Terms of Service (ToS)

§ 1.1 – These General Terms and Conditions (hereinafter referred to as "GTC", "ToS", or "Terms of Service") govern all business relationships between the Sole Proprietorship Joel Krause (hereinafter referred to as "VPSLAYER & IT-Solutions", "VPSLAYER Hosting" or "VPSLAYER") and its users/customers (hereinafter referred to as "User" or "Customer"). The current version at the time of contract conclusion applies.

§ 1.2 – Consumers are natural persons who enter into a business relationship with us without being engaged in commercial or self-employed professional activities. Entrepreneurs are natural or legal persons or legally capable partnerships acting in the exercise of their commercial or self-employed professional activities when concluding a contract. The term "Customer" includes both consumers and entrepreneurs.

§ 1.3 – The platform vpslayer.net, vpslayer.host, vpslayer.com (hereinafter referred to as "Platform" or "Website") offers various services in the areas of server hosting, web hosting, game server hosting, and other services. Use of the Website and its associated functions, products, and services is based on the current technical state. Temporary disruptions may occur due to technical issues, such as telecommunications interruptions, DDoS/DoS attacks, power outages, or hardware/software problems. If a service is wholly or partially unavailable, we will inform customers immediately. In the event of outages or performance limitations, VPSLAYER reserves the right to grant goodwill measures at its sole discretion. The nature and scope of such measures are determined exclusively by VPSLAYER.

§ 1.4 – These General Terms and Conditions (GTC) form the legal basis for the use of the platform vpslayer.net, vpslayer.host, vpslayer.com and the services provided therein. By using the Website or booking services, you confirm that you have read, understood, and accepted these ToS in full. Access to VPSLAYER’s offerings is only possible upon agreement to these terms.

§ 2.1 – To utilize VPSLAYER’s services, a free registration is required. Users must provide a username, email address, and a secure password to create a personal account. VPSLAYER reserves the right to reject registration requests without justification and to temporarily suspend or permanently delete existing accounts. The registration form must be completed accurately and in full. The provided login credentials (email address and password) must be securely stored.

§ 2.2 – For full access to all services, customers may provide additional details in their account, such as company name, first and last name, phone number, and full address (street, house number, postal code, city, state, and country). While these details are not mandatory for basic account functionality, they are required for booking certain services. VPSLAYER reserves the right to suspend or irrevocably delete accounts with false or incomplete information without prior notice and to terminate existing contractual relationships.

§ 2.3 – In cases of severe violations of our ToS or legal regulations, we reserve the right to block your account immediately and without warning. In such cases, neither account balances nor paid amounts will be refunded. This measure serves to protect our platform and all users. Further consequences (e.g., permanent account deletion) will be determined on a case-by-case basis.

§ 2.4 – Every customer has the right (under GDPR) to request the deactivation or deletion of their account.

§ 3.1 – You may terminate your account at any time, provided no active services, ongoing contracts, or unpaid invoices exist. Termination is only possible after all booked services have ended and all payment obligations have been settled. VPSLAYER reserves the right to suspend or permanently delete user accounts after the conclusion of the last active service without stating reasons. No refunds will be issued for remaining account balances, which expire upon termination.

§ 3.2 – In the event of termination—whether initiated by the customer or VPSLAYER—we reserve the right to fully deactivate and delete the account. All active services, products, and associated data will be irrevocably terminated and removed. No restoration of deleted data or services is possible. Payments made are non-refundable, including unused balances.

§ 3.3 – Upon account termination, all personal data will be permanently deleted in accordance with data protection laws. The only exception is invoicing documents, which we are legally required to archive for 10 years. You may request copies of your invoices by contacting payment@vpslayer.net A valid ID must be provided to prevent misuse.

§ 4.1 - Your VPSLAYER account is managed exclusively in Euros (EUR/€). You may top up your balance or pay invoices using various payment methods. Note that fees may apply for certain payment options. Negative balances are not permitted unless expressly agreed upon in writing. Any negative balance must be settled by the 15th of the following month. Non-payment may result in account suspension.

