Terms of Service

1.1 These General Terms and Conditions apply to all contracts regarding the provision of virtual servers (vServers/Rootservers), game servers, web space, and related services between BarryHosting and the customer.

1.2 Deviating or conflicting terms and conditions of the customer will not be recognized unless BarryHosting explicitly agrees to them in writing.

1.3 The contract language is exclusively German.

2.1 The presentation of products in the Provider's online store does not constitute a legally binding offer, but rather a non-binding invitation to order.

2.2 By submitting an order through the billing system (Paymenter) and clicking the "Order with obligation to pay" button (or similar), the customer makes a binding offer.

2.3 The contract is only concluded upon the explicit provision of the service or by a confirmation email. BarryHosting reserves the right to reject customer orders without giving reasons.

3.1 BarryHosting provides the customer with computing capacity and storage space on a server infrastructure. The exact scope of performance is determined by the product description at the time of the order.

3.2 We strive for an average server availability of 99.5% on an annual average. Excluded from this are planned maintenance work (which will be announced in advance where possible) as well as outages due to force majeure, DDoS attacks outside the normal filter spectrum, or errors that are not within the sphere of control of BarryHosting.

3.3 The customer is only entitled to the allocation of a dedicated IP address or specific server hardware if this was explicitly agreed upon in the product description.

4.1 The customer undertakes not to use the provided services for illegal or network-damaging purposes. The following activities are strictly prohibited on all systems:

• Operating crypto-mining (e.g., Chia, Monero) without explicit permission.
• Conducting or supporting network attacks (DDoS, port scanning, botnets).
• Hosting or distributing copyrighted material without a license (e.g., torrent trackers, file sharing).
• Storing or distributing illegal, extremist, racist, or pornographic content.
• Operating public proxies, VPN services, or Tor nodes, unless the product is explicitly declared for such use.

4.2 The customer is solely responsible for backing up their data (backups). BarryHosting assumes no liability for data loss unless a paid, automated backup service was explicitly booked.

4.3 Right to Suspend in Case of Violations: In the event of a violation of § 4.1 or if there is an acute threat of damage to the server infrastructure, BarryHosting is entitled to temporarily or permanently block the customer's product immediately and without prior notice. BarryHosting's claim to payment remains unaffected by this.

5.1 All prices specified are final prices. In accordance with Section 19 UStG (German Small Business Regulation), no value added tax (VAT) is charged or displayed on invoices.

5.2 Unless otherwise agreed, the services of BarryHosting are provided as prepaid services. The customer pays the amount in advance for the selected term.

5.3 Automatic Dunning Procedure & Deletion: If payment for a renewal is not received by the due date, the server will be automatically suspended by the system. If no payment is made within 3 days after the due date, BarryHosting is entitled to irrevocably delete the server along with all data contained therein. A claim for damages due to data loss does not exist in this case.

6.1 Prepaid contracts end automatically upon expiry of the prepaid term without requiring a termination notice.

6.2 For regular subscriptions, the notice period is 14 days to the end of the contract term, unless otherwise stated. Termination can be carried out directly online in the client area.

6.3 The right to extraordinary termination for good cause remains unaffected for both parties. A good cause for BarryHosting exists in particular if the customer severely violates the terms of use in § 4.

7.1 BarryHosting has unlimited liability only for intent and gross negligence. For slight negligence, liability is excluded—except in the case of injury to life, body, or health—provided that no essential contractual obligations (cardinal obligations) have been violated.

7.2 In the event of slight negligence, liability is limited to typical, foreseeable damage, up to a maximum of the amount paid by the customer for the current billing period.

7.3 Indemnification Clause: The customer shall indemnify and hold BarryHosting harmless from any third-party claims based on illegal use of the servers or violations of copyright and data protection rights by the customer. This also includes the costs of a necessary legal defense.

8.1 The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

8.2 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from this contract shall be the registered office of BarryHosting (or the competent court for 51688 Wipperfürth).

8.3 Should individual provisions of this contract be or become ineffective, the validity of the remaining provisions shall remain unaffected (Severability Clause).