Terms of Service
Lume-Hosting Terms of Service
Last Updated: May 25, 2025
Welcome to Lume-Hosting! These Terms of Service ("Terms," "ToS") govern your use of our website, hosting products, and services (collectively, the "Services") provided by Lume-Hosting ("Lume-Hosting," "we," "us," or "our"). By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Services.
1. Account Registration and Responsibilities
1.1. Account Creation: To use most of our Services, you will need to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
1.2. Account Security: You are responsible for safeguarding your account password and for any activities or actions under your account, whether or not you have authorized such activities or actions. You agree to notify us immediately of any unauthorized use of your account. Lume-Hosting cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation.
1.3. Eligibility: You must be at least 18 years old to use our Services, or the age of majority in your jurisdiction, whichever is greater. By using our Services, you represent and warrant that you meet this requirement.
2. Services and Contractual Agreement
2.1. Service Description: Lume-Hosting provides various hosting products and related services as described on our website. We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice, though we will endeavor to provide notice for material changes.
2.2. Contract Duration and Renewal:
- Our standard hosting products are offered on a monthly basis. The contract is automatically renewed for successive monthly periods unless terminated by either party in accordance with these Terms.
- You may choose to activate an automatic renewal subscription via PayPal if this option is made available for your selected Service. Specific terms related to PayPal subscriptions will be presented at the time of activation.
2.3. Service Availability: We aim to provide high service availability but do not guarantee uninterrupted service. Maintenance, technical issues, or other factors may temporarily affect service availability.
3. Payment, Fees, and Refunds
3.1. Fees: You agree to pay all applicable fees for the Services as specified at the time of purchase or renewal, in the currency specified. All fees are non-refundable except as expressly stated in these Terms or as required by applicable law.
3.2. Payment Methods: We accept payment via methods indicated on our website, which may include credit/debit cards and PayPal. By providing a payment method, you authorize us to charge the applicable fees on a recurring basis for subscription services.
3.3. Billing and Automatic Renewal: Services are billed in advance on a monthly basis. If you have activated a PayPal subscription for automatic renewal, your PayPal account will be charged automatically at the beginning of each renewal period. It is your responsibility to ensure sufficient funds are available in your PayPal account. You are responsible for keeping your payment information up-to-date.
3.4. Late Payments and Non-Payment: If payment is not received by the due date, Lume-Hosting reserves the right to suspend access to your Services. If payment is not made within a reasonable period after the due date (e.g., 7 days, with prior notification), Lume-Hosting reserves the right to terminate your account and automatically delete all associated data and services. We will attempt to notify you before such deletion, but it is your responsibility to ensure timely payment to avoid data loss. Lume-Hosting is not liable for any loss of data or damages resulting from service suspension or deletion due to non-payment.
3.5. Price Changes: We reserve the right to change our prices at any time. We will provide you with reasonable prior notice of any price changes. Your continued use of the Service after the price change constitutes your agreement to pay the changed amount.
4. Cancellation and Termination
4.1. Cancellation by You: Our hosting products are monthly cancellable. You can cancel your Service at any time. Cancellation will be effective at the end of the current monthly billing cycle for which you have paid. To cancel your Service, you must follow the cancellation procedures outlined on our website or contact our support team. If you have a PayPal subscription, you may also need to cancel the recurring payment agreement directly through your PayPal account to prevent future charges.
4.2. Termination by Lume-Hosting: We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Specific reasons for termination may include, but are not limited to: Non-payment of fees (as outlined in Section 3.4), Violation of our Acceptable Use Policy (Section 5), Illegal or fraudulent activities.
4.3. Effect of Termination: Upon termination, your right to use the Services will immediately cease. If your account is terminated, we may, at our discretion, delete all of your data, content, and configurations associated with your Service. It is your responsibility to back up your data.
