This is an agreement between Crelativity Limited, hereinafter DBA “Euroservers” or “euroservers.com” as well as its partners on the one hand, and the User of Euroservers products and services on the other hand.
“We”, “Us” and “Our” refer to Euroservers as well as its subsidiaries and sister companies (collectively “Euroservers”).
This Agreement explains Our obligations to you and explains your obligations to Us for various services offered by Euroservers.
When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional Euroservers service(s) or products or to cancel your Euroservers services (even if We were not notified of such authorization), this Agreement covers such service or actions.

1. Term of Agreement; Modification

You agree that Euroservers may modify this Agreement and the services it offers to you from time to time.
You agree to be bound by any changes Euroservers may reasonably make to this Agreement when such changes are made.
If you have purchased services or products from Euroservers, the term of this Agreement shall continue in full force and effect as long as you take advantage of and use the products or services.

2. Accurate Information

You agree to maintain accurate information by providing updates to Euroservers, as needed, while you are using Euroservers products and services.
You agree you will notify Euroservers within two (2) business days when any change of the information you provided as part of the application and/or registration process changes.
Failure by you, for whatever reason, to respond within two (2) business days to any inquiries made by Euroservers to determine the validity of the information provided by you will constitute a material breach of this Agreement.
If you provide any information that is inaccurate, not current, false, misleading, incomplete, or if Euroservers has reasonable grounds to suspect that your information is inaccurate, not current, false, misleading, or incomplete, Euroservers has the absolute right, in its sole discretion, to terminate its Services and close your account.

3. Privacy

You can view the Euroservers Privacy Policy, which is incorporated herein by reference, as it is applicable to all Euroservers products and services.
The Privacy Policy sets out your rights and Euroservers responsibilities with regard to your personal information.
Euroservers will not use your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy.

4. Acceptable Use Policy

You should use all services provided by Euroservers for lawful purposes only.
You agree to maintain your website and all services in full compliance with the terms listed below. By using any Services provided by Euroservers you agree:

  • Not to violate the laws, regulations, ordinances, or other such requirements of any applicable government or jurisdiction.

  • Not to transmit any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing.

  • Not to make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or other Internet Forum.

  • Not to make, attempt, or allow any unauthorized access to Euroservers website, servers, your own hosting account, or the account of any other customers of Euroservers.

  • Not to allow any remote code execution of malicious software through the hosting account provided by Euroservers.

  • Not to cause denial of service attacks, port scans, or other endangering and invasive procedures against Euroservers servers and facilities or the servers and facilities of other network hosts or Internet users.

  • Not to forge the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User.

  • Not to use Euroservers services to host any website, other content, links, or advertisements of websites that: infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; are connected with child pornography; profess hatred for particular social, ethnical, religious or other groups; contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person’s property; are committed in fraudulent activity; violent or encouraging violence.

  • Not to engage in or to instigate actions that cause harm to Euroservers or other Customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by any online spam database, actions resulting in DDOS attacks for any servers, etc.

Complaints regarding IPs in blacklists are accepted as valid only for those blacklists, which contain clear listing and delisting policy and are trustworthy.
Other listings (RATS, UCEPROTECTL, s5h.net, ivmSIP24, ZapBL, etc.) are not acknowledged as such and will be ignored without any subsequent actions taken.

Euroservers reserves the right to refuse service to anyone at Our discretion.
Any material that in Euroservers’ judgment is either obscene or threatening is strictly prohibited and will be removed from Euroservers servers immediately with or without prior notice and may lead to possible warning, suspension, or immediate account termination with no refund.

We have the right to terminate any hosting account that has been suspended for any reason for more than 14 (fourteen) calendar days after the suspension date unless you have taken corrective measures to remove the initial suspension threat or violation.
Any backup copies of the hosting account will be permanently deleted upon termination and no refund will be due.
Euroservers will not be liable for any loss or damages in such cases.

For more information on the Acceptable Use Policy for Virtual hosting accounts, VPS hosting accounts, and Dedicated Servers please consult our Fair Usage Policy.

5. Web Hosting Services

Euroservers has strict resource usage restrictions designed to maintain the integrity, stability, and performance of our web hosting servers.
Failure to abide by these restrictions may result in account suspension or termination without refund.

