Terms and Conditions (AGB)

Last updated: Darkmatter IT, Massing

https://cp.mam-jahn.de/agb

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Contents 22

This is a courtesy translation. Only the German version is legally binding.

These Terms and Conditions apply to all contracts between Darkmatter IT (sole proprietorship), owner Marco Andreas Martin Jahn, Goethestr. 8, 84323 Massing, Germany, operating under the brand “MAM-JAHN” (hereinafter “Provider”, “we”) and the customer (hereinafter “Customer”, “you”). They are expressly incorporated during the ordering process: before submitting an order you must accept these Terms and Conditions by ticking a box; the full text is linked there and can be saved and printed at any time.

(1) The contracting party for all services offered via the website https://mam-jahn.de and the customer area is Darkmatter IT (sole proprietorship), owner Marco Andreas Martin Jahn, Goethestr. 8, 84323 Massing, Germany, operating under the brand “MAM-JAHN”, email support@mam-jahn.de, phone +49 1525 7859999, VAT ID DE365361601.

(2) These Terms and Conditions apply to all contracts for KVM servers (AMD EPYC 3rd Gen and AMD Ryzen 9), Storage Box, web hosting and the brokering of domains, and to all services connected with them. They also apply to root servers, virtual dedicated servers (VDS), dedicated servers, backup services, managed support and WireGuard VPN accesses, provided these have been booked, including under existing contracts.

(3) Deviating or supplementary terms of the customer do not become part of the contract unless the Provider expressly agrees to their application in text form.

(4) A consumer is any natural person who concludes a legal transaction for purposes that can be attributed neither predominantly to their commercial nor to their self-employed professional activity (§ 13 BGB). A business is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or self-employed professional activity when concluding a legal transaction (§ 14 BGB).

(5) Text form within the meaning of these Terms and Conditions is any legible declaration on a durable medium (§ 126b BGB), in particular email, support ticket or a declaration via the customer area.

(1) The Provider makes the ordered resources (CPU, memory, storage space, network connectivity, IP addresses and, where booked, VPN accesses) available to the customer for use. The type and scope of the service result from the service description of the respective plan on the website and the order summary at the time of the order.

(2) The handover point of the service is the network interface of the data center in which the Provider’s systems are operated. The customer is responsible for connecting to the internet and for configuring their own end devices.

(3) There is no entitlement to a specific physical server, a specific host system or a specific IP address, unless agreed otherwise. The Provider may move virtual systems to other host systems for technical or operational reasons if the agreed service is maintained in the process.

(4) For servers with full administrative access (root), the customer is solely responsible for the installation, configuration, securing and updating of the operating system and of the software they operate. In this respect the Provider owes only the provision and operation of the platform.

(5) The services are managed (ordering, restart, reinstallation, cancellation, invoices) via the customer area at https://mam-jahn.de.

(6) The Provider may have services provided wholly or partly by third parties (e.g. data center and network operators); it remains responsible to the customer for the service.

(7) Data traffic is included in the plan price unless the service description provides otherwise. If the service description names a threshold for data traffic (e.g. a volume within 24 hours), the Provider may temporarily limit the bandwidth of the affected service to the value named there if the threshold is exceeded. No additional charges arise as a result; the limitation ends as soon as usage falls below the threshold again.

(8) Web hosting is provided on shared systems. What is owed is the storage space named in the service description with a connection to the internet; computing power and memory are shared by all customers of the system.

(9) For products with shared vCores (CPU cores shared by several customers), if a service permanently generates high load and thereby impairs other customers, the Provider may, after giving the customer notice in text form, temporarily limit the CPU allocation of that service. The limitation ends as soon as the load is back at the level typical for the plan. No additional charges arise as a result.

(1) The presentation of the services on the website is not a binding offer but an invitation to the customer to submit an offer.

(2) The ordering process runs in the following steps: (a) selection of the plan and, where applicable, the additional options and the billing period; (b) registration of a customer account or sign-in; (c) selection of the payment method; (d) review of all details in the order summary – input errors can be corrected there at any time using the “Edit” buttons or the browser’s “Back” function; (e) confirmation of these Terms and Conditions and – for consumers – of the notice about the start of the service before the withdrawal period expires; (f) submission of the order via the “Order with obligation to pay” button. By submitting, the customer makes a binding offer.

