Terms of use | #1 Hosting kompanija | BeoHosting.com
Opšti uslovi

In addition to these Terms, this Contract consists of the following documents that are incorporated into this Contract:

  1. BeoHosting SLA, published at www.beohosting.com/osnovni-nivo-podrske (“SLA”);
  2. BeoHosting policy for acceptance of Service, published at www.beohosting.com/policy-fair-use (“AUP”);
  3. BeoHosting privacy policy, published at www.beohosting.com/pravilnik-privatnosti (“Privacy policy”).

Leran more about domain name rules and terms.

  • (a) After accepting your order and these Terms of Service, BeoHosting is obliged to let you use the Services. BeoHosting is committed to supporting you twenty four hours a day, seven days a week, in accordance with Article 8 of this Contract. BeoHosting guarantees that will follow reasonable security procedures in the delivery of services.(B) The user agrees to perform all of the above: (I) to behave in accordance with applicable laws and BeoHosting AUP, (II) tol pay regular fees for services, (III) to take all reasonable precautions and safety while using the Service, (IV) to cooperate with BeoHosting in case of disconnection, security issues, as well as any suspected breach of the Agreement, (V) to update contact for finance, billing and other account information regularly, and ( VI) to immediately notify BeoHosting of any unauthorized use of accounts or any other breach of security. In the event of a dispute between BeoHosting and User about interpretation of applicable law or AUP, the BeoHosting expertise and reasonable statement shall prevail.(C) The service will include such optional features (“Optional Features”), as can be seen in any of BeoHosting online form accepted by the user or any other records for BeoHosting ordering (together User Order”). Optional features may include: (I) consulting or other professional services provided by BeoHosting staff, (II) software and other products and services provided by BeoHosting but not including software, products or services of third parties. Optional features are subject to the same conditions as other elements of the service, including without limitation the disclaimers and liability limitations in Article 12 below, unless specifically stated otherwise in this Agreement. Optional features may be subject to the conditions of any other agreement signed by an authorized representative BeoHosting and User.(D) Service does not include any software, consulting services, other products or services not provided directly by BeoHosting, although such software, services or products can be obtained via BeoHosting from third parties (collectively, ” Third party products and services”)

(A) Third parties Products and Services include, without limitation: (a) all consultancy services of a third party helping customers in using the Service or otherwise relating to services, including such services provided by third parties to BeoHosting users, and (b) all software and other products and services they receive through BeoHosting but are owned by third parties (such as Microsoft Corporation).

(B) products and services of third parties are not part of the Service and BeoHosting is not responsible for products and services of third parties, even if BeoHosting recommends a third party as a supplier, even though the products and services of third parties are related to the service or user`s ability to use the service. BeoHosting is not responsible for products and services of third party even if it acts as an agent in providing products or services, collecting payment, or otherwise has to do with using these third parties services. Without limiting the foregoing, BeoHosting will not have any responsibility or liability for the support, maintenance, updates or upgrades of third-party products and services, or for violation of intellectual property rights of third parties whose products and services are used. BeoHosting makes no warranty or indemnity in connection with products or services of third party.

(C) In addition to the conditions of our contract, the use of any software, products or services of a third party is subject to the terms of a third party in accordance with these terms.

(A) This service is available on default basis for Monthly prepaid service package for the selected service of user. Alternative payment periods are possible and will be listed in the Order form. Payment is due before the start of each period, prepayment, including the period of renewal. The user will pay extra for the resources involved, in case he spent more of its service package during the previous month, according to the principle by which this addition BeoHosting calculates in accordance with its standard policy. BeoHosting reserves the right to charge this fee daily (or as BeoHosting chooses). The user may increase (“upgrade”) service package and additional costs will be calculated after the upgrade. BeoHosting may charge a fee increase in proportion, for service during the billing period in which the upgrade is done on a daily basis (or optional). Every prepaid plan is automatically renewed at the end of its billing period.

(B) The user who receives invoices for payment is required to pay within seven days of receipt of invoice. The user is responsible for payment of all international, national and local added values that result from use, added value, excises, taxes related to the service and other obligations stated in the receipt of invoice.

