Information provided according to Sec. 5 of the German Digital Services Act (DDG):
AGXL Limited – Branch AGXLcloud
c/o GoMaKe UG (haftungsbeschränkt)
Werderstraße 69a
79379 Müllheim im Markgräflerland
Germany
Commercial Register:
A registered company in England and Wales.
Company No.: 09416827
Represented by the Managing Director:
Andy Goldau
Contact:
Email: mail@agxl.cloud
Tel: +49 761 88 78 73 00 (English)
Tel: +49 761 88 78 73 02 (German)
Company Website: agxl.ltd
GoMaKe UG (haftungsbeschränkt)
Werderstraße 69a
79379 Müllheim im Markgräflerland
Germany
Commercial Register:
Register Court: Freiburg im Breisgau
Registration Number: HRB 724118
Represented by the Managing Director:
Florian Kessler
Contact:
Tel: +49 7631 93 29 014 (English)
Tel: +49 7631 93 29 015 (German)
Company Website: gomake.studio
The European Commission provides a platform for online dispute resolution (OS): https://ec.europa.eu/consumers/odr/.
We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Last Updated: July 2026
1.1. These Terms and Conditions apply worldwide to all contracts between AGXL Limited (Branch AGXLcloud) / GoMaKe UG (haftungsbeschränkt) and the customer. Mandatory consumer protection laws of the customer’s country remain unaffected.
1.2. The contract documents are provided in English. In case of discrepancies with translations, the English version shall prevail.
1.3. A contract is concluded once the customer submits an order and the Provider accepts it after manual review and fraud prevention measures. We reserve the right to decline any order without providing detailed reasons.
2.1. AGXLcloud provides digital hosting infrastructure from over 130 server locations worldwide. When purchasing a service, you may select a specific geographic location.
2.2. Data Sovereignty: Data uploaded to your hosting space will be stored exclusively in the selected geographic region. Account and billing data are processed centrally in Germany/EU.
2.3. Infrastructure Variances: Due to the globally distributed nature of the infrastructure (including verified third-party data centers and reseller accounts), technical specifications, routing, and network availability may vary by region.
2.4. End-of-Life (EOL) and Forced Migrations: Technology evolves rapidly. We reserve the right to deprecate, replace, or retire outdated hardware, operating systems, or software versions (e.g., unsupported PHP versions) to maintain cluster security. Customers will be notified of "End of Life" events in advance. If a customer fails to update their environment, we reserve the right to forcibly migrate the account to a newer platform or suspend the service to protect the infrastructure.
2.5. Data Center Closures and Infrastructure Relocation: AGXLcloud operates on a decentralized model utilizing various upstream infrastructure providers and reseller partners. We reserve the right to close specific geographic server locations, change upstream partners, or relocate physical servers due to facility closures, contract terminations by our partners, or economic unviability. In such events, we will migrate the customer's hosted data to the geographically nearest available data center within our network. We will notify the customer at least 14 days in advance whenever possible. If the new geographic location conflicts with the customer's legal or internal data residency requirements, the customer is granted an extraordinary right of termination (Sonderkündigungsrecht) effective on the date of migration. AGXLcloud is not liable for temporary downtimes caused by such forced external migrations.
2.6. Modification of Services: Technology is highly dynamic. We reserve the right to modify, update, or discontinue specific features, software environments, or third-party control panels provided within the hosting packages, provided that the overall core functionality of the hosting service is maintained. If a technical modification significantly disadvantages the customer, we will notify them in advance, and the customer shall have the right to an extraordinary termination of the contract.
2.7. Beta Services: AGXLcloud may occasionally offer access to experimental features, pre-release tools, or services explicitly marked as "Beta". These services are provided entirely "as is" and "as available" without any warranty, SLA commitments, or technical support obligations. We reserve the right to modify, suspend, or discontinue Beta services at any time without prior notice or liability.
3.1. Paid packages are billed via GoMaKe UG (haftungsbeschränkt). Due to the small business regulation (§ 19 UStG), invoices are issued without VAT.
3.2. We accept payments via Bank Transfer, Credit Card (Stripe), PayPal, and supported Cryptocurrencies. The payment methods displayed at checkout are binding.
3.3. Late Payments: Invoices must be paid by the due date. Failure to pay within 7 days results in service suspension. Accounts overdue by 30 days will be terminated, and all associated data permanently deleted.
3.4. Chargebacks: Initiating a chargeback or payment dispute with your bank or PayPal without contacting our support team first constitutes a material breach of contract and will result in immediate account suspension.
3.5. Price Adjustments: For ongoing contract terms, we reserve the right to appropriately adjust prices to reflect increased operational costs (e.g., energy costs, third-party software licenses, data center fees). Customers will be notified of any price increase via email at least 30 days before it takes effect. If the customer does not agree to the price increase, they have the right to a special, immediate termination of the contract before the new pricing applies.
