Terms Of Service Agreement

Governing use of Cloud4hosting.eu and its services

 

I.A. General Terms and Definitions

  1. This website (hereinafter called “Cloud4Hosting.eu” or “provider”) is owned and operated by XLABS Europe Ltd UK., A British limited liability company chartered and based in London (hereinafter called “XLABS Europe”).

  2. These Terms of Use (hereinafter called “Terms of Use” or “Terms”) set forth the terms and conditions of use of this Site, as well as the use of the products and services (individually and collectively, the “Services”) offered by this Site.

  3. BY PLACING AN ORDER ONLINE, THE CUSTOMER SIGNIFIES THEIR UNCONDITIONAL ACCEPTANCE OF THESE CONDITIONS. A contract is formed between customer and provider according to these Terms of Use whenever customer clicks the “I agree” (to these terms of use) button during the online registration/purchase process, by which customer signifies his/her agreement to be fully bound by these Terms of Use, along with the following policies and agreements, which are incorporated herein by reference:

  • (i) Uniform Domain Name Dispute Resolution Policy

  • (ii) ICANN Registrar Transfer Dispute Resolution Policy

  • (iii) All terms and conditions of all product licenses associated with running the services provided by this site, such as but not limited to: Microsoft and other related licenses, cPanel/WHM licenses, SSL certificates etc. – in accordance with the terms and conditions of those licenses.

  1. The terms “we”, “us” or “our” shall refer to provider. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts these Terms of Use as described above who can form legally binding contracts under applicable law. By using this Site or the Services found at this Site, you represent and warrant that you are:

  • (i) at least eighteen (18) years of age and/or
  • (ii) otherwise recognized as being able to form legally binding contracts under applicable law.
  1. If you are agreeing to these Terms of Use on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to these Terms of Use, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity.

  2. If, after your express agreement to these Terms of Use, XLABS Europe finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in these Terms of Use.

  3. XLABS Europe shall not be liable for any loss or damage resulting from XLABS Europe’s reliance on any instruction, notice, document or communication reasonably believed by XLABS Europe to be genuine and originating from an authorized representative of your corporate entity.

  4. XLABS Europe, in its sole and absolute discretion, may change or modify these Terms of Use, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site.

  5. You hereby acknowledge and agree that:

  • (i) XLABS Europe shall notify you of such changes or modifications by posting them to this Site and,
  • (ii) your continued use of this Site or the Services found at this Site after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of these Terms of Use as last revised.
  1. If you do not agree to be bound by these Terms of Use as last revised, do not use (or continue to use) this Site or the Services found at this Site. In such an event, any cancellation notice from customer to provider will terminate the contract and the service provided starting from the next billing period.
  2. The Customer shall not be entitled to any refund of the fees and shall remain liable for any fees previously due. Failure to give such notice of termination shall be deemed acceptance of the new Conditions. Any renewal of the Services shall be subject to the Supplier’s Conditions current at the date of renewal.

I. B. Accounts at Cloud4Hosting.eu and Data Protection

  1. In order to access some of the features of this Site or use some of the Services provided by this Site, you will have to create a User Account (hereinafter an “Account”).

  2. You represent and warrant to XLABS Europe that all information you submit when you create your Account is true, accurate, current and complete, and that you will keep your Account information true, accurate, current and complete at all times.

  3. If XLABS Europe has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, XLABS Europe reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. Please note that XLABS Europe monitors online fraud and all user data is manually screened and checked via well established fraud databases.

  4. Client agrees to submit to Xlabs Europe valid identification documents needed for the screening process upon request by Xlabs Europe. Such identification documents may include passport, local id document, and/or recent utility bill sent to client’s address. Failure to present Xlabs with valid identification documents upon request by Xlabs may result in suspension and termination of the account. In such cases, Xlabs Europe will refund to client the payment made, except the setup fees if such set up fees have been paid by client.