(C) The user will pay for the standard BeoHosting fees, including optional features, and accordingly also associated fees and taxes, which may change from time to time. If User and BeoHosting also confirm additional fees, that appear in BeoHosting offer, or in a consulting agreement in connection with optional features, such alternative fees will be valid until the date specifically mentioned in the offer / order form or other written agreements. If period is not specified in fee increase is valid, it is understood that it is valid for one year. After that, the alternative fee stops and service price will return to the previous amount of the standard BeoHosting offer. The user will pay any set-up or other fees required in accordance with standard policy of BeoHosting. All payments will be in local currency (RSD). BeoHosting is not obliged to refund, except as otherwise provided in this Agreement or other official BeoHosting document. Without limitation of the foregoing: (I) compensation for prepaid packages is non-refundable and (II) User shall not be entitled for refund. Promotional credits and SLA credits issued by BeoHosting can not be used to pay for additional services, and can not be used for products and services of third parties.

(D) The user will notify BeoHosting of any dispute over payments, providing details of the nature and amount of the dispute, within 15 days of invoice date. After the expiry of 15 days from the date indicated on the invoice, complaint will not be accepted. On each payment that is not cleared until the due date, interest will be calculated in an amount of 1.5% per month. In addition, BeoHosting can charge for late payments of 5,000.00 RSD per week, as damage for liquidation, starting from the first day when the payment should be made. Such compensation for damage for liquidation shall indemnify BeoHosting for administrative costs related to unpaid bills.

(E) Service may be immediately suspended if fee is not paid. Reactivation of service in such cases will be charged an additional 5,000.00 RSD per server, or the part that is disabled.

(F) Fees for exceded prepaid package are applied regardless of the cause, even though the cause is hacking activity or action of a third party. BeoHosting is under no obligation to provide transmission of unused services for next month, to increase the credit limit, or in any other way refund in case of insufficient use of service package.

(G) If payment default is by credit card, the User shall keep file with valid credit card updated at all times unless otherwise approved in writing by the BeoHosting. BeoHosting can charge with the credit card for the service or other services that came due. The user will update his credit card information if necessary. If the attempt os charging the credit card is declined, BeoHosting may terminate service without notice, but it will make reasonable efforts to provide such notice in a timely manner.

(H) If BeoHosting has to hire debt collection agency to collect overdue amounts connected with the use of services by User, User is responsible for all costs of amounts collection that owed under this Contract, including reasonable legal costs of BeoHosting.

(A) This Contract shall remain valid until terminated by either party in accordance with the procedures specified in this Article.

(B) User may terminate this Agreement for material breach, effective on 30 days’ written notice specifying the nature of the breach, provided this Agreement will not terminate if BeoHosting cures the breach before the effective date of termination. User may also terminate this Contract for convenience. Notice of termination for convenience will become effective on the Prepaid Plan cancellation date pursuant to Article 3. User will provide notice of any termination by email to sales@beohosting.com. BeoHosting is not required to refund any payments in the event of termination by user.

(C) BeoHosting may terminate the Service, any portion thereof, or this Contract for material breach, including without limitation any breach of the provisions of the AUP or of the payment obligations set forth in Article 3, without advanced notice. BeoHosting is not required to refund any fees paid or prepaid after such termination. BeoHosting may also terminate this Agreement for convenience at any time. BeoHosting will provide 30 days’ advanced written notice of any termination for convenience. Upon termination for convenience, BeoHosting will refund any amounts prepaid for Service not yet provided.

(D) If the prepayment period is one month, User may cancel the Prepaid Plan on 7 days advanced written notice to sales@beohosting.com. If the prepayment period is three months or one year, User may cancel the Prepaid Plan on 14 days advanced written notice to sales@beohosting.com. Fees for Optional Services are in addition to fees for Prepaid Plans. BeoHosting may bill User separately, on a monthly or other periodic basis, for Optional Features, pursuant to BeoHosting’s standard policies.

(E) If this Agreement is terminated, for any reason, User is required to pay, within seven days of the effective date of termination, without set off or delay, all charges, fees and costs accrued before the termination date, including, but not limited to, bandwidth overage charges that you owe to BeoHosting under this Contract.

