Terms of Service
What you get from us, and what we expect from you. Short version up top, full text below. The legal text is what counts, read it before you sign up.
Straight Terms. No Surprises.
* These terms say what you get from us and what we expect from you.
* We keep them clear and direct.
* No hidden clauses.
These are Hostner’s Terms of Service. They are written to be clear and honest. You know what you are getting, what we deliver, and what happens if something goes wrong. No hidden clauses. No fine print surprises.
Who are we?
Hostner is a European Dedicated Server (Bare Metal) hosting provider, focused on giving you control over your own infrastructure with privacy built in from the start. Reach us by email.
Hostner is a European dedicated server hosting provider, focused on giving you control over your own infrastructure with privacy built in from the start.
Legal entity: Hostner
Chamber of Commerce: 24352386
Registered address: Schuttevaerweg 101, 3044BA Rotterdam
VAT: NL812480909B01
If you have any questions about how we handle your data, email us at [email protected].
1. Definitions
Here is what we mean when we use key terms in this document.
- Terms and Conditions: This document, Terms and Conditions of Hostner.
- Hostner: Hostner is a European Dedicated Server hosting provider, registered with ID 24352386 in Rotterdam
- Hostner Equipment: Hardware and infrastructure owned by Hostner.
- Customer: You or your company, anyone purchasing or using services from Hostner.
- Agreement: Any binding agreement between you and Hostner, including what is agreed via email or the Order Form.
- Service(s): The dedicated server hosting services a customer has ordered from Hostner, including dedicated servers, bandwidth, and storage, as outlined in the Agreement or Order Form.
- Bandwidth: Data traffic measured using the 95th percentile method.
- Traffic: All incoming and outgoing data through Services.
- Power: The electricity consumed by the customer (measured in amps or kWh).
- 95th Percentile: The method used to calculate bandwidth usage, excluding the top 5% of traffic peaks.
- DoS Attack: A system overload caused by excessive access from a single computer.
- DDoS Attack: The same as a DoS, but launched from multiple systems at once.
- Downtime: A service interruption that affects your access or usage.
- Quotation: Any formal or informal pricing offer we send to you.
- Storage: The disk space we provide on our infrastructure.
- Service Location: Where your data lives and our services run.
- Spam: Any unsolicited bulk email.
2. When These Terms Apply
These terms apply to everything Hostner offers, unless we agree otherwise in writing.
2.1 These Terms and Conditions apply to all offers, proposals, agreements and services provided by Hostner, unless we have explicitly agreed otherwise in writing.
2.2 If there is ever a conflict between these terms and a signed agreement, the signed agreement takes priority.
2.3 Your own terms (or those of a third party) do not apply to us, unless we confirm it in writing.
2.4 If both our terms and yours apply, ours take precedence.
3. How the Agreement Is Formed
You enter into an agreement when you order a service, accept a quote, or sign a contract. We can decline any request.
3.1 Any offer or quote we send is non-binding unless otherwise stated.
3.2 Our quotes are valid for 30 calendar days from the date we send them, unless noted otherwise.
3.3 Only deviations from these Terms that are explicitly agreed in writing or by email will be valid.
3.4 You enter into an agreement with Hostner when you do any of the following:
1.Complete and submit an order via our website and accept the terms;
2. Accept a quote via email or on your customer dashboard;
3. Sign a written agreement and send it back to us.
3.5 We reserve the right to reject any service request, with or without explanation.
3.6 By agreeing to our services, you allow us to begin delivering immediately.
3.7 Either side may demonstrate proof of agreement by other means (email, logs, etc.).
3.8 Any changes to the agreement must be confirmed via email.
4. Term and Termination
You can cancel at any time. Payments already made are not refunded. After termination, your data is deleted.
4.1 Unless otherwise agreed in writing, all Agreements are entered into for an indefinite period, with a minimum term of one (1) month.
4.2 You enter into a binding contract by placing your order and accepting these Terms and Conditions. Hostner reserves the right to accept or decline your order within 5 business days of receiving it. A confirmation that we have received your order does not mean we have accepted it, nor that a contract has been established.
