Introduction
- This Terms and Conditions Agreement ("Agreement") governs your use of VLAD-IOAN ALEXANDRU trading as FREAKHOSTING's hosting services ("Services"), including Domain Registrations, Web Hosting, Game Servers, Virtual Private Servers (VPS), and Dedicated Servers.
- By accessing or using our Services, you agree to be bound by this Agreement and all policies referenced herein, including our Privacy Policy, Cookie Policy, Acceptable Use Policy, and Service Level Agreement (SLA).
- If you do not agree with any of these terms, you must refrain from using our Services.
Definitions
- "Services": All products and services provided by FREAKHOSTING. These include domain registration, shared hosting, cloud hosting, Virtual Private Servers (VPS), dedicated servers, game servers, email services, and any additional offerings provided directly or in partnership with third parties.
- "Customer": The individual, company, or entity that uses our Services. The Customer is responsible for complying with these terms and any related policies.
- "Downtime": Any period during which the Services are unavailable for use, excluding periods of scheduled maintenance or events beyond our control such as force majeure events. Downtime is measured continuously and is used in determining performance metrics.
- "Billing Cycle": The recurring period during which service fees are assessed and charged. Billing cycles may be monthly, quarterly, semi-annually, annually, or biennially, as selected by the Customer.
- "Agreement": This document along with any additional policies or agreements referenced herein that together form the entire understanding between the Customer and FREAKHOSTING regarding the use of the Services.
- "Service Level Agreement (SLA)": A separate document outlining performance benchmarks, uptime guarantees, and remedies in the event that the performance standards are not met. The SLA forms an integral part of this Agreement.
- "Scheduled Maintenance": Periodic downtime required to perform system updates, enhancements, or security improvements. Customers will be notified in advance of scheduled maintenance and any associated interruptions in service.
- "Force Majeure": Events that are beyond the control of FREAKHOSTING, including natural disasters, acts of war, terrorism, governmental actions, or large scale network attacks, which may affect the delivery of Services.
- "Trial Period": A limited period during which new customers may evaluate certain services at no cost. After the trial period, continued access to the service requires payment of applicable fees.
- "Refund": A repayment of fees under specific conditions as detailed in the Refunds, Cancellations, and Chargebacks section of this Agreement.
- "Bandwidth": The volume of data transmitted to and from a Customer's hosting environment. Bandwidth usage may be subject to limitations as specified in the Customer's service plan.
Acceptance of Terms
- Consent to Agreement: By accessing or using our Services, you confirm that you have read, understood, and agree to be bound by this Agreement and all incorporated policies and guidelines.
- Electronic Acceptance: Your use of our Services constitutes your electronic acceptance of these terms. In cases where a printed or downloadable version is provided, the electronic version shall remain the binding document.
- Modifications to Terms: FREAKHOSTING reserves the right to modify or update these terms from time to time to reflect changes in our services, legal requirements, or industry standards. We will notify you of any material changes on our website or via your registered email address. Continued use of our Services after such modifications indicates your acceptance of the revised terms.
- Incorporation of Related Policies: This Agreement includes and is supplemented by our Privacy Policy, Cookie Policy, Acceptable Use Policy, and Service Level Agreement. It is your responsibility to review these policies as they form an integral part of the terms governing your use of our Services.
- Dispute Resolution: By accepting these terms, you agree that any disputes arising from your use of our Services will be resolved through binding arbitration, except where prohibited by applicable law.
Service Description and Scope
- Overview: FREAKHOSTING offers a comprehensive suite of hosting solutions, including domain registrations, shared web hosting, cloud hosting, game servers, Virtual Private Servers (VPS), and dedicated server environments. These solutions are designed to meet the diverse needs of individuals, small businesses, and large enterprises.
- Service Specifications and Performance Standards: Our services are delivered on an "as is" and "as available" basis. We adhere to industry standards by providing high-performance infrastructure that is backed by state-of-the-art data centers, redundant power supplies, and advanced network architectures. We commit to a minimum uptime guarantee of 99.5% over any rolling 30-day period, subject to scheduled maintenance and force majeure events.
- Maintenance and Scheduled Downtime: To ensure optimal performance and security, routine maintenance is conducted regularly. Customers will receive advance notifications regarding any scheduled maintenance that may impact service availability. In emergency situations, unscheduled maintenance may be necessary to promptly address critical issues, and every effort is made to minimize disruptions.
