Epsilon PS e.K.

Allgemeine Geschäftsbedingungen

Die englische Version der gesetzlichen Vereinbarungen und Richtlinien gilt als die einzige aktuelle und gültige Version dieses Dokuments. Jede übersetzte Version wird nur als Service bereitgestellt, um das Lesen und Verstehen der englischen Version zu erleichtern. Übersetzte Versionen sind nicht rechtsverbindlich und können die englischen Versionen nicht ersetzen. Im Falle von Meinungsverschiedenheiten oder Konflikten haben die englischsprachigen rechtlichen Vereinbarungen und Richtlinien Vorrang.

Epsilon PS e.K. agrees to provide services to subscribers (you) subject to the following terms of service. Use of the Epsilon PS e.K. service constitutes acceptance of our Terms and Conditions.

Epsilon PS e.K. reserves the right to modify these Terms and Conditions at any time.

No bullshit guarantees

Where other hosting providers „guarantee“ 99.9% uptime and the like, we here at Epsilon PS e.K. would like to cut the bullshit. 0.1% downtime equals about 525 minutes per annum. That’s almost 9 hours of downtime.

We here at Epsilon PS e.K. believe that no downtime is acceptable. Downtime is however a part of life, and can be due to a variety of reasons. Namely hardware failure, network congestion or simply somebody messed up somewhere.

That is why we would like to provide a slightly different take on the classic „no downtime“ guarantee:

  1. We will do our best to provide 0% downtime within our sphere of control, i.e. our hardware and network infrastructure.
  2. We will do our best to inform you as soon as we are made aware of a problem
  3. We will inform you in a timely manner if we encounter any planned downtime scenarios
  4. If you have any unplanned downtime for a server in a given month, you can ask for a free month for that server

You can pro-actively design your infrastructure such that you have fallback servers if downtime is critical to your business. How to achieve this is beyond the scope of this document.

Prohibited usage

Epsilon PS e.K.’s hosting services are designed for hosting websites, legitimate applications and data. Any of the following activity can result in the immediate termination of your account, without a refund and the possibility that we will impose fees and/or pursue civil remedies without advance notice.

We may let you retrieve your data from our platform once you’ve been banned, if you ask for it, but depending on the offense you may be denied, especially if law enforcement is involved and said data is considered evidence. 

Misuse of resources. Intentional misuse of resources including CPU cycles, memory, network bandwith and disk I/O. Misuse of resources includes:

  • Cryptocurrency mining
  • Crypto, blockchain and testnet workloads
  • Running Neural Nets or Neural Net training
  • Running stress-test tools
  • Network scanning of any kind
  • Tor relay nodes
  • Torrent seeding/downlading
  • Media Streaming in certain configurations, especially streaming of copyrighted material
  • Scrapers which continuously scrape 3rd party websites for information with resulting continuous high load
  • Scrapers which scrape copyrighted material
  • Disseminating copyrighted material
  • Traffic Exchanges – because they are retarded, add no real value and have a troublingly high resource impact globally. Just think of the CO2 impact of these alone.
  • Other activities which put the server under sustained heavy load for long periods of time, especially if it’s in an unproductive manner or objective (i.e. not business critical workloads).

This obviously excludes activities which Epsilon PS e.K.’s hosting services are designed for, such as serving websites and other above-board activities, such as ingestion/synching data feeds, interacting with APIs, running maintenance/cron jobs etc.

If we detect high use of resources, we will first inquire as to what is going on and will probably recommend that you upgrade your Epsilon PS e.K. server to a more beefy instance, if what you are doing is in fact legitimate.

SPAM sucks. We have zero tolerance towards SPAM and Unsolicited Bulk Email (UBE). Junk-mail and UBE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested the message. UBE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Epsilon PS e.K. whether or not the message actually originated from our network.

Hacking. Attempting unauthorized and/or illegal access of computers, networks and/or accounts. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures.

Lawful purposes only please. Epsilon PS e.K. hosting services we provide may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of EU regulation or law, or by common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Epsilon PS e.K.’s hosting services may not be used to facilitate infringement of these laws in any way.

