These Terms and Conditions ("Agreement") are a legal agreement between you ("Customer") and Cloudware Hosting ("Company") for the provision of web hosting and domain services.
Description of Services
Company will provide Customer with web hosting and/or domain name registration services as described on the Company's website. Customer agrees to use these services in compliance with this Agreement, as well as any applicable laws and regulations.
Payment Terms
Customer agrees to pay Company the fees for the selected web hosting and/or domain name services. These fees are listed on the Company's website and may be subject to change. Payment can be made by credit card, PayPal or other payment methods that the Company may offer from time to time.
Term and Termination
This Agreement shall commence on the date that Customer orders services and shall continue until terminated by either party. Either party may terminate this Agreement for any reason by giving 30 days' written notice to the other party. Company may terminate this Agreement immediately if Customer breaches any of its obligations under this Agreement.
Customer Obligations
Customer agrees to use the web hosting and/or domain name services only for lawful purposes and in compliance with all applicable laws and regulations. Customer is responsible for ensuring that any content that it posts or transmits using the Company's services does not infringe any third-party rights, including but not limited to intellectual property rights. Customer is also responsible for keeping its login credentials secure and confidential.
Company Obligations
Company will use commercially reasonable efforts to provide the web hosting and/or domain name services in a timely and efficient manner. However, Company does not guarantee that the services will be uninterrupted, error-free, or free from security vulnerabilities. Company will not be liable for any damages or losses arising from the use of the services, except as expressly provided in this Agreement.
Intellectual Property Rights
All intellectual property rights in the Company's website, services, and any related documentation, remain the property of the Company. Customer is granted a limited, non-exclusive, non-transferable license to use the services for the duration of this Agreement.
Confidentiality
During the course of this Agreement, either party may disclose certain confidential information to the other party. Confidential information shall mean any information that is designated as confidential by the disclosing party or that, under the circumstances, should reasonably be understood to be confidential. Each party agrees to hold the other party's confidential information in strict confidence and not to disclose it to any third party without the prior written consent of the disclosing party.
Limitation of Liability
To the maximum extent permitted by law, Company will not be liable for any indirect, incidental, special, or consequential damages arising from the use of the services or the inability to use the services, including but not limited to loss of profits, loss of data, or business interruption. In any event, the total liability of Company to Customer for any claim arising under this Agreement shall not exceed the fees paid by Customer to Company for the services giving rise to the claim.
Indemnification
Customer agrees to indemnify and hold harmless Company and its affiliates, officers, directors, employees, and agents from any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or in connection with Customer's use of the services or any breach by Customer of this Agreement.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of The Netherlands / Europe. Any disputes arising out of or in connection with this Agreement shall be resolved by arbitration in accordance with the rules of The Netherlands / Europe.