Terms of Service Agreement

Terms of Service Agreement

1. Introduction

This Terms of Service Agreement ("Agreement") is a legal agreement between you ("Customer", "you", or "your") and Hosting-Lads ("Hosting-Lads", "we", "us", or "our"), governing your use of the Hosting-Lads services, which include Virtual Private Server (VPS) Hosting, Web Hosting, Infrastructure as a Service (IaaS), SSL Certificates, Domain Registration and Domain Transfers, Nord VPN reselling, and other digital services (collectively, the "Services").

By accessing, purchasing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement. If you do not agree to these terms, you must not access or use our Services.

2. Account Registration

To use our Services, you must create an account with Hosting-Lads. You agree to provide accurate, current, and complete information during registration and to update your information as necessary. You are responsible for maintaining the confidentiality of your account credentials and are fully responsible for all activities that occur under your account. Hosting-Lads is not liable for any loss or damage arising from your failure to comply with these requirements.

3. Service Usage

You agree to use our Services for lawful purposes only and in accordance with all applicable laws and regulations. You are prohibited from using our Services for any illegal, harmful, or offensive activities, including but not limited to:

a. Engaging in any form of spamming, phishing, or unsolicited email distribution. b. Promoting, distributing, or engaging in illegal activities, such as copyright infringement, fraud, or hacking. c. Transmitting, uploading, or distributing any material that is threatening, abusive, defamatory, obscene, or otherwise objectionable.

Hosting-Lads reserves the right, in its sole discretion, to suspend or terminate your access to our Services without prior notice and without refund if we determine, in our sole judgment, that you have engaged in any prohibited activities.

4. Termination and Suspension

Hosting-Lads may, in its sole discretion, suspend or terminate your access to our Services for any reason, including but not limited to:

a. Breach of any term or condition of this Agreement. b. Non-payment of fees or charges. c. Violation of any applicable law or regulation. d. Engagement in prohibited activities as described in Section 3.

In the event of suspension or termination, you will not be entitled to any refunds, credits, or compensation for any unused Services.

5. Fees and Payments

You agree to pay all applicable fees for the Services you purchase from Hosting-Lads. All fees are non-refundable, except as expressly provided in this Agreement. Hosting-Lads reserves the right to change its pricing and payment terms at any time. Any changes will be effective upon posting on our website or by direct communication with you.

6. No Warranty

Hosting-Lads provides the Services "as is" and "as available" without any warranty of any kind, either express or implied. We do not warrant that our Services will be uninterrupted, error-free, or completely secure.

7. Limitation of Liability

In no event shall Hosting-Lads be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to lost profits, loss of data, or loss of goodwill, arising out of or in connection with your use of our Services, even if we have been advised of the possibility of such damages.

8. Indemnification

You agree to indemnify, defend, and hold harmless Hosting-Lads, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of our Services, your violation of this Agreement, or your infringement of any intellectual property or other rights of any third party.

9. Modifications to the Agreement

Hosting-Lads reserves the right to modify this Agreement at any time. Any changes will be effective upon posting on our website or by direct communication with you. Your continued use of our Services after any such modification constitutes your acceptance of the modified Agreement.

10. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which Hosting-Lads is located, without regard to its conflict of law provisions. Any disputes arising out of or relating to this Agreement or the Services shall be subject to the exclusive jurisdiction of the courts of that jurisdiction.

11. Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect.

12. Entire Agreement

This Agreement constitutes the entire understanding and agreement between you and Hosting-Lads concerning the subject matter hereof and supersedes all prior and contemporaneous agreements, whether oral or written, between the parties relating thereto.

13. Contact Information

If you have any questions, concerns, or notices regarding this Agreement or our Services, please contact us at:

Hosting-Lads Str. Corvinilor 6, Bucharest, Romania , email : office@hosting-lads.com , +40 314 336 296

14. GDPR Compliance

Hosting-Lads is committed to protecting the privacy and security of personal data. If you are located in the European Union or if your use of our Services involves the processing of personal data of EU citizens, you agree to comply with the General Data Protection Regulation (GDPR) and any other applicable data protection laws and regulations.