3.6. Debt Collection and Default Costs (Inkasso): In the event of continued default of payment after formal reminders, we reserve the right to hand over the outstanding claim to a certified debt collection agency or legal counsel. The customer is obliged to bear all resulting costs of the legal prosecution and debt collection process in accordance with German civil law (Verzugsschaden). We reserve the right to report severe payment defaults to relevant credit protection agencies (e.g., SCHUFA) in compliance with the GDPR.
3.7. Promotional Pricing and Renewals: Discounts, promotional codes, and special introductory offers are strictly valid only for the initial contract term (e.g., the first billing cycle). Upon automatic renewal, the service will be billed at the regular, non-discounted standard rate applicable at the time of renewal, unless expressly agreed otherwise in writing. Customers can view their upcoming renewal prices in the Client Portal at any time.
3.8. Chargeback and Dispute Fees: If a customer initiates a chargeback, payment reversal, or credit card dispute without valid legal justification and without contacting our support first, AGXLcloud incurs financial penalties from payment gateways. In addition to immediate account suspension, the customer agrees to pay a non-refundable Chargeback Administrative Fee of €50.00 (or equivalent in local currency) per disputed transaction to cover banking penalties and investigative costs. Access to services will only be restored once the original invoice and the administrative fee are paid in full via a secure alternative payment method.
3.9. Offsetting and Right of Retention: The customer is only entitled to offset claims against our remuneration claims if the customer's counterclaims are legally established by a court (rechtskräftig festgestellt), undisputed, or explicitly recognized by AGXLcloud in writing. The customer may only exercise a right of retention if their counterclaim is based on the exact same contractual relationship.
4.1. The customer agrees to use the service solely for lawful purposes and in compliance with all applicable international and local regulations.
4.2. The customer is strictly responsible for safeguarding their access credentials, passwords, and sensitive account information.
4.3. Technical Maintenance & CMS Security: The customer is strictly obliged to keep all installed software, scripts, and content management systems (e.g., WordPress, Joomla) and their plugins up to date. If a customer's account is compromised due to outdated software or weak passwords and poses a threat to our server integrity or IP reputation, AGXLcloud reserves the right to immediately suspend the account without prior notice.
4.4. IP Address Allocation: Any IP addresses (IPv4/IPv6) allocated to the customer remain the sole property of AGXLcloud, our data center partners, or the respective Regional Internet Registry (RIR). The customer has no legal claim to a specific IP address. We reserve the right to change allocated IP addresses if technically, logically, or legally necessary.
4.5. API Usage and Rate Limiting: If the customer utilizes our Application Programming Interface (API) to automate account or server management, such use is subject to fair usage. We strictly enforce rate limiting. Automated scripts that spam our endpoints, bypass standard usage limits, or threaten the stability of our management panels will result in immediate API key revocation and potential account suspension.
4.6. Digital Legacy (Digitaler Nachlass): Customer accounts are fundamentally non-transferable. In the event of the customer's death, the account and its contents transition to their legal heirs. To gain access, transfer, or terminate the account, heirs must provide legally binding proof of succession (e.g., a certified copy of the probate/Erbschein or an executor's certificate) along with a death certificate. We reserve the right to temporarily freeze the account until ownership is legally verified to prevent unauthorized access.
4.7. Communication and Support Abuse: We operate a zero-tolerance policy regarding abusive behavior towards our support staff. The use of profanity, racial slurs, threats, or severe harassment in support tickets, live chat, or emails constitutes a material breach of contract. We reserve the right to immediately suspend support privileges, ignore further communications, or terminate the customer's account without a refund in extreme cases.
4.8. Identity Accuracy and Fraud Prevention: The customer is legally required to provide accurate, current, and complete identity and billing information during registration. The use of anonymity networks (such as Tor, VPNs, or Proxies) strictly for the purpose of masking one's true location or identity during the checkout and fraud-screening process is prohibited. Providing falsified information, stolen payment details, or utilizing disposable email addresses constitutes a material breach of contract (Fraudulent Misrepresentation) and will result in immediate account termination without any right to a refund.
5.1. Free hosting packages are a privilege, strictly limited to one (1) account per person/household, and must be actively maintained.
5.2. Inactivity Rules: If a free account remains inactive for 30 consecutive days (no website activity, no logins, no domain connected), it will be automatically suspended and subsequently deleted to free up resources.
5.3. Free accounts causing disproportionate load or negatively impacting other users on a shared server may be throttled, suspended, or terminated without prior notice. Free hosting is offered without guarantee of availability or uptime.