BeoHosting may from time to time offer time-limited offers for the purpose of User testing and evaluation. Such time-limited offers may also have other Service restrictions applied which will be defined on BeoHosting website in the Service package description.

Acceptance of these Terms of Services implies knowledge and acceptance of such time-limited Service offers.

(A) User represents that he has read the AUP, and User will adhere to his requirements.

(I) Without limiting the generality of the foregoing, User will not allow the Service or BeoHosting equipment to be used for activities prohibited by the AUP. Third party violations of the AUP using User’s Service, including any IP addresses, points of access to the Internet, systems, software, or equipment assigned to User, will be considered violations by User.
(II) Notwithstanding any provision to the contrary in this Agreement, and without limiting any of BeoHosting’s rights or remedies, BeoHosting may suspend Service in whole or in part in the event that BeoHosting reasonably suspects an AUP violation. Reasonable suspicion pursuant to the preceding sentence includes, without limitation, a third party notice or claim that User’s use of the Service infringes on third party rights. BeoHosting will make reasonable efforts to notify User before any such suspension, unless the AUP violation calls for immediate action to prevent injury or liability, in BeoHosting’s opinion and at its sole discretion. Suspension pursuant to this Subsection 4(A)(II) may continue so long as BeoHosting reasonably suspects an AUP violation. BeoHosting is not liable for any Service suspension authorized by this Subsection 4(A)(II), or for any related loss, even if the suspected AUP violation did not occur.

(B) BeoHosting has no obligation to monitor the Service for AUP violations or for other illegal or improper conduct but may do so and may disclose information regarding use of the Service for any reason, including: to satisfy laws, regulations, or governmental, legal, or law-enforcement requests; to operate the Service properly; and to protect itself and its customers. BeoHosting may grant law enforcement agencies access to its equipment, including equipment used to provide the Service to User.

(C) User may not violate or attempt to violate the security of the BeoHosting network. Violations of system or network security may result in civil or criminal liability. BeoHosting will investigate occurrences that may involve cooperation with law enforcement authorities in prosecuting User who are involved in such violations. These violations include, without limitation:

(I) Accessing data not intended for the User or logging into a server or account that the User is not authorized to access.
(II) Attempting to probe, scan or test the vulnerability of a BeoHosting system or network or to breach security or authentication measures without proper authorization.
(III) Attempting to interfere with the Service to any User, host or network, including without limitation, via means of overloading, flooding, mail bombing or crashing.
(IV) Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
(V) Taking any action in order to obtain Services that User is not entitled.

(G) BeoHosting is under no obligation to look at each User’s activities to determine if a violation of the AUP occurres, nor do we assume any responsibility through our AUP to monitor or police Internet related activities. Violations of the AUP will result in the following:

A warning notification sent via email, BeoHosting creates trouble ticket with 24 hours notice for resolution.
24 hours is the standard notification; situations involving law enforcement, phishing scams, fraud, password harvesting, network interference, Denial or Disruption of service, IRC related misuse, or other malicious activity can reduce the notification time frame.

First Violation: Any Customer, which BeoHosting determines to have violated any element of our AUP (Acceptable use Policy), shall receive an email, warning them of the violation. The service may be subject at BeoHosting discretion to a temporary suspension pending a user’s agreement in writing to refrain from any further violations.

Second Violation: Any Customer that BeoHosting determines to have committed a second violation of any element or portion of the AUP shall be subject to immediate suspension or termination of service without further notice.

BeoHosting reserves the right to drop the section of IP space involved in any SPAM or Denial-of-Service (Dos) complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on User’s network, or if denial-of-service attacks are originating from User’s network. In certain rare cases, BeoHosting may have to take this action prior to attempting to contact User.

(A) BeoHosting will not be liable for Service interruptions or any other Service failures except as specifically set forth in the SLA and in this Article 7. In the event of hardware failure: (i) BeoHosting will make reasonable efforts to recover lost data, upon User’s request, but data-recovery is not guaranteed; and (ii) BeoHosting will provide such credits as are required by the SLA (if any). In the event that User is dissatisfied with the Service, User’s sole remedies are those listed in the SLA and in this Article 7, or termination of this Agreement as authorized pursuant to Article 4 above. Remedies listed in the SLA do not apply to any Service interruption authorized pursuant to Article 9 or any other provision of this Contract, and BeoHosting will not be liable for any such interruption.

