(hereinafter the “Agreement”)
is entered by and between
Advanced Hosters B.V. (hereinafter “Company” or “We”, which means and includes Our successors, assigns and affiliates), and
YOU, personally or the person, entity on whose behalf You legally act (hereinafter referred to as “You”) jointly referred to as Parties,
by registering an Account, ordering or using Services, using Our websites, web-platforms, applications, online complex tech-for-tech products (including WEBSA), You acknowledge the obligation to comply with the Agreement, as follows:
In order to access Services, You shall register for an account (hereinafter “Account”).
Both at the registration stage and during the use of Services, You shall be required to provide the Company with
(i) accurate, complete information about Your name, postal and email address, contact information, means of payment, etc.; and
(ii) authentic documentation as requested; and
(iii) optional information about Yourself on a voluntary basis following the registration forms.
The usage of fictitious, fake information or documents, invalid contact details is forbidden. You shall maintain the relevance, completeness, accuracy of information and documents, validity of contact details (all updates shall be provided to the Company without unreasonable delays).
The Company reserves the right to request verification of the authenticity, completeness of documents, information or validity of contact details or to send requests for information or documents related to investigations by law enforcement. You shall provide comprehensive responses and comply with the requirements specified within 72 hours (or within 24 hours concerning urgent issues).
The Company may process and store Account information, relevant documents and all the information connected with Your Services, abuse and complaints details, relations with the Company within the validity period of the Agreement and not less than 10 years upon its termination.
If the Company shall have any reason to consider that Your Account contains incomplete, incorrect information, invalid contact details or false documents, or You shall not provide the Company with updates upon the Company’s request, Accounts and Services may be suspended until reliable information, authentic documents or valid contacts shall be provided.
The Company is entitled to send passwords to designated contact(s) in Account(s), to call designated phone numbers, or to ask security questions as a means to verify the identity of the person entitled to control the Account. The Company reserves the right to force password changes if necessary for security purposes.
The Company shall not be liable for any losses resulting from any unauthorized use of the Account; You shall indemnify the Company and hold the Company harmless for any such unauthorized use. You shall protect passwords, Account identifiers, payment details and other information connected with the Account. The Company shall not be responsible for losses or claims for any unintentional disclosure of such data which may result thereby. You shall notify the Company of any unauthorized or suspicious use of the Account or any other breach of security and shall take part in investigations or legal actions that shall be taken by authorities and/or the Company to investigate and cure the security incident or breach to the extent caused by Account or Your use of websites, Company’s web-platforms, applications, online complex tech-for-tech products and Services.
The Company agrees to provide Services to You on the terms and conditions of the Agreement. You may receive Services from either the Company, Company’s Affiliates or business partners. You may, from time to time, request the provision of any Services posted on websites, Company’s web-platforms, applications, online complex tech-for-tech products and available via your Account. The Company may accept or reject such requests.
Our legal relations with You concern hosting and related services only; the Company usually acts as a provider of intermediary services. The Company grants You permission to use Services, which are purchased pursuant to Service details publicized on websites, Company’s web-platforms, applications, online complex tech-for-tech products and available in Account. The Company does not initiate Your Content transmission, does not select the receiver of the transmission, and does not select or modify the information contained in the transmission; does not download, modify, edit or control Your Content or Content of Your end users, partners, etc. The Company shall not provide You with any censoring, moderation or other similar services concerning Your Content. Any control, censoring or analytic operations concerning Your Content shall not be performed by the Company unless otherwise shall be agreed in writing.
The Company shall not process any personal information as part of the Services, including pseudonymous, personal data (provided, however, that the Company may process the personal email addresses and telephone numbers of You or Your employees, contractors for the sole purpose of communicating about Services).
The Company shall use commercially reasonable efforts to provide access to websites, Company’s web-platforms, applications, online complex tech-for-tech products and Services 24 hours a day, seven days a week. The Company may temporarily suspend Services in order to perform any maintenance or repair works. The Company shall provide You with notice of such maintenance as soon as reasonably practicable under the circumstances.
Your Services may be limited by
(i) the volume of Content to be stored, and
(ii) the volume of Content to be sent and received by Company’s systems,
(iii) other limits established by the Company.
You acknowledge that upon the limit to be reached for any given period, any additional Traffic, Storage space or other aspects of Services over the limit may be charged in accordance with Company’s rates. If You do not use some part of allocated traffic, storage space or other aspect of Services within any given period, that unused allocated resources shall not “roll over.” All unused allocated aspects of Services in a given period shall be forfeited by You.
You are responsible for ensuring there is no excessive overloading of the Company’s DNS system, servers and infrastructure, or any Company’s hardware, software, web-platforms, applications or online products in any way related to Your use of thereof. If You exceed Your bandwidth and thereby overload the Company’s DNS system, servers or other hardware or software, You shall be assigned any and all fees, costs, and penalties associated with such overloading. For Cloud Servers, CPU utilization limits are in effect; consistent excessive CPU, network or disk load is considered service misuse, which may result in Service termination.
The Company shall maintain control or ownership of any and all Internet protocol (“IP”) numbers and addresses that the Company may assign to You. Any control or ownership of any and all IP numbers and addresses shall not be transferred to You. The Company does not warrant that You shall maintain given IP addresses consistently; You may be assigned different IPs.
The Company may request justification to purchase IP addresses for You. You shall provide the Company with any and all information reasonably required by the Company to justify such a purchase, and the Company shall have sole discretion in determining whether the justification is satisfactory. Your details and documents may be disclosed to certain third parties, including, but not limited to, Administrators of IP addresses and ASNs, and such information may be displayed in the certain Whois database (unless it shall be forbidden under the applicable laws).
You undertake to use Services in accordance with:
(i) the Agreement and all applicable laws; and
(ii)reasonable operating instructions given in writing or orally, or in any way made public by the Company; and
(iii) Acceptable Use Policy (hereinafter “AUP”).
If the Company provides You with third-party hardware or software products on a pass-through basis and to the extent that such hardware or software is not provided as part of Service as defined in the Agreement, the Company makes no representations or warranties as to any third-party hardware or software provided to You, all of which is transferred to You on an “AS IS” basis and subject to any third-party terms and conditions. You shall look solely to the warranties and remedies provided by the software developer, equipment manufacturer and third-party licensor, if any.
You grant permission for the Company, its employees and contractors to have access to hardware or software elements of Service rendering or other aspects of Services to provide Services, including without limitation, to:
(i) execute any works in connection with the delivery, installation, inspection, maintenance, adjustment, repair, alteration, moving, replacement, renewal or removal of equipment; and operate any Services equipment, hardware or software elements;
(ii) execute any works in connection with Services provision. The Company shall not be granted any permission to execute any works except expressly specified by You, shall not be granted access to any part of Your infrastructure, except expressly specified by You.
If You request technical support or order Services that include administration support, You hereby authorize the Company to log into or otherwise access Your resources for the purposes related thereto only. You are not authorizing the Company to perform any operations except expressly specified by You in writing and accepted by the Company. All the data and Content of Your web-resources shall be confidential and remain unreachable to the Company.
When using Services, You shall have the right to restrict Company’s access to the IPMI/iDRAC of the corresponding server, intended for autonomous monitoring and control, built into the server hardware, if such access has been granted. If You decide to remove or change the access data to the IPMI/iDRAC of the respective server, You fully release the Company from liability for the possible consequences of these actions. If You ask for assistance regarding the equipment replacement that has failed or changing server configurations, You shall grant the Company access to the IPMI/iDRAC of the corresponding server. In case You discontinue the paid use, order an upgrade or replacement of a server, You shall also be requested to share data to access the IPMI/iDRAC of the corresponding server.
The Company may modify, change or discontinue any aspect of websites, Company’s web-platforms, applications, online complex tech-for-tech products or Services without any notices or Your consent (including limiting the functionality of previously available Services or adding new features to existing Services).
We may offer access to or use of certain features, technologies, data centers regions, and services that are not yet generally available, including, but not limited to, any products, services, or features labeled “beta”, “preview”, “pre-release”, or “experimental” (each, a “Beta Service”). You must comply with all terms related to any Beta Service as posted on websites, Company’s web-platforms, applications, online complex tech-for-tech products, or otherwise made available to You. We may add or modify terms, including lowering or raising any usage limits related to access to or use of any Beta Services at any time.