§ 4.2 – Due to anti-money laundering laws (GwG) and contractual agreements with payment providers, customer balances cannot be paid out. Funds remain in your account and can only be used for our services. Exceptions apply only in cases of account deletion under GDPR, death, or loss of legal capacity.

§ 4.3 – We encourage resolving disputes directly with our support team. Unauthorized chargebacks (e.g., PayPal disputes, credit card chargebacks) may result in legal action under § 265a StGB ("Obtaining Services by Deception") and a €35.00 processing fee.

§ 4.4 – Late payments may lead to service restrictions under § 273 BGB. Delays exceeding 14 days permit immediate contract termination, with all outstanding balances becoming due.

§ 4.5 – By booking a product, you accept the current price and authorize VPSLAYER to deduct due amounts from your account. Prices may be adjusted due to market conditions, operational costs, or other valid reasons. Continued use after notification constitutes acceptance of changes.

§ 4.6 – Products/services on our Website constitute an invitation to treat. A binding contract is formed only upon order confirmation or performance by VPSLAYER. We reserve the right to reject orders without justification.

§ 4.7 – Our platform offers various products/services, including limited-time promotions. Special offers may be discontinued without notice. Service durations are continuous until cancellation, account deletion, or termination by VPSLAYER.

§ 4.8 – Most products are activated within 1 hour of payment. Manual processing (e.g., domain registrations, dedicated server) may take up to 72 hours. Domain transfers depend on external approvals and may vary.

§ 5.1 - Services are rented for your desired term, extendable at any time. Non-renewal results in automatic termination. Reactivation may be granted as a goodwill gesture, subject to prior cost disclosure.

§ 5.2 – As a user of our services, you can generally use all products and services without special requirements. However, there are strict rules that we would like to explain to you in detail here. It is absolutely forbidden to use our services for illegal activities – this includes, for example, fraud, hacking, or the distribution of malware. Likewise, you may not distribute copyrighted content such as movies, music, or software via our systems without the appropriate rights. This also applies to trademark infringements or the unauthorized use of protected intellectual property. We would particularly like to point out that any form of cryptocurrency mining or similar resource-intensive processes is strictly prohibited on our servers, as this would affect system performance for all users. The distribution of content that violates good morals or contains extremist ideology is of course also not permitted. As a customer, you bear full responsibility for ensuring that all content published and activities carried out via our services comply with applicable laws. This specifically means that you must ensure you do not infringe upon any third-party rights – neither copyrights, trademark rights, personal rights, nor other protective rights. You should pay special attention to the provisions of data protection (GDPR), competition rules, and of course criminal law provisions. If we become aware of any violations of these terms of use, we are unfortunately forced to immediately block all affected services. In serious cases, we reserve the right to deactivate the entire customer account and, if necessary, inform the competent authorities. At the same time, we are continuously working to ensure that all users can use our services in a legally secure manner through regular checks and training offers. It is important to us that you understand: these rules are not intended to make your use unnecessarily difficult, but to ensure a safe and fair environment for all users of our platform. We thank you for your understanding and your cooperation in complying with these important principles.

§ 5.3 – Should a violation of these terms occur through your use of our services, you shall indemnify and hold VPSLAYER harmless from all resulting third-party claims. This expressly includes the complete assumption of all costs for necessary legal defense, including attorneys fees and court costs. In other words: If someone takes legal action against us due to your activities, you must compensate us for all costs and damages incurred. This obligation applies regardless of whether the allegations are justified in the individual case or not. We will inform you promptly in the event of such claims so that you can immediately assume the defense. At the same time, we reserve the right to demand security as a precautionary measure in the event of justified suspicion of serious violations. This provision is necessary to protect our company from the consequences of unlawful use of our services. It underscores that you as a user bear full responsibility for your activities on our platform.

