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Poll: Do you actually read Terms of Service before accepting?

General Discussion by svendeal 18 replies 2.8K views
#11
kate3 said:
Hetzner's auction ToS has something about permanent load over 80% not being permitted, from memory.

I ran a traceroute to Hetzner Falkenstein from Wrocław last month. 14ms, clean path through Frankfurt. But the interesting bit was the reverse: their abuse form auto-replies with a copy of the relevant ToS clause. Section 3.2 for DDoS mitigation, 4.1 for "resource abuse."

They have it templated. They know exactly which paragraphs they enforce and which they ignore. The 80% clause is real -- I know two people who got the warning email. Both were running BOINC. Both moved to Contabo, where the price is lower and the enforcement is... different.

#12
Marek said:
I very try to read but very long and very difficult english

Luc, my friend, I get you. Hetzner's ToS is in English and German, not French. That's a problem for us in Lyon.

What matters for you:

  • Section "Account Termination" -- when they can shut you down
  • "Acceptable Use" -- what you can't do (torrent, mining, etc.)
  • "Payment" -- if you're late paying, they wipe everything in 7 days I think

I just chuck it into Google Translate and double-check with DeepL. Not perfect but better than nothing.

Vive la résistance... électrique
#13
kate3 said:
They don't. That's not law, that's a trap door.

Under German law, specifically §307 BGB, general terms and conditions must be transparent and may not unreasonably disadvantage the customer. A clause like "permanent load over 80%" without definition fails the transparency requirement.

However: Hetzner is German, but their customers are global. A consumer in São Paulo or Seoul has no practical recourse under German civil law. The directive harmonizes standards but not enforcement. This is the structural problem. The ToS is written to appear compliant while remaining operationally vague.

I have not read their full ToS. I read the data processing agreement once. It was adequate. Their terms are at https://www.hetzner.com

Neuland. Aber schnell.
#14
Fritz48 said:
A consumer in São Paulo or Seoul has no practical recourse

THIS. I found the jurisdiction clause too. They can move disputes to German courts. Do you know what a lawyer in Berlin costs? I looked it up once for fun. Not fun.

Fritz48 said:
I still CLICKED ACCEPT BECAUSE THE DEAL WAS TOO GOOD

And I would do it again. My €4.51 Hetzner CX11 is older than some of my plants. If they terminate me tomorrow I have backups. The ToS horror is theoretical until it isn't.

#15
svendeal said:
€4/mo OVHcloud VPS

Hermano, in Buenos Aires that is cheaper than a pizza. I do not read ToS for pizza and I do not read ToS for VPS.

But OVHcloud Argentina bills in pesos sometimes? No, they bill in euros. I learned this when my card charged me the conversion fee. Not in ToS, just reality.

I read nothing. I accept everything. I am Buenos and this is my confession.

#16
Buenos said:
I accept everything

This is the way.

Marek said:
Both moved to Contabo

Contabo VPS SSD 4 cores 8GB for like $6? I looked once. The ToS probably says they can sacrifice your firstborn to the latency gods. Did I read it? No. Did I buy? Also no, because their Asia routing is through Frankfurt and my players would riot.

Minecraft teaches you: uptime > everything. ToS is just the respawn screen you hope to never see.

#17
kate3 said:
Define permanent. Define load.

This is why I self-host on a Hetzner auction box now — https://www.hetzner.com/sb. €34 for i7-6700, 64GB, 2x512GB NVMe. The ToS is the same but the price-to-annoyance ratio is better. They want to terminate that? Fine, I have ansible playbooks that rebuild the entire stack in 12 minutes.

I read the auction ToS once because I was bored in a Vienna coffee shop. The only surprise: they can replace failed hardware with "equivalent or better." Equivalent is subjective. Better never happens.

#18
Elena said:
I found the jurisdiction clause too

Just a heads up: we've now had three different companies named in specific claims (Hetzner, OVHcloud, Contabo). Please keep opinions and comparisons general -- "I heard," "in my experience," "I believe" -- rather than stating internal policies as certain fact unless you can source them. The forum search is full of dead links to ToS versions that changed six months ago.

Also: @lucgone, if you need help with Hetzner's French translation, PM me. I have a contact there who clarified the payment grace period once. Not posting it publicly because I don't want to be the source of truth on something that updates.

Carry on, this is good stuff.

~be kind or be gone~
#19
kat_fold said:
Please keep opinions and comparisons general

Understood. Speaking generally then: seedbox providers are the wild west of ToS enforcement. Some have "no public trackers" clauses they ignore until they don't. Some have ratio requirements buried in FAQ, not ToS at all.

I read for "public tracker" and "DMCA response time." Everything else is betting on the provider's reputation, which is forum posts and trustpilot reviews, not legal text.

The gray areas are where the forum lives, no?

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