In providing our Services, Hosting-Lads may act as a data processor on behalf of our customers. As a data processor, we will process personal data in accordance with the GDPR, our Privacy Policy, and any other applicable data protection laws.

As a data controller, you are responsible for ensuring that your use of our Services complies with the GDPR, including but not limited to:

a. Obtaining appropriate consents from data subjects for the processing of their personal data. b. Implementing appropriate security measures to protect personal data from unauthorized access, disclosure, alteration, or destruction. c. Providing data subjects with access to their personal data and the ability to correct, delete, or restrict the processing of their personal data, as required by the GDPR.

For more information about Hosting-Lads' data processing practices and GDPR compliance, please refer to our Privacy Policy.

15. Note that this section assumes you have a Privacy Policy in place. If you don't already have one, it is important to create a Privacy Policy that outlines how your company collects, uses, and shares personal data, and describes the rights and choices available to individuals under the GDPR and other applicable data protection laws. Data Breach Notification

In the event of a personal data breach involving the Services, Hosting-Lads will promptly notify you, as the data controller, without undue delay after becoming aware of the breach. We will provide you with sufficient information to allow you to meet any obligations to report the breach to the relevant supervisory authority and/or inform affected individuals, as required under the GDPR or other applicable data protection laws.

As a data controller, you are responsible for reporting the personal data breach to the appropriate supervisory authority and informing affected individuals, as required by the GDPR and other applicable data protection laws.

16. Data Retention and Deletion

Hosting-Lads will retain your personal data only for as long as necessary to provide you with the Services, or as required by applicable laws and regulations. Upon termination of your account or upon your request, we will delete or anonymize your personal data in accordance with our data retention policy, unless we are legally required to retain certain data for a longer period.

17. Third-Party Services

Our Services may integrate with or enable access to third-party services, products, or applications. These third-party services are not under our control, and we are not responsible for their privacy practices, security measures, or compliance with the GDPR or other applicable data protection laws. You are responsible for reviewing the privacy policies and terms of service of any third-party services you use in connection with our Services to ensure compliance with the GDPR and other applicable data protection laws.

18. International Data Transfers

Hosting-Lads may process personal data in countries outside the European Union, which may have different data protection laws than those in your country. By using our Services, you consent to the transfer, storage, and processing of your personal data in countries outside the European Union. Hosting-Lads will take appropriate measures to ensure that your personal data is protected in accordance with the GDPR and other applicable data protection laws when it is transferred to or processed in other countries.

19. Changes to This Section

Hosting-Lads reserves the right to modify this GDPR compliance section of the Agreement at any time. Any changes will be effective upon posting on our website or by direct communication with you. Your continued use of our Services after any such modification constitutes your acceptance of the modified terms related to GDPR compliance.

20. By including these sections in your Terms of Service Agreement, you can help ensure that both you and your customers are aware of your respective responsibilities under the GDPR and other applicable data protection laws. This can help foster trust and transparency between you and your customers and demonstrate your commitment to protecting their personal data. Intellectual Property Rights

All content, materials, and intellectual property rights associated with the Services, including but not limited to trademarks, trade names, logos, domain names, software, databases, and any other proprietary information, are the property of Hosting-Lads or its licensors. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services, strictly in accordance with this Agreement.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services or any content or materials provided by Hosting-Lads, except as expressly allowed under this Agreement. You may not reverse-engineer, decompile, disassemble, modify, or create derivative works based on the Services or any part thereof, without the prior written consent of Hosting-Lads.

21. Force Majeure

Hosting-Lads shall not be liable for any failure or delay in the performance of its obligations under this Agreement due to events beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, labor disputes, natural disasters, or disruptions in telecommunications, power, or other essential services.