You may provide the Company with information relating to Your access, use, testing, or evaluation of Beta Services, including observations or information regarding the performance, features, and functionality of Beta Services (“Test Observations”). We shall own and may use and evaluate all Test Observations for Company’s own purposes. You shall not use any Test Observations except for Your internal evaluation purposes of any Beta Service. Suggestions concerning a Beta Service and any other information about or involving (including the existence of) any Beta Service are considered Confidential Information.
Your access to and use of each Beta Service shall automatically terminate upon the release of a generally available version of the applicable Beta Service or upon notice of termination.
WITHOUT LIMITING ANY DISCLAIMERS, BETA SERVICES ARE NOT READY FOR GENERAL COMMERCIAL RELEASE OR USE IN A PRODUCTION ENVIRONMENT AND MAY CONTAIN BUGS, ERRORS, DEFECTS, OR HARMFUL COMPONENTS.
The Company shall issue invoices for all the Services. You agree that invoices may be issued by the Company or Company’s Affiliates or business partners (on behalf of the Company).
Invoices will be issued on a monthly basis by the 10th business day of each month for the previous month based on the actual services that were provided during the period. The Company reserves the right to charge any and all fees prior to the commencement of any Service being provided. In this case, you will receive a payment request, the document for the advanced payment for the current month’s services. The payment request calculations are made on the base of previous month’s consumption; the payment request constitutes the basis for effecting a payment. Customers will receive invoices via email or through their account portal.
Company’s tariffs and rates for Services shall be posted or available in Your Account or provided by Invoices unless otherwise expressly stated. The Company may charge You for assistance or support services at Company’s then-current prices.
You agree to pay all the charges associated with Services ordered, purchased or received without set-off or deduction. You shall be charged the amount shown during the making of Your order and any additional charges that may accrue to Your account (e.g., for exceeding Your allocated traffic, bank/merchant fees) and all transaction costs, including currency exchange costs.
Company’s Services shall commence at a time commercially reasonable after payment of the charges unless otherwise agreed. You are obligated to pay all charges accrued and fees due for the following month for Company’s Services on the due date of each month specified in Your invoice.
The Company may use third-party payment processors (the “Payment Processors”) to bill You through the payment account(s) linked to Your Account. The processing of payments may be subject to the terms, conditions and policies of the Payment Processors in addition to the Agreement. We are not responsible for acts or omissions of the Payment Processors. You agree to pay Us, through the Payment Processors or as otherwise agreed, all sums for Services You select, enable, order or use at applicable prices in accordance with our pricing and billing policies, and You hereby authorize the Company and relevant Payment Processors to charge all such sums (including all applicable taxes) to the payment method(s) specified in or linked to Your Account.
Payment is due within 15 days from the invoice date.
Late payments may be subject to late fees, as outlined in the “Late Payments and Fees” section.
Payment may be processed by any of the methods posted and available on websites, Your Account, specified in Your invoices, additionally agreed upon. If you want to make a payment by wire transfer (bank transfer), please make a request to the finance department through the Helpdesk from your account.
Customers are responsible for any transaction fees associated with their chosen payment method.
Payments not received by the due date may be subject to a late fee of 6% per month. The late fee will be calculated based on the outstanding balance.
If payment is not received within 15 days of the due date, Services may be temporarily suspended. A reactivation fee may apply to reinstate services.
You shall notify the Company of any billing disputes within 5 business days of receiving an invoice.
We shall investigate billing disputes promptly and provide a resolution within 10 business days.
All payments are non-refundable unless expressly stated otherwise. Refunds may be considered on a case-by-case basis, and eligibility will be determined based on Our policies.
The Company reserves the right to change the pricing policy, the cost of a particular Service, and the procedure for paying at any time, and such changes shall be published on websites, Company’s web-platforms, applications, online complex tech-for-tech products and Account or specified in agreements and shall take effect immediately without prior notice or signing any agreement with You, unless otherwise expressly stated. You shall be notified of any changes to pricing at least 30 days in advance. The Company may not send a prior notice of charge increases if increases were made by third parties.
Customers who do not agree to the new pricing may have the option to terminate their services within 30 days after such price increase without penalty.
Prices listed do not include applicable taxes. Customers are responsible for any taxes imposed by local or national authorities.
If You are required by law to make any withholding (or other deduction) from charges, You shall:
(i) gross up the amount payable in order to apply the applicable laws so that, after payment of any withholdings, the net amount received by the Company shall be equal to the actual amount payable under the invoice; and
(ii) make payment of the applicable withholdings to the relevant authority.
If any taxing authority asserts any claim that You should have made a deduction or withholding, You agree to indemnify the Company and to hold the Company harmless on an after-tax basis, from and against any resulting claim for taxes, interest or penalties.
In certain states, countries, We may determine if Your purchase of Services is subject to certain taxes, and if so, may collect such taxes and remit them to the appropriate taxing authority. If you believe that a given tax does not apply or that some amount must be withheld from payments thereunder, You must promptly provide the Company with a tax certificate, withholding receipt, tax identifier or other adequate evidence, provided such information is valid and sufficiently authorized by appropriate authorities. You must also provide the Company with any tax identification information that is necessary for the Company to comply with our tax obligations, as We determine from time to time. You shall be solely responsible for any misrepresentations made or non-compliance caused by You regarding taxes, whether with respect to the Company, including any penalties, fines, audits, interest, back-payments or further taxes associated with such misrepresentations or non-compliance.
Using Services, You may upload, store, publish, submit, reproduce, distribute or otherwise use information, text, images, videos, files, links, data, folders, other media and content, including Content that is used by Your clients, end users, and persons who use Your services and resources in any form (hereinafter “Your Content’).
You shall be solely responsible for Your Content and any actions that are carried out concerning Your Content by Your users (as well as clients, end users, partners). You shall be solely responsible for ensuring that Your Content is used and operated properly under the full scope of licenses, rights, consents, permissions bound by laws. You are responsible for compliance with laws. You shall be responsible for all the consequences of Your Content being uploaded or otherwise used.
You affirm, represent, and warrant that:
(i) Your Content, Your activity and activity, operations of Your end users, partners and clients shall be in compliance with AUP incorporated herein by this reference; and
(ii) You are solely responsible for the development, moderation, operation, maintenance, support and use of Your Content, including when Your Content is contributed by Your end users, partners, clients; and
(iii) You are solely responsible for the technical operation of Your Content, including, but not limited to, on behalf of Your end users, partners and clients.
The Company may (but is not obligated to) monitor (at its own discretion) and take appropriate preventive action (including, but not limited to, Your Content removal, blocking or other available technical actions) in case of violation of the Agreement or applicable laws. You shall irrevocably waive and cause to be waived against the Company any claims and assertions of rights or attribution with respect to Your Content.
You shall safeguard resources and Your Content, including but not limited to:
(i) preventing any loss or damage; and
(ii) maintaining independent archival and backup copies. The Company shall not retain any preservations or backups of Your Content; and
(iii) shall not ensure the security, confidentiality, and integrity of Your Content and information transmitted through, managed or stored using Service.
The Company shall have no liability for any data loss, unavailability, or other consequences related.
For technical purposes only, the Company may back up Your Content. The Company makes no warranties or guarantees of any kind, either express or implied, as to the integrity and timeliness of these back-ups. If data loss occurs due to errors, the Company shall attempt to recover the data at no charge to You. If loss of data occurs otherwise, You may request the Company for an attempt to recover the data from the Company’s most recent back-up at then-current fees.
The Company shall own its intellectual property, including all patents, trademarks, names, domain names, copyrights, logos, trade secrets, design, system architecture, computer code (including source code or object code), software and all other forms of intellectual property.
The Company shall grant You a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to use Company’s intellectual property as an integral part of Services and websites, Company’s web-platforms, applications, online complex tech-for-tech products only. You may only use websites, Company’s web-platforms, applications, online complex tech-for-tech products and Services as expressly authorized by the Company and as set forth in the Agreement within the term of Your orders under the Agreement.
No commercial use rights or any licenses under any patent, patent application, copyright, trademark, know-how, trade secret, or any other intellectual proprietary rights are granted by the Company to You except otherwise specified. You agree not to copy, modify, publish, transmit, distribute, participate in the transfer or sale of, create derivative works of, or in any other way exploit, in whole or in part, any Company’s intellectual property.
