These Terms & Conditions ("Terms") constitute a comprehensive, legally binding agreement between 332938 B.V., a private limited liability company (besloten vennootschap met beperkte aansprakelijkheid) duly incorporated and validly existing under the laws of the Netherlands, with its registered office and principal place of business at Saffierborch 18, 5241 LN Rosmalen, Noord-Brabant, Netherlands, registered with the Dutch Chamber of Commerce (Kamer van Koophandel, "KvK") under number 88526461 ("332938," "we," "us," or "our"), and any natural person, legal entity, or unincorporated organization engaging 332938 for the provision of hosting-related services ("Customer," "you," "your," or "Client").

By entering into an agreement with 332938, accessing, or utilizing any services provided by 332938 (collectively, the "Services"), you irrevocably and unconditionally agree to be bound by these Terms in their entirety, including all incorporated policies, exhibits, schedules, annexes, and addenda. These Terms supplant and supersede any prior or contemporaneous agreements, understandings, representations, or negotiations, whether written, oral, or implied, unless expressly incorporated herein by reference through a written amendment executed by duly authorized representatives of 332938 in its sole discretion. 332938 reserves the unilateral right to enforce these Terms to the fullest extent permitted by Dutch law, prioritizing its commercial interests while adhering to mandatory legal obligations.

1.1 Definitions

• For the purposes of these Terms, the following terms shall have the meanings ascribed to them below, unless otherwise determined by 332938 in its sole discretion:
  • Agreement: Any written or electronic contract, order confirmation, or mutual acceptance initiated by the Customer and accepted by 332938 for the provision of Services, incorporating these Terms by reference at 332938’s election.
  • Confidential Information: Any non-public information disclosed by 332938 to the Customer, or by the Customer to 332938, with 332938 retaining sole discretion to classify information as confidential, including but not limited to business strategies, financial data, customer lists, technical specifications, proprietary methodologies, cryptographic keys, and source code.
  • Fees: All monetary amounts payable by the Customer for the Services, as determined by 332938 in its sole discretion and specified in the Agreement, on 332938’s website, or in applicable schedules, denominated in Euros (EUR), US Dollars (USD), or Great British Pounds (GBP) at 332938’s election, excluding VAT (Dutch Value Added Tax, BTW) unless otherwise stated.
  • Acceptable Use Policy (AUP): The policy governing permissible and prohibited uses of the Services, as set forth in Section 13 of these Terms, established and updated at 332938’s absolute discretion.
  • Intellectual Property: All patents, trademarks, service marks, copyrights, trade secrets, database rights, design rights, and other proprietary rights recognized under Dutch law (including the Dutch Copyright Act, Auteurswet), EU law, and international treaties, whether registered or unregistered, with 332938 retaining exclusive ownership over its Intellectual Property unless otherwise expressly agreed in writing.
  • Force Majeure Event: Any event beyond 332938’s reasonable control, as determined by 332938 in its sole discretion, including but not limited to acts of God, war, terrorism, governmental actions, natural disasters, pandemics, cyberattacks, or disruptions in third-party services, as defined under Article 6:75 of the Dutch Civil Code (Burgerlijk Wetboek, "BW").
  • Customer Content: All data, content, or materials uploaded, stored, or transmitted by the Customer or its end-users via the Services, including but not limited to website data, email communications, virtual machine configurations, and user-generated content, over which 332938 exercises no ownership unless otherwise specified herein.

Service-Specific Definitions

• The following definitions apply to specific Services offered by 332938, as determined by 332938:
  • Domain Names: Internet domain names registered, renewed, transferred, managed, or configured with DNS management services (including nameserver setup and DNS record administration) through 332938’s Services, including top-level domains (e.g., .nl, .com) and subdomains, subject to 332938’s operational discretion.
  • Web Hosting: Virtualized or dedicated environments provisioned by 332938 for hosting websites, applications, databases, and, at 332938’s sole discretion, integrated email hosting services (including SMTP, IMAP, and POP3 protocols for email transmission, storage, and management), configured as 332938 deems appropriate.
  • Email Hosting: Standalone systems and resources allocated by 332938 for email hosting, transmission, and storage, including SMTP, IMAP, and POP3 protocols, separate from Web Hosting unless otherwise determined by 332938.
  • Compute Instances: Virtualized computing resources allocated by 332938 for processing workloads, including virtual machines, serverless functions, and dedicated processing units, configured at 332938’s discretion.
  • Elastic Containers: Scalable containerized environments managed by 332938 through orchestration platforms (e.g., Kubernetes, Docker Swarm) for deploying and managing applications, subject to 332938’s operational policies.
  • Bare Metal Cloud: Physical servers dedicated to the Customer by 332938 without virtualization layers, provisioned for high-performance computing, latency-sensitive workloads, or specialized hardware requirements, at 332938’s sole discretion.
  • IPv4 Addresses: Internet Protocol version 4 addresses leased, allocated, or managed by 332938 for network connectivity, subject to applicable Regional Internet Registry (RIR) policies as interpreted by 332938.
  • IPv6 Addresses: Internet Protocol version 6 addresses allocated or managed by 332938 for network connectivity, subject to applicable RIR policies as interpreted by 332938.
  • BYOIP (Bring Your Own IP): A service permitting the Customer to integrate their own allocated or rented IP address ranges (whether obtained directly from an RIR or leased from a third party) into 332938’s infrastructure, subject to 332938’s stringent technical, regulatory, and operational validation and approval processes, exercisable at 332938’s sole discretion.
  • IPv4 Marketplace: A platform facilitated by 332938 for buying, selling, or leasing IPv4 address blocks between Customers or third parties, governed by 332938’s rules and applicable RIR policies as interpreted by 332938.
  • SSL Certificates: Digital certificates issued, renewed, or managed by 332938 for securing communications via Transport Layer Security (TLS) protocols, including domain-validated (DV), organization-validated (OV), and extended-validation (EV) certificates, at 332938’s discretion.
  • Proxy Services: Intermediary services provided by 332938 routing traffic between the Customer and the internet to enhance security, anonymity, performance, or compliance, configured and managed at 332938’s sole discretion.
  • Cloud Backup Service: A service provided by 332938 for the automated or manual backup, storage, and recovery of Customer Content across 332938’s cloud infrastructure, subject to 332938’s operational policies and resource allocation discretion.
  • Reseller Hosting: Reseller accounts provided by 332938 enabling the Customer to resell hosting services (e.g., Web Hosting) to their own customers, subject to 332938’s operational policies, resource allocation, and approval processes, exercisable at 332938’s sole discretion.