22. Notices

All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been duly given when delivered by email to the email address provided by you during account registration, or to the email address provided by us on our website or in other official communications.

23. Waiver

No failure or delay by Hosting-Lads in exercising any right, power, or remedy under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, or remedy.

24. Assignment

You may not assign or transfer your rights or obligations under this Agreement without the prior written consent of Hosting-Lads. Hosting-Lads may assign or transfer its rights and obligations under this Agreement without your consent, provided that such assignment or transfer does not materially affect your rights under this Agreement.

25. Relationship of the Parties

Nothing in this Agreement shall be construed to create a partnership, joint venture, agency, or employment relationship between you and Hosting-Lads. You agree that you have no authority to bind Hosting-Lads in any manner whatsoever and that you are solely responsible for your actions and liabilities in connection with your use of the Services.

26. By including these additional sections in your Terms of Service Agreement, you can help ensure that your agreement comprehensively covers various aspects of your service, further protecting your business and setting clear expectations for your customers. Confidentiality

Both parties acknowledge that they may have access to certain confidential information of the other party in connection with the Services. Confidential information includes, but is not limited to, any non-public information related to business plans, marketing strategies, pricing, customer lists, and trade secrets. Each party agrees to maintain the confidentiality of the other party's confidential information and not to disclose or use it for any purpose other than as necessary to perform its obligations under this Agreement, unless required by law or with the prior written consent of the disclosing party.

27. Dispute Resolution

In the event of any dispute arising out of or in connection with this Agreement or the Services, the parties shall first attempt to resolve the dispute through good faith negotiations. If the dispute cannot be resolved through negotiations, the parties agree to submit the dispute to binding arbitration under the rules of the relevant arbitration institution in the jurisdiction of Hosting-Lads. The decision of the arbitrator shall be final and binding on both parties, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

28. Survival

The provisions of this Agreement relating to intellectual property rights, indemnification, limitation of liability, confidentiality, and any other provisions that by their nature should survive the termination of this Agreement, shall survive the termination of this Agreement for any reason.

29. Headings

The headings used in this Agreement are for convenience only and shall not be used to limit or construe the contents of any section of this Agreement.

30. Entire Agreement

This Agreement, together with any documents referenced herein, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, and representations, whether oral or written, between the parties relating to the subject matter hereof. This Agreement may only be amended or modified by a written document signed by both parties.

31. By including these sections in your Terms of Service Agreement, you will have a comprehensive and well-rounded agreement that addresses various aspects of your service and sets clear expectations for your customers, ultimately protecting your business and maintaining a transparent relationship with your users. Interpretation

In this Agreement, unless the context otherwise requires:

a. Words in the singular include the plural and vice versa, and words in one gender include all genders. b. Any reference to a statute, regulation, or other legislation includes all amendments, replacements, or modifications thereof. c. The words "include", "includes", and "including" are to be construed without limitation. d. Any reference to a person includes an individual, partnership, corporation, trust, association, joint venture, unincorporated organization, or any other legal or commercial entity. e. Any obligation not to do something includes an obligation not to suffer, permit, or cause that thing to be done.

32. Electronic Communications

You consent to receive electronic communications from Hosting-Lads, including but not limited to emails, notifications, and other messages. These electronic communications may include information about your account, the Services, and other updates or promotions. You agree that any electronic communication from Hosting-Lads satisfies any legal requirement that such communication be in writing.

33. Customer Support

Hosting-Lads provides customer support for the Services through various channels, including email, live chat, and knowledge base articles. You agree to seek assistance from Hosting-Lads' customer support team in a respectful and professional manner. We reserve the right to limit or terminate our support services for any user who engages in abusive, harassing, or otherwise inappropriate behavior.

34. Compliance with Laws

You represent and warrant that your use of the Services will comply with all applicable laws and regulations, including but not limited to data protection, privacy, and export control laws. You are solely responsible for determining the legal requirements applicable to your use of the Services and ensuring that you comply with such requirements.