- Service Modifications and Scalability: We continuously invest in upgrading our infrastructure to incorporate the latest technological advancements and to better serve our customers' evolving needs. This includes the ability to seamlessly scale resources up or down. Any service modifications or upgrades will be communicated via our website or client portal.
- Redundancy and Disaster Recovery: Our hosting infrastructure is built with multiple layers of redundancy to mitigate risks related to hardware failures, network disruptions, or other unforeseen incidents. In the event of a data center failure, our robust disaster recovery procedures ensure business continuity and prompt restoration of services.
- Data Security and Regulatory Compliance: We implement industry-standard security measures, including advanced firewalls, intrusion detection systems, and encryption protocols, to safeguard customer data. Additionally, our operations comply with relevant regulatory requirements, such as GDPR for European customers, to ensure the highest level of data protection.
- Service Limitations and Exclusions: While we strive to provide exceptional uptime and performance, there may be limitations beyond our control, such as network congestion, natural disasters, or issues with third-party providers. Customers acknowledge that such events could impact service delivery, and these limitations are detailed in our SLA and related policies.
- Third-Party Services and Integrations: Some of our hosting services may incorporate third-party applications or integrations that are governed by separate terms and conditions. FREAKHOSTING disclaims liability for the performance or security of these third-party components, and customers are responsible for complying with the respective terms provided by those third parties.
User Accounts, Security, and Responsibilities
- Account Registration and Accuracy: To access certain features of our Services, you may be required to create an account. You agree to provide accurate, complete, and up-to-date information during registration and to promptly update this information if changes occur.
- Account Security and Password Management: You are solely responsible for maintaining the confidentiality of your account credentials, including your username, password, and any additional authentication tokens. We recommend:
- - Using a strong, unique password that is not used for any other service.
- - Changing your password periodically and immediately if you suspect any compromise.
- - Enabling two-factor authentication (2FA) wherever available for an additional layer of protection.
- Unauthorized Access and Notification: If you suspect or become aware of any unauthorized use of your account or any breach of security, you must immediately notify our support team. Prompt notification is essential for us to take necessary measures, and your failure to report unauthorized access may increase your liability.
- Acceptable Use and Prohibited Activities: You are responsible for all activities that occur under your account. You agree not to:
- - Share, sell, or otherwise distribute your account credentials.
- - Permit unauthorized individuals to access or use your account.
- - Engage in any activities that violate our Acceptable Use Policy, including but not limited to illegal activities, attempts to compromise our infrastructure, or interfering with the use of our Services by other customers.
- Device and Software Security: You are responsible for securing any device used to access our Services. This includes:
- - Keeping your operating system and software up-to-date with the latest security patches.
- - Utilizing reputable antivirus and anti-malware programs.
- - Ensuring that your internet connection is secure, particularly when accessing your account from public or shared networks.
- Monitoring and Incident Response: FREAKHOSTING may monitor account activity to protect against fraud and abuse. In cases where suspicious or anomalous activity is detected, we reserve the right to temporarily suspend or restrict your account pending further investigation.
- Third-Party Integrations: If you integrate third-party applications or services with your account, you are solely responsible for ensuring those integrations adhere to robust security practices. FREAKHOSTING will not be liable for any security vulnerabilities or breaches arising from third-party software.
- Compliance with Security Policies: By using our Services, you agree to comply with all security policies and guidelines provided by FREAKHOSTING. Non-compliance or repeated security violations may result in account suspension or termination.
Payment and Billing Terms
- Billing Cycles: All services provided by FREAKHOSTING are billed on a recurring basis according to the selected billing cycle (monthly, quarterly, semi-annually, annually, or biennially). Invoices are generated automatically based on the recurring due date.
- Free Trial for Web Hosting and Game Servers: FREAKHOSTING offers a free trial for Web Hosting and Game Servers, allowing customers to test the service for 2 calendar days. This free trial is measured in full calendar days, not in hours (48 hours). After the 2 calendar days, the trial service will be automatically suspended. If the customer wishes to continue using the service, they must pay the outstanding invoice before access is restored. If no payment is received within the set period, the service will be automatically deleted, and all associated data will be permanently removed.