4.3 The Customer agrees to provide accurate and complete account information. Any changes must be reported to Hostner in writing within 14 calendar days. Hostner may request proof of identity or accuracy at any time.
4.4 The Customer may terminate the Agreement at any time, effective immediately or at the end of the current billing period. Termination must be submitted by email (from a verified address) or via the secure customer dashboard. No confirmation from Hostner is required for termination to take effect.
4.5 Payments are non-refundable unless required by law. Cancelling during an active billing period will not result in a partial refund. Services remain available until the paid term ends.
4.6 After termination, Hostner may immediately disable access to your services. All stored data, including backups, will be deleted as outlined in Section 13. We are not required to provide copies unless otherwise agreed in advance. If your service is terminated due to non-compliance, the process and consequences are outlined in Section 16.
4.7 Services automatically renew for the same billing period, unless cancelled before the renewal date. Renewal only becomes active once payment for the next period has been received in full. You are always in control of your subscription and renewal settings.
4.8 Hostner may terminate the Agreement without notice or legal intervention if:
1. The Customer is declared bankrupt, enters into legal debt restructuring, or loses control of financial assets;
2. The Customer uses content or services in ways that negatively impact the performance, security, or stability of our platform;
3. The Customer fails to meet payment obligations or violates core responsibilities;
4. The Customer breaches applicable laws, spreads discriminatory or harmful content, or sends spam.
4.9 If the Customer’s service is targeted by a DoS or DDoS attack, or otherwise poses a risk to network stability, Hostner may issue instructions that must be followed within
a specified timeframe. If not followed, Hostner reserves the right to suspend or disable affected services.
4.10 Transferring the Agreement or any contractual rights to a third party requires written approval from Hostner. We may verify the identity and legitimacy of both parties before granting consent.
4.11 If the Customer fails to meet their contractual obligations, Hostner may immediately terminate all Agreements without prior notice and without legal intervention. Hostner also reserves the right to seek damages, lost income, and recovery of all related costs.
5. Pricing
Prices are in euros, excluding VAT. We give 30 days notice before any price change.
5.1 All prices listed on our website or in agreements are in euros and exclude VAT, unless stated otherwise.
5.2 Prices shown in quotes, emails, dashboards, or documentation are subject to obvious typing or system errors. If something looks off, we will correct it.
5.3 Hostner may adjust its pricing for future billing terms. You will always receive a clear notice at least 30 calendar days in advance. New prices apply from your next renewal. If you do not agree with the new rate, you can cancel before the change takes effect.
5.4 Any additional costs related to your service setup, infrastructure, or specific requests will be clearly communicated in advance. These costs are your responsibility unless agreed otherwise.
6. Payment Terms
You pay in advance. We accept fiat and cryptocurrency. Late payment may result in your service being paused.
6.1 All services are billed in advance based on your selected billing cycle. Unless agreed otherwise, the default term is 1 month.
6.2 You will receive an invoice for each payment period. Invoices must be paid before the due date listed, usually 14 calendar days from the invoice date, unless stated otherwise.
6.3 If payment is late, we will notify you. If payment is not received after that, your service may be paused until the balance is cleared.
6.4 You can dispute an invoice within 5 business days of its issue by contacting us in writing. We will respond within 5 business days after reviewing it.
6.5 Payments can be made through the available methods in your dashboard, including cryptocurrency. You are responsible for making sure transactions succeed.
6.6 For direct debit payments, make sure your account has sufficient funds. Failed or reversed transactions may incur a € 15.00 administrative fee.
6.7 If a chargeback or unpaid amount remains unresolved, Hostner may initiate debt collection. You will be responsible for any related costs, including legal or administrative fees.
6.8 If your account is under legal review (e.g. bankruptcy, asset seizure), all open payments become immediately due.
6.9 Any accidental overpayment will be credited to your Hostner account balance unless you request a refund.
7. Service Availability & Maintenance
We aim for maximum uptime on hardware and network. Planned maintenance is announced in advance. We do not manage your software stack.
7.1 Hostner aims to provide uninterrupted access to its hardware and network infrastructure. Our systems are designed for reliability, and we monitor availability around the clock.