6.1. Contracts for paid services are automatically renewed for the original contract period unless terminated by either party at least 7 days before the end of the current term.
6.2. Statutory Cancellation Button: Consumers can terminate their subscriptions at any time easily and legally compliant by using the prominent "Revocation & Cancellation" button located in the footer of our website or directly within the Client Portal.
6.3. Terminations can also be submitted in writing via email to termination@agxl.cloud. The right to extraordinary termination for good cause remains unaffected.
6.4. Emergency Suspension: Notwithstanding standard notice periods, AGXLcloud reserves the right to immediately suspend, isolate, or null-route a customer's service without prior notice in the event of an acute emergency. This includes situations where the customer's service is currently participating in a DDoS attack, actively distributing malware, hosting live phishing sites, or posing an immediate, severe threat to the physical integrity of our data centers or the global internet infrastructure. The customer will be informed of the emergency suspension as soon as reasonably possible.
7.1. The Provider is liable only for damages resulting from intent or gross negligence. For slight negligence, liability is limited to breaches of essential contractual obligations (cardinal obligations) up to the amount of typical foreseeable damages.
7.2. Liability for indirect damages, consequential damages, or lost profits is strictly excluded.
7.3. Server Downtime: The Provider assumes no liability for downtimes or related damages caused by globally distributed third-party infrastructures or upstream providers, unless resulting from gross negligence.
7.4. B2B Limitation: If the customer is a business or merchant (B2B), total liability is strictly limited to the amount paid by the customer in the last 12 months for the affected service. Mandatory statutory liability rights for consumers (B2C), especially regarding injury to life, body, or health, remain fully unaffected by this limitation.
7.5. Free SSL Certificates: Services may include complimentary, automated SSL/TLS certificates (e.g., provided by Let's Encrypt). These are provided on an "as is" and "as available" basis. AGXLcloud assumes no liability for damages, lost revenue, or SEO ranking drops resulting from failed automatic renewals, validation errors, or temporary unavailability of third-party certificate authorities.
7.6. High-Risk Activities: The services provided by AGXLcloud are not designed, intended, or authorized for use in environments requiring fail-safe performance (High-Risk Activities). This includes, but is not limited to, the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, medical telemetry, or automated weapons systems. AGXLcloud strictly disclaims any express or implied warranty of fitness for High-Risk Activities and bears zero liability for personal injury, death, or severe environmental damage resulting from such unauthorized use.
8.1. While AGXLcloud may perform infrastructure-level backups to maintain system stability, these are strictly for disaster recovery purposes. The customer is solely responsible for creating and maintaining independent, off-site backups of all website data, databases, and emails.
8.2. AGXLcloud assumes no liability for any loss of data, unauthorized access to data, or data corruption, unless the loss is caused by our proven gross negligence or intentional misconduct.
9.1. The customer may not transfer their account, sell it, or assign contractual rights to a third party without our prior written consent.
9.2. Subleasing or reselling of shared hosting space or free hosting packages to third parties is strictly prohibited unless the customer has explicitly purchased a designated "Reseller Hosting" plan.
10.1. Neither party shall be held liable for any delay, service interruption, or failure to perform its contractual obligations if such failure is caused by events beyond their reasonable control (Force Majeure).
10.2. Force Majeure events include, but are not limited to, natural disasters, acts of God, war, terrorism, government-imposed sanctions, widespread DDoS attacks affecting global internet backbones, or major fiber-optic cable cuts outside of our direct infrastructure.
11.1. Minors may only use the service with the express, verifiable consent of their legal guardians. We reserve the right to ban users lacking the necessary consent.
12.1. The customer undertakes to comply with all applicable international and national export control regulations and sanctions. We reserve the right to withhold services from customers in countries or regions under international embargo.
13.1. The contract is governed by the laws of the Federal Republic of Germany, subject to mandatory consumer protection provisions of the customer's jurisdiction.
13.2. If the user is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes shall be the registered office of the Provider (Freiburg im Breisgau / Müllheim).
14.1. Amendments: The Provider reserves the right to amend these T&Cs. Customers will be notified in advance. If no objection is raised within 14 days, the amendments are deemed accepted.
14.2. Severability: Should any provision of these T&Cs be found invalid or unenforceable, the validity of the remaining provisions shall remain entirely unaffected.
14.3. Limitation Period (Verjährungsverkürzung): If the customer is a business entity, merchant, or legal entity under public law (B2B), any claims against AGXLcloud—particularly claims for damages or warranty claims arising from the provision of hosting services—shall expire within one (1) year from the statutory commencement of the limitation period. This shortening of the limitation period does not apply to claims arising from gross negligence, intentional misconduct, or injury to life, body, or health, for which the statutory limitation periods shall apply.