1.2 Interpretation

• The following principles shall govern the interpretation of these Terms, as determined by 332938:
  • Headings are for convenience only and shall not affect the interpretation of these Terms, with 332938 retaining the right to determine their relevance in any dispute.
  • References to statutes, regulations, or legal provisions include amendments, reenactments, or replacements thereof as in force from time to time, as interpreted by 332938 to its advantage where permissible under Dutch law.
  • Words in the singular include the plural, and vice versa, where the context permits, as determined by 332938.
  • The term "including" means "including but not limited to" and shall not be construed as limiting 332938’s rights or remedies.
  • Any reference to Dutch law or regulations shall be construed in accordance with the laws of the Netherlands as interpreted by Dutch courts, with 332938 reserving the right to apply such interpretations in a manner most favorable to its interests, subject to mandatory legal constraints.
  • In the event of ambiguity or conflict, these Terms shall be interpreted in a manner that maximizes 332938’s rights, privileges, and protections, consistent with Dutch law and the principles of reasonableness and fairness (redelijkheid en billijkheid) as set forth in Articles 6:2 and 6:248 BW, provided such interpretation does not contravene mandatory provisions.
  • References to "written" or "in writing" include electronic communications (e.g., email) at 332938’s discretion, unless expressly required otherwise by Dutch law (e.g., Article 6:227a BW for electronic contracts).

• These Terms govern the entirety of the contractual relationship between 332938 and the Customer concerning the provision of Services, encompassing Domain Names, Web Hosting, Email Hosting, Compute Instances, Elastic Containers, Bare Metal Cloud, IPv4 Addresses, IPv6 Addresses, BYOIP, IPv4 Marketplace, SSL Certificates, Proxy Services, Cloud Backup Service, Reseller Hosting, and any additional or ancillary offerings introduced by 332938 at its sole discretion.
• By accessing, utilizing, or otherwise engaging with the Services, the Customer irrevocably acknowledges and warrants that they have the legal capacity and authority to enter into this Agreement and be bound by these Terms under Dutch law, waiving any right to contest 332938’s authority hereunder. If the Customer is an entity, the individual accepting these Terms represents and warrants that they are duly authorized to bind such entity in accordance with Articles 3:33 and 3:61 BW, and 332938 may, at its discretion, require documentary evidence of such authority prior to providing Services, with failure to provide such evidence resulting in 332938’s unilateral refusal to proceed without liability.
• 332938 reserves the absolute right to amend, modify, or supplement these Terms at its sole discretion, effective upon thirty (30) calendar days’ prior written notice to the Customer via email, the 332938 online portal, or any other method 332938 deems appropriate. Continued use of the Services after such notification constitutes the Customer’s unconditional acceptance of the amended Terms. Should the Customer object to such amendments, they may terminate the Agreement with thirty (30) calendar days’ written notice prior to the effective date of the amendments, provided all outstanding Fees are paid in full in the currency specified by 332938 (EUR, USD, or GBP), with no entitlement to refunds or credits unless mandated by Dutch law. 332938’s right to amend these Terms shall not be constrained by prior practice or course of dealing.
• In the event of any conflict or inconsistency between these Terms and any other document (including the Agreement, AUP, or other schedules), these Terms shall prevail in all instances unless 332938, in its sole discretion, expressly agrees otherwise in a written amendment signed by an authorized representative of 332938. The Customer waives any right to assert conflicting terms unless explicitly accepted by 332938 in writing.
• These Terms shall be interpreted and enforced in accordance with Dutch law, with 332938 retaining the maximum flexibility and authority permissible under Articles 6:2 and 6:248 BW (reasonableness and fairness), while ensuring compliance with mandatory consumer protection provisions where applicable (e.g., Book 6, Title 5 BW). 332938’s interpretation of these Terms shall take precedence in any dispute, subject only to overriding mandatory legal requirements.
• The applicability of any general terms and conditions proposed by the Customer (e.g., in purchase orders, invoices, or other communications) is expressly rejected and excluded unless 332938 explicitly agrees to their incorporation in writing, pursuant to Article 6:225 BW. 332938’s silence or failure to object to such terms shall not constitute acceptance under any circumstances.

