Hosting Agreement

Last revised: 2026-02-01

1. OVERVIEW

1.1. This Hosting Agreement (this “Agreement”) is entered into by and between SpaceLama Kft, the details of which are indicated in the SpaceLama’s Terms of Service, ("SpaceLama") and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of SpaceLama’s Hosting services (the “Services”), and represents the entire agreement between you and SpaceLama concerning the subject matter hereof.

1.2. Your electronic acceptance of this Agreement confirms that you have read, understand, acknowledge and agree to be bound by this Agreement, along with our Terms of Service, which is incorporated herein by this reference, and any other agreements or policies that are expressly incorporated herein.

1.3. The terms “SpaceLama”, “Provider”, “we”, “us” or “our” shall refer to SpaceLama. The terms “you”, “your”, “User” or “Customer” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

1.4. We may change or modify this Agreement, any policies or agreements which are incorporated herein, and any limits or restrictions on the Services, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. We may modify this Agreement, any policies incorporated herein, and any limits or restrictions on the Services from time to time. Material changes to these Terms shall become effective upon posting on the Website and, where required by applicable law, after prior notice provided to you via email or through your account control panel (“CPanel”) in a manner that allows you to store and reproduce the information. If you do not agree to the revised terms, you must discontinue use of the Services.Your use of the Services after such changes or modifications shall constitute your acceptance of this Agreement and any limitations to the Services as last revised. If you do not agree to be bound by this Agreement and any Service limitations as last revised, do not continue to use the Services. We may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account information current. We assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.

2. DESCRIPTION OF HOSTING SERVICES

2.1 Type of Service

2.1.1. The Service constitutes shared hosting.

2.1.2. Upon purchase, the Customer is provided with a hosting account administered through the cPanel control panel interface.

2.1.3. Multiple customer hosting accounts are provisioned on the same physical server infrastructure and utilize a single shared public IPv4 address assigned at the server level.

2.1.4. No dedicated or exclusive public IPv4 address is included in the Service unless expressly purchased as a separate add-on service.

2.2 Hosting Plans

2.2.1. Server resources are allocated per account in accordance with the selected hosting plan.

2.2.2. Differences between hosting plans are determined exclusively by the resource limits and functionalities specified in the selected hosting plan.

2.2.3. All technical specifications, service limits, and features included in each hosting plan are defined by the selected plan as published on the Website at the time of purchase and may be accessed and managed only through the cPanel control panel provided with the Service. The Customer acknowledges and agrees that the Service is provided subject to these published specifications and functionalities, and that any features, limits, or performance indicators not explicitly specified in the applicable hosting plan do not constitute a representation or warranty by SpaceLama.

2.2.4. Customers who act as resellers of the Hosting Services must ensure that any sub-accounts comply with this Agreement and the Terms of Service. The reseller is solely responsible for the actions of sub-account holders, including payments, content, abuse, and data protection compliance. SpaceLama may suspend or terminate the reseller account for violations by sub-accounts.

2.3 Infrastructure and Location

2.3.1. The Hosting Services are delivered using infrastructure provided by one or more third-party data center providers.

2.3.2. As of the date of this Agreement the infrastructure used to provide the Hosting Services is operated by Hetzner Online GmbH. Details about Hetzner’s infrastructure, including physical server locations, network, and technical specifications, are publicly available on the Hetzner Website (https://www.hetzner.com). Any applicable acceptable use restrictions or system policies of Hetzner are incorporated herein by reference and may be subject to change.

2.3.3. The Hosting Services may, at the Provider’s discretion, be migrated to or supplemented with infrastructure from other third-party providers without prior notice, provided that such changes do not materially reduce the level of service offered under the applicable Hosting Plan.

2.3.4. No country-specific processing or storage restrictions are contractually guaranteed beyond the physical infrastructure location described above. The Provider makes commercially reasonable efforts to comply with applicable laws regarding data storage and processing.

2.3.5. All technical specifications, server locations, and service limits are published on the Website and form part of the Service description applicable at the time of purchase.

2.4 Separate Products

2.4.1. Domain names and SSL certificates constitute separate products and are not included in the Hosting Services unless expressly purchased as separate products.

2.4.2. This Agreement governs hosting services only and does not regulate domain name registration or SSL certificate services unless otherwise expressly stated.

2.4.3. Domain registration services provided by or through the reseller are subject to ICANN or applicable registry rules. The reseller must comply with all registration requirements, maintain accurate WHOIS data, and handle disputes in accordance with ICANN policies.