(3) The contract is concluded when the Provider accepts the order by an order confirmation by email or provides the ordered service (activation and sending of the access data), whichever happens first. The automatic acknowledgement of receipt of the order is not yet an acceptance.

(4) The contract text (order data, Terms and Conditions, service description) is stored by the Provider and sent to the customer by email with the order confirmation. The customer can view their orders and invoices in the customer area at any time; the current Terms and Conditions can be accessed on the website. The contract language is German.

(5) The customer is obliged to provide truthful and complete information during registration and to keep it up to date. Orders are only permitted to persons with full legal capacity; minors need the consent of their legal representatives.

(6) The Provider may reject an order or make provisioning dependent on an identity or credit check, in particular where misuse is suspected, where information is obviously false or where there are open claims from earlier contracts.

(7) Until the service is provided, the customer can cancel an order free of charge at any time (by email to support@mam-jahn.de or via the customer area). Amounts already paid are refunded in full in that case. The statutory right of withdrawal for consumers (§ 15) remains unaffected.

(8) The Provider sends contract-related notices (confirmations, invoices, access data, maintenance and fault notices) by email to the stored address and in the customer area. Access data that has been sent must be changed immediately after receipt.

(1) Towards consumers, all prices stated on the website are total prices including statutory value added tax. Towards businesses, prices may additionally be shown net; value added tax is shown separately in the invoice. The reverse-charge procedure applies to businesses from other EU countries with a valid VAT ID. All prices are stated in euros.

(2) The remuneration consists of a one-time setup fee, where shown in the order summary, and the ongoing remuneration for the chosen term. The setup fee covers the provisioning of the product (creation, installation, configuration, assignment of addresses) and is fully earned upon activation. All services are paid in advance (prepaid); payment methods in which the Provider provides services in advance (such as purchase on account with a payment term or instalment payment) are not offered. A credit line is only granted to customers to whom the Provider assigns one separately (e.g. partners, business customers). Payment is made via our payment service provider (paragraph 12). A new service is provided as soon as payment has been received. Invoices are made available in the customer area and sent by email.

(3) For each renewal, the Provider makes the invoice available in good time before the start of the new term (for domains about 14 days before expiry) and reminds you beforehand by email. Existing balance is credited automatically. The Provider does not send dunning letters and does not charge default interest: if the invoice is not paid when the new term begins, the service is not renewed, the invoice is cancelled and § 5 para. 3 applies. No obligation to pay arises for the unpaid term.

(4) Objections to an invoice must be raised in text form within 8 weeks of receipt; failing to raise objections in time does not count as approval, but makes the review more difficult.

(5) The customer can top up a balance in their customer account. The balance is earmarked: it can only be used for services of the Provider, in particular for renewals and new orders, and is credited automatically to invoices. The balance does not expire. If the customer’s last running contract ends or the customer account is closed, the Provider pays out, on request, the unused balance that the customer paid in themselves, preferably by refund to the original payment at the payment service provider. Credits from promotions, from the partner programme and goodwill or correction credits are not paid out; they remain usable as balance. Statutory repayment claims, in particular after an effective withdrawal or if the Provider does not provide a paid service, remain unaffected.

(6) The customer may only set off undisputed claims or claims established by a final court decision. They can only assert a right of retention for claims arising from the same contractual relationship.

(7) The Provider may adjust the remuneration for running contracts at most once per calendar year if its costs for providing the service (in particular electricity, data center, network connectivity, licences, operating resources) have increased since the last price setting; the increase may not exceed the cost increase. If costs fall, the remuneration is reduced to the same extent. A change is communicated to the customer by email at least six weeks before it takes effect; it does not apply to a billing period that has already been paid. Until the change takes effect, the customer may terminate the contract extraordinarily with effect from that date; this right is expressly pointed out in the notice. Remuneration already paid for the time after termination is refunded.

(8) If a payment is charged back (chargeback) or a buyer protection procedure is decided in favour of the customer, the Provider may block the customer account and the services paid with this payment until the matter is clarified. A charged-back top-up is deducted from the balance; the balance can thus become negative and must be settled before further orders. If the customer is responsible for the chargeback, they bear the costs of the bank or payment service provider actually incurred by the Provider as a result.

