Terms and Conditions

1. General - Scope of Application

1.1 The following Terms and Conditions apply to all business relationships between the Customer and W3 DATA TECHNOLOGIES LLC and W3 DATA TECHNOLOGIES PVT LTD, collectively referred to as "W3DATA" or "we/us." These Terms and Conditions form an integral part of all contracts with the Customer. They also apply to future services and offers, even if the Customer does not explicitly agree to them again.

1.2. The terms and conditions of our Customers or third parties are not applicable and are not part of the contract, even if we do not separately object to their application in individual cases.

1.3. We reserve the right to amend these Terms and Conditions, System Policies, or pricing. Customers will be notified in advance through their registered email address or customer portal.

1.4. The conditions and policies specified herein apply in the order of precedence as listed.

1.5. Our employees and any third parties commissioned by them are not authorized to make verbal agreements or provide guarantees to Customers.

1.6. If domain services are part of the agreement, the terms governing domain allocation and registration will apply and can be accessed via our website or upon request.

2. Conclusion, Duration, and Termination of the Contract

2.1. A contract is concluded when the Customer submits an order and W3DATA accepts it as per Clause 2.4 of these Terms and Conditions.

2.2. W3DATA's offers are subject to change and non-binding. We reserve the right to implement technical or service modifications within reasonable limits.

2.3. The Customer declares that all information provided during account creation is accurate. Updates to Customer information must be submitted to W3DATA within 14 days of any changes. Supporting documentation may be requested to verify accuracy.

2.4. Upon placing an order and accepting these Terms, the Customer agrees to enter into a binding contract. W3DATA may accept or decline an order within five business days of receipt. Acknowledgment of the order does not constitute acceptance.

2.5. Contracts are established for an indefinite period unless otherwise agreed upon.

2.6. Either party may terminate the agreement with 30 days' notice before the end of a billing period. Termination can be executed through email, postal communication, or the W3DATA customer portal.

2.7. W3DATA reserves the right to terminate the contract without notice for significant breaches, including non-payment, abuse of services, or actions that compromise system security or integrity.

2.8. Transfer of contractual rights or obligations to third parties requires prior written consent from W3DATA.

3. Scope of Services

3.1. The scope of W3DATA’s services is defined in the product description at the time of order. W3DATA reserves the right to modify or discontinue free services with prior notice or impose fees for these services.

3.2. For domain-related services, W3DATA only facilitates the registration process and does not guarantee domain availability or allocation by registry authorities.

3.3. W3DATA aims to ensure a 99.9% average annual uptime for network availability at its data centers, barring maintenance or unavoidable disruptions.

3.4. Restrictions applicable to services are detailed in W3DATA’s Service Policies, available on our website.

3.5. Allocation of IP addresses is dynamic and may change with prior notice. Customers may not claim specific IPs.

3.6. Additional technical support services beyond standard service descriptions are available for a separate fee.

4. Payment Conditions and Late Payments

4.1. Service fees are invoiced according to the pricing available on www.w3data.eu plus applicable taxes. Shipping costs for physical goods, where applicable, are included.

4.2. Payments are processed monthly, quarterly, or annually, as agreed. Customers must adhere to the terms of their payment providers.

4.3. Interest on overdue payments is charged per § 288 of the applicable laws.

4.4. Customers are responsible for any fees, taxes, or penalties incurred through service use or authorized third-party access.

5. Administrator Rights and Responsibilities / Data Security

5.1. Customers with administrator access to root and cloud servers assume full responsibility for managing, securing, and maintaining their servers.

5.2. Customers must ensure their actions do not compromise the security or integrity of W3DATA's infrastructure. Any misuse, including open mail relays or malicious activities, may result in service suspension or termination.

5.3. Managed server products provide basic usage rights, monitored 24/7 for disruptions. Advanced support exceeding 15 minutes will incur additional charges, agreed upon beforehand.

5.4. Customers are obligated to maintain up-to-date backups of their data, including external storage copies. Data loss recovery efforts are the Customer’s responsibility.

6. Data Protection

6.1. Compliance with Data Protection Laws
All data processing activities are conducted in accordance with the General Data Protection Regulation (GDPR) and other applicable data protection laws. Customers can refer to our Privacy Policy for detailed information on how we handle personal data.

6.2. Customer Responsibility for Third-Party Data
If the Customer processes personal data of third parties using our services, the Customer remains the sole data controller as per GDPR. W3DATA acts as a data processor only if a Data Processing Agreement (DPA) is signed between both parties. Such an agreement may include EU standard contractual clauses for services hosted in non-EU countries.