3. SERVICE ACTIVATION, TERM AND RENEWAL

3.1. Access to the Hosting Services is granted automatically upon receipt of full payment. The Provider shall not be liable for any delay in activation resulting from failed, incomplete, or disputed payment.

3.2. The Hosting Services are offered on either a monthly or yearly billing cycle, as selected by the Customer at the time of purchase. The renewal date shall be the last day of the applicable paid billing period. The Provider reserves the right to modify available billing cycles, hosting plans, resource allocations, or included features, in accordance with the terms published on the Website at the time of purchase or renewal.

3.3. The Provider may send reminders regarding upcoming renewals beginning approximately one (1) month prior to the renewal date. Failure to receive such reminders does not relieve the Customer of their obligation to pay for the Services on time.

3.4. No grace period applies. If full payment is not received by the renewal date:

(a) on the renewal date, the Hosting account may be suspended, and access to the Hosting Services, including websites, email accounts, and the cPanel control panel, may be restricted, limited, or disabled;
(b) the Hosting account and associated Services shall remain suspended until full payment is received.

3.5. During suspension, account data will be retained for thirty (30) calendar days. If full payment is not received within thirty (30) calendar days from the suspension date, the Hosting account and all associated data, including websites, databases, emails, and backups, may be permanently deleted without further notice or possibility of restoration.

3.6. The Provider may enter into written agreements with Customers to establish alternative billing cycles, resource allocations, features, SLA levels, or other terms (“Individual Agreements”). In the event of any conflict between an Individual Agreement and these standard terms, the Individual Agreement shall prevail with respect to the relevant Customer.

3.7. Individual Agreements for Enterprise or Negotiated Customers. The Provider may, at its discretion, enter into written agreements with enterprise Customers or other Customers who have negotiated specific terms (“Individual Agreements”) to establish alternative billing cycles, resource allocations, features, SLA levels, or other terms. In the event of any conflict between an Individual Agreement and these standard terms, the Individual Agreement shall prevail with respect to the relevant Customer.

3.8. Standard Hosting Plans. For Customers who do not have an Individual Agreement (“Standard Customers”), the Provider may, at its discretion, update, modify, or replace hosting plans, resource allocations, or features. Any changes shall be reflected on the Website and in the Customer’s cPanel account and shall apply in accordance with the terms published at the time of renewal or plan change. Individual Agreements for enterprise or negotiated Customers shall not be affected by changes applicable to Standard Customers. Resellers shall not use the Services in violation of applicable trade restrictions, sanctions, or high-risk jurisdiction prohibitions. All payments to SpaceLama must comply with local and EU anti-money laundering regulations.

3.9. Late Payment Fee. In the event that payment for the Hosting Services is not received by the due date, the Customer shall be liable to pay a late payment fee equal to ten percent (10%) of the applicable plan price:

(i) for monthly plans — ten percent (10%) of the monthly plan price;
(ii) for yearly plans — ten percent (10%) of the yearly plan price.

The late payment fee constitutes a contractual charge for late payment and does not relieve the Customer of its obligation to pay the full amount due. The imposition of this fee is without prejudice to any other rights or remedies available to the Provider under this Agreement or at law, including the right to suspend or terminate the Hosting Services for non-payment.

4. LIMITATIONS; ACCOUNT TERMINATION

4.1 Server Migration. You acknowledge and agree that, as part of routine operations, the Provider may migrate or reassign servers. As a result, even if you are assigned a dedicated IP address, the Provider does not warrant that such IP address or any other network identifier will remain the same, and you may be assigned a different IP address.

4.2 Termination of Services. Upon expiration, cancellation, or termination of the Hosting Services, the Customer must immediately cease use of the Services and relinquish all rights to any IP addresses, server names, or other resources assigned in connection with the Hosting Services, including redirecting or reconfiguring any DNS entries for domain name(s) away from the Provider’s servers. Prior to termination, it is the Customer’s sole responsibility to migrate or back up all website content, databases, emails, and other data hosted under the Services. The Provider is not obligated to transfer, export, or otherwise migrate such content to another provider or platform. Any content remaining on the Provider’s servers after termination may be permanently deleted without notice and without any ability for recovery.

4.3 Free Products and Credits. Any free products, credits, or trial services provided as part of the Hosting Services shall automatically expire upon termination of the Services and will not be reinstated.