(9) Pre-sale: If a product is marked as “pre-sale” with a provisioning date, the contract is concluded with the order, but the service is only provided from the stated date. The term and the first billing period begin with the actual provisioning; remuneration already paid is credited accordingly. Until provisioning, the customer can withdraw the order free of charge at any time; amounts already paid are refunded. If the date is postponed by more than 30 days, the customer can withdraw from the contract. The statutory right of withdrawal for consumers remains unaffected.

(10) KVM exchange: For services ordered via the KVM exchange, the price shown there is a fixed price. It also applies to all renewals of the same service and is not adjusted under paragraph 7. A switch to another plan is governed by that plan’s price. Exchange offers are limited; until the contract is concluded there is no entitlement to a specific offer.

(11) Partner programme: Commissions from the partner programme are credited exclusively as balance under paragraph 5. The amount, conditions and waiting period until crediting are shown in the customer area; the Provider may change them for future referrals. Your own orders and orders through further customer accounts of your own do not give rise to a commission.

(12) Payment processing: Payments are made exclusively via our payment service provider Mollie (Mollie B.V.) using the payment methods shown in the ordering process. If the customer activates automatic top-up, the payment method chosen for it is stored: Mollie stores the payment details; we store only a reference and a masked label (e.g. “Visa •••• 4242”). The customer can switch off automatic top-up and remove the stored payment method in the customer area at any time.

(13) Support pages: The customer can create a public support page in the customer area (pages under the path “/spenden/” on https://mam-jahn.de) through which third parties (supporters) can make a contribution to the customer account. A page is only activated after review by the Provider; the Provider may refuse or revoke activation, in particular for content that is illegal, misleading or violates the acceptable use policy. The customer as page owner is solely responsible for the content and information on the page. Contributions are only possible via the payment service provider (paragraph 12) using the online payment methods offered, not by direct debit or bank transfer, and amount to at least €2 and at most €500 per contribution. The amount is credited to the page owner as an earmarked balance that can only be used for services of the Provider; in derogation from paragraph 5 it is not paid out, not even when the contract ends or the customer account is closed. A contribution is not a donation for tax purposes; donation receipts are not issued. If a contribution is charged back, paragraph 8 applies accordingly to the page owner's balance.

(1) The term of a service corresponds to the period selected when ordering (for example one, three, six or twelve months) and is paid in advance. There is no minimum term beyond that.

(2) The service is renewed by the same term in each case if the invoice for the new term is paid by the time it begins, including by automatic crediting of balance (§ 4 para. 3).

(3) If the invoice is not paid when the new term begins, the contract ends when the paid term expires. Servers, web hosting and comparable services are then blocked and, after a further five days, irrevocably deleted together with all data and backups stored on them. If the customer pays the invoice within these five days, the Provider restores the service with the new term. This restoration is a voluntary offer; there is no entitlement to it or to the stated period, and the Provider may restrict it at any time without notice, shorten the period or discontinue the offer. § 12 para. 3 applies to domains.

(4) The customer can cancel any service at any time effective at the end of the paid term; no pro rata refund is made for the paid term. When the term expires, the service ends; § 11 applies to the data. Cancellation requires text form. It is possible (a) via the cancellation function in the customer area, (b) via the “Cancel contracts here” button (§ 312k BGB), which leads to the publicly accessible cancellation page https://mam-jahn.de/kuendigen, or (c) by email to support@mam-jahn.de. The Provider confirms receipt of the cancellation without undue delay in text form, stating the date and time of receipt and the time at which the contract ends. The cancellation should show who is making it and which contract is meant; details such as the customer number or the email address stored in the customer account are helpful for matching but not required. If there are justified doubts about the identity of the person making the declaration, the Provider may ask follow-up questions; for the deadline, receipt of the cancellation remains decisive.

(5) The Provider can cancel a service with one month’s notice effective at the end of a paid term. The cancellation is declared by email to the stored address; a term that has already been paid remains unaffected.

(6) A switch to a higher-value plan (upgrade) is possible at any time; the remuneration of the previous plan that was paid in advance and has not yet been used up is credited on a daily basis. A switch to a smaller plan is possible at the end of the paid term.