7.2 From time to time, we may need to perform updates or maintenance to improve performance or security. These actions are typically scheduled outside of business hours. Where possible, we will inform you in advance. Downtime due to maintenance is not eligible for compensation.
7.3 We regularly improve the Hostner platform. If an update significantly impacts existing functionality, we will notify you beforehand. Platform-wide changes apply to all users and cannot be excluded on an individual basis.
7.4 Some parts of our service rely on third-party networks, such as DNS, routing, or upstream connectivity. While we carefully select our partners, we cannot guarantee the availability of networks we do not control. Disruptions caused by external providers are outside of our responsibility.
7.5 If an unexpected outage occurs, Hostner will inform you of the nature of the issue, the services affected, and the estimated time to resolution.
7.6 If your usage poses a risk to the stability or security of our infrastructure, for example by generating abnormal traffic, using insecure configurations, or distributing malware, we may apply temporary technical restrictions. In such cases, we will notify you where reasonably possible.
7.7 Hostner is not liable for service disruptions caused by events beyond our control (“force majeure”). This includes, but is not limited to: illness of key personnel, internet outages, power failures, DDoS attacks, war, civil unrest, supplier issues, legal restrictions, or natural disasters. If such a situation lasts more than 30 calendar days, either party may terminate the Agreement without penalty.
8. Interruptions
If something goes down, we will tell you what happened and when it will be fixed. Response times depend on your SLA.
8.1 If an unexpected service interruption (Downtime) occurs, we will inform you as soon as possible by email or through your customer dashboard. We will include the type of issue, which service(s) are affected, and what you can expect from us.
8.2 Once you have reported an interruption, we will investigate and give an estimate for when the service will be restored. We do everything we can to resolve it quickly.
8.3 Response and recovery times depend on the Service Level Agreement (SLA) that applies to your specific service. If no SLA is in place, we will respond as soon as reasonably possible.
8.4 If full restoration is not possible right away, we may temporarily replace the affected service with an equivalent solution so you can keep going.
8.5 Only the remedies described in this section apply during an interruption. Any other rights, including financial compensation, are explicitly excluded, unless otherwise stated in our SLA or required by law.
9. Liability
Our liability is capped. We are not responsible for indirect losses. You must notify us quickly when something goes wrong.
9.1 Our liability for direct damages is limited to the total amount you paid to Hostner in the twelve (12) months before the event giving rise to the claim. In any case, the maximum compensation will not exceed € 5,000.
9.2 Hostner is not liable for indirect damage, such as lost profits, missed savings, business interruption, or loss of data unless required by law.
9.3 We are only liable if you have given us a written notice of the issue, described it clearly, and allowed us reasonable time to fix it, and we still did not.
9.4 We are not liable for damage caused by force majeure, misuse of software, or third-party tools you install or use.
9.5 Hostner can only be held responsible for intentional misconduct or gross negligence by its management.
9.6 Any claim for damages must be submitted in writing within 5 business days after the issue occurs. After that, we are no longer obligated to investigate or compensate.
9.7 You are responsible for keeping your account information up to date. If outdated info leads to damage or failed communication, that is your responsibility.
9.8 You indemnify Hostner for any third-party claims that result from your use of our services, especially if they involve unlawful activity, misuse, or contractual breaches on your side.
10. Insurance
We carry professional liability insurance. You are responsible for insuring your own data and equipment.
10.1 Hostner maintains professional and liability insurance that covers our operations during the full term of your Agreement.
10.2 You are responsible for insuring your own equipment and data. That includes protection against theft, damage, loss, or failure, whether stored with us or managed remotely.
10.3 If we request it, you must provide proof of your active insurance coverage.
10.4 Any damage to your equipment or data is your responsibility, unless we are legally liable under Section 9.
11. Your Use of Hostner Services & Responsibilities
You are responsible for what you run on your server. Illegal content is never allowed. We may act on abuse reports.
11.1 You are responsible for what you store or share through our platform.
11.2 It is not allowed to publish or distribute illegal content. That includes copyrighted material without permission, hate speech, child exploitation, stalking content, and anything that violates Dutch or European law. This also applies to linking to such content, even if it is legal elsewhere.