Any improvements to existing intellectual property shall be owned by the Company. If You choose to provide input and suggestions regarding problems with or proposed modifications or improvements to websites, Company’s web-platforms, applications, online complex tech-for-tech products and Services (hereinafter “Feedback”), then You hereby grant to the Company an unrestricted, perpetual, irrevocable, non-exclusive, free of charge, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve websites, Company’s web-platforms, applications, online complex tech-for-tech products and Services and create other products and services.
You understand and acknowledge that You may be exposed to content from a variety of sources, including content made available by other users or by links to other websites (hereinafter “Third-Party Content”) and that the Company does not control and is not responsible for any Third-Party Content. The Company assumes no responsibility for the content, privacy policies, or practices of the third party and their owners and operators. The Company also makes no representation and warranty as to the accuracy, completeness or authenticity of information of the Third-Party Content, and the Company shall not be liable for any and all liability arising from the exploitation of any Third-Party Content or in connection with the use of or reliance on any such third-party resource. The inclusion of any such link does not imply our endorsement or any association between the Company and any third party.
You may be exposed to Third-Party Content, which may cause harm to computer systems. You agree to waive and hereby do waive any legal or equitable rights or remedies You may have against the Company with respect thereto.
Before You use our websites, Company’s web-platforms, applications, online complex tech-for-tech products and Services, You must ensure that such use is in compliance with all laws, rules and regulations applicable to You. Your right to access Company’s websites, web-platforms, applications, online complex tech-for-tech products and Services is revoked to the extent Your use thereof is prohibited or to the extent our provision thereof conflicts with any applicable law, rule or regulation.
You shall comply with AUP. You shall enter into a legally binding paper or electronic agreements with Your end users, partners or clients, which shall be no less protective than the Agreement and contain requirements similar to the Agreement regarding AUP.
You shall be solely responsible for all actions that shall be legally or illegally carried out using Your Account, web-resources by You or third parties, including but not limited to
(i) producing, uploading, broadcasting or making available any Content, as well as maintaining websites, HTML files, scripts, applets, applications, media, or any other Content uploaded to servers (server places) by You or
(ii) which You allow others to upload to servers (server places).
Agreement commences shall continue 1 year from the later date (i) date of Your Account creation or (ii) the effective date of the Agreement. The Agreement shall extend automatically on a year-to-year basis unless earlier terminated pursuant to the Agreement.
Either Party may terminate the Agreement at any time by giving the other Party 90 days’ prior notice
unless otherwise expressly stated.
Every natural person who is a resident of the EU shall have a period of 14 days from the date of commencement of the Agreement to withdraw from the Agreement without giving any reason and without incurring any costs. However, in the case Services were provided during this period, You must pay for all Services provided.
The Company may terminate the Agreement, suspend or block Services (in full or partly) or Your access to websites, Company’s web-platforms, applications, online complex tech-for-tech products or Account at any time, with or without a notice, in its sole discretion:
(i) in the case of any actual or potential violation of the Agreement, applicable laws by You (including Your partners, users, customers); or
(ii) if You have provided the Company with false, inaccurate or misleading information (documents), invalid contacts; or
(iii) to protect the integrity and stability of Company’s infrastructure; or
(iv) to comply with any applicable laws, government rules or requirements, applicable dispute resolution process, requests of any authority; or
(v) to avoid any liability; or
(vi) if You have failed to pay charges for Services within fifteen (15) days of the due date, or in case Your payment failed for any reason; or
(vii) if there shall be a violation of any U.S. or EU sanctions, export or import laws, any executive orders, or any rules, regulations or orders issued by the U.S., European Union authorities.
Any such termination may result in the immediate forfeiture and destruction of data associated with Your Account. Termination may take place immediately.
Should Your Account be suspended for any reason other than the Company’s breach of this Agreement, charges related to your Account shall continue to accrue.
Upon any suspension or termination:
(i) You shall cease to use Services; and
(ii) You shall immediately pay the Company all charges due and payable for Services at the date of such suspension or termination, penalties and expenses; and
(iii) any and all rights granted to You by the Agreement shall immediately be terminated; and
(iv) moving Your Content off is Your responsibility. The Company shall not transfer or FTP Content to other providers or servers; and
(v) You shall pay the Company the following early termination fees, which represent a reasonable estimation of Company’s minimal damages in the event of early termination or breach of the Agreement: an amount equal to two-thirds (2/3) of the monthly payment which You should have paid, and; any applicable third-party early termination charges (including but not limited to any cancellation charges) incurred in relation to such termination; all fees to third-party providers that You committed to pay in connection with the Company commitment under the Agreement for the duration of the Agreement.
The Company or its partners may, but shall not be obligated to:
(i) delete or deactivate Your Account, or
(ii) block e-mail and/or IP addresses or otherwise terminate use of Services; or
(iii) revoke all accesses, equipment relating to the Services; or
(iv) permanently delete Your Content, without the ability to reopen or restore such Content; or
(v) take any other action to prevent Your usage of Services.
The Company shall not be obligated to pay You any amounts owing to You.
In the event of the Agreement’s termination for any reason, Sections 1, 3, 4, 5, 6, 7, 8, 9, 10 shall survive.
You shall indemnify, hold harmless, defend the Company and its subsidiary, parent entities, predecessors, successors, affiliates, assigns, and all of their respective current and former officers, directors, members, shareholders, agents, contractors and employees (the “Indemnified Parties”) from any and all Claims.
A “Claim” means any action, cause of threatened, pending or completed action, suit, proceeding, claim, alternative dispute resolution mechanism, any hearing inquiry or investigation, demand of any third party (and all resulting judgments, bona fide settlements, penalties, damages, losses, liabilities, costs, and expenses (including without limitation reasonable attorneys’ fees and costs, investigation, legal, court and other out-of-pocket obligations, costs of being a witness)) whether civil, criminal, administrative, investigative or otherwise, which arise out of:
(i) Your (Your partners’, users’, clients’) breach of Agreement or any of applicable laws and regulations, or
(ii) the operation of Your (Your partners’, users’, clients’) web-resources, services, activity, Content; or
(iii) any negligent act or omission by You (Your partners, users, clients), or
(iv) any third-party claim, action, or demand related to You or Your (Your partners’, users’, clients’) web-resources, services, activity, Content; or
(v) willful misconduct, negligence, illegal activity, breach of security or data, unauthorized access to or use of Your Account, or infringement of a third party’s right, including any intellectual property, confidentiality, property or privacy right.
The Company reserves the right to participate in the proceedings of any Claim subject to indemnification from You, but the Company shall have no obligation to do so. You shall not settle any such Claim without Company’s prior consent, in cases if the consequences of such settlement may affect the Company in any way (damages, penalties, costs, reputation damages, etc.) The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, without limiting your indemnification obligations with respect to that matter, in which event you shall make best efforts to assist and cooperate with us in defending the matter at your expense.
If You are involved in a dispute with any third parties, You hereby release the Company, Company’s officers, employees, agents and successors-in-right from claims, demands and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or Services. You shall pay Company damages, penalties and costs connected with all Claims and their consequences arising.
Confidential Information (hereinafter “CI”) means all information (whether in written, electronic or oral form) disclosed by one Party (“Disclosing Party”) to the other Party (“Receiving Party”), or its officers, directors, employees, consultants, contractors, subcontractors, agents, advisors and other representatives of such Party under the terms and for purposes of the Agreement (including information disclosed in the course of negotiation of the Agreement and the existence of terms of the Agreement) that is not generally known to the public and that is designated as confidential or otherwise should reasonably be understood as confidential given the nature and circumstances of its disclosure.
Company’s CI includes but is not limited to:
(i) information about Our technology, customers, business plans, marketing and sales activities, finances, operations and other business information; and
(ii) the existence and content of our discussions or negotiations with You regarding Your Account and/or use of Services.
The Receiving Party may use the CI solely for purposes of the Agreement. The Receiving Party shall not, and shall cause its representatives not to, directly or indirectly, disclose, copy, distribute, republish or allow any third party to have access to any CI without the prior consent of the Disclosing Party.
The Receiving Party shall treat as strictly confidential and use all reasonable efforts to preserve the secrecy and confidentiality of all CI received, but no less than a reasonable degree of care, to prevent the unauthorized disclosure of such CI as the Receiving Party uses to protect its own confidential information of alike nature.
