General Terms and Conditions (GTC) of RespawnHost.com

Status: 2026-06-08

Provider and Contracting Party:

RespawnHost.com Owner Joshua Gerke Am Sandberg 14 38442 Wolfsburg Germany

E-Mail: contact@respawnhost.com Web: www.respawnhost.com

(hereinafter referred to as "Provider")

§ 1 Scope and Definitions

(1) These General Terms and Conditions (GTC) apply to all contracts for the provision of game server hosting services via the Provider's prepaid system concluded between the Provider and the customer (hereinafter referred to as "User").

(2) These GTC apply to both consumers (§ 13 BGB) and entrepreneurs (§ 14 BGB), unless a differentiation is made in the respective clause.

(3) Conflicting or deviating conditions of the User are not recognized by the Provider unless he has expressly agreed to their validity in writing.

§ 2 Subject Matter of the Contract, Scope of Services

(1) The subject matter of the contract is the provision of resources for renting game servers (hereinafter "Services") via a prepaid system.

(2) The Provider operates a credit-based hosting system (prepaid model). Users can purchase credit in Euro, which will be credited to their user account. This credit is used exclusively for the settlement of services offered by the Provider. A payout of the credit is generally excluded, except in the case of an effective revocation of the credit purchase or upon termination of the contractual relationship regarding any remaining balance deposited by the user.

(3) The user may create, configure, start, stop, and delete game servers via their customer account at any time, as long as their credit balance is sufficient to cover the incurred costs.

(4) The billing of the game servers takes place in Euros according to one of two billing models that the User selects when creating the respective server (Fixed Package or Pay-as-you-go; details are governed by § 4d). Under the Pay-as-you-go model, billing is conducted on a per-second basis; it begins with the start of a server and continues until the server is actively stopped or deleted by the User. Merely not using or leaving the game on a running server does not end the billing. Under the Fixed Package model, the fee for the selected term is billed in advance irrespective of actual usage.

§ 3 Conclusion of Contract and User Account

(1) The presentation of the services on the Provider's website does not constitute a legally binding offer, but an invitation to submit an offer (invitatio ad offerendum).

(2) The user contract is concluded by the successful registration of a user account on the Provider's website. The User is obliged to provide truthful and complete information during registration and to update this immediately in the event of changes.

(3) The User is responsible for keeping his access data (especially the password) confidential and is liable for all activities that occur via his user account, insofar as he is responsible for them.

§ 4 Prepaid System and Payment

(1) The use of paid services requires a sufficient balance on the user account.

(2) The recharge of the user account takes place via the payment methods specified on the Provider's website. The contract for the repurchase is concluded as soon as the Provider has received the User's payment and credited the credit to the user account.

(3) The prices for the services are shown in Euros and can be viewed on the Provider's website.

(4) Under the Pay-as-you-go billing model (§ 4d), the Provider only charges fees for game servers for periods during which the server is online. If a game server for which no ongoing Fixed Package fee accrues is not started for more than seven (7) days, the Provider is entitled to move the User's server files to a free-of-charge archive storage. The game server itself, its configuration, ports, and connection IP address remain fully preserved. The User can reactivate the server at any time via the dashboard. Servers under the Fixed Package model are archived in this manner at the earliest after the end of their paid term.

Since no usage fees are charged for offline and archived servers, the free retention of this data is limited to a maximum of sixty (60) days. If the server remains in the archive for a total of 60 days without reactivation, the archived game server data and all associated free backups will be irrevocably deleted — this expressly applies even if the User still has a positive account balance. The User will be notified by email no later than 15 days and again 5 days before the final deletion. Credit that has already been used will not be refunded.

(5) Purchased credit does not expire as long as the user account exists.