  5. The customer agrees that his personal data (basic data) and other information concerning use of the service (e.g. time, number and duration of connections, access passwords, uploads and downloads) may be stored by the provider during the period of the agreement should this be necessary for fulfilling the purpose of the contract, particularly for invoicing. The provider shall process the Customer’s personal data in compliance with the Data Protection Act 1998 and the Supplier’s privacy and Security Policy. The Customer hereby consents to such processing of such personal data for the purpose of the provision of the Services.

  6. Upon request by the customer the provider undertakes at any time and at no charge to provide full access to stored personal data pertaining to the customer. The provider shall not disclose this data or any of the customer’s personal messages to third parties unless he is legally required to do so, in particular to government bodies or should this be required by internationally recognized technical standards.

  7. XLABS EUROPE is registered with the Information Commissioner’s Office in the UK as a data controller, under the Data Protection Act of 1998, which requires every data controller (eg organization, sole trader) who is processing personal information to register with the ICO.

  8. The provider warrants that it has in place appropriate technical and organisational security measures against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data.

I. C. Breach of Security

  1. Customer is solely responsible for the activity that occurs on his/her Account, whether authorized by him/her or not, and customer must keep his/her Account information secure, including without limitation the customer number/login, password and payment method(s).

  2. Xlabs Europe expressly points out that the protection of data privacy for data transmission across open networks such as the Internet cannot be fully guaranteed with current technology. Customer must notify XLABS Europe immediately of any breach of security or unauthorized use of your Account. XLABS Europe will NOT be liable for any loss the customer incurs due to any authorized or unauthorized use of his/her Account.

  3. Customer, however, may be liable for any loss that XLABS Europe might incur which has been caused by his/her Account, whether caused by him/her, or by an authorized person, or by an unauthorized person.

II. A. Obligations of Provider

  1. The provider shall perform the Services with reasonable care and skill and in accordance with best industry practice but shall not be liable for downtime caused by routine or emergency maintenance by the provider or occasioned by third parties.

  2. The provider reserves the right at any time and from time to time to amend, improve or correct the Services, Software and/or Hardware (or any part thereof) provided that such modification does not materially affect the Service s, Software and/or Hardware (and any part thereof). This includes the right to substitute Hardware with hardware of similar specification, where necessary. The Supplier shall give reasonable notice of such modification by email.

  3. The provider is responsible for the administration of the Infrastructure, and for the administration of the Host Servers on which the Customer’s VPS is installed.

  4. The Customer may install software on the server at their own risk and the provider accepts no responsibility for any subsequent malfunction of the VPS which results from any such installation by the Customer.

  5. Cloud4Hosting.eu will use its reasonable endeavors to ensure server availability of 99.98% averaged annually. Maintenance is usually performed at night between 22:00 and 06:00 hours. This type of maintenance is excluded from the guaranteed availability. Also excluded are times in which the servers are unavailable due to problems lying beyond Cloud4Hosting’s control (network outages outside of the networks belonging to Cloud4Hosting.eu, force majeur, culpable acts of third parties, etc).

  6. Refunds on SLA or guaranteed uptime

    If service has SLA or has a guaranteed uptime, then partial refunds or full refunds may apply, depending on the case. For example, if VPS was offline due to failure at Cloud4Hosting.eu, or a server had hardware issue or not connecting to the Internet, then all days/hours off will be refunded (to account balance). if service is offline because of customer’s abuse of the service, then no refunds will be made.

  7. Uptime level is calculated by our status page and monitors only.

  8. Cloud4Hosting.eu is entitled to provide services through third parties without express agreement of customer.

  9. XLABS EUROPE reserves the right to change the amount of resources given to plans at any time.

III. A. Server Administration on Cloud4Hosting.eu

  1. Some orders made by customer’s are instantly activated following a successful automated fraud check. Some other services require manual processing and manual screening for fraud. The max. time to process this kind of order is within 72 hours. Upon payment of a priority fee, this process can be shortened to within 3 hours.

  2. Once a server has been rented out on this site, the customer will need to take control of the server rented. Cloud4hosting.eu will provide customer with access to the control panel of the server (i.e. user name and password).

  3. Free support by provider to customer is only available if customer fails to get access to the server.

  4. To the extent that client cannot adequately manage his/her server, Could4hosting has the right under these terms of use to require the client to either purchase the care pack managed server support service of Cloud4Hosting.eu or take professional assistance from others in managing the server. Failure to take adequate control of one’s server may result in suspension of account and/or blocking of servers.