  • No script or piece of software may use 25% or more of system resources for 60 seconds or longer;

  • Running cron scripts with intervals of less than 15 minutes, or setting up more than 5 simultaneous cron jobs is strictly prohibited;

  • Running of public file exchange services is strictly prohibited;

  • No user may have above 5,000 opened files at any moment (the limit does not apply to overall number of existing files, owned by the user);

  • Disk Usage Provision: 90% or more of your content on your website must be linked from an HTML or similarly coded web page where all content is freely available to the public. Your website consists of web pages of a standard design, essentially HTML-based text and graphics. Downloadable files, media, streaming content, or any file which consumes more than 500kb of space must not exceed 10% of your total used disk quota;

  • WordPress Usage & Modules: We do not allow any WordPress caching modules on our shared or reseller hosting services. WordPress caching modules continually cause server overload problems and are only allowed on VPS or dedicated hosting.

  • Accounts exceeding the 100,000 inode limit will be removed from automated backups and log statistics processing to prevent over-usage of the server. Each account exceeding the 150,000 inode limit will be warned and can be suspended in case no actions have been taken within a specified time frame. Every file on your account equals 1 inode, this includes webpage, email, image file, etc. Any account slightly exceeding such inode limit generally won’t be suspended but we will flag for review/suspend accounts that regularly create and delete large amounts of files, accounts storing thousands of files, or accounts damaging the file system.

5a. Other Services

  • Some of our locations are created in order to optimize regulatory compliance & content access. Both VPS and dedicated servers’ physical location could differ from the geolocation of their IPs;

  • Each BGP alteration request is charged separately and on a one-time fee basis;

  • When ‘EPYC’ cores are mentioned on a page, corresponding VPS cores are either based on EPYC infrastructure or on a comparable infrastructure of other CPU makers.

  • Unlimited bandwidth VPS plans are deployed on servers with either a 1 Gbps or 10 Gbps shared uplink, depending on the hosting location and hardware configuration. Euroservers makes no guarantee that any individual VPS will reach the maximum port speed, as bandwidth is shared among all users on the same node.

    6. Email and Anti-Spam Policy

    You must comply with the CAN-SPAM Act of 2003 and all relevant regulations and legislation on bulk and commercial email.

    You are prohibited from:

    • Sending mass unsolicited email messages. All emails sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In into mailings from you will be considered unsolicited email messages. When using and sending mass mailings you must at all times maintain complete and accurate records of all consents and opt-ins and upon request provide said records to Euroservers. In the event that you cannot provide actual and verifiable proof of such consents and opt-ins, We will consider the mass mailing to be unsolicited.

    • Creating websites intended or likely to promote your affiliated websites or to increase the ranking of any associated sites in search engines;

    • Sending spam and unsolicited messages to weblogs or automatically publishing multiple unrelated comments or promotions of commercial services to weblog sites;

    • Hosting any web pages or providing any services that support spam;

    • Spoofing;

    • Hosting web pages advertised via “spam e-mail” sent from another network (“spamvertising”);

    • Usage of the Euroservers network and systems to receive replies to unsolicited mass e-mail messages;

    • Spamming using a third-party proxy, aggregation of proxy lists, or proxy mailing software installation;

    • Configuring a mail server to accept and process third-party emails for sending with no user identification and/or authentication;

    • Using weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop-ups, instant messages, or text/SMS messages for sending, posting, or transmitting unsolicited bulk messages;

    • Advocating any activities, prohibited by the Acceptable Use Section of this Agreement.

    Our anti-spam 3 strike policy:

    • Strike 1: Service is suspended in case user fails to solve a reported issue in a timely manner (timeframe is provided in the ticket);

    • Strike 2: Reoccurring issue leads to abuse fee and new services provisioning restrictions;

    • Strike 3: Multiple reoccurring issues of similar types lead to account closure with services termination.

    7. Storage & Security

    At all times, you shall bear full risk of loss and damage to your server and all of your server content.
    You are entirely responsible for maintaining the confidentiality of your password and account information.
    You acknowledge and agree that you are solely responsible for all acts, omissions, and use under and charges incurred with your account or password or in connection with the server or any of your server content displayed, linked, transmitted through, or stored on the server.
    You shall be solely responsible for undertaking measures to:
    (i) prevent any loss or damage to your server content;
    (ii) maintain independent archival and backup copies of your server content;
    (iii) ensure the security, confidentiality, and integrity of your server content transmitted through or stored on Euroservers servers; and
    (iv) ensure the confidentiality of your password.

    Euroservers servers are not an archive and Euroservers shall have no liability to you or any other person for loss, damage, or destruction of any of your content.
    The services offered by Euroservers are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity.
    Euroservers shall have no liability to you or any other person for your use of Euroservers products and/or services in violation of these terms.