(6) Bonus credit that has been credited to the User under the Bonus Sweepstakes (see the separate sweepstakes terms) or under other free-of-charge promotions (e.g., voucher codes, bonuses or goodwill) shall be consumed with priority over self-funded credit when settling incurred usage fees. This does not apply to services relating to domains, in particular the registration, renewal, transfer and restoration of domains: these services cannot be paid for with bonus credit, but exclusively with self-funded credit. If the self-funded credit is insufficient to cover the domain costs, the respective service cannot be used or an automatic renewal cannot be carried out, even if bonus credit is available. If the User exercises a statutory right of withdrawal in respect of a credit deposit or requests a refund of a remaining balance pursuant to § 6 paragraph (2), the value of bonus credit already consumed up to that point shall be deducted from the refund amount of the self-funded credit.

§ 4a Backups

(1) The User may create both free-of-charge and paid backups of their game servers. Free-of-charge backups are automatically and irrevocably deleted sixty (60) days after their creation.

(2) Paid backups are billed at 0.10 € per gigabyte and month and deducted from the User's credit, with a minimum fee of 0.10 € per month per backup. Billing is conducted on a per-second basis and charged to the credit account hourly. As long as the credit is sufficient to cover the ongoing costs, paid backups remain stored without any expiration.

(3) If the User's credit is no longer sufficient to continue the paid storage of a backup, the affected backup is automatically downgraded to the free-of-charge tier. From the moment of the downgrade, the 60-day period stated in paragraph (1) applies again. The User will be notified by email in advance of any such downgrade.

(4) The archiving according to § 4 paragraph (4) and the creation of free-of-charge backups according to this § 4a are voluntary additional services of the Provider. The Provider strives for the highest possible availability; however, these services do not relieve the User of their obligation to back up their own data in accordance with § 7 paragraph (3). Paid backups according to paragraph (2) provide enhanced, redundant storage; however, mandatory liability of the Provider for data losses not based on intent or gross negligence is also excluded here.

§ 4b Domains

(1) Insofar as the Provider offers the registration, renewal, transfer and administration of domains, it acts solely as an intermediary between the User and the competent registration authority (Registry) or the accredited registrar (Vautron Rechenzentrum AG). Upon registration of a domain, the User enters into a direct contractual relationship with the competent Registry and/or the Registrar and accepts their respective applicable registration conditions, the policies of ICANN, and any dispute resolution procedures (e.g., UDRP/WIPO).

(2) There is no entitlement to the allocation of a specific domain. The Provider has no influence over the actual allocation or its timing and gives no warranty that a requested domain can be registered or is free from third-party rights. No check is carried out as to whether the desired domain infringes third-party rights; this is the sole responsibility of the User.

(3) The User is obliged to keep the data stored for the domain holder (Owner) as well as the admin and tech contacts accurate, complete and up to date at all times, and to remain reachable at the email address provided. Outdated or incorrect data may lead to additional costs, suspensions or the loss of the domain. The contact email address provided may not be operated under the managed domain itself.

(4) Unless otherwise stated, the contract term of a domain is twelve (12) months. If automatic renewal is enabled, it is extended by this period in each case.

(5) The Provider operates a prepaid model and is obliged to pay the renewal fees to the Registrar in advance. The renewal of a domain is therefore processed ahead of the actual expiry date. The User must ensure that sufficient self-funded credit to cover the renewal and processing costs is available in their account no later than thirty-three (33) days before the expiry or renewal date. Domains cannot be paid for with bonus credit (§ 4 paragraph 6).

(6) The Provider will notify the User by email several times in good time before this cut-off date (typically 60, 45 and 38 days before expiry) of the upcoming renewal and of any insufficient credit. These reminders are a voluntary service and do not release the User from their obligation to top up in good time. If, on the relevant cut-off date (thirty-three (33) days before expiry), insufficient self-funded credit is available, automatic renewal will be deactivated and the domain will be closed (Close) or returned to the competent Registry as of the expiry date. A closed domain may be re-registered by third parties. The Provider is not liable for any losses or damages resulting from this.

(7) For the transfer of a domain to another provider, an authorization code (auth code) is required for many TLDs, which the Provider makes available to the authorized domain holder upon request. Closures (Close) and transfers must be ordered in good time; in particular, a closure must be submitted at least thirty (30) days before the renewal date.