§ 5.4 – Ordering products from us is very simple: Our website displays all available offers. You make your selection, click "Place Order" - and the contract is complete. This clear arrangement protects both parties and complies with online store requirements.

§ 5.5 – All contract documents and order confirmations are sent automatically by email. Please ensure that your email address is correct and that our messages do not end up in your spam folder. Only then can we reliably provide you with all important information.

§ 5.6 – For the duration of your contract with VPSLAYER, you are granted the right to use the software programs and licenses provided by us. This right of use is tied to the contract term and ends automatically upon termination of the contractual relationship. As a user, you are obligated to strictly comply with all license terms of the respective software providers. This particularly includes that you may only use the programs within the agreed framework, may not create unauthorized copies, and may not distribute the software to third parties. You must also observe any export restrictions or other special usage requirements. We point out that violations of these license terms may not only endanger your contract with us, but may also result in legal consequences from the software manufacturers. These regulations serve to protect all parties involved and ensure that software licenses are used lawfully. Please note that we are obligated to take immediate measures if we suspect license violations.

§ 5.7 – If VPSLAYER grants you as a customer unrestricted administrative rights for a product, this comes with comprehensive responsibilities. In this case, you bear sole responsibility for the administration and security of the system. This particularly includes the obligation to install appropriate security software, to actively inform yourself about newly emerging security risks, and to apply corresponding patches or updates in a timely manner. Important to note: Even if VPSLAYER provides or recommends maintenance tools or special software solutions, the fundamental security responsibility remains with you as the administrator. Our support offerings serve only to supplement your own security measures, but do not replace them.

§ 5.8 – As a customer, you bear full responsibility for the secure configuration and management of your product. You are obligated to take all necessary precautions to ensure the stability of our network infrastructure as well as the security and availability of all third-party systems and data. This includes in particular that you must secure your system so that it cannot be used for abusive activities such as spam distribution or DDoS/DoS attacks. The operation of open mail relays or similar system components that could be abused for spam distribution or network attacks is expressly prohibited. Likewise, any form of network or system harassment that could cause impairments to other users or third parties is forbidden. In the event of violations of these essential security requirements, we are compelled to immediately and without prior notice take the affected product offline and terminate the contract without notice. In serious cases, we also reserve the right to inform the competent authorities. These strict measures are necessary to ensure the protection of our entire infrastructure and all customers.

§ 5.9 – In the context of using our services, we want to transparently inform you that we cannot guarantee permanent allocation of certain technical resources. This particularly applies to assigned IP addresses, the hardware used, and the exact location of the data center hosting your services. We reserve the right to adjust these technical parameters as necessary for technical, legal, or economic reasons. Such adjustments may be required due to: maintenance work or system upgrades, new legal requirements or compliance obligations, infrastructure optimizations, capacity adjustments. Of course, we will inform you in a timely manner about any significant changes affecting your services. This flexibility in resource allocation enables us to continuously provide you with a highly available and secure infrastructure while making ongoing improvements.

§ 5.10 – All goods and services delivered to you remain the property of VPSLAYER until all outstanding invoices have been paid in full. This retention of title applies to all delivered products and services equally. Ownership of the goods only transfers to you upon complete payment of all due amounts. As long as payment obligations remain, you are required to treat the goods with care and protect them from damage or depreciation. In the event of payment default, we reserve the right to reclaim the delivered goods. This provision serves to protect us as the supplier and is legally valid under § 449 BGB. Naturally, we will always inform you in advance regarding any reclamations or other measures.

§ 6.1 - To ensure a stable and reliable infrastructure for all our customers, we reserve the right to take appropriate measures in the event of exceptionally high resource demands. If your shared hosting package exceeds one of the following limits for an extended period of time (several hours), we may be required to intervene: Network load consistently exceeding 500-700 Mbps (download/upload) or extremely high packet rates; CPU utilization consistently exceeding 80-90%; Excessive read and write access to memory (high I/O load). Important: We will contact you before taking such measures! If you anticipate that your service will require more resources, simply contact us. In many cases, we can find a solution together. However, in the event of deliberate disruptions to the infrastructure or acts of sabotage, we must act immediately and without warning to protect our systems and other customers.

