Contract for the use of hosting services

Contract for the use of Hosting services

AGREEMENT

The Agreement refers to each buyer ("You") and "we" (Xstart Modular Software S.R.L / XMS). This Agreement explains our obligations as well as your obligations for the various services we provide. By using the Services under this Agreement, You confirm that you have read and agree to all its terms and conditions. The existing rules and policies may be modified later without prior notice.

DOMAINS

Domain registration is done upon request, but we do not verify whether the selected name or its use infringes on the legal rights of others; this responsibility is yours. You must be aware that a court may order us to cancel, modify, or transfer the domain name. You must be aware that if we are sued or threatened with legal action regarding your domain name, we will turn to you to defend our innocence and to compensate us for damages caused. Through this Agreement, you grant us the right to provide such information to third parties. Through this Agreement, you confirm that the domain is not registered for unlawful purposes and that the use of the domain name will not violate any current law or regulation. XMS does not sell or lease domains; they are available either under our registration or through the owner's consent under the Share option.

SHARE

Share means that certain domains owned by third parties may be used with their consent. The same rules outlined in this Agreement apply to any Share. Individuals using a Shared domain do not become owners of that domain without the owner’s agreement. Individuals using a Shared domain are directly responsible for its integrity and content according to this Agreement.

CHANGES TO THE AGREEMENT

You agree to periodically check our website Client Info Section to stay informed of any revisions. If you do not agree with any revision of this Agreement, you may terminate it at any time by sending us an email or regular mail. The termination notice will be effective upon our receipt and processing of it. According to the rules for registering domain or subdomain names, XMS may suspend the Agreement in cases such as:
- the domain/subdomain is used for fraud or other illegal activities
- the domain/subdomain is used in a way that causes confusion among Internet users
- the domain/subdomain is managed in a way that may compromise DNS operations.
You agree that any failure to comply with the provisions of this Agreement may be considered a violation by us and we may send you a written notice describing the abuse.

DOMAIN NAME DISPUTES

You agree that in the event of a domain name dispute with a third party, you will defend our innocence and bear the compensation costs. If mediation fails, both the claimant and You may resolve the dispute in a Romanian court.

ANNOUNCEMENTS

We reserve the right to distribute informational content which may include notes about changes, modifications, new products, or other details intended to secure or improve your online presence.

FEES

All fees are non-refundable in case of contract violations, unless specifically stated otherwise. Additionally, you agree:
- to provide current, complete, and accurate information about yourself as required during the registration process, and
- to maintain and update this information as necessary to keep it current, complete, and accurate.

LIMITATION OF LIABILITY

You agree that our entire liability is limited. XMS shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from the use or inability to use the Services or the cost of procuring substitute services. Xstart Modular Software S.R.L is not responsible for the content of websites hosted/registered through us. The registrant agrees that we cannot be held responsible for any loss related to the registration and use of the registrant's domain name, business interruption, or any other indirect, special, incidental, or consequential damages of any kind (including loss of profits), regardless of form—contract, tort, negligence, or otherwise—even if we were advised of the possibility of such damages. You agree that by registering or reserving/using your chosen domain name, it does not grant you immunity in case of objections regarding the registration, reservation, or use of that domain name.

APPLICABLE LAW

This Agreement shall be governed, interpreted, and enforced in accordance with the laws of Romania. Any legal action related to this Agreement must be brought in Cluj-Napoca, and you submit to the jurisdiction of those courts.

MINORS

By accepting our services, you confirm that you are of legal age to enter into this Agreement.

ACCEPTANCE OF THE AGREEMENT

By accepting our services, including by paying the invoice issued by us, you confirm that you have read this Agreement and agree to all its terms and conditions and do not rely on any representation, warranty, or statement other than those set forth in this Agreement.