Notwithstanding the foregoing, the Receiving Party may disclose such CI to
(i) its Representatives solely on a need-to-know basis in connection with the performance of the Receiving Party’s obligations or rights under the Agreement, provided that the Receiving Party shall be responsible for the compliance of its representatives hereunder, and such representatives shall be subject to a written confidentiality agreement or otherwise subject to fiduciary obligations of confidentiality covering the treatment of CI, with confidentiality restrictions no less protective than provided in the Agreement; and
(ii) to a court, regulatory or other governmental authority to the extent that such disclosure is required by governmental order, subpoena, or law.
In the event of a breach of the confidentiality and security provisions set forth in the Agreement, the Receiving Party shall be liable for damages arising from such breach, subject to the limitations of liability set forth in the Agreement.
If the Receiving Party becomes aware of any unauthorized use or disclosure of CI, the Receiving Party shall promptly notify the Disclosing Party of all facts known to it concerning such unauthorized use or disclosure and take all reasonable steps to mitigate any potential harm or further disclosure, loss or destruction of such CI. If the Receiving Party becomes legally compelled by law, deposition, interrogatory, request for documents, subpoena, civil investigative demand or similar judicial or administrative process to disclose any of CI, the Receiving Party shall obtain assurance that confidential treatment shall be accorded so disclosed CI.
Receiving Party shall, within thirty (30) calendar days after the expiration or termination of the Agreement, and at any other time upon written request by Disclosing Party, either:
(i) return to Disclosing Party all CI (or such portion requested), including any copies, duplicates, summaries, abstracts or other representations of any such CI, in whatever form, then in its possession or control; or
(ii) permanently delete such Confidential Information from its computer and storage systems, media, and destroy any and all tangible copies thereof. Upon request by the Disclosing Party, the Receiving Party shall deliver to the Disclosing Party written certification of its compliance with this Section.
Notwithstanding the foregoing, all the data and documents specified in Section 1 shall be stored by the Company within the term specified and shall not be returned or deleted under Section 8.
Services and websites, Company’s web-platforms, applications, online complex tech-for-tech products are provided on “as is” and “as available” basis. Your use of websites, Company’s web-platforms, applications, online complex tech-for-tech products and Services is solely at your own risk.
Company disclaims any warranties relating to websites, Company’s web-platforms, applications, online complex tech-for-tech products and Services, and all content delivered in connection thereto, including but not limited to
(i) that Service shall meet Your requirements or expectations, shall be available at any particular time or location, any defects or errors shall be corrected immediately; or
(ii) the results that may be obtained from use of Service shall be accurate or reliable; or
(iii) any warranty arising out of course of dealing, usage, or trade, any warranty or guaranty relating to availability, accuracy, error rate, system integrity, or uninterrupted access; or
(iv) merchantability, fitness for a particular purpose, non-infringement, interoperability; or
(v) that any content or software available at or through websites, Company’s web-platforms, applications, online complex tech-for-tech products or Services is free of viruses or other harmful components.
The failure, delay or interruption of any Services shall not be deemed a breach of the Agreement, including but not limited to:
(i) resulting from circumstances beyond the Company’s reasonable control, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion and other failures; or
(ii) to the extent that Services (or any of them) cannot reasonably be provided as a result of works of inspection, equipment malfunction, maintenance by Company or its Suppliers, partners, repair or other works being carried out at any facility; or
(iii) equipment malfunctions;
(iv) the delay or failure of You in the performance of any of Your obligations under this Agreement.
You (Your customers, clients, partners) warrant that:
(i) no consent, approval, order, license, permit or authorization is required for performance obligations hereunder of any Government structure of the USA or any country of the European Union;
(ii) they are not listed in any sanctions registers of the USA or any European Union country regarding Russian invasion in Ukraine since 2022, or the Ukrainian-Russian military conflict started in 2014.
The limitations, exclusions, and disclaimers in this Section apply to the fullest extent permitted by law. The Company does not disclaim any warranty or other right that we are prohibited from disclaiming under applicable laws.
UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE TO YOU OR OTHER PERSONS OR ENTITIES FOR DIRECT, INDIRECT INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, GOODWILL DAMAGES, LOSS OF DATA OR COSTS OF PROCUREMENT, LICENSES, ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, RESULTING FROM ANY ASPECT OF YOUR USE OF, MISUSE OF OR INABILITY TO USE SERVICE AND WEBSITES, WHETHER SUCH DAMAGES ARISE FROM
(i) YOUR (YOUR CLIENTS’, PARTNERS’, USERS’) USE, MISUSE OR INABILITY TO USE SERVICE, VIOLATION OF AGREEMENT,
(ii) YOUR RELIANCE ON ANY CONTENT STORED, OPERATED, MADE AVAILABLE OR CONTAINED WITHIN OR IN RELATION TO THE SERVICE,
(iii) THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION OR COMPLETE DISCONTINUANCE OF SERVICE,
(iv) THE TERMINATION OF THE SERVICE BY US,
(v) THE TEMPORARY OR PERMANENT SHUTDOWN OF YOUR WEBSITES OR OTHER RESOURCES PARTICIPATING IN THE SERVICE,
(vi) THE CLAIMS OF THIRD PARTIES,
REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGE.
THE FOREGOING SHALL APPLY REGARDLESS OF THE NEGLIGENCE OR OTHER FAULT OF EITHER PARTY AND REGARDLESS OF WHETHER SUCH LIABILITY SOUNDS IN CONTRACT, NEGLIGENCE, TORT OR ANY OTHER THEORY OF LIABILITY. THESE LIMITATIONS ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED OR ADVERTISED IN CONNECTION WITH THE SERVICE.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE OR ANY OTHER GRIEVANCE SHALL BE TERMINATION OF YOUR USE OF THE SERVICE.
COMPANY SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION, OR UNINTENDED DISCLOSURE OF DATA, INFORMATION, OR CONTENT TRANSMITTED, RECEIVED, OR STORED ON COMPANY’S, YOUR OR ANY THIRD PARTY’S SYSTEMS.
IN NO CASE SHALL THE MAXIMUM LIABILITY OF THE COMPANY ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE OR WEBSITES EXCEED ONE (1) MONTHLY FEE FOR SERVICE OR DEVICES PROVIDED PAID BY YOU TO THE COMPANY FOR SERVICES IN THE MONTH PERIOD PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM.
Each clause of the Agreement that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the Company and You under the Agreement. This allocation is an essential element of the basis of the bargain between You and Us. The limitations in this section shall apply even if any limited remedy fails for its essential purpose.
The Company may vary or modify the Agreement. All the amendments shall be enforced on the date of being posted on websites, Company’s web-platforms, applications, online complex tech-for-tech products unless otherwise shall be specified. By continuing access or use of websites, Company’s web-platforms, applications, online complex tech-for-tech products or Services after the date specified in the notice or updated Agreement, You agree to accept and be bound by the updated Agreement and all of the terms incorporated therein.
The Company shall notify You of all significant amendments to the Agreement. If You disagree to comply with significant amendments, You shall be entitled to terminate the Agreement with 60 days’ prior notice to the Company except for amendments made under new laws or regulations.
The Company may (but is not obliged) notify You of all non-significant amendments to the Agreement.
ELIGIBILITY. Services are not targeted towards, nor intended for use by, anyone under the age of 18. You confirm that You have reached the age of 18, or it is legally established that You have the right to accept and comply with the Agreement, effect payments. If You do not meet the above conditions, do not register on Company’s resources, do not use Services (otherwise, the Company is not responsible for any consequences).
If You act on behalf of another person, entity, You warrant that You are an authorized representative of such person, entity; You have the authority to enter into the Agreement on behalf of such a person, entity, to bind on its behalf. If You do not have the permissions, authority to act on behalf of another person, entity, You shall be personally liable for all the consequences, including penalties, damages.
You confirm that You are not located, managed, operated in a country-subject to the sanctions of the U.S. or EU governments. You also are not owned or controlled by persons or entities located, managed, operated in the above-mentioned sanctioned countries or being residents (citizens) of the above-mentioned sanctioned countries.