(B) All Service features, whether or not addressed in the SLA, are provided pursuant to the provisions of Article 12 below and the other terms and conditions of this Agreement.

(A) The following are BeoHosting’s guidelines when providing support:

(I) BeoHosting provides support related only to the Service.
(II) BeoHosting does not ordinarily provide free support for application specific issues, such as any programming, HTML, Third Party applications or any other such issue and BeoHosting reserves the right to decline to provide support for such issues.
(III) BeoHosting does not provide free technical support for clients of User. BeoHosting reserves the right to decline to provide support in such cases.
(IV) BeoHosting does not provide free technical support for any issues, faults or failures that at BeoHosting’s sole discretion are consider to have been caused by User; their agents or anyone outside of BeoHosting’s control or responsibility.
(V) All chargeable support carried out by BeoHosting is subject to the provisions of the Subsection 8(b) below.

(B) As specified in BeoHosting’s Support Packages description, posted at: www.BeoHostingcloud.com/Podrska; BeoHosting provides free basic support, but does not cover all areas of Support for free.  Support activities not covered by basic support may be subject to a charge.
Support rates depend on (I) the level of agent required to solve the issue and (II) the time spent on the issue. L2 agent support is from 30eur to 50eur per hour and L3 agent support is from 50 to 80 eur per hour. Charges apply in 30 minute increments, with 30 minutes as a minimum charge per issue.

If an issue is caused by a fault of BeoHosting, it is covered by free basic support.

If an issue is caused by a fault of the User (e.g. a configuration error) or has been caused by work carried out by BeoHosting with the approval of the User (e.g. applying a security patch or hotfix) then BeoHosting will deem the resolution of the issue to be chargeable, as it does not fall within free basic support.

(C) Authorization for Chargeable Support

For non-urgent issues BeoHosting will always seek permission and authorization before we undertake any chargeable work. Authorization is verified when User quotes their User Support ID.

For urgent requests, BeoHosting reserves the right to commence potentially chargeable work on any urgent issue, without prior authorization, up to a maximum charge of 150eur.

If the incident requires additional work or charges, BeoHosting will request official permission from the User before proceeding.

Pre-authorization is required since BeoHosting wish to be able to act on critical issues without unnecessary delay. Acceptance of this agreement implies that the User has pre-authorized BeoHosting to carry out up to 150eur of chargeable support on issues that are reported as urgent.

(A) BeoHosting may interrupt Service to perform maintenance on BeoHosting equipment or to address and/or mitigate the effects of security breaches, virus attacks, denial of service attacks. BeoHosting will exercise reasonable efforts to inform User before interrupting Service and to repair the Service promptly.

(B) User is responsible for maintaining security and for maintaining patches and disaster recovery systems, except to the extent BeoHosting specifically accepts such responsibility by listing such service features in User’s Order (subject to the limitations of liability in Article 12 and elsewhere in this Agreement). Whether or not User’s Order calls on BeoHosting to maintain back-ups, User will keep a back-up copy of all data hosted by BeoHosting. User will promptly report any Service failure to BeoHosting via email to support@BeoHosting.com. BeoHosting is not responsible for providing physical access to or copies of software, data, or content stored on BeoHosting ‘s equipment under any circumstances and is not required to provide network access

(I) after any termination or suspension of User’s Service or
(II) in the event of hardware failure, abuse by hackers or other third parties, improper administration by User, or other interruption of network access.

(C) BeoHosting is not required to reimburse any expenses User incurs for technology diagnosis or repair, including without limitation expenses for outside consultants.

(A) User warrants, represents, and covenants to BeoHosting that:

(I) They are at least 18 years of age if an individual;
(II) They possess the legal right and ability to enter into this Contract;
(III) They will use the Services only for lawful purposes and in accordance with this Contract and all applicable policies and guidelines, including the AUP; and
(IV) Their content does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.

