- Nodion ("Nodion", "Provider", "we", "us" or "our"), Georg-von-der-Vring-Str. 9, 73614 Schorndorf, provides services solely on the basis of these general terms and conditions. These general terms and conditions apply for all of our services and also for future services provided between the two parties.
- Deviating terms and conditions of the customer are not accepted by us, unless we have expressly agreed upon it in writing. Our general terms and conditions shall apply even if we were aware of contrary or deviating conditions of the customer to provide our services without reservation.
- We reserve the right to modify these general terms and conditions at any time and the customer will be informed about such modification accordingly by an announcement in the customer area on www.nodion.com or by e-mail.
2. Subject of the contract
- The subject of the contract is an account on our website (www.nodion.com). This account allows the customer to use services of Nodion.
- The core business of Nodion is called "nodes" (hereinafter the "Node" or "Nodes"). Nodes are virtualized cloud servers dedicated to the customer with full access ("SSH/root access"), which have to be self-managed by the customer.
- Nodion reserves the right to determine the maximum possible number of nodes per account. The number of nodes can be adapted by Nodion individually and randomly for each customer and without notification.
- Nodion is allowed to instruct third parties to perform any services in any amount. Nodion may also transfer rights and obligations mentioned in this contract to a third party ("transfer of contract"). In this case, Nodion has to inform the customer about a contract transfer within at least four weeks prior to the date of transfer.
3. Contract period
- Our services are provided either with a secondly, hourly, monthly or yearly billing. In case of a monthly or yearly invoicing, the amount is due in advance, while for an secondly or hourly billing the performance is invoiced at the end of each month. For the customer it is clear, whether it is a secondly, hourly monthly or yearly billing, for example, everything we invoice is displayed right before ordering with the amount and period.
- Each domain is provided with an annual minimum period and annually charged (billed in advance).
- Each license (for software such as "Plesk" or "cPanel") is provided with a monthly minimum period and monthly (in advance) settled.
4. Conclusion of contract, Right of revocation
- By creating an account on our website (www.nodion.com), the customer is, while signing up, asked (= a declaration of intent on the part of the provider, which is directed on a conclusion of the contract) to accept the general terms and conditions by checking a checkbox that he accepts our terms of services.
- All services that would fall under the lawful fourteen days withdrawal period for B2C customers are billed by the second. This means that we don't offer any refunds and by signing up with Nodion you agree that you won't make any use of thefourteen days withdrawal period.
- Services billed by the second, minute or hour can be deleted immediately and you will only pay the resources you have used until then.
- Services that are billed yearly or monthly in advance are also excluded from refunds, since, for example for domain names, we have to pay most of the fee to the domain registries, which also don't refund us in any way.
- We generally don't offer refunds in any way.
5. Payment, Invoicing and Rate increases
- The amount of the charges to be paid and the billing period can be found in the service description of the respective rate selected by the customer. For a monthly or yearly billing, the fees become due with immediate effect, in case of an hourly or secondly billing, payments are due per 1st day of every month. If the invoiced amount on the hourly or secondly billing exceeds 5,00 EUR, Nodion is entitled to perform an interim billing.
- The customer can pay any charges either by a one-time payment (e.g. per PayPal) or by automatic debit (e.g. credit card).
- For automatic debiting, the client authorizes Nodion to collect the amounts due by debiting directly from the customer’s account, PayPal account or credit card. The customer is obliged to make sure that there is a sufficient coverage of his payment options. If there is a return debit note, the customer will be charged with a flat rate amount of 25,00 EUR.
- Nodion reserves the right in case of a non-payment, if necessary without warning, to suspend ("freezing") the customer account (and thus the entire related services provided to the respective customer) and to completely delete the account after a period of fifteen days and to permanently delete the contract with the customer.
- At any time, Nodion is entitled to adjust the prices of services, which does not require the consent of the customer, who will be informed at least 30 days prior to an adjustment.
6. Services of the Provider
- The service obligations of the provider are stated in the service description of the individual products. Other orally agreed additional services are only valid if they are confirmed by the provider.
- The provider can adjust its services and performance data at any time.
- The customer gets at least one static IP address for each node, the customer does not have a claim to the IP address and the provider can change this at any time.
- The provider guarantees an availability ("Uptime") of its services of 100%. If the provider does not comply with this warranty, the customer is entitled to a reimbursement of the hourly duration, when his services are not available. This does not include maintenance work, which has to be previously announced at least 24 hours in advance. Also excluded are the times, in which the server is not available because of problems that are not in the sphere of influence of the provider (network fault outside of the network of the provider and its carriers, force majeure, fault of third parties etc.).
7. Obligations of the customer
- The customer has to ensure that the provider has current master data. In the event of any changes to these, the customer should update the current data in the Nodion control panel.