(8) In the event of a transfer or closure (Close) of a domain during an already paid term, domain fees already paid will not be refunded, not even on a pro rata basis.

(9) A domain that has been closed accidentally or due to a lack of credit may, under certain circumstances, be restored within a period specified by the respective Registry (Restore). A restore is often associated with considerable costs to be borne by the User and cannot be guaranteed in all cases.

(10) The registration of premium domains is excluded. For domains administered manually or only semi-automatically (so-called exotic domains), secure operation, in particular timely renewal, cannot be guaranteed; their use for important web presences is discouraged. Liability for the loss of such domains is excluded.

§ 4c Virtual Servers (VPS)

(1) The Provider offers virtual servers (VServers, "Virtual Private Servers" / VPS) which share the physical resources (CPU, RAM, storage, network) of a host system with other virtual servers. The User is solely responsible for the administration, configuration, updating and securing of the VServer they operate, as well as the data and applications stored on it. The secure safekeeping of access data is governed by § 3 paragraph 3, and the general user obligations under § 7 apply in addition.

(2) The User may not operate any applications on the VServer that consume resources beyond the agreed extent or that impair the stability, security or availability of the host system or the VServers of other Users. In particular, the following is prohibited:

  • operating software for mining cryptocurrencies, unless the Provider has expressly consented in advance;
  • carrying out permanent load, stress or penetration tests without the prior written consent of the Provider;
  • operating proxy, anonymization or relay services (e.g. Tor exit or relay nodes or comparable nodes) that serve to obscure the origin of data traffic;
  • the mass sending of emails (mass mailing / spam) as well as operating masternodes or file-sharing or torrent services;
  • operating applications or services that violate applicable law or infringe the rights of third parties.

(3) In the event of a justified suspicion of misuse, of excessive resource usage endangering the overall system, or of a breach of paragraph 2, the Provider is entitled to temporarily throttle the performance of the affected VServer or to temporarily suspend access. The Provider will, where possible, inform the User of this without undue delay. Further rights (in particular under § 7) remain unaffected.

(4) The Provider assumes no liability for data losses or security breaches resulting from inadequate administration, configuration or backup of the VServer by the User. The User's obligation to back up their own data under § 7 paragraph 3 remains unaffected.

§ 4d Billing Models for Game Servers (Fixed Package and Pay-as-you-go)

(1) For each game server, the User selects one of two billing models when creating it. The selected model applies to the respective server. The costs incurred are transparently displayed to the User in Euro before creation and are deducted exclusively from the credit balance (§ 4). Which models are available for a package is shown in the customer area before creation; not every package can be booked under both models. The Provider may offer individual packages – in particular resource-intensive packages – exclusively as a Fixed Package.

(2) Fixed Package (fixed term). With the Fixed Package, the User selects, in addition to the package, a fixed term to be paid in advance of 30, 90 or 180 days. The full fee for the selected term is deducted from the credit balance immediately and in advance, both upon creation and upon each renewal, irrespective of whether and for how long the server actually runs within the term. For longer terms, the Provider may grant a discount on the effective monthly price; the respective applicable terms, prices and discounts are shown in the customer area before creation.

(3) Renewal and termination of the Fixed Package. If automatic renewal is enabled, the server is renewed at the end of the paid term by the selected term, provided that sufficient credit is available at that time; the fee for the new term is then deducted again in advance. The Provider will notify the User in good time in text form (e.g. by email) before an automatic renewal of the upcoming renewal date and the fee incurred. The User may terminate a Fixed Package at any time effective at the end of the current, already paid term, or deactivate automatic renewal at any time up to the renewal date; in this case the server remains usable until the end of the paid term. Fees already paid for the current period will not be refunded – not even on a pro rata basis – in the event of termination or premature deletion by the User. If the credit is insufficient for automatic renewal or if the renewal does not take place, the server will be suspended at the end of the paid term and subsequently archived in accordance with § 4 paragraph (4) and deleted after the period stated there has elapsed. The User will be notified of this by email in good time where possible.