  5. Unblocking in such cases is only available for a separate fee.

  6. Cloud4Hosting.eu concedes complete and sole administration-rights on rented servers to the customer. Only the customer knows the individual administration-password of the server. Cloud4Hosting.eu is not under any duty to administer the rented server. The customer is solely and entirely responsible for administration and security of his/her servers, at his/her own expenses and risks. It is his/her duty to install necessary security-software and to inform himself/herself constantly regarding security issues, as well as to fix such by himself/herself or others commissioned by customer. Installation of maintenance software or other software does not absolve the customer from this duty. Customers must also install all security updates as requested by Cloud4Hosting.eu.

  7. Should the customer receive fixed IP-addresses, Cloud4Hosting.eu reserves the right to change these when technical needs arise and to inform the customer about his new IP-address. If necessary and reasonable, the customer will assist at simple configuration changes, such as entering the login-data anew, or simple changes of his systems.

  8. It is the customer’s duty to configure his programs in such a way that they are restarted automatically when the hardware or the operating system is restarted.

  9. Backup of data: The responsibility for backups of his/her data lies with the customer, not with Clud4Hosting. Cloud4Hosting.eu sells special backup packages to customer as a separate service. Backups do not have backups on Cloud4Hosting.eu.

III. B. Types of Server Services offered on Cloud4Hosting.eu

  1. Unmanaged server service

    An unmanaged server means it is Cloud4Hosting’s duty to ensure that the server is connected to the Internet, and that there are no hardware issues or problems on server. All administration of functionalities of the server is the sole duty of the client, as the customer is considered the sole administrator of the rented server, and therefore customer is responsible for any abuse on rented server/service.

  2. Managed server/service

    In case of a managed server service, user rents out the server/VPS/hosting/cloud, but it is Cloud4Hosting’s responsibility to manage the server as the administrator. In case of abuse, its Cloud4Hosting’s responsibility to fix and handle any issue which may arise. Managed server service is available for a fee as posted on site.

III.C. Support on Cloud4Hosting.eu

  1. Free Support: Customer hereby acknowledges and understands that Cloud4Hosting.eu provides support services for a separate fee only. Free support on Cloud4Hosting.eu means answering general sales and billing related questions, or resolving issues on service side (co-location, server, server connection to Internet). You understand and acknowledge that free support on Cloud4Hosting.eu does not cover any technical support related to the actual administration of the server.

  • (i) Free support / billing issues will be answered by provider within max. 48 hours during working days only.
  1. Premium support – Managed Server Service: Cloud4Hosting.eu offers a range of packages related to premium support, and it is up client to select his/her choice of the suitable server management construction. These include the following packages:

  • (i) “Instant Care” server management service = for those customers who don’t have care pack (Managed service) :

    • (i.a) Low priority: max 72 hours turn around (reaction time). Works per hourly rate (during business hour only without care pack):

    • (i.b) Medium priority 24 hours turn around hourly rate (during business hours only):

    • (i.c) Urgent priority 8 hours turn around hourly rate (during business hours & weekends only)

    • (i.d) Emergency priority: 1 hour turn around hourly rate (available 24/7/365):

    • (i.e) Min. is 1 hour, and each started hour is considered full hour .
    • (i.f) In cases of emergency, 50 EUR will be charged when request is placed and counts as the min 1 hour (no refund in case it was solved, but request was made).

IV. GENERAL RULES OF CONDUCT

  1. Customer shall be solely responsible for any and all of his/her User Content or User Content that is submitted through his/her account, and the consequences of, and requirements for, distributing it. Furthermore, Customer acknowledges and agrees that:

    Your use of this Site and the Services found at this Site, including any content submitted by customer, will comply with these Terms of Use and all applicable local, state, national and international laws, rules and regulations.

  2. Customer will not impersonate another User or any other person or entity, or submit content on behalf of another User or any other person or entity, without their express prior written consent.

