Legal
Terms of service
Usage rules, payments, and what you can expect from us.
THE BASICS
We provide hosting services to customers who use them responsibly and in accordance with our terms and our Acceptable Use Policy.
By using our services, you agree to these terms.
Eligibility: You must be at least 18 years old or the age of majority in your jurisdiction to use paid services.
FAIR USE POLICY
Only network/bandwidth is subject to fair use. Use it reasonably and don't abuse it.
Network/Bandwidth fair use:
- • Use bandwidth for legitimate hosting and business purposes
- • Don't use excessive bandwidth that impacts other users
- • We may limit bandwidth on extensive usage
- • We'll contact you if usage is concerning and work together to find a solution
In practice, normal hosting and business usage is fine. We're reasonable and will work with you if there's ever an issue.
Port speed vs. actual throughput: Any stated port speed (for example 1 Gbit/s, 10 Gbit/s, or similar) describes the physical uplink class or connection type to our network, not a guaranteed sustained transfer rate at all times. Network paths are shared with other customers and subject to fair use. Actual speeds depend on congestion, routing, remote endpoints, disk I/O, your own configuration, and third-party networks. Speed tests and benchmarks are indicative only and not a contractual performance guarantee.
CONTENT POLICY
We respect privacy and lawful use. We do not routinely monitor or police your server content; you remain responsible for what you host and must comply with applicable law and our Acceptable Use Policy. The following are strictly prohibited:
All services must be used in compliance with applicable laws and payment processor requirements. Violations will result in immediate termination and may be reported to relevant authorities.
ACCEPTABLE USE POLICY
What is allowed:
Privacy and legal compliance: We respect user privacy within the scope of these terms. We do not routinely monitor server content; you must comply with all applicable laws in your jurisdiction and where services are hosted. We respond to valid abuse reports and cooperate with law enforcement when legally required through proper channels.
VIOLATIONS & ENFORCEMENT
Consequences of violation:
- • Immediate service suspension without refund
- • Termination of account and data deletion
- • Reporting to law enforcement for illegal activity
- • Cooperation with payment processors for fraud cases
- • Permanent ban from our services
Reporting violations:
Report violations to lain@old.aluy.net. We investigate all reports and respond within 48 hours.
Law enforcement cooperation:
We comply with valid legal requests from law enforcement agencies. Requests must be submitted with proper jurisdiction and legal basis. Contact legal@old.aluy.net.
Payment compliance:
We comply with all applicable laws regarding payment processing, fraud prevention, and anti-money laundering. Bank transfers may require proper identification. All transactions are subject to verification and monitoring.
PAYMENT
INTELLECTUAL PROPERTY COMPLAINTS
If you have a valid legal complaint regarding intellectual property, contact lain@old.aluy.net with sufficient detail (work, URLs, authority to act). We will review valid legal requests.
DELIVERY & RELIABILITY
Provisioning timelines: VPS are provisioned instantly after payment verification. Dedicated servers and LIR services are not instant but we act fast (typically 24–72h subject to stock and configuration requirements). Identity verification may be required for bank transfers or when fraud prevention measures indicate it is necessary.
DATA & BACKUPS
Your responsibility: You are solely responsible for your content, databases, and configuration. We provide infrastructure only. Unless a product page explicitly states otherwise for a specific paid add-on, we do not provide guaranteed backups of your virtual machines or data. You must maintain your own independent backups (off-server or with another provider). Service availability, hardware, and human operations can never be risk-free.
No warranty of data recovery: We do not warrant that any particular file, snapshot, or service state can be restored after deletion, corruption, or outage.
SUPPORT & MANUAL OPERATIONS
When you ask us to perform actions on your account (cancellation, refunds, rebuilds, migrations, deletions, or similar), we act in good faith based on the identifiers and instructions you provide (order IDs, IPs, hostnames, ticket text). You are responsible for verifying that those identifiers match the service you intend to change. Ambiguous or conflicting instructions may delay or mis-route an operation; clarify before we proceed when in doubt.
Manual and support-led actions are performed with reasonable care but are not instantaneous or error-free in every case. Nothing in these terms promises a specific turnaround time for manual tasks unless we confirm one in writing for that specific request.
LIMITATION OF LIABILITY
Where mandatory law does not provide otherwise, our liability for damages arising from or in connection with these terms and the services is limited as follows:
- We remain liable without limitation for intent (Vorsatz) and gross negligence (grobe Fahrlässigkeit) where applicable law does not permit a cap, for injury to life, body, or health, and to the extent mandatory law (including consumer law) requires liability in other cases.
- Subject to the foregoing, our total aggregate liability for simple negligence is limited to compensation for typical, foreseeable damage for this type of contract, and in any case to an amount not exceeding the fees you paid us for the affected service in the twelve (12) months immediately before the event giving rise to the claim.
- We are not liable for lost profits, lost revenue, indirect or consequential damages, or loss of data to the extent you failed to maintain adequate independent backups as required above—except where mandatory law forbids such exclusion or limitation.
If any part of this section is or becomes invalid under applicable law, the remainder remains in effect to the fullest extent permitted.
CONSUMER RIGHT TO CANCEL
If you are a consumer, you have the right to cancel your purchase within 14 days without giving any reason. The cancellation period expires 14 days from the day after completion of the transaction.
To exercise your right to cancel, inform us by contacting lain@old.aluy.net before the expiration of the 14-day period.
Effect of cancellation: If you cancel, all payments received from you will be reimbursed without undue delay and no later than 14 days after we are informed of your cancellation decision. The reimbursement will use the same payment method as your original transaction at no additional cost to you.
Exception: Your right to cancel does not apply to the supply of digital content that you have started to download, stream, or otherwise acquire, or to products which you have had the benefit of.
For full refund policy details, see our Refunds & Cancellations page.
CANCELLATION & DATA DELETION
You may cancel subscription services in line with our Refunds & Cancellations page and the customer portal options.
Routine termination (end of billing period): Where you cancel so that the service runs until the end of the current paid period, customer data is typically scheduled for deletion within seven (7) days after that service end date. This is an operational target for our standard automated workflow, not a guarantee in every edge case.
Immediate termination: If you choose immediate cancellation or immediate deletion, or if we must terminate without notice for abuse, fraud, serious breach, non-payment, legal requirement, or operational necessity, data may be removed without waiting for that seven-day window.
Support-requested or manual changes: If you ask us in a ticket or otherwise to delete, migrate, or refund specific services, we will follow your confirmed instructions. Deletion may occur as soon as the action is carried out and may not follow the routine seven-day schedule. Confirm order/service identifiers carefully before we execute.
Errors and events beyond our control: Hardware failure, software bugs, third-party outages, or operational mistakes can result in loss of data despite our efforts. The backup and liability rules in these terms apply.
APPLICABLE LAW & JURISDICTION
Operator: These terms are offered by Julian Achter (Einzelunternehmer), trading as Aluy, Am Hang 55, 85737 Ismaning, Germany.
Governing law: Unless mandatory rules provide otherwise, these terms and the contractual relationship are governed by the laws of the Federal Republic of Germany and applicable European Union law (including GDPR and EU consumer rules where they apply to you).
EU consumers: Mandatory consumer protection rules of your country of residence remain unaffected where they apply and cannot be validly waived.
Jurisdiction: If you are a consumer, you may bring proceedings in the courts of your place of residence or in Germany as permitted by EU law. For business customers, the place of jurisdiction is Munich, Germany, unless otherwise required by mandatory law.
For legal identity, tax numbers, and contact details, see our Imprint.
CHANGES
Terms may change. We'll email you about major changes.