(4) Pay-as-you-go (per-second billing). Under the Pay-as-you-go model, the server is billed on a per-second basis and exclusively for the periods during which it is online (started); a stopped server does not incur any usage fees. The effective price per hour of use is significantly higher than the calculated hourly price of a comparable Fixed Package (flexibility surcharge). The respective applicable hourly price is shown before creation.

(5) Restrictions for Pay-as-you-go. To protect against abuse and to safeguard capacity planning, the following additionally applies to the Pay-as-you-go model: (a) A Pay-as-you-go server can only be started if, at the time of starting, the User's credit covers at least the usage fee for four (4) hours of the selected package. (b) The number of Pay-as-you-go servers operated simultaneously is initially limited to three (3) per user account. The User may request an increase of this limit at any time via a support ticket; the Provider decides on this at its reasonable discretion.

(6) If the credit is insufficient to cover the ongoing or due fees, the Provider is entitled to suspend the affected server and to archive and delete it in accordance with § 4 paragraph (4). The User will be notified of this by email in good time where possible.

§ 5 Prices, Billing, and Price Adjustment

(1) The costs incurred for the individual gameserver services are transparently displayed to the user in Euro before ordering or creating a server. Billing is conducted by deducting from the credit account according to the billing model selected by the User (§ 4d) in accordance with § 2 of these Terms and Conditions.

(2) Price Adjustment

a) The Provider is entitled to change the prices for the services offered with a notice period of six (6) weeks. Such a price adjustment is permissible if the costs incurred for providing the services (e.g., costs for energy, hardware, data center capacities, personnel, or taxes) have demonstrably changed after the conclusion of the contract.

b) The Provider shall notify the user of the price adjustment in text form (e.g., via email or a notification in the user account) at least six (6) weeks before it takes effect.

c) In the event of a price increase, the user has a special right of termination. The user may terminate the contract without notice at the time the price increase takes effect. If the user does not exercise this right and continues to use the services after the announced date of the change, the price adjustment shall be deemed accepted by the user. The Provider will specifically point out this legal consequence in the notification of change.

d) Price adjustments due to a change in the statutory value-added tax (VAT) shall become effective immediately at the time of the change without requiring separate notification or consent, provided that only the tax rate change is passed on.

e) If the Provider introduces new tariffs or billing models, it may provide for existing servers a legacy price that continues to apply for a transitional period of at least ninety (90) days from the entry into force of the change. After this period has elapsed, the new price applies as of the next billing or renewal. The special right of termination under letter c remains unaffected.

§ 6 Term and Termination

(1) The user contract is concluded for an indefinite period.

(2) The user may terminate the user agreement at any time without giving reasons by deleting their user account using the designated function in the customer area. Upon deletion of the account, all active services will be terminated and all associated data, including any saved game states, will be deleted. Any remaining balance at the time of contract termination that was deposited by the user against payment will be refunded upon the user's request. Credit that the user received free of charge (e.g., through voucher codes, bonuses, or goodwill) is excluded from such refund.

(3) The right to extraordinary termination for good cause remains unaffected for both parties. A good cause for the Provider exists in particular if the User seriously or repeatedly violates his obligations under § 7 of these GTC.

(4) Multiple or systematic deposits whose sole or predominant purpose is the acquisition of bonus points, lootboxes or other bonus benefits shall constitute abusive use of the prepaid system. Where such abuse exists, any bonus credit issued to the User shall lapse without compensation; furthermore, the claim to a refund of deposited credit pursuant to paragraph (2) shall be excluded. The right to extraordinary termination pursuant to paragraph (3) remains unaffected.