ELECTRONIC DOCUMENTATION. For the purpose of the Agreement, electronic signatures and documents transmitted via email or other electronic means or media shall be valid. As between the Parties and any Party claiming through them, neither the Agreement nor any electronic record or signature may be challenged or denied legal effect or enforceability because it is in electronic form. It is the express intent of the Parties that if any applicable law requires a record or signature to be in writing, an electronic signature or record shall satisfy that law.
NO PUBLICITY. Except to the extent that either Party obtains the prior written approval of the other Party (which approval may be withheld in such Party’s sole discretion), Parties shall not directly or indirectly issue or permit the issuance of any publicity, press or news release, or other public statements concerning the relationship between Parties, the terms or existence of the Agreement and/or any Service order forms, or any of the transactions contemplated by Parties, and Parties shall not use the name, trademarks, logos or service marks of other Party in any promotional materials. Any approval or consent given by either Party under the Agreement for any continued use may be revoked by such Party at any time by giving the other Party written notice of such revocation.
INDEPENDENT CONTRACTORS. Parties are independent contractors and have no right or authority to bind or commit the other party in any way without the other party’s express written authorization to do so. The Agreement does not establish employer/employee, joint venture, partnership, franchise, sales representative or agency relations. You have no authority to make or accept any offers or representations on Company’s behalf. Without the Company’s prior written consent, You shall not resell or provide Services to third parties for commercial purposes, including technology related to the Company.
DATA PROTECTION. Company retains the Privacy Policy incorporated herein by this reference, which imposes additional restrictions and obligations on You.
ASSIGNMENT. You may not assign or transfer the Agreement or any of Your rights or obligations hereunder without the Company’s prior consent. Any attempted assignment in violation of the foregoing provision shall be invalid whatsoever.
The Company may assign its rights and obligations under the Agreement without Your prior consent or notification.
You agree that: the Company may subcontract any of Services to any third-party subcontractors and/or subcontract or assign any of its obligations to any of its Affiliates; and if the Company does not have the applicable right or license to provide Services in any applicable jurisdiction, then it shall procure that such Services are provided by an Affiliate (or a third party) duly licensed under the laws of that jurisdiction.
FORCE MAJEURE. Except as to the obligation of You to make payments, neither Party shall be deemed to be in breach of the Agreement or otherwise liable to the other as a result of any delay or failure in the performance of its obligations under the Agreement, if and to the extent that such delay or failure is caused by a Force Majeure Event. Either Party may, by written notice, terminate the Services affected by a Force Majeure Event if such event lasts for a continuous period of ninety (90) days.
GOVERNING LAW AND ARBITRATION. The legal relations arising out of or relating to the Agreement are governed by the legislation of the Republic of Cyprus without regard to conflict of law provisions. Any dispute, claim or controversy arising out of or relating to the Agreement or the violation, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of the Agreement to arbitrate, shall be treated by the courts of the Republic of Cyprus without regard to conflict of law provisions. For any claim brought by either party, You agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of the courts located in the Republic of Cyprus.
Some jurisdictions do not allow some of the disclaimers of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to You insofar as they relate to implied warranties.
EXPORT RESTRICTIONS. You must comply with U.S. and European laws that prohibit or limit the ability of exporting or providing goods or services to certain persons or countries. You shall comply with all U.S. and EU export regulations if shipping to another country, including licensing requirements.
COMMUNICATIONS. Any notice or communication required or authorized by the Agreement must
be in writing and in English.
The Company may provide You with notices by email, regular mail, instant messages, notifications in Your Account, etc. Notice is deemed to be received by You when it is sent by the Company. If the Company sets a deadline for You to perform specific actions, then such a period is considered from the moment the notice is sent to the email address You specified in Your Account or as a notification in Your Account, other communication devices and cannot be suspended or renewed due to the situation You did not get or read the notice from the Company.
Notices to the Company must be delivered to e-mail addresses posted on websites or as a notification in Your Account, shall be deemed to be received when actually received by the Company.
You undertake to carry out or organize continuous monitoring of incoming messages to the contacts associated with Your Account. You bear the risks and responsibility for the consequences if You do not read or do not receive the messages from the Company timely for any reason. Any notice that We send to Your contact details or by a notification in Your Account shall be effective when sent, whether or not You actually receive or read it.
Under no circumstances shall the Company be liable to You or other persons or entities for direct, indirect incidental, special, consequential or exemplary damages and any consequences (including, but not limited to, Service providing suspicion) in case (i) caused by You sending a notice from e-mail address (other sources) not mentioned in Your Account and (ii) Your notification contains insufficient information, and the Company is unable to identify Your identity or matter for a notice.
You can submit notices using details on Our Contact page (emails or tickets in Your account are preferable).
WAIVER. No delay or failure by either party to exercise any of its powers, rights or remedies under this Agreement shall operate as a waiver of them, nor any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver must be in writing to be effective.
JURIDICAL NATURE. The Agreement, including all documents expressly incorporated by reference herein, constitutes the entire agreement between Parties.
You shall accept the Agreement by
(i) registering for an Account, or
(ii) ordering and using Services; or
(iii) paying for Services.
The admissible and sufficient evidence of Your acceptance of the Agreement shall be log files (files with the list of registered events of registration, ordering of services, etc.). The Company may implement additional procedures for Your acceptance verification, including but not limited to authorization by a unique link, a special code received by SMS, etc.
The Agreement, amendments to it, Company’s policies, procedures and all the legal documents posted on websites, Company’s web-platforms, applications, online complex tech-for-tech products (including WEBSA) constitute the entire agreement between You and the Company
If any provision of the Agreement shall be held to be illegal, void, invalid or unenforceable under the laws of any jurisdiction, the legality, validity and enforceability of the remainder of Agreement in that jurisdiction shall not be affected, and the legality, validity and enforceability of the whole of Agreement in any other jurisdiction shall not be affected.
By using Services, You shall agree to fulfill all the policies and regulations posted on websites, Company’s web-platforms, applications, online complex tech-for-tech products (including WEBSA). All the Company’s policies and regulations are an integral part of the Agreement and are bound by You. Violation of Company’s policies and regulations shall be treated as a violation of the Agreement.
The Agreement lays out the core of Company’s terms of service provision, but we also have other contractual documents that You shall accept as additional terms for specific topics. These other documents are incorporated by reference as if they were written here and form part of the overall Agreement. Therefore, You should also review these other documents, which can be found at the links below:
(i) AUP, which outlines prohibited uses of our Services; and
(ii) Privacy Policy, which outlines how we collect, use, and share data in our websites and Services; and
(iii) Cookie Notice; and
(iv) Claim Consideration Policy, which outlines the main principles of claims processing
The English language version of Agreement is the official version and translations in other languages are for informational purposes only.
DEFINITIONS. In this Agreement, except where the context otherwise requires, the following words and expressions shall have the following meanings:
Charges means any and all fees which the Company may charge You for any Service provided or due pursuant to the Agreement.
Co-location services means renting space for Your servers and other computing hardware.
Dedicated server hosting services means the provision of a dedicated server(s) for rent and/or use by You.
Dedicated server means the computer server equipment (platform, hardware, operating system software etc. as selected by the Company) provided by the Company on rental for the sole use of You.
Services means the applicable Services as ordered by and provided to your Account, including but not limited to Hosting, Web-Hosting, Co-location services, Dedicated servers, Cloud Services, CDN, Devices rent, Cache-services, IP, snapshots, auto-backup and other services provided by the Company.
Burstable bandwidth – is a type of network connection that provides You with the capability to burst up to the physical capacity of the port during short periods of time as required.
Force Majeure Event means an event beyond a party’s reasonable control, including without limitation:
(i) any strike, lockout or other industrial action (except those by that party’s employees), or any shortage of or difficulty in obtaining labour, fuel, raw materials or components; or
(ii) any destruction, temporary or permanent breakdown, malfunction or damage of or to any premises, plant, equipment (including computer systems) or materials caused by the acts or omissions of any unrelated third party, including without limitation, cable cuts or other damage to cables by a third party or by reason of any event; or
(iii) any action taken by an authority of any kind, including, without limitation, not granting a consent, exemption, approval or clearance or imposing an embargo, export or import restriction, rationing, quota or other restriction or prohibition; or
(iv) any civil commotion or disorder, riot, invasion, terrorist attack, war, threat of or preparation for war; or
(v) any accident, fire, or explosion, (other than in each case, one caused by a breach of contract, by or with assistance of the party concerned) storm, flood, earthquake, subsidence, epidemic or other natural physical disaster.