14.4. Survival of Terms: Any provisions of these Terms and Conditions which, by their nature, are intended to survive the termination, cancellation, or expiration of the contract shall continue in full force and effect. This includes, without limitation, the clauses regarding limitation of liability, indemnification, debt collection, and digital legacy.
15.1. No Privity of Contract: If the customer utilizes our services to act as a reseller (selling hosting space to their own clients), AGXLcloud expressly disclaims any contractual or legal relationship (Privity of Contract) with the reseller's end-users. AGXLcloud will not provide technical support directly to the reseller's clients.
15.2. Reseller Obligations: The reseller is solely responsible for providing first-level support, billing, and legal compliance for their own clients. The reseller agrees to fully indemnify and hold AGXLcloud harmless from any legal claims, damages, or lawsuits initiated by their end-users. The reseller must ensure that their own terms of service are at least as strict as AGXLcloud's Acceptable Use Policy.
16.1. The customer agrees to fully indemnify, defend, and hold AGXLcloud, its parent company (GoMaKe UG / AGXL Ltd.), and its employees harmless from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal and attorney fees) arising from third-party claims related to the customer's use of the services.
16.2. This includes, but is not limited to, claims for copyright infringement, trademark violations, defamation, or breaches of our Acceptable Use Policy caused by the customer or any end-user accessing the customer's hosted environment.
17.1. Infrastructure Only (Unmanaged): Unless explicitly purchased as a "Managed Service," all hosting plans and VPS are strictly unmanaged. Our technical support obligations are limited exclusively to ensuring the physical hardware, network availability, and basic operating system deployment. We do not provide programming, web design, or software debugging support (e.g., fixing PHP errors or configuring third-party CMS plugins).
17.2. Third-Party EULAs: By utilizing pre-installed software provided by us (such as DirectAdmin, FASTPANEL, Hestia Control Panel, CloudPanel,cPanel, Plesk, Windows Server, or Softaculous), the customer agrees to be legally bound by the respective End User License Agreements (EULAs) of these third-party vendors. AGXLcloud is not liable for changes in features, pricing, or licensing terms imposed by these upstream vendors.
17.3. EU Cyber Resilience Act (CRA) & 1-Click Installers: AGXLcloud may provide access to automated software installers (e.g., Softaculous) allowing the quick deployment of open-source applications (such as WordPress, Magento, etc.). AGXLcloud does not author, audit, or guarantee the security of these third-party applications. We strictly disclaim any liability regarding the compliance of these open-source elements with the EU Cyber Resilience Act (CRA). The customer remains entirely responsible for assessing vulnerabilities, applying security patches, and ensuring that their deployed digital products meet all legal cybersecurity standards.
17.4. Bring Your Own License (BYOL) and Anti-Piracy: If the customer utilizes their own software licenses (e.g., Microsoft Windows Server, cPanel/WHM, Plesk) on our virtual or dedicated infrastructure, the customer guarantees that all software is legally acquired and fully licensed. The hosting, installation, or distribution of "nulled", cracked, or pirated software is strictly forbidden. AGXLcloud reserves the right to request proof of valid licensing (Software Audit) if prompted by official vendors or copyright holders. Failure to provide valid licenses within a specified timeframe will result in the suspension of the affected service to protect AGXLcloud from third-party vendor liability.
17.5. Courtesy Migration Services: AGXLcloud may offer assistance in transferring a customer's website or server data from a previous provider to our infrastructure. This migration assistance is provided strictly as a "courtesy service" on a best-effort basis without any warranty or guarantee of success. The customer is solely responsible for creating a complete, verifiable backup of all data prior to requesting a migration. AGXLcloud assumes no liability for data loss, downtime, or database corruption occurring during the migration process.
17.6. IPv4 Address Allocation and Justification: Due to global IPv4 address exhaustion, the allocation of dedicated IP addresses is strictly subject to the regulations of the respective Regional Internet Registries (e.g., RIPE NCC, ARIN). AGXLcloud reserves the right to request technical justification for the assignment of additional IP addresses. We retain the right to revoke and reallocate any IP addresses that are determined to be unused, hoarded, or lacking valid technical justification.
18.1. We strictly comply with lawful orders from recognized law enforcement agencies and courts. If we receive a legally binding subpoena, warrant, or court order to disclose customer data, intercept traffic, or seize a server, we will comply. Depending on the nature of the legal request (e.g., gag orders), we may be legally prohibited from notifying the customer. In cases where the customer's illegal actions cause excessive administrative or legal burdens for AGXLcloud, we reserve the right to charge an administrative fee for handling the legal compliance.
If you are a consumer residing within the European Union, you have a statutory right of withdrawal as described below. A consumer is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business or profession.