(7) The customer can have their customer account closed as soon as no service is running and no claims are outstanding; any balance is handled under § 4 para. 5. The account data is anonymized 30 days after the end of the contract once no balance remains (i.e. it has been paid out or used up), unless a statutory retention obligation prevents this (see the privacy policy). After anonymization the account cannot be restored.

(8) Transition: For contracts concluded before 30 Oct 2026, § 4 paras. 2, 3, 5 and 8 and § 5 paras. 2 and 3 apply in this version, subject to § 16, from 12 Dec 2026; until then the previous rules on payment, dunning, blocking and balance apply. Minimum terms that have already been agreed lapse for all contracts as of 30 Oct 2026.

(1) The right of both sides to terminate extraordinarily for good cause (§ 314 BGB) remains unaffected. Good cause exists in particular if the customer, despite a warning with a reasonable deadline, again or persistently violates essential obligations under § 7.

(2) A warning is not required if it obviously promises no success or if immediate termination is justified after weighing the interests of both sides, in particular in the case of criminal content (§ 7 para. 2 lit. b), attacks on systems of third parties or of the Provider, sending of spam or malware, or a considerable endangerment of the infrastructure or of other customers.

(3) The Provider may temporarily block a service if this is necessary to avert an acute danger to the security or availability of its systems, other customers or third parties, or if it is obliged to do so by an authority, a court or on the basis of a substantiated notice of illegal content. The customer is informed of the block without undue delay, at the latest when it takes effect. The information states the type of measure, its scope and expected duration, the facts on which the decision is based (including whether it rests on a notice from a third party or an order from an authority), the legal basis or the rule of these Terms and Conditions that was infringed, and a reference to the options for complaint and dispute resolution (https://mam-jahn.de/dsa/). The customer is given an opportunity to comment. The block is lifted as soon as its reason no longer applies. Blocks are to be limited to the necessary extent.

(4) If the Provider terminates for good cause for which the customer is responsible, remuneration already paid in advance for the time after the end of the contract is refunded pro rata. The Provider may set off proven claims for damages, in particular costs of legal defence and third-party claims, against the refund claim. No flat-rate retention takes place.

(5) In the case of a block for which the customer is responsible, their obligation to pay remains for the duration of the block. For an unjustified block by the Provider, the Provider is liable under § 13.

(1) The customer is obliged to keep their access data secret, to use secure passwords and to inform the Provider without undue delay if they suspect that third parties have access to their customer account or their systems. The customer is liable for all actions taken under their access data, insofar as they are responsible for them. The same applies to API keys, shares with other users and share links that the customer creates: actions via these accesses are attributed to them, insofar as they are responsible for them. The Provider may block an API key, a share or a share link if misuse is to be feared, and informs the customer about it.

(2) The customer may use the services only within the framework of the law and these Terms and Conditions. In particular, the following are prohibited: (a) attacks on systems of third parties or of the Provider, in particular (D)DoS attacks, port scans and penetration tests of third-party systems without the owner’s written permission, exploiting security vulnerabilities and forging IP addresses, MAC addresses or sender details (spoofing); (b) storing, distributing or making available criminal content, in particular child and youth pornography and depictions of child sexual abuse, terrorist content, content inciting hatred or glorifying violence, and content that infringes the rights of third parties (copyright, trademark, personality rights); (c) sending spam or other unsolicited mass communication, and phishing; (d) operating malware, botnets and command-and-control servers, proxy or anonymization services for concealing unlawful acts, and Tor exit nodes (Tor relays and bridges without an exit function remain permitted, as does your own VPN or proxy for your own use); likewise open mail relays, open DNS resolvers and open proxies that can be misused by third parties; (e) mining cryptocurrencies and comparable methods (e.g. proof-of-space, plotting) on products with shared vCores and in web hosting; (f) content that violates the German Interstate Treaty on the Protection of Minors in the Media (JMStV), for example pornographic content without effective access restrictions for minors; (g) use that permanently exceeds the agreed resources or considerably impairs other customers, e.g. through sustained load far above what is typical for the plan (see also § 2 para. 9); (h) trading in or advertising illegal goods and services, in particular narcotics, weapons and counterfeit goods or documents, as well as money laundering and terrorist financing; (i) creating multiple customer accounts or giving false information in order to use promotional or free offers several times or to circumvent blocks.