  3. Customer will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.

  4. Customer will not use this Site or the Services found at this Site in a manner (as determined by XLABS Europe in its sole and absolute discretion) that:

  • Is illegal, or promotes or encourages illegal activity;

  • Promotes, encourages or engages in defamatory, harassing, abusive or otherwise objectionable behavior;

  • Promotes, encourages or engages in child pornography or the exploitation of children; Cloud4Hosting.eu does not permit any site that contains: (i) images (including on banner ads) of nude models that appear to be under the age of 18 (in our sole judgment), (ii) sexually explicit images (including on banner ads) of models that appear to be under the age of 18 (in our sole judgment); or (iii) sites containing language promoting child pornography together with any sexually explicit or nude images. As required by law in such cases in the UK / EU , we will forward all offenders of this policy to the appropriate federal agency.

  • Promotes, encourages or engages in hate speech, hate crime, terrorism, violence against people, animals, or property, or intolerance of or against any protected class;

  • Promotes, encourages or engages in any SPAM or other unsolicited bulk email, or computer or network hacking or cracking; Fishing site – Attempting to intercept any 3rd party data -/ and Scam Site is prohibited. Malicious Scripts are prohibited.

  • Promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;

  • Infringes on the intellectual property rights of another User or any other person or entity;

  • Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;

  • Interferes with the operation of this Site or the Services found at this Site;

  • Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or

  • Contains false or deceptive language, or unsubstantiated or comparative claims, regarding XLABS Europe or XLABS Europe’s Services.

  • Multi-level marketing, pyramid selling or ponzi schemes, matrix programs or other get rich quickly schemes or high yield investment programs are all prohibited.

  • Prepaid debit cards or other stored value cards that are not associated with a particular merchant and are not limited to purchases of particular products or services are prohibited.

  1. You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site.

  2. Blocked or Blacklisted IP address will be charged automatically at the moment such IP is blacklisted a one time fee of 20 Euro for each blacklisted IP address. Holders of Server Care Pack are excluded from payment of such fee.

  3. Customer must consult the applicable law, since all operations executed on your VPS must fully comply with EU and UK regulations. Customer must also comply with all applicable laws and regulations concerning the Content, including (without limitation) their obligations under the Electronic Commerce (EC Directive) Regulations 2002 and the Privacy and Electronic Communications (EC Directive Regulations 2003.

Confidentiality

  1. Each party shall protect the Confidential Information of the other party against unauthorised disclosure by using the same degree of care as it takes to preserve and safeguard their own confidential information of a similar nature, being at least a reasonable degree of care

  2. The obligations of confidentiality in this condition shall not be affected by the expiry or termination of this agreement and shall remain in full force and effect until such information has become generally known in the public domain other than by a violation of this contract.

Anti-Spam Policy

  1. Mass mailing On shared environment is not allowed and will be considered abuse of service.

  2. Unsolicited emails for direct marketing purpose sent to natural persons are prohibited. if its is really a legitimate mailing list for which customers have subscribed and opted in, and they are offered an unsubscribe link in those mails, then make sure that this consent is documented, because in case of a complaint, you will need to provide evidence of the legitimacy of your clients bulk commercial or non commercial emails, such as:

    - Bulk email to subscribed customers by email entails that the email must include: Contact information, Office address / Company information – Visible and in Text format (No image)

    - Bulk email to subscribed customers Must contain UN-subscribe link, where after unsubscribe in 24 hours the email is removed and no further emails are sent.

    - Email must arrive from same source of OPT-IN domain .

  3. The customer shall indemnify the provider against all possible third party claims arising from any illegal action by the customer or from errors in the information provided by the latter. This applies in particular to copyright, data protection and competition law violations.

V. MONITORING OF CONTENT; ABUSE OF SERVICE, ACCOUNT TERMINATION POLICY

  1. Cloud4Hosting.eu shall not be obliged to check the customer’s websites for possible legal violations. XLABS Europe generally does not pre-screen User Content (whether posted to a website hosted by Land or posted to the Easy Site Builder or this Site). However, XLABS Europe reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with these Terms of Use.