• An Agreement shall be deemed formed solely at 332938’s discretion upon the occurrence of any of the following events, as governed by Article 6:217 BW:
  • 332938’s issuance of a written or electronic confirmation accepting the Customer’s order, which 332938 may withhold or condition at its sole discretion;
  • The Customer’s remittance of payment for any Service, accepted by 332938 as sufficient to initiate the Agreement;
  • The Customer’s commencement of use of any Service, provided 332938 permits such use to constitute acceptance;
  • Execution of a mutually agreed written contract expressly incorporating these Terms, signed by an authorized representative of 332938 at its sole discretion.
• 332938 reserves the unilateral, unfettered right to decline to enter into an Agreement or provide Services for any reason or no reason, including but not limited to circumstances where such action would contravene applicable laws (including Dutch law, EU regulations, or international treaties), regulations, or internal policies, or where 332938 determines, in its absolute discretion, that providing Services would pose operational, financial, legal, reputational, or security risks to 332938, its affiliates, or its other customers. 332938 shall not be obligated to provide notice or justification for such refusal, and no liability shall accrue to 332938 as a result.
• No terms, conditions, or stipulations proposed by the Customer (e.g., in purchase orders, invoices, or other correspondence) shall modify, amend, or supplement these Terms unless expressly accepted in writing by an authorized representative of 332938, as required by Article 6:225 BW. Any such unaccepted proposals shall be deemed null, void, and of no legal effect, and 332938’s performance of Services shall not imply acceptance thereof.
• If the Customer is a consumer (as defined under Article 6:230g BW), they may have the right to withdraw from the Agreement within fourteen (14) calendar days of its conclusion, pursuant to Article 6:230o BW, unless the Services have been fully performed with the Customer’s prior express consent and acknowledgment that the right of withdrawal is forfeited upon performance. 332938 shall have no obligation to refund Fees paid in EUR, USD, or GBP for Services commenced or completed during this period, and the Customer waives any claim to such refunds unless 332938, in its sole discretion, determines otherwise. 332938 shall provide the model withdrawal form required by Annex I of Directive 2011/83/EU only where mandated by law.
• Any Agreement entered into electronically shall comply with Article 6:227a BW and the EU e-Commerce Directive (Directive 2000/31/EC), with 332938 determining the manner and extent of information provided to the Customer prior to acceptance. The Customer acknowledges that 332938 may, at its discretion, impose additional verification steps (e.g., identity checks, credit assessments) before concluding an Agreement, and failure to comply with such steps may result in immediate rejection without liability to 332938.
• The Customer acknowledges that certain Services (e.g., Domain Names, IPv4 Marketplace transactions) may be subject to additional third-party terms, policies, or agreements (e.g., ICANN policies, applicable RIR policies), which shall be binding on the Customer to the extent deemed applicable by 332938. 332938 reserves the right to interpret and enforce such third-party terms in a manner most favorable to its interests, and the Customer waives any right to challenge such interpretations unless mandated by law.

• The Customer shall pay all Fees as unilaterally determined by 332938 and specified in the Agreement, on 332938’s website, or in applicable schedules at the time of purchase or as subsequently adjusted by 332938. Fees are denominated in Euros (EUR), US Dollars (USD), or Great British Pounds (GBP) at 332938’s sole discretion, excluding VAT (Dutch Value Added Tax, BTW) unless otherwise stated, and are exclusive of all other taxes, duties, levies, or governmental charges, which shall be borne solely and entirely by the Customer unless prohibited by applicable law. 332938 shall have sole discretion to determine the currency, structure, amount, and applicability of Fees, and the Customer waives any right to contest such determinations unless explicitly permitted by mandatory Dutch law.
• Invoices shall be issued electronically in EUR, USD, or GBP at 332938’s discretion and are payable within ten (10) calendar days of issuance unless 332938 specifies a shorter or longer period in the Agreement or otherwise. Fees stated in invoices are excluding VAT (BTW) unless otherwise indicated. Payment shall be made via methods unilaterally approved by 332938, including but not limited to SEPA bank transfer, iDEAL, credit card, or other electronic payment systems compliant with Dutch financial regulations (e.g., under the supervision of De Nederlandsche Bank). The Customer shall ensure that all payments are made in full, free of any deductions, withholdings, or set-offs unless expressly authorized by 332938 in writing or required by law, in which case the Customer shall gross up the payment to ensure 332938 receives the full invoiced amount net of such deductions in the invoiced currency.
• If payment is not received by the due date, 332938 may, in its absolute discretion and without prejudice to its other rights and remedies under Dutch law:
  • Suspend or terminate access to the Services with immediate effect, with or without prior notice, at 332938’s sole election, subject only to the minimum requirements of Article 6:248 BW;
  • Impose statutory commercial interest (wettelijke handelsrente) on overdue amounts as provided under Article 6:119a BW for commercial transactions, or statutory interest for consumers under Article 6:119 BW, as applicable, calculated from the due date until the date of full payment in the invoiced currency (EUR, USD, or GBP), with 332938 reserving the right to apply the higher rate where permissible;
  • Levy extrajudicial collection costs (buitengerechtelijke incassokosten) at the maximum rate permitted by the Dutch Decree on Compensation for Extrajudicial Collection Costs (Besluit vergoeding voor buitengerechtelijke incassokosten), excluding VAT (BTW), regardless of whether the Customer is a consumer or commercial entity, to the fullest extent allowed by law;
  • Engage third-party collection agencies, legal counsel, or other enforcement mechanisms, with all associated costs (including reasonable attorney’s fees, court costs, and administrative expenses, excluding VAT (BTW)) to be reimbursed by the Customer on an indemnity basis, as permitted by Article 6:96 BW, without limitation.
  332938 shall not be liable for any damages, losses, or inconveniences resulting from such actions, and the Customer waives any claims arising therefrom unless 332938’s actions are deemed grossly negligent or intentional (opzet of grove schuld) by a competent Dutch court.
• All Fees are non-refundable under any circumstances, except where 332938, in its sole discretion, elects to provide a refund or where mandated by non-waivable provisions of Dutch law (e.g., consumer rights under Book 6, Title 5 BW). Specifically, for Domain Names, no restitution, refund, or credit shall be provided following the completion of the registration or renewal process, as such actions are final and non-reversible under industry standards (e.g., ICANN policies, SIDN regulations), and the Customer expressly waives any right to claim otherwise, even in cases of termination, non-use, or error, regardless of the currency paid (EUR, USD, or GBP).
• 332938 reserves the unilateral right to adjust Fees at any time, effective upon forty-five (45) calendar days’ prior written notice to the Customer via email, the 332938 online portal, or any other method 332938 deems sufficient, in accordance with Article 6:248 BW. Adjusted Fees are excluding VAT (BTW) unless otherwise stated. Such adjustments may reflect changes in operational costs, market conditions, third-party fees (e.g., SIDN, certificate authorities), or 332938’s commercial strategy, and may take effect with shorter notice (e.g., ten (10) calendar days) if necessitated by third-party mandates, at 332938’s sole discretion. Fees may be adjusted in EUR, USD, or GBP at 332938’s election, and the Customer’s continued use of the Services after such adjustments constitutes acceptance, with no right to terminate or dispute unless expressly granted by 332938 in writing.
• The Customer must notify 332938 in writing of any billing discrepancies within fifteen (15) calendar days of invoice issuance, pursuant to Article 6:89 BW, failing which the invoice shall be deemed irrevocably accepted and undisputed in the invoiced currency (EUR, USD, or GBP). 332938 reserves the right to reject any dispute not submitted within this period or not accompanied by detailed evidence satisfactory to 332938. Disputes shall not relieve the Customer of the obligation to pay all invoiced amounts by the due date, and 332938 may, at its discretion, resolve disputes in its favor absent compelling evidence to the contrary. If 332938 elects to issue a credit or refund, such action shall be at its sole discretion, excluding VAT (BTW), and without prejudice to its rights to enforce payment of other amounts in the original currency.
• If Fees are paid in a currency other than that invoiced (EUR, USD, or GBP) where permitted by 332938, the Customer shall bear all risks and costs associated with currency exchange rate fluctuations and transaction fees. 332938 shall determine the applicable exchange rate based on the European Central Bank reference rates, or any other source it deems appropriate, on the invoice issuance date, and may adjust the invoiced amount, excluding VAT (BTW), at its discretion to account for fluctuations exceeding 3% prior to payment, with no obligation to notify the Customer in advance. The Customer waives any claims arising from such adjustments.
• Fees for individual Services shall be determined and allocated by 332938 at its sole discretion, excluding VAT (BTW) unless otherwise stated, and may be itemized or bundled in invoices or Agreements as 332938 sees fit, denominated in EUR, USD, or GBP. The Customer acknowledges that Fees may vary based on resource allocation, third-party dependencies, or 332938’s commercial policies, and waives any right to demand transparency or justification beyond what 332938 elects to provide, subject only to mandatory Dutch consumer law requirements (e.g., Article 6:230m BW).