§ 6.2 – To ensure the stability and security of our servers as well as the protection of all customers, clear usage rules apply to our hosting services. Certain services may only be operated with the explicit written approval of VPSLAYER. These particularly include streaming services, public proxy servers and TOR nodes (including exit nodes). Without our explicit consent, these services are not permitted. Furthermore, there are a number of applications and activities that are fundamentally prohibited on our servers. These include any forms of cryptocurrency miners and masternodes, unsolicited mass mailings such as spam or newsletters without verifiable consent from the recipients, as well as traffic generators and click-exchange systems. Long-term stress tests such as benchmarks or the operation of mass services are also not allowed. Naturally, all illegal activities are strictly forbidden. If violations of these terms of use are detected, we reserve the right to take strict measures. This includes the immediate and permanent suspension of the affected account and all associated services. In such cases, no refunds of credits or remaining balances will be made. In cases of serious violations, we also reserve the right to initiate legal action. We place great importance on transparency and fairness. Therefore, we recommend: If you are unsure whether a particular application or service complies with our policies, please contact us before use. Our support team is happy to assist you with any questions and advise you on which services may be operated on our servers.

§ 6.3 – As a user of our servers, you are obligated to ensure the stability and security of our infrastructure, as well as the integrity of third-party systems and data. This means, in particular, that any activities that could endanger network availability or system performance are strictly prohibited. The following are expressly prohibited: Sending spam emails, Conducting DoS or DDoS attacks, Operating open mail relays or similar systems, Any form of network manipulation or overloading. Should violations of these guidelines be discovered, we are forced to take the following measures immediately and without prior warning: Immediate network disconnection of the affected server, Temporary suspension of service, Termination of the contractual relationship without notice. These strict measures are necessary to protect our infrastructure and all customers from misuse. We also reserve the right to take legal action in the event of intentional violations.

§ 6.4 – Should we discover repeated violations of our Terms of Use in your customer account or prove that violations were deliberately caused, we reserve the right to take the following measures: Immediate blocking of your entire customer account, deactivation of all active services, and permanent exclusion from using our shop. In such cases, there is no entitlement to refunds of amounts already paid, payment of credit balances, or restoration of services. These measures serve to protect our infrastructure and the interests of all our customers. We also reserve the right to take further legal action in the event of serious violations.

§ 6.5 – As a customer, you agree to use our services and products only for the agreed contractual purposes. The transfer or subletting of our services to third parties is strictly prohibited unless we have expressly authorized this in writing. This policy applies to all resources provided by VPSLAYER and specifically excludes the following usage scenarios: unauthorized subletting, commercial resale, and shared use without permission.

§ 7.1 - There is no right of withdrawal for any services. Products will be blocked after the expiration of the term and irrevocably deleted after 7 days.

§ 7.2 – The following applies to our services: As soon as we begin to perform the agreed service and provide it in full, your statutory right of withdrawal expires. This requires that you have expressly confirmed to us in advance that: You agree to the commencement of the service provision; You are aware that your right of withdrawal expires once the service has been fully provided. Therefore, the service will only begin after your express approval. This regulation complies with the statutory provisions for digital services (Section 312g Paragraph 2 No. 1 of the German Civil Code).

§ 8.1 - As a customer, you are obliged to promptly inform VPSLAYER of any changes to your data that are relevant for the fulfillment of the contract, so that we can always reach and serve you correctly. You are responsible for protecting your access passwords with the utmost care and keeping them confidential. If you suspect that unauthorized persons have gained knowledge of your passwords, you must notify us immediately so that we can initiate appropriate security measures. In the event that third parties misuse your access data and thereby use services from VPSLAYER, you shall be fully liable to us for all resulting costs and damages. This includes lost usage fees as well as any potential claims for damages. Furthermore, you are required to regularly create backup copies of your data – especially after every modification of your data records. These backups must be stored externally and may not remain on our servers. Special caution is required before maintenance work is carried out or new hardware or software is installed – in these cases, you must always perform a complete data backup. Before putting any software into productive use – including all updates and patches you receive from us – you must thoroughly test it for functionality and suitability for your specific use case. Only in this way can you ensure that the programs meet your requirements and do not have any undesirable effects on your systems.