- Invoice Generation: Invoices for renewal payments are generated 10 days before the due date by default. Customers will receive multiple payment reminders as follows:
- First reminder: 3 days before the due date
- Second overdue notice: 1 day after the due date
- Third overdue notice: 5 days after the due date
- Final overdue notice: 7 days after the due date
If the invoice remains unpaid after 7 days, the service will be automatically terminated. - Late Fees and Overdue Payments: If an invoice remains unpaid after its due date, a late fee may be applied after 7 days. The late fee is calculated as a fixed percentage of the total invoice amount.
- Auto Suspension & Termination:
- If payment is not received 1 day after the due date, the service will be suspended.
- If payment is not received within 7 days after the due date, the service will be terminated, and data may be permanently deleted.
- Automatic Payment Capture: Payments for recurring services will be automatically attempted 7 days before the due date for customers with stored payment details.
- Accepted Payment Methods: FREAKHOSTING accepts payments through the following methods:
- - PayPal
- - Credit/Debit Card
- - Skrill
- - Neteller
- - Paysafecard
- - Cryptocurrencies
- - Neosurf
- - e-Voucher
- - CryptoVoucher
- - Western Union
- - Bank Transfer
- Service Activation: Services will be activated once payment is fully confirmed. Payments made via certain methods (such as Cryptocurrencies, Bank Transfers, and Western Union) may take additional time for processing.
- Recurring Payment Authorization: By saving a payment method (credit card or PayPal), the customer authorizes FREAKHOSTING to charge the stored payment method for future invoices automatically.
- Auto-Renewal Opt-Out: Customers can disable auto-renewal in the client portal. However, this does not cancel an active service. A separate cancellation request must be submitted before the next billing cycle to avoid charges.
- Handling of Failed Payments: If a recurring payment attempt fails, additional attempts may be made within 24 hours before suspending the service.
- Currency Conversion & Exchange Rates: Payments made in different currencies are subject to real-time exchange rates. Any currency conversion fees applied by the payment provider are the customer’s responsibility.
- Invoice Adjustments: Customers can request modifications to an unpaid invoice (e.g., changing billing cycles). Once an invoice has been paid, no changes or adjustments can be made.
- Partial Payments & Overpayments:
- If a partial payment is made, services will remain suspended until the full amount is received.
- Overpayments will be added to the customer's account as account credits, which can be used for future invoices.
- Data Recovery After Termination: Once a service is terminated due to non-payment, data will be permanently deleted.
- Billing Errors & Disputes:
- Customers must report any billing errors within 7 days of the charge.
- FREAKHOSTING is not responsible for errors reported beyond this period.
- Cancellation of Unpaid Services: If a service remains unpaid for more than 7 days, it will be marked as unpaid and automatically canceled. This action will result in the loss of all associated data.
- Service Downgrades: Downgrade requests take effect at the next billing cycle. No prorated refunds will be issued for mid-cycle downgrades.
- Chargeback & Fraud Prevention:
- Suspicious transactions may be subject to manual verification, which may delay service activation.
- If a chargeback or payment dispute is filed, the customer's account may be placed on hold until the dispute is resolved.
Refunds, Cancellations, and Chargebacks
- Refund Policy: FREAKHOSTING offers a standard refund policy to ensure transparency and fairness. Refunds are only provided under the following conditions:
- Web Hosting and Game Servers are eligible for a 3-day money-back guarantee from the initial setup date.
- VPS and Dedicated Servers are non-refundable due to resource allocation and potential misuse.
- Domain registrations, transfers, and renewals are non-refundable as they are immediately processed with external registrars.
- Refunds for any additional services or third-party products (e.g., software licenses, premium support, SSL certificates, additional IPs) are not available.
- Refund Request Process: To request a refund, customers must open a support ticket to the Billing Department within the eligible refund period. Requests made after this period will not be considered.
- Refund Processing Timeframe: Approved refunds will be processed within 5-10 business days. The exact timeframe may vary depending on the payment processor.
- Refunds for SLA Breaches: Refunds for downtime or service level agreement (SLA) breaches are issued as account credits only and cannot be refunded as cash.
- Customer Responsibility for Cancellations:
- Customers must submit a cancellation request through the client portal before the next invoice due date to prevent further charges.
- Failure to submit a cancellation request before the renewal date means the customer is responsible for the next billing cycle’s payment.
