Legal Conditions

The Money-back guarantee claims must be received within 30 days from the initial date of order. You can process the MBG via the Control Panel or the customer support.

The HOSTXLS Money-back guarantee applies to MyWebsite, Hosting, Server, Mail and eShop packages and is limited to the refund of setup fee and monthly fee of the first billing cycle.

It does not apply to new orders of domain packages and SSL certificates, new orders of additional domains and additional features added by You, server usage fees and Search Engine Marketing set up fees.

Be advised, Cloud Servers and Bare Metal Servers are excluded from the MBG as these contracts are not paid upfront, but rather, based on usage.

THESE GENERAL TERMS AND CONDITIONS OF SERVICE TOGETHER WITH ANY SPECIFIC TERMS, THE PRIVACY NOTICE AND ACCEPTABLE USE POLICY ARE A BINDING AGREEMENT BETWEEN HOSTXLS AND YOU (“CUSTOMER”).

By signing up for the Services you warrant that you are capable of entering into a binding contract; or are acting with the express permission of a person or organization and using the payment details of that person and that they also agree to be bound by the terms of this Agreement. You also agree to comply and adhere to any and all applicable laws and regulations in relation to this Agreement.

1. THE SERVICES

The services covered by this Agreement include both free services that HOSTXLS, its parent, and affiliates (referred to together herein as “we” or “us”) make available for no fee (the “Free Services”), and services that we make available for a fee (the “Paid Services”). The Free Services and the Paid Services are referred to collectively in this Agreement as the “Services.” Each Free Service and Paid Service is referred to individually as a “Service.” HOSTXLS may change or discontinue any or all of the Services or change or remove features or functionality of any or all of the Services at any time or from time to time. HOSTXLS will provide no less than three business days’ notice of any such changes, but in specific situations there may be less or no advance notice.

1.1 Free Services
The Free Services include the Data Center Designer and the API that we make available to you free of charge on the HOSTXLS-branded website accessible at www. HOSTXLS.com (collectively, the “HOSTXLS website”), except those web services for which we specifically provide a separate customer agreement.

1.2 Paid Services
The Paid Services include all web and hosting services and any related support services that we make available to you for a fee on the HOSTXLS website, except those web services for which we specifically provide a separate customer agreement. If you use HOSTXLS Paid Services, you may incur fees for transactions that you submit for payment as set forth in Section 8 below. We may, in our sole discretion, (a) begin charging fees for a Free Service, in which case such Service will thereafter be deemed a Paid Service, or (b) cease charging fees for a Paid Service, in which case such Service will thereafter be deemed a Free Service.

2. MODIFICATIONS TO THIS AGREEMENT

2.1 You agree that we may modify this Agreement or any policy or other terms referenced in this Agreement (collectively, “Additional Policies”) at any time by posting a revised version of the Agreement or such Additional Policy on the HOSTXLS website. The revised terms shall be effective as follows:

• if the revised terms are for (a) any Services which we are adding at the time of the revision, (b) the Privacy Policy, (c) the AUP, (d) any other general terms and conditions, policies, or guidelines applicable to our services, websites or other properties, or (e) any Free Service, then the revised terms shall be effective upon posting (unless we expressly state otherwise at the time of posting); and
• if the revised terms are otherwise for any then-existing Paid Services, then the revised terms shall be effective upon the earlier to occur of (a) fifteen (15) days after posting and (b) if we provide a mechanism for your immediate acceptance of the revised terms, such as a click-through confirmation or acceptance button, your acceptance. By continuing to use or receive the Services after the effective date of any revisions to this Agreement or any Additional Policies, you agree to be bound by the revised Agreement or any revised Additional Policies. It is your responsibility to check the HOSTXLS website regularly for changes to this Agreement or the Additional Policies, as applicable.

2.2 HOSTXLS employees are not authorized to modify the terms of this agreement, either verbally or in writing. If a HOSTXLS employee offers to do so, or to undertake any modifications to your website or Your Content, that employee is not acting as an agent for HOSTXLS or speaking on our behalf. You may not rely on or act in reliance on any such statement or communication from a HOSTXLS employee.

3. TERM, TERMINATION, AND SUSPENSION

3.1 The term of this Agreement (“Term”) will commence, and you may begin using the Services, once you agree to the terms and conditions of this Agreement by clicking the “Accept” button and complete the registration process for your account. The Agreement will remain in effect until terminated by you or us in accordance with this Section 3.

3.2 You may terminate this Agreement for any reason, by either (a) providing us written notice of termination in accordance with Section 15 or by (b) closing your account for any Service for which we provide an account closing mechanism. Termination will be effective at the end of the calendar month following your termination.

3.3 We may suspend your right and license to use any or all Paid Services, or terminate this Agreement in its entirety (and, accordingly, cease providing all Services to you), for any reason, at our discretion at any time by providing you thirty (30) days’ advance notice in accordance with the notice provisions set forth in Section 15 below.

3.4 We may suspend your Services, or terminate this Agreement in its entirety (and, accordingly, your right to us e all Services), for cause effective as set forth below:

3.4.1 Immediately, with or without notice, in HOSTXLS s sole discretion, if: (a) you attempt a denial of service attack on any of the Services; (b) you seek to hack or break any security mechanism on any of the Services or we otherwise believe, in our sole discretion, that your use of the Services poses a security or service risk to us, to any user of services offered by us, to any third-party sellers on any of our websites, or to any of our or their respective customers or may subject us or any third party to liability, damages or danger; (c) you otherwise use the Services in a way that disrupts or threatens the Services; (d) if you are in default of any payment obligation with respect to any of the Services or if any payment method you have provided to us is invalid or charges are refused for such payment method; (e) we determine, in our sole discretion, there is an over use or increase in your use of the Services; (f) we determine, in our sole discretion, there is evidence of fraud with respect to your account; (g) you use any of the HOSTXLS Content (as defined in Section 6.1) or Marks (as defined in Section 6.2) other than as expressly permitted herein; (h) we receive notice or we otherwise determine, in our sole discretion, that you may be using HOSTXLS Services for any illegal purpose or in a way that breaches the law or breaches, infringes, or misappropriates the rights of any third party; (i) we determine, in our sole discretion, that our provision of any of the Services to you is prohibited by applicable law, or has become impractical or unfeasible for any legal or regulatory reason; (j) if you are in breach of the AUP; (k) we determine, in our sole discretion, that you are in breach of any of your representations or warranties as set forth in Section 11 of these terms; or (l) if you breach any other provision of this Agreement, as determined by us in our sole discretion.

3.4.2 Subject to applicable law, your Services shall terminate automatically, without notice to you, upon your liquidation, commencement of dissolution proceedings, disposal of your assets, failure to continue your business, assignment for the benefit of creditors, or if you become the subject of a voluntary or involuntary bankruptcy or similar proceeding.

3.5 Effect of Suspension or Termination.

3.5.1 Upon suspension of your Services, , for any reason, (a) fees will continue to accrue for any Services that are still in use by you, notwithstanding the suspension; (b) you remain liable for all fees, charges, and any other obligations you have incurred through the date of suspension with respect to the Services; and (c) all of your rights with respect to the applicable Services shall be terminated during the period of the suspension.

3.5.2 Upon termination of this Agreement for any reason: (a) you remain liable for all fees, charges, and any other obligations you have incurred through the date of termination with respect to the Services; (b) all of your rights under this Agreement shall immediately terminate; and (c) you shall immediately return, or if instructed by us, destroy all HOSTXLS Confidential Information (as defined in Section 9 below) then in your possession.

3.6 In the event this Agreement is terminated for any reason, Sections 3.5, 3.6, 3.7, 3.8, 4.2, 6 (with respect to restrictions), 8 (with respect to payments that are accrued but unpaid at the time of termination), and 9 through 16 will survive any such termination.

3.7 Data Preservation in the Event of Suspension or Termination.

3.7.1 In the event of a suspension by us to your Services for any reason other than a for cause suspension under Section 3.4.1, during the period of suspension, (a) we will not take any action to erase any of your data stored on the Services and (b) applicable Service data storage and other charges will continue to accrue.

3.7.2 In the event of any termination by us of any Service or any set of Services, or termination of this Agreement in its entirety, other than a for cause termination under Section 3.4.1, (a) we will not take any action to erase any of your data stored on the Services for a period of thirty (30) days after the effective date of termination; and (b) your post-termination retrieval of data stored on the Services will be condition ed on your payment of Service data storage charges for the period following termination, payment in full of any other amounts due us, and your compliance with terms and conditions we may establish with respect to such data retrieval.

3.7.3 Except as provided in Sections 3.7.1 and 3.7.2 above, we shall have no obligation to continue to store your data during any period of suspension or termination or to permit you to retrieve the same.

3.8 Following the suspension or termination of your right to use the Services by us or by you for any reason other than a for cause termination (i.e., a termination under Section 3.2 or under Section 3.3), you shall be entitled to take advantage of any post termination assistance we may generally make available with respect to the Services, such as data retrieval arrangements we may elect to make available. We may also endeavour to provide you unique post-suspension or post-termination assistance, but we shall be under no obligation to do so. Your right to take advantage of any such assistance, whether generally made available with respect to the Services or made available uniquely to you, shall be conditioned upon your acceptance of and compliance with any fees and terms we specify for such assistance.

3.9 Notwithstanding the foregoing, after suspension or termination of your right to use the Services, and the expiration of any time periods set forth in Sections 3.7.1 or 3.7.2, you will no longer have access to your account, and your data, including but not limited to e-mails, log files, databases, or other data files associated with your account, will be deleted. Without limitation to Section 11.5, and notwithstanding the provisions of Sections 3.7.1 and 3.7.2, HOSTXLS accepts no liability for deleted data or content, and does not warrant or represent that you will be able to access, download, or recover such data or content after termination for any reason.

4. AUTHORIZATION AND LICENSE TO USE THE SERVICES

Subject to your acceptance of and compliance with this Agreement and with the payment requirements for the Services that are set forth on the applicable Service detail page on the HOSTXLS website (as such payment terms may be updated from time to time), we hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable right and license, in and under our intellectual property rights, to access and use the Services, solely in accordance with the terms and conditions of this Agreement.

4.1 Permitted Uses Generally

4.1.1 You may write or develop software, websites, or other online services or technology that you store in, or that interface with, the Services (collectively “Applications”). Applications include machine images containing software applications, libraries, data, and associated configuration settings. You acknowledge that we may change, discontinue, or republish application programming interfaces (APIs) (as defined in Section 6.1 below) for any Service or feature of a Service from time to time, and that it is your responsibility to ensure that calls you make to any Service are compatible with then current APIs for the Service. You further acknowledge that we may change or remove features or functionality of the Services at any time.

4.1.2 You may enable access and use of Your Content by your end users in accordance with the terms of this Agreement. “Your Content” means any Application, data, or other content that you may (a) provide to us pursuant to this Agreement, (b) make available to any end users in conjunction with the Services, or (c) develop or use in connection with the Services. You are responsible for all terms and conditions, privacy policies, and other legal documents and requirements applicable to Your Content.

4.1.3 You may make network calls or requests to the Services at any time that the Services are available, provided that, unless otherwise set forth in the Service Terms applicable to any Service, you (or if you build and release an Application, each installed copy of you r Application) may not exceed the limitations and specifications (if any) set forth in the Service Terms for any particular Service.

4.2 Restricted Uses Generally

4.2.1 You may not interfere or attempt to interfere in any manner with the functionality or proper working of the Services.

4.2.2 You may not compile or use the HOSTXLS services or any other information obtained through the Services for the purpose of spamming, unsolicited contacting of sellers or customers, or other impermissible advertising, marketing, or other activities, including, without limitation, any activities that violate HOSTXLS’s anti-spamming policies and regulations.

4.2.3 You may not remove, obscure, or alter any notice of any Mark, or other intellectual property or proprietary right designation appearing on or contained within the Services.

4.2.4 Subject to the terms and conditions of this Agreement, you may generally publicize your use of the Services; however, you may not issue any press release with respect to the Services or this Agreement without our prior written consent.

Unless otherwise stated in the applicable Service Terms, you may only create one account per e-mail address. When you complete the account creation process, you will be issued unique account identifiers (“Account Identifiers”). Account Identifiers (a) identify your account and (b) allow you to make requests to HOSTXLS The Account Identifier is immutable and will always uniquely identify your HOSTXLS account. Your Account Identifier is for your personal use only, and you may not sell, transfer, or sublicense your password to any other party. You are responsible for maintaining the secrecy and security of your password. You are fully responsible for all activities that occur under your Account Identifiers, regardless of whether such activities are undertaken by you or a third party. Therefore, you should contact us immediately if you believe a third party may be using your password, or if your password is otherwise lost or stolen. You are responsible for maintaining up-to-date and accurate information (including contact information) for your HOSTXLS account. We are not responsible for any unauthorized access to, alteration of, or the deletion, destruction, damage, loss, or failure to store any of Your Content or other data which you submit or use in connection with your account or the Services.

5. ACCEPTABLE USE POLICY AND SERVICE TERMS

You may only use the Services in accordance with the AUP and the applicable Service Terms.

6. LICENSE TO USE THE HOSTXLS WORKS

6.1 We may make available to you, for your installation, copying, and/or use in connection with the Services, from time to time, a variety of software, data, and other content and printed and electronic documentation (all such materials except those specifically made available by us under separate license terms, the “HOSTXLS Works”). Subject to your acceptance of this Agreement, ongoing compliance with its terms and conditions with respect to the subject Service, and payment if and as required for your right to use the subject Service, we hereby grant to you, without the right to sublicense, a limited, non-exclusive, non-transferable license during the Term, under our intellectual property or proprietary rights in the HOSTXLS Works, only to install, copy, and use the HOSTXLS Works solely in connection with and as necessary for your use of such Services and solely to the extent in compliance with all the terms and conditions of this Agreement. The HOSTXLS Works may include, without limitation:

• Proprietary application programming interfaces (“APIs”);
• Developer tools for use in connection with the APIs;
• Articles and documentation for use in connection with the use and implementation of the APIs (collectively, “Documentation”);
• Specifications describing the operational and functional capabilities, use limitations, technical and engineering requirements, and testing and performance
• criteria relevant to the proper use of a Service and its related APIs and other technology;
• Textual materials made available as part of the Service (“Text Materials”); and
• Other forms of digital content, data, text, images, logos, user interface designs and other creative designs, audio and video (with the Text Materials, collectively, “HOSTXLS Content”). Sample source code that we may make available from time to time for use in connection with the Services (“Sample Source Code”) and libraries that we may make available from time to time for use in connection with the Services (“Libraries”) will be made available to you under separate license that accompanies each Sample Source Code or Library. Accordingly, the term “HOSTXLS Works,” as used herein, specifically excludes any Sample Source Code or Libraries made available to you under separate license.

6.2 Prohibited Conduct. Except as may be expressly authorized under this Agreement:

• You may not, and may not attempt to, modify, alter, tamper with, repair, or otherwise create derivative works of any software included in or accessed via the HOSTXLS Works.
• You may not, and may not attempt to, reverse-engineer, disassemble, or decompile the HOSTXLS Works or the Services or apply any other process or procedure to derive the source code of any software included in or accessed via the HOSTXLS Works.
• You may not otherwise create derivative works of any the HOSTXLS Works, including but not limited to the HOSTXLS Content.

6.3 Use of Marks. Your use of any trademarks, service marks, service or trade names, logos, and other designations of HOSTXLS and its affiliates or licensors (“Marks”) shall strictly comply with the Trademark Guidelines and the following provisions. You may use the Marks in conjunction with the display of the HOSTXLS Content and for the purpose of indicating that your Application was created using the Services. You must immediately discontinue use of any Mark as specified by us at any time in writing. We may modify any Marks provided to you at any time, and upon notice, you will use only the modified Marks and not the old Marks. Other than as specified in this Agreement, you may not use any trademark, service mark, trade name, or other business identifier of HOSTXLS or its affiliates’ prior written consent. In addition, you agree not to misrepresent or embellish the relationship between us and you, for example, by implying that we support, sponsor, endorse, or contribute money to you or your business endeavors.

6.4 The rights granted by HOSTXLS in this Agreement with respect to the HOSTXLS Works, the Marks and the Services are non-exclusive, and HOSTXLS reserves the right to: (a) itself act as a developer of products or services related to any of the products that you may develop in connection with your use of the Services; and (b) appoint third parties as developers or systems integrators who may offer products or services which compete with HOSTXLS or your Application.

7. SERVICE LEVEL AGREEMENT; SECURITY

Unless otherwise provided, we will provide the Services in accordance with the Service Level Guarantees set forth below. The credits described herein are your sole remedy for our failure to meet the criteria set out herein.

7.1 Network Guarantee
With the exception of downtime due to maintenance, or service suspensions set out in these terms, HOSTXLS guarantees 99.95% uptime for internal network performance (“Network Guarantee”). The Network Guarantee only covers the network interfaces between the hypervisor and HOSTXLS network and other servers of the customer on the same VLAN. This Network Guarantee does not cover network connections to the Customer’s physical location or Internet access points. If HOSTXLS fails to meet the Network Guarantee, Customer will receive the credit set out in section 7.7.

7.2 Hardware Guarantee With the exception of downtime due to maintenance, or service suspensions set out in these terms, HOSTXLS guarantees that hardware and hypervisor layers will be available to Customers at 99.95% per month (“Hardware Guarantee”). For the purposes of the Hardware Guarantee, “hardware” means that hardware running Customer’s virtual data centers. Customer virtual servers, including access to operating systems and any other software on the Customer server, are not covered by this Hardware Guarantee. If this Hardware Guarantee applies, HOSTXLS will, within 4 hours, replace faulty hardware and reboot the server with the same IP address, VLAN, and network configurations to enable Customer-managed virtual servers to be installed and configured back to the pre-failure state. If HOSTXLS fails to meet the Hardware Guarantee, Customer will receive the credit set out in section 7.7.

7.3 Storage Guarantee
HOSTXLS guarantees that the hardware on which Customer’s data is stored will be available 99.95% of the time, and further that no data loss will occur to physical or network conditions including hardware and software in HOSTXLS’s control and, in the case of software, authorship (“Storage Guarantee”). In the event of hardware, network or hypervisor failure, HOSTXLS shall, within 4 hours, create conditions to enable Customers to recreate network configurations to attach Customer-managed virtual servers with existing storage and data. Under no circumstances will HOSTXLS be responsible for the restoration of any data or any data loss in the HOSTXLS storage services. If HOSTXLS fails to meet the HOSTXLS Storage Guarantee, Customer will receive the credit set out in section 7.7.

7.4 Physical On-Site Security Guarantee
HOSTXLS guarantees that the infrastructure providing the services is located in a physically secure environment protected from outside malicious activity 24 hours a day, 365 days per year (“Security Guarantee”). HOSTXLS The Security Guarantee also includes 24/7 presence of an on-site security officer and data-center operations personnel at the facility, security cameras, and monitoring devices. If HOSTXLS fails to meet the Security Guarantee, Customer will receive the credit set out in section 7.7.

7.5 Data Center Infrastructure Guarantee
HOSTXLS guarantees that data center and electric power will be available 100% of the time, with the exception of downtime due to maintenance or service suspensions set out in these terms (“Infrastructure Guarantee”). The Infrastructure Guarantee applies when HOSTXLS’s hardware is not functioning because of a heat shutdown or applicable loss of electric power. “Electric power” includes UPSs, PDUs, and cabling. “Electric power” does not include power supplies in virtual server hosts. If HOSTXLS fails to meet the Infrastructure Guarantee, Customer will receive the credit set out in section 7.7.

7.6 API Guarantee
HOSTXLS will provide Customers with eighteen months prior notice of its intent to discontinue, remove features, or otherwise limit the functionality of particular API calls (“API Guarantee”). If HOSTXLS fails to meet the API Guarantee, Customer will receive the credit set out in section 7.7.

7.7 Credits
Should Customer qualify for a particular guarantee set out in this SLA, HOSTXLS will provide the following credits:

• For an event covered by the Network Guarantee, HOSTXLS shall credit Customer’s account with five percent of Customer’s monthly fee for each thirty minutes of downtime. Customer’s credit can equal, but may not exceed, one hundred percent of Customer’s monthly fee for the server affected.
• For an event covered by the Hardware Guarantee, HOSTXLS shall credit Customer’s account with five percent of Customer’s monthly fee for each full hour of downtime. Customer’s credit can equal, but may not exceed, one hundred percent of Customer’s monthly fee for the server affected.
• For an event covered by the Storage Guarantee, HOSTXLS shall credit Customer’s account with five percent of Customer’s monthly fee for each full hour that HOSTXLS is unable to create conditions to enable Customers to create network conditions to attach virtual servers with existing storage and data.
• For an event covered by the Security Guarantee, HOSTXLS shall credit Customer’s account with five percent of Customer’s monthly fee for each full hour that an element of the Security Guarantee is not available. Customer’s credit can equal, but may not exceed, one hundred percent of Customer’s monthly fee for the server affected.
• For an event covered by the Infrastructure Guarantee, HOSTXLS shall credit Customer’s account with five percent of Customer’s monthly fee for each thirty minutes of infrastructure downtime. Customer’s credit can equal, but may not exceed, one hundred percent of Customer’s monthly fee for the server affected.
• For HOSTXLS’ failure to provide eighteen months prior notice of its intent to discontinue, remove features, or otherwise limit the functionality of an API, HOSTXLS shall credit Customer’s account with five percent of Customer’s monthly fee for each month HOSTXLS failed to provide notice. Customer’s credit can equal, but may not exceed, one hundred percent of Customer’s monthly fee for the server affected.

To receive an SLA credit, Customer must request the credit within five days after the date of the event leading to the applicability of the particular guarantee. Customers must request credit by sending a request to our billing department through our helpdesk. The message must have the dates and times applicable to the events leading to the applicability of the guarantee and any other Customer identification requested by HOSTXLS Credits will be applied to your account within sixty days of your credit request. Credits under our guarantee are your sole and exclusive remedy for issues covered by this SLA. The statistics generated by our internal monitoring services are the final determination of the applicability of a guarantee. Credits are prospective only, and will not be paid in cash or retroactively, nor can they be aggregated or equal more than one hundred percent of a customer’s total monthly fee. Credits will not be applied to accounts in default.

7.8 Limitations and Exemptions
The following items or situations are exempt from the guarantees set out in this section:

• Acts or omissions of you or your users;
• Software running within your virtual servers;
• Scheduled maintenance which we have announced at least 24 hours in advance;
• Factors outside our control, including but not limited to any force majeure events, failures, acts or omissions of our upstream providers or failures of the internet;
• Actions of third parties, including but not limited to security compromises, denial of service attacks and viruses provided HOSTXLS makes reasonable efforts to keep its software and systems up to date;
• Breaches of our Acceptable Use Policy;
• Any product currently in Beta as set out in our terms; or
• Law enforcement activity.