    8. Non-Exclusive License

    If you have licensed software from Euroservers or its partners, Euroservers grants you a limited, non-exclusive, non-transferable, and non-assignable license to use the software for such purposes as are ordinary and customary.
    You are free to use the software on any computer but not on two or more computers at one time.
    You agree not to alter or modify the software.
    You are not authorized to combine the software with any other software program, create derivative works based upon the software, nor are you authorized to integrate any plug-in or enhancement which uses or relies upon the software.
    You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code.

    Euroservers reserves all rights to the software. The software and any copies you are authorized to make are the intellectual property of Euroservers. The source code and its organization are the exclusive property of Euroservers and the software is protected by copyright law.
    Except as expressly provided for in this section, this Agreement does not grant you any rights in the software and all rights are reserved by Euroservers.
    Any such software and services are provided to you “as is” without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose.

    9. Third-Party Software

    Euroservers cannot be responsible for any third-party software performance and provides no guarantees that its use will result in any particular outcome or result.
    Euroservers will have no liability or responsibility for any damage, loss of data, loss of use, or other loss occurring in connection with the use of third-party software or products.
    You can use any third-party software at your own risk.

    You are solely responsible for any license and other fees required by the software providers, for using any third-party software installed on your account apart from the initial account setup.

    10. Third-Party Content

    If you elect to sell or resell advertising or webspace to a third party then you will be responsible for the contents of that advertising and the actions of that third party.
    Euroservers has the absolute right to reject any advertising or other third-party content that is illegal, offensive, or otherwise in breach of the then-current Euroservers policy or agreement. Such content may result in suspension or in the immediate termination of your account.
    You are responsible for monitoring all domain transfers, renewals, and orders. In the event that an error occurs the account holder must notify the Euroservers Team immediately about the error.
    In no event shall Euroservers be liable to the Account Holder for any damages resulting from or related to any failure or delay of domain registration, transfer, or renewal.

    11. Billing & Payment

    All payments for the Services shall be in accordance with Euroservers’ payment schedule then in effect and shall be due at the times provided therein. Fees for renewal periods after the Initial Term shall be due and owing immediately upon the first day of such renewal period.
    Euroservers may impose a debt service charge equal to 1.5% (one and one-half percent) of the overdue balance for each month or fraction thereof the overdue amount remains unpaid.
    In addition, in the event that any amount due to Euroservers remains unpaid 14 (fourteen) days after such payment is due, Euroservers, in its sole discretion, may immediately terminate this agreement, and/or withhold or suspend Services. There will be a €15.00 (fifteen euro) fee to reinstate accounts that have been suspended or terminated. All taxes, fees, and governmental charges relating to the Services provided hereunder shall be paid by you.

    If you signed up for a monthly payment plan, your monthly billing date will be determined based on the day of the month you purchase the products or services. If you signed up for a semi-annual (or longer) payment plan, and you elected the automatic renewal option, Euroservers will automatically renew your services when they come up for renewal and will take payment in accordance with the designated payment method at Euroservers’ then-current rates.

    Please note that we can receive only the amount specified on the invoice when crypto payments are made. No overpayment can be credited to the client’s balance.

    11a. Affiliate Program Rules

    Those participating in the affiliate program are prohibited from:

    • Attracting clients by illegal means and/or by any means that artificially increases the number of clients.

    • Making copies (clones, doubles) of the euroservers.com website. Using the domain names similar to euroservers.com or the Euroservers company name, as well as trademarks owned by Crelativity Limited in contextual advertising.

    • Using automatic redirects, pop-ups, and any other intrusive ad types: PopUp, PopUnder, ClickUnder, Toolbar, etc.

    • Sending spam mail or emails on behalf of Euroservers employees (email, messengers).

    • Applying SMS-mailing.

    • Using push ads.

    • Using Cookie stuffing (cookie dropping). If these rules are violated, Crelativity Limited will suspend your participation in the affiliate program, affiliate payments will be suspended.

    12. Termination & Cancellation Policy

    The initial term of your agreement with Euroservers shall be as set forth in your Order Form. The Initial Term shall begin upon commencement of the Services in the Order Form.
    After the Initial Term, your agreement with Euroservers shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or canceled by either party as provided in this section.

