a) Service Categories

Mino offers the following service categories through its platform vps.direct:

• Virtual Private Servers (VPS): Virtualized server environments with dedicated resources including CPU cores, RAM, and storage space.
• Dedicated Servers: Physical server hardware exclusively assigned to individual customers with full administrative access.
• Additional Services: Including but not limited to monitoring, backup services, and technical support.

b) Overall Scope

Mino provides its customers with system resources including the agreed storage capacity, memory allocation, CPU cores, and network connectivity on virtual private servers or dedicated physical servers. Customers may use the system resources to which they are entitled at their own discretion, subject to the acceptable use policy outlined in these terms. Mino is responsible for establishing and maintaining the connection between the server infrastructure and the Internet. This allows customers to retrieve and manage their content via the internet. Mino provides—within its area of responsibility—bandwidth that corresponds to current state-of-the-art technology with connectivity for VPS services and dedicated bandwidth options for dedicated server customers. Mino takes technical and organisational measures to help ensure that third parties do not gain unauthorized access to customer information, including end-to-end encryption and advanced security protocols.

a) Access Credentials Management

Keep access data, such as combinations of user name and password, confidential and change the initial password immediately. Immediately means "without culpable hesitation". The password is regularly updated by the customer and adapted in its composition to the required security standards. Customers only share username and password with people who are supposed to have access to the virtual server. If customers suspect that access data is being used by third parties, the customer shall inform Mino immediately and change the password as soon as possible. If Mino has evidence of improper use and the password is repeatedly entered incorrectly, Mino will block access to the system. After clarification of the facts, Mino will issue new access data, which will be provided to the customer without delay.

b) Security & Threat Response

Customers shall ensure that the applications they use, such as programs or scripts, do not jeopardise the integrity of the infrastructure and security or the data stored in the virtual server environment. The customer shall inform Mino immediately if there is any suspicion of a threat to security. Mino is entitled to deactivate or uninstall applications such as programs and scripts or to interrupt the connection to the respective content. However, this is only permissible insofar as the action serves to repair or limit the damage. Mino will inform its customers of this without delay as far as possible and try to find amicable solutions.

c) Compliance with Law

Mino acts in accordance with the law. Customers are obliged to ensure that their content does not violate applicable law. Under no circumstances may customers violate criminal law provisions, official requirements, copyrights or other rights. Mino emphasises that it cooperates with law enforcement agencies and other authorities in order to uncover violations of the law, particularly when legally obliged to do so. If Mino becomes aware of serious violations of the law, it will immediately notify law enforcement authorities and initiate appropriate measures. Mino reserves the right to suspend the relevant servers immediately in the event of serious violations of the law. The customer will then receive an email explaining the reason for the suspension.

d) Information Duty

If Mino has taken measures that affect the rights of its customers, it will inform its customers of this immediately via email. The customer shall immediately provide Mino with all information required to clarify the facts. Customers shall indemnify Mino against any reasonable costs incurred in this regard.

a) Contract renewal and termination

Customers can renew their contract monthly. The contract is automatically renewed if payment is made to Mino for the subsequent billing period. Non-payment results in service suspension and eventual termination of the contract. Mino will send an invoice for the contract extension to the customer 7 days before the end of the current billing period. If the customer pays the bill, the contract is automatically extended. Failure to pay will result in suspension of the server after a 3-day grace period. Seven days after suspension, the server and all data will be permanently deleted unless payment is received.

b) Termination for extraordinary cause

Both parties may terminate the contract concluded between them without notice for good cause. For Mino, grounds for termination without notice shall be deemed to exist, in particular, if:

• Customers have not settled their invoice after the due date and grace period;
• Customers have violated laws and this violation constitutes a substantial infringement;
• Customers have violated the Acceptable Use Policy resulting in service disruption;
• Customers have engaged in activities that compromise network security or integrity.

Mino is entitled to suspend virtual servers when termination takes effect. In case of termination without notice, Mino shall retain the data on the server for retrieval by the customer for 7 days after sending the notice of termination, unless legal obligations require otherwise.

Effects of withdrawal

If you withdraw from this contract, we must return to you all payments we have received from you immediately and at the latest within fourteen (14) days of the day on which we received notification of your withdrawal from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you have received any services before the end of the withdrawal period, you must compensate us for a reasonable amount corresponding to the proportion of the services already provided up to the time at which you notify us of your withdrawal from this contract compared to the total scope of the services provided for in the contract.

a) Liability limitations

Mino is liable in accordance with the statutory provisions, if it acts intentionally or with gross negligence. In the case of simple negligence only insofar as a material contractual obligation has been breached. In this case, the liability of Mino is limited to foreseeable and typical damages. The contracting parties assume that typical damage does not exceed the remuneration to be paid by the customer in the period of 12 months for the respective service.

Nothing in these Terms shall limit or exclude Mino's liability (i) for intent or gross negligence, (ii) for injury to life, body, or health, (iii) under the German Product Liability Act (Produkthaftungsgesetz), (iv) for fraudulent concealment of defects, or (v) where a guarantee has been assumed.

b) Data backup responsibility

c) Third-party services

Mino shall not be liable for any disruptions in the telecommunication infrastructure, including internet connectivity, that are beyond our control. Liability for external network services is governed by the respective service providers' terms.