Terms of Service (AGB)

1. Scope and provider

These General Terms and Conditions (“Terms”) govern all contracts between David Miler, Einzelunternehmen (sole proprietorship), c/o IP-Management #6108, Ludwig-Erhard-Straße 18, 20459 Hamburg, Germany(“Mildnode”, “we”, “us”) and the customer (“you”) for the digital products and services offered on mildnode.com. You can reach us at contact@mildnode.com.

These Terms apply in the version valid at the time the contract is formed. Conflicting or supplementary terms of the customer do not become part of the contract unless we have expressly agreed to them in writing.

2. Our services and our role

We provide done-for-you setup and operation of digital business infrastructure (such as registering a domain, configuring DNS, and providing managed professional email) and related digital products, as described on the relevant product page at the time of purchase.

Mildnode acts as a technical intermediary and reseller. We set up and operate the services on your behalf, but we are not the author, owner, publisher, or controller of your email content, your website, or any data you send, receive, store, or publish through the services. Where we register a domain for you, you are the legal owner (registrant) and we act solely as your technical agent and administrative contact. You are solely responsible for how the services are used and for all content transmitted through them.

3. Formation of contract

The presentation of products on mildnode.com is an invitation to submit an offer, not a binding offer. By completing the configurator and clicking the payment button, you submit a binding offer to purchase the configured service. The contract is formed when we accept your offer, at the latest when we confirm the order or begin performance. The text of the contract is stored by us and can be requested at the email address above.

4. Prices and payment

The prices stated on the relevant product page at the time of order apply. Prices are payable in advance via our payment service provider (Stripe). No VAT is charged (Small-business regulation pursuant to § 19 UStG - no VAT is charged.).

We sell one-time payments only. We do not operate subscriptions, do not store your card, and do not charge you automatically. Where a service runs for a fixed term (for example a domain registration year, a 12-month monitoring term, or a year of managed email hosting), we will email you a reminder with a link to renew for a further term at the price then shown; renewal is your free choice and never automatic.

5. Managed email hosting

Professional email is provided as a managed hosting service that Mildnode operates for you on your own domain. We create and administer your mailboxes on our email infrastructure; you do not need to register or maintain an account with any email provider. To deliver this service we use a specialist email-hosting subprocessor (currently Migadu, operated by Migadu Email, Switzerland) — see our Privacy Policy. Your domain remains registered in your name and is yours regardless of the email service.

The initial price is a one-time setup fee that includes the first year of managed email hosting. After the first year we will email you a link to renew for a further year at the price then shown. If a renewal is not paid, the email service for that domain may be suspended and later terminated. Before termination you may request a reasonable export/migration of your mailboxes. Reasonable fair-use limits (mailbox count and storage) apply per the product page; larger needs can be arranged on request.

Confidentiality and access. Because we host and administer your mailboxes, we and our email-hosting subprocessor have the technical means to access the mail system. We treat your mailbox contents as confidential and access them only as described in our Privacy Policy (to operate, secure, or repair the service, to prevent abuse, or where required by law). Standard email is not end-to-end encrypted, and we, our providers, and providers upstream of them may be compelled by law to disclose data and may be barred from notifying you; if you require content to remain secret even from the host, you must apply your own end-to-end encryption. The mail infrastructure is currently located in the USA.

6. Your obligations and warranties

You warrant and agree that:

• the registrant and contact details you provide are true, accurate, and complete, and you keep them up to date;
• your use of the services is lawful and complies with our Acceptable Use Policy and all applicable laws;
• you hold all rights necessary for any content, names, logos, or other material you submit to us or transmit through the services, and that such material does not infringe third-party rights;
• you will not use the mailboxes or any service for spam, bulk or unsolicited messaging, phishing, malware, fraud, or any unlawful or rights-infringing activity.

7. Acceptable use, anti-abuse, suspension and termination

Your use of the services is subject to our Acceptable Use Policy, which you accept at checkout and which forms part of these Terms. We may suspend or terminate a service (in whole or for an individual mailbox or domain) immediately and without prior notice where it is used in breach of the Acceptable Use Policy or applicable law, where it endangers the security, deliverability, or integrity of our platform or that of our providers (for example, sending spam), or where required by a provider, court, or competent authority.

Where the breach is attributable to you, such suspension or termination is without any refund of fees already paid, and does not limit any other remedies available to us, including a claim for damages. You confirm your understanding of this at checkout.

8. Indemnification (Freistellung)

You agree to indemnify and hold Mildnode harmless from and against any third-party claims, proceedings, damages, losses, and reasonable costs (including reasonable legal fees) arising from or in connection with your use of the services, the content you provide, transmit, or publish, or your breach of these Terms or the Acceptable Use Policy. This does not apply where the claim is attributable to our own culpable breach of duty.

9. Right of withdrawal

Consumers have a statutory right of withdrawal. Full details, including the conditions under which the right of withdrawal expires for digital services and digital content that you ask us to begin/provide immediately, are set out in our Right of Withdrawal notice.

10. Availability and third-party providers

We make reasonable efforts to keep the services available but do not warrant uninterrupted or error-free operation. Parts of the services depend on third parties (registrars, DNS, email-hosting, payment, and hosting providers); temporary unavailability, maintenance, or changes by those providers are outside our control. Statutory rights remain unaffected.

11. Liability

We are liable without limitation for damages arising from injury to life, body, or health, for intent and gross negligence, for fraudulently concealed defects, under any guarantee we have given, and under the German Product Liability Act (Produkthaftungsgesetz).

For slight negligence we are liable only for the breach of an essential contractual obligation (an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment you regularly rely), and in that case our liability is limited to the foreseeable damage typical for this type of contract. Any further liability for slight negligence is excluded.

The above limitations apply accordingly to the personal liability of our employees, agents, and vicarious agents.

12. Data protection

We process personal data in accordance with the GDPR and our Privacy Policy. Where you are a business customer and we process personal data on your behalf as part of the managed email service, a data-processing agreement pursuant to Art. 28 GDPR applies — see our Data Processing Agreement (AVV).

13. Changes to these Terms

We may amend these Terms with effect for the future where necessary for valid reasons (for example changes in the law, case law, or our services) and where the amendment is reasonable for you taking into account our interests. We will notify you of material changes in text form before they take effect. Changes to the core obligations (service and price) of an existing contract require your consent.

14. Final provisions

The contract is governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only to the extent that it does not deprive you of the protection of mandatory provisions of the law of your country of habitual residence.

If you are a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes is our registered seat. Mandatory statutory places of jurisdiction remain unaffected.

Should any provision of these Terms be or become invalid, the validity of the remaining provisions remains unaffected.

We are neither obliged nor willing to participate in dispute-resolution proceedings before a consumer arbitration board (§ 36 VSBG).