Terms Condition
Mara Cloud Terms & Conditions
This Terms of Service ("Terms") contain the terms and conditions upon which MaraCloud (Mara) provides its services ("Service") to customers ("You"). By creating an account, clicking "Accept", or otherwise using the services, you agree to be bound by the following terms. If you do not agree, please immediately stop using the Service and do not create an account.
Definitions
- "Platform" — The website mara.cloud and any subdomains where the Service can be accessed.
- "Account" — The account created and used by you on the Platform to use the Service.
- "Content" — Any information provided by you on the Platform, including company details and personal data. Content is available only to you and users you have shared it with.
- "Service" — Services provided in relation to Mara Cloud Services solution.
- "Order" — Any physical or digital contract, order form, purchase order, or order for additional services placed via maracloud website.
- "User" / "You" — The person who accesses and uses the Services under the conditions stipulated in these Terms.
1. General — Scope of Application
1.1 The following Terms and Conditions apply to all business relationships between the Customer and Mara Cloud. These Terms are an integral part of all contracts and also apply to future services and offers, even if the Customer does not separately agree upon them again.
1.2 The terms and conditions of customers or third parties are not applicable and are not part of the contract, even if we do not separately object to their application in individual cases.
1.3 We expressly reserve the right to make changes to our Terms, System Policies, and prices by giving the Customer prior notification via their customer account or using the email address entered in their contact information.
1.4 The conditions and policies listed in the preamble apply in the order of precedence listed above.
1.5 Our employees and third parties are not authorized to make verbal agreements or to provide any verbal guarantees or commitments to the Customer.
2. Conclusion, Duration and Termination of Contract
2.1 The contract is concluded when the Customer submits their order and we accept it in accordance with point 2.4 of these Terms.
2.3 The Customer declares that all data provided on their account is correct and complete and shall notify us of any changes in writing within no more than 30 days. Evidence of correctness may be required upon request.
2.4 The Customer enters into a binding contract by placing the order and accepting these Terms. We may accept or reject the contract within three (3) workdays of receiving the order. Mere acknowledgement of receipt does not constitute acceptance.
2.5 Contracts are concluded for an unlimited time unless otherwise agreed.
2.6 The contract may be terminated by either party with 30 days' notice to the end of the month, without specifying any reasons. Notice may be given by letter, email, or via the Customer's secure account interface.
2.7 We reserve the right to terminate without notice for good cause, including failure to meet payment obligations, violation of customer obligations, or use of content that impairs infrastructure security or violates sections 8.1–8.3 of these Terms.
2.8 Transfer of contractual rights to a third party requires our written consent. We are obligated to verify the legitimacy of the transferor and identity of the third party.
3. Scope of Services
3.1 The scope of service is based on the product description valid at the time of order. We reserve the right, after prior notice, to discontinue free services or to introduce fees for them.
3.2 For domain registrations, we are only obligated to arrange the desired registration. We do not warrant that the domain will be allocated. Allocation is confirmed only upon our express written confirmation.
3.3 We undertake to make economically reasonable efforts to achieve an annual average network availability of 99.9% at our data centers.
3.4 Restrictions apply as described under //www.mara.cloud/legal/system-policies.
3.5 Where an IP address is allocated, we do not perform a blacklist check and the Customer has no claim to a specific IP. We reserve the right to change the allocated IP address when necessary with prior written notice.
3.6 Technical support services that go beyond the service description are invoiced separately.
4. Payment Conditions and Late Payments
4.1 We invoice the Customer using the updated prices visible on www.mara.cloud/hosting, plus statutory value added tax.
4.2 Depending on the contractual agreement, we process monthly, quarterly, or annual invoices using the agreed means of payment. The Customer is obligated to comply with the terms of the payment service used.
4.3 If we permit a late payment, we maintain the right to charge late payment interest from the due date, even without a prior reminder.
4.4 The Customer is obligated to pay all fees and taxes incurred. Billing is provided exclusively in electronic form. Bank transfer fees apply accordingly.
4.5 The Customer is obligated to comply with all applicable export and import control regulations, including US regulations and all other relevant international regulations.
5. Administrator Rights and Duties / Data Security
5.1 The Customer has full and sole administrator rights for all root and cloud server products, and is responsible for managing and securing them at their own expense and risk.
5.2 The Customer must set up and manage their servers so as not to compromise the integrity or availability of the networks and data of third parties. (D)DOS attacks, open mail relays, or similar systems are strictly forbidden. Non-compliance may result in immediate server lock and contract termination without notice.
5.3 For managed server products, we grant only basic usage rights. We monitor these servers 24/7 and provide free customer support for simple services. Services lasting 30 minutes or more are charged a flat service fee subject to prior agreement.