6.3. Obligations of the Customer
It is the Customer’s responsibility to inform W3DATA of any personal data processing, including:

• The purpose of the processing.
• Categories of data subjects and personal data involved.

If no DPA is signed, W3DATA assumes that no personal data of third parties is being processed, and no additional compliance measures will be taken.

6.4. Data Security
While W3DATA implements industry-standard security measures, the Customer acknowledges that complete protection of data transmissions over the internet cannot be guaranteed. The Customer is solely responsible for ensuring the security and proper backup of their data.

7. Use by Third Parties

7.1. Granting Third-Party Access
The Customer may grant access to services provided by W3DATA to third parties. However, the Customer remains the sole contractual party and retains full responsibility for compliance with the agreement.

7.2. Obligations When Granting Access
The Customer must ensure that third parties adhere to all applicable legal and contractual provisions.

7.3. Liability for Third-Party Use
The Customer is fully liable for any breaches of contractual obligations by third parties and indemnifies W3DATA against all claims or damages arising from such breaches.

8. Use of Services and Content

8.1. Legal Compliance
The Customer must comply with all applicable laws, including intellectual property, competition, and data protection laws, in using W3DATA services. Any legal breaches are the sole responsibility of the Customer, who indemnifies W3DATA against third-party claims.

8.2. Prohibited Content
The Customer must not publish or host content that:

• Violates intellectual property or privacy rights.
• Includes defamatory, obscene, extremist, or illegal material.
• Promotes gambling, child endangerment, or criminal activities.
• Is offensive to public decency.

8.3. Prohibited Activities
The Customer is prohibited from using W3DATA services for:

• Sending spam emails or unauthorized advertisements.
• Providing false sender information in emails.
• Cryptocurrency mining, farming, or plotting.

W3DATA reserves the right to suspend accounts or services if these terms are violated.

8.4. Removal of Illegal Content
If W3DATA identifies illegal activities or receives notifications as per the Digital Services Act (DSA), it may request the immediate removal of the content or restrict access to the service.

9. Liability

9.1. Limitation of Liability
W3DATA is only liable for damages caused by gross negligence or intent. For other breaches, liability is limited to foreseeable damages and capped at 100% of the monthly service fee.

9.2. Customer Liability
The Customer is liable for any breaches of Section 8, including compensation for damages and legal costs incurred by W3DATA. The Customer indemnifies W3DATA from any third-party claims arising from such breaches.

10. Warranty

10.1. If the service involves delivery of goods, claims for defects must be submitted within 12 months of delivery. W3DATA is not liable for defects in used goods.

10.2. Claims for damages related to gross negligence, intent, or injury to life, limb, or health are governed by statutory law.

11. Right of Lien

The Customer grants W3DATA a lien on equipment or materials installed in W3DATA facilities to cover outstanding debts. If the Customer fails to settle debts within 10 working days after notification, W3DATA reserves the right to enforce the lien.

12. Cancellation Policy

12.1. Right to Cancel
The Customer may cancel the contract within 14 days of agreement without stating a reason. To cancel, the Customer must provide a clear written notice to:
W3 Data Technologies LLC
[Contact Address]
Email: [support@w3data.eu]

12.2. Refund Policy
In case of cancellation, all payments will be refunded within 14 days, using the original payment method unless otherwise agreed. If services have commenced, a pro-rata charge will apply.

12.3. A cancellation form is available at https://w3data.eu/legal/cancellation-form.

13. Dispute Resolution

The EU Commission provides an online dispute resolution platform (ODR) at https://ec.europa.eu/consumers/odr. W3DATA does not participate in consumer arbitration.

14. Final Provisions

14.1. Applicable Law
The laws of the Federal Republic of Germany apply, excluding international private law and the UN Convention on Contracts for the International Sale of Goods.

14.2. Jurisdiction
The exclusive place of jurisdiction for disputes is [Insert Jurisdiction], unless overridden by statutory provisions.

14.3. Severability Clause
If any provision is found to be invalid, the remaining terms remain effective. The invalid provision will be replaced by one that aligns as closely as possible with its intended purpose.