(3) The customer is solely responsible for the content they store, distribute or make accessible via the services. They are obliged to fulfil the statutory obligations (in particular legal notice, data protection, protection of minors) for the offerings they operate themselves. The Provider is not obliged to monitor the customer’s content.

(4) The customer indemnifies the Provider against all third-party claims that are based on unlawful use of the services by the customer and for which the customer is responsible, including the reasonable costs of legal defence. The customer is obliged to support the Provider in defending against such claims. Indemnification does not apply insofar as the customer is not responsible for the infringement.

(5) The customer must update changes to their contact data, in particular the email address, in the customer area without undue delay. Declarations by the Provider are deemed received if they were sent to the most recently stored email address.

(6) The customer may allow third parties to use the services (e.g. for customer projects or in resale). They remain the Provider’s sole contracting party, pass the obligations under this § 7 on to the third parties and are liable for their violations in accordance with paragraph 4.

(7) The customer assures that neither they nor any organization they represent is on a sanctions list of the European Union, the United Nations or the Federal Republic of Germany, and that they do not use the services, or make them accessible to third parties, in violation of applicable sanctions, embargo or export control rules. If this changes, they inform the Provider without undue delay. In this case the Provider may block the services and terminate the contract extraordinarily, insofar as the rules require this.

(8) Acceptable use policy: The acceptable use policy at https://mam-jahn.de/nutzungsrichtlinie/ specifies the obligations under this § 7 and forms part of the contract. In the event of contradictions, these Terms and Conditions prevail.

(9) Terrorist content: Terrorist content within the meaning of Regulation (EU) 2021/784 must not be stored or made accessible. The Provider removes such content or disables access to it without undue delay, in the case of a removal order at the latest within one hour of receipt, may block the customer account and terminate the contract without notice, and informs the affected customer about the measure unless an authority has prohibited this. Details are at https://mam-jahn.de/terroristische-inhalte/.

(1) The Provider does not owe availability of a specific percentage. The values named in the service description and in the Service Level Agreement (SLA, https://mam-jahn.de/sla/) are target values by which the Provider aligns its operation; they are not a promise and do not give rise to any entitlement to credits. In the event of longer faults the Provider may grant a credit voluntarily in individual cases; there is no entitlement to it. The customer’s statutory rights in respect of defects remain unaffected. Details on measurement, maintenance and response times are governed by the SLA.

(2) The following do not count as downtime: (a) announced maintenance windows – these are announced at least 24 hours in advance by email or in the customer area, are preferably carried out between 01:00 and 06:00 and do not exceed 8 hours in total per calendar month; (b) times in which the service is unreachable because of circumstances outside the Provider’s sphere of influence that it could not have averted even with reasonable care, in particular force majeure, failures of upstream providers (power, network connectivity, data center) and attacks by third parties that could not be repelled despite protective measures appropriate to the state of the art; (c) failures for which the customer is responsible, in particular through software installed by them or misconfigurations.

(3) Emergency maintenance to fix acute security vulnerabilities may be carried out without advance notice; the customer is informed as early as possible. These also do not count as downtime only if they could not be postponed.

(4) The Provider may adapt the hardware and software used to the state of the art. Restrictions of the agreed service are only permissible under the conditions of § 10.

(1) Unless a backup service has been booked, the customer is responsible for regularly backing up their data themselves. The Provider recommends storing backups on a system independent of the server.

(2) If a paid backup service has been booked, including under an existing contract (e.g. snapshots or backup via Proxmox Backup Server), the Provider owes the creation and retention of the backups in accordance with the service description (frequency, number, retention period) and the possibility of restoring them. The service is not agreed “without warranty”; the Provider is liable for defects of the backup service under § 13.

(3) In the case of data loss for which the Provider is liable under § 13, the claim for compensation is limited to the effort that would have been required for restoration if the customer had backed up their data properly and regularly. This limitation does not apply if the customer has booked a backup service from the Provider and the loss is due to a defect in it.

(1) For consumers, §§ 327 et seq. BGB additionally apply to the provision of digital services (hosting, VPN).