- If the customer has an active PayPal subscription, they are responsible for canceling the PayPal recurring payment from their PayPal account. FREAKHOSTING is not responsible for unwanted charges resulting from an active PayPal subscription that was not canceled by the customer.
- Automatic Cancellation of Unpaid Services: If a service remains unpaid for more than 7 days, it will be automatically canceled, and all associated data may be permanently deleted.
- No Refunds for Terminated Accounts: Customers whose accounts are terminated due to a breach of terms (e.g., spamming, illegal activity, abuse of resources, violation of the Acceptable Use Policy) are not eligible for a refund.
- Chargebacks and Disputes:
- Initiating a chargeback or dispute without first contacting FREAKHOSTING for resolution will result in immediate account suspension.
- If a chargeback is ruled in favor of the customer and we determine the chargeback was fraudulent, we reserve the right to involve a credit collections agency.
- Customers who file chargebacks may be permanently banned from using our services.
- Account Credits Usage and Expiry:
- Account credits issued for SLA breaches or other compensations are non-transferable.
- Account credits can only be used for purchasing or renewing FREAKHOSTING services.
- Refund Abuse Prevention:
- FREAKHOSTING reserves the right to deny refunds if we suspect abuse (e.g., repeated refund requests, creating multiple accounts to exploit money-back guarantees).
- Fraudulent refund requests may result in account suspension or legal action.
- Legal Compliance & Jurisdiction:
- FREAKHOSTING’s decision regarding refund eligibility is final.
- Payments made via Cryptocurrency or Paysafecard that qualify for a refund will only be refunded as account credits based on the original service price in Euros.
Acceptable Use Policy
- You agree to use our Services in compliance with our Acceptable Use Policy, which prohibits activities that may harm our infrastructure, infringe on the rights of others, or violate any applicable laws.
- Prohibited activities include, but are not limited to, spamming, phishing, unauthorized access, malware distribution, excessive resource consumption, and any form of abusive behavior.
- Violation of the Acceptable Use Policy may result in immediate suspension or termination of your account without refund.
Service Level Agreement (SLA)
- Our SLA outlines performance guarantees for key service areas including network availability, control panel accessibility, hardware reliability, and DoS/DDoS protection.
- For example, we guarantee 99.5% network availability over any rolling 90-day period. If at any time our service does not maintain this agreement for network availability, the affected service shall be eligible for SLA compensation.
- Detailed SLA terms, including response times, service credits, and exclusions, are provided in a separate SLA document.
Warranties and Limitations of Liability
- No Warranties: The Services are provided on an "as is" and "as available" basis. FREAKHOSTING expressly disclaims any and all warranties, whether express, implied, statutory, or otherwise. This includes, without limitation, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. FREAKHOSTING does not warrant that the Services will meet your requirements or that the operation of the Services will be uninterrupted or error-free.
- Limitation of Liability: To the fullest extent permitted by applicable law, FREAKHOSTING shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, use, goodwill, or other intangible losses, whether in an action in contract, tort, or otherwise, arising from or in connection with your use of or inability to use the Services.
- Service Interruptions and Third-Party Failures: FREAKHOSTING is not liable for any interruption, suspension, or termination of the Services. This includes interruptions due to scheduled maintenance, emergency maintenance, natural disasters, acts of terrorism, governmental actions, network outages, or failures of third-party providers.
- Aggregate Liability Cap: In no event shall FREAKHOSTING's total liability for any claims arising under or relating to this Agreement exceed the total amount paid by you for the affected Service during the three (3) months preceding the event giving rise to such claim.
- Disclaimer of Specific Damages: FREAKHOSTING shall not be liable for any damages resulting from loss of data or any other harm that may result from your use of or inability to use the Services.
Intellectual Property
- Ownership of Intellectual Property: All content, trademarks, logos, trade names, and other intellectual property contained on our website and within our Services are the exclusive property of FREAKHOSTING or its licensors. This includes, but is not limited to, website design, text, graphics, user interface elements, software, and code.
- Usage Rights: FREAKHOSTING grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your internal business purposes in accordance with this Agreement. No rights are granted to copy, modify, distribute, or create derivative works unless explicitly stated in writing.