4.4 No Liability for Data Loss. The Provider shall not be liable for any loss of data, content, or functionality resulting from suspension, termination, server migration, or deletion of resources under this Agreement, except to the extent expressly provided in a valid Individual Agreement with an enterprise Customer.

5. YOUR OBLIGATIONS

5.1. Abusive activities. You acknowledge and agree that you may not use our servers and your website as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and we reserve the right to remove sites containing information about hacking or links to such information. Use of your website as an anonymous gateway is prohibited. We prohibit the use of software or scripts run on our servers that cause the server to load beyond a reasonable level, as determined by us. You agree that we reserve the right to remove your website temporarily or permanently from our servers if you are in violation of this Agreement and/or there are activities that threaten the stability of our network. You acknowledge and agree that all websites associated with your hosting account may be removed if one website is in violation of this Agreement.

In addition to our Terms of Service, you agree not to engage in unacceptable use of the Services, which includes, without limitation, use of the Services to: (1) disseminate or transmit any material that, to a reasonable person may be grossly offensive, vulgar or malicious; (2) attempt to mislead any person as to the identity, source or origin of any communication; (3) interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which you do not have authorization to access or at a level exceeding your authorization; (4) engage in any other activity deemed by us to be in conflict with the spirit or intent of this Agreement or any of our policies; or (5) use your server as an “open relay” or for similar purposes.

The running of public recursive DNS services on any server or hosting account within our network, including those provisioned to resellers, is strictly prohibited. All recursive DNS services must be secured to allow only internal network access or a limited set of authorized IP addresses. SpaceLama actively monitors for unauthorized public DNS services and reserves the right to suspend or remove any hosting account or server that violates this restriction.

5.2. Storage and security. You shall be solely responsible for undertaking measures to: (1) prevent any loss or damage to your website or server content; (2) maintain independent archival and backup copies of your website or server content; and (3) ensure the security, confidentiality and integrity of all your website or server content transmitted through or stored on our servers.

5.3. Data protection and security. You shall be solely responsible and liable for compliance with applicable privacy and personal data protection requirements (including, but not limited to requirements laid down by General Data Protection Regulation (EU) 2016/679) (GDPR), which may be applicable to any personal information, data or content collect through, stored or otherwise processed in relation to Hosting Services on your website or server content. You shall at all times remain data controller of any such personal data without any liability of whatsoever nature to SpaceLama.

You acknowledge that SpaceLama may in certain limited cases have access to information and communications systems for the purposes set forth in this Agreement or our Terms of Service.

Without limitations to the generality of the foregoing, you shall be solely responsible for installation of organizational and technical security measures sufficiently protecting personal data stored or processed on your website or server. Consequently, you will be solely responsible for all and any data breaches, incidents and similar violations pertaining to such data, unless such data breach has occurred solely due to technical failures, malfunction or errors of the servers and resources, which SpaceLama has expressly warranted to secure to You and assume liability for such failures, malfunction or errors.

In case certain limited personal data processing activities are found to be carried out by SpaceLama, the following data processing clauses shall apply: (1) SpaceLama shall process personal data only according to your documented written instructions or only as mandatorily required by law; (2) make best efforts to implement reasonably available technical and organisational measures in order to ensure that personal data processing carried out complies with the requirements of GDPR and personal data protection legislation as regards security of processed personal data; you understand that the fact that available technical and organisational measures will be implemented in itself does not guarantee full and complete security, safety and integrity of personal data; (3) upon your request, SpaceLama will take reasonable measures to discontinue data processing after expiry of the Agreement and, if required by you and unless otherwise provided in applicable legislation, take reasonable measures to erase or in any other way make inaccessible and unusable or return to you all available personal data; (4) you shall undertake to ensure that personal data are collected and processed lawfully, are accurate, relevant and adequate, and that your instructions to SpaceLama are lawful, accurate, relevant, comply with the GDPR and personal data protection legislation; you shall notify data subjects of their data processing and transfer to SpaceLama in accordance with the requirements of GDPR and personal data protection legislation; (5) you grant SpaceLama with a general authorisation to engage sub-processors and service providers in the processing of personal data controlled by the you; (6) overall responsibility of SpaceLama hereunder shall be limited to the amount of remuneration for the last 6 (six) months paid to SpaceLama for the services under the Agreement.