7.9 Security
We strive to keep Your Content secure but cannot guarantee that we will be successful at doing so, given the nature of the Internet. Accordingly, without limitation to Section 4.3 above and Section 11.5 below, you acknowledge that you bear sole responsibility for adequate security, protection, and backup of Your Content, Applications, passwords, and user names. We strongly encourage you, where available and appropriate, to (a) use encryption technology to protect Your Content from unauthorized access, (b) routinely archive Your Content, and (c) keep your Applications or any software that you use or run with our Services current with the latest security patches or updates. Without limitation to Section 11.5, and notwithstanding the provisions of Section 3.7, we will have no liability to you for any unauthorized access or use, corruption, deletion, destruction, or loss of any of Your Content or Applications.

You acknowledge that you bear sole responsibility for informing HOSTXLS immediately about software vulnerabilities, security incidents, malfunctions and other errors that may have an impact on HOSTXLS and for mitigating them immediately.

8. FEES

8.1 In consideration of your use of any of the Paid Services, you agree to pay applicable fees for Paid Services in the amounts set forth on the respective Service detail pages on the HOSTXLS website (including any minimum subscription fees) via the credit card or other payment mechanism provided by you upon registration (the “Payment Account”). Fees for any new Service or new Service feature will be effective upon posting by us on the HOSTXLS website for the applicable Service. We may increase or add new fees for any existing Service or Service feature, or implement a fee for any previously Free Service or Free Service feature, by giving you 30 days’ advance notice. Such notice will be posted on the HOSTXLS website on the Service detail page for the affected Service. You agree that you are responsible for checking the HOSTXLS website each month to confirm whether there are any new fees and their effective date(s). All fees payable by you are exclusive of applicable taxes and duties, including, without limitation, VAT and applicable sales tax. You will provide such information to us as reasonably required to determine whether we are obligated to collect VAT from you, including without limitation your VAT identification number.

8.2 HOSTXLS will charge the monthly fee and any additional fees to the Payment Account unless specifically provided otherwise, and you agree that HOSTXLS may automatically debit your Payment Account, without further authorization from you, for any renewal term, additional services, or any other fees or expenses applicable to your use of the Services, and any such payment shall be subject to our general accounts receivable policies from time to time in effect. We may add, delete, or modify the methods by which customers can make payments for the Services at any time without prior notice, in our sole discretion, Payments processed by third-party payment processors are subject to those processor’s terms and conditions of service, and HOSTXLS makes no representations or warranties with respect to those services. All amounts payable by you under this Agreement will be made without setoff or counterclaim and without deduction or withholding. If any deduction or withholding is required by applicable law, you shall notify us and shall pay such additional amounts to us as necessary to ensure that the net amount that we receive, after such deduction and withholding, equals the amount we would have received if no such deduction or withholding had been required. Additionally, you shall provide us with documentation that the withholding and deducted amounts have been paid to the relevant taxing authority. All Fees must be paid in CAD.

8.3 From time to time, we may offer free or discounted pricing for other usage of certain Services (each a “Special Pricing Program”). After a Special Pricing Program ends, normal charges will apply. You must comply with any additional terms, restrictions, or limitations (e.g., limitations on the total amount of usage) we impose in connection with the Special Pricing Program as described on the Service specific detail pages on the HOSTXLS website. You may not sign up for multiple HOSTXLS accounts in order to receive additional benefits under a Special Pricing Program. We may immediately terminate any account that we determine, in our sole discretion, is established or used to avoid the terms, restrictions, or limitations applicable to a Special Pricing Program. Any data stored as part of a Special Pricing Program must be actively used.

8.4 Fees are not refundable unless provided otherwise by applicable local law. HOSTXLS may, in its sole discretion, refund other amounts as it de ems necessary or advisable.

8.5 HOSTXLS may charge interest on all overdue amounts. In the event any invoice requires collection efforts you agree to pay all costs of collection, including reasonable attorney’s fees and costs.

8.6 We reserve the right to pass your debt onto a third party debt recovery agent.

9. CONFIDENTIALITY

You shall not disclose HOSTXLS Confidential Information during the Term or at any time during the three(3)-year period following the end of the Term. As used in this Agreement, “HOSTXLS Confidential Information” means all confidential information disclosed by us, our business partners, or our or their respective agents or contractors that is designated as confidential or that, given the nature of the information or circumstances surrounding its disclosure, reasonably should be understood to be confidential. HOSTXLS Confidential Information includes, without limitation, (a) confidential information relating to our or our business partners’ technology, customers, business plans, promotional and marketing activities, finances, and other business affairs (including, but not limited to, any information about or involving one of our so-called beta tests or a beta test product that you obtain as a result of your participation in such beta test), (b) third-party information that we are obligated to keep confidential, and (c) the nature, content, and existence of any discussions or negotiations between you and us. Confidential Information does not include any information described in Section 9.2 or any information that you are required to disclose by law.

9.1 Notwithstanding any other provision in this Agreement, you shall not have any confidentiality obligation to us under Section 9.1 above, with respect to any information provided or made available by us hereunder, and we shall not have any confidentiality or non-use obligation to you hereunder with respect to any information, software application, data, or content provided or made available by you hereunder that: (a) is or becomes publicly available without breach of this Agreement; (b) can be shown by documentation to have been known to the receiving party at the time of its receipt from the disclosing party; (c) is received from a third party who did not acquire or disclose the same by a wrongful or tortious act; or (d) can be shown by documentation to have been independently developed by the receiving party.

9.2 If you and we are parties to a separate nondisclosure agreement (“Stand-Alone NDA”) and there is a conflict between the terms of the Stand-Alone NDA and the terms of this Section 9, the terms of the Stand-Alone NDA shall control.

10. INTELLECTUAL PROPERTY

10.1 Other than the limited use and access rights and licenses expressly set forth in this Agreement, we reserve all right, title, and interest (including all intellectual property and proprietary rights) in and to: (a) the HOSTXLS website, (b) the Services; (c) the HOSTXLS Works; (d) the Marks; and (e) any other technology and software that we provide or use to provide the Services and the HOSTXLS Works. You do not, by virtue of this Agreement or otherwise, acquire any ownership interest or rights in the HOSTXLS website, the Services, the HOSTXLS Works, the Marks, or other technology and software (including third-party technology and software), except for the limited use and access rights described in this Agreement.

10.2 Your Applications, Data, and Content. Other than the rights and interests expressly set forth in this Agreement, and excluding HOSTXLS Works and works derived from HOSTXLS Works, you reserve all right, title, and interest (including all intellectual property and proprietary rights) in and to Your Content. We will not disclose Your Content, except: (a) if you expressly authorize us to do in connection with your use of the Services; (b) as necessary to provide the Services to you; or (c) as HOSTXLS deems necessary, in its sole discretion, to comply with the Agreement or the request of a governmental or regulatory body, court orders, or other legal authority.

10.3 In the event you elect, in connection with any of the Services, to communicate to us suggestions for improvements to the Services, the HOSTXLS Works, or the Marks (collectively, “Feedback”), we shall own all right, title, and interest in and to the same, even if you have designated the Feedback as confidential, and we shall be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title, and interest in and to the Feedback to us and agree to provide us such assistance as we may require documenting, perfect, and maintaining our rights to the Feedback.

10.4 During and after the term of the Agreement, with respect to any of the Services that you elect to use, you will not assert, nor will you authorize, assist, or encourage any third party to assert, against us or any of our customers, end users, vendors, business partners (including third-party sellers on websites operated by or on behalf of us), licensors, sub-licensees, or transferee s, any patent infringement or other intellectual property infringement claim with respect to such Services. Without limitation to Section 12, you agree to indemnify and hold harmless HOSTXLS for any costs or expenses resulting from your failure to comply with this Section 10.4, including reasonable legal fees and costs.

11. REPRESENTATIONS AND WARRANTIES; DISCLAIMERS; LIMITATIONS OF LIABILITY

11.1 You represent and warrant that you will not use the Services, HOSTXLS Works, and/or your Application and Your Content: (a) in a manner that infringes, breaches, or misappropriates any rights of us or any third party; (b) to engage in spamming or other impermissible advertising, marketing, or other activities, including, without limitation, any activities that breach anti-spamming regulations,; (c) in any manner that constitutes or facilitates the illegal export of any controlled or otherwise restricted items, including, without limitation, software, algorithms, or other data that are subject to export; (d) in a way that is otherwise illegal or promotes illegal activities, including, without limitation, in a manner that might be libelous or defamatory or otherwise malicious or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age; and/or (e) or in any manner in breach of HOSTXLS’s AUP.

11.2 You represent and warrant: (a) that you are solely responsible for the development, operation, and maintenance of Your Content, including without limitation, the accuracy, security, appropriateness and completeness of Your Content and all product-related materials and descriptions; (b) that you have the necessary rights and licenses, consents, permissions, waivers, and releases to use and display Your Content; (c) that Your Content (i) does not breach, misappropriate, or infringe, any rights of us or any third party, (ii) does not constitute defamation, invasion of privacy, or publicity, or otherwise breach any rights of any third party, or (iii) is not designed for use in any illegal activity or to promote illegal activities, including, without limitation, use in a manner that might be libelous or defamatory or otherwise malicious, illegal, or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age; (d) that Your Content does not contain any unauthorised data, malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code (collectively “Harmful Components”); (e) that Your Content and use of the Services is and will at all times be in compliance with relevant laws; and (f) to the extent to which you use any of the Marks, that you will conduct your business in a professional manner and in a way that reflects favorably on the goodwill and reputation of HOSTXLS

11.3 You represent and warrant that you will not use, and will not authorize any third party to use, any Public Software in connection with the Services in any manner that requires, pursuant to the license applicable to such Public Software, that any HOSTXLS Works or Services be (a) disclosed or distributed in source code form, (b) made available free of charge to recipients, or (c) modifiable without restriction by recipients. With respect to any Feedback, you represent and warrant that such Feedback, in whole or in part, contributed by or through you, (a) contains no third-party software or any software that may be considered Public Software and (b) does not breach, misappropriate, or infringe any intellectual property rights of any third party. “Public Software” means any software, documentation or other material that contains, or is derived (in whole or in part) from, any software, documentation, or other material that is distributed as free software, open source software, or similar licensing or distribution models, including, but not limited to software, documentation, or other material licensed or distributed under any licenses. (h) the Apache License.

11.4 You represent and warrant that: (a) the information you provide in connection with your registration for the Services is accurate and complete; (b) if you are registering for the Services as an individual, you are at least 18 years of age and have the legal capacity to enter into this Agreement; and (c) if you are registering for the Services as an entity or organization, (i) you are duly authorized to do business in the country or countries where you operate, (ii) the individual clicking “Accept” on this Agreement and completing the registration for the Services meets the requirements of subsection (b) above and is an authorized representative of your entity, and (iii) your employees, officers, representatives, and other agents accessing the Services are duly authorized to access the Services and to legally bind you to this Agreement and all transactions conducted under your account. Notwithstanding the foregoing, HOSTXLS reserves the right to refuse service or additions to existing services to any customer or potential customer, for any reason or no reason whatsoever.

11.5 Disclaimers. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE SERVICES ARE BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN OR AS OTHERWISE AGR EED TO IT, HOSTXLS SHALL NOT COMPENSATE YOU OR GIVE YOU ANY CREDITS FOR ANY PROBLEMS YOU MAY ENCOUNTER. THE SERVICES MAY BE TERMINATED AT ANY TIME PURSUANT TO SECTION 1. WITHOUT LIMITING THE FOREGOING, HOSTXLS WORKS, THE MARKS, TH E SERVICES, AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, CONTENT, IMAGES, MATERIALS, AND OTHER DATA OR INFORMATION PROVIDED BY US OR OUR LICENSORS IN CONNECTION THEREWITH (COLLECTIVELY THE “SERVICE OFFERINGS”) ARE PROVIDED “AS IS.” WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SERVICE OFFERINGS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, WE AND OUR LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITAT ION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. WE AND OUR LICENSORS DO NOT WARRANT THAT THE SERVICE OFFERINGS WILL FUNCTION AS DESCRIBED, WILL BE UNINTERRUPTED OR ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT THE DATA YOU STORE WITHIN THE SERVICE OFFERINGS WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. WE AND OUR LICENSORS SHALL NOT BE RESPONSIBLE FOR A NY SERVICE INTERRUPTIONS, INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS, INCLUDING THOSE THAT AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION, OR SETTLEMENT OF ANY PAYMENT SERVICES. NO ADVICE OR INFORMATION OBT AINED BY YOU FROM US OR FROM ANY THIRD PARTY OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

11.6 In addition to the foregoing, we specifically disclaim all liability, and you shall be solely responsible for the development, operation, and maintenance of your Application (including any Bundled Application) and for all materials that appear on or within your Application and you agree that you shall, without limitation, be solely responsible for:

11.6.1 the technical operation of your Application and all related equipment;

11.6.2 the accuracy and appropriateness of any materials posted on or within your Application (including, among other things, any product-related materials);

11.6.3 ensuring that any materials posted on your site or within your Application are not illegal and do not promote illegal activities, including without limitation any activities that might be libelous or defamatory or otherwise malicious, illegal, or harmful to any person or entity, or discriminatory based on race, sex , religion, nationality, disability, sexual orientation, or age;

11.6.4 ensuring that your Application accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers;

11.6.5 any of your users’ or customers’ claims relating to your Application or any Services utilized in connection with your Application; and

11.6.6 your election to utilize sample code and libraries that may be made available on the HOSTXLS website, many of which may be provided by third parties and many of which we have not tested or screened in any way.

11.7 The HOSTXLS website and/or the Services may contain links to websites that are not under our control (“Third-Party Sites”). We are not responsible for the contents or functionality of any Third-Party Sites or any website that can be accessed via links on any Third-Party Site. We provide these links to you as a convenience and the inclusion of any such links does not constitute or imply our endorsement or validation of any Third-Party Site.

11.8 NEITHER WE NOR ANY OF OUR AFFILIATED COMPANIES OR LICENSORS SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTH ER LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) IN CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; OR (c) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR CONTENT. IN ANY CASE, OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO US HEREUNDER FOR THE SERVICES. SOME JURISDICTIONS D O NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

12. INDEMNIFICATION

12.1 You agree to indemnify, defend, and hold us, our affiliates, and licensors, each of our and their business partners (including third-party sellers on websites operated by or on behalf of us) and each of our and their respective employees, officers, directors, and representatives, harmless from and against any and all claims, losses, damages, liabilities, judgments, penalties, fines, costs, and expenses (including reasonable legal fees), arising out of or in connection with any claim arising out of: (a) your use of the Services and/or HOSTXLS Works in a manner not authorized by this Agreement, and/or in breach of the applicable restrictions, Additional Policies, and/or applicable law; (b) Your Content, or the combination of either with other applications, content, or processes, including but not limited to any claim involving infringement or misappropriation of third-party rights, and/or the use, development, design, manufacture, production, advertising, promotion, and/or marketing of Your Content; (c) your breach of any term or condition of this Agreement or any applicable Additional Policies, including without limitation, your representations and warranties and your agreement to the jurisdiction, venue, and choice of law provisions herein; or (d) you or your employees’ or personnel’s negligence or misconduct.

12.2 We agree to promptly notify you of any claim subject to indemnification, provided that our failure to promptly notify you shall not affect your obligations hereunder except to the extent that our failure to promptly notify you delays or prejudices your ability to defend the claim. At our option, you will have the right to defend against any such claim with counsel of your own choosing (subject to our written consent) and to settle such claim a s you deem appropriate, provided that you shall not enter into any settlement without our prior written consent and provided that we may, at any time, elect to take over control of the defense and settlement of the claim.

13. DISPUTES

13.1. ANY AND ALL DISPUTES AS TO THE INTERPRETATION OF OR ANY PERFORMANCE UNDER THIS AGREEMENT WHICH ARE NOT FIRST RESOLVED INFORMALLY, SHALL BE DETERMINED BY BINDING ARBITRATION IN PHILADELPHIA, PENNSYLVANIA IN ACCORDANCE WITH THE RULES OF JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC (“JAMS”) AND IN ACCORDANCE WITH THE RULES OF JAMS. Any award arising out of such arbitration shall be subject to entry as a judgment by any court of competent jurisdiction in the United States. Any action to confirm or vacate such an award must be brought in either the federal or state courts in and for New Castle county, Delaware. You consent to personal jurisdiction and venue in such courts and you waive any challenge to personal jurisdiction or venue in such courts. You further agree that HOSTXLS shall be entitled to collect its attorneys’ fees, costs and other expenses in the event that HOSTXLS acts to enforce this arbitration and forum selection clause, regardless of whether HOSTXLS prevails in the underlying action. The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court of competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof. The jurisdiction of the arbiter (or arbiters) with respect to legal matters shall be limited only by the statutory and common law of the State of Delaware and the federal law of the United States of America. There are no exceptions to these mandatory arbitration provisions except as set forth in Sections 13.2 and 13.3.

13.2. Notwithstanding the provisions of Section 13.1, if you fail to timely pay amounts due HOSTXLS may assign your account for collection and the collections agency may pursue such claims in court limited strictly to the collection of the past due debt and any interest or cost of collection permitted by Law or this Agreement.

13.3. Nothing in Section 13.1 shall preclude HOSTXLS from: (i) seeking and obtaining any injunctive relief or attachment and expedited discovery or other equitable relief to enforce the terms of this Agreement or to remedy a breach thereof, or (ii) bringing an action to enforce this Agreement or the provisions hereof in the event JAMS will not or cannot arbitrate a particular dispute. Any action under this section 13.3 may be brought in the federal or state courts in and for New Castle county, Delaware and each party consents to the in personam jurisdiction of such Courts for the purpose of any such action or proceeding. Each party hereby waives all rights it has or which may hereafter arise to contest such exclusive jurisdiction of the federal or state courts in and for New Castle county, Delaware.

13.4. In addition to the foregoing, YOU HEREBY AGREE THAT AS A PART OF THE CONSIDERATION FOR THIS AGREEMENT, YOU WAIVE THE RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE ARISING BETWEEN YOU AND HOSTXLS THAT IS IN ANY WAY RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, and that such waiver shall be enforceable up to and including the day that trial is to start, and even if the arbitration provisions of this paragraph are waived.

13.5. Neither you nor HOSTXLS may be a representative of other potential claimants or a class of potential claimants in any dispute concerning or relating to this Agreement, nor may two or more individuals’ disputes be consolidated or otherwise determined in one proceeding. YOU AND HOSTXLS ACKNOWLEDGE THAT THIS SECTION 13.5 WAIVES ANY RIGHT TO PARTICIPATION AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLASS ACTION

13.6. This Agreement shall be interpreted according to the laws of the State of Delaware, United States of America, and, where applicable, the federal law of the United States of America, without regard to conflicts of law principles.

14. NOTICES

14.1 Except as otherwise set forth herein, notices made by us to you under this Agreement that affect our customers generally (e.g., notices of updated fees, etc.) will be posted on the HOSTXLS website. Notices made by us under this Agreement for you or your account specifically (e.g., notices of breach and/or suspension) will be provided to you via the e-mail address provided to us in your registration for the Services or in any updated e-mail address you provide to us in accordance with standard account information update procedures we may provide from time to time. It is your responsibility to keep your e-mail address current and you will be deemed to have received any e-mail sent to any such e-mail address, upon our sending of the e-mail, whether or not you actually receive the e-mail. For notices made by you to us under this Agreement and for questions regarding this Agreement or the Services, you may contact legal@hostxls.com or by mail as follows:
HOSTXLS
Einsteinlaan 10
2719 EP Zoetermeer
Netherlands

14.2 All communications and notices to be made or given pursuant to this Agreement shall be in the English language.

15. MISCELLANEOUS PROVISIONS

15.1 Third-Party Activities
If you authorize, assist, encourage, or facilitate another person or entity to take any action related to the subject matter of this Agreement, you shall be deemed to have taken the action yourself.

15.2 Severability
If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect, and any invalid or unenforceable portions shall be construed in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from this Agreement, and the rest of the Agreement shall remain in full force and effect.

15.3 Waivers
The failure by us to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision nor in any way affect our right to enforce such provision thereafter. All waivers by us must be in writing and signed by an authorized officer of HOSTXLS to be effective.

15.4 Successors and Assigns
This Agreement will be binding upon, and to the benefit of, the parties and their respective successors and assigns.

15.5 Limitations on Assignment
This Agreement and the rights pertaining hereto may not be assigned, resold, or otherwise transferred in whole or in part by you. HOSTXLS may assign, subcontract or license any or all of its rights and/or obligations hereunder.

15.6 Not for the Benefit of Third Parties
These terms and conditions do not create any legal rights enforceable by or for the benefit of any third party

15.7 Entire Agreement
This Agreement incorporates by reference all policies and guidelines posted on the HOSTXLS website and constitutes the entire agreement between you and us regarding the subject matter hereof and supersedes any and all prior or contemporaneous representation, understanding, agreement, or communication between you and us, whether written or oral, regarding such subject matter.

15.8 No Endorsement
You understand and acknowledge that we are not certifying or endorsing, and have no obligation to certify or endorse, any of your Applications or Your Content.

15.9 Relationship
Nothing in this Agreement is intended to or does create any type of joint venture, creditor-debtor, escrow, partnership, or any employer/employee or fiduciary or franchise relationship between you and us (or any of our affiliates).

15.10 By using Managed Kubernetes, the customer grants support temporary read access to their Kubernetes cluster. This access is exclusively for the provision of support services if a customer requests this support. The access is limited to the purpose of diagnosing and/or solving possible problems.

version v5.6.2

THE HOSTXLS ACCEPTABLE USE POLICY (“AUP”)

Your services may be suspended or terminated for violation of this AUP in accordance with the HOSTXLS Genera l Terms and Conditions. Capitalized terms used in this AUP shall have the meaning given in the Terms of Service.

1. Abuse

1. You may not use the Enterprise Cloud Network or Services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including:
2. Unauthorized access to or use of data, systems, or networks, including any attempt to probe, scan, or test the vulnerability of a system or net – work or to breach security or authentication measures without express authorization of the owner of the system or network;
3. Monitoring data or traffic on any network or system without the express authorization of the owner of the system or network;
4. Interference with service to any user of HOSTXLS or other network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, and broadcast attacks;
5. Use of an Internet account or computer without the owner’s authorization;
6. Collecting or using e-mail addresses, screen names, or other identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting);
7. Collecting or using information without the consent of the owner of the information;
8. Use of any false, misleading, or deceptive TCP-IP packet header information in an e-mail or a newsgroup posting;
9. Use of the service to distribute software that covertly gathers information about a user or covertly transmits information about the user;
10. Use of the service for distribution of advertisement delivery software unless: (i) the user affirmatively consents to the download and installation of such software based on a clear and conspicuous notice of the nature of the software, and (ii) the software is easily removable by use of standard tools for such purpose included on major operating systems; or
11. Abusive behavior, defamation of, threats against, or other behavior which, in HOSTXLS sole discretion, harms HOSTXLS or HOSTXLS. employees, officers, affiliates, or other agents.
12. Any conduct that is likely to result in retaliation against the Enterprise Cloud network or Web site, or HOSTXLS’s employees, officers, affiliates, or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS).