• 332938 shall undertake, at its unfettered discretion, the facilitation, administration, or oversight of the registration, renewal, transfer, ongoing management, or DNS management (including but not limited to nameserver configuration, DNS record administration, and DNS propagation) of Domain Names through duly accredited registrars or directly interfacing with authoritative registries (e.g., SIDN for .nl domains, ICANN-accredited registries for gTLDs), contingent upon resource availability, registry stipulations, and 332938’s internal operational protocols, which may be amended without prior notification.
• The Customer acknowledges that the operability, continuity, and enforceability of Domain Name services, including DNS management, are irrevocably subject to third-party policies, rules, or operational frameworks (e.g., ICANN policies, SIDN regulations), over which 332938 exercises no control, and 332938 shall bear no liability for any delays, refusals, cancellations, DNS propagation issues, or modifications imposed by such entities, nor for any resultant impacts on the Customer’s operations, with 332938 reserving the unilateral right to suspend, revoke, or terminate Domain Name services or DNS configurations without prior notice should the Customer fail to adhere to such third-party mandates or 332938’s supplementary requirements, as determined in 332938’s sole judgment.
• Upon successful execution of a registration, renewal, or DNS management transaction, no restitution, refund, or credit shall be extended under any circumstances in any currency (EUR, USD, or GBP), excluding VAT (BTW), as such actions are deemed final, irrevocable, and non-reversible pursuant to prevailing industry standards, and the Customer irrevocably waives any right to assert claims for reimbursement or compensation, irrespective of termination, non-utilization, administrative error, DNS misconfiguration, or any other contingency, with 332938 retaining absolute authority to reject such claims outright.
• The Customer shall be irrevocably obligated to indemnify, defend, and hold 332938, its affiliates, officers, agents, and assigns harmless against any and all disputes, claims, liabilities, or proceedings arising from or related to Domain Name registrations or DNS management, including but not limited to trademark infringements, Uniform Domain-Name Dispute-Resolution Policy (UDRP) actions, cybersquatting allegations, DNS-related disruptions, or registry-enforced sanctions, with 332938 reserving the unilateral prerogative to implement preemptive or remedial measures (e.g., suspension, transfer, cancellation of Domain Names, or alteration of DNS records) to mitigate its exposure to risk, without incurring any liability to the Customer or obligation to provide prior notification or justification.

• 332938 shall provision, administer, and maintain Web Hosting as virtualized or dedicated infrastructural ecosystems engineered for the hosting, deployment, and operation of websites, applications, databases, and, at 332938’s exclusive discretion, integrated email hosting functionalities (encompassing SMTP, IMAP, and POP3 protocols for email transmission, storage, and management), with all configurations, specifications, and operational parameters determined solely by 332938 in accordance with its proprietary architectural frameworks, subject to modification or restriction without prior notice based on 332938’s operational exigencies or strategic imperatives.
• The Customer shall bear the sole and perpetual responsibility for ensuring that all software, scripts, applications, and email-related activities executed within Web Hosting conform strictly to all applicable legal, regulatory, and technical standards, with 332938 retaining the unilateral authority to impose, at its discretion and without prior consultation, operational restrictions, resource caps, throttling mechanisms, or filtration protocols (e.g., bandwidth limits, email transmission quotas) to safeguard the integrity, stability, or performance of its infrastructure or to protect the interests of other customers, with such measures exercisable at 332938’s sole election and without liability for any resultant disruptions or losses to the Customer.
• 332938 expressly disclaims any liability for interruptions, degradations, losses, or damages arising from the Customer’s utilization of Web Hosting, including but not limited to email delivery failures, software vulnerabilities, or infrastructural incompatibilities, and the Customer irrevocably waives any claims for compensation or redress unless such disruptions are adjudicated by a competent Dutch court to result directly and exclusively from 332938’s willful misconduct (opzet), with 332938 retaining the right to contest any such determination at its discretion.
• The Customer shall be irrevocably bound to indemnify, defend, and hold 332938 harmless against all liabilities, costs, claims, or legal actions arising from the Customer’s deployment, management, or operation of Web Hosting, including but not limited to email-related violations (e.g., spam dissemination, phishing schemes), software malfunctions, or breaches of third-party rights, with 332938 reserving the unilateral right to suspend, terminate, or otherwise restrict access to Web Hosting at its sole discretion, with or without notice, to mitigate its exposure to risk or ensure compliance with its operational standards, without incurring any liability to the Customer.