§ 8.2 – You are responsible for backing up your data, even if we offer backup options. Back up your data regularly and test for recoverability. We are not liable for data loss.

§ 8.3 - The customer is responsible for maintaining reasonable data transfer rates. VPSLAYER reserves the right to temporarily throttle the connection to 100 Mbps in the event of exceptionally high data traffic that impacts the stability or performance of our infrastructure. This throttling will be automatically reset on the first day of the following month, so that full bandwidth is available again without restrictions. This measure is intended to protect network quality for all users and is only taken when there is a real impact on system stability. We will inform affected customers about the throttling and are available to answer any questions. Normal speeds will be automatically restored at the beginning of the new month.

§ 8.4 – The customer is solely responsible for all third-party applications installed by them. This includes, in particular, the functionality of the software, its compatibility with our systems, any impact on other applications, or system stability. VPSLAYER assumes no liability for damages or problems caused by third-party applications. The customer indemnifies VPSLAYER from all third-party claims.

§ 9.1 - Our liability to you as a customer is limited exclusively to the claims stipulated by law. This includes, in particular, damages resulting from injury to life, body, or health, provided they are based on an intentional or negligent breach of duty on our part. We are only liable for all other damages if they were caused by gross negligence or willful intent. Liability for simple negligence is excluded unless mandatory statutory provisions prevent this.

§ 9.2 – Our liability is clearly regulated by law: We are only liable for damages that are either provided for by mandatory legal provisions or for which we have expressly provided a guarantee. In the following exceptional cases, we are also liable for simple negligence: If our management, executives, or employees breach essential contractual obligations. Liability is limited to: Typical cases of damage, foreseeable damage. We assume no liability for all other cases of slight negligence. We also exclude liability for indirect consequential damages.

§ 9.3 - VPSLAYER cannot accept responsibility for errors that occur beyond our direct control. This particularly applies to input errors on the part of the customer, errors in data transmission, and problems with data analysis. Since these sources of error are not within our area of responsibility, we exclude any liability for resulting damages or consequences. This exclusion of liability applies regardless of the nature of the impairments caused.

§ 9.4 – As a customer, you are fully responsible for all content you publish or distribute via our services. This includes, in particular: the legality of all content provided, compliance with copyright regulations, and respect for personal rights. VPSLAYER assumes no liability for content posted by customers or any legal violations. If we become aware of illegal content, we reserve the right to: immediately block the relevant services, terminate the contract without notice, and, if necessary, forward the content to the relevant authorities.

§ 9.5 – VPSLAYER reserves the right to correct obvious errors in published information or pricing, even retroactively. This applies in particular to obvious typos, incorrect calculations, or technical display errors. In such cases, the customer has no right to claim damages or to enforce the originally incorrectly stated conditions. Should you, as a customer, nevertheless experience disadvantages as a result of such a correction in justified exceptional cases, you can contact us. We will then examine possible solutions on a case-by-case basis and within reasonable limits. Should such disruptions occur, we will take all reasonable measures to restore services as quickly as possible.

§ 9.6 – Pursuant to Section 280 of the German Civil Code (BGB), VPSLAYER assumes no liability for service outages beyond our control. This particularly applies to: Force majeure (e.g., natural disasters, extreme weather events), third-party negligence (e.g., disruptions at external providers or infrastructure operators), general internet disruptions, and official orders. In such cases, no claim for damages or service credits exists.

