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Unmetered for the purpose of not charging per data. Like text messages for the last 1.5 decades. They probably realistically have daily limits only spammers and teens know about.
At the end of the day, this is true for most people, "I don't want charges above monthly fee for my normal use and the odd event/month". From the days of ISDN, if you want the whole pipe all day long, you need your own circuit to yourself.
Is this even allowed under German / EU law? Advertising it as "unlimited" when it's not really unlimited?
Phone companies got huge fines for that in Australia, as they advertised plans as "unlimited" when in reality the data slowed down once a certain quota was hit (like most of the "unlimited" plans in the USA do). They're not allowed to call it "unlimited" any more.
Not same thing. They acted inside existing contract. This is a non-renewal. Hetzner isn't doing anything to traffic while the contract is in force.
It's not legal in the EU what so ever. What ever blabbering some do doesn't matter what so ever. It's false advertising and there's no "but" in this.
"What we consider fair use" - not a single hint about it in the terms.
"Find ways to reduce traffic" - reduce from what? Unlimited? Bullshit.
All these 15 pages of blabbering about contract terms. This isn't about the contract nor the term of it. It's about hetzner advertising their traffic on their website in multiple locations.
People keep repeating this lie.
They are not limiting anybody's bandwidth. They're choosing not to renew the contract.
Are you people illiterate or something? It's clear they are sanctioning a person for using what Hetzner itself promises.
I sure as fuck hope when some of you get ripped off you'll take it as cool as you try to make this seem like.
Every thread that comes up there's always some who try to justify some moronic behavior like this.
Go ask Contabo why did they change their website from "unlimited" to 32TB. Just to avoid messes like this.
It’s remarkable that people don’t seem to acknowledge this.
Yes, there are some arguments to be had that non-renewal due to ‘excessive’ usage is unethical and a clear limit may be preferable.
But they have in no way breached the contract by restricting or limiting traffic within the contracted period, thus the service purchased had been provided. They are simply advising they may exercise their rights to not renew the service going forward.
Yes. I fully understand the word "unlimited". Has any user of Hetzner unlimited plans had their bandwidth limited? No.
This isn't the usual definition of the word "limited".
Please just stop posting, you don‘t understand a single thing nor what false advertising is, which hopefully will be discussed at German courts if it happens more often.
@Adly, perhaps you should read OP's post and try again.
They are demanding that he reduce his traffic OR they will cancel the contract.
No, are you? You're saying they're required to establish NEW contracts with customers they don't want.
Please point out what part of the German law Hetzner are breaking by not renewing a contract with a customer. Keeping in mind the customer has obtained exactly what was advertised for the agreed contracted period (30 days).
They aren’t demanding anything, they are providing advanced notice that they will refuse to continue the rolling contract renewal with adequate notice should they no longer want the customer. In this case, they have provided a reason why they won’t want them as a customer, but they didn’t have to.
It‘s illegal to advertise something and cancel a contract, when someones actual uses it to its fullest. Like it or don’t like it, but German Law is clear about „Irreführende Werbung“. This has nothing to so with „Hausrecht“ or similar things
I’ve looked through the UWG law related to this - there doesn’t appear to be anything related to cancelling contracts (which Hetzner aren’t doing, they’re refusing to enter into another 30 day contract/renewal).
The regulations refer to what is being advertised not being delivered, which is not the case as the advertised product is being provided within the contracted period (30 days).
THERE IS NO ROLLING RENEWAL.
THE CONTRACT PERIOD IS NOT LIMITED BY TIME.
Read the fucking terms:
2.5. Contracts are concluded for an unlimited time period unless otherwise agreed.
2.6. The contract may be terminated by either party with 30 days' notice to the end of the month
Source: https://www.hetzner.com/legal/terms-and-conditions
It's a waste of time. Don't bother.
I've been through this with my ISP already and in the consumer protection agency. Guess who lost?
Some are just shills or right out blinded fanboys it's sad already
Thanks @kasodk … I already posted it twice, but well….
Those terms are typically referred to as a rolling contract. That is the contract is for an indefinite period with a set notice period to terminate the contract.
Granted, renewal is not the correct term here as Hetzner do not specify an initial period for the contract. However, I don’t believe that impacts upon what others have said about ending the agreement but am happy to be proven wrong.
I actually disagree with this form of advertising, and if there are hidden limits believe they should be specified in the terms. I also believe Hetzner has historically been poor at communication, which doesn’t help.
However, as things have been stated, I don’t believe this is illegal. I can also see why some prefer the “unlimited” advertising as it is effectively unlimited for them, with a small percentage of people potentially resulting in a hard limit having to be enforced.
LET Lawyers: unlimited != unlimited
It became illegal the second they sent that email. That's factually sanctioning a person for breaking some on the go made up thing that's not in the terms.
If Hetzner did cut off the customer because of bandwidth utilization within the contracted term - that would have been a breach of contract from their end. Pitchforks would have been justified.
However, as a business - they have the full right to decide against renewing a new contract, and in all fairness - they don't need to provide a reason as to why they decided against that.
Is it fair from a customers perspective? Perhaps not.
But I don't think that it is illegal either.
Again I’m unsure about that, but even if you’re correct surely it only would become illegal once they implement the sanction/cancel the contract? As of that email, they haven’t actually done anything.
As it goes I don’t use Hetzner, or any of the low cost Central European providers, because I find the communication to be terrible and customer service is often poor. Whether it’s a cultural thing or not as some have said in the past, I’ve no idea, but I don’t find this as much with US or UK providers.
They have demanded that OP drastically reduces his traffic, and then you say they haven't done anything.
In order to continue hosting your servers with us, the traffic use will need to be drastically reduced.They should just put a fuckin number into a fair use clause and it‘s done ffs
Have you even read the terms? They can cancel the contract for any reason they choose:
I was also contacted for bandwidth usage and its way less then 250Tb per server, at least for me they wanted to know server use case, but I was null routed for ~4h also for no real reason other then pushing upload 2x this month then in past (use case change and I do not monitor as its unlimited)
Can you quote the entire email?
I would not now as its resolved, if it happen again I will keep update then
Issue is hetzner is defo best vs value and even quality of service, and as many we do not think what happen if they dich us, I had 15 dedis and dozen VPS, VPS I have backup but for dedis I did not have, now I will use my brain more and not trust all my business on one company, more so as I do not have easy way and fast to migrate