marbis GmbH
hereinafter referred to as “Nitrado“
Additional Terms and Conditions for marbis GmbH for the use of Cloud Server and Dedicated Servers

Last updated: 06/19/2017
Managing Directors: Marco Balle and Marcel Bößendörfer

General
In addition to the General Terms and Conditions (“GTC“), special rules for the use of cloud servers and dedicated servers (hereinafter referred to as "servers“) between Nitrado and the customers are agreed upon. The provision of the servers involves the use of a dynamic platform by the customer, which enables him to implement a virtual hardware and software infrastructure via this platform in a manner appropriate to his needs.
  1. Customers who rent a Cloud Server and/or Dedicated Server via Nitrado are responsible for the administration and maintenance of the server as well as the security of the rented server itself. It is the responsibility of the customer to install appropriate security software as well as to inform themselves regularly about known security gaps and to close safety gaps. The installation of maintenance programs or other programs or other programs provided by Nitrado does not exempt the customer from this obligation.
  2. Each customer is obligated to set up and manage its server in such a way that the security, integrity, and availability of the networks of other servers, software, and data of third parties is not jeopardized. In particular, but not exclusively, it is expressly prohibited to:
    • send spam emails
    • send emails without using the double opt-in procedure
    • use fake sender addresses for emails
    • provide the server to third parties
    • disseminate illegal and pornographic content (especially terror, left- and right radicals etc.)
    • employ file sharing services, mainly P2P file sharing
    • change the MAC address
    • intrude into third party computer systems (“hacking“)
    • mine crypto-currencies or similar proof-of-work calculations that exceed average CPU usage
    • sell stolen or fake account data (such as “account generators“, “alt gens“ or similar )
    • network scans
    • source IP spoofing
  3. We block TCP ports 25, 465 and 587 by default in order to prevent spammers from abusing our services. Customer who want to run their own mail server are welcome to do so - please contact our support. However, please note that running your own outbound mail server is a very laborious task if you need reliable mail delivery. You'll have to constantly monitor your IP reputation and delivery rates and make sure your server is correctly set up, including proper setup of DNS PTR records as well as SPF and DMARC policies. In addition to that, it will take a long time to gain reputation with major mail providers like Hotmail. For this reason, we recommend customers use a SMTP relay service like Mailgun or Elastic Email for outbound mail. Their free plans are sufficient for most use cases.
  4. IP protocols except TCP, UDP and ICMP are, by default, not available for both in- and outbound traffic. Examples of such IP protocols are ESP, GRE and IPIP. They are necessary for a few uncommon use cases like network tunnels. Since those protocols are commonly used for DDoS attacks, we filter them in order to protect our customers and prevent abuse. Our support will remove those filters for you, if necessary.
  5. Nitrado is entitled in case of a breach of this obligation by the customer to temporarily suspend the server. This also appies, in particular, to so-called denial of service attacks (DoS Attacks) which the customer executes via his server, and also in the event that the customer is not responsible for the harmful act or condition, for example if the server of the customer is maniuplated and used by third parties. A deliberate act of the customer entitles Nitrado to terminate the contractual relationship without notice.
  6. The customer assumes full and absolute liability for all third party applications installed on the server and any effects that such applications may have on their other applications, software, hardware, or devices.
  7. Nitrado explicitly points out that the customer has to keep backup copies of the content on the server. Nitrado is not responsible for the loss of content or data of the customer and accepts no liability for the accidental loss or deletion of data on the server. Nitrado shall not be liable for any disruption to the business or any other loss caused by the normal operation of the server.
  8. The customer is advised that, as part of the provision of servers, the obligation of Nitrado is limited solely to the provision of the resources and networks necessary for the operation of the servers.
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