Terms of Service

By using the lume-hosting.com website, you agree to follow our terms, obey the law, and ensure you comply with local regulations. If you don’t agree, you must not use this site. Content on this website is protected by copyright and trademark laws.

§ 1 Scope of application, definitions

(1) These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts concluded via our online shop between us, company Lume-Hosting [Emrah Salifoski, c/o Postflex #7266, Emsdettener Str. 10, 48268 Greven, no packets or parcels – we wont accept them] (hereinafter: "supplier" or "we") and you as our customer (hereinafter: "customer" or "you"). The GTC apply regardless of whether you are a consumer, entrepreneur or merchant. The version of the GTC valid at the time of conclusion of the contract shall apply.

(2) We do not accept deviating terms and conditions of the customer. This shall also apply if we do not expressly object to their inclusion.

(3) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural person or legal entity or partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding the contract.

§ 2 Customer account

(1) For the purchase and download of digital products, the customer must create a simple customer account free of charge. To do so, he enters his name, e-mail address and address in the registration form, determines a freely selectable password and accepts these GTC. Further data can be entered via the personal profile page after the customer account has been created. Each customer may only register once. The prerequisite for opening a customer account is that the customer is of legal age.

(2) After submitting the completed registration form, the customer will receive an automatically generated e-mail containing a hyperlink via which he can authenticate himself.

(3) The customer is obliged to choose a sufficiently secure password and to keep it secret. As soon as the customer becomes aware or should have become aware that his password is accessible to a third person, he must change the password immediately.

§ 3 Conclusion of contract

(1) The presentation and advertising of items in our online shop do not constitute a binding offer to conclude a purchase contract.

(2) The customer can select products, in particular Gameservers, VPS, Bots and Dedicated Servers from the provider's range and collect them in a so-called shopping basket by clicking on the button "add to shopping basket". By clicking on the button "order subject to payment", the customer submits a binding application to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual conditions by clicking on the button "Accept GTC" and has thereby included them in his application.

(3) The Provider shall then send the Customer an automatic confirmation of receipt by e-mail, in which the Customer's order is listed again and which the Customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the Provider has received the Customer's order and does not constitute acceptance of the application. The contract is not concluded until the Provider issues the declaration of acceptance, which is sent with a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of the order, GTC and order confirmation) shall be sent by us to the customer on a durable medium (e-mail or paper printout) (contract confirmation). The text of the contract will be stored in compliance with data protection laws.

§ 4 Delivery, availability of goods

(1) If no delivery time is specified in our online shop, the digital product is immediately available for download, provided that the purchase price has been paid in advance.

(2) If online delivery is not possible at the time of the customer's order, the supplier shall inform the customer of this immediately in the order confirmation. If the product is permanently not available, the supplier shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.

(3) If the product designated by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this immediately in the order confirmation.

§ 5 Prices, provision for download

(1) All prices stated on the website of the Provider are final prices according to § 19 UStG (German Small Business Regulation) and do not include value added tax.

(2) When purchasing digital goods, the Supplier shall make the goods available to the Customer by download via the Customer's account.

§ 6 Payment modalities

(1) The customer can pay by PayPal, direct debit, credit card, cash on delivery or credits.

(2) The customer can change the payment method stored in his user account at any time.

(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, he shall pay the supplier interest on arrears for the year at a rate of 5 percentage points above the base interest rate.

(4) The obligation of the customer to pay interest on arrears does not exclude the assertion of further damages caused by arrears by the supplier.

§ 7 Right of use

(1) Users are granted a non-exclusive, non-transferable right to use the services, including game servers, VPS, bots, and dedicated servers, for lawful purposes only. The services may be used for personal or commercial purposes as long as all activities comply with applicable laws and these terms. Internal VPNs are allowed exclusively to secure internal services or protect internal operations.

(2) The use of the services for illegal activities or hosting unlawful content is strictly prohibited. Users are not allowed to operate public VPN servers or provide VPN services to third parties. Activities such as DDoS attacks, spamming, crypto mining, or any other actions that harm the provider's network or violate fair use policies are forbidden. Modifying server software without prior authorization is also not permitted.

(3) Commercial use of the services is allowed under the condition that users do not resell or sublicense access without prior written approval from the provider. All commercial activities must comply with applicable laws and ensure that no third-party rights are infringed. Users are solely responsible for ensuring their business practices align with these terms.

(4) We, Lume-Hosting, stated as "The Provider" reserves the right to monitor usage and suspend, throttle or terminate services in cases of violations, including illegal activities or abuse of resources. High resource usage that impacts other users on shared environments may be restricted. The provider is not liable for any data loss, and users are advised to maintain regular backups of their data.