35. No Third-Party Beneficiaries

This Agreement is for the benefit of, and binding upon, the parties hereto and their respective successors and permitted assigns. Nothing in this Agreement, express or implied, is intended to confer upon any other person or entity any rights, remedies, obligations, or liabilities under or by reason of this Agreement.

36. By incorporating these additional sections into your Terms of Service Agreement, you can help ensure that the agreement is thorough and addresses various aspects of your service. This protects your business and sets clear expectations for your customers, fostering a transparent and mutually beneficial relationship between you and your users. Language

This Agreement is written in English. Any translation of this Agreement is provided for convenience only, and in the event of any conflict or inconsistency between the English version and any translated version, the English version shall prevail.

37. Waiver of Class Actions

To the maximum extent permitted by applicable law, you agree that any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class, consolidated, or representative action. You further agree to waive any right to a jury trial or to participate in a class action or class arbitration related to your use of the Services or this Agreement.

38. Independent Contractors

You and Hosting-Lads are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by this Agreement.

39. Rights and Remedies

The rights and remedies provided under this Agreement are cumulative and are in addition to, and not in substitution for, any other rights or remedies available at law, in equity, or otherwise. The exercise of any right or remedy under this Agreement shall not preclude the concurrent or subsequent exercise of any other right or remedy.

40. Equitable Relief

You acknowledge and agree that your breach or threatened breach of this Agreement may cause Hosting-Lads irreparable harm for which monetary damages may not be an adequate remedy. In such cases, in addition to any other remedies that may be available to Hosting-Lads, Hosting-Lads shall be entitled to seek injunctive or other equitable relief to prevent or restrain such breach or threatened breach.

Incorporating these additional sections into your Terms of Service Agreement can help ensure the agreement is comprehensive and addresses a wide range of aspects related to your service. This protects your business, sets clear expectations for your customers, and fosters a transparent and mutually beneficial relationship between you and your users.

41. Acceptable Use Policy

By using our Services, you agree to comply with our Acceptable Use Policy, which outlines the acceptable and prohibited uses of our Services. The Acceptable Use Policy is incorporated into this Agreement by reference and can be found on our website. We reserve the right to suspend or terminate your account without notice or refund if we determine, in our sole discretion, that you have violated our Acceptable Use Policy.

42. DMCA Notice Policy

Hosting-Lads complies with the Digital Millennium Copyright Act (DMCA) and will respond to legitimate notices of copyright infringement. If you believe that your copyrighted material has been posted or stored on our Services without authorization, you may submit a DMCA notice to our designated agent as specified on our website. Users who repeatedly violate the DMCA policy may have their accounts terminated.

43. Resource Usage

Users are expected to use the resources provided by our Services responsibly and within the limits and restrictions of their hosting plan. We reserve the right to suspend or terminate accounts that exceed resource usage limits, as determined in our sole discretion, to maintain the stability and performance of our Services for all users. Specific resource usage limitations, if applicable, will be outlined in your hosting plan details.

44. Backups

While Hosting-Lads may provide or recommend backup solutions for user data, you are ultimately responsible for maintaining your own backups. We are not liable for any loss of data or damages resulting from the failure to maintain adequate backups. You agree to maintain backups of your data and not to rely solely on any backups provided by our Services.

45. Service Level Agreement (SLA)

Our Service Level Agreement (SLA) outlines our uptime guarantees, response times for support requests, and any compensation or remedies available to users in the event of downtime or service failures. The SLA is incorporated into this Agreement by reference and can be found on our website. By using our Services, you agree to the terms of our SLA.

46. Privacy Policy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, store, and share your personal information. The Privacy Policy is incorporated into this Agreement by reference and can be found on our website. By using our Services, you agree to the terms of our Privacy Policy and consent to the processing of your personal information in accordance with the Privacy Policy.