Please review these terms and conditions of service carefully before using any of advancedhosing.com Services.
This document states the general terms and conditions (these “Terms”) upon which advancedhosting.com (“we” or “us”), will provide web hosting or other related services to you (the “Service”). These Terms constitute a contractual agreement between you and us. By visiting, accessing, using, joining, and/or participating in (collectively “using”) the Service, you express your understanding and acceptance of these Terms. As used in this document, the terms “you” or “your” refer to you, any entity you represent, your or its representatives, successors, assigns and affiliates, and any of your or their devices. If you do not agree to be bound by these Terms, navigate away from the Service and cease using it.
You must be over eighteen (18) years of age to use the Service unless the age of majority in your jurisdiction is greater than eighteen (18) years of age, in which case you must be at least the age of majority in your jurisdiction. By accepting these Terms you represent and warrant that you are at least the minimum age as required by the previous sentence. Use of the Service is further not permitted where prohibited and you represent and warrant that you are not otherwise prohibited to use the Service.
2.1 We grant you a non-exclusive, non-transferable, and limited right to access, non-publicly display, and use the Service, including the hosting services and content available therein (the “Content”), on your computer consistent with these Terms.
2.2 This grant of use services is terminable (including a partial termination or limitation) by us at will for any reason and at our sole discretion, with or without prior notice. Upon termination we may, but shall not be obligated to: (i) delete or deactivate your Account (as defined below), (ii) block your e-mail and/or IP addresses or otherwise terminate your use of the Service, and/or (iii) take any other action to prevent your use of the Service. If you terminate for any reason, or if we terminate for cause, including for breach of any the Acceptable Use Policy (defined below), then we shall not be obligated to pay you any amounts owing to you. Upon termination by us, you agree not to use or attempt to use the Service after said termination. Upon termination for any reason, the grant of your right to use the Service shall terminate, but all other portions of these Terms shall survive. In the event You terminate this Agreement or Your use of the Services, moving Your content off of the Services is Your responsibility. We will not transfer or FTP Your content to another provider. In the event Your use of the Services is terminated, We will not transfer or manage Your Services or Your content. Pursuant to the terms herein, including Sections 13 and 14, you acknowledge that we are not responsible to you or any third party for the termination of your grant of use.
2.3 Termination, either by you or by us, takes place immediately and your use of the Service will not continue until the end of the term of any service you may have purchased
3.1 You must create an account with us (an “Account”) to use the Service to its fullest extent. You represent and warrant that all information that you provide to us in creating your Account is complete and accurate and correct. You shall update such information when it changes or when we request.
3.2 By creating an Account on behalf of a company or other entity, you represent and warrant that you have the authority and capacity to enter into these Terms and bind the entity on its behalf.
3.3 You shall not use another person or entity’s Account without authorization. You shall be solely responsible for maintaining the confidentiality of and restricted access to your Account. You shall be solely responsible for all activities that occur under your Account. You shall notify us immediately of any breach of security or unauthorized use of your Account. Pursuant to the terms herein, we shall not be liable for any losses resulting from any unauthorized use of your Account and, in addition to Sections 13 and 14 herein, you hereby indemnify us and hold us harmless for any such unauthorized use.
4.1 The Content, including text, graphical images, photographs, music, video, software, databases, scripts and trademarks, service marks and logos contained therein, is owned by and/or licensed to us. All Content is subject to copyright, trademark, trade secret, and/or other rights under the laws of applicable jurisdictions, foreign laws, and international conventions. We reserve all our rights to our Content.
4.2 Except as otherwise explicitly permitted, you agree not to copy, modify, publish, transmit, distribute, participate in the transfer or sale of, create derivative works of, or in any other way exploit, in whole or in part, any Content.
5.1 We will provide you hosting and connectivity in accordance with the level of the Service which you purchase pursuant to the details listed on our website (“Your Hosting”). In performing the Service, we shall maintain control and ownership of any and all Internet protocol (“IP”) numbers and addresses that we may assign to you and we reserve the right to change or remove any and all IP numbers and addresses assigned to you or others in our sole discretion. You must check the availability of any custom configuration for Your Hosting prior to placing your order.
5.2 You shall be solely responsible for producing, uploading, and maintaining the websites, HTML files, scripts, applets, applications, media, and any other material (including any trademarks, service marks, trade names, logos, and other commercial or product/service designations connected to such material) that you upload to your server space on the Service or which you allow others to upload to your server space or which pass through your server space (“Uploaded Materials”). As used herein Uploaded Materials shall also be deemed to include any and all of your (or your users’) content that is stored or transmitted through servers or other technology used by you on the Service.
5.3 You are responsible for ensuring there is no excessive overloading of our DNS system or servers or other technology. In the event You exceed Your allotted bandwidth and thereby overload our DNS system or servers or other technology, You shall be assessed any and all fees, costs, and penalties associated with such overloading.
5.4 You acknowledge and understand that use of the Service requires a certain level of knowledge in the use of Internet languages, protocols, and software, which can vary depending on your anticipated use and desired content of your websites. You acknowledge and understand that you have the necessary knowledge to create, modify and maintain Uploaded Materials. We assume no responsibility to provide you with such knowledge. We shall have no obligation to review or analyze your Uploaded Materials; however, we may do so at our discretion and, pursuant to an agreement with you, at a development/consulting rate.
5.5 For server restoration purposes only, we may make regular backups of information on our servers. However, we make no warranties or guarantees of any kind, either express or implied, as to the integrity and timeliness of these back-ups. You shall be solely responsible for maintaining local copies of Uploaded Materials. If loss of data occurs due to our error, we shall attempt to recover the data at no charge to you. If loss of data occurs otherwise, you may request us to attempt to recover the data from our most recent back-up at our then applicable fees.
5.6 We reserve the right to monitor the Service and to access and disclose any information as permitted or required by any law, regulation or other governmental request or as necessary to operate our systems properly, to protect ourselves and our other users, or for any other reason we, in our good faith judgment, deem necessary. However, we are under no obligation to you to do so. We will fully cooperate with law enforcement authorities in investigating suspected lawbreakers and we reserve the right to report to law enforcement authorities any suspected illegal activities that we become aware of on the Service.
5.7 Depending on the hosting package you select and purchase, Your Hosting may be limited by both the number of Uploaded Materials you may store on the Service (“Storage Space”) and the number of Uploaded Materials that is sent and received by our computer systems (“Traffic”).
5.8 You acknowledge and understand that when you reach the limit of the Storage Space allocated to Your Hosting, you may be unable to upload any additional Uploaded Materials.
5.9 You acknowledge and understand that when you reach the limit of the Traffic allocated to Your Hosting for any given calendar month, any additional Traffic over the limit will be charged at gigabyte and/or gigabits per second in accordance with our standard traffic rate, the granularity at our standard gigabyte pricing posted on the Service. If you do not use any part of your allocated Traffic within any given calendar month, that unused allocated Traffic will not “rollover.” All unused allocated Traffic in a given calendar month shall be forfeited by you.
5.10 You acknowledge and understand that our relationship with you pursuant to these Terms is exclusive as an independent hosting company and that the Uploaded Materials are and will be supplied, provided, and edited by you and not us. We will not provide you with any editing or inspection services.
5.11 Subject to the terms and conditions of these Terms, including, without limitation, Section 14 hereof, we will use commercially reasonable efforts to provide the Service on a twenty-four hours a day/seven days a week basis throughout the term of these Terms. However, you acknowledge that from time to time, the Service may be inaccessible or inoperable for any reason, including, without limitation, because of (a) equipment malfunctions; (b) periodic maintenance procedures or repairs that we may undertake from time to time and in our discretion; and (c) causes beyond our control or that are not reasonably foreseeable by us, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You agree that the Service may be inaccessible during periods of time for which you have scheduled upgrades or downgrades to Your Hosting. You agree that we have no control of the availability of the Service on a continuous or uninterrupted basis. You further agree that as a normal course of our business, it may be necessary for us to migrate our servers and technology. As a result, even though you may have a dedicated IP, You may be assigned a different IP number. We do not warrant that you will be able to consistently maintain your given IP numbers.