(5) The use of excessive CPU resources on VPS servers is not allowed. Any behavior that compromises the performance, stability, or reliability of the shared hosting environment is strictly forbidden. The provider retains the right to monitor resource consumption and take appropriate measures, such as limiting performance, temporarily suspending services, or terminating them entirely, if resource usage exceeds the limits defined by the chosen plan. Customers must ensure their resource usage aligns with the specifications of their plan. Breaches of these guidelines may lead to immediate suspension or termination of services without prior warning.

§ 8 Liability

(1) The provider excludes liability for damages claimed by the customer in connection with the use of rented services such as game servers, VPS, Discord bots, or dedicated servers. Exceptions to this exclusion are claims for damages arising from injury to life, body, or health, or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages caused by intentional or grossly negligent breaches of duty by the provider, its legal representatives, or agents. Cardinal obligations are those whose fulfillment is necessary to achieve the purpose of the contract.

(2) In the event of a breach of cardinal obligations caused by simple negligence, the provider shall only be liable for foreseeable damages typical for the contract. This limitation does not apply to claims related to injury to life, body, or health.

(3) The limitations of liability outlined in paragraphs (1) and (2) also apply to the legal representatives and agents of the provider if claims are made directly against them.

(4) The provider is not liable for disruptions in service availability caused by factors outside its control, such as force majeure, third-party attacks (e.g., DDoS), or technical issues caused by the customer. The customer is responsible for securing their data and ensuring proper use of the rented services.

(5) The limitations of liability do not apply if the provider has fraudulently concealed a defect or has assumed a guarantee for the quality of the service. Liability under applicable product liability laws remains unaffected. This version is tailored specifically for businesses offering rental services like game servers, VPS, bots, and similar products. It limits your liability while addressing common risks in hosting and server rental services.

§ 9 Data protection

You can find detailed information on data protection with us, in particular on the scope of the processing of your data and your legal rights, in our data protection declaration under: https://lume-hosting.com/privacy-policy

§ 10 Statutory right of withdrawal for consumers

Right of withdrawal: By placing your order, you expressly agree that we will begin executing the contract immediately after the purchase is completed. You also acknowledge that your right of withdrawal expires as soon as the digital goods or services (e.g., game servers) have been fully delivered or activated.

This means that after the activation or delivery of the digital goods, you are no longer entitled to withdraw from this contract or request a refund. However, you retain the option to terminate the product at the end of its contractual term in accordance with our cancellation policy.

To ensure clarity, we will confirm your waiver of the right of withdrawal and provide you with a copy on a durable medium (e.g., via email).

Consequences of revocation: If you withdraw from this contract, we will not provide any refund for the payments we have received from you. The product or service will remain fully available to you until the end of the agreed contractual period. No repayment will be made, and the terms of the contract will continue to apply until its expiration. Additionally, your product or service will be automatically terminated at the end of the contractual period without requiring further action from you. Upon termination, all associated data, including but not limited to server files and configurations, will be permanently deleted and will no longer be stored by us. It is your responsibility to back up any necessary data before the end of the contractual period.

Model Cancellation Form (If you wish to revoke the contract, please complete and return this form or submit a cancellation request via our billing portal at https://billing.lume-hosting.com/.) Lume-Hosting I/we () hereby revoke the contract concluded by me/us () for the purchase of the following goods ()/the provision of the following service () Ordered on ()/received on () Name of the consumer(s) Address of the consumer(s) Signature of the consumer(s) (only in the case of notification on paper) Date (*) Delete as applicable.

§ 11 European Dispute Resolution for Consumers

(1) We refer to the online dispute resolution for consumers pursuant to Article 14 (1) ODR Regulation: The European Commission provides a platform for online dispute resolution (OS), which you can access at http://ec.europa.eu/consumers/odr/. Here you can enter into the out-of-court settlement of consumer disputes arising from online contracts.

(2) We are not willing or obliged to participate in a dispute resolution procedure before a consumer arbitration board.

§ 12 Applicable law and place of jurisdiction

(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.

(2) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the supplier. Otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.

(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The invalid points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract shall, however, become ineffective as a whole.

§ 13 Abuse

(1) If abuse of our services is detected, the affected customer will be notified via email. The customer has the opportunity to respond to the matter within 48 hours. If no response is received within this timeframe, we reserve the right to suspend or terminate the affected services. Additionally, we reserve the right to deactivate or delete the user's account.

(2) We reserve the right to disclose user data to relevant authorities or third parties if necessary in connection with the abuse.

(3) If you become aware of any abuse of our services, you are required to report it immediately.

(4) Abuse reports can be sent to the following address: [email protected]

Applicability of Terms of Service

These Terms of Service apply to the following websites and all webpages associated with or related to Lume-Hosting!