Version: 1.0.0
Last Updated: 23/11/2024

SPECIAL TERMS AND CONDITIONS FOR W3 DATA TECHNOLOGIES GMBH SERVICES IN THE EUROPEAN UNION (ONLY APPLICABLE TO ALL CUSTOMERS LOCATED IN THE EUROPEAN UNION)

1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU IN ADDITION TO THE TERMS AND CONDITIONS OF W3 DATA TECHNOLOGIES GMBH. PLEASE READ IT CAREFULLY. BY PLACING AN ORDER FOR SERVICES FROM W3 DATA TECHNOLOGIES GMBH IN THE EUROPEAN UNION, YOU ACCEPT AND ARE BOUND BY THESE SPECIAL TERMS AND CONDITIONS. YOU MAY NOT ORDER OR OBTAIN SERVICES FROM W3 DATA TECHNOLOGIES GMBH IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE UNDER 18 YEARS OF AGE OR (i) ARE UNDER THE LEGAL AGE TO FORM A BINDING CONTRACT WITH W3 DATA TECHNOLOGIES GMBH OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENT OR SERVICES BY APPLICABLE LAW. SHOULD ANY OF THESE SPECIAL TERMS AND CONDITIONS CONTRADICT THE TERMS IN THE PRESENT TERMS AND CONDITIONS, THESE SPECIAL TERMS AND CONDITIONS TAKE PRECEDENCE AND ARE APPLICABLE OVER ANY OTHER TERMS AND CONDITIONS OF W3 DATA TECHNOLOGIES GMBH.

These Special Terms and Conditions ("Terms") apply to the purchase and sale of services (“our Services”) via W3DATA.CLOUD (the "Site") in the European Union (the “EU”) in addition to the general TERMS AND CONDITIONS. See https://www.w3data.eu/legal/terms-and-conditions/.

These Terms are subject to change by W3 DATA TECHNOLOGIES GMBH (referred to as "us", "we", or "our" as the context may require) with prior written notice at any time and at our sole discretion. The latest version of these Terms will be posted on the Site, and you should review these Terms before purchasing any services that are available through the Site.

Your continued use of the Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes. If you do not agree to be bound by these Terms as last revised, do not use (or continue to use) the Site or the Services.

In addition, we may terminate your use of the Services if you violate or breach any of these Terms.

WE RESERVE THE RIGHT TO MODIFY, CHANGE, OR DISCONTINUE AT ANY TIME ANY ASPECT OF THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, OUR PRICES AND FEES FOR THE SITE AND SERVICES.

If you order or obtain services on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms "you", "your", "User" or "Customer" shall refer to said corporate entity.

If, after your electronic acceptance of this Agreement, we find that you do not have the legal authority to bind said corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations.

We shall not be liable for any loss or damage resulting from our reliance on any instruction, notice, document, or communication reasonably believed by us to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document, or communication, we reserve the right (but undertake no duty) to require additional authentication from you.

You further agree to be bound by these Terms for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.

You should also carefully review our Privacy Policy before placing an order for Services through the Site (see https://www.w3data.eu/legal/privacy-policy).

2. Order Acceptance and Cancellation.

Our offers are subject to change. You agree that your order is a legally binding contract and that you accept these Terms regarding all Services listed on your order. All orders must be accepted by us or we will not be obligated to provide Services to you. We may, at our sole discretion, choose not to accept any orders. After having received your order, we will send you an immediate confirmation email confirming the receipt of your order. The confirmation email is not an acceptance of the order and is not contractually binding. We are entitled to accept the order within five (5) work days after we have received your order. When we accept your order, we will send an email with your order number and the details of the items you have ordered. We will not become legally bound to process your order and be legally bound to the terms in this Agreement until we have sent you your order acceptance email. We may choose to combine the confirmation email and the order acceptance email in one email.

3 Prices and Payment Terms.

(a) We expressly reserve the right to make changes to prices by giving you prior written notification via your customer account or using the email address you enter in your contact information.

We are not responsible for pricing, typographical, or other errors in any of our offers, and we reserve the right to cancel any orders arising from such errors.

(b) The terms of payment are within our sole discretion. Depending on the contractual agreement, we process monthly, quarterly or annual invoices using the agreed means of payment. The Customer is obligated to comply with the terms and conditions of the payment service they use to pay their invoice.

You represent and warrant that: (i) the payment information you supply to us is true, correct, and complete, (ii) you are duly authorized to use said payment method for the purchase, (iii) you or your payment provider will honor charges you incur, and (iv) you will pay charges you incur at the posted prices, including all applicable taxes, if any.

4. Published Content.

We are not obligated to review your content. It is your responsibility to identify the content as your own or as third-party content. You are not allowed to publish content that may violate the rights of third parties or otherwise violate federal or any state law of the US. You are not allowed to publish content that may violate the rights of individuals or groups of people, or that insults or denigrates these people.

You are not allowed to publish any content that infringes upon the rights of third parties or otherwise violates the law. This includes, in particular, but is not limited to, pornographic or obscene material, extremist content, or content that offends common decency, gambling, and material that could seriously endanger the morals of children or young people; this also includes the publication of defamatory content, insults, or disparagement of persons or groups of persons. Furthermore, the operation of applications for mining cryptocurrencies is prohibited. This includes, but is not limited to, mining, farming, and plotting of cryptocurrencies.