(2) The Provider may only change the service owed under the contract if there is a valid reason, in particular adaptation to a new technical environment, a change in the legal situation, an increase in the number of users or security requirements, and no additional costs arise for the customer as a result. The customer is informed of a change in a clear and comprehensible manner (§ 327r BGB).

(3) If a change affects the customer’s ability to access or use the service by more than a minor degree, the customer is informed by email at least six weeks before the change; they can then terminate the contract free of charge within 30 days of receipt of the information or from the time of the change, whichever is later. Remuneration already paid for the time after termination is refunded.

(4) Pure improvements, security updates and extensions of functionality without disadvantage to the customer remain unaffected by paragraph 3.

(5) If the service is defective, the customer is entitled to the statutory rights in case of defects, for consumers under §§ 327d et seq. BGB (supplementary performance, termination, price reduction, damages). The customer is expected to report faults as specifically as possible via the support system so that they can be fixed promptly.

(1) Until the end of the contract, the customer can export all data stored on the service themselves (e.g. via SSH, SFTP, snapshot download or backup export). The Provider supports this on request to a reasonable extent.

(2) If the contract ends by cancellation, the service and the customer’s data stored on it are kept for 14 days after the end of the contract (grace period); if it ends for lack of payment, § 5 para. 3 applies instead. Within this period the customer can request reactivation or – against reimbursement of the reasonable effort – handover of the data in a common machine-readable format. After the period expires, the data including backups is irrevocably deleted, unless statutory retention obligations prevent this.

(3) For consumers, the rights under § 327p BGB remain unaffected: on request, the Provider makes available to the consumer, free of charge, without hindrance, within a reasonable period and in a common machine-readable format, the content provided or created by them, unless it was generated exclusively in connection with the use or could not be separated without disproportionate effort.

(4) Invoices and the contract data required for bookkeeping are retained in accordance with the statutory periods (§ 147 AO, § 257 HGB).

(1) For the registration and management of domains, the Provider acts as an intermediary between the customer and the respective registry or registrar. The Provider owes the proper forwarding of the registration application; there is no guarantee of the actual allocation or continued existence of a domain. A domain is only considered registered once the registry has entered the customer as the holder.

(2) The registration terms of the respective registry, which are pointed out in the ordering process, apply in addition. The customer assures that the desired domain does not infringe the rights of third parties and indemnifies the Provider against corresponding claims, insofar as they are responsible for the infringement.

(3) Domains are registered for the period selected when ordering. The invoice for renewal is made available about 14 days before expiry; renewal at the registry is only carried out once it has been paid. If it has not been paid shortly before expiry, the domain is not renewed and expires; what happens to it afterwards (return to the registry, deletion) is governed by the registry’s rules; restoration via the Provider is then no longer possible, and the invoice is cancelled. The customer can switch off renewal in the customer area at any time or cancel the domain effective at the end of the paid term; fees already paid to the registry are not refunded.

(4) The customer can request a switch to another provider (transfer) at any time; the Provider makes the auth code available without undue delay, provided no due claims from the domain contract are outstanding. If the customer cancels a contract that includes domains, they state whether these are to be moved or deleted; the Provider asks about this with the cancellation confirmation. If the customer gives no instruction by the end of the contract, the Provider may have the domain deleted at the end of the contract or return it to the registry after the registration expires.

(5) If a plan includes domains without separate charge (included domains), the following applies:

(a) The number and permitted extensions result from the plan’s service description. When ordering, the customer chooses an extension set (e.g. .de or an international set); this choice remains binding for the term of the plan.

(b) Registration and renewal of the included domains are included in the plan price for the duration of the plan contract. The included domains can be chosen when ordering or at any time later in the customer area.

(c) Included domains are tied to the plan. They cannot be transferred to another plan or another customer account and cannot be exchanged for a credit or payout. Unused included domains lapse when the plan contract ends.

(d) If an included domain is deleted by the customer, moved to another provider or cancelled, the entitlement to a replacement domain does not revive.

(e) When the plan contract ends, the customer can move each included domain to another provider, continue it as an independent domain at the list price then valid, or have it deleted; from the end of the contract, the list price applies to renewal. If they give no instruction by the end of the contract, paragraph 4 sentence 3 applies.

(f) Registered included domains are fully performed upon registration (§ 15 para. 2).