  2. In case of any abuse, Cloud4Hosting.eu has the right to open a ticket in which the facts are presented. Customer must reply to such ticket within 24hrs, and must clarify the abuse or the suspension of abuse and must fix the issue. Failure to reply within the specified time limit authorizes Cloud4Hosting.eu to suspend the service which has been abused or is suspect of being abused, and the case will be investigated. Cloud4Hosting.eu also reserves the right to suspend server / VPS immediately, if its negatively affecting the network or other users. The service will be continued if and when the investigation reveals that no intentional abuse happened, after reviewing the measures taken by client to avoid such occurrences again. In case of multiple abuse or abuse suspect events, we reserve the right to suspend all VPS / Servers on account and limit the account.

  3. XLABS Europe may remove any item of User Content (whether posted to a website hosted by XLABS Europe or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of these Terms of Use, or for otherwise violating these Terms of Use (as determined by XLABS Europe in its sole and absolute discretion), at any time and without prior notice.

  4. Server/VPS abuse – Some Examples of Server Abuse

    - using a server as bot for attacks (SSH, DDOS, Injections, Spoof etc) is prohibited.

    - Over use of bandwidth is prohibited (also on non shared environment) – the specific terms for over use and price of over use is specific in service page. You agree that use of the Services under this Agreement will not exceed the bandwidth and storage usage limits set out. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month, you agree to pay the associated additional charges. The default action in case of traffic exhaust is service suspension. if you reach the BW limit – your VPS will be suspended and you should create support request to activate it.

    - All other scripts that may impair and/or disrupt the function of the server or other servers are prohibited.

  5. Some Examples of Abuse on shared service such as hosting and VPS:

    - Over use of resource even if result of an attack is prohibited.

    - Mass mailing is prohibited.

  6. XLABS Europe may also terminate a User’s access to this Site or the Services found at this Site if XLABS Europe has reason to believe the User is a repeat offender.

  7. If XLABS Europe terminates your access to this Site or the Services found at this Site, XLABS Europe may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.

  8. In cases of suspension for server abuse, unblocking requires payment by customer of a separate fee of 15 EUR.

  9. Accounts will also be automatically suspended when a service is abused by user or by any other.

  10. During the suspension, data / service will not be accessible for user until abuse issue is solved. Cloud4Hosting.eu may allow limited access for fixing in case of an abuse.

VI. Financial Issues

Suspension of Service for Non Payment

  1. If no other agreement has been reached, Xlabs Europe shall be entitled to demand payment in advance for all services ordered by the customer for the respective period. Some of the services on this site require monthly payment, which means payment as per the invoice to be paid until the date specified in the invoice. Invoice due date means the date of expiry of any service purchased on this site. All invoices are generated and sent to the customer 15 days before the due date – i.e., before the expiry date.

  2. If no payment is made, then your service for which payment was not made, will be suspended on the due date . An automated system message will be sent to you, informing you about this suspension. Any service for which payment is overdue gets suspended automatically. During the suspension, data / service will not be accessible for user until payment is made or issue is resolved .

  3. In case of suspension due to late payment, customer’s service will be reactivated if and when payment is made for all due services, plus activation fee of 15 EUR or 15% of the unpaid invoice, whichever is higher.

TERMINATION OF SERVICE FOR NON PAYMENT

  1. If no payment is made within 8 days after the service has been suspended, then the service will be terminated, and all data will be destroyed including any associated databases, files, external backup/storage. In such cases, Xlabs Europe reserves the right to close the account of client.

PRICE CHANGE

  1. XLABS EUROPE reserves the right to change the listed prices on Cloud4Hosting.eu.eu at any time, and such price change will be made visible on site. Xlabs Europe reserves the right to modify prices of all packages. Price adjustment will only be made if Xlabs Europe incurs an increase of rental and electricity and or other expenses, under the following conditions:
  • The customer is informed immediately about such a change.
  • The increase takes place solely in order to pass the costs mentioned above and without any intention of enrichment
  • The change takes place at the same point of time the increase takes place
  • The customer has a special cancellation right for bandwidth and housing of servers. He can cancel affected subscriptions within one month upon receipt of the message informing him about the change – i.e., in the next billing term. This special cancellation right is valid during the mentioned one month period. If it is not used, the contract continues under the adjusted conditions.
  1. All prices on Cloud4Hosting.eu are in EURO currency. Payment is possible in other currency, as per the exchange rate to and from EURO which is current on the date of generation of the proforma invoice.