    This agreement may be terminated: (i) by you by submitting a helpdesk ticket under Billing Issues category at least 3 working days before the account is due to renew; and (ii) by Euroservers at any time, without prior notice, if in Euroservers’ judgment, you are in violation of any term or condition herein, or in Euroservers’ sole judgment, your use of the Services places or is likely to place unreasonable demands upon Euroservers or could disrupt Euroservers’ business operations.

    13. Currency

    While all purchases are processed in euros, Euroservers may provide an estimated conversion price to currencies other than euros. You acknowledge and agree that the pricing displayed during the checkout process is an estimate. Due to potential slight time delays between the actual purchase and the payment settlement, the actual price charged may fluctuate. Accordingly, Euroservers makes no representations or warranties that the actual price will be the same or substantially similar to the estimated price, and you waive any and all claims based upon any discrepancy between the estimate and the actual price.
    In addition, you may be charged VAT, based on the country indicated in your billing address section. Any amounts to be charged will appear during the checkout process.

    14. Refund Policy

    Refunds on unused service periods are available subject to the following terms and conditions:

    • Refunds will not be issued for those who break our Terms of Service and Acceptable Use Policies.

    • Domain names are non-refundable.

    • SSL certificates are non-refundable.

    • Dedicated Servers are non-refundable. A refund would be considered only if we break our contractual terms.

    • Any setup fees incurred are non-refundable.

    • Refunds for VPS or Dedicated servers can be issued during the first 30 days if Euroservers is unable to resolve technical issues with the service within a 48-hour timeframe.

    • As of 2020 we are unable to refund payments made using cryptocurrencies.

    • We issue refunds by the following methods:

      • Credit Cards

      • Bank Transfer

    • All refund fees are paid by the customer.

    Placing an order indicates your acceptance of these terms and conditions. If you have any questions regarding this policy please contact us.

    15. Domain Names Registration & Use

    Euroservers provides domain registration, renewal, and ID protection on your behalf with a registrar selected by Euroservers. Apart from the specific Euroservers terms below, the use of the domain registration related services is regulated by ICANN, the registrar, and the applicable laws. For more information about the ICANN terms and the terms of the Registrars which Euroservers selects, please read ICANN Policy: http://www.icann.org/dndr/udrp/policy.htm

    By registering, maintaining, or renewing a domain name, you guarantee that all of the following requirements are met:

    • The registration of the domain name does not infringe the rights of any third party to the best of your knowledge;

    • The domain name is not registered for unlawful purposes;

    • The domain name will not be intentionally and knowingly used in violation of any applicable laws or regulations;

    • The information you provided upon sign-up is complete and accurate. These details will be used to register your domain name and will appear in Whois engines.

    You are solely responsible for investigating and determining whether the registration of your domain name infringes or violates the rights of any third party.

    Each domain ordered by you is registered on your behalf and your personal details are used for its registration, except for the contact email. Euroservers may register each domain name with an obfuscated Euroservers email address to protect you from receiving unwanted email messages. You understand and agree that unless you change this email you may be unable to receive notifications related to your domain sent by the domain registration authorities. You can change the Domain administrative email and manage your registered domain name through the Customer Area. You can transfer the domain name registered by Euroservers to another domain name registrar at any time.

    You shall be solely liable for making any changes in the DNS settings of any domain name in your account and any consequences following thereof. If you have asked a Euroservers representative to change the DNS settings of a domain name on your behalf, Euroservers shall be indemnified of any liability for such actions and any consequences that might follow thereof.

    You agree that in the event that any hosting or service fees associated with a domain name are reversed, refunded, or claimed back by filing a chargeback, the said domain name becomes property of Euroservers and you lose any rights over it or any services associated with it.

    Euroservers may regain property of the domain name in question if all of the following conditions are met:

    • You pay in full all due fees for the domain name and the services associated with it;

    • You pay in full all chargeback penalty fees, imposed by Euroservers;

    • You provide all requested documents in order for Euroservers to settle the chargeback complaint.

    Euroservers shall not be liable in the event that during the time period needed for you to fulfill the requirements described above the domain name has either been deleted, has expired, or entered the Redemption period.

    In accordance with the stipulations herein, it is duly noted that premium domains shall not be pre-determined and thus remain undisclosed prior to registration endeavors. The valuation of each premium domain is distinctly assessed by the registrar on an individual basis.

    Euroservers shall not be liable for the registration, maintenance, or management of any domain name, until it has been successfully registered by Euroservers on your behalf and appeared as such in the corresponding Customer Area. You acknowledge that the non-registered domain names are available for registration to the general public and Euroservers shall not be responsible for and cannot guarantee that any domain name of your choice will not be already taken and will not be available for registration.