5.4. Website/server content. You shall be solely responsible for providing, updating, uploading and maintaining your website or server and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through your website or server including, but not limited to, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. You acknowledge and agree that in the course of providing you with technical assistance, it may be necessary for our support staff to modify, alter or remove the content of your hosted product. Your website or server content shall also include any registered domain names provided by you or registered on behalf of you in connection with the Services.

5.5. Applicable laws. You are responsible for ensuring your website conforms to all applicable local, state, federal, and international laws. In cases where certain functionalities are required by laws of specific countries, You are solely responsible for implementing such functionalities (including by using third parties services, if required).

5.6. Taxes. You are responsible for collecting, and managing all end customer payments. Similarly, you are responsible for the payment of all applicable state, federal or international taxes on products you sell using the Services. It is your responsibility to read, enter into, and agree to all and any agreements required for use of your selected Payment Methods and Tax options. SpaceLama is not responsible for the accuracy of information obtained through the Payment Method and Tax options. You are responsible for any additional taxes and duties imposed on the transaction. You may be subject to foreign tax obligations by selling to buyers. You are solely responsible for complying with all domestic and foreign tax, shipping, and export laws with respect to the sale of your items to buyers internationally.

5.7. Resource Usage and Fair Use

5.7.1. You agree to use the Services within the resource allocations specified in your hosting plan. Excessive resource usage, including but not limited to CPU, RAM, storage, bandwidth, or number of accounts, which materially impairs the performance, stability, security, or availability of the Services, may result in еemporary throttling, limitation, or suspension of Services; кequirement to upgrade to a higher-tier plan; termination of Services for repeated or severe violations.

5.7.2. The Company reserves the right to monitor usage and take reasonable action to enforce fair use, protect infrastructure, and ensure service quality for all Customers.

5.8. The Company reserves the right to suspend or terminate any hosting account, including reseller or sub-accounts, for violations of this Agreement, abuse, illegal content, or actions compromising service stability, security, or other customers’ use.

6. PROVISIONS SPECIFIC TO WEB HOSTING

6.1 Resource Allocation and Plan Limits

6.1.1. All Hosting Services, including plans described as “unlimited,” are subject to technical, operational, system capacity, and fair usage limitations inherent to shared hosting environments.

6.1.2. Hosting Services are provisioned in accordance with the selected hosting plan, which defines resource allocations and applicable usage thresholds. Resource limits are enforced at the account level through automated system controls and isolation mechanisms intended to preserve platform stability, security, and equitable resource distribution.

6.1.3. Exceeding allocated resources may result in degraded performance, automated throttling, temporary unavailability, or temporary suspension of Services. Repeated or sustained excessive usage may require optimization, reduction of consumption, or upgrade to a higher-tier plan.

6.1.4. SpaceLama may modify technical configurations, resource thresholds, or service parameters where reasonably necessary for operational, infrastructure, commercial, security, or legal reasons. Such modifications shall not materially reduce the core functionality of the Hosting Services during an active billing period, except where required for security, compliance, or system stability.

6.1.5. Inbound UDP traffic may be restricted or unsupported in shared hosting environments due to architectural limitations.

6.2 Storage and Bandwidth

6.2.1. SSD storage capacity and monthly bandwidth allocations are set according to the selected hosting plan. Exceeding these allocations may result in temporary service limitations, degraded performance, or restricted functionality until usage is reduced or the plan is upgraded.

6.2.2. Exceeding allocated storage may result in restricted write operations, degraded performance, or temporary interruption of Services until usage is reduced or the plan is upgraded.

6.2.3. Bandwidth allocations reset at the beginning of each billing cycle. Exceeding bandwidth limits may result in temporary unavailability of account-level Services, including website or email functionality, until the next reset or until additional capacity is provisioned.

6.2.4. SpaceLama does not guarantee uninterrupted bandwidth availability where network-level protections, security filtering, or infrastructure constraints require temporary traffic limitation.

6.3 IP Addressing and Network

6.3.1. Hosting accounts operate under shared IPv4 addresses unless a dedicated IP address is expressly purchased or included in the selected plan.

6.3.2. SpaceLama may reassign IP addresses for operational, technical, compliance, routing, or infrastructure reasons without prior notice.

6.3.3. Dedicated IP addresses may be offered subject to availability and upstream provider approval.

6.3.4. IPv6 support may be available at the infrastructure level; however, provisioning details may vary by environment.

6.3.5. Standard service ports required for control panel access, webmail, SMTP, and FTP are enabled. Custom firewall modifications or opening non-standard ports are not supported in shared hosting environments.

