Acceptable Use Policy

Last updated: Darkmatter IT, Massing

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

Contents 10

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

This Acceptable Use Policy (“AUP”) sets out how the services of Darkmatter IT (sole proprietorship), brand “MAM-JAHN” (hereinafter “Provider”, “we”) may be used. It specifies § 7 of the Terms and Conditions (https://mam-jahn.de/agb/) and forms part of the contract. In the event of contradictions, the Terms and Conditions prevail.

(1) The AUP applies to all services, in particular KVM servers, Storage Box, web hosting and domains, and to services under existing contracts (e.g. root servers, VDS, dedicated servers, WireGuard VPN), insofar as they have been booked. It also applies to the use of our network, the customer area and our interfaces.

(2) It applies to the customer and to all persons to whom the customer gives access to their services (e.g. co-users, customers of a resale, visitors to their offerings). The customer is responsible for ensuring that these persons comply with the AUP (§ 7 para. 6 of the Terms and Conditions).

(3) For servers with administrative access (root), we have no knowledge of the customer’s content and applications. The customer alone is responsible for lawful and secure use.

The services may be used for lawful purposes within the scope of the contract. In particular, the following is permitted:

  • operating your own or properly managed websites, applications, databases and services
  • operating your own VPN or proxy for your own use (not as an offering for third parties or the public)
  • operating Tor relays and Tor bridges without an exit function
  • operating game servers, including publicly accessible ones, as long as the rules of this AUP are observed
  • development, testing, data backup and file storage for your own purposes
  • security tests on your own systems and on third-party systems with the owner’s written permission

In particular, the following is prohibited:

(a) attacks on systems of third parties or of the Provider, namely (D)DoS attacks, operating or advertising stresser and booter services, exploiting security vulnerabilities and forging IP addresses, MAC addresses or sender details (spoofing)

(b) port scans, penetration tests and comparable checks of third-party systems without the owner’s written permission

(c) sending spam and other unsolicited mass communication (email, messenger, comments) and phishing

(d) operating malware, botnets and command-and-control servers and distributing malware

(e) operating Tor exit nodes and open proxies, open mail relays and open DNS resolvers that third parties can misuse, and offering VPN or proxy services to third parties to conceal unlawful acts

(f) mining cryptocurrencies and comparable methods on products with shared vCores and in web hosting

(g) infringing copyright, trademark, personality and other rights of third parties, including by offering pirated copies or link collections to them

(h) storing, distributing or making available illegal content, in particular content inciting hatred or glorifying violence, and trading in or advertising illegal goods and services (e.g. narcotics, weapons, counterfeit goods or documents), money laundering and terrorist financing

(i) content that violates the German Interstate Treaty on the Protection of Minors in the Media (JMStV), such as pornographic content without effective access restrictions for minors or content that impairs development without the required protective measures

(j) terrorist content within the meaning of Regulation (EU) 2021/784 (see § 4)

(k) child and youth pornography and other depictions of the sexual abuse of minors (see § 4)

(l) use that permanently exceeds the agreed resources or considerably impairs other customers or our network, e.g. through sustained load on shared vCores far above what is typical for the plan (§ 2 para. 9 of the Terms and Conditions)

(m) creating multiple customer accounts or giving false information in order to use promotional or free offers several times or to circumvent blocks.

(1) In the case of child and youth pornography and depictions of the sexual abuse of children, we immediately block the affected service and the customer account, secure the data to the extent legally required and report the incident to the law enforcement authorities. No prior warning or hearing takes place.

(2) In the case of terrorist content, we remove or block the content without undue delay, in the case of a removal order under Regulation (EU) 2021/784 at the latest within one hour of receipt. Further details are at https://mam-jahn.de/terroristische-inhalte/.

(3) In the case of indications of criminal offences that threaten the life or safety of persons, we inform the competent authorities (Art. 18 of Regulation (EU) 2022/2065).

(1) The customer is solely responsible for the content they store, distribute or make accessible and complies with the laws that apply to their offerings (e.g. legal notice, data protection, protection of minors).

(2) They keep software on their systems up to date and secure their access. If a system is evidently being misused (e.g. after a break-in), they are obliged to cooperate in clarification and to end the misuse without undue delay.

(3) They answer complaints from third parties about their services (abuse) within 24 hours once we draw their attention to them.

(1) You can report violations of this AUP and illegal content on our services to us. The reporting channel with the information required is at https://mam-jahn.de/dsa/.

(2) Reports are examined; we inform the customer concerned and, where necessary, ask them to comment.

(1) In the case of a violation we generally proceed step by step and take into account severity, repetition and fault:

(a) notice and request to stop the violation

(b) setting a deadline, in the event of repetition or no response

(c) temporary blocking of the affected service or individual functions (§ 6 para. 3 of the Terms and Conditions)

(d) extraordinary termination (§ 6 of the Terms and Conditions)

(2) In the case of an acute danger to our systems, other customers or third parties, orders from authorities and the violations under § 4, we may block immediately without prior notice and, if the violation is serious, terminate without notice.

(3) We inform the customer of every measure and its reason and give them an opportunity to comment, unless this would jeopardize clarification or is excluded by law. How you can object to measures is set out at https://mam-jahn.de/dsa/.

(4) The Provider’s claims for damages and indemnification (§ 7 para. 4 of the Terms and Conditions) remain unaffected.

We may change this AUP under the rules in § 16 of the Terms and Conditions. The current version is available at https://mam-jahn.de/nutzungsrichtlinie/.