2. Excessive Use of System Resources

You may not use your Service in a way that unnecessarily interferes with the normal operation of HOSTXLS services generally. In such circumstances, we may require you to repair abnormalities in your code if the operation of the code unnecessary conflicts with other customers’ use of their services.

3. Bulk or Commercial E-Mail

You must obtain HOSTXLS advance approval for any bulk or commercial e-mail, which will not be given unless you are able to demonstrate, at a minimum, that:

• your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
• your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
• you retain evidence of the recipient’s consent in a form that may be promptly produced on request, and you honor the recipient’s and the HOSTXLS Cloud’s requests to produce consent evidence within 72 hours of receipt of the request;
• you have procedures in place that allow a recipient to revoke his or her consent — such as a link in the body of the e-mail, or instructions to re ply with the word “Remove” in the subject line; you honor revocations of consent within 48 hours, and you notify recipients that the revocation of their consent will be implemented in 48 hours;
• you must post an e-mail address for complaints (such as abuse@yourdomain.com) in a conspicuous place on any Web site associated with the e-mail, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;
• you must have a Privacy Policy posted for each domain associated with the mailing;
• you have the means to track anonymous complaints;
• you must not obscure the source of your e-mail in any manner. Your e-mail must include the recipient’s e-mail address in the body of the message or in the “TO” line of the e-mail;
• you must not attempt to send any message to an e-mail address if three (3) consecutive delivery rejections have occurred and the time between the third rejection and the first rejection is longer than 15 days;
• these policies apply to messages sent using the Services, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via the Services. In addition, you may not use a third-party e-mail service that does not practice similar procedures for all its customers. These requirements apply to distribution lists created by third parties to the same extent as if the list were created by you;

HOSTXLS may, but is under no obligation to test and otherwise monitor your compliance with its requirements and relevant laws, including requesting opt-in information from a random sample of your list at any time. In addition, HOSTXLS may block the transmission of e-mail that violates these provisions.

4. Authenticated Simple Mail Transfer Protocol Policy

In addition to the requirements above, you may not send e-mail messages of similar content through HOSTXLS’s SMTP servers to more than 250 recipients. Attempts to circumvent this restriction by breaking up bulk e-mail over time, using multiple accounts, or other means will be a violation of this restriction. HOSTXLS may block mail that violates this AUP. In addition, your mail services may be suspended or terminated for violation of this AUP in accordance with the Terms of Service.

5. Mail Relays

Generally, we do not allow bulk or commercial e-mail to be sent to more than 5,000 users per day at a rate of 250 messages every 20 minutes. If you would like to send more than 5,000 messages per day, please contact a member of our support team for additional information.

6. Vulnerability Testing

You may not attempt to probe, scan, penetrate, or test the vulnerability of a HOSTXLS system or network or to breach HOSTXLS’s security or authentication measures, whether by passive or intrusive techniques, without HOSTXLS’s express written consent.

7. Newsgroup, Chat Forums, Other Networks

You must comply with the rules and convent ions for postings to any bulletin board, chat group, or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums. You must comply with the rules of any other network you access or participate in using your HOSTXLS services.

8. Offensive Content

You may not publish, transmit, or store on or via HOSTXLS’s network and equipment any content or links to any content that HOSTXLS, in its sole discretion, believes:

• constitutes, depicts, fosters, promotes, or relates in any manner to child pornography, bestiality, or non-consensual sex acts;
• is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
• is unfair or deceptive under the consumer protection laws of any juris diction, including chain letters and pyramid schemes;
• is defamatory or violates a person’s privacy;
• creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
• improperly exposes trade secrets or other confidential or proprietary information of another person or entity;
• is intended to assist others in defeating technical copyright protections;
• infringes on another person’s or entity’s copyright, trade or service mark, patent, or other property right;
• promotes illegal drugs, violates export control laws, relates to illegal gambling or illegal arms trafficking;
• is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to HOSTXLS; or
• is otherwise malicious, is otherwise fraudulent, or may result in retaliation against HOSTXLS by offended viewers, in HOSTXLS’s sole discretion.

Content “published or transmitted” via HOSTXLS’s network or equipment includes web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on the Internet.

9. Copyrighted Material

You may not use HOSTXLS’s network or Services to download, publish, distribute, or otherwise copy or use in any manner any text, music, software, art, image, or other work protected by copyright law unless: 

• you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner; or
• you are otherwise permitted by established copy right law to copy the work in that manner. It is HOSTXLS’s policy to terminate in appropriate circumstances the services of customers who are repeat infringers.

10. Other

You must have valid and current information on file with your domain-name registrar for any domain hosted on HOSTXLS network.

• You may only use IP addresses assigned to you by HOSTXLS in connection with your HOSTXLS services.
• You agree that if HOSTXLS IP numbers assigned to your account are listed on an abuse database like Spamhaus, you will be in violation of this AUP, and HOSTXLS may take reasonable action to protect its IP numbers, including suspension and/or termination of your service, regardless of whether the IP numbers were listed as a result of your actions.

You agree that we may quarantine or delete any data stored on a shared system if we believe, in our sole discretion, the data are infected with a virus, or are otherwise corrupted, and have the potential to infect or corrupt the system or other customers’ data that are stored on the same system.

11. Contacting Us

Questions regarding this Privacy Statement or the information practices of the Company’s Websites should be directed to HOSTXLS at legal@hostxls.com

TERMS AND CONDITIONS REGARDING USE OF MICROSOFT SOFTWARE

This document governs the use of Microsoft software, which may include associated media, printed materials, and “online” or electronic documentation (individually and collectively, “Products”) provided by HOSTXLS (hereinafter referred to as “Customer”). Customer does not own the Products and the use thereof is subject to certain rights and limitations of which Customer must inform you. Your right to use the Products is subject to the terms of your agreement with Customer, and to your understanding of, compliance with, and consent to the following terms and conditions, which Customer does not have authority to vary, alter, or amend.

1. DEFINITIONS

“Client Software” means software that allows a Device to access or utilize the services or functionality provided by the Server Software. “Device” means each of a computer, workstation, terminal, handheld PC, pager, telephone, personal digital assistant, “smart phone,” server or other electronic device. “Server Software” means software that provides services or functionality on a computer acting as a server. “Software Documentation” means any end user document included with server software. “Redistribution Software” means the software described in Paragraph 4 (“Use of Redistribution Software”) below.

2. OWNERSHIP OF PRODUCTS

The Products are licensed to Customer from an affiliate of the Microsoft Corporation (collectively “Microsoft”). All title and intellectual property rights in and to the Products (and the constituent elements thereof, including but not limited to any images, photographs, animations, video, audio, music, text and “applets” incorporated into the Products) are owned by Microsoft or its suppliers. The Products are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Your possession, access, or use of the Products does not transfer any ownership of the Products or any intellectual property rights to you.

3. USE OF CLIENT SOFTWARE

You may use the Client Software installed on your Devices by Customer only in accordance with the instructions, and only in connection with the services, provided to you by Customer. The terms of this document permanently and irrevocably supersede the terms of any Microsoft End User License Agreement that may be presented in electronic form during your use of the Client Software.

4. USE OF REDISTRIBUTION SOFTWARE

In connection with the services provided to you by Customer, you may have access to certain “sample,” “redistributable” and/or software development (“SDK”) software code and tools (individually and collectively “Redistribution Software”). YOU MAY NOT USE, MODIFY, COPY, AND/OR DISTRIBUTE ANY REDISTRIBUTION SOFTWARE UNLESS YOU EXPRESSLY AGREE TO AND COMPLY WITH CERTAIN ADDITIONAL TERMS CONTAINED IN THE SERVICES PROVIDER USE RIGHTS (“SPUR”) APPLICABLE TO CUSTOMER, WHICH TERMS MUST BE PROVIDED TO YOU BY CUSTOMER. Microsoft does not permit you to use any Redistribution Software unless you expressly agree to and comply with such additional terms, as provided to you by Customer.

5. COPIES

You may not make any copies of the Products; provided, however, that you may (a) make one copy of Client Software on your Device as expressly authorized by Customer; and (b) you may make copies of certain Redistribution Software in accordance with Paragraph 4 (Use of Redistribution Software). You must erase or destroy all such Client Software and/or Redistribution Software upon termination or cancellation of your agreement with Customer, upon notice from Customer or upon transfer of your Device to another person or entity, whichever occurs first. You may not copy any printed materials accompanying the Products.

6. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY

You may not reverse engineer, decompile, or disassemble the Products, except and only to the extent that applicable law, notwithstanding this limitation, expressly permits such activity.

7. NO RENTAL

You may not rent, lease, lend, pledge, or directly or indirectly transfer or distribute the Products to any third party, and may not permit any third party to have access to and/or use the functionality of the Products except for the sole purpose of accessing the functionality of the Products in the form of software services in accordance with the terms of this agreement and any agreement between you and Customer.

8. TERMINATION

Without prejudice to any other rights, Customer may terminate your rights to use the Products if you fail to comply with these terms and conditions. In the event of termination or cancellation of your agreement with Customer or Customer’s agreement with Microsoft under which the Products are licensed, you must stop using and/or accessing the Products, and destroy all copies of the Products and all of their component parts.

9. NO WARRANTIES

NO WARRANTIES, LIABILITIES OR REMEDIES BY MICROSOFT. ANY WARRANTIES, LIABILITY FOR DAMAGES AND REMEDIES, IF ANY, ARE PROVIDED SOLELY BY CUSTOMER AND NOT BY MICROSOFT, ITS AFFILIATES OR SUBSIDIARIES.

10. PRODUCT SUPPORT

Any support for the Products is provided to you by Customer and is not provided by Microsoft, its affiliates or subsidiaries.

11. NOT FAULT TOLERANT

THE PRODUCTS MAY CONTAIN TECHNOLOGY THAT IS NOT FAULT TOLERANT AND ARE NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE IN ENVIRONMENTS OR APPLICATIONS IN WHICH THE FAILURE OF THE PRODUCTS COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY OR ENVIRONMENTAL DAMAGE.

12. EXPORT RESTRICTIONS

The Products are subject to U.S. export jurisdiction. Customer must comply with all applicable laws including the U.S. Export Administration Regulations, the International Traffic in Arms Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. For additional information, see http://www.microsoft.com/exporting/.

13. LIABILITY FOR BREACH

In addition to any liability you may have to Customer, you agree that you will also be legally responsible directly to Microsoft for any breach of these terms and conditions.

By purchasing a server from HOSTXLS.com (We, Us, Our), You (Customer) agree to these terms and conditions (“Server T&C”). The provisions contained in the Server T&Cs incorporate and are supplemental to HOSTXLS’ General Terms and Conditions of Service (“GT&C”), by which you are also bound.

1. GENERAL SERVER TERMS

1.1. Your Obligations

1.1.1. Data Backup Obligations
You are obliged to back up Your data in accordance with Our GT&C.

1.1.2. Obligation to Inform

If You have reason to believe that a third party is using Your platform or web space without authorization, You are obliged to inform us immediately.

1.1.3. Fair Play Obligations

You agree to neither offer nor disseminate copyrighted content without authorization. You agree to not use P2P exchanges, download services or streaming services over which copyrighted materials might be illegally disseminated. You agree to not provide links that point to P2P exchanges, download services, streaming services or their contents.

1.1.4. Crypto Mining

You agree not to use the resources and servers provided by HOSTXLS to mine cryptocurrencies. 

1.1.5. Liability

Importing and installing operating systems, images and other external content is done at your own risk. We assume no liability for third party content and applications and damage resulting from the installation and use of third party materials.

1.1.6. Obligations to Co-operate

You agree to follow the technical instructions provided by Us.
You agree to co-operate and follow HOSTXLS’ instructions regarding software upgrades for the purposes of maintaining the security and stability of the services provided.
We accept no liability for the consequences resulting from failure to do so.

1.1.7. License Obligations

You agree to fulfill all the license requirements, including those from third parties.
You must remain in possession of the required original software licenses. We may request proof of licenses at any time.
With regard to any third-party licenses for software programs that We use for its cloud platform You acknowledge that the trademarks and other intellectual property rights belong to the third parties.

1.2. Our rights

1.2.1. Migration Rights

We have the right, if so required, to migrate Your server, the server software or parts for technical or security reasons (e.g. end of life of the software, end of support).
We reserve the right to offer a different version of the application that We consider most appropriate and to modify the available applications, at any time in line with new versions or in cases where weaknesses are detected. These changes will be published in Your control panel.

1.2.2. Access and Cancellation Rights

We reserve the right to disconnect the server from the network without prior notice, if You have breached Your obligations. You will be notified if such action is taken.
If You have breached Your obligations, We reserve the right to cancel your contract without notice.

2. SPECIAL SERVER TERMS

2.1. Value Server

2.1.1. Subject of the Agreement

2.1.1.1. The Value Server is a server with administration rights. It requires sound knowledge of administering server systems.

2.1.1.2. We have no administrative access to the server.

2.1.2. Your Obligations

2.1.2.1. As a server administrator, You are solely responsible for securing the server against any unwanted attacks and manipulation by third parties.

2.1.2.2. You alone are responsible for updating the operating systems and application software installed on the server at your own cost and risk.

2.1.2.3. You are responsible for installing reliable security software and keeping it updated to prevent hackers from abusing insufficiently secured or “open” networks.

2.1.2.4. You agree to configure your programs to automatically restart when the hardware or operating system restarts.

2.2. Dedicated Hosting

2.2.1. Subject of the Agreement

2.2.1.1. The Dedicated Hosting Server is a server without administration rights. It is provided to you with a pre-installed operating system and a pre-installed stack.

2.2.1.2. HOSTXLS has administrative access to your server. Your server is managed and administered automatically. You therefore cannot make any custom changes.

2.3. Dedicated Server

2.3.1. Subject of the Agreement

2.3.1.1. The Dedicated Server is server with administration rights. It requires sound knowledge of administering server systems.

2.3.1.2. We have no administrative access to the server.

2.3.2. Your Obligations

2.3.2.1. As a server administrator, You are solely responsible for securing the server against any unwanted attacks and manipulation by third parties.

2.3.2.2. You alone are responsible for updating the operating systems and application software installed on the server at your own cost and risk.

2.3.2.3. You are responsible for installing reliable security software and keeping it updated to prevent hackers from abusing insufficiently secured or “open” networks.

2.3.2.4. You agree to configure your programs to automatically restart when the hardware or operating system restarts.

2.3.3. Fee

2.3.3.1. Billing is handled in the Cloud Panel. In contrast to the Value Server, this server is billed down to the minute.

2.3.4. $100 credit for all Dedicated Server packages

2.3.4.1. $100 + sales tax credit is applicable for Dedicated Server packages only.

2.3.4.2. Offer applies to new customers only.

2.3.4.3. The offer shall be employed in the form of a credit being applied to the first invoice issued, up to a maximum total value of $100 + sales tax.

2.3.4.4. Usage charges exceeding the maximum credit value of $100 + sales tax will be collected via the normal payment method stored within your HOSTXLS account.

2.3.4.5. Any unused balance after the first 30 days will be cancelled, and will not be redeemable against subsequent invoices.

2.3.4.6. This offer cannot be used in conjunction with any other offers.

2.3.4.7. Offer available for a limited period only.

2.3.4.8. We reserve the right to change or end this special offer at any time and without notice.

2.3.5. Our Rights

2.3.5.1. Access Rights

2.3.5.1.1. Access to the Dedicated Server is limited to You and the persons You have authorized. We have no regular access to the content of Your server. In particular, We have no administrative access to Your server.

2.3.5.1.2. In order to resolve technical incidents, We may remotely access the physical server, therefore, we may have access to Your content. In this case, suppliers shall only be permitted to perform the work that is required to resolve the incident.

2.3.5.2. Cancellation of Contract after 6 Months of non-use

2.3.5.2.1. We reserve the right to cancel the cloud platform if You have not purchased or consumed any resources for a period of greater than six months.

2.4. Cloud Server

2.4.1. Subject of the Agreement

2.4.1.1. The Cloud Server is a server with administration rights. It requires sound knowledge of administering server systems.

2.4.1.2. Each Cloud platform has its own management and configuration and is operated independently of your other cloud platforms. No data or resources can be shared between different cloud platforms.

2.4.2. Your Obligations

2.4.2.1. As a server administrator, You are responsible for securing the server against unwanted attacks and manipulation by third parties.

2.4.2.2. You alone are responsible for updating the operating systems and application software installed on the server at your own cost and risk.

2.4.2.3. You are responsible for installing reliable security software (e.g. a firewall and antivirus programs) and keeping it updated to prevent hackers from abusing insufficiently secured or “open” networks.

2.4.2.4. You agree to configure your programs to automatically restart when the hardware or operating system restarts.

2.4.3. Our obligations 

2.4.3.1. We shall, if technically possible, provide the Cloud Server with Your chosen operating system.

2.4.4. Our rights

2.4.4.1. Access Rights

2.4.4.1.1. Access to the Cloud Server is limited to You and the persons You have authorized. We have no regular access to the content of Your virtual server. In particular, We have no administrative access to Your virtual server.

2.4.4.1.2. In order to resolve technical incidents, We may remotely access the physical servers on which the Cloud Server is located and, therefore, we may have access to Your content. In this case, suppliers shall only be permitted to perform the work that is required to resolve the incident.

2.4.4.2. Cancellation of Contract after 6 Months of non-use

2.4.4.2.1. We reserve the right to cancel the cloud platform if You have not purchased or consumed any resources for a period of greater than six months.

2.4.4.3. Temporary Interruption of the Service

2.4.4.3.1. The Cloud Server forms part of a complex hardware platform that manages all of the servers that share the infrastructure. We reserve the right partially or completely interrupt provision of the service in the case of:
•    Excessive consumption of resources;
•    Other disruptions that can be traced to You that are observed to be impairing the performance of the platform on which the resource is located-infringing on the rights of third parties that share the infrastructure.

2.4.4.3.2. In such cases, We shall notify You so that You can resolve the issue in question. During this time, We will temporarily suspend provision of the service. Should the problem occur again after the service is restored We reserve the right to cancel Your Cloud service without notice.

2.4.5. Fees

2.4.5.1. You pay the fees for the resources You purchase and consume each month on the cloud platform. Payment is due at the end of each month. You may view the actual and estimated consumption of cloud platform resources in your Cloud Panel. The estimated consumption is only a forecast. The actual fee is the fee listed on the invoice at the end of the month for the resources actually consumed.

2.4.5.1.1. If you have chosen a Pre-configured package and you deactivate (note: not delete) Your VM, You have to pay for all Your resources. When choosing a flexible configuration and You deactivate Your VM You’re not paying for CPU and RAM but You’re charged for SSD.

2.4.5.2. Fixed Costs

2.4.5.2.1. Additional fees for fixed resources will also apply, for example domain names, SSL certificates, software licenses or storage space assigned to a specific hard disk on your server.

2.4.5.2.2. If resources with fixed consumption are disabled before the end of a pre-paid period, no refund will be given for the portion not consumed.

2.4.5.3. Increase/Reduction of Resources

2.4.5.3.1. All resources, as well as any increase or decrease thereof, take effect immediately in the technical system. The costs are billed on the next invoice for the cloud platform.

2.4.5.4. Network Transfers

2.4.5.4.1. We reserve the right to reduce Your bandwidth if You use it excessively.

2.5. VPS

2.5.1. Subject of the Agreement

2.5.1.1. The Virtual Private Server is a server with administration rights. It requires sound knowledge of administering server systems.

2.5.1.2. The service allows You to operate a single virtual server, with performance characteristics that depend on the server model chosen by You from Our range of models.

2.5.1.3. Each Virtual Private Server forms a standalone system with its own management and configuration, and is operated independently of Your other cloud platforms.

2.5.1.4. The number of VMs is limited, servers cannot be added or removed, API access is not possible, shared memory is not provided, there is no load balancing or VPN, and the ability to create new users or share data or resources across different cloud platforms is very limited. The data center in which the virtual server is operated by Us can be selected only at the time the service is ordered and cannot be changed afterwards.

2.5.2. Your Obligations 

2.5.2.1. As a server administrator, You are responsible for securing the server against unwanted attacks and manipulation by third parties.

2.5.2.2. You alone are responsible for updating the operating systems and application software installed on the server at your own cost and risk.

2.5.2.3. You are responsible for installing reliable security software and keeping it updated to prevent hackers from abusing insufficiently secured or “open” networks.

2.5.2.4. You agree to configure your programs to automatically restart when the hardware or operating system restarts.

2.5.3. Our Obligations

2.5.3.1. HOSTXLS shall provide the Virtual Private Server with the customer’s chosen operating system, if this is technically possible.

2.5.4. Our Rights

2.5.4.1. Access Rights

2.5.4.1.2. Access to the Virtual Private Server is limited to You and the persons You have authorized. We have no regular access to the content of Your virtual server. In particular, We have no administrative access to Your virtual server.

2.5.4.1.3. In order to resolve technical incidents, We may remotely access the physical servers on which the Virtual Private Server is located and, therefore, we may have access to Your content. In this case, suppliers shall only be permitted to perform the work that is required to resolve the incident.

2.5.4.2. Cancellation of Contract after 6 Months of Disuse

2.5.4.2.1. We reserve the right to cancel the cloud platform if You have not purchased or consumed any resources for a period of greater than six months.

2.5.4.2.2.1. The Virtual Private Server forms part of a complex hardware platform that manages all of the servers that share the infrastructure. We reserve the right partially or completely interrupt provision of the service in the case of:
•    Excessive consumption of resources;
•    Other disruptions that can be traced to You that are observed to be impairing the performance of the platform on which the resource is located-infringing on the rights of third parties that share the infrastructure.

2.5.4.2.2.2. In such cases, We shall notify You so that You can resolve the issue in question. During this time, We will temporarily suspend provision of the service. Should the problem occur again after the service is restored We reserve the right to cancel Your Virtual Private Server service without notice.

2.5.5. Fee

The contract fee consists of a monthly base fee charged in advance and a variable amount billed retroactively over the previous monthly period.

2.6. WordPress (WP) Pro

2.6.1. Subject of the Agreement

2.6.1.1. WP Pro is a cloud server. This server contains a CPU, RAM and disk space, which HOSTXLS makes available to you for the duration of your contract.

2.6.1.2. WP Pro is a server without administration rights. It is provided to you with a pre-installed operating system and a pre-installed stack.