5.4 The Customer is obligated to use the services appropriately and to refrain from abusive and illegal actions.
5.5 The Customer is responsible for making regular backups stored outside our servers. A complete data backup must be performed prior to any changes made on the Customer's own behalf or on behalf of a third party. In the event of data loss, the Customer is obligated to re-transfer the relevant data files free of charge.
6. Data Protection
6.1 Data processing is performed in accordance with GDPR. Please refer to our Privacy Policy for more information.
6.2 If the Customer processes personal data of third parties using our services, the Customer remains the sole responsible party under data protection law. We only process such data as an order processor pursuant to Art. 28 GDPR where a processing contract is separately concluded.
6.3 We are generally unable to determine whether the Customer is processing personal data. The Customer is therefore obligated to provide us with the necessary information. Without a contract for order processing, we assume no third-party personal data is being processed.
6.4 Given the current state of technology, all-embracing data transmission protection on the internet is not guaranteed. The Customer is responsible for the safety and security of all data stored on their products.
7. Use by Third Parties
7.1 The Customer may grant third parties a contractual term of use for any services ordered from Mara Cloud. The Customer nevertheless remains the sole contractual partner and is fully liable for compliance with all contractual agreements.
7.2 When transferring user rights to a third party, the Customer is obligated to ensure all legal and contractual provisions are followed, including any changes requiring third-party cooperation.
7.3 If a third party violates contractual obligations, provides incorrect or incomplete data, or causes other problems, the Customer assumes full liability for all resulting damages and indemnifies us from all resulting third-party claims, including legal defense costs.
8. Use of the Services / Content
8.1 To use the Service, you must create an account and be signed in. The following conditions apply:
- You must be 18 years or older to create an account and use the Service.
- You must be a human. Accounts registered by bots or automated methods are not permitted and will be deleted without notice.
- You must provide your legal full name, a valid email address, and all other information requested during sign-up. Accounts created using fake information will be deleted without notice.
- You are not allowed to create an account using personal information of a third party unless empowered by that person to do so.
- Your login may only be used by one person — a single login shared by multiple people is not permitted.
8.2 Use of the Service requires certain hardware, stable internet access, and certain software. Mara Cloud reserves the right to limit the number of accounts and devices per account. Meeting these requirements is your responsibility.
8.3 You are responsible for maintaining the security of your account and password. Mara Cloud cannot be liable for any loss or damage resulting from your failure to comply with this security obligation.
8.4 You are responsible for all content posted and activities carried out by authorized users of your account.
8.5 You may not use the Service for any illegal or unauthorized purpose. You must not violate any laws in your jurisdiction, including but not limited to copyright laws.
8.6 You must not modify, adapt, or hack the Service, or modify another website to falsely imply association with the Service.
8.7 You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without the written permission of Mara Cloud.
8.8 You must not upload, post, host, or transmit unsolicited email, SMS, or "spam" messages using the Service.
8.9 You must not propagate any viruses, worms, trojan horses, or other malicious routines intended to damage systems or data.
8.10 The Customer is obligated to check and comply with all legal provisions arising from use of the services, including the Telecommunications Act, intellectual property rights, personal rights, competition law, and data protection law. The Customer indemnifies us against all claims arising from infringements of these obligations.
8.11 The Customer must not publish content that infringes on the rights of third parties or otherwise violates applicable law. This includes, but is not limited to: pornographic or obscene material, extremist content, gambling content, content endangering the morals of children or young people, defamatory content, and content violating copyright, trademark, or data protection rights.
8.12 The transmission of spam mail is prohibited, including unauthorized advertising to third parties and use of false sender data. The operation of cryptocurrency mining applications (including mining, farming, and plotting) is prohibited. Non-compliance may result in access being locked.
8.13 If we become aware of illegal activities, we are obligated under Art. 6 Abs. 1 DSA (Digital Services Act) to request immediate removal of offending content and may lock the Customer's access to services or account.
9. Liability
9.1 The Customer uses Mara Cloud services at their own risk. We are liable for indirect damages in cases of intent or gross negligence, but not for loss of profit. For culpable infringements not due to gross negligence or intent, our liability is capped at 100% of the price for the Customer's monthly product rental.
9.2 If the Customer violates the content obligations in Section 8, the Customer is liable to us for all direct or indirect damages arising from this, including financial losses. The Customer is also obligated to indemnify us against all resulting third-party claims, including all legal defense costs.
10. Warranty
If the service consists of goods delivered via post, a limitation period of 12 months after delivery applies to claims for defects. If the service consists of used goods, we accept no liability for defects. The statutory limitation period applies to claims for damages in the event of willful or gross negligence and injury to life, limb, and health resulting from an intentional or negligent breach of obligation.
How to Contact Us
If you have any questions or concerns regarding these Terms of Service, please contact us:
