§1 Scope of Application

These Terms & Conditions govern the contractual relationship between Xmbhosting, located in Heinerscheid, Luxembourg, and its customers regarding hosting services and related products provided through xmbhosting.com.

By creating an account, placing an order, purchasing a service or otherwise using our services, the customer agrees to these Terms & Conditions.

A consumer is any natural person acting for purposes outside their commercial, business, professional or self-employed activity.

A business customer is any natural person or legal entity acting in the course of a commercial, business, professional or self-employed activity.

The contractual language is English, unless otherwise agreed in writing.

§2 Customer Account

1. An account is required to purchase and manage most Xmbhosting services.
2. The customer may be required to provide information such as an email address, username, password, name, billing information, address, telephone number and other information required for specific services or legal obligations.
3. The customer is responsible for ensuring that all information provided is accurate, complete and up to date.
4. Customers are responsible for keeping their account credentials confidential.
5. Xmbhosting customer accounts do not automatically expire. Customers may delete their account using available account-management functionality, subject to applicable legal retention obligations and outstanding contractual obligations.

§3 Services

Xmbhosting provides hosting and related online services, including game server hosting and other server-related services.

Depending on the purchased product, Xmbhosting provides access to virtual or dedicated server resources and associated management tools.

Service specifications, included resources, limitations and features are those displayed on the relevant product page at the time of purchase, unless otherwise agreed.

Xmbhosting may modify, improve, replace or discontinue individual technical components when reasonably necessary due to technical development, security, infrastructure changes or operational requirements.

Where a service must be replaced because the original product can no longer reasonably be provided, Xmbhosting will make reasonable efforts to provide an equivalent or comparable alternative.

Xmbhosting aims to maintain reliable service availability. Availability may be affected by scheduled maintenance, emergency maintenance, technical failures, upstream providers, network failures, force majeure or other circumstances outside Xmbhosting's reasonable control.

§4 Contract Duration, Renewal and Cancellation

1. Unless otherwise stated on the product page, hosting services are provided for the period purchased by the customer.
2. A service purchased for 30 days must be renewed by the customer before the end of the current paid period in order to remain active.
3. If the customer does not renew the service before the end of the paid period, the service may be suspended.
4. Following suspension, Xmbhosting provides a 7-day grace period during which the customer may settle the outstanding amount and reactivate the service.
5. If payment is not received within the applicable grace period, Xmbhosting reserves the right to permanently delete the affected server and its associated data.
6. Once a server and its data have been permanently deleted, Xmbhosting cannot guarantee recovery unless a separate backup service or backup-retention policy specifically provides otherwise.
7. Customers are responsible for monitoring their service expiration dates and ensuring that sufficient funds or a valid payment method are available for renewal.
8. The right of either party to terminate a contract for cause remains unaffected.

§5 Prices and Payment

1. Prices are displayed on the Xmbhosting website and apply at the time the order is placed.
2. Unless otherwise stated, displayed prices include any applicable legally required taxes.
3. Payment must be made using payment methods made available by Xmbhosting, which may include payment cards, PayPal and other supported payment methods.
4. Customers may add real funds to their Xmbhosting account balance where the balance/top-up functionality is available.
5. Account balance represents funds deposited by the customer for purchasing or renewing eligible Xmbhosting services.
6. Account balance top-ups are non-refundable , except where a refund is legally required by applicable mandatory law.
7. Account balance cannot be exchanged for cash or transferred to another customer account unless Xmbhosting expressly permits such transfer.
8. If an invoice or service payment remains unpaid, Xmbhosting may suspend the affected service in accordance with §4.
9. Xmbhosting reserves the right to change prices for future purchases or renewals. Price changes do not retroactively alter a period that has already been paid for.

§6 Consumer Withdrawal Rights

Where the customer qualifies as a consumer, mandatory statutory withdrawal rights under applicable Luxembourg and European Union consumer-protection legislation remain unaffected.

Where legally applicable, the customer may have a statutory withdrawal period for certain contracts concluded remotely.

If the customer expressly requests that a digital or hosting service begin before the expiry of any applicable withdrawal period, statutory rules concerning performance of the service and the loss or limitation of withdrawal rights may apply.

Nothing in these Terms & Conditions is intended to exclude or restrict mandatory consumer rights that cannot legally be waived.

Where a withdrawal right does not legally apply to a particular service, purchase or transaction, the customer will be informed where required by law.

§7 Customer Responsibilities and Acceptable Use

The customer must use Xmbhosting services in compliance with applicable Luxembourg law, European Union law, applicable international law, these Terms & Conditions and any additional product-specific rules.

Customers must not use Xmbhosting services to host, distribute, transmit or facilitate content or activities that are unlawful.

In particular, customers must not use the services for:

• Malware or malicious software distribution
• Fraud or scams
• Phishing
• Unauthorized access to systems or accounts
• Distribution of stolen or unlawfully obtained data
• Attacks against third-party systems
• Unauthorized cryptocurrency mining where prohibited by applicable service rules
• Activities intended to disrupt or damage networks or systems
• Distribution of unlawful or infringing content
• Content that violates applicable intellectual-property rights
• Threats, harassment or other unlawful activities

Customers must not deliberately use software, modifications, scripts, plugins or other applications that create an excessive or disproportionate load on the underlying infrastructure.

Customers are responsible for ensuring that all software, modifications, plugins, scripts and other content installed on their server are compatible with the service and legally authorized for use.

Xmbhosting may investigate, restrict, suspend or terminate services where there are reasonable grounds to believe that a customer is violating these Terms & Conditions or applicable law.

Where required by law or by a valid order from a competent authority, Xmbhosting may provide information to the relevant authorities.

§8 Backups and Data Responsibility

Customers are responsible for maintaining appropriate backups of their data.

Xmbhosting may provide backup functionality depending on the product purchased.

The availability of a backup feature does not constitute a guarantee that every file, configuration, database or other customer data can always be restored.

Customers should maintain independent backups of important data.

Xmbhosting shall not be responsible for data loss to the extent permitted by applicable law, particularly where the loss results from customer actions, software failures, unauthorized modifications, security incidents, force majeure or circumstances outside Xmbhosting's reasonable control.

§9 Suspension and Termination

Xmbhosting may temporarily suspend a service where payment is overdue, the service presents a security risk, the service violates these Terms & Conditions, the service is being used unlawfully, the service creates an excessive risk or load on Xmbhosting infrastructure, suspension is necessary to protect Xmbhosting or other customers, or suspension is required by a competent authority.

Where reasonably possible, Xmbhosting will inform the customer of the reason for suspension.

Suspension does not automatically cancel amounts already owed by the customer.

In cases of serious or repeated violations, Xmbhosting may terminate the contractual relationship immediately where legally permitted.

Where a service is suspended due to non-payment, the customer remains responsible for settling the applicable outstanding amount during the available payment/grace period.

§10 Liability and Limitation of Liability

Xmbhosting is liable for intent and gross negligence in accordance with applicable Luxembourg law.

To the extent legally permitted, Xmbhosting is also liable for negligent breaches of essential contractual obligations where such obligations are necessary for the proper performance of the contract and where the customer can reasonably rely on their performance.

In cases where liability is legally limited, Xmbhosting's liability shall be limited to foreseeable and typical damage.

Nothing in these Terms & Conditions excludes or limits liability where such exclusion or limitation is prohibited by mandatory law, including liability relating to death or personal injury.

Xmbhosting is not responsible for service interruptions or delays caused by circumstances outside its reasonable control, including natural disasters, major network failures, power outages, acts of war or terrorism, government measures, strikes, upstream-provider failures, Internet infrastructure failures or other force majeure events.

Internet communication cannot be guaranteed to be permanently available, uninterrupted or completely secure due to the nature of the Internet.

§11 Intellectual Property

All intellectual-property rights relating to the Xmbhosting website, branding, logos, software, design, documentation and proprietary materials remain the property of Xmbhosting or their respective rights holders.

Customers may not copy, reproduce, distribute, modify or commercially exploit Xmbhosting proprietary materials without prior authorization, except where permitted by law.

Customers retain ownership of content and data they lawfully upload to their services, subject to the rights necessary for Xmbhosting to provide the contracted services.

§12 Account Balance

Where available, customers may add real currency to their Xmbhosting account balance.

The balance can be used to purchase or renew eligible Xmbhosting products and services.

Account balance does not constitute a cryptocurrency, token, voucher or transferable financial instrument.

Account balance is not redeemable for cash.

Top-ups are final and non-refundable , except where a refund is required by applicable mandatory law.

Xmbhosting may restrict the use of account balance where fraud, abuse, chargebacks or other unlawful activity is suspected.

§13 Domains and Lifetime Products

Xmbhosting does not currently offer domain registration services.

Xmbhosting does not currently offer lifetime products.

If these types of products are introduced in the future, separate terms may apply.

§14 Changes to the Terms & Conditions

Xmbhosting may update these Terms & Conditions when reasonably necessary due to legal, technical, operational or business changes.

The updated Terms & Conditions will be published on the Xmbhosting website.

Changes will not remove mandatory rights already granted to consumers under applicable law.

Where legally required, customers will be notified of material changes.

§15 Privacy and Personal Data

Xmbhosting processes personal data in accordance with applicable Luxembourg and European Union data-protection legislation, including the General Data Protection Regulation (GDPR).

Details regarding the collection, processing, storage and protection of personal data are provided in the Xmbhosting Privacy Policy.

Customers are responsible for ensuring that any personal data they upload or process through their services is handled lawfully.

§16 Governing Law and Jurisdiction

These Terms & Conditions are governed by the laws of Luxembourg, subject to mandatory consumer-protection provisions applicable to the customer.

Nothing in these Terms & Conditions prevents a consumer from exercising rights or bringing proceedings in a jurisdiction where mandatory consumer law grants them such rights.

Where legally permitted, disputes shall be submitted to the competent courts of Luxembourg.

§17 Severability

If any provision of these Terms & Conditions is found to be invalid, unlawful or unenforceable, the remaining provisions shall remain in full force and effect.

The invalid or unenforceable provision shall be replaced, where legally possible, by a valid provision that most closely reflects the original economic and legal purpose.

§18 Contact

For questions regarding these Terms & Conditions or our services, please contact Xmbhosting: