The following website www.servers.com including the SERVERS Self Service Centre (together the “Websites”), are operated and made available to you (the customer) by Servers.com (hereinafter “SERVERS”). The following terms and conditions (the “Terms of Use”) shall apply to your use of the Websites, including any content and functionality offered on the Websites and regardless of whether you gain access to the Websites through the above URLs or any other URL that resolves to the Websites. General conditions used or applied by you shall not be applicable to your use of the Websites, unless expressly stipulated otherwise in an agreement and agreed upon in writing by SERVERS. Your use of the SERVERS services constitutes automatic acceptance of this Agreement.
SERVERS may revise and update these Terms of Use from time to time at its sole discretion. SERVERS encourages you to check this page from time to time to take notice of any changes SERVERS has made. Your continued use of the Websites following the posting of revised Terms of Use means that you accept and agree to the changes.
These Terms of Use shall only govern your access to and use of the content and functionality offered on the Websites. You may order goods and services through the Websites from SERVERS affiliates (including SERVERS)., and your order of such goods and services, the provision thereof by the relevant SERVERS affiliate, and your use thereof, shall all be governed by a separate agreement between you and the relevant SERVERS affiliate. SERVERS shall not be a party to said separate agreement, and SERVERS shall not be liable or responsible in any way for the provision or use of the services and/or products under said separate agreement. The Websites may contain tools or features that can be used to communicate with any of these SERVERS affiliates regarding goods and services that you have ordered with these SERVERS affiliates (including but not limited to providing tools or features for providing instructions to these SERVERS affiliates, requesting support, and managing products or services). SERVERS’s involvement with regard to these tools and features shall be limited to enabling communication between you and the relevant SERVERS affiliates.
In no event shall SERVERS be liable to you for (i) any loss of profits, contracts or goodwill or any type of special, indirect, consequential or economic loss (including loss or damage suffered as a result of an action brought by a third party) caused by or resulting from any use of the Websites, (ii) any damages or losses caused by or resulting from any downloads obtained from the Websites or any use of any hyper‐linked websites, (iii) any damages or losses caused by or resulting from the unavailability of the Websites from time to time or from your inability to use or access the Websites, (iv) any damages or losses caused by or resulting from any failure or omission of a SERVERS affiliate in connection with the provision of any of the SERVERS affiliate’s service or products, (v) any damages or losses caused by or resulting from errors in or interruption of the Websites, and (vi) any damages or losses caused by or resulting from any inaccurate, incomplete or unsuitable information and materials found or offered on the Websites.
Your use of the Websites shall be at your risk and responsibility. SERVERS provides each of the Websites “as is” and “as available” and without any warranty or condition. Without prejudice to the generality of the foregoing, SERVERS does not warrant that the Websites will operate without interruptions, be timely, secure or error‐free, or that the information and materials found or offered on the Websites are accurate, complete or suitable.
Access to and use of certain areas of the Websites are restricted to authorized users only. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify SERVERS if your password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised.
SERVERS grants you access to restricted password restricted areas of the Websites, SERVERS grants you a non‐exclusive, non‐ transferable, non assignable, non‐sublicensable and royalty free right to use these areas. Said licence shall be limited to (i) viewing the information and performance data, and (ii) using the features included in these areas for the ordinary course of your business. You shall observe each and any instruction of SERVERS regarding the use of said restricted areas of the Websites. SERVERS reserves the right to suspend or revoke, in its sole discretion, this license and to prevent you from accessing all or any portion of said areas of the Websites without liability on the part of SERVERS if (i) you act in violation of any of these Terms of Use, or (ii) if any of the SERVERS affiliates with whom you have entered into an agreement with for the provision of Goods or Services notifies SERVERS that it has suspended the provision of goods or services under such agreement or that such agreement has been terminated.
You agree (i) not to gain or attempt to gain unauthorized access to any password restricted areas of the Websites or to information contained in such areas of the Websites, (ii) not attempt to evade authentication or security procedures, (iii) not to access or use the Websites in any manner that could damage, disable, overburden, or impair SERVERS’s computer systems or networks, (iv) not to use any robot, spider, scraper or other automated means to access the Websites, and (v) not to assist, encourage or permit any other person to do any of the above things.
If the Websites contain hyperlinks to other third party websites, these links are provided for your convenience only. These hyperlinks will let you leave the Websites. SERVERS has no control over the contents of said third party websites, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Websites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The information and materials contained on the Websites are protected by copyright and sui generis database rights. You must not use, copy, modify, transmit, store, publish or distribute the material on the Websites, or create any other material using materials on the Websites, without obtaining the prior written consent of SERVERS.
All trade names, logos, brand identities, slogans, service marks, and trademarks appearing in the Websites, are protected by national, EU and other international laws. You are not entitled to use such marks without the prior written permission of SERVERS.
The Websites, products, technology and processes contained in the Websites may be the subject to patents owned by SERVERS or by third parties. No license is granted in respect of those intellectual property rights other than as explicitly set out in these terms.
This Agreement shall be construed and enforced in accordance with the laws of The Netherlands and you hereby consent to the jurisdiction of the courts of Amsterdam, The Netherlands with respect to any dispute, controversy or other matter relating to or arising out of the Agreement.