• 332938 shall, at its exclusive discretion, deploy and oversee standalone Email Hosting services, comprising SMTP, IMAP, and POP3 protocols for the hosting, transmission, and archival of electronic mail, distinct from Web Hosting unless 332938 elects otherwise, with all operational configurations, resource allocations, and service parameters determined solely by 332938 and subject to unilateral modification without prior notice based on its infrastructural priorities or risk management protocols.
• The Customer shall assume sole and continuous accountability for ensuring that all email activities conducted via the Email Hosting adhere strictly to applicable legal and regulatory frameworks (e.g., Dutch Telecommunications Act, Article 11.7), with 332938 retaining the unrestricted authority to suspend, terminate, or otherwise curtail Email Hosting services with immediate effect and without prior notification upon detection of any violation, suspected misuse, or operational threat, as determined by 332938 in its sole judgment.
• 332938 explicitly disavows any guarantee, warranty, or assurance regarding the availability, deliverability, or continuity of email services facilitated through the Email Hosting, and the Customer irrevocably waives any claims for damages, compensation, or remedial action arising from non-delivery, delays, interruptions, or losses, with 332938’s liability excluded to the fullest extent permitted by Dutch law, absent a judicial determination of willful misconduct (opzet) directly attributable to 332938.

• 332938 shall allocate, configure, and administer Compute Instances, encompassing virtual machines, serverless functions, or dedicated processing units, at its sole discretion, contingent upon resource availability, infrastructural capacity, and 332938’s operational policies, with all specifications, performance thresholds, and provisioning schedules determined exclusively by 332938 and subject to unilateral adjustment without prior notice to align with its strategic or technical objectives.
• The Customer shall be perpetually obligated to ensure that Compute Instances are utilized within the confines of allocated resources and in strict adherence to 332938’s operational directives, with 332938 reserving the unilateral right to throttle, suspend, or terminate any Compute Instance at its discretion, with or without notice, should usage exceed designated limits, compromise infrastructural integrity, or contravene 332938’s standards, without incurring liability for any resultant operational disruptions, data loss, or financial impacts sustained by the Customer.
• The Customer acknowledges that 332938 provides no assurance of uninterrupted functionality, scalability, or compatibility for Compute Instances, and irrevocably waives any claims for damages or compensation arising from service interruptions, performance degradation, or resource unavailability, with 332938’s liability limited solely to instances of willful misconduct (opzet) as adjudicated by a Dutch court.

• 332938 shall deploy and manage Elastic Containers as scalable, containerized environments orchestrated through platforms such as Kubernetes or Docker Swarm, at its sole discretion, with all architectural designs, scaling parameters, and resource allocations determined exclusively by 332938 and subject to unilateral modification without prior notice to optimize infrastructural efficiency or address operational exigencies.
• The Customer shall bear the continuous burden of ensuring that all applications deployed within Elastic Containers comply with applicable legal, regulatory, and technical standards, as well as 332938’s AUP, with 332938 retaining the unrestricted right to suspend, terminate, or reconfigure any container instance at its discretion, with or without notice, should it detect non-compliance, excessive resource consumption, or potential threats to its infrastructure, without liability for any resultant service disruptions or losses.
• 332938 disclaims any warranty or assurance regarding the availability, performance, or scalability of Elastic Containers, and the Customer waives any claims for damages or remedial action arising from container failures, scaling limitations, or operational interruptions, with 332938’s liability confined exclusively to instances of willful misconduct (opzet) as determined by a competent Dutch court.

• 332938 shall provision and oversee Bare Metal Cloud services, comprising physical servers dedicated exclusively to the Customer without virtualization layers, at its sole discretion, subject to hardware availability, 332938’s operational priorities, and stringent provisioning criteria, with all hardware specifications, deployment timelines, and maintenance schedules determined unilaterally by 332938 and modifiable without prior notice to align with its infrastructural or strategic imperatives.
• The Customer shall assume perpetual responsibility for all risks, liabilities, and operational dependencies associated with the utilization of Bare Metal Cloud servers, including but not limited to hardware malfunctions, power failures, or compatibility issues, with 332938 reserving the right to suspend, reallocate, or terminate server access at its discretion, with or without notice, to mitigate operational risks or ensure infrastructural stability, without liability for any resultant downtime, data loss, or financial impacts.
• 332938 provides no guarantee of hardware reliability, uptime, or performance for Bare Metal Cloud services, and the Customer irrevocably waives any claims for damages or compensation arising from server failures, maintenance interruptions, or operational constraints, with 332938’s liability limited solely to instances of willful misconduct (opzet) as adjudicated by a Dutch court.

• 332938 shall lease, allocate, or manage IPv4 Addresses for network connectivity at its sole discretion, subject to applicable RIR policies as interpreted and enforced by 332938, with all allocations, lease terms, and operational configurations determined unilaterally by 332938 and subject to modification, reclamation, or reassignment with minimal notice to address regulatory compliance, resource optimization, or infrastructural demands.
• The Customer acknowledges that it holds no ownership, proprietary, or perpetual rights over IPv4 Addresses provided by 332938, with 332938 retaining absolute control over their assignment, utilization, and revocation, and the Customer shall be obligated to comply with all 332938 directives and applicable RIR policies, with 332938 reserving the right to terminate or reallocate addresses at its discretion without liability for any resultant network disruptions or losses.
• 332938 disclaims any assurance of uninterrupted availability, compatibility, or regulatory compliance of IPv4 Addresses, and the Customer waives any claims for damages or compensation arising from address unavailability, reassignment, or regulatory sanctions, with 332938’s liability limited to instances of willful misconduct (opzet) as determined by a Dutch court.

