Terms of Service (TOS)
Effective Date: 11.01.2026
Welcome to NextHost. By accessing or using our hosting services, you agree to be bound by the following terms and conditions. Please read these terms carefully.
1. Prohibited Activities
The following activities are strictly prohibited on our platform:
- CSAM (Child Sexual Abuse Material): Hosting, distributing, or engaging in any activity related to child sexual abuse material.
- Weapons and Drugs: Hosting or distributing content related to the sale or distribution of weapons, drugs, or illegal substances.
- Malware: Distributing, storing, or hosting any form of malicious software, including but not limited to viruses, ransomware, or trojans.
- Email Marketing and Spamming: Engaging in unsolicited bulk emails, mass mailings, phishing, or any form of spamming.
Engagement in any of the above activities will result in immediate suspension or termination of your services without notice.
2. Misuse of Resources
Abuse of resources is not permitted. Examples include but are not limited to:
- Excessive Bandwidth Usage: Hosting resources such as speedtest servers that consume excessive bandwidth.
- Cryptocurrency Mining: Engaging in cryptocurrency mining or any high-resource activity that negatively impacts the performance and stability of our services.
- Performance Impact: Any activity that adversely affects the network, services, or performance of other customers.
Violations of resource usage may result in suspension or termination of services without prior notice.
3. Illegal Activities
Although NextHost does not enforce the Digital Millennium Copyright Act (DMCA) and permits network scanning (e.g., ZMAP), we reserve the right to terminate services under the following conditions:
- Abuse Reports: Any report of illegal activity through an abuse report that, upon review, is found to be unlawful.
- Violation of Law or TOS: If the service is used for activities that violate applicable laws or these Terms of Service, the service may be terminated without notice.
- Blacklist Listings: Services associated with databases tracking spam, malware, or other threats (e.g., Spamhaus or URLHaus) will be immediately suspended or terminated.
4. No Refund Policy
All payments are non-refundable. We do not offer refunds. In the event that a refund is approved, it will be issued as account credit for future use.
5. Payment, Default and Suspension
1. Scope of Application
1.1 The following provisions apply to all services provided by NextHost UG (haftungsbeschränkt) .
1.2 Certain provisions apply exclusively to:
Business Customers (B2B) within the meaning of § 14 German Civil Code (BGB), or
Consumers (B2C) within the meaning of § 13 German Civil Code (BGB).
2. Payment Terms – Business Customers (B2B)
2.1 Due Date
All invoices are due immediately upon issuance unless otherwise agreed in writing.
2.2 Default
If payment is not received by the due date, the Customer shall automatically be in default without further reminder in accordance with statutory provisions.
NextHost UG (haftungsbeschränkt) is entitled to charge statutory default interest pursuant to applicable law.
2.3 Suspension
In the event of late or incomplete payment, NextHost UG (haftungsbeschränkt) may suspend or restrict the affected services, in whole or in part, until full payment has been received.
Suspension does not release the Customer from payment obligations.
2.4 Termination
If payment remains outstanding for more than fourteen (14) days after the due date, NextHost UG (haftungsbeschränkt) may terminate the contract without further notice.
2.5 Reactivation
Reactivation of suspended services may be subject to a reasonable reactivation fee.
2.6 Set-Off and Retention
The Customer may only exercise rights of set-off or retention if the counterclaims are undisputed or legally established.
3. Payment Terms – Consumers (B2C)
3.1 Due Date
Invoices are due immediately upon receipt unless otherwise agreed.
3.2 Reminder and Grace Period
If payment is not made, NextHost UG (haftungsbeschränkt) will issue a payment reminder granting a reasonable grace period of at least seven (7) days.
3.3 Suspension
If payment remains outstanding after expiry of the grace period, NextHost UG (haftungsbeschränkt) may suspend the affected services provided that:
the outstanding claim is not disputed, and
suspension is proportionate to the breach.
The Consumer remains obligated to pay the agreed fees during suspension.
3.4 Termination
If payment remains outstanding after reminder and grace period, NextHost UG (haftungsbeschränkt) may terminate the contract in accordance with statutory provisions.
3.5 Reactivation
Suspended services will be reactivated once full payment has been received.
4. Upgrade Payment Protection
Service upgrades, add-ons, or plan modifications shall only be activated after full payment of the applicable upgrade fee.
Partial payments do not establish any entitlement to partial activation or temporary access to upgraded resources.
5. Immediate Suspension for High-Risk Activity
5.1 General Right of Protective Suspension
NextHost UG (haftungsbeschränkt) may immediately suspend, restrict, or disable services without prior notice where objectively justified and necessary to protect:
the security or integrity of its infrastructure or network,
compliance with applicable laws,
protection against abuse, fraud, or unlawful activity,
protection against significant operational, financial, or reputational risk.
5.2 Grounds for Immediate Suspension
Such suspension may occur in particular where services:
pose a significant security risk,
are associated with abuse reports or blacklist listings,
are subject to law enforcement inquiries,
are reasonably suspected of illegal activity,
involve fraudulent payment activity or significant chargeback risk.
5.3 Proportionality (Consumers)
With respect to Consumers, immediate suspension shall only occur where necessary and proportionate to prevent substantial harm.
5.4 Investigation
Suspension may be implemented as a precautionary measure pending investigation.
5.5 Liability During Suspension
The Customer remains responsible for all outstanding fees during the period of suspension.
Statutory liability rights remain unaffected. Liability exclusions or limitations shall apply only within the limits permitted under applicable law.
6.1 General Rule
In the event of suspension or termination due to:
violation of these Terms of Service,
abuse reports,
unlawful activity,
payment default,
high-risk activity,
blacklist listings,
no refund (partial or full) shall be granted.
6.3 Consumers – Statutory Rights
For Consumers, mandatory statutory rights, including rights of withdrawal under EU consumer protection law, remain unaffected.
If a Consumer explicitly requests immediate commencement of digital services before expiry of the statutory withdrawal period and acknowledges loss of the right of withdrawal, the right of withdrawal expires upon full performance of the contract in accordance with applicable law.
- Governing Law and Jurisdiction
7.1 Governing Law
These Terms shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
For Consumers residing in the European Union, mandatory consumer protection provisions of their country of residence remain unaffected.
7.2 Jurisdiction
For Business Customers, the exclusive place of jurisdiction shall be the registered office of NextHost UG (haftungsbeschränkt).
For Consumers, statutory jurisdiction rules shall apply.
8. Severability
Should any provision of these Terms be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.
9. Agreement
By using NextHost UG (haftungsbeschränkt) hosting services, you agree to comply with these Terms of Service. Failure to adhere to these terms may result in suspension or termination of your account.
For any questions, concerns, or disputes, please contact us:
Company: NextHost UG (haftungsbeschränkt)
c/o MDC Management #4627
Welserstraße 3
87463 Dietmannsried
Germany
Contact Information:
- Email: contact@next-host.de
- Support: support@next-host.de
- Abuse Reports: abuse@next-host.de
- Accounting: accounts@next-host.de
- Tel: 0163 691 4800 (No Support)
VAT ID: DE370298588
Represented by Owner: Justin Franke