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GData Terms of Service

GData Terms of Service (ToS) are a legally binding agreement between you and GData Software AG (GData) that governs your use of GData’s hosting services. By using GData’s hosting services, you agree to be bound by the terms of this ToS.

1. License

GData grants you a non-exclusive, limited, and transferable license to use GData’s hosting services solely for your internal business operations and for the purposes described in your hosting plan. You may not use GData’s hosting services for any other purpose, including but not limited to:

  • Reselling or redistributing GData’s hosting services to third parties;
  • Using GData’s hosting services for any illegal or unlawful activity;
  • Using GData’s hosting services to store or transmit any content that is harmful, obscene, or offensive.

2. Ownership

GData and its licensors own all right, title, and interest in and to GData’s hosting services, including all copies, improvements, enhancements, modifications, and derivative works of GData’s hosting services. The rights to use GData’s hosting services are limited to those expressly granted in this ToS. All rights not expressly granted to you are retained by GData and/or its licensors.

3. Your Obligations

You agree to:

  • Comply with all applicable laws and regulations in connection with your use of GData’s hosting services;
  • Not use GData’s hosting services to infringe on the intellectual property rights of others;
  • Not use GData’s hosting services to send spam or other unsolicited commercial email;
  • Not use GData’s hosting services to launch or propagate viruses, worms, or other malware.

4. GData’s Obligations

GData agrees to provide you with the hosting services described in your hosting plan. GData will use reasonable efforts to keep GData’s hosting services up and running 24/7/365, but GData does not guarantee that GData’s hosting services will be available 100% of the time. GData is also not responsible for any downtime or data loss caused by factors beyond its control, such as acts of God, natural disasters, or network outages.

5. Support

GData provides technical support for its hosting services during its normal business hours. GData will use reasonable efforts to respond to support requests within 24 hours, but GData does not guarantee that all support requests will be resolved within this timeframe.

6. Termination

GData may terminate this ToS and your access to GData’s hosting services at any time, with or without notice, for any reason. You may terminate this ToS at any time by giving GData written notice. Upon termination of this ToS, you must immediately cease using GData’s hosting services and delete all data stored on GData’s servers.

7. Limitation of Liability

GDATA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF GDATA’S HOSTING SERVICES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION. GDATA’S TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO GDATA FOR GDATA’S HOSTING SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

8. Governing Law

This ToS shall be governed by and construed in accordance with the laws of the Federal Republic of Germany.

9. Entire Agreement

This ToS constitutes the entire agreement between you and GData with respect to your use of GData’s hosting services and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.

10. Severability

If any provision of this ToS is held to be invalid or unenforceable, such provision shall be struck from this ToS and the remaining provisions shall remain in full force and effect.

11. Waiver

No waiver of any provision of this ToS shall be effective unless in writing and signed by both parties.

12. Notices

All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered in person, upon the first business day following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, addressed as follows:

If to GData:

GData Asia Corporation

8F BECAMEX – Binh Duong

Viet Nam

or to such other address as either party may designate in.