- Customer Content: Any intellectual property you provide or generate while using the Services remains your sole property. By using our Services, you grant FREAKHOSTING a non-exclusive, worldwide, royalty-free license to host, reproduce, modify, and display such content solely for the purpose of providing the Services. This license does not extend to any other use.
- Prohibited Actions: You agree not to remove, alter, or obscure any proprietary notices, labels, or marks contained in the Services. In addition, you agree not to copy, reverse-engineer, decompile, or disassemble any part of our software or services except as expressly permitted by applicable law.
- Third-Party Intellectual Property: The Services may include third-party content or software that is subject to separate licensing agreements. Your use of such third-party materials is governed by the terms of the applicable third-party licenses, and FREAKHOSTING disclaims any liability relating to these materials.
- Infringement Claims: If you believe that any content hosted on our Services infringes your intellectual property rights, you must notify us immediately in writing. FREAKHOSTING reserves the right to remove or disable access to any material claimed to be infringing without prior notice, at our sole discretion.
- Enforcement and Remedies: Unauthorized use of our intellectual property may result in legal action. FREAKHOSTING reserves the right to seek all available legal remedies, including injunctive relief, monetary damages, and the recovery of attorneys' fees and costs.
Domain Registration
- Registration Requirements: When registering a domain with FREAKHOSTING, you agree to provide accurate, complete, and up-to-date contact information. This includes your legal name, physical address, phone number, and email address as required by ICANN and other relevant authorities.
- Public Domain Data: Unless you opt for additional privacy services, your registration information will be publicly accessible through WHOIS databases. We encourage you to consider domain privacy protection to safeguard your personal information.
- Compliance with ICANN Policies: All domain registrations are subject to the policies and guidelines established by ICANN. By registering a domain with FREAKHOSTING, you agree to adhere to these rules as well as any additional requirements imposed by the domain registries.
- Registration Terms and Renewal: Domain registration terms are generally set for one year, with the option to renew. It is your responsibility to ensure that your domain registration is renewed before its expiration to avoid loss of the domain name.
- Transfer and Ownership Disputes: The domain registration will remain associated with your account as long as you maintain the registration details and renew the domain on time. In the event of disputes or transfer requests, you agree to follow the procedures provided by FREAKHOSTING and the relevant domain authorities.
- Additional Domain Services: FREAKHOSTING may offer supplementary services related to domain registration, such as DNS management, domain forwarding, and privacy protection. These services are subject to separate terms and may incur additional fees.
- Modifications and Cancellations: Requests for modifications or cancellations of domain registrations must be submitted in accordance with our specified procedures. Certain changes may require verification, and cancellation of a domain registration may result in additional fees or loss of the domain.
- Liability and Disclaimers: FREAKHOSTING is not liable for any errors or omissions in the domain registration details provided by you, nor for any disputes arising from inaccuracies in such information. It is your responsibility to ensure that all domain registration data is correct and current.
Affiliate and Reseller Programs
- Program Participation: Participation in our Affiliate and Reseller Programs is open to individuals and businesses that meet our eligibility criteria. Enrollment is subject to approval by FREAKHOSTING, and you must provide full and accurate disclosure of your relationship with FREAKHOSTING.
- Guidelines and Compliance: You agree to abide by all program-specific guidelines and rules. These include proper disclosure of your affiliation with FREAKHOSTING in all promotional materials and adherence to ethical marketing practices. Failure to comply with these guidelines may result in the suspension or termination of your affiliate or reseller status.
- Commission Structure and Payments: Detailed information regarding commission rates, payout thresholds, payment schedules, and methods is provided separately. Commission rates are subject to change at FREAKHOSTING's discretion and will be communicated in advance. To be eligible for commission payments, you must comply with all program terms and maintain active, approved status.
- Use of Marketing Materials: Affiliates and resellers may use approved marketing materials provided by FREAKHOSTING. Unauthorized use of our trademarks, logos, or promotional content is strictly prohibited. All marketing efforts must accurately represent our services and comply with all applicable laws and regulations.
- Program Modifications and Termination: FREAKHOSTING reserves the right to modify, suspend, or terminate the Affiliate and Reseller Programs at any time without prior notice. Any changes to commission structures, guidelines, or program terms will be communicated through our official channels.