• 332938 shall allocate or manage IPv6 Addresses for network connectivity at its sole discretion, subject to applicable RIR policies as interpreted by 332938, with all allocation parameters, operational configurations, and lease terms determined unilaterally by 332938 and subject to modification or revocation without prior notice to align with its infrastructural or regulatory priorities.
• The Customer shall have no ownership or enduring rights over IPv6 Addresses, with 332938 retaining full authority to adjust, reassign, or terminate address allocations at its discretion, and the Customer shall comply with all 332938 directives, with failure to do so resulting in immediate suspension or termination without liability to 332938.
• 332938 provides no guarantee of availability, performance, or regulatory compliance for IPv6 Addresses, and the Customer irrevocably waives any claims arising from address modifications, unavailability, or operational impacts, with 332938’s liability confined to willful misconduct (opzet) as adjudicated by a Dutch court.

• 332938 may, at its sole and unfettered discretion, permit the Customer to integrate their own IP address ranges—whether allocated directly by an RIR (e.g., RIPE NCC, ARIN) or rented from a third-party provider—into 332938’s infrastructure under the BYOIP service, subject to a rigorous, multi-tiered validation process encompassing technical compatibility, regulatory compliance, operational feasibility, and 332938’s proprietary risk assessment protocols, with approval exercisable exclusively by 332938 and revocable at any time without justification or prior notice.
• The Customer shall bear perpetual and sole responsibility for:
  • Verifying and maintaining the legal ownership, lease validity, or authoritative allocation of BYOIP address ranges, including compliance with applicable RIR policies and third-party lease agreements;
  • Ensuring the technical suitability of BYOIP addresses for integration into 332938’s infrastructure, including routing compatibility, BGP configuration, and absence of blacklisting or abuse history;
  • Obtaining and sustaining all necessary permissions, licenses, or consents from RIRs or third-party lessors for 332938’s use of such addresses;
  with 332938 reserving the unilateral right to reject, suspend, or terminate BYOIP integration at its discretion if any condition is unmet, without liability for any resultant disruptions, costs, or losses to the Customer.
• Upon approval of BYOIP integration, 332938 shall assume operational control over the Customer’s IP address ranges within its infrastructure, with the Customer granting 332938 an irrevocable, royalty-free, worldwide license to utilize, manage, and reconfigure such addresses as 332938 deems necessary for service provision, network optimization, or risk mitigation, with 332938 retaining the right to impose additional technical or operational restrictions (e.g., routing policies, announcement limits) without prior notice or Customer consent.
• The Customer shall indemnify, defend, and hold 332938 harmless against all claims, liabilities, costs, or proceedings arising from or related to BYOIP address ranges, including but not limited to disputes over ownership, lease violations, regulatory sanctions, or third-party abuse complaints, with 332938 reserving the unilateral authority to suspend or terminate BYOIP services at its discretion to mitigate its exposure to such risks, without liability or obligation to provide remedial action or compensation to the Customer.
• 332938 provides no warranty or assurance regarding the availability, performance, or regulatory compliance of BYOIP address ranges within its infrastructure, and the Customer irrevocably waives any claims for damages, compensation, or remedial action arising from integration failures, address unavailability, or operational impacts, with 332938’s liability limited solely to instances of willful misconduct (opzet) as adjudicated by a Dutch court.

• 332938 shall facilitate, at its sole discretion, an IPv4 Marketplace as a transactional platform enabling the buying, selling, or leasing of IPv4 address blocks between Customers or third parties, governed exclusively by 332938’s proprietary rules, operational protocols, and applicable RIR policies as interpreted by 332938, with all transaction terms, eligibility criteria, and approval processes determined unilaterally by 332938 and subject to modification without prior notice.
• The Customer shall assume sole and irrevocable responsibility for all risks, liabilities, and obligations associated with Marketplace transactions, including but not limited to verifying address ownership, ensuring regulatory compliance, and resolving disputes with counterparties, with 332938 acting solely as a facilitative intermediary and disclaiming any responsibility or liability for transaction outcomes, counterparty defaults, or regulatory sanctions, with 332938 reserving the right to suspend, cancel, or reverse transactions at its discretion to protect its interests or infrastructure.
• 332938 provides no guarantee of Marketplace availability, transaction success, or address usability, and the Customer waives any claims for damages or compensation arising from transaction failures, address disputes, or operational impacts, with 332938’s liability limited to willful misconduct (opzet) as determined by a Dutch court.

• 332938 shall issue, renew, or manage SSL Certificates for securing communications via TLS protocols, including DV, OV, and EV certificates, at its sole discretion, subject to certificate authority policies and 332938’s operational frameworks, with all issuance criteria, validation processes, and renewal schedules determined unilaterally by 332938 and modifiable without prior notice to align with its technical or commercial objectives.
• The Customer shall bear sole responsibility for ensuring the accuracy and validity of all information submitted for SSL Certificate issuance or renewal, with 332938 reserving the right to suspend, revoke, or refuse certificates at its discretion if such information is incomplete, inaccurate, or non-compliant, without liability for any resultant disruptions or losses, and Fees paid in EUR, USD, or GBP, excluding VAT (BTW), shall remain non-refundable upon issuance or renewal.
• The Customer shall indemnify 332938 against all claims, liabilities, or costs arising from SSL Certificate misuse, revocation, or third-party disputes, with 332938 retaining the unilateral right to revoke certificates at its discretion to mitigate risk, without obligation to provide notice or compensation.

• 332938 shall provide Proxy Services as an intermediary routing mechanism for traffic between the Customer and the internet, configured and managed at 332938’s sole discretion to enhance security, anonymity, performance, or compliance, with all routing policies, bandwidth allocations, and operational parameters determined unilaterally by 332938 and subject to modification without prior notice to address infrastructural or risk management needs.
• The Customer shall ensure that all traffic routed through Proxy Services complies with applicable legal and regulatory standards, with 332938 reserving the right to suspend or terminate Proxy Services at its discretion, with or without notice, upon detection of misuse, abuse, or operational threats, without liability for any resultant disruptions or losses.
• 332938 provides no guarantee of anonymity, performance, or availability for Proxy Services, and the Customer waives any claims for damages or compensation arising from service failures, routing interruptions, or operational impacts, with 332938’s liability limited to willful misconduct (opzet) as determined by a Dutch court.