- The use of some of our services requires knowledge of the administration of server systems. For example, the customer receives from Nodion the full access ("root access") for ordered node/s and is solely responsible for the safety of those. The provider has no access to the nodes of the customer. The customer must install by himself any security updates of the operating system, installed software or the like. In addition, the customer should make various arrangements to prevent access by third parties and to protect the node against manipulation. The provider is not liable to any fault on the part of the customer, the customer is fully responsible for what happens to its node.
- To prevent access by third parties to the respective nodes, it is recommended to use very long, generated passwords or so-called SSH keys. The provider shall not be liable if third parties have access to the nodes of the customers.
- The customer is responsible for all content that the customer saves or makes available on its nodes. The customer is responsible for ensuring that no legally or contractually agreed illegal contents are saved or made available on its node. As the provider does not have access to the nodes of the customer, he is not able to check on possible infringements of the individual nodes.
- The provider is not responsible for data loss due to damage to the hardware, for example by means of a hard disk failure. The customer has the obligation to create backup copies by himself that can be used and installed by him in case of a hardware damage.
- The provider offers so called templates, that are basically different linux distributions that are used as the foundation to create Nodes. Nodion won't support any attempts of the customer to install custom operating systems. If a system breaks or doesn't work as expected because of the customer trying to install unsupported operating systems, we have the right to decline any support request in that regard.
- The customer is contractually prohibited to do the following:
You agree that any of these activities are considered prohibited usage and will result in immediate account suspension or cancellation without a refund and the possibility that Nodion will impose fees; and/or pursue civil remedies without providing advance notice.
- The operation of phishing sites.
- The distribution of pornographic contents.
- The operation of an mail-relay that is used for distributing SPAM e-mails.
- The operation of anything related to the Tor project.
- The operation of anything related to crypto currencies. You are especially not allowed to use our services to "mine" digital currencies.
- The operation of an open database server that allows access by third parties.
- Intentional misuse of system resources, including but not limited to employing programs that consume excessive network capacity, CPU cycles, or disk IO.
- The operation of a script or similar that is used to crawl other websites.
- Any additional action that might decrease the value/reputation of a provided IP address (this includes buying sneakers with bots, etc.).
- The customer is obliged not to send e-mails to third parties without their prior consent to its receipt or if the consent cannot be presumed elsewhere. The provider reserves the right to suspend the relevant ports for e-mail traffic. In the case of a breach of this paragraph the provider reserves the right to charge a penalty in the amount of 5 EUR per sent e-mail to third parties, who did not have previously approved or if their consent to receive such e-mails cannot be presumed elsewhere.
- Should the customer use his service(s) for illegal purposes, Nodion may freeze or delete all of this customers services at any time.
8. Data protection
- The data of the customer are saved by the provider according to the legal requirements only in so far as this is necessary in the execution of the entire contract. If required, the data are forwarded to other parties. For example, this could include a provider who is used for the registration of a domain. This also includes the publication of technically and legally necessary data in public domain register(s) (for example DENIC) that are required for a domain registration that will be published in the framework of the DENIC-query services. This also applies to all other domain administrative bodies that are instructed with the registration or administration of a domain name. Furthermore, where necessary, the data can also be disclosed to the Whois database at the RIPE NCC in Amsterdam, which is accessible to everyone. This applies to the following data: name, address, e-mail address and telephone number of the domain holder.
- Additionally, the provider makes also use of the data to inform the customer for his own cause, in particular for the communication on new services.
9. Limitation of liability
- For slightly negligent breaches of duty, our liability and the liability of our vicarious agents is limited to the predictable, immediate average damage typical for contract.
In case of slightly negligent violations of non-essential contractual duties, that do not compromise the execution of the contract, we and our vicarious agents are not liable. The foregoing limitations of liability shall not affect customer claims resulting from product liability or guarantee. Further, the liability limitations do not apply for bodily injury and damage to health or loss of life of the customer that are attributable to us.
- Nodion is liable only for its own contents on our website. If we allow the access to other websites with links, we are not responsible for the foreign contents contained there. We do not adopt the foreign contents. If we gain knowledge of illegal contents on external websites, we shall immediately block the access to these websites.
Our within the scope of application of the telecommunications law relevant liability remains unaffected thereof in total.
- We are not responsible for the non-availability of our servers and the service(s) of our customers. Any interruption of the availability results in a one-time credit, which is limited to the duration of the non-availability. The calculation is carried out on an hourly basis. For invoicing, every month is calculated with a lump sum of 720 hours.
Further claims of the customer are excluded.
10. Applicable Law, Court of Jurisdiction
- For all legal relations between the provider and the customer shall apply the relevant law of the Federal Republic of Germany, that is applicable only for the legal relations between domestic parties.
- The court of jurisdiction for all disputes arising from or through this contract is - as far as the customer is not a consumer - the registered office of the provider.
- Should a provision of this contract be or become ineffective or should the contract contain a fill out-needy gap, this shall not affect the validity of the remaining provisions. The parties undertake to replace the ineffective provision by an effective that rather corresponds to the economic purpose of the invalid clause. The same applies in the case of a contractual loophole.