If you withdraw from this contract, we shall reimburse to you all payments received from you, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw. Refunds will be issued minus any transaction fees charged by the respective payment provider (e.g., credit card processors, PayPal, Stripe, Klarna, etc.). This guarantee applies only to first-time purchases and does not cover domain registrations, SSL certificates, or other third-party services.
Important: If you requested that the performance of services (e.g., server activation) begin during the 14-day withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated your withdrawal, in comparison with the full coverage of the contract.
The right of withdrawal does not apply to domain name registrations or customized SSL certificates, as these are tailored to your specifications and executed immediately upon your instruction.
If your purchased hosting package included a "Free Domain" registration and you exercise your right of withdrawal for the hosting contract within the 14-day period, the domain name registration itself cannot be canceled or refunded, as it is a customized digital asset registered specifically for you. In this case, the domain remains registered in your name, but the regular, non-discounted standard registration fee for that specific TLD will be permanently deducted from the total refund amount of your hosting package.
If you wish to withdraw from the contract, you may copy, complete, and submit the following form via email to termination@agxl.cloud or send it by post.
AGXLcloud accepts various cryptocurrencies (e.g., BTC, ETH, SOL, USDC) via our payment gateways. Due to the unique nature of blockchain networks, the following rules apply:
It is the customer's sole responsibility to ensure that cryptocurrency transfers are sent to the exact wallet address provided at checkout and on the correct blockchain network (e.g., sending ERC-20 tokens only on the Ethereum network). AGXLcloud assumes zero liability for funds lost due to transfers sent to incorrect addresses or via unsupported networks.
Due to the high volatility of digital assets, all refunds for cryptocurrency payments will be issued strictly in Fiat currency equivalent or as Account Credit.
If a refund is approved, the refund amount will be exactly the Euro (€) or US Dollar ($) value of the invoice at the time of the original purchase, regardless of the current market value of the cryptocurrency used. AGXLcloud will not compensate for any fluctuations in cryptocurrency exchange rates.
In accordance with EU Anti-Money Laundering (AML) directives and international Counter-Terrorism Financing (CTF) laws, AGXLcloud strictly monitors cryptocurrency transactions. We employ the identity verification provider Didit (KYC) to prevent financial crimes.
We reserve the right to immediately freeze accounts, reject payments, and report incidents to financial authorities if we suspect that funds originate from illegal activities, darknet markets, or have been obfuscated using cryptocurrency mixers (e.g., Tornado Cash). Customers attempting to evade international financial sanctions via crypto payments will be permanently banned.
We strive to provide a robust and reliable hosting environment. This SLA outlines our uptime commitments for paid services.
AGXLcloud guarantees a 99.9% network and server uptime calculated on a monthly basis for paid Shared Hosting and VPS plans.
The following events do not count towards downtime:
If we fail to meet the 99.9% uptime guarantee in a given month, you are eligible to request an account credit. The credit is calculated as 5% of your monthly hosting fee for every 1 hour of downtime below the 99.9% threshold, up to a maximum of 100% of your monthly fee.
To claim this credit, you must open a support ticket within 7 days of the incident. Credits are applied to future invoices and cannot be paid out in cash.
Hosting, distributing, or linking to Child Sexual Abuse Material (CSAM), content promoting terrorism, phishing sites, malware (viruses, trojans, ransomware), or command and control (C2) operations is strictly prohibited and will be reported to international law enforcement.
Pornography & Gambling: Furthermore, hosting any form of pornography (adult content) is strictly prohibited on all our servers. Additionally, the operation of online gambling platforms is prohibited at several server locations due to strict local laws and data center regulations.
If you are unsure whether your planned project is permitted under our policies or the local laws of your chosen server location, please submit a support request to our team before ordering or deploying your services.
We have a strict zero-tolerance policy against SPAM. Sending unsolicited commercial emails, maintaining open SMTP relays, or purchasing email lists is prohibited. Accounts causing our IP space to be blacklisted will be terminated immediately.
If your plan includes "unmetered" or "unlimited" bandwidth, storage, or websites, this is subject to Fair Use. "Unmetered" means you are not billed per gigabyte, provided your usage falls within the typical profile of a standard website.
You may not use shared hosting plans as:
If your usage negatively impacts the performance of other clients on the same shared server, we reserve the right to temporarily throttle your resources or request that you upgrade to a dedicated VPS plan.
To ensure optimal performance for all users on shared infrastructure, AGXLcloud enforces strict technical limits on resource allocation. Customers may not consume excessive amounts of CPU time, RAM, or Disk I/O that degrade the performance of the host node.
The security of our global infrastructure is paramount. Customers are strictly prohibited from conducting, attempting, or facilitating any unauthorized network discoveries, port scans, packet spoofing, or penetration testing against AGXLcloud infrastructure, even on their own assigned IP addresses.