    16. Free Domain Name Registration & Renewal

    The registration and the renewal of your domain name will be included in the initial and renewal fees for the hosting account and will not be subject to additional fees only if the domain name meets all of the conditions below:

    • The domain name registration is requested by you at the time of the initial account setup.

    • The domain name is used as the main domain for the hosting account throughout the whole duration of the hosting service.

    • The domain name has one of the following extensions: .com; .net; .org; .biz; .info.

    • You request the domain renewal up to 29 days after its expiration day, before the domain name redemption period starts.
      In case the renewal request of a free domain name is received during the domain name redemption period, the appropriate redemption fee of €200 should be paid by you.

    If you cancel within the first 30 days and have registered a free domain name with us during this time period, Euroservers will charge you a one-time fee of €12 per domain name if you do not wish to continue with the domain name transfer.
    If you cancel your account and wish to transfer a free domain name registered by Euroservers to any other registrar you will be charged a one-time fee of €15 per transfer per domain.
    These terms are in place to prevent abuse of our free domain name(s) service.

    17. Additional Paid Domain Names Registration

    All domain names that are registered by Euroservers on your request and do not meet the conditions for free registration and renewal above are subject to the appropriate fees depending on the number of domains ordered, the registration period, and the domain extension. Renewal fees are due for all such domains at the end of the pre-paid period.
    In case the renewal request of an additional domain name is received more than 29 days after the expiration of the domain, during the domain name redemption period, the appropriate redemption fee of €200 should be paid by you.
    Registration, renewal, and redemption fees for such domain names are non-refundable.

    You are solely responsible for domain name maintenance. Euroservers shall not be liable for any loss or damage resulting from any kind of domain name issues that were not immediately reported by you by submitting a ticket in our HelpDesk system.

    Euroservers will act in good faith to investigate and resolve reported domain name issues, however, Euroservers has no liability or obligation to achieve any particular outcome or result or resolve domain name issues by any deadline.
    Euroservers shall have no liability or responsibility for any damage, loss of data, loss of use, or any other loss or damage occurring in connection with any domain name issue.

    18. ID Protect

    ID Protect is a service that allows you to hide your personal details, connected with your domain name. ID protect service is provided only for domain names that are registered by Euroservers. Euroservers will charge the appropriate fee for the ID protect service. The fee is applied and should be paid per year basis. The fee is non-refundable. A renewal fee is due for the ID protect service one year after the initial order.

    You acknowledge that Euroservers cannot be held liable for any system malfunction or failure regardless of its cause that might result in the return of incomplete or erroneous information. You shall raise no claims or seek any compensation for misinformation based solely and exclusively on results returned by Euroservers’ website, system, and look-up tools.

    Upon cancellation or expiration of any service associated with a domain name Euroservers will no longer be responsible for the management, maintenance, and/or the proper functioning of the said domain name. You shall be solely responsible for maintaining and managing any domain name, associated with any service that has been effectively canceled and/or terminated or has expired. Euroservers shall not be held liable for any loss or damages resulting from the operation failure of any domain name, associated with a service that has been canceled and/or terminated or has expired.

    19. Technical Support

    Euroservers provides Technical Support to you at no additional fee only for hosting related issues. Euroservers has the right to decide what is a hosting related issue and to charge additional fees or refuse support for non-hosting related issues. Any fees paid by you for providing non-hosting-related support are non-refundable.

    You can request technical support only by opening a ticket through the HelpDesk system located in the Customer area. Euroservers will have no liability to provide technical support if it is requested in any other way apart from the HelpDesk system. You are solely responsible to use the appropriate HelpDesk category when posting a ticket. Euroservers will have no liability to respond to tickets opened in inappropriate categories. You acknowledge that by asking our technical representatives for technical assistance, you authorize their intervention and operation in your hosting account, Direct Admin, and/or Customer Area.

    You must provide Euroservers with all information and access to facilities that Euroservers may reasonably require to provide the requested Technical Support.

    You are solely liable for performing and storing a back-up copy of your data, files, and hosting account prior to requesting technical support and agreeing to any technical interference or operation, provided by Euroservers. In the event you are not satisfied with the outcome of any technical action you shall be solely responsible for restoring the back-up copies of your hosting account and uploading your website.