  2. All prices on site DO NOT include VAT. when applicable, VAT is charged only within the EU, and the VAT rate is as per clients country. Those who present a valid EU VAT ID. Will not be charged any VAT.

ADD CREDIT

  1. Once credit is added to a customers balance, it can not be refunded to client by Cloud4Hosting.eu. However, it can be used to purchase products and services or to renew or extend current services from Cloud4Hosting.eu.

REFUNDS

  1. Cloud4Hosting.eu will only make refunds in the cases described below. Refund policy of Cloud4Hosting.eu does not apply to the following :

  • Account balance / credits – these can be used to purchase our goods and services, but will not be refunded.

  • Domain registrations, renewals or transfers

  • Server administration service fees or the hourly working rates following work done

  • License fees, downloaded software (unless specified refund)

  1. Refund requests will be processed within 3 working days. Refunds will be made to the account from which payment came originally, within 3 working days. The transaction fee will be levied by Cloud4Hosting.eu on any Refunded sums.

  2. Cloud4Hosting.eu will not refund any amounts to client, in case service is canceled 3 days after the date of purchase of the service in question.

  3. No refunds will be made if we terminate your hosting or other services due to violation of these Terms of Use, except as may be provided therein. This does not affect your statutory rights. Credit on your account cannot be refunded and must be used for purchases and renewals on site.

  4. Cancel service request: Service cancellation requests (contract termination) should be made by customer in the customer account management before invoice / service expiry date (due date).

    Cancellation takes effect on service expiry time or immediately

  5. Disputes should be amicably settled by customer and provider. If no settlement is made within 30 days from the commencement of the dispute request, then either party may resort to the appropriate forum as specified below.

  6. Unfounded Charge back (or PayPal Dispute) requests made by client who does not agree to settle the dispute amicably as per point (80) will entail payment by the client of a processing fee of 20 EURO. Lack of payment of this fee carries termination of the account.

  7. Debt Collection: Cloud4Hosting.eu reserves the right to take all legal means in order to collect unpaid invoices issued for server administration services or other services rated by the hour.

VII. ADDITIONAL RESERVATION OF RIGHTS

  1. XLABS Europe expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by XLABS Europe in its sole and absolute discretion), including but not limited to the following:

    (i) to correct mistakes made by XLABS Europe in offering or delivering any Services (including any domain name registration),

    (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry,

    (iii) to assist with our fraud and abuse detection and prevention efforts,

    (iv) to comply with applicable local, state, national and international laws, rules and regulations,

    (v) to comply with requests of law enforcement, including subpoena requests,

    (vi) to comply with any dispute resolution process,

    (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or

    (viii) to avoid any civil or criminal liability on the part of XLABS Europe, its officers, directors, employees and agents, as well as XLABS Europe’s affiliates.

  2. XLABS Europe expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels.

    VIII. LINKS TO THIRD-PARTY WEBSITES

  3. This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by XLABS Europe. XLABS Europe assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites.

  4. In addition, XLABS Europe does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release XLABS Europe from any and all liability arising from your use of any third-party website.

IX. DISCLAIMER

  1. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”

X. LIMITATION OF LIABILITY

  1. IN NO EVENT SHALL XLABS Europe, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM

    (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE,

    (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,

    (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,

    (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER,

    (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER,

    (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN,

    (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE, including our web hosting service, Maintenance tickets or any other system.

XI. INDEMNITY For Damage Resulting From Your Account

  1. You agree to protect, defend, indemnify and hold harmless XLABS Europe and its officers, directors, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by XLABS Europe directly or indirectly arising from

    (i) your use of and access to this Site or the Services found at this Site;

    (ii) your violation of any provision of these Terms of Use or the policies or agreements which are incorporated herein; and/or

    (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right.