While we welcome responsible disclosure of vulnerabilities, automated vulnerability scanners or stress tests (e.g., simulated DDoS attacks) without our explicit prior written consent are classified as malicious attacks and will result in immediate network null-routing and account termination.
With the European Union Artificial Intelligence Act (EU AI Act) in full effect, any customer hosting high-risk AI systems or generative AI models on AGXLcloud infrastructure must comply with all mandatory transparency and risk-management obligations.
Deepfakes and Impersonation: The hosting, generation, or distribution of synthetic media (Deepfakes) designed to deceive, manipulate, or impersonate individuals without prominent and clear labeling that the content has been artificially generated or manipulated, is strictly prohibited. Violations, especially those designed for political manipulation, election interference, or non-consensual explicit imagery, will result in immediate termination and reporting to the authorities.
To protect the reputation of our global IP space, the operation of Tor exit nodes, Tor relays, public open proxies, or any similar anonymity routing services on our shared hosting or VPS infrastructure is strictly prohibited. Accounts found running such services and causing our IP addresses to be listed on global blacklists will be terminated without refund.
In accordance with the European Accessibility Act (EAA / BFSG) fully implemented in 2025, digital services and e-commerce websites must be accessible to users with disabilities. AGXLcloud acts solely as a neutral hosting provider. The customer bears 100% of the legal and technical responsibility to ensure that the content, code, CMS, and design hosted on our servers comply with the applicable WCAG (Web Content Accessibility Guidelines) and national accessibility laws. AGXLcloud is exempt from any liability regarding the non-compliance of hosted websites.
Maintaining a clean IP reputation is vital for our infrastructure. If a customer's actions (e.g., outbound spam, hosting malware, phishing) result in our IP addresses or ASN being listed on global blacklists (such as Spamhaus, Barracuda, or Sorbs), the customer is held fully liable.
In addition to immediate account termination, we reserve the right to charge a mandatory administrative Delisting & Clean-up Fee of up to €150.00 per affected IP address to cover our administrative efforts. In accordance with German law, the customer expressly reserves the right to prove that no damage occurred or that the actual damage was significantly lower than this lump sum.
1.1. When registering, renewing, or transferring a domain name, AGXLcloud acts solely as an intermediary (reseller) between you (the customer) and the respective domain registry (e.g., ICANN, DENIC, EURid).
2.1. By registering a domain name, you agree to be bound by our Terms of Service as well as the mandatory terms, rules, and policies of the respective top-level domain (TLD) registry.
2.2. For generic top-level domains (gTLDs) like .com, .net, or .org, you must comply with the ICANN Registrant Rights and Responsibilities.
2.3. For country-code top-level domains (ccTLDs), the specific registration conditions of the respective registry apply (for example, the DENIC Domain Guidelines for .de domains).
3.1. You are legally required to provide accurate, reliable, and up-to-date contact information for domain registrations. Failure to provide valid data, or failure to respond to data verification requests, may result in the suspension or permanent cancellation of the domain name by the registry.
4.1. Trademark Conflicts: AGXLcloud does not arbitrate trademark disputes between domain registrants and third parties. If a third party challenges the registration of a domain name, you agree to be bound by the Uniform Domain-Name Dispute-Resolution Policy (UDRP) of ICANN or the respective alternative dispute resolution mechanisms of the ccTLD registries.
4.2. Account Freezing: In the event of a formal legal dispute or an active UDRP proceeding, AGXLcloud reserves the right to lock, suspend, or freeze the domain name from any transfers or DNS modifications until the dispute is resolved by a court or arbitration panel.
5.1. It is the customer's sole responsibility to ensure that renewal invoices for domains are paid prior to the expiration date. AGXLcloud is not liable for any loss of a domain name, business interruption, or associated damages resulting from a failure to pay the renewal fee on time.
6.1. If a domain expires due to non-payment, the respective registry may place the domain into a "Redemption Grace Period" (RGP) or similar status. Restoring a domain during this period incurs significant administrative fees charged by the registry (often ranging from €50 to €200+, depending on the TLD). The customer is solely responsible for paying these restoration fees in full before the domain can be recovered. AGXLcloud does not guarantee that an expired domain can be successfully restored.
By participating in the AGXLcloud Affiliate Program, you agree to the following rules:
Because we offer hosting in over 130 locations globally, we apply a strict separation of data:
To prevent fraud, we require identity verification in specific cases. We use Didit (MARKETS PROLIVE 360, S.L., Spain). During KYC, Didit processes your ID and a biometric selfie. Biometric data is processed only with your explicit consent (Art. 9(2)(a) GDPR). AGXLcloud does not store your biometric data; we only receive a "Pass/Fail" status.