(6) Registering, re-registering, transferring or deleting a domain at the registry requires the cooperation of the domain holder. The customer gives the necessary consents and confirmations (e.g. the holder confirmation by email) without undue delay in the form requested. If cooperation is lacking, the registration or transfer may fail without the Provider being responsible for this.

(1) The Provider is liable without limitation for damages from injury to life, body or health, for damages based on intent or gross negligence of the Provider or its vicarious agents, for fraudulently concealed defects, under an expressly assumed guarantee and under the Product Liability Act.

(2) In the case of simple negligence, the Provider is only liable for the breach of essential contractual obligations. Essential contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely, in particular the provision of the ordered service, the preservation of the confidentiality of customer data and the performance of booked backup services. In this case, liability is limited to the foreseeable damage typical for the contract at the time the contract was concluded.

(3) § 9 para. 3 additionally applies to data loss.

(4) The above limitations also apply to the personal liability of the Provider’s employees, representatives and vicarious agents.

(5) Liability for events for which the Provider is not responsible is excluded. The Provider is not responsible for a fault if it is due to force majeure or to circumstances outside its sphere of influence that it could not have averted even with reasonable care, in particular through protective measures in line with the state of the art.

(6) Statutory liability rules that apply mandatorily in favour of consumers remain unaffected.

(1) The Provider processes the customer’s personal data in accordance with the GDPR and the BDSG. Information about the type, scope and purpose of this processing is contained in the privacy policy at https://mam-jahn.de/datenschutz/. The privacy policy is information under Art. 13 and 14 GDPR and not part of this contract.

(2) If the customer processes personal data of third parties on the systems provided (e.g. data of their own users or customers), they are the controller within the meaning of the GDPR and the Provider is the processor. In this case the parties conclude a data processing agreement under Art. 28 GDPR. The Provider provides a contract text for this, which is sent on request to support@mam-jahn.de and concluded in text form. The customer is obliged to arrange for it to be concluded before such processing begins.

(3) The Provider does not access the customer’s content unless this is necessary to provide the service, to resolve faults at the customer’s request, to avert a danger under § 6 para. 3 or because of a legal obligation.

(1) Consumers have a statutory right of withdrawal. Details, the sample withdrawal form and the legal consequences are set out in the cancellation policy at https://mam-jahn.de/widerruf/, which is also sent to the customer by email with the contract confirmation. In addition to by letter or email, the withdrawal can also be declared online via the “Withdraw from contract here” button, which leads to the withdrawal function at https://mam-jahn.de/kuendigen?art=widerruf (§ 356a BGB); the Provider confirms receipt without undue delay by email with the content, date and time.

(2) The Provider provides digital services (e.g. servers, hosting, domains). For these, the consumer’s right of withdrawal expires under § 356 para. 4 BGB as soon as the order is completed and the service has been provided automatically and in full – with their consent and acknowledgement expressly given in the ordering process. In these cases there is generally no longer a right of withdrawal, so a withdrawal cannot be accepted; no refund is made. Domains are fully performed upon successful registration.

(3) Consent to immediate provision is requested separately in the ordering process; it is voluntary. Without it, the service only begins after the withdrawal period has expired; until then the full amount is refunded in the event of a withdrawal.

(4) The consumer can still submit their declaration of withdrawal at any time. The Provider accepts it, confirms receipt and examines it on a case-by-case basis.

(5) Businesses have no right of withdrawal; only the cancellation rules under §§ 5 and 6 apply to them.

(1) The Provider may change these Terms and Conditions with effect for existing contracts only insofar as this is necessary (a) to reflect changes in the law or case law, (b) to close gaps in the rules resulting from such changes, or (c) to make adjustments for technical developments, and the change does not shift the relationship between service and consideration to the customer’s disadvantage. Prices, terms, the scope of the main service and cancellation rights are not changed in this way; that requires an express agreement.

(2) Changes are communicated to the customer by email to the stored address at least six weeks before they take effect. The notice contains the changed provisions, the time they take effect and an express reference to the right to object and the consequences of silence.

(3) If the customer does not object in text form by the time the change takes effect, the changes are deemed accepted from that time. If the customer objects, the contract continues on the previous terms; in this case the Provider can terminate the contract ordinarily under § 5. From receipt of the notice, the customer has a special right of termination effective at the time the change takes effect.

