Service-Level Agreement (SLA) - Hostium

1. Introduction

This Service-Level Agreement ("SLA") is a policy governing the use of the free web hosting services ("Services") provided by Hostium ("Company") to users ("You" or "User"). By using our Services, you agree to be bound by this SLA, as well as our Terms of Service and Privacy Policy.

2. No Warranties

2.1 Service Availability

Hostium provides services on an "as-is" and "as-available" basis. We make no guarantees or warranties regarding the uptime, reliability, or availability of our services. Hostium is not responsible for any disruptions, delays, or interruptions in service, regardless of the cause.

2.2 No Guarantees of Performance

Hostium does not guarantee the performance, speed, or results of using our services. We do not warrant that the services will meet your specific requirements or that the operation of the services will be uninterrupted or error-free.

3. Limitation of Liability

3.1 Maximum Liability

To the fullest extent permitted by applicable law, Hostium’s total liability to you for any claims, damages, losses, or liabilities arising out of or in connection with the use of our services shall be zero. Hostium shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, or any other damages, whether in an action in contract, tort (including but not limited to negligence), strict liability, or otherwise.

3.2 User Responsibility

You are solely responsible for the use of our services. You agree to indemnify, defend, and hold harmless Hostium, its affiliates, and their respective officers, directors, employees, and agents from any and all claims, liabilities, damages, losses, and expenses (including legal fees) arising out of or related to your use of the services, including any content you upload, store, or transmit through our services.

3.3 No Responsibility for Content

Hostium does not control or monitor the content uploaded by users and is not responsible for any user-generated content. You agree that you are solely responsible for the legality, accuracy, and appropriateness of any content you upload or transmit through our services.

4. User Obligations

4.1 Compliance with Laws

You agree to use the services in compliance with all applicable laws and regulations. You are solely responsible for ensuring that your use of the services complies with all relevant laws, including but not limited to data protection and intellectual property laws.

4.2 Data Security

While Hostium employs reasonable security measures to protect your data, you acknowledge that the transmission of data over the internet is inherently insecure. Hostium does not guarantee the security of any data transmitted to or from our services. You are responsible for maintaining the security of your account credentials and any data you store or transmit through our services.

4.3 Backups

You are responsible for maintaining backups of your data. Hostium is not responsible for any loss of data, regardless of the cause. We recommend that you regularly back up any content or data stored on our services.

5. Indemnification

You agree to indemnify, defend, and hold harmless Hostium, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including legal fees) arising out of or related to your use of the services, your violation of this SLA, or your infringement of any intellectual property or other rights of any third party.

6. Dispute Resolution

6.1 Informal Negotiations

In the event of any dispute arising out of or in connection with this SLA, the parties agree to first attempt to resolve the dispute through informal negotiations.

6.2 Arbitration

If the dispute cannot be resolved through informal negotiations, it shall be resolved by binding arbitration in Germany. The decision of the arbitrator shall be final and binding on both parties.

6.3 Governing Law

This SLA shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law principles.

7. Termination

Hostium reserves the right to suspend or terminate your access to the services at any time, without notice, if we believe you are in violation of this SLA or any other applicable terms or policies.

8. Modifications

Hostium reserves the right to modify this SLA at any time. Any changes will be effective immediately upon posting on our website. Your continued use of the services after any changes to the SLA will constitute your acceptance of the changes.

9. Miscellaneous

9.1 Severability

If any provision of this SLA is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this SLA will otherwise remain in full force and effect.

9.2 Entire Agreement

This SLA, together with our Terms of Service and Privacy Policy, constitutes the entire agreement between you and Hostium regarding the use of our services.