In the case of non-compliance, we are entitled to lock your access to the Service and/or to your account.

5. Third-Party Rights of Use.

You are entitled to allow third parties to use the services we provide. You remain our sole contractual partner and are fully liable for any violations of our general Terms and Conditions, the Special Terms and Conditions, and all contractual obligations that arise from the use of the third party to whom you have granted access to the Service.

If you transfer user rights to your W3DATA Services to a third party, you are obligated to ensure that all legal and contractual provisions are followed at the time of transfer. This is true for any changes that require the cooperation of the third party.

If other problems arise from granting third-party user rights, you shall be fully liable for all damages resulting from such actions, and you shall further indemnify us against all claims made against us by the third party or others.

6. Backups and Data Loss.

YOU ACKNOWLEDGE THAT YOU BEAR SOLE RESPONSIBILITY FOR THE ADEQUATE SECURITY, PROTECTION, AND INTEGRITY OF YOUR CONTENT.

You are responsible for making regular backups (backup copies) of your data; the backups should be stored outside the server provided by us. If data is transmitted to us on your servers, you are obligated to make regular backup copies of the data. You are obligated to perform a complete data backup prior to any changes you make on your own behalf or on behalf of a third party. If there is nonetheless a loss of data, you are obligated to transfer the relevant data files to us again free of charge or to restore the data yourself.

7. Contract Duration and Termination.

The contracts will continue and automatically renew themselves until terminated by either party. You or we may terminate the contract with written notice, subject to the terms outlined herein. Termination will be effective immediately upon receipt of the notice, or as otherwise stipulated.

8. No Spam; Liquidation Damages.

(a) No Spam. We do not tolerate the transmission of spam. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation.

We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE), or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications.

We will not allow our servers and services to be used for the purposes described above. To use our products and services, you must abide by all applicable laws and regulations, including the CAN-SPAM Act of 2003 and the Telephone Consumer Protection Act, and our no spam policy.

If we determine the account, products, or services in question are being used in association with spam, we may suspend or cancel any account, website hosting, domain registration, email boxes, or other applicable products or services. In such event, and at our sole discretion, we may require you to respond by email to us stating that you will cease to send spam and/or have spam sent on your behalf. We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by email to abuse@w3data.cloud.

(b) Service Termination for Spam Violations. You agree that we may immediately terminate any account that we believe, at our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email.

9. Intellectual Property Use and Ownership.

You acknowledge and agree that:

(a) You will comply with all terms and conditions of the specific license agreement for any product or service you obtain through the Site, including, but not limited to, all confidentiality obligations and restrictions on resale, use, reverse engineering, copying, making, modifying, improving, sublicensing, and transferring those licensed products and services.

(b) You will not cause, induce, or permit others' noncompliance with the terms and conditions of any of these product and service license agreements.

(c) We and our licensor(s) are and will remain the sole and exclusive owners of all intellectual property rights in and to each product and service made available on the Site and any related specifications, instructions, documentation, or other materials, including, but not limited to, all related copyrights, patents, trademarks, and other intellectual property rights, subject only to the limited license granted under the product's or service's license agreement. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through the Site, or of any intellectual property rights relating to those products or services.

10. Privacy.

Our Privacy Policy, https://www.w3data.eu/legal/privacy-policy/, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site. Your data is, and at all times shall remain, your exclusive property. We will not use or disclose your data except as materially required to perform our services or as required by law.

If you wish to process personal data of third parties using our services, you remain the sole responsible party in terms of data protection law.

11. Assignment.

You will not assign any of your rights or delegate any of your obligations under these Terms and other contractual rights and obligations without our prior written consent. Any purported assignment or delegation in violation of section 5 of this Agreement is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. A valid assignment and delegation needs to include the signature of the assignee/assignor and delegatee/delegator.

12. No Waivers.

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of us.

13. No Third-Party Beneficiaries / No Extra-Contractual Relationships.

These Terms do not and are not intended to confer any rights or remedies upon any person other than you. The parties shall be deemed as independent contractors and nothing in these Special Terms and Conditions is intended to or does create any type of joint venture, creditor – debtor, escrow, partnership, or any employer/employee or fiduciary or franchise relationship between you and us (or any of our affiliates).

14. Notices.

(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting notices on the Site. Notices we send by email will be effective when we send the email, and notices we provide by posting them on the Site will be effective upon posting. It is your responsibility to keep your email address current. We assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.

