
(5.1) Prices shown are total prices including applicable taxes.
(5.2) Payment methods (unless otherwise stated): PayPal, PayPal Express, paysafecard, bank transfer (prepayment).
(5.3) Unless otherwise stated, amounts are due immediately.
(5.4) With the contract confirmation and at the start of each billing period, you will receive an invoice via email.
Statutory warranty rights apply.
See “§ 8 Term & Termination” above and the respective offer page.