This Terms of Service Agreement ("Agreement") is between Cogento Backbone ("Company"), and the individual or entity ("Client") accessing or using the Company's web hosting services ("Services").
"Content" means any information, data, software, text, music, sound, photographs, graphics, video, messages, files, or other materials.
"Server" means the computer hardware and software systems used to provide web hosting Services.
"Service" means the web hosting and related services provided by the Company.
"GDPR" means the General Data Protection Regulation, a regulation enacted by the European Union to protect the privacy and personal data of its citizens.
The Company provides web hosting Services to Clients, including but not limited to the use of the Server, email services, and domain name registration.
The Company guarantees 99.9% uptime for the Server, except for scheduled maintenance or force majeure events. In the event that the Server experiences more than 0.1% downtime in any given month, the Client may request a credit for the downtime, which shall be provided at the Company's sole discretion.
The Client agrees to use the Service only for lawful purposes and in compliance with all applicable laws and regulations, including GDPR. The Client shall not use the Service to transmit or store any Content that infringes upon any intellectual property rights or that is defamatory, obscene, or otherwise offensive.
The Client shall pay all fees associated with the Service in accordance with the Company's published pricing and payment terms. The Company reserves the right to suspend or terminate the Service in the event of non-payment or breach of this Agreement.
The Company shall comply with GDPR regulations in the collection, use, and storage of personal data belonging to the Client and any users of the Client's website hosted by the Company.
The Company shall not be liable for any damages arising from the use of the Service, including but not limited to direct, indirect, incidental, punitive, or consequential damages. The Company's liability shall not exceed the amount of fees paid by the Client for the Service.
The Client shall indemnify and hold harmless the Company and its officers, directors, employees, and agents from any and all claims, damages, liabilities, costs, and expenses arising from the Client's use of the Service, including but not limited to any claims of intellectual property infringement or defamation.
The Company may modify this Agreement at any time by posting the modified terms on its website. The Client's continued use of the Service after such modification shall constitute acceptance of the modified terms.
The parties agree to maintain the confidentiality of all confidential information exchanged during the term of this Agreement. The Supplier acknowledges that the Customer's data is the Customer's property and that the Supplier has no right to use or access such data except as necessary to provide the Services or as required by law. The Customer acknowledges that the Supplier's technology, including the Service and leased Hardware, is the Supplier's property and that the Customer has no right to use or access such technology except as necessary to receive the Services.
The Customer is not permitted to use the Service or leased Hardware in such a way that it may cause a failure in or damage to the Service, or damage to the leased Hardware, Supplier, or any third party. The Customer is prohibited from:
A) distributing illegal content or -data through the Service;
B) installing or distributing malware or viruses through the Service;
C) distributing child pornography through the Service;
D) distributing infringing content or -data through the Service.
During the assessment of one or more of the prohibited acts as referred to in this paragraph, Supplier reserves the right to suspend the Service at any time or to terminate it with immediate effect without being liable to pay any compensation to the Customer.
Either party may terminate this Agreement upon written notice to the other party. Upon termination, the Client shall immediately cease using the Service and shall not be entitled to any refund of fees.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between the parties.
By clicking "I Agree" or accessing or using any of the services provided by Supplier, the Customer acknowledges that they have read this Agreement, understand it, and agree to be bound by its terms and conditions.