Terms of Service
Last updated: May 2026
1. General Provisions
These Terms of Service govern the use of hosting services provided under the Skybyte.Cloud brand, operated by Marc Fischer Einzelunternehmen (see Imprint). By using our services, you agree to be bound by these terms. Our services include Virtual Private Servers (VPS), Dedicated Servers, Web Hosting, and related services.
2. Service Description
Skybyte.Cloud provides hosting infrastructure services including but not limited to:
- Virtual Private Servers (VPS) with various configurations
- Dedicated server rental and management
- Web hosting with storage and bandwidth
- DDoS protection services
3. Account Registration
To use our services, you must create an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
4. Prices and Payment Terms
Services are billed on a prepaid basis according to the billing cycle selected at order (monthly, quarterly, semi-annually, or annually). Applicable value added tax (VAT / Umsatzsteuer) is calculated and shown separately in the customer area before the order is completed. Accepted payment methods include credit cards, PayPal, SEPA bank transfer, and selected cryptocurrencies. Invoices are due upon receipt. Each service includes a fixed monthly bandwidth allowance as listed in the product specification; sustained exceedance may result in temporary network throttling and/or an overage charge billed at upstream rates. Customers will be notified before any overage surcharge is applied to a recurring subscription.
5. Contract Term and Renewal
The initial term of the contract corresponds to the billing cycle selected at order and begins on the day the service is activated.
For consumers within the meaning of § 13 BGB, the contract is automatically renewed for an indefinite period after expiry of the initial term and may then be terminated at any time with one (1) month’s notice. This corresponds to the requirements of § 309 No. 9 BGB as amended by the Gesetz für faire Verbraucherverträge.
For merchants, legal entities under public law, and special funds under public law, the contract is renewed for the same duration as the initial term unless terminated by either party with three (3) months’ notice before the end of the then-current term.
Notice of termination must be given in text form (e.g. by email to [email protected] or via the customer control panel). Consumers may additionally terminate ongoing contracts using the cancellation button provided in the customer control panel pursuant to § 312k BGB.
6. Right of Withdrawal for Consumers
Consumers within the meaning of § 13 BGB have a statutory right of withdrawal as described below. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business, or profession.
You have the right to withdraw from this contract within fourteen (14) days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (Marc Fischer Einzelunternehmen, Schustersdamm 2, 96450 Coburg, Germany, email: [email protected]) by means of a clear declaration (for example a letter sent by post, or an email) of your decision to withdraw from this contract. You may use the model withdrawal form below, but it is not obligatory. It is sufficient to send the notice exercising the right of withdrawal before the end of the withdrawal period.
If you withdraw from this contract, we shall reimburse all payments received from you without undue delay and at the latest within fourteen (14) days from the day on which we received notice of your withdrawal. We will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees for this reimbursement.
If you requested that performance of the services begin during the withdrawal period, you shall pay us an amount that is in proportion to what has already been provided up to the time at which you informed us of the exercise of the right of withdrawal in respect of this contract, compared to the total scope of services provided for in the contract.
The right of withdrawal expires prematurely in respect of a contract for the provision of services if we have completely performed the service and only began performing the service after you have given your express consent and at the same time confirmed your awareness that you lose your right of withdrawal upon complete performance of the contract by us. By selecting immediate provisioning during the order process, you give such express consent and acknowledge the loss of the right of withdrawal upon full performance.
Model Withdrawal Form
(Complete and return this form only if you wish to withdraw from the contract.)
To Marc Fischer Einzelunternehmen, Schustersdamm 2, 96450 Coburg, Germany, [email protected]: I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service (*): Ordered on (*) / received on (*): Name of consumer(s): Address of consumer(s): Signature of consumer(s) (only if this form is notified on paper): Date: (*) Delete as appropriate.
7. Acceptable Use Policy
The acceptable-use policy of our upstream network provider applies in parallel and is enforced through our service. You agree not to use our services for:
- Any illegal activities or content
- Distribution of malware or malicious software
- Spamming, unsolicited mass communications, mailbombing, or flooding
- Phishing, brute-force attempts, or credential stuffing
- Originating denial-of-service (DDoS/DoS) attacks or network-amplification abuse
- Port scanning, vulnerability probing, or security testing against systems you do not own or have not been authorised in writing to test
- Copyright infringement or intellectual property violations
- Activities that negatively impact other customers or our infrastructure
- Mining cryptocurrency without prior written approval
- BIOS or firmware modification, overclocking, or other hardware-level changes on dedicated servers without prior written approval
8. Data Protection
We process personal data in accordance with applicable data protection laws, including GDPR. Our data centers are located in Germany and comply with German data protection standards.
9. Termination
Either party may terminate services with appropriate notice. We reserve the right to suspend or terminate services immediately for violations of these terms. Final deletion of the underlying virtual machine, dedicated server, or other resource is performed by our upstream provider and may occur immediately upon termination. Customers are advised to retrieve all data before submitting a cancellation request; where operationally feasible we will provide a short retrieval window on request.
10. Limitation of Liability
The operator shall not be liable for indirect, incidental, or consequential damages, except in cases of intent, gross negligence, or breach of material contractual obligations. Liability for injury to life, body, or health, and under the German Product Liability Act (ProdHaftG), remains unaffected. Our total liability shall not exceed the fees paid for the affected service in the preceding 12 months.
11. Modifications
We reserve the right to modify these terms at any time. Significant changes will be communicated via email at least 30 days before taking effect.
12. Governing Law
These terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Insofar as permitted by law, the exclusive place of jurisdiction for disputes with merchants, legal entities under public law, or special funds under public law is Coburg, Germany. Mandatory consumer protection provisions of the user’s country of residence remain unaffected.