XI. XLABS Europe Content Copyright Notice

  1. Except for User Content, the content on this Site and the Services found at this Site, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein, are owned by or licensed to XLABS Europe in perpetuity, and are subject to copyright, trademark, and/or patent protection in the European Union and foreign countries, and other intellectual property rights under international law.

  2. If you have a website hosted by XLABS Europe, you shall retain all of your ownership or licensed rights in User Content posted to your website.

XII. SUCCESSORS AND ASSIGNS

  1. These Terms of Use shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.

XIII. COMPLIANCE WITH LOCAL LAWS

  1. XLABS Europe makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited.

  2. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.

XIV. GOVERNING LAW; JURISDICTION; VENUE;

  1. Except for disputes governed by the Uniform Domain Name Dispute Resolution Policy, these Terms of Use shall be governed by and construed in accordance with the laws of the UK and European Union without regard to conflict of laws principles.

  2. You agree that any action relating to or arising out of these Terms of Use shall be brought in the appropriate court in London, United Kingdom.

XV. IP Address Issues

  1. The Customer undertakes to use the IP address block s allocated in compliance with all applicable laws as well as in comoliance with these terms of use.

  2. Provider shall block any IP address allocated to the Customer if it constitutes a risk to the security of provider’s platform, whether as a consequence of a malicious act or following detection of a flaw in the system’s security. Likewise, Cloud4Hosting.eu can block and withdraw all of the Customer’s IP addresses if these contractual conditions are not complied with. Provider excludes all liability regarding the use made by the Customer of the IP addresses allocated to it by Provider. The Customer retains sole liability in the event of unlawful, fraudulent use of IP addresses that it owns.

  3. Application for Extra IPv4 / IPv6 (single IP, Failover IP or subnet):

    - Due to limited amount of IPv4 available globally, provider may decide not to provide IPv4 or offer a less than the desired amount. Provider also retains the right to refuse any application for new resources without needing to justify such refusal to the Customer. Such refusal may be based on many different reasons, such as, but not limited to: non-compliance with the provisions applicable to the allocation of the resources, non-compliance with provider contractual terms, IP addresses listed because of the use made of them by the Customer, or lack of available resources.

  4. The applicant must provide a valid reason of use (which will be recorded to be checked in case of abuse) . In some cases, provider may ask customer for Identification and proof of address for order of extra IPv4 .

    - if user blacklists any IP, then an Unblock fee of 15 EUR / IP will be charged.

    - User has to agree to extra ICANN agreements regarding to IPv4 and IPv6.

    - In case of abuse, provider may cancel the IP, and charge customer the 15 EUR unblock fee.

  5. Provider undertakes to provide unlisted IP addresses and, in the event that such addresses have been listed when used by a previous customer, Cloud4Hosting.eu shall take all due care to delist the address, or, failing this, to provide new IP addresses after five working days without obtaining such delisting.

  6. The additional IP addresses and the IP address blocks are signed up to for an undefined period of time with a minimum obligation for one (1) month. The additional IP addresses must be renewed with the compatible service to which they are allocated. Consequently, they are suspended along with the compatible service if such service is not renewed. The IP address blocks have their own invoice period and must as a result be renewed before they expire. Likewise, when an IP address block is not used, it is automatically deleted when it expires.

  7. The Customer can terminate the option for additional IP addresses directly through its management interface. When the Customer requests removal of an IP address, provider shall first check that the IP address does not have a negative reputation. This means that provider shall check that the IP address has not been blacklisted by an organisation well-known for its anti-SPAM protection or anti-fraudulent activities protection (Phishing or malicious files) such as SPAMHAUS or SPAMCOP. In the event that the Customer’s IP address is listed, it is up to the Customer to take all necessary steps with regard to the organisation that listed the address to ensure that they delist it. Such operation confirms that the IP address’s reputation is not damaged and that, consequently, it can be reallocated to a new customer. Failing this, it cannot release the listed IP addresses and shall continue to be invoiced for their use. At the same time, the Customer will not be able to ask provider to allocate any more additional IP addresses.

 

 Last Revised: October 21, 2015

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