We access information on your terminal equipment (e.g., via cookies) in strict compliance with the German Telecommunications Digital Services Data Protection Act (TDDDG). By using our services, you consent to the following strictly necessary technical tracking (Sec. 25 para. 2 TDDDG):
We do not use tracking cookies for targeted marketing without your separate, explicit opt-in consent.
Account and billing data (invoices) are retained for 10 years to comply with German tax and commercial laws (GoBD/HGB). Customer hosting data is deleted upon contract termination or account deletion. Server access logs are kept for up to 30 days solely to identify and mitigate cyberattacks.
Under the GDPR (and similar laws like CCPA/PIPEDA), you have the right to access, rectify, or request deletion of your personal data ("Right to be Forgotten"). To exercise these rights, email us at privacy@agxl.cloud.
Data Portability: In strict compliance with the European Union Data Act (effective 2025/2026), AGXLcloud ensures that you are never locked into our ecosystem. Customers can export their localized hosting data and databases via standard protocols (e.g., FTP, SQL dumps, control panel backups) at any time during their active contract without arbitrary technical hurdles.
Marketing and Logos: If you use our services as a business entity, company, or organization (B2B), AGXLcloud reserves the right to use your company name, brand, and logo as a reference customer on our websites, social media, and in promotional materials to demonstrate our global infrastructure.
Opt-Out: We respect your corporate privacy. You may object to the use of your brand as a reference at any time, without giving reasons, by sending a brief email to privacy@agxl.cloud. Upon receipt, we will remove your branding from our active promotional materials within 14 days.
By providing email hosting services, AGXLcloud operates in accordance with the strict telecommunications secrecy laws of the German Telecommunications Act (TKG). We do not read, intercept, or process the content of your private communications.
Spam and Malware Filtering: To protect our infrastructure and your devices, you explicitly consent to the automated, algorithmic scanning of incoming and outgoing emails for the sole purpose of detecting and filtering malware, viruses, and recognized SPAM. This automated processing is strictly technical and does not involve human review of your private communications unless legally compelled by a court order.
This Data Processing Agreement ("DPA" / "Auftragsverarbeitungsvertrag") constitutes a legally binding contract pursuant to Article 28 of the General Data Protection Regulation (GDPR). It applies when AGXLcloud / GoMaKe UG (hereinafter "Processor") processes personal data on behalf of the customer (hereinafter "Controller") as part of the web hosting and digital infrastructure services provided.
1.1. The Processor provides web hosting, virtual private servers (VPS), and related digital infrastructure services to the Controller. In doing so, the Processor may have technical access to personal data stored by the Controller on the designated server infrastructure.
1.2. The duration of this agreement corresponds to the term of the underlying service contract. Termination of the service contract automatically terminates this DPA.
1.3. Strict Data Localization: In accordance with AGXLcloud’s "Local Geo Webhosting" principles, the personal data stored within the Controller’s hosting environment is strictly located and processed within the geographic region chosen by the Controller at the time of purchase. The Processor will not transfer or mirror this localized hosting data across borders without the explicit instruction or action of the Controller.
2.1. Data Subjects: The categories of individuals whose data is processed include visitors, end-users, subscribers, customers, and employees of the Controller.
2.2. Categories of Personal Data: All data stored by the Controller on the server infrastructure. This typically includes IP addresses, contact details, email communications, database records, login credentials, and web traffic logs.
3.1. The Processor implements and maintains rigorous security measures to protect personal data against unauthorized access, loss, or alteration in compliance with Article 32 GDPR.
3.2. Key measures include standard end-to-end TLS 1.3 encryption for data in transit, AES-256 encryption at rest, regular hardware maintenance, automated DDoS protection, and secure server access controls. Detailed security specifications are regularly audited and maintained to match standard industry practices.
4.1. The Controller hereby grants a general authorization to the Processor to engage sub-processors (e.g., decentralized local data centers, upstream infrastructure providers, and network operators) to provide the localized hosting services.
4.2. Current essential administrative sub-processors include:
4.3. The Processor shall inform the Controller of any intended changes concerning the addition or replacement of sub-processors. The Controller has the right to object to such changes within 14 days of notification on legitimate data protection grounds.
5.1. The Processor shall process personal data solely on documented instructions from the Controller, unless required to do so by Union or Member State law.
5.2. The Processor ensures that all persons authorized to process the personal data have committed themselves to confidentiality.
5.3. The Processor shall notify the Controller without undue delay (and in any event within 72 hours) after becoming aware of a personal data breach affecting the Controller's hosted data.
5.4. Upon termination of the contract, the Processor shall delete or return all personal data to the Controller, unless legal statutory retention obligations (e.g., German commercial and tax laws) apply.