§ 7 Obligations of the User

(1) The User is solely responsible for the content stored, published or transmitted by him on the servers. He undertakes not to misuse the services. In particular, he is prohibited from:

  • Storing or distributing content that violates German law, in particular the Criminal Code, the Copyright Act, the Trademark Act or the Youth Media Protection State Treaty.
  • Using servers for attacks on third parties (e.g. DDoS attacks, brute force attacks), for scanning networks or for operating services that endanger the stability of the overall system (e.g. unauthorized mining software).
  • Reproducing, distributing or making publicly available copyrighted works without the permission of the copyright holder.
  • Sending spam e-mails.
  • Using the provided "Fair-Use" storage space for storing files that have nothing to do with the game server (e.g. as a Google Drive replacement).

(2) The User indemnifies the Provider against all claims by third parties that they assert due to a violation of the obligations mentioned in Para. 1 by the User. This also includes the reasonable costs of legal defense.

(3) The User is responsible for the regular backup of his data (e.g. game saves, configurations) himself. The Provider does not create backups of user data unless this is shown as a separate service.

(4) The Provider is entitled to temporarily block servers and/or the user account in the event of a justified suspicion of a violation of the obligations under Para. 1.

§ 8 Availability and Maintenance

(1) The Provider endeavors to provide the services as uninterruptedly as possible. However, a specific availability or uninterrupted accessibility is not guaranteed.

(2) In the event of malfunctions of the Provider's technical facilities, the Provider will work immediately to eliminate them within the scope of his technical and operational possibilities. However, the Provider is not responsible for service failures or delays that are outside his sphere of influence (in particular force majeure, fault of third parties, failure of public communication networks).

(3) Necessary operational interruptions for preventive or necessary maintenance work will be announced to the User in good time in advance if possible, e.g. by e-mail or by a notice in the customer area.

§ 9 Liability

(1) The Provider is liable without limitation for damages resulting from injury to life, limb or health that are based on a breach of duty by the Provider, a legal representative or vicarious agent, as well as for damages caused by intent or gross negligence.

(2) In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations), the Provider's liability is limited to the foreseeable damage typical for the contract. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the User may regularly rely.

(3) Otherwise, liability of the Provider is excluded.

(4) Liability under the Product Liability Act remains unaffected.

§ 10 Data Protection

The Provider processes personal data of the User for a specific purpose and in accordance with the statutory provisions (in particular the GDPR and the BDSG). Detailed information on the collection, processing and use of personal data can be found in the Provider's separate privacy policy, which is available on the website.

§ 11 Widerrufsrecht for Consumers

Consumers generally have a statutory right of withdrawal.

Cancellation Policy

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day of the conclusion of the contract.

To exercise your right of withdrawal, you must inform us (RespawnHost.com - Owner Joshua Gerke, Am Sandberg 14, 38442 Wolfsburg, Germany, E-Mail: contact@respawnhost.com) by means of a clear statement (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but it is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw 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.

Special Note on the Premature Expiry of the Right of Withdrawal:

Your right of withdrawal expires in the case of a contract for the supply of digital content which is not supplied on a tangible medium (e.g. the purchase of "Coins") if you have expressly consented to our beginning the performance of the contract before the withdrawal period has expired, and you have acknowledged that you lose your right of withdrawal by giving your consent with the start of the execution of the contract.

Model Withdrawal Form

(If you want to withdraw from the contract, please fill out this form and send it back.)

To: RespawnHost.com - Owner Joshua Gerke Am Sandberg 14 38442 Wolfsburg Germany E-Mail: contact@respawnhost.com

I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

Ordered on (*)/received on (*): Name of consumer(s): Address of consumer(s): Signature of consumer(s) (only if notified on paper): Date:

(*) Delete as appropriate.

§ 12 Amendments to the GTC

The Provider reserves the right to amend these GTC at any time. Amendments will be communicated to the customer at least four weeks before they take effect by email. If the customer does not object to the amendments within this period in text form, the amendments shall be deemed approved.

§ 13 Final Provisions

(1) The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

(2) If the User 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 contractual relationships between the User and the Provider is the Provider's registered office.

(3) Should individual provisions of this contract be ineffective or become ineffective, this shall not affect the validity of the remaining provisions.