(B) BeoHosting respects the intellectual property rights of others and expects its User to do the same. BeoHosting reserves the right, at its discretion, to delete material that infringes the copyrights, trademarks, or other intellectual property rights of others. BeoHosting also reserves the right to disable and/or terminate the accounts of Users who infringe the copyrights, trademarks or other intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide BeoHosting with the following information:

(I) A description of the copyrighted work property that you claim has been infringed;
(II) A description of the material that you claim infringes your copyright, and information sufficient to allow BeoHosting to locate the material;
(III) Your address, telephone number, and e-mail address;
(IV) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
(V) A statement by you, made under penalty of perjury, that the information provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf;
(VI) An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright.

(A) BeoHosting will adhere to the provisions of the Privacy Policy. BeoHosting is not responsible for use or misuse of data by any third party, including without limitation providers of Third Party Products and Services, the operator of any website linked to BeoHosting hostinge, or any BeoHosting customer, even if BeoHosting hosts such customer’s Website. User understands that the Privacy Policy applies only to the Service and to BeoHosting’s website. BeoHosting may notify User of leaks or exposure of private data, but except to the extent required by law, BeoHosting is not required to provide such notification.

(B) User will employ reasonable security precautions in its use of the Service, including without limitation encryption of social security numbers, medical records, and information of similar sensitivity belonging to User or to its customers or users.

(C) User will not use Confidential Information (as defined below) for any purpose other than to facilitate the use of Service. Except as specifically authorized in writing in advance by BeoHosting, User will not disclose Confidential Information to any third party, and will prevent any such disclosure of Confidential Information in User’s possession or control. Without limiting the generality of the foregoing, User will take reasonable precautions to protect Confidential Information and will not disclose Confidential Information to any of its employees or contractors who do not need to know. Notwithstanding the foregoing, User may disclose Confidential Information as required by applicable law or by proper legal or governmental authority; provided User gives BeoHosting advanced notice reasonably sufficient to allow BeoHosting to seek a protective order or otherwise to contest such required disclosure, and reasonably cooperates in such effort. User will promptly notify BeoHosting in writing of any misuse or misappropriation of Confidential Information that comes to User’s attention and will cooperate with BeoHosting in investigating any such misappropriation and in mitigating any damages caused. Upon termination of this Contract or upon BeoHosting’s written request, user will return all Confidential Information to BeoHosting and certify, in writing, the destruction of any copies thereof.

(I) “Confidential Information” refers to any information BeoHosting provides to User in any form and marks “Confidential” and any information BeoHosting discloses orally and identifies as “Confidential” on or before disclosure. However, Confidential Information does not include information that: (a) is in User’s possession at the time of original disclosure by BeoHosting; (b) is independently developed by User without use of or reference to information provided by BeoHosting; or (C) becomes known publicly, before or after disclosure, other than as a result of User’s improper action or inaction.

(II) User agrees that breach of the provisions of this Article 11(c) might cause BeoHosting irreparable injury for which monetary relief would not provide adequate compensation, and that in addition to any other remedies available, BeoHosting will be entitled to preliminary, temporary, and/or permanent injunctive relief against such breach or threatened breach, without the necessity of proving actual damages.

(A) BeoHosting makes no express or implied warranties, including without limitation warranties of title, noninfringement, merchantability, or fitness for a particular purpose. BeoHosting does not warrant that the Service will be uninterrupted, error-free, or free from viruses or other harmful components. The Service is provided with no warranties regarding security, reliability, protection from attacks, data integrity, or data availability (including without limitation data integrity or availability related to cloud storage features of the Service). Except to the extent specifically provided in the SLA, the Service is provided on an “as is” and “as available” basis. No communication between User and BeoHosting will create a warranty or in any way alter or restrict any disclaimer of warranty or limitation of liability set forth in this Article 12 or elsewhere in this Contract. As used in the previous sentence, “communications” include, without limitation, marketing materials and representations of salespeople, advice provided by BeoHosting or any of its representatives, quotes, User’s Order, and any work order or other ordering document.

(B) BeoHosting its suppliers are not liable for any temporary delay, outages or interruptions of the Service. Further, BeoHosting is not liable for any delay or failure to perform its obligations under this Contract, where the delay or failure results from any cause beyond its reasonable control (including any mechanical, electronic, communications or third-party supplier failure).