    You should not abuse the HelpDesk system. Abuse of the HelpDesk system includes, but is not limited to, an excessive number of tickets opened by a single Customer, aggressive and/or harassing behavior, repetitive use of inappropriate categories for posting a ticket, etc. Any abuse of the HelpDesk system may result in warning, HelpDesk access restrictions, hosting account suspension or possible hosting account termination with no refund. Euroservers has the sole right to decide what constitutes an abuse of the HelpDesk system.

    20. Disclaimer of Warranty

    You agree to use all Services and any information obtained through or from Euroservers at your own risk. You acknowledge and agree that Euroservers exercises no control over, and accepts no responsibility for, the content of the information passing through Euroservers’ host computers, network hubs, and points of presence or the Internet. The services provided under this agreement are provided on an as-is basis. None of Euroservers, its parent, subsidiary, or affiliated corporations, or any of their respective employees, officers, directors, shareholders, affiliates, agents, suppliers, third-party information providers, merchants, licensors, or the like makes any warranties of any kind, either expressed or implied, including but not limited to warranties of merchantability or fitness for a particular purpose, or non-infringement, for the services or any equipment Euroservers provides. No Euroservers personnel makes any warranties that the services will not be interrupted or error-free; nor do any of them make any warranties as to the results that may be obtained from the use of the services or as to the accuracy, reliability, or content of any information, services, or merchandise contained in or provided through the services. Euroservers is not liable and expressly disclaims any liability, for the content of any data transferred either to or from you or stored by you or any of your customers via the services provided by Euroservers. No oral advice or written information given by any Euroservers employee will create a warranty; nor may you rely on any such information or advice.

    The terms of this section shall survive any termination of this agreement.

    21. Limitation of Liability; Waiver & Release

    You agree that no Euroservers employee, under any circumstances, shall be held responsible or liable for situations where the Services are accessed by third parties through illegal or illicit means, including situations where such data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to Euroservers at the time) which may exist in the Services or Euroservers’ equipment used to provide the Services.

    Under no circumstances, including negligence, shall any Euroservers employee be liable for any indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data, or use by you, any of your customers or any other third party, whether in an action in contract or tort or strict liability or other legal theory, even if Euroservers has been advised of the possibility of such damages. No Euroservers employee shall be liable to you, any of your customers or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, termination of the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, bots, worms, defects, delays in operations, denial of service attack, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to your records, programs, equipment or services.

    Notwithstanding anything to the contrary in this agreement, Euroservers’ maximum liability under this agreement for all damages, losses, costs, and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) shall not exceed the actual euro amount paid by you for the Services which gave rise to such damages, losses and causes of actions during the 12 (twelve) month period prior to the date the damage or loss occurred or the cause of action arose.

    You understand, acknowledge, and agree that if Euroservers takes any corrective action under this agreement because of an action of you or one of your customers, that corrective action may adversely affect other customers of yours and you agree that Euroservers shall have no liability to you, any of your customers due to such corrective action by Euroservers.

    This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this agreement. The terms of this section shall survive any termination of this agreement.

    22. Indemnification

    You agree to indemnify, defend and hold harmless Euroservers and its parent, subsidiary, and affiliated companies, and each of their respective officers, directors, employees, shareholders, and agents (each an “indemnified party” and, collectively, “indemnified parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to (i) your use of the Services; (ii) any violation by you of the Terms of Service; (iii) any breach of any representation, warranty or covenant of yours contained in this agreement; or (iv) any acts or omissions of yours.
    The terms of this section shall survive any termination of this agreement.

    23. Notices

    You agree that any notices required to be given under this Agreement by us to you will be deemed to have been given if delivered in accordance with the account and/or domain name WHOIS information you have provided.

    24. Legal Age

    You attest that you are of legal age to enter into this Agreement.

    25. Final Agreement

    This Agreement, together with all modifications, constitute the complete and exclusive agreement between you and us, and supersede and govern all prior proposals, agreements, or other communications.
    This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of Euroservers.

    26. No Agency Relationship

    Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto.
    Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.

    27. Enforceability

    In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole.
    We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.

    28. Force Majeure

    Euroservers shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for the provision of the Services.

    29. Headings

    The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.

    30. Changes to the Terms

    Euroservers may change these Terms of Service, in whole or in part, at any time at its sole discretion.
    Posting of such changed Terms on euroservers.com shall constitute notice of such changes to you, although Euroservers may choose additional types of notice.
    Your continued use of the Services following notice constitutes your acceptance of all changes.
    If you do not agree to any such changes, your sole and exclusive remedy is to terminate your account as described above.

    If you have any questions about these Terms of Service, please contact us at [email protected].

    Last updated: 15/07/2025

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