5.12 You acknowledge and agree we have the right to seek justification in connection with Your Hosting and use of the Service. Specifically, and without limitation, we may request justification upon your request to purchase IP addresses. You shall provide us with any and all information reasonably sought by us to justify such a purchase, and we shall have sole discretion in determining whether your justification is satisfactory. You acknowledge and agree that your name and justification may be disclosed to certain third parties, including, but not limited to, the American Registry of Internet Numbers (ARIN), in accordance with policies promulgated by any and all such third parties and registries and such information may be displayed in the Whois database.
5.13 You shall bear full risk of loss and damage to Your Hosting and all of your Uploaded Materials. You shall be solely responsible for undertaking measures to safeguard Your Hosting and your Uploaded Materials, including but not limited to undertaking measures to: (a) prevent any loss or damage to your Uploaded Materials; (b) maintain independent archival and backup copies of your Uploaded Materials; and (c) ensure the security, confidentiality, and integrity of your Uploaded Materials and information transmitted through or stored on the Service.
5.14 The Service is not intended to provide a PCI (Payment Card Industry) compliant environment (or similar) and therefore should not be considered as one
5.15 In the event that you elect to purchase our Managed Server Plan or Remote Administration Plan (collectively, “Assisted Services”), the terms hereof shall also apply to your use of the Assisted Services. If we, in our discretion, determine that requested assistance under Assisted Services falls out of the scope of the basic Assisted Services plans, we may charge you for such Assisted Services in the form of Custom Support Services (“CSS”) and shall charge you In such a case for the use of the CSS proposed per-minute billing rate of the minimum cost of the CSS 1 hour (60 minutes ) depending on the Administration Plan incremental basis at our then-current prices. If we determine that a fee will be assessed for your use of CSS, we reserve the right to charge any and all fees prior to the commencement of any work being performed.
5.16 If you purchase a Managed VDS Server Plan, Cloud Server, Managed Dedicated Server Plan or Remote Administration Plan, you hereby authorize us to log into or otherwise access Your Hosting for the purposes related thereto.
5.17 For public cloud servers product, consistent excessive network or disk load is considered a service misuse, which may result in service termination.
5.18 For public cloud servers product, CPU utilization limits are in effect.
6.1 You shall be solely responsible for ensuring that your Uploaded Materials function properly and as intended. You shall assume all responsibility for Uploaded Materials and the consequences of placing them on the Service. Without limiting the foregoing, you acknowledge and understand that you are specifically responsible for all materials uploaded by your users, whether you monitor their use of your own services or not.
6.2 During the period that you use the Service, you hereby grant us a worldwide, non-exclusive, royalty-free, perpetual, non-cancelable, sub-licensable license to reproduce, publicly perform, publicly display, distribute, and publish Uploaded Materials on our computer systems and on the Internet for any purpose contemplated by the Service and these Terms. Furthermore, you also grant all Internet users a right and license to display, stream and download Uploaded Materials you make available on the Internet in connection with their use of your Uploaded Materials. You also irrevocably waive and cause to be waived against us and any of our users any claims and assertions of moral rights or attribution with respect to Uploaded Materials.
6.3 You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to Uploaded Materials. Specifically, you represent and warrant that you own the title to the Uploaded Materials or that you have the proper right and license to upload the Uploaded Materials, and that uploading the Uploaded Materials will not infringe upon any other party’s rights or your contractual obligations to other parties.
6.4 You acknowledge that we may at our sole discretion refuse to publish, remove, or block access to any Uploaded Materials for any reason, or for no reason at all (including for violation of our Acceptable Use Policy) with or without notice.
6.5 You agree to defend us against any claim, demand, suit or proceeding made or brought against us by a third-party alleging that your Uploaded Materials or your use of the Service in violation of these Terms infringes or misappropriates the intellectual property rights of a third-party or violates applicable law and you shall indemnify us for any damages finally awarded against and for reasonable attorney’s fees incurred by us in connection with any such claim, demand, suit or proceeding.
6.6 We claim no ownership or control over Uploaded Materials. You or a third party licensor, as appropriate, retain all rights in and ownership over Uploaded Materials and you are responsible for protecting your rights in and ownership over Uploaded Materials as appropriate. You understand and acknowledge that we are a “service provider” to you and Uploaded Materials and are therefore immune from liability for liabilities stemming from Uploaded Materials.
6.7 You acknowledge that we employ and accommodate standard technical measures to identify and protect copyright works. We also designate an agent for receipt of allegations of copyright infringement and react pursuant to our repeat infringer policy as hereby stated:
ATTENTION!
REPEAT INFRINGER POLICY: AS PART OF OUR REPEAT-INFRINGEMENT POLICY, ANY PARTY FOR WHOM WE RECEIVE THREE GOOD-FAITH AND EFFECTIVE COMPLAINTS WITHIN A SIX-MONTH PERIOD MAY BE BARRED FROM USING THE SERVICE.
6.8 If for any reason, your Account or Your Hosting is suspended or terminated, or these Terms are terminated or breached, you acknowledge that we may, in our sole discretion, permanently delete Uploaded Materials and you acknowledge that we may not able to reopen or restore such content.
7.1 We retain a separate Acceptable Use Policy (the “Policy”), incorporated herein by this reference, which contains additional restrictions and obligations on you, and your assent to these Terms also signifies your assent to the Policy and all its terms. A breach of the Policy is a breach of this Agreement. We reserve the right to amend the Policy at any time by posting such amendments to our website. No other notification may be made to you about any amendments. Your continued use of the Service following such amendments will constitute your acceptance of such amendments, regardless of whether you have actually read them. You agree that have you read and are familiar with all the terms of the Acceptable Use Policy.
7.2 If we become aware of a possible violation of these Terms, including the Policy, we may initiate an investigation into the possible violation that may include gathering information from you, any complaining party, Uploaded Materials and any other material or information which we find to be reliable in our sole discretion. You agree to comply with all reasonable requests by us pursuant to our investigation of violations. Without limiting the foregoing, if, after our request, you cannot provide assurances to our satisfaction that you are not violating these Terms, including the Policy, we may terminate your use of the Service.
7.3 We reserve the right to take appropriate action against you for any breach of the Terms, the Policy or other unauthorized use of the Service, including civil, criminal and injunctive redress in addition to termination of your grant of use of the Service. Any use of our computer systems not authorized by these Terms is a violation of these Terms and certain domestic, foreign and international laws.
8.1 We will charge you fees for Your Hosting in accordance with our posted prices. Fees are based on the specific criteria of Your Hosting. Fees are subject to change. Payment of fees may be processed by any of the methods posted and made available on the Service that you choose. You will be charged the amount shown during the making of your order and any additional charges that may accrue to your account (e.g., for exceeding your allocated traffic). We will send a notice of fee increases by e-mail thirty (30) days before such increases take effect.
8.2 Fees are due monthly in advance of us providing you Your Hosting. Your Hosting will commence at a time commercially reasonable after payment of the fees. The day of the month upon which Your Hosting will commence will be the “Due Date.” You are obligated to pay all fees and charges accrued and fees due for the following month for Your Hosting on the Due Date of each month (unless the month contains fewer days in it than the Due Date, in which case the Due Date shall be deemed to be the last day of that month for that month).
8.3 If you chose to pay by automatic billing, you acknowledge that we shall bill your payment method prior to the Due Date each month. You authorize automatic billing by us on an ongoing basis during the term of these Terms.
8.4 Our obligation to provide Your Hosting is contingent on your payment of the applicable fees by the Due Date each month. You must pay such fees without set-off or deduction. It is your responsibility to ensure that we receive payment of such fees. Fees will be considered paid on the date your financial institution makes the funds available to us. Should your account be suspended, for any reason other than our breach of these Terms, fees related to your Account will continue to accrue.
8.5 When using the Services, You have the right to restrict the Provider’s access to the IPMI/iDRAC of the corresponding server, intended for autonomous monitoring and control, built into the server hardware, if such access has been granted. Therewith, the Provider strongly recommends You not to delete and (or) change the Provider’s access data to the IPMI/iDRAC, as this allows Provider to quickly respond to possible interruptions in the operation of Your server. However, if You decide to remove or change the access data to the IPMI/iDRAC of the respective server, You fully release the Provider from liability for the possible consequences of these actions. If You ask for the Provider’s assistance regarding the equipment replacement that has failed or changing server configurations, You shall grant the Provider access to the IPMI/iDRAC of the corresponding server since, without such access, the Provider will not be able to perform specified works. In case You cancel or replace a server, You will also be requested to share with the Provider data to access the IPMI/iDRAC of the corresponding server.