- Legal and Financial Disclaimers: Participation in the Affiliate and Reseller Programs does not create an employment or agency relationship between you and FREAKHOSTING. FREAKHOSTING shall not be liable for any losses or expenses incurred as a result of your participation. All financial arrangements are governed solely by the specific terms of the program.
- Dispute Resolution: Any disputes arising out of or related to your participation in these programs will be resolved in accordance with the dispute resolution provisions set forth in this Agreement or any supplementary agreements governing the program.
Termination and Suspension
- Immediate Termination or Suspension: FREAKHOSTING reserves the right to immediately suspend or terminate your account and access to the Services if you breach this Agreement, engage in fraudulent, abusive, or illegal activities, or violate any of our policies including the Acceptable Use Policy.
- Non-Payment and Payment Issues: Failure to make timely payments or resolve outstanding invoices may result in suspension or termination of your Services. Outstanding balances will remain due and may be subject to collection.
- Data Handling upon Termination: In the event of termination or suspension, access to your data may be restricted and, after a specified period, permanently deleted. It is your responsibility to back up all necessary data, and FREAKHOSTING will not be liable for any loss of data resulting from account termination.
- Notice and Cure Period: In non-emergency situations, we may provide notice of a breach and a reasonable cure period. Failure to address the breach within the specified timeframe may result in immediate termination or suspension of your account.
- Effect of Termination: Termination or suspension of your account does not relieve you of any liability for amounts due or for any breach of this Agreement that occurred prior to termination. All rights and obligations accrued prior to termination shall survive.
- No Liability for Termination: FREAKHOSTING shall not be liable for any direct, indirect, incidental, or consequential damages arising from the termination or suspension of your account or from the loss of any data.
- Reinstatement: In cases where termination or suspension is due to payment issues, services may be reinstated upon full payment of outstanding amounts. Reinstatement is at the sole discretion of FREAKHOSTING.
Governing Law and Dispute Resolution
- Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom without regard to its conflict of law rules.
- Exclusive Jurisdiction: You agree that any legal proceedings or claims arising out of or in connection with this Agreement shall be brought exclusively in the courts of England and Wales. By using our Services, you consent to the personal jurisdiction of these courts and waive any objection to the venue.
- Dispute Resolution Process: Prior to initiating any legal action, both parties agree to engage in good faith negotiations to resolve any disputes arising from this Agreement. If the dispute remains unresolved after thirty (30) days, the parties shall submit the matter to mediation administered by a mutually agreed mediator.
- Binding Arbitration: Should mediation fail to resolve the dispute, the matter shall be resolved by binding arbitration in accordance with the Arbitration Act 1996 or any applicable legislation in the United Kingdom. The arbitration will be conducted in English and the arbitrator's decision will be final and binding, with any court having jurisdiction to enforce the award.
- Waiver of Class Actions: You agree that any claims or disputes shall be resolved on an individual basis and waive any right to participate in a class or collective action against FREAKHOSTING.
- Interim Relief: Notwithstanding the foregoing, either party may seek temporary or injunctive relief from a court of competent jurisdiction to protect its rights or prevent irreparable harm.
- Severability: If any provision of this Section is determined to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Modifications and Entire Agreement
- Modifications: FREAKHOSTING reserves the right to modify, amend, or update this Agreement and any associated policies, including our Privacy Policy, Cookie Policy, Acceptable Use Policy, and Service Level Agreement, at any time. All modifications become effective immediately upon posting on our website or communicating them via email or through our client portal.
- Notification of Changes: We will make reasonable efforts to notify you of any material changes. It is your responsibility to review this Agreement periodically to ensure you are aware of the most current terms.
- Entire Agreement: This Agreement, along with all policies, guidelines, and documents referenced herein, constitutes the entire agreement between you and FREAKHOSTING regarding the use of our Services. This Agreement supersedes all prior communications, proposals, or agreements, whether written or oral.
- No Waiver: A failure by FREAKHOSTING to enforce any provision of this Agreement or exercise any right under it shall not be deemed a waiver of that provision or right, nor shall it affect the validity of the remainder of the Agreement.
- Severability and Survival: If any provision of this Agreement is held to be invalid or unenforceable under applicable law, that provision shall be severed from the Agreement and the remaining provisions shall continue in full force and effect. Provisions that by their nature are intended to survive termination shall remain in effect after the termination of this Agreement.