As a provider of digital infrastructure, AGXLcloud operates under the legal framework of the EU NIS-2 Directive regarding high common levels of cybersecurity. In the event of a significant cyber threat, zero-day exploit, or data breach originating from or affecting the customer's hosted environment, the customer is legally obligated to cooperate fully with our incident response team.
This includes providing necessary access logs and immediately patching identified vulnerabilities upon our request. Failure to cooperate during a critical cyber incident may result in the temporary isolation of the affected server to protect the wider infrastructure and ensure our compliance with national cybersecurity authorities.
7.1. The Controller has the right to verify the Processor's compliance with this DPA according to Art. 28 GDPR. To protect the highly secure environment of our data centers, the Controller agrees that this right shall be primarily satisfied by the Processor providing recent, independent third-party audit reports or security certifications (e.g., ISO 27001, SOC 2) held by our underlying data center partners.
7.2. On-site physical audits are highly restricted, require a minimum of 30 days prior written notice, and must not disrupt the daily operations or compromise the security of other clients. The Controller shall bear all costs associated with such individual audits, including reasonable compensation for the Processor's staff time.
8.1. AGXLcloud acts exclusively as the Data Processor. The customer remains the Data Controller under the GDPR. If a personal data breach occurs within the customer's hosted environment (e.g., a hacked website or compromised database due to weak passwords or outdated CMS plugins), it is the Controller's strict and sole legal obligation to notify the competent supervisory authority within 72 hours (Art. 33 GDPR) and the affected data subjects (Art. 34 GDPR).
9.1. Upon the definitive termination, cancellation, or deletion of a service (e.g., VPS or Shared Hosting environment), the Processor is strictly obligated to securely destroy the Controller's data. To ensure data confidentiality and prevent data leakage when storage blocks or IP addresses are reprovisioned to new users, AGXLcloud employs industry-standard secure deletion protocols (such as storage block discarding, zeroing, or cryptographic erasure).
9.2. Irreversibility: The Controller expressly acknowledges that once a service is terminated and the data destruction process is initiated by the automated provisioning system, all hosted data, configurations, and associated automated backups are permanently and irreversibly destroyed. No data recovery is technically possible after this point, and AGXLcloud bears no liability for data loss resulting from intentional or accidental customer-initiated cancellations.
9.3. Post-Termination Grace Period: To protect our infrastructure from accumulating abandoned data (Orphaned Accounts), AGXLcloud applies a strict data retention timeline. If an account is suspended due to non-payment or expiration, the hosted data will be retained for a maximum "Grace Period" of fourteen (14) days. If the outstanding balance is not settled within this period, the account and all associated data, emails, and automated backups will be permanently and irreversibly deleted. AGXLcloud is under no legal obligation to store data for defaulted or terminated accounts beyond this 14-day window.
AGXLcloud acts as a neutral infrastructure provider. The user retains full ownership and copyright of all content uploaded to our servers.
AGXLcloud follows international standards including the Digital Millennium Copyright Act (DMCA) and the EU Digital Services Act (DSA). Rights holders may request the removal of infringing content by sending a formal Takedown Notice to dmca@agxl.cloud containing:
Upon receipt of a valid complaint, we will notify the client and may suspend access to the specific content. Clients have the right to submit a formal counter-notice. Repeat infringers will be permanently banned.
In strict compliance with the European Union’s Digital Services Act (DSA), AGXLcloud has designated a Single Point of Contact for direct communication with Member State authorities, the European Commission, the European Board for Digital Services, and our users.
Contact Email for Authorities and Users: abuse@agxl.cloud
Official communications and user reports can be submitted in English or German.
If you discover content hosted on our infrastructure that you believe is illegal, violates the rights of third parties, or breaches our Acceptable Use Policy, please report it immediately to our Abuse Team via abuse@agxl.cloud.
To help us process your report quickly and act according to the DSA, please include the following in your email:
Upon receiving a valid notification, AGXLcloud will promptly and objectively review the reported content. If the content is found to be illegal or in severe violation of our terms, we will take appropriate measures, which may include disabling access to the content, suspending the hosting account, or cooperating with law enforcement authorities.
In strict compliance with the U.S. Digital Millennium Copyright Act (DMCA) and Article 23 of the EU Digital Services Act (DSA), AGXLcloud enforces a strict Repeat Infringer Policy. We will suspend or permanently terminate the hosting accounts of users who are repeatedly flagged for hosting copyright-infringing material, sharing manifestly illegal content, or continuously violating intellectual property rights, after issuing appropriate warnings. Decisions are made objectively and proportionately, and affected users will be provided with a statement of reasons and an opportunity to appeal.