(C) BeoHosting will not be liable for any consequential, incidental, indirect, exemplary, punitive, or multiple damages, even if advised in advance of the possibility of such damages. BeoHosting’s maximum liability arising out of or related to this contract will not exceed the total amount of fees paid by customer during the three months preceding the injury giving rise to the claim.

(D) Except to the extent specifically provided in Article 7 above, and except to the extent that applicable law specifically forbids such limitation of liability, BeoHosting will have no liability whatsoever for any claims, losses, actions, damages, suits, or proceedings resulting from any of the following or from any BeoHosting efforts to address or mitigate any of the following:

(I) security breaches, including without limitation eavesdropping, third party access to user data or to assigned computers, third party access to or misuse of passwords provided to BeoHosting, and interception of traffic sent or received using the service;
(II) release or exposure, for any other reason, of personally identifiable information or other private data, including data belonging to user’s own customers and other users;
(III) denial of service attacks, viruses, worms, and other intentional interference by third parties, including without limitation by other BeoHosting customers;
(IV) loss of data or loss of access to data;
(V) actions of third parties, including without limitation other BeoHosting customers and third party products and services providers;
(VI) actions of BeoHosting employees, agents, or contractors acting outside the scope of their duties;
(VII) mistakes, omissions, interruptions, deletions of files, errors, defects, delays in operation, or other failures of performance of the service, including without limitation accidental disconnection and termination of service; and
(VIII) the accuracy, completeness, and usefulness of the service.
The provisions of this Article 12(d) apply, without limitation, even if User purchases service features addressing security, data integrity, data backup, attack protection, viruses, spam, monitoring, or system integrity. BeoHosting does not control and has not thoroughly reviewed all the websites linked to BeoHosting’s website or run by BeoHosting’s customers or by providers of Third Party Products and Services. With the exception of its own website, BeoHosting is not responsible or liable for the content or practices of any website, including without limitation third party websites referenced in the preceding sentence. (d) liabilities limited by this Article 12 apply:

(I) to liability for negligence;
(II) regardless of the form of action, whether in contract, tort, strict product liability, or otherwise;
(III) even if BeoHosting is advised in advance of the possibility of the damages in question and even if such damages were foreseeable; and
(IV) even if customer’s remedies fail of their essential purpose. BeoHosting’s limitations and exclusions of liability and disclaimers of warranty, set forth in this Article 8 and elsewhere in this Contract apply equally to BeoHosting’s officers, employees, agents, contractors, representatives, suppliers, subsidiaries, parents, and affiliated companies. User acknowledges and agrees that BeoHosting has set its prices and entered into this Contract in reliance upon such limitations of liability, and that such limitations of liability form an essential basis of the bargain between BeoHosting and User.

User will defend, indemnify, and hold harmless BeoHosting (including its officers, employees, agents, contractors, representatives, suppliers, subsidiaries, parents, and affiliated companies) from a claim by any of User’s customers or users, or any other third party, arising out of or related to User’s use of, misuse of, or failure to use the Service, including without limitation:

(a) Alleged User conduct that would breach this Contract, including alleged infringement of intellectual property or privacy rights and other AUP violations;
(b) Security breaches or other alleged faults in the Service, including without limitation faults listed in the SLA and faults leading to the release or exposure of personally identifiable information or other private data (whether such data belongs to User, to one of User’s customers, or to other third parties); and
(c) Any action taken by BeoHosting as part of an investigation into a suspected violation of this Contract or as a result of its conclusion that a violation has occurred. Such User obligation includes payment of losses, expenses, damages, judgments, settlements, and costs, including without limitation attorneys’ fees.

(A) Title and intellectual property rights to the Service and all components thereof are owned by BeoHosting and its licensors and suppliers. All hardware and Internet protocol addresses provided by BeoHosting are licensed to User temporarily and remain BeoHosting’s sole and exclusive property. This Contract does not grant user a license to any software used to provide the Service or associated with the Service (collectively, “Software”), or to any other software, by implication or otherwise. Without limiting the generality of the foregoing, User will not reproduce, reverse engineer, decompile, or disassemble the Software. The logos, service marks, and trademarks (collectively, “Trademarks”) displayed on BeoHosting’s website and through the Service, whether or not registered, belong to BeoHosting and its licensors and suppliers. Neither this Contract nor any BeoHosting website grants a license to any Trademark, by implication or otherwise. Nothing in this Contract transfers to BeoHosting any copyright in, trademark on, or other ownership interest in any data or content of User. However, BeoHosting may include User’s name in any list of customers used for marketing or other purposes.