Harmful content or content portraying illegal acts. Acts of terrorism crime and violence are not cool nor interesting. Any site hosting and spreading such content will be banned from our datacenters. ​​​​​​

Please don’t mess with us or our users. Do not engage in illegal activities or engage in activities harmful to the operations of Epsilon PS e.K. or our customers.

Providing False Data on any Contract or Application: including fraudulent use of credit card numbers.

We are not Big Brother. We do not routinely monitor or „spy“ on our customers and what you are using your servers for. However, in the period immediately following your signup we will keep a close eye on your activity and what you are using your servers for. Once we’ve seen you are not using your server for anything which is in breach of these terms and have a level of trust in you, we will stop our monitoring of your activity, and will only react if your server starts exhibiting unusual behavior. 

Any usage that prompts the receipt of abuse complaints pertaining to violation of EU and/or international copyright law must be promptly discontinued to avoid service cancellation for violation of these terms.

If you are in breach of our TOS we may consider any bandwidth consumed in your account as overage chargeable at our standard overage rates.

Support Boundaries

Epsilon PS e.K. provides technical support to our subscribers via our Support Ticket system as well as limited phone support during designated times as stated on our support page. The following are our guidelines when providing support: Epsilon PS e.K. provides support related to your Epsilon PS e.K. virtual server physically functioning. Epsilon PS e.K. does by default not offer technical support for application specific issues such as application configuration, cgi programming, web or mail server configuration (other than our base LAMP and LEMP stacks), or any other such issue. Epsilon PS e.K. does not provide technical support to your customers. Please feel free to check our documentation or ask for help in our chat.

KVM Instances and qemu-guest-agent

In order to use our services you are required to keep the qemu-guest-agent software running in any KVM VPS instance you have with us. If you remove or disable the qemu-guest-agent from your server, almost all functionality in our cloud will break and we will be unable to provide any support. For this reason, we require you to not disable or remove the qemu-guest-agent in order for us to provide our service. Failure to reactivate the qemu-guest-agent may lead to server deletion or account suspension.

Invoicing and Payment

You agree that Epsilon PS e.K. shall be permitted to charge your credit card on a monthly, annual, or other agreed upon basis in advance of providing services. Payment is due upon invoicing. Service may be interrupted on accounts that reach 10 days past due. Accounts that are not collectable by Epsilon PS e.K. may be turned over to an outside collection agency for collection.

The Subscriber is aware that Epsilon PS e.K. may prospectively change the specified rates and charges from time to time. Epsilon PS e.K. has the attitude that we will never adjust prices unless we are absolutely forced to do so. Let’s say if some weird new fee was invented by some entity we are liable to – say, new taxes or the like –  or if we haven’t adjusted prices for a number of years and inflation is eating away at our margins or operating costs have increased significantly in some fashion. In these scenarios we may be forced to change pricing on existing products. This is unlikely but cannot be ruled out will happen on rare occasions – likely with years apart.

Epsilon PS e.K. is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by Epsilon PS e.K. Currency exchange settlements will be based on agreements between you and the provider of your credit card. Refunds are issued if customer does not retain any active service and they are specifically requested via our contact form.
 

Use of Services

You may use our services, provided that you are of legal age to form a binding contract and are not barred from receiving such services under the laws of the EU or other jurisdictions. In order to access our services, you are required to provide current and factual identification, contact, and other information as part of the registration process. You are responsible for the confidentiality of your account information and for all activities that occur under your account. You are solely responsible for all content within your account. You agree to immediately notify Epsilon PS e.K. of any unauthorized use of your account or any other breach of security. Epsilon PS e.K. will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your account secure.

Acceptable Conduct

You are responsible for the actions of all users of your account and any data that is created, stored, displayed by, or transmitted by your account while using Epsilon PS e.K.’s hosting services. You will not engage in any activity that interferes with or disrupts Epsilon PS e.K.’s services or networks connected to Epsilon PS e.K. datacenters.

Account Cancellation or Suspension

Epsilon PS e.K. reserves the right to suspend network access to any customer if, in the judgment of the Epsilon PS e.K. network administrators, the customer’s server is the source or target of a violation of any of the other terms of service or for any other reason which Epsilon PS e.K. chooses. Epsilon PS e.K. will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference. Epsilon PS e.K. reserves the right to terminate service without notice for continued and repeated violations of the terms of service. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer’s machines were suspended.