(4) For new orders, the Terms and Conditions published at the time of the order apply in each case.

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Towards consumers, this choice of law only applies insofar as it does not deprive them of mandatory consumer protection provisions of the state in which the consumer has their habitual residence.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Provider’s registered office. For consumers, the statutory places of jurisdiction apply.

(3) The Provider is neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG).

(4) Should individual provisions of these Terms and Conditions be invalid, the validity of the remaining provisions remains unaffected. The statutory provisions take the place of the invalid provision.

(5) The following form part of the contract, in this order of precedence: the order confirmation with the service description, these Terms and Conditions, the acceptable use policy (https://mam-jahn.de/nutzungsrichtlinie/) and the Service Level Agreement (https://mam-jahn.de/sla/). In the event of contradictions, the provision named first prevails.

(1) Web hosting is provided on shared systems with a management interface (Plesk). What is owed is the storage space named in the service description with a connection to the internet; computing power, memory and mail sending are shared by all customers of the system (§ 2 para. 8). The limits named in the service description (e.g. mailboxes, databases, cron jobs, sending limits per hour and day) are part of the service.

(2) If the customer orders web hosting without their own domain, the Provider sets up the web hosting under a default address (a subdomain of a domain of the Provider). The default address is provided only for the term of the contract and only for this web hosting; there is no entitlement to a specific default address or to keeping it. The customer can add their own domains or have the main domain changed at any time.

(3) § 12 para. 5 applies to included domains.

(4) The Provider may adapt the PHP versions, software components and security settings of the system to the state of the art (§ 10). Versions that are no longer supported are announced with reasonable lead time and switched off.

(5) The customer keeps the applications they have installed (e.g. content management systems) up to date. If the Provider detects an acute danger from an outdated or compromised application, it may temporarily deactivate it under § 6 para. 3.

(6) The daily backup of the web hosting takes place to the extent stated in the service description (§ 9 para. 2). It does not replace the customer’s own backup of data they need outside the backed-up period.

(7) The IP addresses assigned to the web hosting may change for technical reasons; there is no entitlement to a specific IP address.

(1) For servers with administrative access (root), the customer is solely responsible for the installation, configuration, securing and updating of the operating system and its software (§ 2 para. 4). The Provider provides operating system templates, a console, reinstallation and a rescue system; management of the operating system by the Provider is only owed if managed support has been booked (Part C).

(2) The customer installs available security updates promptly. The Provider is not responsible for weaknesses in software operated by the customer for which no remedy is yet known.

(3) Whether computing power and memory are permanently assigned or shared results from the service description of the respective line. For shared resources, the Provider owes a fair share; permanent full utilization of shared cores that considerably impairs other customers is not permitted under § 7 para. 2 lit. g and can lead to a temporary limitation of the CPU allocation under § 2 para. 9.

(4) Assigned IP addresses remain the property of the Provider and are returned at the end of the contract. The customer keeps the addresses free of entries on blocklists insofar as they can influence this; in the case of complaints from third parties (abuse), they cooperate in clarification within 24 hours.

(5) In the event of a hardware defect, the Provider provides an equivalent replacement. § 9 applies to the data on the defective system; without a booked backup service, the customer is responsible for backing up.

(6) The Provider may move virtual servers to another host system for maintenance or in the event of faults (§ 2 para. 3); a brief interruption connected with this is not downtime if it has been announced under § 8.

(7) § 4 para. 9 applies to products in pre-sale.

(1) If managed support has been booked, the Provider takes over the tasks named in the service description, in particular installing operating system updates, monitoring and responding to faults within the times stated there.

(2) Insofar as the Provider has taken over the management of the system, the customer receives no or only restricted administrative access. The customer only makes their own changes to the operating system or to supported components after consultation; for faults that are due to changes that were not agreed, the Provider owes no remedy as part of the managed support.

(3) The customer names a contact person who can give approvals for maintenance work and cooperates in resolving faults (information, access, test options).

(4) Not part of the managed support are the development or adaptation of the customer’s applications, data migrations without a separate order, and the support of software that is not named in the service description. Such services can be ordered separately.

(5) § 13 applies to liability; for data loss, § 9 para. 3 additionally applies.