6.3.6. IP addresses are allocated solely for routing and service delivery purposes and do not constitute property or ownership rights. Continuity of any specific IP address is not guaranteed.

6.4 Backups

6.4.1. Certain Hosting plans may include automated backup functionality integrated within the hosting control panel environment.

6.4.2. Backup features are provided as a convenience only and on a best-effort basis. They do not constitute a guaranteed backup, archival, disaster recovery, or data retention service.

6.4.3. SpaceLama shall not be liable for incomplete, corrupted, unavailable, delayed, or non-restorable backups except in cases of willful misconduct.

6.4.4. Users remain solely responsible for maintaining independent, current backup copies of all website content, databases, configurations, and email data.

6.5 Acceptable Use and System Integrity

6.5.1. Hosting Services are intended for website hosting and related web applications consistent with normal shared hosting usage.

6.5.2. The Services may not be used primarily as:

(a) a general-purpose file storage or archival repository;
(b) a standalone backup service;
(c) a public file distribution, mirroring, or indexing platform;
(d) a peer-to-peer distribution service;
(e) an automated bulk messaging or distribution platform;
(f) any service that materially degrades server performance or network stability.

6.5.3. SpaceLama may suspend, restrict, or terminate any account that, in its reasonable assessment, materially impairs system stability, performance, security, or network integrity.

6.5.4. The operation of public recursive DNS services is prohibited on any server or account, including reseller accounts. Recursive DNS services must be restricted to internal networks or explicitly authorized IP ranges.

6.6 Email Services

6.6.1. Hosting plans may include email functionality subject to plan-specific limits.

6.6.2. Supported email features may include IMAP, POP3, SMTP, SPF, DKIM, DMARC, and spam filtering mechanisms.

6.6.3. Email services are subject to storage limits, anti-spam policies, system resource constraints, and fair usage principles.

6.6.4. SpaceLama does not guarantee uninterrupted email delivery, filtering accuracy, or inbox placement.

6.7 Security and Investigations

6.7.1. SpaceLama may conduct technical or security investigations in cases of suspected abuse, breach, or violation of this Agreement.

6.7.2. Investigative measures may include temporary suspension, log review, traffic analysis, access restriction, and cooperation with competent authorities as required by applicable law.

6.8 “Unlimited” Services and Technical Parameters

6.8.1. “Unlimited” features refer to the absence of predefined numerical quotas within the selected plan but remain subject to fair usage standards, technical system capacity, and shared hosting constraints.

6.8.2. Certain technical parameters (including but not limited to database counts, FTP accounts, cron jobs, or storage thresholds) may apply depending on the selected plan and may be updated from time to time for operational or infrastructure reasons.

6.8.3. Exceeding applicable technical parameters may require resource reduction, upgrade, or may result in temporary service limitations.

Any reference to “visits” or similar performance indicators constitutes an estimated metric based on average usage assumptions and does not represent a guaranteed limit.

6.9 Complimentary Domain Registration

6.9.1. Certain hosting plans may include one complimentary domain registration for the initial billing term only.

6.9.2. Renewal fees, premium domain charges, transfer fees, and registry surcharges are excluded unless expressly stated.

6.9.3. Eligibility criteria and limitations are published on the Website and may be updated from time to time.

6.10 Service Availability

6.10.1. SpaceLama aims to target 99.9% monthly service availability.

6.10.2. In the event monthly availability falls below this target, eligible Customers may request a service credit of five percent (5%) of the applicable monthly hosting fee.

6.10.3. Service credits:

(a) apply solely to future Service purchases;
(b) exclude taxes and third-party fees;
(c) do not apply to scheduled maintenance, User actions, third-party applications, upstream provider failures, DDoS events, force majeure, or circumstances beyond SpaceLama’s reasonable control.

6.10.4. Credit requests must be submitted in writing within thirty (30) days of the relevant incident.

6.10.5. Service credits constitute the sole and exclusive remedy for failure to meet the availability target.

“Monthly availability” shall be calculated based on total minutes in a calendar month excluding scheduled maintenance and exclusions listed in Section 6.10.3.

6.11 Technical Support

6.11.1. Technical support is provided via ticket system and live chat.

6.11.2. Response time targets represent non-binding service objectives and do not constitute guaranteed response times or service level commitments.

6.11.3. Support personnel may request temporary access to the User’s hosting environment for troubleshooting purposes with the User’s authorization.