11.3 Hostner follows a clear complaints process. If someone reports content you have shared, we may take it down, block access, or share relevant data with the proper authorities. You will be informed when possible.
11.4 If a complaint includes potential criminal activity, we may file a report and cooperate fully with authorities.
11.5 Repeated or serious violations may result in service suspension or contract termination without refund.
11.6 You are liable for any damages caused by the content you host or the way you use our services. That includes claims by third parties.
11.7 Do not interfere with other users, overload systems, or run processes that disrupt service. If needed, we will intervene to protect our network.
11.8 You agree to follow general internet conduct guidelines, like those outlined in RFC 1855.
11.9 Never share your Hostner account credentials with third parties unless agreed in writing.
11.10 If damage occurs because you violate these terms or use the platform improperly, you are responsible for the consequences.
12. Resource Use & Fair Limits
Your service has resource limits. Going over them may result in extra charges. Keep an eye on your usage.
12.1 We may set usage limits for compute, storage, power, bandwidth, or traffic. These resources do not roll over to the next month unless agreed otherwise. If you exceed your limits, extra fees may apply. You are responsible for keeping an eye on your usage.
12.2 Each service has a limit on the amount of storage, power, bandwidth and traffic included. If you go over this limit, we may charge for the extra usage. The current rates are always listed on our website.
12.3 We regularly check actual usage. If your usage consistently exceeds your limits, you will receive an invoice based on the additional consumption. Our system logs count as evidence unless you can prove otherwise.
12.4 We apply a Fair Use Policy to bandwidth usage. That means your usage must be reasonably balanced over time. If we detect excessive peaks or abnormal traffic patterns, we may limit your speed or temporarily pause your service.
13. Backups
Hostner is unmanaged. You are responsible for your own backups. We do not keep copies of your data.
13.1 Hostner provides unmanaged services. You are fully responsible for creating and storing your own backups. Hostner does not keep copies of your data unless explicitly agreed.
13.2 You are responsible for the integrity of your backups. We recommend testing them regularly.
13.3 After your service ends, we delete all data, including backups, unless otherwise agreed in writing. If you need access to final backups, make the request before your contract ends. Additional charges may apply.
14. Personal Data & Confidentiality
We handle your data as described in our Privacy Policy. We never sell your data. Sensitive information stays confidential.
14.1 We process your personal data to deliver our services, send invoices, and keep our systems safe and efficient. More on this is explained in our Privacy Policy.
14.2 We never share your data with third parties unless we are legally required to or it is necessary to provide your service, like payment providers or legal authorities.
14.3 Any information exchanged between you and Hostner, before, during, or after the agreement, is considered confidential if marked as such, or if it is clearly sensitive. This applies to both parties, and also to employees or third parties we involve.
14.4 We never look at your stored or transferred data unless it is needed for support, system integrity, or if we are legally obliged to do so.
14.5 If we suspect that the information you have provided is false or outdated, we may ask for verification. This helps us protect both your account and our network.
15. Intellectual Property
Our software, designs, and tools remain ours. You get the rights needed to use our services, and nothing more.
15.1 All software, documentation, designs, reports, and materials created or provided by Hostner, including improvements and tools, remain our property or that of our licensors.
15.2 You get the rights you need to use our services, and nothing more. Unless we agree in writing, you cannot copy, share, or modify our materials.
15.3 You may not remove or alter copyright, trademark, or confidentiality notices in any of our materials.
15.4 We may use technical protection (like licensing or access restrictions). You are not allowed to bypass or disable this.
15.5 If you use our content outside of the agreement, you will owe a fixed fine of € 5,000 per violation, in addition to any actual damages we suffer.
16. Service Suspension
If you break the rules or do not pay, we can pause your service. Your payment obligation continues during suspension.
16.1 We may temporarily disable or limit your service if you violate these Terms or do not meet your obligations, for example by missing payments or breaching usage policies.
16.2 If your service is suspended, your payment obligation continues until the issue is resolved.
16.3 Once the issue is resolved, we will restore your service as quickly as possible. If a reactivation fee applies, this must be paid in full before your service can resume.