Data Protection and Privacy
- Commitment to Data Protection: FREAKHOSTING is dedicated to protecting your personal and business data. We adhere to stringent data protection standards and comply with applicable laws, including the UK Data Protection Act, GDPR, and other relevant regulations.
- Data Collection and Use: We collect and process personal data only for purposes necessary to provide, maintain, and enhance our Services. This data may include, but is not limited to, your name, contact details, payment information, and technical data regarding your use of our Services.
- Data Security Measures: We implement industry-standard security measures to safeguard your data. This includes the use of encryption protocols for data in transit and at rest, secure data centers, and robust firewall and access control systems. Although we strive to secure your data, no method of data transmission or storage is completely foolproof.
- Data Sharing with Third Parties: In order to deliver and enhance our Services, your data may be shared with trusted third-party service providers. These providers are contractually obligated to follow data protection standards that are consistent with our own practices.
- Data Retention and Deletion: We retain your data only for as long as necessary to fulfill the purposes for which it was collected or as required by law. Upon termination of your account, we will proceed with the deletion or anonymization of your data in accordance with our data retention policies.
- User Rights: Depending on your jurisdiction, you may have rights regarding the access, correction, deletion, or restriction of your personal data. Detailed information on how to exercise these rights is provided in our Privacy Policy.
- Privacy Policy and Consent: By using our Services, you acknowledge and consent to our data processing practices as described in this section and our comprehensive Privacy Policy, which forms an integral part of this Agreement.
- Cookies and Tracking Technologies: We use cookies and similar tracking technologies to improve your experience on our website and to enhance our Services. Information on how these technologies are used and how you can manage your preferences is detailed in our Cookie Policy.
Indemnification
- Indemnification by the Customer: You agree to indemnify, defend, and hold harmless FREAKHOSTING, its affiliates, officers, directors, employees, agents, contractors, and partners from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
- - Your use of the Services, including any content you submit, transmit, or display;
- - Your breach of this Agreement or any applicable law, regulation, or policy;
- - Any alleged infringement or violation of any intellectual property or other rights of any third party;
- - Any actions or omissions that violate any restrictions or guidelines associated with our Services;
- - Any claims or disputes brought by a third party relating to your actions or omissions in connection with the Services.
- Control of Defense: In the event that a claim subject to indemnification is brought against FREAKHOSTING, FREAKHOSTING reserves the right to assume the exclusive defense and control of the claim. You agree to cooperate fully and provide any assistance reasonably requested, including the use of legal counsel acceptable to FREAKHOSTING.
- Notification and Cooperation: You agree to promptly notify FREAKHOSTING in writing of any claim or dispute that may give rise to an indemnification obligation under this Agreement. Failure to provide timely notice shall not relieve you of your indemnification obligations, except where FREAKHOSTING is materially prejudiced by such delay.
- Survival: The indemnification obligations set forth in this section shall survive the termination of your account and this Agreement.
Force Majeure
- Definition of Force Majeure: FREAKHOSTING shall not be responsible for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is caused by events beyond its reasonable control. These events include, but are not limited to, natural disasters (such as earthquakes, floods, hurricanes, or wildfires), acts of war, terrorism, civil disturbances, labor strikes or industrial actions, pandemics, governmental actions or regulations, power outages, network or infrastructure failures, and large-scale cyber-attacks or other security breaches.
- Notification and Mitigation Efforts: In the event of a Force Majeure occurrence, FREAKHOSTING will provide prompt notice to its customers and will take reasonable steps to minimize any disruption to the Services. Customers acknowledge that during such events, the ability of FREAKHOSTING to perform its obligations may be temporarily impaired.
- No Liability for Delays or Failures: FREAKHOSTING shall not be liable for any delays, failures, or damages resulting from any Force Majeure event. Any such delay or failure shall be excused and shall not constitute a breach of this Agreement.
- Termination Rights: If a Force Majeure event continues for an extended period and significantly impacts the provision of Services, either party may terminate this Agreement by providing written notice. In such cases, neither party shall be held liable for any damages resulting from the termination.
Contact Information
- If you have any questions or concerns regarding this Agreement, please contact us at:
- Address: Vlad-Ioan Alexandru trading as FREAKHOSTING, 3rd floor, 86-90 Paul St, London, England EC2A 4NE, United Kingdom.
- Email: [email protected]
- Phone: (+44)115 7940794