7. ACCEPTABLE USE POLICY

7.1. The Acceptable Use Policy (AUP) is an integral part of this Hosting Agreement. You agree to comply with the AUP at all times.

7.2. The Services may not be used for any unlawful or abusive purposes, including but not limited to:

7.2.1. distribution of malware, phishing, or spam-supporting infrastructure;

7.2.2. child sexual abuse material (CSAM), terrorist propaganda, or non-consensual adult content;

7.2.3. hacking, denial-of-service attacks, or other activities that compromise network, server, or other customers’ security;

7.2.4. operating public recursive DNS services without proper restrictions;

7.2.5. any use that materially degrades server performance or stability.

7.3. SpaceLama reserves the right to suspend or terminate any Hosting Services, including reseller or sub-accounts, for violations of the AUP or this Agreement.

7.4. SpaceLama may report any detected illegal activities to the relevant authorities.

8. REFUND POLICY

8.1 B2C Customers (Consumers)

8.1.1. If you are a consumer purchasing digital services, you have the right to withdraw from this Agreement within 14 days from the date of purchase without giving any reason, in accordance with applicable EU and Hungarian consumer protection laws.

8.1.2. To exercise this right, you must notify SpaceLama in writing via email or through the support portal within the 14-day period.

8.1.3 If you expressly request that Services commence immediately, you acknowledge that the Services will be considered fully performed for the purposes of withdrawal rights once SpaceLama has provisioned your hosting account and made all associated resources and functionalities available for your use, including but not limited to:

access to the hosting control panel (cPanel),
allocation of storage, CPU, RAM, and bandwidth as per the selected hosting plan,
ability to upload website content, create databases, and configure email accounts.

By expressly requesting immediate commencement, you agree that your right of withdrawal will expire once the Services have been fully performed as defined above, even if the 14-day period has not yet ended.

8.1.4. Refunds will be processed via the original payment method within 14 days from the date of withdrawal notification. Any fees charged by payment providers may be deducted.

8.2 B2B Customers (Businesses / Commercial Entities)

For business customers (B2B), all payments for Hosting Services are non-refundable, except where otherwise expressly agreed in a separate written agreement between the parties. B2B Customers acknowledge that they have no statutory right to cancel or withdraw from this Agreement and that the Provider is under no obligation to provide refunds.

8.3 Refund Conditions

SpaceLama reserves the right to refuse refunds in cases of:

violation of the Acceptable Use Policy (AUP), Terms of Service, or Hosting Agreement;
abusive, fraudulent, or illegal use of Services;
chargebacks, disputes, or non-compliance with payment provider rules.

8.4 Refunds for separate products, such as domain registrations, SSL certificates, or third-party add-ons, are subject to the terms of the respective provider and are generally non-refundable unless explicitly stated.

9. THIRD PARTY SOFTWARE

Definition. “Third Party Software” means any software or application developed and owned by a third party provider that we may contract with from time to time.

We reserve the right to modify, change, or discontinue any Third-Party Software at any time, and you agree to cooperate in performing such steps as may be necessary to install any updates to the Third-Party Software. The Third-Party Software is neither sold nor distributed to you, and you may use the Third-Party Software solely as part of the Services. You may not use the Third-Party Software outside of the Services. We may provide your personal information to third-party providers as required to provide the Third-Party Software. You acknowledge and agree that your use of the Third-Party Software is subject to our agreement(s) with the third-party providers. In addition, if the Third-Party Software is accompanied by or requires consent to a service or license agreement from the third-party provider, your use of the Third-Party Software is subject to such service or license agreement. You may not download, install, or use any Third-Party Software that is accompanied by or requires consent to a service or license agreement from a third-party provider unless you first agree to the terms and conditions of such service or license agreement. You may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Third-Party Software. You may not reverse engineer, decompile, or disassemble the Third-Party Software, except and only to the extent that such activity is expressly permitted by applicable law. You acknowledge and agree that the third-party providers (and their affiliates and suppliers) make no representations or warranties about any Third-Party Software offered in connection with the Services, and expressly disclaim any liability or damages (whether direct, indirect, or consequential) arising from the use of the Third-Party Software. You acknowledge and agree that any Third-Party Software will be supported by us and not by the third-party providers (or their affiliates or suppliers).

10. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

11. DEFINITIONS; CONFLICTS

Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Terms of Service. In the event there is a conflict between the provisions of this Agreement and the provisions of the Terms of Service Agreement, the provisions of this Agreement shall control.