16.4 If we detect repeated misuse of resources, such as extreme traffic spikes or abuse of trial credits, we may immediately terminate your service. We will always communicate our reasons clearly.
17. Complaints
Not happy with something? Tell us within 7 days. We will look into it and respond.
17.1 If you are not happy with a product, invoice, or service, let us know within 7 calendar days of delivery, issue, or discovery. Please include a clear explanation so we can look into it properly.
17.2 Complaints must be submitted by email or through your secure customer dashboard.
17.3 Filing a complaint does not pause your payment obligations.
17.4 If the complaint is valid, we will take one of the following actions:
1. Adjust the invoice;
2. Repair or replace the product;
3. Offer a refund;
4. End the agreement and refund what is fair.
18. Warranties
We stand behind our hardware. A standard 2-year warranty applies to physical products.
18.1 We stand behind our services and products. You can expect them to work as described, and we will do our best to resolve any issues quickly.
18.2 For physical products, a standard 2-year warranty applies, unless stated otherwise. For repairs, the warranty is 6 months.
18.3 If a product is proven faulty under warranty, we will either repair it, replace it, or refund you, depending on what makes the most sense.
18.4 Warranty does not apply if the product was damaged by misuse, moisture, power issues, or accidents; if you tried to repair or modify it yourself; if it was used with incompatible accessories; or if you did not follow the user guidelines.
18.5 Some third-party products come with their own warranty terms. If they differ from ours, those terms apply.
19. Acceptable Usage Policy
We want Hostner to be a fair platform for all. Read the Acceptable Use Policy to know what is and is not allowed.
We want Hostner to be a safe and fair platform for all. By using our services, you agree to follow our Acceptable Use Policy (AUP), which outlines what is and is not allowed, like spam, abuse, illegal content, or anything that disrupts the experience for others. We reserve the right to suspend or terminate services that violate these terms. You can read the full Acceptable Use Policy on our website. We may update it from time to time.
20. Beta Features
Beta features are in development. They may change or disappear. We always say when something is in beta.
Sometimes we give you early access to new features that are still in development. These beta features are offered as is and may change, break, or disappear without notice. We will always tell you when something is in beta, so you can decide whether to use it or wait for the stable version.
21. Inactive Accounts
We do not shut down inactive accounts automatically. After 12 months of no activity, we may contact you before closing.
We do not shut down inactive customer accounts automatically. But if your account has been unused for more than 12 months, we may contact you to check in. If we do not hear back, we reserve the right to close the account and delete data after another 30 days, but only after sending you a clear warning.
22. Alternative Dispute Resolution
If we disagree, we prefer to resolve it directly. If that does not work, you can use the EU dispute platform.
We would much rather talk than argue. If we ever disagree, we prefer to resolve it directly. If that does not work, you may also use an independent dispute resolution platform approved by the European Commission: ec.europa.eu/consumers/odr. This does not replace your right to go to court, but it can help you find a faster and fairer outcome.
23. Changes to These Terms
We give you at least 30 days notice before any changes take effect. If you do not agree, you can cancel.
23.1 We may update these Terms from time to time. If we make changes, you will get at least 30 calendar days notice before they take effect.
23.2 Minor edits, like clarifications or improvements that do not change your rights, may be applied without notice.
23.3 If you do not agree with the updated Terms, you can cancel your service before the changes take effect. By continuing to use Hostner’s services after the changes start, you accept the new Terms.
23.4 The latest published version of these Terms always applies, unless otherwise agreed.
24. Final Provisions
Dutch law applies. If part of these terms is invalid, the rest still stands.
24.1 If any part of these Terms turns out to be legally invalid, the rest still applies. We will replace the invalid part with a version that reflects its original intent as closely as possible.
24.2 These Terms and any agreement between you and Hostner are governed by Dutch law.
24.3 If legal steps become necessary, any disputes will be handled by the competent court in the Netherlands. That said, we strongly prefer to resolve things together, openly and directly, before it ever comes to that.
Questions?
Still unsure? Email us.
Still unsure about something? Want more details? We are happy to help. Just email us at [email protected].
September 26th, 2025 – v250901