Terms & Conditions (AGB)

VMHeaven is operated by:

• Only fully legally capable natural persons, partnerships, and legal entities may use the services without restriction.
• Minors may only use the services with the consent of their legal guardians.
• Usage rights of minors may be restricted or revoked if necessary.
• The Customer is solely responsible for keeping their account credentials (passwords, API keys, SSH keys) secure. VMHeaven is not liable for unauthorized access resulting from compromised credentials.
• The Customer must notify VMHeaven immediately if they suspect unauthorized access to their account.

• VMHeaven provides virtual servers, hosting services, and digital infrastructure.
• Software installation or custom configurations are provided on request only and billed separately.

The Customer agrees to comply with the Acceptable Use Policy (AUP), usage guidelines, and all other applicable policies at all times. The AUP governs in particular:

Violations of the AUP or these Terms may result in immediate suspension or permanent termination of all services, without prior notice and without entitlement to a refund. VMHeaven reserves the right to take additional legal action in cases of serious misconduct.

• Digital services are provisioned immediately upon order (e.g., server provisioning), causing VMHeaven to incur costs immediately.
• Upon provisioning, performance is deemed to have begun and the right of withdrawal lapses.
• Goodwill refunds are issued exclusively as credit on VMHeaven.io — never as cash or bank transfer.

• VMHeaven may use backups and redundancies (e.g., RAID).
• Responsibility for data backup lies solely with the Customer.
• No guarantee of completeness, availability, or restoration of data.

• No guarantee of 100% availability.
• Maintenance work is permitted.
• No compensation or damages for outages or downtime.

• VMHeaven may immediately suspend or terminate services for violations of the Acceptable Use Policy (AUP), including but not limited to: spam, DDoS attacks, malware distribution, phishing, botnet activity, or any other prohibited activity as defined in the AUP.
• Data may be disclosed to authorities when legally required.
• Botnet controllers are automatically terminated, e.g., via the Spamhaus API.
• Customers are liable for all damages caused by their violations of the AUP, including costs arising from abuse reports, legal proceedings, or infrastructure damage.

• VMHeaven collects standard virtualisation host metrics (CPU usage, RAM usage, disk I/O) provided by the Proxmox platform solely for service stability and capacity management.
• No packet content, traffic data, or application-level information is inspected or stored.
• No additional logging beyond what is technically required for network routing and abuse prevention is performed.

• Customers must submit support requests correctly and completely through the support system.
• VMHeaven is not liable for delayed processing due to incorrect or incomplete requests.

Liability only under German law:

• For damages arising from injury to life, body, or health due to intent or negligence.
• For other damages only in cases of intent, gross negligence, or fraud.
• No liability for input, transmission, or processing errors outside VMHeaven's control.
• Obvious errors (e.g., pricing) may be corrected at any time.
• In all cases, VMHeaven's total liability is limited to the amount paid by the Customer for the affected service during the 12 months preceding the event giving rise to the claim.
• VMHeaven is not liable for indirect damages, consequential damages, lost profits, or loss of data.

The Customer agrees to indemnify and hold VMHeaven harmless from and against any claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from:

• The Customer's use or misuse of VMHeaven's services
• Content hosted, stored, or transmitted by the Customer
• Violations of the AUP, these Terms, or applicable law by the Customer or their end users
• Third-party claims resulting from the Customer's activities on VMHeaven's infrastructure
• Infringement of intellectual property rights by the Customer

This indemnification obligation survives the termination of the contract.

VMHeaven is not liable for outages or delays caused by:

• Power outages, natural disasters, war, cyberattacks, data center issues, ISP outages.

• Customers may not misuse VMHeaven's name or logos.
• No acting "on behalf of VMHeaven".

• All services are prepaid and may be cancelled at any time.
• After expiration, servers are generally retained for 7 days.
• VMHeaven reserves the right to permanently delete servers including all data after expiration.
• Renewal occurs only after explicit payment.
• VMHeaven may terminate services immediately without notice (extraordinary termination) in cases of: material breach of these Terms or the AUP, illegal activity, non-payment, insolvency of the Customer, or repeated violations.
• Upon termination, the Customer's right to use the services ceases immediately. VMHeaven is not obligated to retain any data after termination.

• VMHeaven may modify these Terms if reasonable for the Customer.
• Acceptance is assumed if the Customer does not object within 4 weeks.
• In case of objection, VMHeaven may terminate the contract.

• German law applies.
• Jurisdiction: Germany.
• VMHeaven is not obligated to participate in consumer arbitration proceedings.