• 332938 shall provide a Service Level Agreement (SLA) governing response times for support incidents related to the Services, applicable at 332938’s sole discretion to all Services unless otherwise specified, with response times categorized by priority levels (Low, Medium, High, Urgent) and determined solely by 332938 based on the nature of the incident, subject to modification or withdrawal without prior notice at 332938’s discretion.
• The Customer must create a ticket via the PeaceWeb Portal within twenty-four (24) hours of an incident to initiate SLA response times, with priority levels assigned by 332938 at its sole discretion based on the ticket submission; failure to submit a ticket within this timeframe voids any SLA obligations, and 332938 reserves the right to reject untimely or unverifiable claims without liability.
• SLA response times are as follows, measured from ticket submission:
  • Low Priority: Incidents with minimal impact (e.g., general inquiries) shall be responded to within 48 hours during business hours (Monday-Friday, 9:00-17:00 CET) and within 72 hours outside business hours.
  • Medium Priority: Incidents with moderate impact (e.g., partial service issues) shall be responded to within 24 hours during business hours and within 48 hours outside business hours.
  • High Priority: Incidents with significant impact (e.g., major service disruptions) shall be responded to within 12 hours during business hours and within 24 hours outside business hours.
  • Urgent Priority: Incidents with critical impact (e.g., complete service outages) shall be responded to within 4 hours during business hours and within 8 hours outside business hours.
• 332938’s response obligation under the SLA is limited to an initial acknowledgment or communication via the PeaceWeb Portal, with no guarantee of resolution timelines or service restoration, and remedies for SLA breaches, if any, shall be limited to service credits (not exceeding 5% of monthly Fees, excluding VAT (BTW), in the invoiced currency) at 332938’s sole discretion, with no cash refunds or additional compensation available.
• 332938 disclaims any SLA obligations during Force Majeure Events, third-party failures, Customer-induced issues, or scheduled maintenance periods (announced or unannounced at 332938’s discretion), and the Customer waives any claims for remedies arising from such events, with 332938’s liability limited to willful misconduct (opzet) as adjudicated by a Dutch court.
• The Customer shall indemnify 332938 against all claims, liabilities, or costs arising from misuse of SLA provisions, inaccurate incident reporting, or failure to meet ticket submission requirements, with 332938 reserving the right to terminate SLA applicability at its discretion without notice or liability.

• 332938 shall provide the Cloud Backup Service for the automated or manual backup, storage, and recovery of Customer Content across 332938’s cloud infrastructure, at its sole discretion, with all backup schedules, storage capacities, retention periods, and recovery processes determined unilaterally by 332938 and subject to modification without prior notice based on its resource availability, infrastructural priorities, or risk management protocols.
• The Customer shall bear sole and perpetual responsibility for:
  • Configuring backup settings within 332938’s designated parameters and ensuring the integrity and compatibility of Customer Content for backup operations;
  • Verifying the successful execution and accessibility of backups, with 332938 reserving the right to reject backup or recovery requests at its discretion if Customer Content is corrupted, incompatible, or exceeds allocated storage limits;
  • Maintaining sufficient account resources (e.g., storage quotas) to support backup operations, with 332938 retaining the unilateral authority to suspend or terminate the Cloud Backup Service without notice if such resources are inadequate;
  with 332938 disclaiming liability for any data loss, corruption, or unavailability resulting from Customer non-compliance or third-party failures.
• 332938 provides no guarantee of backup success, data integrity, or recovery availability, with the Customer acknowledging that backups may be subject to technical limitations, storage constraints, or operational interruptions, and 332938 reserving the right to delete or overwrite backups at its discretion after a retention period defined solely by 332938, without liability for any resultant data loss or operational impacts.
• The Customer shall indemnify 332938 against all claims, liabilities, or costs arising from the use, misuse, or failure of the Cloud Backup Service, including but not limited to data loss claims, recovery disputes, or third-party intellectual property violations within backed-up content, with 332938 retaining the unilateral right to suspend or terminate the service at its discretion to mitigate risk, without obligation to provide notice or remedial action.
• Fees for the Cloud Backup Service, excluding VAT (BTW), shall be determined by 332938 at its discretion based on storage usage, backup frequency, or recovery requests, and the Customer waives any claims for damages or compensation arising from service unavailability, backup failures, or data loss, with 332938’s liability limited to willful misconduct (opzet) as adjudicated by a Dutch court.

• 332938 shall provide Reseller Hosting as accounts enabling the Customer to resell hosting services (e.g., Web Hosting) to their own customers ("Reseller Customers"), at 332938’s sole discretion, with all configurations, resource allocations, and operational parameters determined unilaterally by 332938 and subject to modification or restriction without prior notice based on its infrastructural priorities, commercial strategy, or risk management protocols.
• The Customer shall bear sole and perpetual responsibility for:
  • Managing and supporting Reseller Customers, including but not limited to provisioning services, handling billing, and addressing technical support requests, with 332938 providing no direct support or interaction with Reseller Customers unless explicitly agreed in writing;
  • Ensuring that Reseller Customers comply with these Terms, including the AUP, with 332938 reserving the right to suspend or terminate the Reseller Hosting or specific Reseller Customer services at its discretion if violations occur, without liability to the Customer or Reseller Customers;
  • Maintaining sufficient account resources (e.g., bandwidth, storage) to support Reseller Customers, with 332938 retaining the unilateral authority to impose limits, suspend, or terminate services if resources are exceeded or misused;
  with 332938 disclaiming liability for any disputes, losses, or damages arising from the Customer’s resale activities or Reseller Customer actions.
• 332938 provides no guarantee of service availability, performance, or compatibility within Reseller Hosting, and the Customer acknowledges that services resold may be subject to 332938’s operational constraints, with 332938 reserving the right to modify, suspend, or terminate Reseller Hosting or individual Reseller Customer instances at its discretion without prior notice, without liability for any resultant impacts on the Customer or Reseller Customers.
• The Customer shall indemnify, defend, and hold 332938 harmless against all claims, liabilities, or costs arising from the Customer’s use of Reseller Hosting or the actions of Reseller Customers, including but not limited to service disputes, intellectual property violations, or non-compliance with these Terms, with 332938 retaining the unilateral right to suspend or terminate Reseller Hosting at its discretion to mitigate risk, without obligation to provide notice or remedial action to the Customer or Reseller Customers.
• Fees for Reseller Hosting, excluding VAT (BTW), shall be determined by 332938 at its discretion based on resource usage, number of Reseller Customers, or additional services provided, with the Customer remaining solely liable for all Fees regardless of Reseller Customer payments, and the Customer waives any claims for damages or compensation arising from service unavailability or termination affecting Reseller Customers, with 332938’s liability limited to willful misconduct (opzet) as adjudicated by a Dutch court.