If at any time it becomes necessary for Epsilon PS e.K. to cancel a customer’s service without cause, Epsilon PS e.K. will provide 30 days advance notice.

You may cancel the service at any time by writing to us via the Epsilon PS e.K. support systems. Accounts are canceled with a delay of up to 5 business days after confirmation.

Cancellation of service does not relieve Subscriber of responsibility for the payment of all accrued charges, as accounts cannot be deleted until you have deleted all servers in your account.

Upon cancellation of your service (deletion of a server or product) you will be refunded any unused time directly to the credit card used for the original payment if you paid directly with a credit card with Stripe. The refund may in some cases incur a small cancellation fee solely in order to cover the proportionate Stripe transaction fees charged in connection with the refund.

Missed payments

If payment is severly past our due payment date your server(s) will be flagged for deletion. Epsilon PS e.K. never lets an automated system auto-delete servers. Accounts are always reviewed by a human where we take many factors into account, such as how long you’ve been with us (your history) and track record in general. We will make best effort to reach out to you directly and make absolutely sure we do not delete your server by accident.

Network

Epsilon PS e.K. assigns Customers an Internet Protocol address for Customer’s use, the right to use that Internet Protocol address shall belong only to Epsilon PS e.K., and Customer shall have no right to use that Internet Protocol address except as permitted by Epsilon PS e.K. in its sole discretion in connection with the Services, during the term of this Agreement. Our allocation of IP addresses is limited by RIPE/ARIN’s policies. These policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses when the protocol supports name-based virtual hosts. What this means to you is that you MUST use name-based hosting where possible.

Limitation of Liability

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Epsilon PS e.K. and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that Epsilon PS e.K. shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Epsilon PS e.K. Subscriber further acknowledges that Epsilon PS e.K.’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall Epsilon PS e.K. be liable for any special or consequential damages, loss or injury. Epsilon PS e.K. is not responsible for any damages your business may suffer. Epsilon PS e.K. does not make implied or written warranties for any of our services. Epsilon PS e.K. denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Epsilon PS e.K.

Disclosure to Law Enforcement

The Terms and Conditions specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that Epsilon PS e.K. may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any court who sends us a valid Court Order, without further consent or notification to the Subscriber. In addition, Epsilon PS e.K. shall have the right to terminate all service set forth in this Agreement. If we at any time disclose information to law enforcement, such events will be listed on our warrant canary page.

Warranty Disclaimer

You agree that your use of Epsilon PS e.K.’s hosting services shall be at your sole risk. All services provided by Epsilon PS e.K. are available as is, without warranty.

Indemnity

Epsilon PS e.K. wishes to emphasize that in agreeing to the Epsilon PS e.K. Terms and Conditions, customer indemnifies Epsilon PS e.K. for any violation of the Terms and Conditions that results in loss to Epsilon PS e.K. or the bringing of any claim against Epsilon PS e.K. by any third-party. This means that if Epsilon PS e.K. is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against Epsilon PS e.K., plus all costs and reasonable attorney’s fees.

Notice

You agree that Epsilon PS e.K. may provide you with notices, including those regarding changes to the Terms and Conditions, by email, regular mail, or postings on Epsilon PS e.K. services.

Entire Agreement

The Terms and Conditions (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and Epsilon PS e.K. and govern your use of Epsilon PS e.K.’s services, superceding any prior agreements between you and Epsilon PS e.K. for the use of Epsilon PS e.K.’s services.

Choice of Law and Forum

The Terms and Conditions and the relationship between you and Epsilon PS e.K. shall be governed by the laws of the European Union without regard to its conflict of law provisions. You and Epsilon PS e.K. agree to submit to the personal and exclusive jurisdiction of the courts located within Germany and the European Union.

Waiver and Severability of Terms

The failure of Epsilon PS e.K. to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the party’s intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Epsilon PS e.K.’s services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.


For information on how we collect and use customer information, please refer to our Privacy Policy.