(B) User is responsible for maintaining the confidentiality of its usernames and passwords, and user will not transfer or sell to any third party such usernames or passwords, or User’s access to the Service.

(C) BeoHosting is not obligated to sell User any Service feature not listed in User’s Order, or to provide more Service than required by such Order.

(D) During the term of this Contract and for 1 year thereafter, User will not encourage or solicit any BeoHosting employee or independent contractor to leave BeoHosting’s employ, or otherwise interfere with BeoHosting’s employment relationships.

(E) The parties agree that the fees listed as liquidated damages in Subsection 2(c) and elsewhere in this Contract do not constitute penalties and are reasonable in light of the harm that will be caused by breach, the difficulties of proof of loss, and the inconvenience and infeasibility of otherwise obtaining an adequate remedy. No remedy of BeoHosting provided in this Contract for late payment, declined credit card charges, or other breaches will limit any other right or remedy of BeoHosting at law or in equity.

(F) All written communications to User will be deemed delivered if sent to the contact points provided to BeoHosting at the time of order, or to such other contact points as User provides in writing. User will include a valid e-mail address with such contact points. All written communications to BeoHosting will be mailed to BeoHosting, Mile Dimic 9, Belgrade, Serbia, unless BeoHosting notifies User in writing of alternate contact information, except to the extent that this Contract provides that such communication will be made via email to sales@beohosting.com.

(G) BeoHosting may revise this Contract, including the AUP, the SLA, and the Privacy Policy, from time to time by posting a new version on the BeoHosting Website. Revised terms will become effective 30 days after posting thereof (the “Renewal Date”). Customer waives any right to notice of revised terms other than through the BeoHosting Web site, and such waiver will remain in force even if BeoHosting does provide notice by e-mail or another medium. (User’s continued use of the Service after any Renewal Date will confirm acceptance of revised terms.) Notwithstanding the foregoing, revisions to the AUP, SLA, or Privacy Policy will become effective upon posting thereof. This Contract may not be revised or amended in any other way, except through a written contract executed by authorized representatives of both parties. BeoHosting may provide notices via e-mail, but no e-mail exchange will amend this Contract, even if such messages purport to do so.

(H) This Contract is to be construed in accordance with and governed by the internal laws of Serbia without giving effect to any choice of law rule that would cause the application of the laws of any other jurisdiction other than the internal laws of Republic of Serbia. The parties hereby consent to the personal and exclusive jurisdiction and venue of the courts of Serbia.

(I) BeoHosting hereby notifies User that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist the customer in limiting access to material that is harmful to minors, and information regarding providers of such protections may be found on the Internet by searching “parental control protection” or similar terms.

(J) User will not use the Service in any way that violates applicable laws or regulations, including without limitation Export Administration Regulations of Republic of Serbia.

(K) No delay, failure, or waiver of either party’s exercise or partial exercise of any right or remedy under this Contract will operate to limit, impair, preclude, cancel, waive, or otherwise affect such right or remedy. To the extent caused by force majeure, no delay, failure, or default will constitute a breach of this Contract.

(L) In the event of any conflict between these Terms of Services and any other element of this Contract, or any ordering document or statement of work, these Terms of Services will govern.

(M) User may not assign this Contract or any of its rights or obligations here under without BeoHosting’s express written consent. Except to the extent forbidden in the previous sentence, this Contract will be binding upon and inure to the benefit of the respective successors and assigns of the parties.

(N) If any provision of this Contract is held invalid, illegal, or unenforceable, including without limitation as a result of unconscionability or inconsistency with public policy, such provision will be construed so as to come as close as possible to its intended meaning, and the validity, legality, or enforceability of the remaining provisions will in no way be impaired.

(O) This Contract, including those documents incorporated by reference, embodies the final, full, and exclusive statement of the agreement between the parties, and supersedes all prior agreements, negotiations, representations, and proposals, written or oral, relating to its subject-matter.