§ 9.7 – As a provider, we assume no responsibility for our customers compliance with child protection regulations. This particularly applies to: the use of our services for indexed games or media, violations of age ratings, and disregard of child protection regulations. The customer is obligated to comply with all legal provisions for the protection of minors on their own responsibility. Upon becoming aware of such violations, we reserve the right to: immediately block the affected services, terminate contractual relationships without notice, and, if necessary, involve law enforcement authorities. This regulation serves to protect minors and complies with our legal obligations.

§ 9.8 – VPSLAYER assumes no liability for the long-term availability of stored data or the integrity of the storage systems. Specifically, this means: No liability for complete or partial data loss. No guarantee for the long-term functionality of the storage media. No replacement for lost or damaged data. Important information for customers: You are obligated to regularly create complete backups of your data. Backups must be stored externally (outside of our systems). We recommend implementing a 3-to-1 backup concept: 3 copies of your data, on 2 different media, 1 of which is stored at an external location. In the event of data loss due to system failure, there is no right to: data restoration, compensation, contract termination, or reimbursement.

§ 10.1 - As part of special marketing campaigns, VPSLAYER offers selected products as "Lifetime" versions. This one-time payment option is subject to the following clear terms: No automatic expiration date: The customer purchases the product for a one-time payment. There is no obligation to make recurring payments. Company-specific validity: Lifetime use is valid only for the duration of VPSLAYERs business operations. All lifetime licenses expire upon business closure or insolvency. Shutdown process: At least 14 days notice is required before deactivation. No possibility of data recovery after shutdown. Financial terms: Exclusion of any refund claims. No right to replacement services or compensation. Note for customers: Lifetime offers represent a special form of use and are not a permanently guaranteed feature. We recommend regularly backing up all important data, regardless of the product type.

§ 10.2 – By purchasing a Lifetime Product, you agree to the following terms: Inactivity occurs when you have not accessed or used your Lifetime Product via our website for a continuous period of at least two months. In this case, VPSLAYER reserves the right to temporarily deactivate and block the product in question. A grace period of four weeks then begins. If you do not contact us at all within this period, the product will be permanently deleted and your right to lifetime use will expire completely. At the same time, by purchasing, you expressly confirm that you waive any right to a refund of the purchase price in such a case. However, if you contact us during the suspension period or within the four-week grace period, we will immediately lift the inactivity status, and your product will be available to you again without restrictions. Please note that "Lifetime" use is tied to VPSLAYER business activities and will cease in the event of a possible business closure. To avoid inactivity status, we recommend that you use your product or log in to your account at least every two months.

§ 11.1 - VPSLAYER reserves the right to amend these Terms and Conditions at any time, provided the change is reasonable for the customer and the interests of VPSLAYER are taken into account. The customers consent is deemed to have been granted if they do not object within two weeks of receiving the notification of the change. VPSLAYER will inform the customer of the consequences of failing to object in the notification of the change. If the customer objects within this period, VPSLAYER may terminate the contractual relationship subject to the notice period and, if necessary, block the customer account.

§ 12.1 - These Terms and Conditions and all contracts are governed exclusively by German law. As a general rule, all contracts are drafted in German. Upon express customer request, contracts can also be provided in English. In the event of any discrepancies or ambiguities between the language versions, the German version shall be exclusively legally binding. For all disputes arising from these contractual relationships, the registered office of VPSLAYER is agreed to be the exclusive place of jurisdiction, to the extent permitted by law.

§ 12.2 - For all claims arising from this contractual relationship as well as for disputes regarding the formation, execution, or termination of the contract, the Viechtach District Court shall have jurisdiction, provided the customer is a merchant or does not have a general place of jurisdiction in Germany. The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.

§ 12.3 - VPSLAYER is not obligated to participate in dispute resolution proceedings before a consumer arbitration board and does not participate in such proceedings. VPSLAYER points out that the EU Commission has established an online platform for resolving disputes between businesses and consumers. This platform can be accessed at the following link: https://ec.europa.eu/consumers/odr/

§ 12.4 - Should any provision of these Terms and Conditions be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a legally permissible provision.