8.6 If you believe there is an error in our calculation of your fees, we encourage you to contact us in writing at [email protected] or by creating a ticket in your account. Our obligation to consider your claim is contingent on your providing us with written notice of this dispute, and including sufficient facts for us to investigate your claims. We must receive this notice at least 5 days prior to the Due Date (the “Dispute Deadline”). You waive your right to dispute any Fees if you fail to meet the Dispute Deadline. If we find that your claim is valid, we shall make a credit to your account the next time fees are due.
8.7 If accrued fees are not paid to us before your Due Date each month, Your Account will be suspended. We will suspend the port associated with Your Account. If payment is not received within 10 days after your Due Date each month, Your Hosting, your servers, and all services associated with your account (including services that you provide) will be disconnected and placed in our recycling queue and after 7 days in a recycling queue, all Uploaded Materials will be deleted. You may not be able to recover any Uploaded Materials once a server is placed in our recycling queue.
8.8 You acknowledge that you have full responsibility for your account until payment in full is made for all fees.
8.9 You agree that you shall pay all transaction costs, including currency exchange costs.
8.10 You agree not to report as fraudulent, lost, or stolen any charge or form of payment which you have used in conjunction with payment to us, for which you do not have a good faith reason to believe is in fact fraudulent, lost, or stolen. You agree not to report as unauthorized any charge by us for any transaction for which you do not have a good faith reason to believe is in fact unauthorized. You agree that absent good faith, in the event of any such report you shall be liable to us for such charge or obligation plus an additional $100 administrative fee. The liability specified in this paragraph will not limit our rights or any other liability you may have for any other reason, including a breach of any other provision of the Terms (including the Policy).
8.11 You must promptly inform us of any changes in the following: (i) the expiration date of any method of payment, (ii) changes in home or billing addresses, and (iii) apparent breaches of security, including the loss, theft or unauthorized disclosure or use of your payment method, ID or password. If there is any such breach of security, you agree that you shall be liable for any unauthorized use of the Service resulting from such breach. Upon your request, you will be given access to billing records that support charges resulting from your use of the Service.
9.1 We may, in our sole discretion, issue you a refund for Your Hosting only if you cancel your purchase within forty-eight (48) hours after Your Hosting is initially made available to you
9.2 We may deduct all from any refund amounts equal to costs incurred in refunds and any other relevant costs incurred by us in connection with the purchase and refund, including costs of processing, shipping, and handling.
9.3 In the case of an unjustified return of a purchased server there will be no refund. If you violated these Terms and we are forced to block your server there will be no refund.
10.1 You understand and acknowledge that, when using the Service, you may be exposed to Content from a variety of sources including content made available on the Service by other users or by links to other websites on the internet, including other websites participating in the Service (collectively, “Third Party Content”) and that we do not control and are not responsible for any Third Party Content. We assume no responsibility for the content, privacy policies, or practices of the Third Party Content and their owners and operators. In accordance with Sections 12 and 13 herein, we also make no representation and warranty as to the accuracy, completeness or authenticity of information of the Third Party Content and we shall not be liable for any and all liability arising from your use of any Third Party Content.
10.2 You understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or otherwise objectionable or may cause harm to your computer systems and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect thereto.
10.3 You understand and acknowledge that we assume no responsibility whatsoever to you for monitoring the Service for inappropriate Content or conduct. If at any time we choose, in our sole discretion, to monitor such Content, we assume no responsibility for such content, have no obligation to modify or remove any such Content (including Third Party Content) and assume no responsibility for the conduct of the users submitting any such Content (including Third Party Content).
10.4 All Content on the Service is provided to you “AS-IS” for your use only as contemplated by these Terms and you shall not use, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit for any other purpose whatsoever the Content without the prior written consent of the respective owners/licensors of the Content.
We retain a separate Privacy Policy, which is incorporated herein by reference, and your assent to these Terms also signifies your assent to the Privacy Policy. We reserve the right to amend the Privacy Policy at any time by posting such amendments to the Service. The top of the Privacy Policy will indicate the date that amendments were last made. No other notification may be made to you about any amendments, so periodically check the Privacy Policy for changes. Your continued use of the Service following such amendments will constitute your acceptance of such amendments, regardless of whether you have actually read them. ( link to Privacy Policy)
We reserve the right to amend these Terms at any time by posting such amendments to the Service. The top of the Terms will indicate the date that amendments were last made. No other notification may be made to you about any amendments. YOU ACKNOWLEDGE THAT YOUR CONTINUED USE OF THE SERVICE FOLLOWING SUCH AMENDMENTS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH AMENDMENTS, REGARDLESS OF WHETHER YOU HAVE ACTUALLY READ THEM.
13.1 To the fullest extent of the law, you accept full responsibility for, shall indemnify us and hold us harmless for any threatened, pending or completed action, suit, proceeding or alternative dispute resolution mechanism, or any hearing inquiry or investigation that we believe may lead to the institution of any such action, suit, proceeding or alternative resolution mechanism, whether civil, criminal, administrative, investigative or otherwise (hereinafter, collectively, a “Claim”) by reason of, connected to, or arising in part or in whole out of any aspect of your use of the Service, Your Hosting, Uploaded Materials or your breach of these Terms (including the Policy). You shall indemnify us against any and all expenses, losses, claims, damages, and liabilities, joint or several, including, without limitation, attorney’s, investigation, legal, court and other out-of-pocket obligations, fees and costs, and costs of being a witness, incurred by reason of, in connection with or arising in part or in whole out of such a Claim.
13.2 In the event of a Claim under this Section, we shall be permitted to select legal counsel to in relation to such a Claim. We reserve the right to participate in the proceedings of any Claim subject to indemnification from you, but we shall have no obligation to do so. You shall not settle any such Claim without our prior written consent, which we shall not unreasonably withhold.
13.3 In the event that you are involved in a dispute with any third parties, you hereby release us, our officers, employees, agents and successors-in-right from claims, demands and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Service.
13.4 If you are subject to California law in the United States of America, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
ATTENTION!
READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
14.1 You expressly agree that your use of the Service is at your sole and exclusive risk. The Service is provided “AS-IS” and without any warranty or condition, express, implied or statutory. We specifically disclaim to the fullest extent any implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, information accuracy, integration, interoperability and quiet enjoyment. We disclaim any warranties for viruses or other harmful components in connection with the Service. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
14.2 UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, RESULTING FROM ANY ASPECT OF YOUR USE OF, MISUSE OF OR INABILITY TO USE THE SERVICE, WHETHER SUCH DAMAGES ARISE FROM (i) YOUR USE, MISUSE OR INABILITY TO USE THE SERVICE, (ii) YOUR RELIANCE ON ANY CONTENT ON THE SERVICE, (iii) THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION OR COMPLETE DISCONTINUANCE OF THE SERVICE, (iv) THE TERMINATION OF THE SERVICE BY US, OR (v) THE TEMPORARY OR PERMANENT SHUTDOWN OF YOUR WEBSITE OR OTHER WEBSITES PARTICIPATING IN THE SERVICE. THE FOREGOING SHALL APPLY REGARDLESS OF THE NEGLIGENCE OR OTHER FAULT OF EITHER PARTY AND REGARDLESS OF WHETHER SUCH LIABILITY SOUNDS IN CONTRACT, NEGLIGENCE, TORT OR ANY OTHER THEORY OF LIABILITY. THESE LIMITATIONS ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED OR ADVERTISED IN CONNECTION WITH THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
14.3 WE FURTHER DO NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (v) ANY ERRORS IN CONTENT WILL BE CORRECTED.
14.4 ANY CONTENT OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH CONTENT.
14.5 YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE OR ANY OTHER GRIEVANCE SHALL BE THE TERMINATION OF YOUR USE OF THE SERVICE. IN NO CASE SHALL THE MAXIMUM LIABILITY OF US ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE EXCEED THE AMOUNTS PAID BY YOU TO US IN THE TWO (2) MONTHS PRECEDING THE GRIEVANCE.
To the maximum extent permitted by law, these Terms as well as any claim, cause of action, or dispute that may arise between you and us, are governed by the laws of the Netherlands without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF THE COURTS LOCATED IN THE NETHERLANDS.