• All Intellectual Property rights in the Services, including software, platforms, trademarks, and proprietary technologies, remain the exclusive property of 332938 or its licensors. The Customer is granted a limited, revocable, non-exclusive, non-transferable license to use such Intellectual Property solely for the duration and purpose of the Agreement, terminable at 332938’s discretion with or without notice.
• The Customer grants 332938 an irrevocable, worldwide, royalty-free, perpetual license to use, store, process, and modify Customer Content as 332938 deems necessary to provide, enhance, or secure the Services, including post-termination for residual obligations (e.g., backups, compliance).
• The Customer shall not copy, modify, reverse-engineer, or distribute 332938’s Intellectual Property, and any violation shall result in immediate termination and liability for damages, at 332938’s election.
• Any suggestions, feedback, or recommendations provided by the Customer ("Feedback") become 332938’s sole property, with the Customer irrevocably assigning all rights thereto, and 332938 may exploit such Feedback without compensation or restriction.

• The Services are provided "as-is" and "as-available," with 332938 disclaiming all warranties, express or implied (e.g., merchantability, fitness for purpose), to the fullest extent permitted by Dutch law.
• 332938 shall not be liable for any indirect, incidental, special, consequential, or punitive damages (e.g., loss of profits, data, goodwill), regardless of the legal theory, even if advised of such damages, unless caused by 332938’s willful misconduct (opzet) as determined by a Dutch court.
• 332938’s aggregate liability shall not exceed the lesser of EUR 100, USD 100, or GBP 100 (excluding VAT (BTW)), or the Fees paid by the Customer in the three (3) months preceding the claim in the invoiced currency, unless mandated otherwise by non-waivable Dutch law.
• 332938 shall not be liable for third-party failures (e.g., registrars, RIRs), and the Customer waives all related claims.

• The Customer shall indemnify, defend, and hold 332938, its affiliates, and their respective officers, directors, employees, agents, successors, and assigns harmless against all claims, liabilities, and costs (including attorney’s fees) arising from the Customer’s use of the Services, Customer Content, or breaches of these Terms, with 332938 retaining sole control over defense and settlement.
• 332938 shall have no obligation to indemnify the Customer unless explicitly agreed in writing, and any such indemnity shall be limited to 332938’s discretion and capped at EUR 100, USD 100, or GBP 100 (excluding VAT (BTW)), excluding third-party claims arising from Customer actions.

• 332938 may suspend access to the Services at its sole discretion, with or without notice, for any reason, including non-payment, AUP violations, or operational needs, without liability.
• 332938 may terminate the Agreement immediately, without notice or cure period, for any breach or at its discretion, with the Customer remaining liable for all Fees in the invoiced currency (EUR, USD, or GBP). The Customer may terminate with ninety (90) days’ written notice, subject to full payment of all outstanding Fees.
• Upon termination, 332938 may delete Customer Content immediately, with no obligation to retain or return it, and the Customer waives all related claims.

• 332938 shall not be liable for any failure or delay due to a Force Majeure Event, as determined by 332938 in its sole discretion, and may suspend or terminate Services without liability during such events.

• The Customer shall maintain absolute confidentiality of 332938’s Confidential Information, with 332938 determining the scope and duration of such obligations, surviving termination indefinitely.

• These Terms are governed by Dutch law, with 332938’s interpretation prevailing unless overridden by mandatory provisions.
• Disputes shall be exclusively resolved in the District Court of Oost-Brabant (’s-Hertogenbosch), at 332938’s election, unless mandatory consumer law applies.

13.1 Purpose and Scope

• This Acceptable Use Policy ("AUP") forms an integral part of these Terms and governs the Customer’s use of the Services. The Customer agrees to comply with this AUP at all times, as determined and updated by 332938 at its absolute discretion.

13.2 Prohibited Activities

• The Customer shall not engage in, or permit any end-user to engage in, illegal, abusive, or disruptive activities, including but not limited to:
  • Illegal activities such as cybercrime, fraud, or distribution of unlawful content;
  • Spam, phishing, or unsolicited bulk emails;
  • Distribution of malware, viruses, or hacking attempts;
  • Denial-of-service attacks or network disruptions;
  • Hosting of prohibited content (e.g., child exploitation, hate speech);
  • Unauthorized access or hijacking of network resources;
  all as determined by 332938 in its sole discretion.

13.3 Enforcement

• 332938 reserves the right, but not the obligation, to monitor the Customer’s use of the Services for compliance with this AUP. 332938 may, at its sole discretion:
  • Investigate suspected violations;
  • Remove or disable access to Customer Content;
  • Suspend or terminate Services immediately;
  • Report violations to authorities;
  all without liability to the Customer, who waives all related claims.

13.4 Customer Responsibility

• The Customer is solely responsible for ensuring end-user compliance with this AUP, with violations by end-users deemed violations by the Customer.

332938 B.V.

Saffierborch 18, 5241 LN Rosmalen, Noord-Brabant, Netherlands

Contact for legal matters: legal@332938.com

By using 332938 Services, you agree to these Terms & Conditions.