1.Scope & provider
These Terms of Service ("Terms") apply to all contracts between you and Nodesky for virtual private servers (VPS) and related services offered at nodesky.de.
The provider is Leon Redlich, Mühlenseßmar 21, [postcode] Gummersbach, Germany ("Nodesky", "we", "us"). Contact details are listed in our Imprint.
Our offer is aimed at consumers and businesses. Where these Terms distinguish between them, "consumer" means a natural person acting for purposes outside their trade, business or profession (§ 13 BGB). Any terms of yours that differ from these Terms do not apply unless we expressly agree to them in writing.
2.Your account
- You must be at least 18 years old, or have the consent of your legal guardian, to create an account.
- The information you provide must be accurate and kept up to date. Accounts registered with false identity information may be closed.
- You are responsible for keeping your login details secret and for all activity under your account. Tell us immediately if you suspect unauthorised access.
- Each person may only hold one account unless we agree otherwise. Accounts are not transferable.
3.Our services
We provide virtual servers based on KVM virtualisation with the resources described in the plan you order (for example vCPU, RAM, NVMe storage and network connectivity). The servers are located in a data centre in Germany.
You receive full administrative (root) access and are solely responsible for the software, configuration, security and content of your server, including installing security updates. We do not manage the operating system or applications on your server unless agreed separately.
We aim for high availability but do not guarantee uninterrupted service. Scheduled maintenance will be announced in advance where possible. Interruptions caused by maintenance, force majeure, or circumstances outside our control (such as upstream network or data-centre failures) do not constitute a breach of contract.
4.Acceptable use
You may use your server for any lawful purpose, as long as you follow this Acceptable Use Policy. You are responsible for everything that happens on or originates from your server, including actions by your own users or by third parties who compromised it.
Strictly prohibited: network attacks & scanning
- Port scanning, network scanning and vulnerability scanning of systems you do not own or are not explicitly authorised in writing to test, including mass scanning of IP ranges (e.g. with tools like masscan, zmap or nmap).
- DDoS and DoS attacks, stress testing third-party systems ("booters"/"stressers"), and operating or controlling attack infrastructure.
- Brute-force and credential attacks, such as password guessing against SSH, RDP, web logins or APIs, and credential stuffing.
- Exploitation and intrusion: gaining or attempting unauthorised access to any system, network or data.
- Packet spoofing, IP or MAC address spoofing, and using IP addresses not assigned to your server.
- Sniffing or intercepting traffic that is not addressed to your server.
Also prohibited
- Malware: distributing, hosting or controlling viruses, ransomware, trojans, botnets or command-and-control servers.
- Spam: sending unsolicited bulk email or messages, running open mail relays, or hosting content advertised by spam.
- Phishing and fraud: phishing pages, scam shops, fake login pages, or any content intended to deceive people.
- Open proxies and anonymisation exit nodes that are publicly accessible, including Tor exit nodes and open VPN or proxy services that hide abusive traffic.
- Cryptocurrency mining of any kind, including proof-of-space ("plotting") workloads.
- Illegal content, including child sexual abuse material (reported immediately to the authorities), content glorifying violence, terrorist content, and incitement to hatred.
- Infringement of rights: hosting or distributing copyrighted material without permission (including piracy, warez and illegal streaming), or violating trademarks and personality rights.
- Unlicensed gambling and the sale of illegal goods or services.
- Any other activity that violates German or EU law, or that harms the reputation of our network, for example by getting our IP ranges blocklisted.
If you are unsure whether a particular use is allowed, please ask us before you start.
5.Fair use of resources
Servers share physical hardware. To keep performance fair for everyone, you must not use your server in a way that permanently overloads the host system, for example by keeping all CPU cores at full load for extended periods or causing extremely high disk I/O. "Unmetered traffic" means traffic is not billed by volume; it is not a guarantee of unlimited bandwidth at all times. If your usage seriously impairs other customers, we will contact you first and may limit resources if the issue continues.
6.Abuse handling & suspension
We investigate abuse reports and violations of these Terms. When we receive a report, we will usually forward it to you and ask you to resolve it within a reasonable period (normally 24 hours).
We may suspend your server immediately and without prior notice if there is a serious violation or an acute threat, in particular for network attacks, scanning, malware, phishing, illegal content, or if your server has been compromised and is causing harm. Where possible, we will inform you of the suspension and the reason.
For serious or repeated violations, we may terminate the contract without notice (see section 8). Fees already paid for the current billing period are not refunded in this case. You must compensate us for damage and reasonable costs caused by your violation, including the costs of handling the abuse, unless you are not responsible for it. We cooperate with law enforcement authorities where we are legally required to do so.
7.Prices & payment
- Prices are shown on our website and include the statutory VAT. There are no setup fees.
- Fees are billed in advance for each billing period (normally one month) and are due immediately.
- If payment is not received, we may suspend your server after a reminder. If the outstanding amount remains unpaid, we may terminate the contract and delete the server.
- Price changes for existing contracts will be announced at least 6 weeks in advance. You may cancel before the change takes effect.
8.Term & cancellation
Contracts run for one billing period and renew automatically for the same period unless cancelled. You can cancel at any time with effect from the end of the current billing period, in your customer area or in text form (e.g. email).
We can cancel with a notice period of 14 days to the end of a billing period. The right of both parties to terminate without notice for good cause remains unaffected. Good cause for us includes in particular serious or repeated violations of section 4 and payment default.
When the contract ends, your server and all data on it are permanently deleted. Please back up your data before then.
9.Right of withdrawal for consumers
If you are a consumer, you have a statutory right to withdraw from the contract within 14 days without giving any reason. The withdrawal period is 14 days from the day the contract is concluded. To exercise it, inform us (see Imprint) by a clear statement, for example by email. To meet the deadline, it is sufficient to send your notice before the period expires.
If you withdraw, we will refund all payments received from you without undue delay and at the latest within 14 days, using the same payment method. If you requested that the service begin during the withdrawal period, you must pay a reasonable amount proportional to the service provided up to the time you withdraw.
Because your server is provisioned immediately, we will ask you when ordering to expressly request that we start providing the service before the withdrawal period ends.
10.Your data & backups
You remain the owner of all data on your server. We do not access the contents of your server except where necessary to provide the service, to investigate abuse or a security incident, or where required by law.
You are responsible for regularly backing up your data. Snapshots offered through our panel are a convenience feature and are stored on the same infrastructure. They do not replace an independent backup.
11.Liability
We are liable without limitation for damage caused intentionally or through gross negligence, for injury to life, body or health, under the German Product Liability Act, and where we have given a guarantee.
For slight negligence, we are only liable for breaches of essential contractual obligations, meaning obligations whose fulfilment makes proper performance of the contract possible in the first place and on which you can regularly rely. In this case our liability is limited to the typical, foreseeable damage.
Otherwise, our liability is excluded. In particular, we are not liable for data loss to the extent that it would have been avoided by proper backups on your part.
12.Privacy
We process personal data in accordance with the GDPR. Details can be found in our Privacy Policy.
13.Changes to these terms
We may change these Terms for valid reasons, for example due to changes in the law or to our services, provided this is reasonable for you. We will notify you by email at least 6 weeks before the changes take effect. If you do not object before then, the changes are deemed accepted. We will point out your right to object and the consequences in our notification. If you object, either party may cancel the contract as of the date the changes take effect.
14.Final provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection of mandatory provisions of the law of the country of their habitual residence.
If you are a merchant, a legal entity under public law, or have no general place of jurisdiction in Germany, the exclusive place of jurisdiction is our registered office.
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
If individual provisions of these Terms are invalid, the remaining provisions remain unaffected.