5. Acceptable Use Policy (AUP)
5.1. Prohibited Activities: You agree not to use the Services for any unlawful or prohibited purpose. This includes, but is not limited to: Hosting or distributing illegal content (e.g., child pornography, pirated software, content infringing intellectual property rights), Sending unsolicited commercial email (spam), Engaging in activities that disrupt or interfere with our Services, network, or other users (e.g., DDoS attacks, malware distribution, phishing), Hosting content that is defamatory, harassing, abusive, or obscene, Attempting to gain unauthorized access to any systems or networks.
5.2. Resource Usage: You agree to use server resources in a reasonable manner that does not excessively consume resources or negatively impact other users. We reserve the right to suspend or terminate services for excessive resource usage.
5.3. Compliance with Laws: You are responsible for ensuring that your use of the Services complies with all applicable local, state, national, and international laws and regulations.
6. Data and Privacy
6.1. Your Data: You retain all ownership rights to your data hosted on our Services. We will not access, use, or disclose your data except as necessary to provide the Services, comply with the law, or as permitted by you.
6.2. Data Backup: While Lume-Hosting may perform periodic backups for its own disaster recovery purposes, you are solely responsible for creating and maintaining regular backups of your own data.
6.3. Privacy Policy: Our collection and use of personal information in connection with the Services is described in our Privacy Policy, which is incorporated by reference into these Terms. Please review our Privacy Policy to understand our practices.
6.4. Data Processing (GDPR): If you are processing personal data of individuals within the European Economic Area (EEA) or if GDPR otherwise applies, you are the "Data Controller" and Lume-Hosting is the "Data Processor." A Data Processing Addendum (DPA) may be required and will be made available to you if applicable. You agree to comply with all your obligations as a Data Controller under applicable data protection laws.
7. Intellectual Property
7.1. Lume-Hosting IP: All intellectual property rights in the Services, our website, and any Lume-Hosting proprietary software or technology are and will remain the exclusive property of Lume-Hosting or its licensors.
7.2. Your Content: You grant Lume-Hosting a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, display, and distribute your content solely for the purpose of providing the Services to you.
8. Limitation of Liability
8.1. Disclaimer of Warranties: THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. LUME-HOSTING DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
8.2. Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LUME-HOSTING, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
8.3. Maximum Liability: IN NO EVENT SHALL LUME-HOSTING'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF (I) THE AMOUNTS PAID BY YOU TO LUME-HOSTING FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY, OR (II) ONE HUNDRED U.S. DOLLARS (USD 100.00), OR THE EQUIVALENT IN YOUR LOCAL CURRENCY.
8.4. Exclusions: Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you to the extent prohibited by law.
9. Indemnification
You agree to defend, indemnify, and hold harmless Lume-Hosting and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
)10. Governing Law and Dispute Resolution
10.1. Governing Law: These Terms shall be governed and construed in accordance with the laws of Germany, without regard to its conflict of law provisions, unless mandatory provisions of your country of residence dictate otherwise.
10.2. Dispute Resolution: We encourage you to contact us first if you have an issue. Most disputes can be resolved informally. If a dispute cannot be resolved informally, you agree to submit to the exclusive jurisdiction of the courts located in Dortmund, Germany (or the competent court based on your consumer status, if applicable under mandatory law). For consumers in the European Union, the European Commission provides an online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr. Lume-Hosting is not obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
11. Changes to Terms of Service
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
12. Miscellaneous
12.1. Entire Agreement: These Terms, together with our Privacy Policy and any other legal notices or addenda published by us on the Service, shall constitute the entire agreement between you and Lume-Hosting concerning the Service.
12.2. Severability: If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
12.3. No Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Lume-Hosting's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
12.4. Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Lume-Hosting without restriction.
12.5. Notices: Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Lume-Hosting (i) via email (to the address that you provide) or (ii) by posting to the Service. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
13. Contact Information
If you have any questions about these Terms, please contact us at:
Lume-Hosting
Emrah Salifoski
c/o Postflex #7266
Emsdettener Str. 10
48268 Greven
Email: [email protected]