(b) To Us. To give us notice under these Terms, you must contact us as follows: (i) by facsimile transmission to +49 (0)9831 505-3; or (ii) by personal delivery, overnight courier or registered or certified mail to Industriestr. 25, 91710 Gunzenhausen, Germany. We may update our facsimile number or postal address by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

15. Links to Third-Party Websites.

The Site and our Services may contain links to third-party websites that are not owned or controlled by us. We assume no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, we do not censor or edit the content of any third-party websites. By using the Site or our Services, you expressly release us from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware of when you are leaving our Site or the Services found at our Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

16. DISCLAIMER OF REPRESENTATION AND WARRANTIES.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES SHALL BE AT YOUR OWN RISK AND THAT THE SITE AND OUR SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE", AND

17. LIMITATION OF LIABILITY.

IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THE SITE; (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (VIA HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE SITE; (III) OUR SERVICES OR ANY SITES LINKED (VIA HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE SITE; (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER; (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN; (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THE SITE OR ANY SITES LINKED (VIA HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THE SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE SITE; (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, IS PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE; AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SITE OR OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY EXCEED 100% OF THE MONTHLY FEE OF THE SERVICE WE PROVIDE TO YOU.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THE SITE OR OUR SERVICES.

18. INDEMNIFICATION.

You agree to protect, defend, indemnify and hold harmless us and our officers, directors, employees, agents, and third-party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by us directly or indirectly arising from (i) your use of and access to the Site or our Services; (ii) your violation of any provision of these Terms or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of these Terms or your use of the Site or our Services.

19. U.S. EXPORT LAWS.

The Services we provide in the USA are subject to the export laws, restrictions, regulations, and administrative acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control (“OFAC”), State Department, and other United States authorities (collectively, “U.S. Export Laws”). You shall not use our Services to collect, store, or transmit any technical information or data that is controlled under U.S. Export Laws. You shall not export or re-export, or allow the export or re-export of, our Services in violation of any U.S. Export Laws. None of our Services may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident thereof) any country with which the United States has embargoed trade; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Persons List, or any other denied parties lists under U.S. Export Laws. By using the Site and our Services, you agree to the foregoing, represent and warrant that you are not a national or resident of, located in, or under the control of, any restricted country; and you are not on any denied parties list; and you agree to comply with all U.S. Export Laws (including “anti-boycott”, “deemed export” and “deemed re-export” regulations). If you access the Site or our Services from other countries or jurisdictions, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws. If such laws conflict with U.S. Export Laws, you shall not access the Site or use our Services. The obligations under this section shall survive any termination or expiration of these Terms or your use of the Site or our Services.

20. AVAILABILITY OF WEBSITE AND SERVICES.

Subject to these Terms and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide the Site and our Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time the Site and our Services may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of the Site or Services on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.

21. FORCE MAJEURE.

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, floods, fires, earthquakes, explosions, governmental actions, wars, invasions or hostilities (whether war is declared or not), terrorist threats or acts, riots or other civil unrest, national emergencies, revolutions, insurrections, epidemics, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delays in obtaining supplies of adequate or suitable materials, material defects, telecommunication breakdowns or power outages.

22. Governing Law and Jurisdiction.

All matters arising out of or relating to these Terms and the contractual relationship are governed by and construed in accordance with German law without giving effect to any choice or conflict of law provision or rule that would cause the application of the law of any jurisdiction – including international jurisdiction – other than German law. The place of jurisdiction for all disputes arising from the contractual relationship is our registered office in Leiman, Germany. However, we are entitled in all cases to take legal action at your place of business. Overriding statutory provisions, in particular, exclusive jurisdiction, shall remain unaffected.

23. Dispute Resolution and Binding Arbitration.

(a) IN THE EVENT THAT SECTION 22 IS NOT APPLICABLE BY LAW, THE FOLLOWING RULES SHALL APPLY.

(b) YOU AND WE AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES VIA THE SITE WILL BE RESOLVED EXCLUSIVELY AND CONCLUSIVELY BY BINDING ARBITRATION.

(c) The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this section of this Agreement. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

(d) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver, and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found to be unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

24. Severability.

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

25. Entire Agreement.

These Terms, any license agreement relating to any product or service you obtain on or via the Site, our System Policies, and any domain name registration agreement you obtain on or via the Site will be deemed the final and integrated Agreement between you and us on the matters contained in these Terms.

CONTACT INFORMATION
If you have any questions about this Agreement, please contact us by email or regular mail at the following address:

We W3 DATA TECHNOLOGIES GmbH
Kurpfalz Center 10, Leimen
D-69181, Germany

Tel.: + 49 6224 1419961
Email: support@w3data.eu