2.6.1.3. HOSTXLS has administrative access to your server. Your server is managed and administered automatically. You therefore cannot make any custom changes.

2.6.2. Our Obligations for the Pre-installed operating system and pre-installed stack

2.6.2.1. We provide you with the platform required for Your WordPress application and updates it as necessary. The platform includes the operating system and all requested services.

2.6.3. Your Rights and Obligations for the Pre-installed stack

2.6.3.1. You are entitled to adjust Your own source code and to customize the database associated with the application. You can configure the application as desired.

2.6.4. Rights of HOSTXLS

2.6.4.1. Access Rights

2.6.4.1.1. In order to resolve technical incidents, We may remotely access the cloud servers on which the WP Pro is located and, therefore, we may have access to Your content. In this case, suppliers shall only be permitted to perform the work that is required to resolve the incident. There may be temporary interruption of the service during this time.

2.7. Cloud Backup

2.7.1. Subject of the Agreement

Cloud Backup allows you to back up your server and device data. You can activate the Cloud Backup at any time in your existing Cloud Panel via the Backup section or alternatively purchase it as a standalone solution via HOSTXLS with a new Cloud Panel. You pre-select the location of the data center when you activate your Cloud Backup. You always configure your backup plan individually according to your needs.

2.7.2. Your obligations

You are solely responsible for the activation, configuration and management of the backups. Access and use of Cloud Backup is also your sole responsibility. You are also responsible for the security of the backups against unwanted access and manipulation by third parties via the Internet. Furthermore, the content stored by the client in the backups, errors caused by access providers, contamination by viruses in the backups or damage due to incorrect configuration are your responsibility.

2.7.3. Our Obligations

HOSTXLS provides you with the platform you need for your Cloud Backup and updates it when necessary. HOSTXLS is not responsible for the loss or accidental deletion of data contained in the backups. Similarly, HOSTXLS does not guarantee the replacement of this data. In no event shall HOSTXLS be liable for any loss of data, business interruption or other damages resulting from the operation of the cloud backup product and/or failure to meet the customer’s expectations.

2.7.4. Our Rights

2.7.4.1. Access Rights

Access to the Cloud Backup is limited to you and persons authorized by you. HOSTXLS has no way to determine the content or configuration of your backups. In particular, HOSTXLS has no administrative access to your Cloud Backup.
In accordance with the regulations on the protection of personal data, HOSTXLS informs you that, in exceptional cases and in order to resolve technical malfunctions, the technical providers of some products may need to access the physical servers on which your Cloud Backup is located by remote control. In this case, the providers are only allowed to perform the work necessary to fix the problems. They may not use this work or the data they access for any other purpose. This information shall be provided only to the manufacturer or authorized reseller for the sole purpose of reviewing the software and monitoring compliance with these terms and conditions in connection with the product.

2.7.4.2. Cancellation of Contract after 6 Months of non-use

2.7.4.2.1. We reserve the right to cancel the cloud platform if You have not purchased or consumed any resources for a period of greater than six months.

2.7.5. Overview of use

The day-based usage overview (one calendar day between 00:00 and 23:59) is located in the Cloud Panel. Please note that the current actual usage is shown in the backup console. Since the calculation of the used storage space is delayed, there may be temporary differences between the usage overview in the Cloud Panel and the backup console.

2.7.6. Fees

You have the choice between the Cloud Backup of a specific size at a fixed price or the Cloud Backup Flex. The current prices of each package can be found on the website or in the Cloud Panel under the Backup section.

In case of cancellation of the product due to non-payment, all associated data, including backups, will be deleted. HOSTXLS will not be responsible for any loss of data that may occur as a result of the cancellation of the product for non-payment.

2.7.6.1. Fees according to consumption

Cloud Backup Flex is billed according to usage. The invoice amount is based on the amount of GB used as well as the number of devices with booked add-ons and will be debited from your Payment Account after the end of the respective month.

2.7.6.2. Fees according to fixed price

If you have decided on a Cloud Backup package at a fixed price, you will be invoiced for the corresponding package on a monthly basis. This is independent of whether you have used the entire storage space or not.

Once your package has been used up and your backup plan is configured accordingly, further backups are automatically created and stored. If the selected package size is exceeded, the costs for the additional consumption will also be invoiced. The cost for each additional gigabyte per month can be found in the Cloud Panel or on the website.

2.8. MyDefender

2.8.1. Subject of the Agreement

MyDefender allows you to backup the data of your devices such as smartphones, tablets and computers. You can choose between different MyDefender package sizes, each of which allows for a different number of end devices to be backed up. You can find the respective package sizes and included storage limits on the website. MyDefender does not allow you to backup servers. You can purchase MyDefender as a standalone solution through HOSTXLS with a standalone Cloud Panel. In this case, you pre-select the data center location when activating your cloud backup. You can always configure your backup plan individually according to your needs.

2.8.2. Your Obligations

You are solely responsible for the access and use of MyDefender, including but not limited to activating, configuring, and managing backups as well as securing the backups against unwanted access and manipulation by third parties. Without limitation, HOSTXLS disclaims any liability for the contents stored by the client in the backups, errors caused by access providers, contamination by viruses in the backups or damages due to incorrect configuration, or the loss or accidental deletion of the data contained in the backups, whether by you or otherwise. HOSTXLS does not guarantee the replacement of this data. In no case will HOSTXLS be responsible for any loss of data, interruption of service or any other damage caused by or related to the MyDefender service or failure of the product to meet the Customer’s expectations.

2.8.3. Our Obligations

Subject to the terms of the Agreement, HOSTXLS will provide you with the platform required for your MyDefender and update it if necessary. 

2.8.4. Our Rights

2.8.4.1. Access Rights

Access to MyDefender is limited to you and people authorized by you. HOSTXLS has no way to determine the content or configuration of your backups. In particular, HOSTXLS has no administrative access to your MyDefender.

HOSTXLS, its employees, and its service providers may, from time to time, remotely access the physical servers on which your MyDefender is located. In this case, the providers are only allowed to perform the work necessary to fix the problems and they may not use this work or the data they access for any other purpose. Such information shall be provided only to the service provider for the sole purpose of maintaining or testing the MyDefender Software and verifying compliance with these Server T&C.

2.8.4.2. Cancellation of Contract after 6 Months of Non-Use

2.8.4.2.1. We reserve the right to cancel the cloud platform if You have not purchased or consumed any resources for a period of greater than six months.

2.8.5. Overview of use

The day-based usage overview (one calendar day between 12:00 AM and 11:59 PM) is located in the Cloud Panel. Please note that the current actual usage is shown in the backup console. Since the calculation of the used storage space is delayed, there may be temporary differences between the usage overview in the Cloud Panel and the backup console.

2.8.6. Fees

You can choose between different MyDefender package configurations. You can find the current prices of each package on the website.

In case of termination of the product for any reason, including but not limited to non-payment, all related data, including backups, will be deleted. Without limitation, HOSTXLS will not be responsible for any loss of data that may occur as a result of the cancellation of the product for non-payment.

2.8.6.1. Fees according to consumption

Usage in excess of the storage quantities included in the package will be charged additionally according to consumption. The invoice amount is based on the number of gigabytes used and will be debited from your Payment Account at the end of each month.

2.8.6.2. Fees according to fix price
The fees for your chosen package size will be charged monthly at a fixed price. This is regardless of whether you have used any or all the storage space allocated to you.

For packages with a fixed backup capacity, if the storage space allocated to your package is used up further backups will be created and stored automatically. In the event that the selected package size is exceeded, the cost of the additional usage will also be charged. The cost of each additional  gigabyte  per month can be found on the Cloud Panel.

You expressly agree and acknowledge that, except as modified by these Server T&C, your use of the Service is subject to the entirety of the GT&C, including but not limited to those sections governing HOSTXLS’s limitation of liability for the Service, your indemnification obligations, and the provisions requiring mandatory arbitration of any disputes relating to the Service. The GT&C may change from time to time, and you agree to be bound by any such modifications if you continue to use the Server services. We recommend that you review the GT&C before you use or renew the Server services.

These General Terms & Conditions together with any Specific Terms and Conditions for your Services, the Privacy Notice, the Data Processing Agreement and the Acceptable Use Policy form the Agreement between You and Us. If any of these General Terms & Conditions are inconsistent with any Specific Terms and Conditions for your Services, then the Specific Terms & Conditions shall prevail.

By signing up for the Services you warrant that you are capable of entering into a binding contract; or are acting with the express permission of a person or organisation and using the payment details of that person and that they also agree to be bound by the terms of this Agreement. You also agree to comply and adhere to any and all applicable law s and regulations in relation to this Agreement.
 

HOSTXLS reserves the right to amend, modify or alter any of these Terms and Conditions without the prior consent of You.

Age Condition

You certify that by purchasing any of our products from this website that You are 18 years or older.

Definitions

“Acceptable Use Policy” means the HOSTXLS policy which forms part of this Agreement and sets out the remit for your use of the Services.

“Agreement” means any agreement to which these General Terms & Conditions together with any Specific Terms & Conditions for your Services and the Acceptable Use Policy are incorporated.

“Designated Agent” shall mean an individual or entity that the Prior Registrant or New Registrant explicitly authorizes to approve a Change of Registrant on its behalf.

“Material Change” means a non-typographical correction. The following will be considered Material Changes:

a) A change to the domain name owner’s name or organization that does not appear to be merely a typographical

correction;

b) Any change to the domain name owner’s name or organization that is accompanied by a change of address or phone

number; and

c) Any change to the domain name owner’s email address.

“Order” means a request made by You for Services to be supplied pursuant to the terms of this Agreement.

“Services” means the services and or products to be provided to You by HOSTXLS.

“Us” means HOSTXLS. a company registered in The Netherlands, Einsteinlaan 10, 2719 EP Zoetermeer South Holland.

“You” means the person or company who purchases services from HOSTXLS.

1. Commencement of this Agreement

1.1 This Agreement will only commence when We provide You with written confirmation that your Order has been accepted.

1.2 The information that You provide to Us must be complete, accurate and up to date at all times. We reserves the right to suspend access to Your account and Services if We believe any information You have supplied to Us is inaccurate.

2. Supply of Services

2.1 We agree to supply the Services to You in accordance with the terms set out in this Agreement.

2.2 We will use reasonable endeavours to supply the Services to You as soon as it is reasonably practicable and in the event that We become aware of any reason for delay, We shall notify You.

2.3 We will not be liable to You if We, using Our endeavours, fail to supply the Services within a specific timescale.

2.4 We reserve the right to improve, modify or change the Services provided to You and We will use reasonable endeavours to notify You as soon as it is reasonably practical to do so.

2.5 We will provide the Services to You using reasonable skill and care but at all times this will be subject to any downtime caused by scheduled or emergency maintenance or repair. We will use Our reasonable endeavours to ensure that any disruption to the Services is minimal and any scheduled work takes place during off-peak hours when possible. We will not be liable to You or any third party for losses whatsoever caused by any such downtime; whether emergency or scheduled.

2.6 We reserve the right to deactivate individual features, applications, scripts or programs as necessary in the interests of technical progress, security, availability of technical support on the provider or manufacturer side, to ensure the stable operation and integrity of Our systems.

2.7 We shall take reasonable steps to ensure that any deactivation of individual features, applications, scripts or programs will not result in changes to a core function of the Services We provide You and to offer technical alternatives (including upgrades and updated versions of software) as and when such alternatives become available.

2.8 In the event that such changes result in changes to a core function of the Services We provide You and no viable alternative is available, You will be entitled to a pro-rated refund on cancellation.

2.9 In the event of changes of features, applications, scripts and programs pursuant to clause 2.6 above, You agree to cooperate and be responsible for managing any adjustments to your Services if requested to do so. We will endeavour to communicate any changes to You as soon as possible.

3. Duration and Renewal of Services

3.1 Unless otherwise specified, Services are provided for a minimum contract term of 12 months and unless cancelled in accordance with Clause 4 below will automatically be renewed for further periods.

3.2 In the event a FREE domain (subject to availability) is included with the purchase of a new package with a 12 month minimum term contract, you must add the domain to your basket before purchase. This free domain offer applies only to the contract term of the initial purchase. After the contract term of the initial purchase, domains purchased through this offer will renew at the regular price.

4. Cancellation

4.1 You are entitled to cancel the Services by contacting Us no less than 1 working day prior to the renewal date for your Services.

4.2 You may cancel your contract with Us either by telephone or through Your Control Panel. Once We accept Your cancellation request, You will be provided with written confirmation of cancellation. Cancellation requests will not be deemed to have been received and accepted until We have issued Our written confirmation to You.

4.3 If You have entered into this Agreement as a consumer, You have the right to cancel Your contract within 14 days from the date the contract is formed. For the avoidance of doubt, the contract is formed when You place the Order button through Our website, and therefore providing Us with permission to commence Your Services.

4.4 As a result, as soon as the Services have commenced, You will not have the right to cancel the Contract under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Please note that if You do not wish to waive this right, We will not be able to commence Your Services.

4.5 For clarity, domain purchases are not covered by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

4.6 For the avoidance of doubt, if You use the Services in the course of business, You will be treated as a non-consumer and statutory consumer protection will not apply to this Agreement.

4.7 We reserve the right to cancel and/or withdraw Your Service at any time without reason by providing you 30 days’ written notice.

4.8 HOSTXLS expressly reserves the right to terminate, without notice to You, any and all Services where, in HOSTXLS sole discretion, You are harassing or threatening HOSTXLS and/or any of HOSTXLS employees.

5. Registration of Domain Name(s)

5.1 We do not accept responsibility nor do We make any warranty that the domain name(s) requested by You will be accepted for registration in the register of the Naming Organisation nor will We be liable for any incidental costs You incurred if the application for Registration is unsuccessful. We do not accept responsibility for any liability to third parties for breach of their Intellectual Property Rights in relation to the domain name(s) requested by You.

5.2 Upon successful Registration We will manage Your domain name(s) for the Initial Registration Period and for such time as it remains registered to You subject to such rules of the applicable Registry in force from time to time and which can be assessed through https://www.hostxls.com/terms-gtc/terms-registration.

5.3 Notwithstanding Clause 5.2, We reserve the right to suspend or to cancel any application for Registration or refuse to manage a domain name(s) in the circumstances set out in Clause 4.4 of this Agreement.

5.4 Once We fulfil Your domain Order, We shall notify You of the successful registration of the domain name(s). We will manage Your domain name(s) for the initial registration period and for all future renewals. Unless You set your Domain to expire via your Control panel prior to the expiry date, We will automatically renew your Domain. You authorise Us to debit Your account for the initial registration period and any subsequent renewals.

5.5 You acknowledge that any disputes arising out of the use of Your domain name(s) requested by You may be resolved for as follows:

• For .uk UK domains in accordance with the Nominet UK Dispute Resolution Service (DRS), which can be accessed at https://www.nominet.uk/domains/resolving-uk-domain-disputes-and-complaints/
• For gTLD domains in accordance with the ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP), which can be accessed at http://www.ican.org/udrp.html which may impose restrictions on the termination or transfer of the domain name(s) with its current host during or pending during the settlement of such a dispute.
• For nTLD domains in accordance with ICANN’s Uniform Rapid Suspension Process (URS), which can be accessed at https://www.icann.org/resources/pages/urs-service-provider-application-process-2015-11-23-en
• Any other disputes must be referred to the compliance department at compliance@hostxls.com.

5.6 You shall be permitted to transfer Your domain name(s) to another Registrar other than Us upon termination of this Agreement in accordance with Clause 4.

5.7 You agree that for reasons of security and in accordance with ICANN and other registry policies, We shall apply a transfer lock.  Such transfer lock may include but not be limited to domain name registration, the transfer of a domain name and any Material Changes to the domain name owner details to protect the transfer of a domain name. You will nevertheless be able to remove the transfer lock in order to allow a transfer of a domain which has been applied for by third parties.

5.8 You acknowledge and agree that We, Our agents, assignees or licensees may, upon registration of Your domain name, associate any data of any kind, in Our sole discretion, with the Domain Name registered in association with Your Web Site or any URL incorporating said Domain Name until You replace such data with the Web Site. This paragraph shall apply to any and all web pages generated by Us, whether in connection with HTML standard response codes or otherwise, including but not limited to 404 webpages.

5.9 You acknowledge and agree that in the event of a Material Change, You are responsible and liable for such Material Changes.

5.10 By ordering or applying SSL Certificates in connection with our products, you acknowledge and agree to comply with the Digicert’s Terms and Conditions.

5.11 In the case of a tariff with unlimited SSL certificates, the customer receives an SSL Wildcard certificate for each domain for which he has a current contract with HOSTXLS. The SSL Wildcard certificate can be used for all domains administered by HOSTXLS. If the customer concludes a new contract which includes a domain with HOSTXLS another SSL Wildcard certificate will automatically be assigned. As soon as the SSL Flatrate Subscription is cancelled the SSL certification(s) will be cancelled immediately. If customers use the change Feature from Paid SSL (SSL Starter, SSL Starter Wildcard, SSL Business, SSL Business Wildcard, SSL Premium) certificate to SSL Flatrate the remaining term of Paid SSL will not be refunded and will be cancelled.

6. Premium Services

6.1 The Premium Services can only be used in connection with HOSTXLS products.

6.2 The Premium Services can only be used by and discussed with account owners and persons with authority on the account. There will be no support to end users, unless consent has been provided by the account holder, in writing.

6.3 The service is available on request (subject to the availability of the Premium Service Team). You are charged a one-time fee for this service, in addition to the normal subscription fees for the relevant HOSTXLS package

6.4 The scope of each Premium Service is detailed within the service description at the time of purchase.

6.5 Prior to any service being carried out by a Personal Support Assistant, You must agree to the service and the price quoted. Payment for the Premium Services is taken upon booking of the service or subsequent to the service being provided to the Customer, depending on Customer’s payment method.

6.6 The booked service must be used within 30 days of purchase.

6.7 You have the right to cancel the Order for Premium Services by e-mail or phone at any time but due to the nature of this customised service and the work involved You will not receive a refund of the service fee if the work has commenced.

6.8 The 30-day money-back guarantee that is offered for some other HOSTXLS products is explicitly excluded for this service.

6.9 Cancelling the Premium Services has no effect on any other existing HOSTXLS contracts. These contracts must be cancelled separately, according to the applicable Terms and conditions.

6.10 If applicable, You must provide the Personal Support Assistant with remote access in order for the service to be successfully carried out.

6.11 You must provide any technical equipment in order for the Service to be carried out (e.g. DSL connection, internet connection, and modem).

6.12 You may be required to provide access to Your HOSTXLS products and accept that some changes to Your products may be required, in order for the service to be completed.

6.13 You are required to fully cooperate with Us in order for the Services to be completed successfully.

6.14 You will be asked to provide files and information (“Content”) for the setup of Your services. You shall submit all Content required in electronic file format by e-mail (including but not limited to Word, jpeg, gif). Content must not be illegal/offensive in nature, and You must be the owner, or have the relevant permission from the copyright holder if using third party materials.

6.15 Content and materials provided by You (for example images and logos) should be of good quality and suitably sized for their intended use. You must not provide content or materials for which You are not the copyright holder, or for which You do not have the permission of the copyright holder to use (excluding open source content and materials).

6.16 It is a requirement of these Terms that You retain a current back-up of any such Content. Any Content will be deleted by Us after the service has been performed and will not be returned to You.

6.17 You  may be required to choose passwords for the Service to be performed. You must appropriately update passwords after the Service has been completed.

6.18 You will be notified by Us when Your Service has been completed.

6.19 Prior to Us providing the additional services, You must retain a backup of all Your data and confirm to Us that this has been done.

6.20 Use of these Services means that You agree to abide by both the service specific terms and the HOSTXLS General Terms and Conditions.

6.21 We provide Our Services ‘as is’ and ‘as available’. We do not warrant that Your use of the Services will be uninterrupted or error-free, or that the Services will meet Your requirements.

6.22 By ordering a Premium Service, you consent to HOSTXLS agents accessing your webspace and any data that’s stored there. 

7. 30 DAY MONEY BACK GUARANTEE

7.1 Money Back Guarantee claims must be received within 30 days of the initial order being placed. This must be done by contacting the cancellation team.

7.2 In order to qualify for the Guarantee, any request for cancellation must include the following information; Full name of account holder, HOSTXLS account number, email address, telephone number and reason for cancellation.

7.2 The 30 Day Money Back Guarantee applies to new MyWebsite, Hosting, Server, Mail and eShop, and Online Marketing packages including Local Business Listing (List Local), Google Ads Management Service, Search Engine Optimisation Tool (rankingCoach) and Email Marketing Software and is limited to the Your initial purchase, and any additional or optional Services or features added from the Control Panel by You.

7.3 The 30 Day Money Back Guarantee does not apply to any domain packages, new orders of additional domains added from the Control Panel by You, any HOSTXLS website and e-commerce design service, HOSTXLS Dynamic Cloud Server performance features on top of the minimum configuration, and HOSTXLS Cloud Ltd. Search Engine Marketing packages.

7.4 The 30 Day Money Back Guarantee does not apply to any third party budgets that have been spent up to the point of the Money Back Guarantee claim. This includes but is not limited to ad budgets spent in the course of the following products: Local Business Listing (List Local), Search Engine Optimisation Tool  (rankingCoach) and Google Ads Management Service.

7.5 You agree that if any other Services are attached to Your contract that you wish to cancel, these will also be cancelled.

7.6 The 30 Day Money Back Guarantee does not apply to certain offers and promotions including, but not limited to, packages ordered with the software bundle and Best Buy campaigns which usually come with Minimum Term Contracts. We recommend that You check the Terms & Conditions applicable to the offer before placing an order.

7.7 The 30 Day Money Back Guarantee is not available where you have breached any part of these General Terms & Conditions including but not limited to an account that has been suspended or terminated as a result of such breach.

8. Refunds

8.1 All fees are payable in advance and are non-refundable.

8.2 If We choose to cancel the Services We provide to You for any reason other than a breach of the terms of this Agreement by You, We will refund You on a pro rata basis.

8.3 In the event that Services are suspended temporarily or that any features, applications, scripts or programs are deactivated in order to ensure the stable operation and integrity of the Services You will not be entitled to a refund.

9. Pricing, Payments and Change of Services

9.1 Payment in respect of all Services is on demand.

9.2 We will automatically generate an invoice in respect of the next period unless the Services have been cancelled in accordance with clause 4 above. All invoices are delivered electronically to You via email and are available via the Customer Control Panel at https://my.hostxls.com. You are responsible for checking receipt of all invoices. No hard copy invoices will be sent by post.

9.3 Payment will be taken automatically following delivery of Your invoice and will be non-refundable. In the event that any automatic payment should fail, the invoice will be considered overdue and immediately payable.

9.4 We reserve the right to change the prices and/or nature of our Services by giving You 30 days written notice of those changes. Notice of changes to prices and/or Services will be given by email to the email address we hold for your account. Any price change will take effect automatically upon a renew al of the Agreement.

9.5 All payments must be made in UK pounds sterling, inclusive of applicable taxes. Payments can only be made by a valid Credit/Debit Card, Direct Debit or through PayPal.

9.6 You warrant that You are authorised to use Your chosen method of payment. If You are not the named cardholder, You acknowledge that You and the named cardholder both agree to be bound by the terms of this Agreement and are jointly and severally liable for all payments under this Agreement. You agree to indemnify and hold Us harmless in the event that the cardholder or issuer declines any payments to Us including all of our costs in administering your non-payment and obtaining the payment due to Us by You.

9.7 We reserve the right to suspend all Services until payment is received in full and all outstanding charges are cleared. Any non-payment of a recurring invoice may be subject to an administration charge. You are responsible for all money owed to Us under the terms of this Agreement until it is terminated. You are also responsible for any additional costs incurred by Us in taking steps to recover any sums due by You.

9.8 You will pay any Additional Charges as may be required from time to time by Us for reactivation of the Services due to disconnection.

9.9 You are required to provide Us with valid contact details and a valid payment method at all times during the term of this Agreement. If any of this information is found to be invalid, we reserve the right to suspend access to your account.

9.10 If your chosen payment method is cancelled or changed for any reason then You must notify Us immediately and provide Us with details of an alternative payment method.

9.11 Payments processed by third parties are also subject to those third parties’ terms and conditions of service and We make no representations and provide no warranties with respect to those third party services.

9.12 You shall not be entitled to set off a credit against any amount owed to Us pursuant to the Agreement.

9.13 If You fail to pay all sums due to Us, We reserve the right to interrupt, suspend or cancel your Services (from day 7 after the payment’s due date). Such action is without prejudice to Our right to recover any and all outstanding sums from You and Your obligation to pay the same to Us. 

9.14 We reserve the right to pass your debt onto a third party debt recovery agent and You accept all liability for the recovery of our costs from You

10. Chargebacks

If You withdraw any payments made via a bank, credit card or third party payment method (a “chargeback”), We reserve the right to interrupt, suspend or cancel Your Services and/or charge a fee. Such action is without prejudice to Our right to recover any and all outstanding sums from You and your obligation to pay the same to Us.

11. Third Party Users

11.1 All Services provided by Us to You are intended for Your use only. You agree that any decision to resell, store or giveaway any of the Services to third parties is undertaken on the basis that You accept sole responsibility for ensuring compliance with this Agreement and the terms and conditions relevant to any chosen Services by third parties. You agree to indemnify and hold Us harmless against any losses caused or damage suffered as a result of a breach by any third parties.

11.2 We accept no liability to You or any third parties for losses arising from third party use of Your Services as set out above.

12. Usage

Where a Service is not provided with unlimited usage as standard, you will be liable to pay any charges incurred by exceeding the agreed data use limits in relation to those Services. Any additional charges will be at the rate set out in your original package.

13. Data

13.1 All data created or stored by You within our applications and servers are Your property. We make no claim of ownership of any web server content, email content, or any other type of data contained within Your server space or within applications on servers owned by Us.

13.2 You are responsible for ensuring that you maintain adequate and up to date back up copies of all of Your data that You upload onto Our servers or build through Our tools. This should include, but not limited to all written content, images, photographs and screenshots of Your data.

13.3 In the event of loss of or damage to Your data arising out of Your actions or actions undertaken on your behalf, We will not provide You with access to any data stored by Us for archiving or backup procedures except at our sole discretion.

13.3 In the event of loss of or damage to Your data, howsoever caused, We, in no circumstances, will be liable to recover Your data. We will not provide You with access to any data stored by Us for the purposes of Our own platform stability and business continuity.

13.4 In the event of loss of or damage to Your data relating to a failure in our systems or servers, We will make reasonable commercial efforts to assist You with restoring Your data. Notwithstanding this, however, You accept full responsibility for maintaining adequate backup copies of all Your data.

13.5 To the extent that We access or hold personal data which is submitted by you for use with the Services, the terms of the Our Data Processing Agreement, which are hereby incorporated by reference, shall apply and the parties agree to comply with such terms.

13.6 6  You shall indemnify Us and hold Us harmless against all damages, losses and expenses arising out of a third party claim of intellectual property infringement in respect of Your content or data.

14. Passwords

14.1 It is your responsibility to keep all passwords safe, to ensure they are secure (with reference to accepted best practices) and to change passwords regularly. We are not responsible for any data losses or security compromises arising as a result of compromised passwords or as a result of You giving a third party access to your password.

14.2 You are responsible for any and all actions arising out of the use of your account password.

15. Your personal details

15.1 You warrant that the contact information You provide to Us is correct, and that You will update this information immediately, as required from time to time. You agree that We may suspend access to your account and the Services if we reasonably believe that the information You have supplied is inaccurate.

15.2 You accept that if Your account is paid for by another party, who has agreed to be bound by the terms of this Agreement that party and who has access to Your account password, We may discuss your account with that party and take instructions from them in relation to the account.

15.3 We reserve the right to email You with information about product offerings We believe may be of interest to You from time to time. You may unsubscribe from marketing communications at any time.

16. Disclaimers and Warranties

16.1 You agree that you use Our services at Your own risk.

16.2 The Services are provided on an “as is” and “as available” basis. We do not warrant or represent that any Services will be uninterrupted or error-free. You accept that all Services are provided warranty-free.

16.3 HOSTXLS, its Directors, Officers, employees, agents and any associated third party service providers disclaim all warranties of any kind. Whether express or implied, including fitness for purpose and satisfactory quality and those relating to the exercise of reasonable care and skill are hereby excluded in relation to the Services to the fullest extent permitted by law.

17. Liability

17.1 We shall not be liable for any loss or damage of any nature suffered by You arising out of or in connection with any breach of this Agreement by You or any act, misrepresentation, error or omission made by You or on Your behalf.

17.2 We will not be liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by You or for any wasted management time or failure to make anticipated savings or liability You incur to any third party arising in any way in connection with this Agreement or otherwise whether or not such loss has been discussed by the parties pre-contract or for any account for profit, costs or expenses arising from such damage or loss.

17.3 No matter how many claims are made and whatever the basis of such claims, our maximum aggregate liability to You under or in connection with this Agreement in respect of any direct loss (or any other loss to the extent that such loss is not excluded by other provisions in this Agreement) whether such claim arises in contract or in tort or in any other way and whether or not caused by negligence or misrepresentation shall not exceed a sum equal to the fees paid by You for the specific Services in relation to which Your claim arises during the 6 month period prior to such claim.

17.4 Nothing in this Agreement shall operate to exclude or limit our liability for: 18.4.1 death or personal injury caused by our negligence;

• any breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982;
• fraud; or
• any other liability which cannot be excluded or limited under applicable law.

17.5 Neither party shall be liable to the other under or in connection with this Agreement or any collateral contract for any:

• loss of revenue;
• loss of actual or anticipated profits;
• loss of contracts;
• loss of business;
• loss of opportunity;
• loss of goodwill;
• loss of reputation;
• loss of, damage to or corruption of data; or
• any indirect or consequential loss, however arising regardless of whether such loss or damage was foreseeable or in our mutual contemplation and whether arising in or caused by breach of contract, tort, breach of statutory duty or otherwise.
•  

18. Force Majeure

We shall not be responsible for any failure to provide any Services or perform any obligation under this Agreement because of any act of God, strike, lock-outs or other industrial disputes (whether our employees or any other party) or compliance with any law  of governmental or any other order, rule, regulation or direction, accident, fire, flood, storm or default of suppliers, work stoppage, war, riot or civil commotion, equipment or facilities shortages which are being experienced by providers of telecommunication services generally, or other similar force beyond our reasonable control.

19. Non-Waiver

Our failure to require You to perform any of your obligations under this Agreement shall not affect Our right to require such performance at any time in the future and nor shall the waiver by Us of a breach of any provision be taken or held to be a waiver of the provision.

20. Survival

The provisions, terms, conditions representations, warranties, covenants, and obligations contained in or imposed by this Agreement which by their performance after the termination of this Agreement, shall be and remain enforceable notwithstanding termination of the Agreement for any reason. However, neither We nor You shall be liable to one another for damages of any sort resulting solely from terminating this Agreement in accordance with its terms.

21. Notice

You agree that any notice or communications required or permitted to be delivered under this Agreement by Us to You shall be deemed to have been given if delivered by email, in accordance with the contact information You have provided.

In the following, we will inform you about how your personal data is processed when you use our website and products and what rights you have in this regard.

Data protection notice

For HOSTXLS.com., Einsteinlaan 10, Zoetermeer 2719EP (hereinafter HOSTXLS), the protection of your personal information has top priority. Of course, we comply with the relevant data protection laws and would like to inform you comprehensively about the handling of your data with the following data protection information.

1. information and contact details of the Controller

The Controller is: HOSTXLS.com
Einsteinlaan 10, Zoetermeer 2719 EP South Holland

Questions regarding data protection can be directed to our data protection officer: HOSTXLS.com.
The Data Protection Officer Einsteinlaan 10, Zoetermeer 2719 EP South Holland or by e-mail to privacypolicy@hostxls.com

2. visit our website

When you visit our websites, we also collect personal data. On the one hand, this concerns data that we collect as soon as you order something from us, but also such data that is collected when you view our websites or our profiles in social media. We explain the details in the following.

2.1 Cookies and their use – my choice

We use cookies to design our websites optimally for you, to improve our products for you as well as to show you interest-based advertising together with third-party providers.

More detailed information about cookies can be found on our separate https://www.HOSTXLS.com/cookies. There you will also find information on how you can change your Change cookie settings can.

2.2 Use of socialmedia

In order to optimally design our company presence, we maintain company pages in various social media. There, we want to inform our interested parties about our services and also communicate with you via these channels. The links to social media platforms are integrated in such a way that data is not directly transmitted to the social media operator. The integration on our websites takes place via direct links. A data transmission only takes place if you have clicked on the link.

These channels are used for the following purposes:

• Provision of information about our company and our products
• Statistical evaluations for business analysis and further development of services and products, as well as for the improvement of business processes
• Communication with customers and interested parties.

Legal basis
The legal basis for this processing of your personal data is our legitimate interest in communicating with our prospects and customers, as well as the analysis and further development of services and products, and the improvement of business processes. Direct customer contact also takes place via our social media support, whereby the processing is based on our contractual relationship or the pre-contractual measures with interested parties.

Further information on the social media platforms:
Facebook and Instagram: Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. We are jointly responsible with Facebook for the processing of Insights data on the Facebook fan page. The corresponding agreement pursuant to Art. 26 GDPR can be found here:
https://www.facebook.com/legal/terms/page_controller_addendum. For more information on Page Insights, please visit https://www.facebook.com/legal/terms/information_about_page_insights_data.
The general use of Facebook, is your own responsibility. You can find Facebook’s privacy policy directly on our Facebook fan page. You can edit your wishes for personalized advertising by Facebook at any time in their settings on Facebook and contradict.

Twitter: Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA.
For information on the data collected by Twitter, purposes and all other privacy information, please refer to the Twitter privacy policy (https://twitter.com/en/privacy).
You can find an opt-out option at: https://twitter.com/personalization
YouTube: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
For more information on data protection and personal data collected by Google/YouTube during integration, please see the following privacy policy: https://www.google.com/policies/privacy/
An opt-out is also possible: https://adssettings.google.com/authenticated

LinkedIn: LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland.
We also maintain a company profile on the LinkedIn networking platform.
If you are a member there, LinkedIn can assign the call of the content and functions on our profile to your user profile there. For more information, please refer to the privacy information of LinkedIn Ireland at:
https://www.linkedin.com/legal/privacy-policy?trk=homepage-basic_footer-privacy-policy

Xing: New Work SEDammtorstraße 30, 20354 Hamburg, Germany.
We also maintain a company profile on the networking platform on Xing.
If you are a member there, Xing can assign the call of the content and functions on our profile to your user profile there. For further information, please refer to the data protection information of New Work SE at: https://privacy.xing.com/en

If data is transferred to third countries on the part of HOSTXLS.com., suitable guarantees for data transfer are agreed with any processors or data controllers – in accordance with the legal requirements – or recourse is made to adequacy decisions of the EU Commission.

2.3 Video content

2.3.1 YouTube and Vimeo

We embed videos on our website. The content of these videos is stored directly on the platforms and embedded on our site. If you call up such a video, the IP address, technical information such as browser, operating system and basic device information as well as the website you visited are communicated. In addition, we have embedded the YouTube videos in a data protection-friendly manner in “extended data protection mode”.

Personal data is only transmitted when you call up a video. Only then is a server connection to YouTube and Vimeo established and a corresponding cookie set, which is used to save your settings. When you call up the videos, you leave our area and enter the external platforms of YouTube and Vimeo, which are beyond our control.

Before you call up a video, you will be informed about it again. If you have an account with the provider of the video service, they may be able to identify you. You can avoid this by logging out of your account before playing a video.

Legal basis
The legal basis for the activation of these videos is your consent, which is related to your consent to a cookie use (cookie page).

Provider of the YouTube platform
Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. Further information on data protection at Google/YouTube can be found here: https://www.google.com/policies/privacy/. A general advertising opt-out is possible here:
https://adssettings.google.com/authenticated.

Provider of the Vimeo platform
Vimeo, LLC, 555 West 18th Street, New York, NY 10011, USA. Further information on data protection at Vimeo can be found here: https://livestream.com/legal/cookie-preferences.

2.4 Friendly Captcha

Purpose and legal basis
We use the Friendly Captcha service. This involves including a JavaScript element in the source code, which causes the software to load in the background. Your terminal device calculates the solution to a crypto-puzzle for the service, which is used to be able to track whether the visitor is human or whether the use is abusive through automated, machine processing (e.g. bots).
To prevent fraudulent activity, the service is typically used in the following context: Forms (requests, contacting, password reset), orders, login pages. The service helps HOSTXLS prevent automated attacks that can lead to risks in the company’s infrastructure. In addition, it also provides protection for our customers to become potential victims of cyber crime.

Legal basis
The legal basis for this processing is therefore our legitimate interest and serves to prevent potentially fraudulent activities on our website.

Type of data

• http request header data
  in particular user agent (browser, operating system), origin and referrer (previous web pages)
• Date/time of request
• Version of the used Friendly Captcha service
• Customer account ID of the client’s website (HOSTXLS)
• Hash value (one-way encryption) of the incoming IP address
  (the IP address is discarded, only the hash value is stored)
• Number of requests from the (hashed) IP address per time period
• Answer of the calculation problem solved by the visitor’s computer
• No cookies are used.

Provider of the service
Friendly Captcha GmbH, Wörthsee, Germany
You can find more information about data protection at FriendlyCaptcha here:
https://friendlycaptcha.com/de/legal/privacy-end-users/

Friendly Captcha uses the following provider for hosting and delivery of the service (CDN = Content Delivery Network): Cloudflare Inc, San Francisco, USA.

If data is transferred to third countries by HOSTXLS SE, suitable guarantees for data transfer are agreed with any processors or data controllers – in accordance with the legal requirements- or recourse is made to adequacy decisions of the EU Commission.

2.4.1 Google ReCAPTCHA

Purpose and legal basis
We use the reCAPTCHA service from Google. With reCaptcha, a JavaScript element is integrated into the source code, whereby the software is loaded in the background and your user behavior is analyzed. The data is already used and analyzed before you clicked the “I am not a robot” checkbox. Google calculates a score based on the data, which is used on the one hand to be able to understand whether the visitor is a human or whether the input is abusive through automated, machine processing (e.g. bots). On the other hand, it also serves to prevent fraudulent mass orders, which can lead to risks in the company’s infrastructure. ReCAPTCHA also provides protection for our customers from becoming potential victims of cyber crime.

Legal basis
The legal basis for this processing is therefore our legitimate interest and serves to prevent potentially fraudulent activities on our website.

Type of data

• Previous web pages (referrer URL)
• IP address
• Operating system
• Cookies
• Scrolling and mouse clicks on the page
• Date and language settings
• Screen resolution

The IP address transmitted to Google is shortened and not merged with other Google data.

Provider of the ReCAPTCHA service
Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. Further information on data protection at Google can be found here:
https://www.google.com/policies/privacy/.
To have data deleted directly from Google, contact Google support at
https://support.google.com/?hl=de&tid=331578294933.

If you want as little data as possible to be transmitted to Google about you and your behavior, you must log out of Google and delete any Google cookies before visiting our website or using the reCAPTCHA software.

If HOSTXLS.com. transfers data to third countries, suitable guarantees for data transfer are agreed with any processors or data controllers in accordance with the legal requirements, or the EU Commission’s adequacy decisions are applied.

2.5 HubSpot

We use the service of HubSpot for our online marketing activities. This is an integrated software solution that we use to cover various aspects of our online marketing. The following data as well as the content of our website is stored on HubSpot’s servers.

1. a) Email marketing:HubSpot is used for our email marketing, among other things. Our website visitors can subscribe to topic-related newsletters and mailings as well as download certain documents (e.g. whitepapers). This requires, for example, the provision of the name and e-mail address. We use this data to contact visitors to our website.

The legal basis for this is your consent.
You can revoke your consent to receive newsletters, mailings or downloads at any time via a link at the end of each e-mail or by sending a message to privacypolicy@hostxls.com revoke. Your contact details will be deleted immediately by your revocation.

1. b) Reporting and contact managementIn addition to email marketing, we use HubSpot for reporting (e.g. traffic sources, accesses) and contact management purposes (user segmentation and CRM). This involves the use of cookies that are stored on your computer, which enable an analysis of your use of the website by us. This information is analyzed on our behalf by HubSpot to generate reports about visits to our pages. This enables us to determine which services from our company are of interest to you. This enables us to constantly improve our products and make our offers more customer-oriented.

If you have signed up for our registration service (see “Email marketing”), we can also use HubSpot to link a user’s visits to our website with personal details (name, email address) so that you are informed individually and in a targeted manner about preferred topics.

The legal basis for the processing is your consent via the cookie banner. You can find more information about cookies at: https://www.HOSTXLS.com/cookies.

If a collection by HubSpot is generally not desired, the storage of cookies can be prevented at any time by appropriate browser settings. You can make your settings regarding cookies at https://www.HOSTXLS.com/cookies.

1. c) Notes on HubSpot/data transfer to third countries
   HubSpot is a software company from the USA (25 First Street, Cambridge, MA 02141 USA) with a branch in Ireland (2nd Floor 30 North Wall Quay, Dublin 1, Ireland) and Germany (Koppenstraße 93, 10234 Berlin). Within the scope of processing via HubSpot, data may be transferred to the USA. In addition to the order processing agreement, standard contractual clauses as well as other appropriate guarantees have been agreed upon to ensure the security of a data transfer.

For more information about HubSpot’s data protection, please refer to the Terms of Use and Privacy Policy at https://legal.hubspot.com/de/privacy-policy or https://legal.hubspot.com/de/legal-stuff

3. order and order processing

3.1 Contract data

When ordering one of our products, we ask you to provide us with your personal data, which we need for the conclusion of the contract. This contract data will be stored by us for the duration of the contractual relationship, as we need it for the fulfillment of the contract. If you terminate your contract, we will store your contract data longer if there are objections and claims whose clarification is still pending. In addition, we also store your data longer if there are legal retention obligations. In this case, the processing of the data is restricted to compliance with the statutory retention periods and the data is no longer processed for any purposes beyond this.

You can make changes to this data yourself at any time via our protected customer login. Information on the creation of your personal access data will be sent to you after your order has been checked, usually by e-mail and in exceptional cases by post.

Type of data

• Address
• First and last name
• E-mail address
• Telephone number
• Company name (in case of trade) address
• Product contracts and usage
• Contract data
• Payment data
• Tax number

By signing up for HOSTXLS Cloud, you agree that HOSTXLS Cloud may use your directly personally identifiable usage data for a maximum of 6 months for the purpose of tailoring websites, products, and services to your needs, as well as for personalized advertising.

Legal basis
We need your data for contract initiation and execution.

Storage period
In the case of contractual data, processing is restricted after termination of the contract, and deleted after expiry of the 10-year retention period.

3.2 Chat

If you use the chat function on our websites, various cookies are placed by our chat provider. These are technically necessary for the execution of the chat. In some cases, these cookies are also used for analysis purposes. You can find out more about these cookies on our Cookie page.

In addition, we store the chat history for 90 days for quality purposes. By evaluating the stored chat histories, we have the opportunity to continuously improve our customer support and therefore base this processing on our legitimate interest. At the beginning of the chat, customers are informed of this storage and have the option to object to the storage there. Should you wish to object at a later point in time, you are welcome to send your objection at any time via privacypolicy@hostxls.com to us at any time.

In addition, the chat history is stored if it turns into a sales conversation and leads to the conclusion of a contract. In this case, only the sales part of the conversation is stored for the duration of the contractual relationship. The quality part will continue to be deleted after 90 days. We need this data to document the conclusion of the contract.

Legal basis
Legal basis is therefore the fulfillment of the contract.

Storage period
Sales part of the conversation: In the case of contract data, processing is restricted after the end of the contract and deleted after the retention period of 10 years.
Quality part of the call: 90 days

Data recipient
Genesys Telecommunications Laboratories B.V., DD Naarden, Netherlands

3.3 Voice Files

When you place an order by telephone, we record a short voice file summarizing all the essential characteristics of your order or consent as part of the conclusion of the contract or as evidence of an opt-in. If you additionally consent to this, we also record the complete course of the conversation in order to optimize our service quality.

Legal basis
The legal basis for the processing to prove the conclusion of the contract and the consent is the contractual basis, as we need this data in the context of the contract initiation, as well as for the subsequent execution of the contract.

The storage of the entire conversation process for quality purposes takes place exclusively after your consent. The legal basis for this is therefore consent.

Storage period:
Deletion of voice files for contract conclusion or termination takes place after 2 years at the latest. Voice files that we store exclusively for quality purposes with your consent are deleted at your request or after 90 days at the latest. If you agree to be contacted for advertising purposes during a call, this part of the voice file will be stored for 10 years.

3.4 Fraud prevention

Purpose and legal basis

When you place an online order with us, we check whether there are any indications of misuse of our web service or of attempted fraud by means of the terminal device you are using.

In addition, your device data will be compared with data on devices from which fraudulent actions have been carried out in the past or from which there was a corresponding suspicion. In this regard, there is also the possibility that employees of HOSTXLS or a service provider manually check the results in individual cases. The legal basis for data processing in the context of “device fingerprinting” is the legitimate interest, as there is a legitimate interest on the part of HOSTXLS to protect itself against fraud and/or misuse.

The usage data processed in the context of fraud prevention are, for example, IP addresses, information on website calls as well as information on the temporal scope of the websites visited. The device and browser data used in the context of “device fingerprinting” are, for example, language and country settings, browser, screen information, plug-ins, software versions. Transaction data, such as the object of purchase, shopping cart, name, postal address, e-mail address, delivery address, payment method and bank data, are also processed. This data is processed exclusively for reasons of abuse and fraud prevention.

On the basis of the aforementioned device data, a device ID is first created, which can be used to recognize end devices when they visit the website again. A cookie is set so that we can recognize this. The cookie contains a cookie ID, but no personal usage or transaction data. This allows the device to be identified without knowing the person behind it by name or linking it to the device ID.

In the event that the matching process described above is successful, i.e., if fraud or a corresponding fraud attempt has already been made via the respective device in the past, a contract is refused in the specific individual case.

In order to optimize fraud prevention processes, your data will be transmitted to ThreatMetrix (see below for information and contact details of the service provider/sub-service provider used) if you have given your consent. There, personal data is stored in a pseudo-mymized form in a pool in which pseudo-mymized data of other ThreatMetrix customers is also stored. This serves in particular to prevent terminal-related, cross-border waves of attacks or mass attacks with possible abuse or fraud backgrounds at an early stage. Your data is only checked there to determine whether there might be any suspicion of fraud or misuse. ThreatMetrix may also provide suspicious device IDs to other companies for fraud prevention reasons, e.g. also to companies located in a third country without an adequate level of data protection. The legal basis for a data transfer for fraud screening is your consent.

However, this consent is only requested if you wish to place your order online. If you do not wish to give such consent to the data processing for risk assessment, within the framework of fraud prevention, an online order is unfortunately not possible. Alternatively, however, you can continue to place your order with us by telephone.

Cancellation option:
If you have given us your consent under data protection law, you can revoke this consent at any time via privacypolicy@hostxls.com with effect for the future. This revocation will also be transmitted to ThreatMetrix, so that you can also have your data deleted there at any time.

Your data will be transmitted to the following service providers for fraud prevention purposes:

In order to carry out the measures described above, we have commissioned CRIF Bürgel GmbH, Radlkoferstraße 2, 81373 Munich as a service provider, which has subcontracted ThreatMetrix B.V, The Base 3/F, Tower C, Evert van de Beekstraat 1, 1118 CL Schiphol, The Netherlands for parts of the data processing, in particular the creation of the device ID. Data processing (including data storage) by CRIF Bürgel GmbH as well as ThreatMetrix takes place in data centers in Germany and Europe. CRIF Bürgel acts exclusively as an order processor and according to the instructions of HOSTXLS.

With regard to the storage of pseudonymized data in an overarching data pool, ThreatMetrix acts as an autonomous entity. The data ThreatMetrix receives is encrypted with an individual key from HOSTXLS, so that ThreatMetrix has no access to transmitted clear data. All data transfers between HOSTXLS, CRIF Bürgel GmbH and ThreatMetrix are SSL-encrypted according to the state of the art.

Storage period/criteria for determining the storage period:
The data collected in the context of fraud prevention is stored for a maximum of six months for reasons of traceability, process optimization and response to customer inquiries, after which it is deleted.

4. during the contractual relationship

4.1 Contract information and invoices

We require your personal data for the execution of the contract.
We need these in particular to enable the necessary communication for a regulated process, information transfer through process communication as well as the billing of the services. In addition, this data is also used for the management of the company and the further development of the products. We have a legitimate interest to analyze the data we collect in order to improve our products and services. We protect your privacy through a range of technical and organizational measures that are appropriate in this context and respect your choices about how we use your data.

Data stored and used

• -Address
• -First and last name
• -Email address
• -Phone number
• -Company name (in case of trade)
• -address
• -Product contracts and usage
• -contract data
• -Payment data
• -Tax number
• -In case of authorization, the master data of the authorized representative

Legal basis:
The legal basis for the processing is the contractual basis.

Storage period:
We process your data until the termination of your contract. In addition, we store your contract data if there are objections and claims whose clarification is still pending. In addition, we also store your data for a longer period if there are statutory retention obligations. In this case, the processing of the data is limited to compliance with the statutory retention periods and the data is no longer processed for any purposes beyond this. The deletion of personal data takes place for a maximum of 10 years after the end of the calendar year following the termination of the contract.

4.2 Customer communication

Newsletter and product advertising

In order for you to take full advantage of all product benefits, we will send you useful and complementary product solutions by e-mail. In addition, we will inform you from time to time by telephone and e-mail about interesting new products. You can give us the legally required consent to contact you in each case when you place your order online or in the Control Center. If you no longer wish to receive such information, you can revoke your consent at any time in the Control Center or via privacypolicy@hostxls.com revoke.

Legal basis:
The legal basis for processing is your consent.

Storage period:
Your data will be deleted after fulfillment of the purpose or upon revocation of consent.

Advertising with our own similar goods and services

In addition, we regularly offer you offers of similar goods and services of our own by email. If you object to this processing, you will not incur any transmission costs according to the prime rates.

The legal basis for this processing is ou legitimate Interest. In this regard, we have a legitimate interest to use the e-mail address received from you in connection with the sale of our products for direct advertising for our own similar or identical products, unless you have objected to their use for this purpose.

4.3 Surveys and market research

In order to improve our products and services, you have the possibility to rate us via our partner “Trustpilot” of Trustpilot A/S, Pilestræde 58, 5th floor, 1112 Copenhagen, Denmark. You can submit a rating, for example, as part of a product purchase. The ratings are recorded using an integrated rating form or via a simple link. If you submit a rating via the integrated rating form, we will transmit your name, e-mail address, a reference number (usually your order number) including your rating to Trustpilot as soon as you click on the rating link. The transmission is solely for the verification of your online purchase with us to ensure that it is an authentic review. When you receive a review invitation via the simple link, you will be taken directly to the review form on Trustpilot. Alternatively, you can also rate us at any time via the Trustpilot platform. In order to submit a rating on Trustpilot, the creation of a user profile is required so that it can be published on the portal accordingly.

In the event that you have given us consent to receive “surveys” in the HOSTXLS Control Panel, we can send you a corresponding rating invitation with a link to the survey.

If you would like to learn more about how Trustpilot processes your data, you can here view the company’s privacy policy.

Legal basis:
The legal basis for data processing is the consent in the case of e-mail notification by us.

Legal basis for the transmission in the context of the integrated evaluation form is our legitimate interest, based on our legitimate interest to continuously improve our services.

Storage period:
The consent will be deleted at the latest upon termination of your contract. The storage period of the published rating is based on the specifications on Trustpilot.

a) Surveys to improve product and service quality

To improve our product and service quality, you have the opportunity to participate in HOSTXLS surveys. Participation in such surveys is voluntary. The data will only be processed for evaluation purposes and will not be used for any other purposes. The evaluation of the data is also anonymised. If the evaluation is not anonymised in individual cases, you will be informed of this in advance. In addition, depending on the type of survey, we use one of the service providers listed below.

Legal basis:
The legal basis for participation in the survey is your implied consent and our legitimate interest in a corresponding evaluation to improve our products and services.

Storage Period:
Your data will be deleted no later than 24 months after completion of the survey.

Data recipient

Talkwalker S.à r.l.
33, avenue John F. Kennedy
L-1855 Luxembourg

Survalyzer AG
Technoparkstrasse 1
CH-8005 Zurich
Switzerland

Virtuatell Limited
59 St Martin’s Lane
London
WC2N 4JS
UK

Rogator AG
Emmericher Str. 17
90411 Nuremberg
Germany

4.4 Communication in the context of your customer concerns

The satisfaction of our customers is important to us, which is why you can contact our customer support at any time. For the clarification of your concerns we need your data.
For this purpose, we process the following of your personal data:

• -contact data
• -Identification and authentication data
• -contract data
• -contents of your inquiries
• -Payment data

We store communications with you until the end of the contract term and beyond that only until open inquiries to us have been finally concluded or insofar as statutory retention obligations provide for this.

Legal basis:
The legal basis for this processing is the fulfillment of our contract with you.

Customer information:
We send you information on the function and use of your products or added contract components. In particular, we inform you about tips and tricks and the functions of your products.
The legal basis for this processing is the contract.

4.5 Troubleshooting within the scope of our contractual relationship

Traffic data includes information about the type, scope and time of use of our websites. This data identifies you or your device directly and is partly stored in your device, e.g. as log files.

Some traffic data is collected during the use of our services and products. This data enables us to quickly identify and correct any errors that occur and to continuously develop our services for you.

Storage period:
Your data will be deleted after 24 months at the latest.

Legal basis:
The legal basis for this processing is the fulfillment of the contract regarding the use for troubleshooting.

4.6 Crawling

HOSTXLS Crawler is the web crawler of HOSTXLS. Its task is to continuously crawl the Internet so that we can improve and expand our first-class hosting services. You can find more specific privacy information here

Type of data

• -HTML code
• -Page text
• -Information derived from it

Storage period:
Outdated crawled data is deleted after 60 days at the latest as part of a continuous re-crawl.

Legal basis:
The legal basis for this processing is our legitimate interest. Our interest is to gain insights into the use of publicly available domains in order to improve our products and services, offer personalized advertising and monitor the market for web hosting and domains.

4.7 Business Intelligence

Business Intelligence (BI) refers to the collection, analysis and presentation of data in electronic form for the purpose of helping executives, managers and other end users make better business decisions, as well as to meet legal reporting requirements and contractual obligations to customers. HOSTXLS also uses BI processes for these purposes. In addition to anonymized aggregates, personal data is also processed.

Type of data:

• Inventory data
• Use data
• traffic data

Storage period:
The storage period depends on the respective legal basis (see below):

• Consent: Directly personal usage data processed based on consent is deleted after 6 months.
• Compliance with contract: Data will be deleted after two years at the latest.
• Fulfillment of legal obligations: The data will be deleted at the latest after expiry of the 10-year legal retention period.
• Balancing of interests: The data will be deleted after two years at the latest.

Legal basis:
The legal bases for this processing are.

• Consent; example: processing of directly personal usage data for product and sales management purposes.
• Compliance with contract; example: filtering of customers with discontinued product with subsequent notification
• Fulfillment of legal obligations; example: reporting obligations 
• Balancing of interests; example: product and sales management. Our interest is: Provision of information about our —company and our products; Statistical evaluations for business analysis and further development of services and products, and to improve business processes.

5 Supplemental Privacy Notice for the HOSTXLS Cloud Computing Offer

5.1 Pardot MAS

Purpose and legal basis:
HOSTXLS uses the Pardot Marketing Automation System (“Pardot MAS”), a special software both for recording and evaluating the use of a website by website visitors and for sending newsletters or other promotional as well as operational e-mails.

Pardot MAS is a service of salesforce.com Germany GmbH, Erika-Mann-Str. 31-37, 80636 Munich, Germany, which belongs to Salesforce Inc (“Salesforce”), Salesforce Tower, 415 Mission Street, 3rd Floor San Francisco, CA 94105, USA. In the event that personal data is transferred to a third country, such as the USA, we have appropriate safeguards in place, such as the conclusion of standard contractual clauses with Salesforce. In addition, Binding Corporate Rules still apply with Salesforce. You can find further information here view. The sending of e-mails of an advertising nature takes place exclusively in consideration of a consent given elsewhere for an advertising contact. In this context, Pardot MAS makes it possible to track your interactions with e-mails. This includes, for example, the so-called link evaluation regarding your click behavior within an email. Pardot MAS records whether and when a link was clicked and can assign this information to the respective e-mail recipient.

In addition, Pardot MAS also enables us to track the extent to which individuals have interacted with our website, clicked on certain links and/or registered in forms. For this purpose, cookies requiring consent are requested or used (category: marketing), which in turn enable recognition of your browser. The legal basis for the processing of personal data is therefore the consent. More detailed information on the cookies used can be found on our separate cookie page.

Storage period:
If you have consented to the use of cookies, you can also withdraw your consent at any time. Existing cookies will then be deleted. You can make your settings for cookies at cookie page. There you will also find detailed information on the respective validity period of the cookie. In addition, you can deactivate the creation of pseudonymized usage profiles at any time by configuring your Internet browser so that cookies from the domain “pardot.com” are not accepted. This may lead to certain restrictions in the functions and user-friendliness of our offer.

You can revoke your consent to receive newsletters and/or mailings at any time via a link at the end of each e-mail or by sending a message to produkt@hostxls.com. Your contact data will be deleted immediately by your revocation.

5.2 MaxMind

Purpose and legal basis:
Our website uses an API of the maxmind.com site operated by MaxMind Inc. The operator of the pages is MaxMind Inc, 14 Spring Street, 3rd Floor, Waltham, MA 02451, USA.

In order to prevent fraud and to make the registration process as smooth as possible, MaxMind determines your approximate location once per visit based on the transmitted IP address. This localization is not suitable to identify you as a user and only shows us the city or county of your location. This information is not stored for future visits and is not listed in logs. You can use the website without this information, but you may have to solve so-called reCaptchas to communicate with us via contact forms.

The legal basis for the processing of personal data in connection with MaxMind is our legitimate interest. Our legitimate interest is to secure our systems against fraudulent use and to simplify the registration process.

If data is transferred to third countries on the part of HOSTXLS.com., suitable guarantees for data transfer are agreed with any processors or data controllers – in accordance with the legal requirements – or recourse is made to adequacy decisions of the EU Commission.

For more information on the handling of user data, please refer to the privacy policy of MaxMind Inc. at: Privacy Policy | MaxMind.

Storage period:
The data collected in the context of fraud prevention is stored for up to 15 months.

5.3 Registration HOSTXLS Cloud Products

In order to use the HOSTXLS Cloud products, you must register with us with a user account. In the process, we collect your personal data that you enter in the input fields (name, business email address, business address, business phone number, company, etc.). The mandatory input fields are marked accordingly. As part of the registration process, you must provide a telephone number so that you can receive a so-called “one-time code” to confirm your registration. We will contact you via this deposited phone number in order to support you in case of user activation problems. Furthermore, once the registration is completed, you may be contacted by phone by our account managers to provide you with comprehensive information during the setup of the HOSTXLS Cloud products.

To manage our customer database, we use the CRM tool from “Salesforce” of salesforce.com Germany GmbH, Erika-Mann-Str. 31-37, 80636 Munich, Germany, which belongs to Salesforce Inc (“Salesforce”), Salesforce Tower, 415 Mission Street, 3rd Floor San Francisco, CA 94105, USA. In the event that personal data is transferred to a third country, such as the USA, we have appropriate safeguards in place, such as the conclusion of standard contractual clauses with Salesforce. In addition, Binding Corporate Rules still apply with Salesforce. You can find further information here view.

Legal basis:
The legal basis for the aforementioned data processing is the performance of the contract.

The legal basis for contacting us by telephone is our legitimate interest in providing comprehensive support in the use of our products, based on your presumed interest.

Storage period:
We process your data until the termination of your contract. In addition, we store your contract data if there are objections and claims whose clarification is still pending. In addition, we also store your data for a longer period if there are legal obligations to retain data. In this case, the processing of the data is limited to compliance with the statutory retention periods and the data is no longer processed for any purposes beyond this. Personal data will be deleted a maximum of 10 years after the end of the calendar year following the termination of the contract.

5.4 Webinars

We offer you the opportunity to participate in our webinars. The webinars serve to present our products, for training purposes or other topics that may be relevant for the use of cloud products. To participate and conduct the webinar, we need your contact information, such as email address, name, company, position. After registration, you will receive a notification from us by e-mail with the dial-in data.

When conducting webinars and training, we use the “GoToWebinar” and “GoToTraining” applications of LogMeIn Ireland Unlimited Company, The Reflector, 10 Hanover Quay, Dublin 2, D02R573, Ireland (“LogMeIn”). For more information about how LogMeIn processes your data, you can here view.

Legal basis:
The legal basis for the aforementioned data processing is the contractual basis, for the implementation of the webinar.

Storage period:
We store your personal data as long as necessary for the implementation of the webinar.

6. Service-specific privacy information

Domain Check

Purpose of processing
Domain availability requests are stored and processed to improve domain proposals and the product. These requests are never used to register domains for HOSTXLS.

Categories of personal data:
The processed domain names are not related to a customer.

Domain suggestions with the help of artificial intelligence

Purpose of processing
The generation of suggestions for a domain name with the help of artificial intelligence (AI). For this purpose, the content information is transferred to an external service at the request of the interested party. The AI outputs are checked for the availability of domain names and issued as a recommendation to the interested party.

Categories of personal data
Content data

Legal basis:
Performance of a pre-/contractual measures.
Legitimate interest.

Data recipient
OpenAI  L.L.C, San Francisco , USA
https://openai.com/policies/privacy-policy

Website Design Service

Website Content Management System (CMS) & Webspace

Purpose of processing:
Operation of the platform for editing and publishing the website, as well as hosting the website.

Categories of personal data
Subscriber data, traffic data, usage data, content data.

Legal basis:
Performance of a contract.

Data recipient:
CM4all GmbH, Cologne, Germany

Design Service

Purpose of processing:
Creation and modification of the website on behalf of the customer.
Website project organization and communication with the customer.

Categories of personal data:
Subscriber data, traffic data, usage data, content data.

Legal basis:
Performance of a contract.

Storage period:
45 days after end of contract

Data recipient:
Spotzer Media Group B.V., Amsterdam, Netherlands

HOSTXLS Status Page

Purpose of processing:
Information about the availability of the various HOSTXLS services and products. Announcement of maintenance. Registration for automatic transmission of status information by mail or SMS.
 

Categories of personal data
Contact data, traffic data
 

Legal basis:
Performance of a contract, legitimate interest.

Data recipient:
Atlassian. Pty Ltd, Sydney NSW 2000, Australia https://www.atlassian.com/legal/privacy-policy

Customer Service

Purpose of processing:
Call center services for customer service product advice.

Categories of personal data
Subscriber data, content data.

Legal basis:
Performance of a contract, Legitimate Interest.

Data recipient:
Astute Ltd., Bournemouth, United Kingdom
Spotzer Media Group B.V., Amsterdam, Netherlands

7. Product-specific privacy information

Overview of data recipients

For some of our products, we rely on the expertise of specialized partner companies. This ensures that you can always expect the best performance and service at HOSTXLS. If you no longer use a product, we delete your personal data immediately in most cases.

Web hosting (including Managed Servers)

Content Delivery Network CDN

Purpose of processing:
When using the CDN, content data is stored in Cloudflare data centers to improve the loading time of the website.

Categories of personal data:
Content data, usage data.

Legal basis:
Performance of a contract.

Data recipient:
Cloudflare, San Francisco, USA
https://www.cloudflare.com/privacypolicy/

SiteLock

Purpose of processing:
Protection of the website against malware, removal of malware on the website.

Categories of personal data:
Content data, usage data.

Legal basis:
Performance of a contract.

Storage period:
SiteLock stores the customer’s web space for 30 days (grace period). Deletion of all personal data within 90 days after cleanup.

Data recipient:
SiteLock, Scottsdale, USA

Shared WordPress Hosting

Feedback function Loop

Purpose of processing
The ‘Loop’ function is offered for continuous product improvement. If the customer consents, information on the use of functions of the product is transferred and aggregated anonymously. The customer has the possibility to give suggestions for improvement and feedback.

Categories of personal data:
Content data, usage data.

Legal basis:
Consent of the customer.

Storage period:
Cyclical updating, immediate deletion if consent is revoked.

Data recipient:
HOSTXLS, Zoetermeer, Netherlands

MyWebsite

MyWebsite Now (current product generation)

Website Editor & Webspace

Purpose of processing:
Editing and publishing the website, as well as hosting the website.

Categories of personal data:
Content data, usage data.

Legal basis:
Performance of a contract.

Data recipient:
CM4all GmbH, Cologne, Germany

Route description

Purpose of processing:
Display of the location of the company / customer on a map (directions).
For this purpose, the product transmits the address data to the map provider.

Categories of personal data:
Address data, usage data.

Legal basis:
Performance of a contract.

Data recipient:
Google LLC, Mountain View, USA

Contact Form

Purpose of processing:
When using the contact form, incoming enquiries are sent to the customer by e-mail.

Categories of personal data:
Subscriber data, content data, contact data, traffic data

Legal basis:
Performance of a contract.

Storage period:
28 days for log files

Data recipient:
1&1 Mail & Media GmbH, Montabaur, Germany

Online booking tool (Mail dispatch)

Purpose of processing:
Optionally, the appointment booking APP Bookingpress can be integrated for the customer.
A HOSTXLS service is used to send emails from the app, which is the sole subject of this description.

Categories of personal data:
Content data, contact data, traffic data

Legal basis:
Performance of a contract.

Storage period:
28 days for log files

Data recipient:
1&1 Mail & Media GmbH, Montabaur, Germany

Content generator with the help of artificial intelligence

Purpose of processing:
Creation of content of an editorial nature with the help of artificial intelligence. For this purpose, the content information is transferred to an external service at the request of the customer. The service includes the creation of texts or images of all kinds, which can then be used and published in the product. The applications listed here are not exhaustive.

Categories of personal data:
Content data

Legal basis:
Performance of a contract.
Legitimate interest.
Consent.

Data recipient:
OpenAI  L.L.C, San Francisco , USA
https://openai.com/policies/privacy-policy

Website Translator

Purpose of processing:
When using Website Translator, the content of the published web page is transferred to Google Translate in order to translate it into one or more other languages and display it to the website visitor.

Categories of personal data:
Content data, usage data.

Legal basis:
Performance of a contract.

Data recipient:
Google LLC, Mountain View CA, USA

Shop

Purpose of processing:
Seamless integration of an online store into the website editor.

Categories of personal data:
Contact data, content data, usage data.

Legal basis:
Performance of a contract.

Data recipient:
Ecwid, Encinitas CA, USA

MyWebsite Creator, Shop and Essential
(Current product generation)

Website Editor

Purpose of processing:
Website editing and publishing

Categories of personal data:
Content data, usage data

Legal basis:
Performance of a contract.

Data recipient:
Duda Inc, Palo Alto, USA

Web space

Purpose of processing:
Hosting of the website

Categories of personal data:
Content data, usage data

Legal basis:
Performance of a contract.

Data recipient:
AWS – Amazon Web Services, Data Center Frankfurt, Germany
Amazon Web Services, Inc., Seattle WA, USA

Content Delivery Network CDN

Purpose of processing:
Storage of website content for site visitors in multiple data centers to improve website load time.

Categories of personal data:
Content data, usage data

Legal basis:
Performance of a contract.

Data recipient:
AWS – Amazon Web Services, data center Frankfurt, Germany
Amazon Web Services, Inc., Seattle WA, USA

Online Business Card

Purpose of processing:
Quick publication of an online business card website. You can choose what information is displayed on this website. User data is sent to Google and Facebook to retrieve publicly available information. This data serves as a starting point for the user’s online business card.

Categories of personal data:
Contact data, usage data, content data.

Legal basis:
Performance of a contract.

Data recipient:
Google LLC, Mountain View CA, USA
Facebook, Menlo Park CA, USA

Shop

Purpose of processing:
Seamless integration of an online store into the website editor.

Categories of personal data:
Contact data, content data, usage data.

Legal basis:
Performance of a contract.

Data recipient:
Ecwid, Encinitas CA, USA

Route description

Purpose of processing:
MyWebsite uses the address data to display the location of the company / customer on a map (directions). For this purpose, the product transfers the data to the map provider Mapbox. This is done when  you set up the project.

Categories of personal data:
Adsress data, usage data.

Legal basis:
Performance of a contract.

Data recipient:
Mapbox, Washington D.C., USA

Website Translator

Purpose of processing:
When using Website Translator, the content of the published web page is transferred to Google Translate in order to translate it into one or more other languages and display it to the website visitor.

Categories of personal data:
Content data, usage data.

Legal basis:
Performance of a contract.

Data recipient:
Google LLC, Mountain View CA, USA

Multi Location

Purpose of processing:
MyWebsite uses the address data to place one or more markers on a map so that the company’s / customer’s locations are displayed (directions). For this purpose, the product transfers the data to the map provider Mapbox. This is done automatically when adding the widget and with additional locations as they are added to the widget.

Categories of personal data:
Address data, content data.

Legal basis:
Performance of a contract.

Data recipient:
Mapbox, Washington D.C., USA.

Consent management

Purpose of processing:
Provision and operation of a consent management function for the website.
Website visitors can use it to give consents for processing operations and the setting of cookies, and to obtain information about the functions used and how the data is used.

Categories of personal data:
Subscriber data, traffic data, usage data.

Legal basis:
Performance of a contract.

Data recipient:
Usercentrics GmbH, Munich, Germany

MyWebsite (Earlier product generation – before Sept. 2017, version 8).

Google Maps

Purpose of processing:
MyWebsite 8 transmits the customer’s address data to Google to pre-populate Google Maps module with the correct address or sends another specified address to Google.

Categories of personal data
Address data, usage data.

Legal basis:
Performance of a contract.

Data recipient:
Google LLC, Mountain View, USA

My Data

Purpose of processing
By publishing the MyWebsite homepage, customer and other custom data in schema.org format is added to the website to support search engines and improve SEO results.

Categories of personal data:
Contact data, content data.

Legal basis:
Performance of a contract.

MyShop

Purpose of processing:
Processing, maintenance and operation of the online store.

Categories of personal data:
Contact data, content data, usage data

Legal basis:
Performance of a contract.

Storage period:
Shop data is deleted 31 days after the end of the contract.

Data recipient:
ePages, Hamburg, Germany

Domain & SSL Certificates

Domain

Purpose of the processing:
Registration, transfer, configuration, maintenance and deletion of the domain name for the customer.

Categories of personal data:
Subscriber data

Legal basis:
Performance of a contract.

Storage period:
This period varies for the different Top Level Domains (TLDs) and depends on the Registrar Accreditation Agreement (RAA) of the registry.

A dedicated overview for registry and escrow providers can be found here:
https://www.hostxls.com/terms-and-conditions/terms-registration/

SSL Certificate

Purpose of processing:
Registration, configuration, maintenance and cancellation of SSL certificates for customers. Automated processing in MyWebsite products when connecting the domain to the website project.

Categories of personal data:
Subscriber data

Legal basis:
Performance of a contract.

Data recipient:
DigiCert, Lehi UT, USA

Note
When procuring and/or maintaining SSL certificates, HOSTXLS only acts as an intermediary between the customer and the respective certificate issuer. HOSTXLS has no influence on the issuance of certificates. HOSTXLS does not guarantee that the certificates requested for the customer will be issued at all or that they will permanently exist.

Shop

HOSTXLS Shopelement / Social Buy Button
(current product generation)

Purpose of processing:
Integration of an online store to existing website or social media accounts.
Editing, maintenance and operation of online shop.

Categories of personal data:
Contact data, content data, usage data.

Legal basis:
Performance of a contract.

Data recipient:
Ecwid, Encinitas CA, USA
 

HOSTXLS MyShop

-> Please refer to the section ‘MyWebsite Creator, eCommerce and Essential’ for more information.

HOSTXLS Shop (previous product generation)

Purpose of processing:
Processing, maintenance and operation of the online store.

Categories of personal data:
Contact data, content data, usage data

Legal basis:
Performance of a contract.

Storage period:
Shop data is deleted 31 days after the end of the contract.

Data recipient:
ePages, Hamburg, Germany

Email & Office

HOSTXLS Mail Basic / Business

Purpose of processing:
Provision of e-mail services, including the creation, configuration and deletion of e-mail addresses.

Categories of personal data:
Subscriber data, content data, traffic data.

Legal basis:
Performance of a contract.

Storage period:
7 days after deletion/end of contract
28 days for log files

Data recipient:
1&1 Mail & Media GmbH, Montabaur, Germany
Open-Xchange, Cologne, Germany

Content generation and analysis with the help of artificial intelligence

Purpose of the processing:
The creation of email content, generation of suggestions for email texts (e.g. replies) and summaries of email content using artificial intelligence (AI). For this purpose, the content information is transferred to an external service at the request of the interested party.

Categories of personal data:
Content data

Legal basis:
Performance of a contract.
Legitimate interest.
Consent.

Data recipient:
OpenAI L.L.C, San Francisco , USA
https://openai.com/policies/privacy-policy

E-mail archiving

Purpose of processing:
Archiving of e-mails

Categories of personal data:
Subscriber data, content data, usage data, traffic data

Legal basis:
Performance of a contract.

Storage period:
60 days after end of contract

Data recipient:
Strato AG, Berlin, Germany

Hosted Exchange

Purpose of processing:
Provision of e-mail services, including the creation, configuration and deletion of e-mail addresses.

Categories of personal data:
Subscriber data, content data, traffic data

Legal basis:
Performance of a contract.

Storage period:
End of contract lifetime

Data recipient:
Fasthosts Internet Limited, Gloucester, England
1&1 Mail & Media GmbH, Montabaur, Germany

Microsoft Office 365

Purpose of processing:
Use of Microsoft Office 365, including creation, configuration and deletion of accounts and users.

Categories of personal data:
Subscriber data, content data, usage data.

Legal basis:
Performance of a contract.

Storage period:
User data is stored for up to 1 year after removal of the last license.

Data recipient:
Microsoft, Redmond WA, USA

OX App Suite

Purpose of processing:
Use of OX App Suite: setup, configuration and deletion of accounts and users.

Categories of personal data:
Subscriber data, usage data.

Legal basis:
Performance of a contract.

Storage period:
Up to one year after deletion of the last license.

Data recipient:
Open-Xchange, Cologne, Germany

Google Workspace | G Suite

Purpose of processing:
Use of Google Workspace | Google G Suite including setup, configuration, deletion and customer service.

Categories of personal data:
Subscriber data, traffic data.

Legal basis:
Performance of a contract.

Data recipient:
Google LLC, Mountain View CA, USA
https://workspace.google.com/intl/en/terms/subprocessors.html

https://policies.google.com/privacy

HiDrive Cloud storage & HiDrive Share

Purpose of processing:
Providing cloud storage for you and your users for worldwide access from any device at any time. Hi Drive Share: Providing the ability to share files via a share link.

Categories of personal data:
Subscriber data, content data, usage data, traffic data.

Legal basis:
Performance of a contract.

Storage period:
Up to four months after the end of the contract.
For HiDrive Share, the data is stored for 7 days.

Data recipient:
Strato AG, Berlin, Germany

Managed Nextcloud

Purpose of processing:
Provision of an online storage solution for you and your users to access it colloboratively, worldwide and at any time from different end devices.

Categories of personal data:
Subscriber data, content data, usage data, traffic data.

Legal basis:
Performance of a contract.

Storage period:
Storage period of the data according to the settings/deletions made by you.
Deletion at the latest at the end of the contract period.

MyDefender

Purpose of processing:
Provision and use of a backup.
Customer support and operation of the platform.

Categories of personal data:
Subscriber data, usage data, content data.

Legal basis:
Performance of a contract.

Storage period:
Storage period of the data according to the settings you have made.
At the latest at the end of the contract period.

Data recipient:
Acronis Germany GmbH, Landsberger Str. 110, 80339 Munich, Germany
Arsys Internet S.L.U., C/ Madre de Dios nº 21, 26004 Logroño (La Rioja), Spain

Video Chat

Purpose of processing:
Provision and operation of an online video conference with invitation function for participants.

Categories of personal data:
Content data, contact data, traffic data.

Legal basis:
Performance of a contract.

Storage period:
Traffic data is deleted after 7 days, content data and contact data are not stored.

Marketing and other products

List Local

Purpose of processing:
Publication and synchronization of company data in online directories to improve rankings in search engines. Publication of posts on social media platforms.

Categories of personal data:
Contact data, content data

Legal basis:
Performance of a contract.

Storage period:
30 days after end of contract

Data recipient:
uberall, Berlin, Germany

RankingCoach

Purpose of processing:
Optimization of your website’s search results on Google. In addition, when using the Pro version, the setup of Google Ads campaigns.

Categories of personal data:
Subscriber data, contact data, usage data.

Legal basis:
Performance of a contract.

Data recipient:
rankingCoach, Cologne, Germany

Google Ads Management Service (Search Engine Marketing)

Purpose of processing:
Setup and management of Google Ads campaigns for your website.

Categories of personal data:
Subscriber data, content data, usage data.

Legal basis:
Performance of a contract.

Storage period:
30 days

Data recipient:
Jellyfish, Warrington, England

E-mail marketing

Purpose of processing:
Creation, sending and management of newsletter campaigns.

Categories of personal data:
Contact data, content data, usage data, traffic data

Legal basis:
Performance of a contract.

Storage period:
User data is stored for up to 1 year after removal of the last license.

Data recipient:
Xqueue GmbH, Offenbach, Germany

Content generator with the help of artificial intelligence

Purpose of processing:
Creation of content of an editorial nature with the help of artificial intelligence. For this purpose, the content information is transferred to an external service at the request of the customer. The service includes the creation of texts or images of all kinds, which can then be used and published in the product. The applications listed here are not exhaustive.

Categories of personal data:
Content data

Legal basis:
Performance of a contract.
Legitimate interest.
Consent.

Data recipient:
OpenAI  L.L.C, San Francisco , USA
https://openai.com/policies/privacy-policy

Hosting Mobile App

Purpose of processing:
Mobile access to HOSTXLS Control Center.

Categories of personal data:
Subscriber data, usage data.

Legal basis:
Performance of contract.

Storage period:
Subscriber data is stored until the app is uninstalled.
12 months for usage data

Tracking
Exclusively internal statistical evaluation of app retrievals. Your IP address is anonymized and not merged with other data. The data collected in this way does not allow any conclusion to be drawn about your identity.

Data recipient:
Google LLC, Mountain View CA, USA

HOSTXLS SiteAnalytics

Purpose of processing:
Statistical evaluation and technical optimization of your website.

Categories of personal data:
Anonymized usage data.

Legal basis:
Performance of a contract.

Data recipient:
1&1 Mail & Media GmbH, Montabaur, Germany

Servers

Servers and HOSTXLS Cloud Computing

The following information applies equally to Servers (Virtual Private Server (VPS), Cloud Server, Dedicated Server and Virtual Server) and HOSTXLS Cloud Computing (HOSTXLS Cloud / IaaS, Private Cloud, S3 Object Storage and Managed Kubernets):

In the case of the above-mentioned products, the customer alone and exclusively decides which personal data are processed in which way.

Categories of personal data:
At your discretion

Storage period:
At your discretion

Legal basis:
At your discretion

Data recipient:
At your discretion

Virtual Private Server (VPS), Cloud Server, Dedicated Server, Private Cloud

Purpose of processing:
Customer support and operation of the platform

Categories of personal data:
Subscriber data, usage data, traffic data.

Legal basis:
Performance of a contract.

Data recipient:
Arsys Internet S.L.U., C/ Madre de Dios nº 21, 26004 Logroño (La Rioja), Spain

In addition, the following information applies to the use of certain (partial) functions for these products:
Virtual Private Server (VPS), Cloud Server, Dedicated Server, Virtual server, Private Cloud and Cloud Backup

Cloud Backup

Purpose of processing:
Provision and use of Cloud Backup.
Customer support and operation of the platform.

Categories of personal data:
Subscriber data, usage data, content data.

Legal basis:
Performance of a contract.

Storage period:
Storage period of the data according to the settings you have made.
At the latest at the end of the contract lifetime.

Data recipient
Acronis Germany GmbH, Landsberger Str. 110, 80339 Munich, Germany
Arsys Internet S.L.U., C/ Madre de Dios nº 21, 26004 Logroño (La Rioja), Spain

Plesk

Purpose of processing:
Provision and use of the server administration software.

Categories of personal data:
Subscribery data

Legal basis:
Performance of a contract.

Storage period:
End of contract lifetime

Data recipient:
Plesk International GmbH, Schaffhausen, CH Switzerland

Virtuozzo

Purpose of processing:
Provision and use of virtualization software for Virtual Server,
purchased before 07/2016.

Categories of personal data:
Subscriber data, content data, traffic data, usage data.

Legal basis:
Performance of a contract.

Storage period:
End of contract lifetime

Data recipient:
Virtuozzo International GmbH, Schaffhausen, CH Switzerland

8. disclosure of data to third parties

8.1 Disclosure to Group companies

HOSTXLS.com. is a company of Bewogenzorg. Alongside other subsidiaries and sister companies, we are part of Bewogenzorg BV. In order to avoid duplicates in address data and to comply with any negative data, such as those of e-mail blacklists, it has proven useful to provide customer data to companies of Bewogenzorg  in individual cases for a specific purpose and taking into account your interests worthy of protection.

The legal basis for the data transfer is our legitimate interest. We have a legitimate interest in the above-mentioned, purpose-bound cases to transfer your personal data to companies of Bewogenzorg  in individual cases and taking into account your interests worthy of protection.

In cases where a Group company acts as a processor or a joint controllership exists, the corresponding contractual arrangements will be made.

8.2 Law enforcement

In a few cases, the legislator obliges us to provide information to law enforcement authorities and courts for the purpose of law enforcement.

The legal basis for this processing is the respective legal obligation .

8.3 Service and sales partners
Our products are also marketed via various sales channels, such as customer-to-customer. For a cooperation with an intermediary, it is sometimes necessary to forward some data to intermediaries for excellent customer service. This is necessary, for example, for the transmission of commission status, allocation of commissions and reconciliation of incoming orders.
We need your data for contract initiation and execution.

The legal basis for the processing is the contractual basis.

8.4 Aklamio Program Customers Recruit Customers

Within the framework of the recommend and earn program “Customers recruit customers” we work in cooperation with Aklamio GmbH (aklamio GmbH, Hauptstraße 27-29, Haus 9 (Neubau) Aufgang N 10827 Berlin). For this purpose, we have integrated the offer of Aklamio GmbH on our website via a direct link. If you click on the link “Customers recruit customers @powered by Aklamio”, you will be redirected to the Aklamio website. During the redirection, usage data such as IP address, referrer URL may be transmitted to Aklamio. This data accrues automatically if you visit a website.

The legal basis for the data transfer is the legitimate interest.

If you decide to participate in a rewards program of Aklamio GmbH, further data will be processed by Aklamio GmbH. Aklamio is responsible for this data processing. For more information, please visit: https: //www.aklamio.com/en/community/privacy

Referred customers:
If you, as a recipient, make a purchase via the Aklamio referral link through our website, an Order ID is transmitted to Aklamio so that Aklamio can merge the purchase into a reward authorization at the recipient. The order ID is a pseudonymous date for Aklamio and does not allow any inference to you as a person.

The legal basis is the legitimate interest in the implementation of the rewards program.

Further information on other data processing on the part of Aklamio can be found at: https: //www.aklamio.com/en/community/privacy

8.5 Notifications in case of bad debts or misuse
In case of bad debts or disagreements between the contractual partners, we always try to reach an amicable agreement. If this fails, we carefully consider when and to whom payment defaults or an abusive claim are reported.

The legal basis for the processing is the contractual basis as well as our legitimate interest with regard to the transmission for the purpose of commission accounting (legitimate interest is the correct accounting of commissions).

8.6 Product partners

For some of our products, we cooperate with partner companies and in some cases also act as an agent. Here it is sometimes necessary to forward personal data to the product partners. This is the case, for example, when registering a domain or issuing an SSL certificate. The contracts required by data protection law are concluded with our product partners. We only cooperate with partners who comply with our data protection standards. If a transfer of data to third countries takes place, the legal requirements that are placed on third country transfers are ensured.
The legal basis is the fulfillment of the contract.

8.6.1 Partner Portals of the HOSTXLS Partner Programs

With the Partner Portals of the HOSTXLS Partner Programs (agency partner program, ISV partner program and consulting partner program), partners (e.g. freelancers, agencies, ISVs, consulting companies, system houses, etc.) can easily and clearly manage HOSTXLS products for their end customers and access them directly in order to perform services, such as administering a server or designing a MyWebsite. The prerequisite for using this function is the consent given in advance by the end customer. Also, partners can publish their own contact information in a freely accessible online directory in order to be found and contacted by potential end customers. HOSTXLS and the partners are independent contractual partners. The legal relationship between partner and end customer is completely independent of HOSTXLS. HOSTXLS collects, processes and uses a user’s personal data without further consent, insofar as it is necessary for the establishment and processing of the contract.

To store your data as a user of the partner portal, we use the Salesforce CRM tool from salesforce.com Germany GmbH, Erika-Mann-Str. 31-37, 80636 Munich, which belongs to Salesforce Inc (“Salesforce”), Salesforce Tower, 415 Mission Street, 3rd Floor San Francisco, CA 94105, USA. In the event that personal data is transferred to a third country, such as the USA, we have appropriate guarantees within the meaning of Article 44 GDPR in place, such as the conclusion of standard contractual clauses with Salesforce.

In addition, binding corporate rules still apply at Salesforce. You can find more information here:
https://www.salesforce.com/content/dam/web/en_us/www/documents/legal/Agreements/EU-Data-Transfer-Mechanisms-FAQ.pdf

The legal basis for processing is Art. 6 (1) lit. a, b GDPR.

9. third country transfer

We sometimes use service providers in third countries. When using the services offered as well as products and services on our website, data transfers to third countries, such as the USA, may therefore occur in individual cases. In order to protect your data within the legally defined framework, we provide – insofar as the legal requirements for this exist – appropriate guarantees.

You can find more detailed information on the subject of third country transfers in the corresponding data protection notices described above for our individual services and products.

10. storage period

As far as possible, we have informed you about the exact storage period when using our respective services or products in the individual data protection notices mentioned above.

In principle, your personal data will be retained for the duration of the fulfillment of the aforementioned purposes and then deleted. For example, your data will be stored for the duration of a contract concluded with you regarding our services or products.

In the event of an objection or revocation of your consent, the data will be deleted under the conditions for objection/revocation stated in point 11.

In addition, we may be required by law to continue to store your data. 

11. your rights as a data subject

To assert your rights, please use the contact details listed in section 1.

Right of access

You have the right to obtain information from us about the categories of data stored, the purpose of processing, the recipients of the data, the planned storage period and your rights regarding data protection. For personal data not collected directly from you, you have the right to be informed about the source of the data.

Right to rectification

If the personal data we process is inaccurate or incomplete, you have the right to have your data rectified.

Right to erasure

You have the right to request that we delete your personal data. In certain cases, however, your data cannot be deleted. For example, if your data is required for an active contract or for our accounting and statutory responsibilities.

Right to restriction of processing

You can request that we restrict the processing of your data in the following cases:

-You have disputed the accuracy of data and you want us to stop using it pending final verification

-The processing is unlawful, but you would prefer to restrict processing rather than have the data erased

-We no longer need and would otherwise delete the data, but you still need it for the assertion, exercise or defence of legal claims

-You have lodged an objection to the data processing, which is still under review

In the event of a restriction, we will ensure that the personal data cannot be further processed or changed by us. If processing has been restricted in accordance with the above conditions, the controller will inform you before lifting the restriction.

Right to data portability

You have the right to receive the personal data that you provided to us in a structured, commonly used and machine-readable format and, if necessary, to have it transferred to third parties. The right to data portability shall not apply to processing that is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Right to object

You have the right to object at any time to the processing of personal data that we process on the basis of a “legitimate interest”; this also applies to profiling based on these provisions. We will then no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms, or unless the processing serves to assert, exercise or defend legal claims. You can object to data processing for the purpose of direct advertising at any time without providing a reason. If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes. To exercise your right to object, you must submit an objection to us, the data controller. In some cases you can do this directly online (e.g. in the case of cookies) or in the HOSTXLS Control Panel (e.g. for advertising). You are also welcome to address your data protection concerns (e.g. your objection) directly to the responsible contact person at privacypolicy@hostxls.com.

Right to withdraw

You have the right to withdraw your consent to future processing (e.g. to be contacted for advertising purposes) at any time. Please send your notification of withdrawal to us at privacypolicy@hostxls.com.

If you are already a customer, you can also withdraw your consent yourself in the Control Panel.

You can withdraw your consent for cookie-based data processing at any time here.

If you would like to exercise any of the above rights, please write to us at privacypolicy@hostxls.com and we will take care of your request immediately.

Right to lodge a complaint with a supervisory authority

You also have the right to lodge a complaint with the supervisory authority responsible for data protection at any time. Here you will find the contact information for the UK Information Commissioner’s Office:

Information Commissioner’s Office
Einsteinlaan 10
2719 EP Zoetermeer
South Holland

Personal data managed by you

Our customers use our services to host, transmit or process data on our hosting platforms, which may include personal data of their own customers. In this scenario, it is our customers who stipulate the process for collecting their customers’ data. Most importantly, we do not have knowledge of or view, share or collect this specific customer data. In accordance with our Privacy Notice, it is our customers who are responsible for managing the security of their customers’ data which they upload to our platforms. Customers are responsible for encrypting data that is uploaded to our network and ensuring access to our platforms are secure. Our relationship is with our customers directly and there is no agreement in place between us and our customers’ customers.

Third Party Data Processing

In this section, End Users are defined as individuals who visit, access, use and/or interact with our Customers’ websites or email account. When an End User visits a customer website or send/receives email from a customer email address, we process Personal Data contained in server logs. Such Personal Data may include IP address and name of individual (if contained within a domain name or email address).

Internal Audit Processing

HOSTXLS.com. also processes the data to the extent necessary for its internal administrative purposes, in particular to carry out internal audits.

The legal basis for performing the internal audits is the legitimate interest of HOSTXLS.com. and its affiliated group companies in the monitoring of corporate activities by the executive body of a company pursuant to the Companies Act 2006 in conjunction with the recognised standards of the Institute of Internal Auditors (IIA).

HOSTXLS.com. is a company within the Bewogenzorg  Group, Netherlands. The performance of the internal audit tasks is assigned to Bewogenzorg BV.  Bewogenzorg  is a controller and as such is subject to the requirements of the European General Data Protection Regulation (GDPR). In principle, it processes the data in the territory of the Netherlands, in a member state of the European Union or in another state party to the Agreement on the European Economic Area and only for the purposes of the audit. The specific purpose and subject matter, type and scope of the processing and transfer of personal data, the type of personal data concerned and the group of data subjects are set out in each audit assignment, which is determined by Bewogenzorg BV in consultation with HOSTXLS.com. The results of the audits can also be shared with affiliated group companies.

Any affected person can also assert their data subject rights for processing by Bewogenzorg either against them or against HOSTXLS.com..

Additionally:

We merely process such data on your behalf, subject to our Terms and Conditions and you are responsible for any applicable legal requirements in respect of your content. Therefore, any video, image, or other content posted, uploaded or otherwise made available by you on your website, whether published or not, is not subject to our Privacy Notice.

These General Terms and Conditions apply to any offer or quotation made by Service Provider in respect of Services and form an integral part of any Agreement between Service Provider and Customer. Provisions or conditions set by the Customer which deviate from, or do not appear in, these General Terms and Conditions are only binding on Service Provider if and insofar as they have been expressly accepted In Writing by Service Provider. Capitalized terms shall have the meaning set out in the first clause.

Article 1. Definitions of terms used

In these terms and conditions, the following definitions shall apply:
Service Provider: the company Hostxls, established in Zoetermeer and registered with the Chamber of Commerce under file number 87758121 in the name of Bewogenzorg B.V. Netherlands

Service Provider Website: the website of Service Provider, accessible via the domain https://hostxls.com/
Subscription: the agreement under which one or more of the parties undertakes to perform services continuously or repeatedly for a certain period of time (e.g. a 12-month hosting contract).
Account: the right to access a user interface that allows Customer to manage and configure (certain aspects of) the Services, as well as the configuration(s) and the files stored for Customer itself.
General Terms and Conditions: the provisions contained in the present document.
Customer: the natural person or legal entity with whom Service Provider has entered into an Agreement. It also means the person who is or is negotiating with the Service Provider, as well as its representative(s), authorised representative(s), assignee(s) and heirs.
Services: the products and/or services that Service Provider will provide to Customer under an Agreement.
Materials: all works, such as websites and (web) applications, software, house styles, logos, folders, brochures, leaflets, lettering, advertisements, marketing and/or communication plans, concepts, images, texts, sketches, documentation, advice, reports and other products of the mind, as well as preparatory material thereof and files or data carriers (whether or not encoded) on which the Materials are located.
Agreement: any agreement between Service Provider and Customer under which Service Provider provides Services to Customer.
Written: in addition to paper writings, e-mail and communication by fax, provided that the identity of the sender and the integrity of the message are sufficiently established.
Increased Risk Applications: applications where an error in the Services can lead to death or serious injury, serious environmental damage or loss of (personal) data with very high consequential damage. Examples of Applications with Increased Risk are: transport systems where an error may result in trains derailing or aircraft crashing; medical systems where an error may result in a patient not receiving treatment or receiving the wrong treatment; systems on which a substantial part of the population depends for the allocation of crucial government services, such as DigiD; systems in which (a large amount of) medical data or other special data within the meaning of the General Data Protection Regulation, or otherwise very sensitive data are stored.

Article 2. Contracting

2.1 Customer can apply for the Services directly from the Service Provider Website. The Agreement arises at the time of sending the e-mail (whether or not automatically generated) from Service Provider confirming and accepting the application.
2.2 Agreements concluded are final. If Customer is a consumer, the delivery of Services with the express consent of Customer shall commence immediately after order.

Article 3. Execution of the Agreement

3.1. After the conclusion of the Agreement, Service Provider shall perform it to the best of its ability and with the application of sufficient care and skill.
3.2. Service Provider shall make efforts to achieve good quality and uninterrupted availability of Services and related systems and networks, and to achieve access to data stored by the Customer with them. However, Service Provider offers no guarantees on quality or availability, unless otherwise agreed in the offer by means of a Service Level Agreement (SLA) designated as such.
3.3. Delivery periods stated by the Service Provider are always indicative, except where the applicable SLA states periods that cannot be construed as anything other than an obligation to achieve a result.
3.4. If and to the extent required for the proper performance of the Agreement, the Service Provider has the right to have certain work performed by third parties. Any related unexpected additional costs shall be borne by Customer, unless otherwise agreed. These General Terms and Conditions also apply to work performed by third parties under the Agreement.
3.5. If so agreed, Service Provider will provide Customer with access to an Account. The Account will be accessible by entering a password and user name. Any action that takes place through the Customer’s Account or an Account created by the Customer is deemed to have taken place under the responsibility and risk of the Customer. If the Customer suspects or should reasonably suspect or know that abuse of an Account is taking place, the Customer must report this to Service Provider as soon as possible so that it can take measures.
3.6. Service Provider shall make itself available to provide a reasonable level of remote customer support by telephone and email, during regular business hours, to the extent that the applicable SLA does not provide otherwise.
3.7. All changes to the Agreement, whether at the request of Customer or as a result of any circumstances necessitating a different performance, shall be considered as additional work if they involve additional costs and to the extent that they involve less costs as less work. These will be invoiced to Customer accordingly.

Article 4. Obligations of Customer

4.1. The Customer is obliged to do everything that is reasonably necessary and desirable to enable a timely and correct performance of the Agreement. In particular, the Customer shall ensure that all information which the Service Provider indicates is necessary or which the Customer should reasonably understand is necessary for the performance of the Services is provided to the Service Provider in a timely manner. The period within which Service Provider must perform the Agreement shall not commence until all requested and required data has been received by Service Provider.
4.2. If the Customer knows or can suspect that the Service Provider will have to take certain (additional) measures to be able to meet its obligations, the Customer shall inform the Service Provider thereof immediately. This obligation applies for example if the Customer knows or should foresee that an extraordinary peak in load on the systems of Service Provider will occur, which in any probability could cause unavailability of the Services. This applies all the more if Customer knows that Services are also provided to others via the same systems that Service Provider uses to provide Services to Customer. Service Provider shall, after warning, make every effort to prevent unavailability of the Services. Unless otherwise expressly agreed in Writing, any reasonable additional costs incurred in doing so may be charged to Customer.
4.3. Under no circumstances may Customer use the Services for Increased Risk Applications.
4.4. If the Customer requires any license or other permission from government agencies or third parties for the specific use he gives or intends to give to the Services, the Customer must himself take care to obtain it. Customer warrants to Service Provider that it holds all permits and/or consents necessary for Customer’s use of the Services.

Article 5. Rules of conduct and notice/takedown

5.1. By using the Services, Customer is prohibited from violating Dutch or other laws or regulations applicable to Customer or Service Provider or from infringing the rights of others.
5.2. Service Provider is prohibited (whether lawful or not) from offering or distributing Materials using the Services that:

• are unmistakably primarily intended to assist others in violating the rights of others, such as websites containing (exclusively or primarily) hacking tools or explanations of computer crime that are apparently intended to enable the reader to commit (or cause the reader to commit) the described criminal conduct and not to be able to defend themselves against it;
• are unequivocally defamatory, libelous, offensive, racist, discriminatory or hateful;
• contain child pornography or bestiality pornography or are manifestly intended to help others find such materials;
• violate the privacy of third parties, which includes, but is not limited to, the dissemination of third parties’ personal data without permission or necessity or the repeated harassment of third parties with communications unwanted by them;
• contain hyperlinks, torrents or references with (locations of) material that unmistakably infringe copyright, related rights or portrait rights;
• contain unsolicited commercial, charitable or idealistic communications;
• contain malicious content such as viruses or spyware.

5.3. Customer shall refrain from obstructing other customers or Internet users or causing damage to systems or networks of Service Provider or other customers. The Customer is prohibited from starting up processes or programs, whether or not via the systems of Service Provider, which the Customer knows or can reasonably suspect will hinder or damage Service Provider, its customers or Internet users.
5.4. If, in the opinion of Service Provider, a nuisance, damage or other danger arises to the functioning of the computer systems or the network of Service Provider or third parties and/or to the provision of services via the Internet, in particular due to excessive sending of e-mail or other data, denial-of-service attacks, poorly secured systems or activities of viruses, Trojans and similar software, Service Provider shall be entitled to take all measures that it reasonably considers necessary to avert or prevent this danger. Service Provider may recover the costs reasonably necessary associated with these measures from Customer, if Customer can be blamed for the cause.
5.5. If Service Provider receives a complaint about breach of this clause by Customer, or itself observes that this appears to be the case, Service Provider shall notify Customer of the complaint or breach as soon as possible. Customer will respond as soon as possible, after which Service Provider will decide how to proceed.
5.6. If Service Provider is of the opinion that there is a violation, it will block access to the Material concerned, but without permanently removing this Material (unless this appears to be technically impossible, in which case Service Provider will make a backup). Service Provider shall endeavor not to touch any other Materials in the process. Service Provider will inform Customer of any measures taken as soon as possible.
5.7. Service Provider shall at all times be entitled to report detected criminal offenses.
5.8. Although Service Provider shall endeavor to act as reasonably, carefully and adequately as possible following complaints about Customer, Service Provider shall never be obliged to compensate for damages resulting from measures referred to in this article.
5.9. The Customer is permitted to resell the Services, but only in combination with or as part of the Customer’s own products or services and without disclosing the name of Service Provider as a supplier or subcontractor. Customer shall indemnify Service Provider against all claims by its customers. Service Provider may also take full action in the event of violations of these General Terms and Conditions by those customers.

Article 6. Application for domain names

6.1.Application, assignment and possible use of a domain name depend on and are subject to the applicable rules and procedures of the relevant registering authorities, such as the Stichting Internet Domeinregistratie Nederland in the case of .nl domain names. The relevant authority decides on the allocation of a domain name.Service Provider only plays a mediating role in the application and gives no guarantee that an application will also be honored.
6.2. The Customer can only learn the fact of registration from the Service Provider’s confirmation, which states that the requested domain name has been registered. An invoice for registration fees is not confirmation of registration.
6.3. The Customer shall indemnify and hold Service Provider harmless for all losses related to (the use of) a domain name on behalf of or by the Customer. Service Provider is not liable for the loss by Customer of his/her right(s) to a domain name or for the fact that the domain name is applied for and/or obtained by a third party in the interim, except in the case of intent or deliberate recklessness on the part of Service Provider.
6.4. Customer shall comply with the rules set by registering authorities for application, assignment or use of a domain name.Service Provider shall refer to these rules during the registration procedure.
6.5. The Service Provider has the right to make the domain name inaccessible or unusable, or to transfer it to its own name (or have it transferred) if the Customer demonstrably fails to comply with the Agreement, but only for the period that the Customer is in default and only after the expiry of a reasonable period for compliance set out in a written notice of default.
6.6.In the event of dissolution of the Agreement for breach of contract by the Customer, the Service Provider is entitled to terminate a domain name of the Customer on two months’ notice.

Article 7. Storage and data limits.

7.1. Service Provider may set a maximum amount of storage space or data traffic per month that Customer may or can actually use under the Services.
7.2.Should the Customer exceed the applicable limits, Service Provider may, after sending at least one warning message to the Customer regarding the excess, unilaterally convert the Customer’s Subscription to a Subscription that does accommodate the storage and data traffic.7.3.No liability exists for consequences of not being able to send, receive, store or change data if an agreed limit for storage space or data traffic is exceeded.

Article 8. Intellectual property rights.

8.1. All intellectual property rights in all Materials developed or made available by Service Provider under the Agreement are vested exclusively in Service Provider or its licensors.
8.2. The Customer shall only acquire the rights of use and powers expressly granted in these Terms and Conditions, the Agreement or otherwise in Writing and the Customer shall not otherwise reproduce or disclose these Materials.The foregoing shall be an exception if Customer has unmistakably failed to expressly grant such a right by mistake. Delivery of source code of Materials is, however, at all times only mandatory if explicitly agreed.
8.3. Unless otherwise agreed in writing, the Customer is not permitted to remove or alter any indication concerning copyrights, trademarks, trade names or other intellectual property rights from these Materials, including indications concerning the confidential nature and secrecy of the Materials.
8.4. Service Provider is permitted to take technical measures to protect its Materials.If Service Provider has secured these Materials by means of technical protection, the Customer is not permitted to remove or evade such protection, except if and insofar as mandatory law provides otherwise.

Article 9. Prices

9.1. Unless explicitly stated otherwise with an amount, and unless it concerns a consumer customer, all prices quoted by Service Provider are exclusive of sales tax and other levies imposed by the government.
9.2. If a price is based on information provided by the Customer and such information turns out to be incorrect, the Service Provider shall be entitled to adjust the prices accordingly, even after the Agreement has been concluded.
9.3.If the Agreement concerns a Subscription, Service Provider is entitled to adjust the rates used at any time to inflation, as determined by the relevant price index of the CBS.9.4.Price changes are subject to the same conditions and procedures as changes to the Services and to these General Terms and Conditions.

Article 10.Terms of Payment

10.1. Service Provider shall invoice the amounts due by Customer to Customer.Service Provider may issue electronic invoices for this purpose. Service Provider has the right to charge periodically due amounts prior to the delivery of the Services.
10.2. The payment term of an invoice is the term indicated on the invoice, unless otherwise agreed in Writing.
10.3. If Customer has not paid in full after 14 days after the payment term, he is automatically in default without notice of default being required.
10.4. If Customer is in default, this shall have the following consequences:

• Legal interest is due on the outstanding amount;
• Customer owes € 7.50 in administrative costs for each reminder and reminder;
• Customer shall, in addition to the amount due and the interest accrued thereon, be obliged to pay in full both extrajudicial and judicial collection costs, including the costs for lawyers, jurists, bailiffs and collection agencies;- the websites and other Materials hosted for Customer may be rendered inaccessible until the outstanding amounts, interest and the like have been paid.
  10.5.Unless Customer is a consumer, recourse by Customer to suspension, set-off or deduction is not permitted.
  10.6. In the event that Customer fails to fulfill any obligation under the Agreement, Service Provider is entitled, without any notice of default, to take back goods delivered in addition to suspension of Services, without prejudice to Service Provider’s right to compensation for damages, lost profits and interest.

Article 11. Liability

11.1. Service Provider is not liable in the context of the formation or performance of the Agreement except in the cases mentioned below, and up to the limits specified therein. However, in cases where the compensation scheme in the SLA, which constitutes a penalty clause, is applicable, the payment thereunder shall take the place of compensation for the actual damage that may arise as a result of breach of the standards in the SLA.
11.2. The total liability of Service Provider for damages suffered by Customer as a result of an attributable failure by Service Provider to perform its obligations under the Agreement, expressly including any failure to perform a warranty obligation agreed with Customer, or by an unlawful act of Service Provider,
its employees or third parties engaged by it, is limited per event or a series of related events to an amount equal to the total fees (excluding VAT) that the Customer will owe under the Agreement, or, if the Agreement has a duration of more than six (6) months, an amount equal to the fees paid by the Customer in the last six (6) months. In no case, however, shall the total compensation for direct damages exceed ten thousand (10,000) euros (excluding VAT).
11.3. Service Provider is explicitly not liable for indirect damages, consequential damages, lost profits, missed savings and damages due to business interruption.
11.4. The liability of Service Provider due to attributable failure in the performance of the Agreement shall only arise if the Customer gives Service Provider immediate and proper notice of default in writing, setting a reasonable time to remedy the failure, and Service Provider continues to fail imputably in the performance of its obligations even after such time.The notice of default must contain as detailed a description as possible of the failure, so that the Service Provider is able to respond adequately.The notice of default must be received by Service Provider within 30 days after the discovery of the damage.
11.5. The exclusions and limitations referred to in this clause shall lapse if and insofar as the damage is the result of intent or deliberate recklessness on the part of the Service Provider’s management.
11.6. The Customer is liable to Service Provider for damage caused by a fault or failure attributable to him.The Customer indemnifies Service Provider against claims relating to failure to comply with the rules of conduct in these General Terms and Conditions when using the Services by or with the consent of the Customer. This indemnification also applies with respect to persons who, although not employees of the Customer, nevertheless used the Services under the responsibility or with the consent of the Customer.

Article 12. Force majeure

12.1. Neither of the parties can be held to fulfill any obligation if a circumstance beyond the control of the parties, which could not or should not already have been foreseen at the conclusion of the Contract, nullifies any reasonable possibility of fulfillment.
12.2. Force majeure includes (but is not limited to):

• failures of public infrastructure that is normally available to Service Provider, and on which the provision of the Services depends, but over which Service Provider cannot exercise any actual power or contractual performance obligation, such as the operation of the registries of IANA, RIPE or SIDN, and all networks in the Internet that Service Provider has not contracted with;
• failures in infrastructure and/or Services of Service Provider caused by computer crime, for example (D)DOS attacks or successful or unsuccessful attempts to bypass network security or system security;
• failures of Service Provider’s suppliers that Service Provider could not foresee and for which Service Provider cannot hold its supplier liable, for example because the supplier in question was (also) subject to force majeure; strikes; wars; terrorist attacks and civil commotion.

12.3. If a force majeure situation lasts longer than three months, each of the parties has the right to dissolve the Agreement In Writing. What has already been performed under the Agreement shall in that case be settled proportionately, without the parties owing each other anything else.

Article 13. Secrecy

13.1. The parties will treat information that they provide to each other before, during or after the performance of the Agreement confidentially if this information is marked as confidential or if the receiving party knows or should reasonably suspect that the information was intended to be confidential.The parties shall also impose this obligation on their employees as well as third parties engaged by them for the performance of the Agreement.
13.2.Service Provider will not take cognizance of data that Customer stores and/or distributes through Service Provider’s systems, unless this is necessary for proper performance of the Agreement or Service Provider is required to do so under a statutory provision or court order.In that case, Service Provider will make every effort to limit knowledge of the data as much as possible, to the extent this is within its power.
13.3. The obligation of confidentiality shall continue even after termination of the Agreement for whatever reason, and for as long as the providing party can reasonably claim the confidentiality of the information.

Article 14. Duration and termination

14.1. The duration of the Agreement is that period of time necessary to provide the Services. If the Agreement is a Subscription, it is entered into for a term of one year.
14.2. If a fixed term has been agreed for the Subscription, neither party may unilaterally terminate the Agreement before the term has expired, except where a special ground for termination applies, as more fully described below. Either party may terminate an Agreement entered into for an indefinite term, subject to 14 days’ notice.
14.3. In the absence of timely notice of termination, a Subscription will be converted to one for an indefinite term after the expiration of the first contract term. Notice of termination can be given at any time with a notice period of one month.
14.4. Service Provider may immediately suspend or terminate the Agreement in Writing if at least one of the following special grounds applies:
(a) Customer is in default with respect to a material obligation;
(b) Customer’s bankruptcy has been filed;
(c) Customer has filed for suspension of payments;
d) Customer’s business is terminated or liquidated.
14.5.If Service Provider suspends performance of its obligations, it retains its claims under the law and the Agreement, including the claim to payment for the Services that have been suspended.
14.6. If the Agreement is terminated or dissolved, Service Provider’s claims against Customer are immediately due and payable.In case of dissolution of the Agreement, amounts already invoiced for services rendered shall remain due, without any obligation to undo them. In the event of dissolution by Customer, Customer may only dissolve that part of the Agreement which has not yet been performed by Service Provider.If the dissolution is attributable to Customer, Service Provider is entitled to compensation for the damage caused directly and indirectly as a result.
14.7.The right to suspension in the above cases applies to all Agreements concluded with the Customer simultaneously, even if the Customer is only in default with respect to one Agreement, and without prejudice to the Service Provider’s right to compensation for damages, lost profits and interest.

Article 15. Procedure after termination

15.1. After termination of the Agreement, as a result of termination or dissolution, Service Provider may immediately terminate the Customer’s Account and Service Provider shall delete the data stored for the Customer as soon as possible. Service Provider is not obliged to provide Customer with a copy of such data in that case.
15.2. Deletion of data stored for Customer is always done without special precautions to make the deletion irreversible. This means, for example, pressing ‘delete’ in a (standard) operating system.

Article 16. Ranking and modification of terms and conditions

16.1 Service Provider reserves the right to modify or supplement the Services and these General Terms and Conditions. Amendments shall also apply in respect of Agreements already concluded subject to a period of 30 days after notification of the amendment.
16.2. Changes shall be announced by e-mail to Customer, or another channel of which Service Provider can prove that the announcement has reached Customer. Non-substantive changes of minor importance may be made at any time and do not require notice.
16.3. If the Customer does not wish to accept a change, the Customer must notify the Service Provider in Writing, giving reasons, within two weeks of notification. Service Provider may then reconsider the change. If Service Provider does not subsequently withdraw the amendment, the Customer may terminate the Agreement by this date until the date on which the new terms become effective.
16.4. Provisions relating to specific Services, if applicable, take precedence over general provisions relating to all Services. Further agreements between Service Provider and Customer only prevail over these General Terms and Conditions if they are In Writing and if that is expressly stipulated, or was unmistakably the intention of both parties.

Article 17. Other provisions

17.1. The Agreement is governed by Dutch law.
17.2. Insofar as rules of mandatory law do not prescribe otherwise, all disputes that may arise in connection with the Agreement will be submitted to the competent Dutch court for the district in which Service Provider has its registered office.
17.3. If any provision of the Agreement turns out to be void, this will not affect the validity of the entire Agreement. The parties will in that case adopt (a) new provision(s) to replace it, which as far as is legally possible will give shape to the intention of the original Agreement and General Terms and Conditions.
17.4. Information and communications, including price indications, on the Service Provider Website are subject to programming and typing errors. In the event of any inconsistency between the Website and the Agreement, the Agreement shall prevail.
17.5. Service Provider’s log files and other records, electronic or otherwise, constitute full proof of Service Provider’s statements and the version of any (electronic) communication received or stored by Service Provider shall be deemed authentic, subject to evidence to the contrary to be provided by the Customer.
17.6. The parties shall always promptly notify each other In Writing of any changes in name, postal address, email address, telephone number and, if requested, bank or giro account number.
17.7. Each Party shall only be entitled to assign its rights and obligations under the Agreement to a third party with the prior Written consent of the other Party.However, such consent is not required in the case of a corporate takeover or acquisition of the majority of the shares of the party concerned.