DISCLAIMER OF WARRANTIES

CloudPro Provider’s SERVICE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. CloudPro Provider SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL CloudPro Provider BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, OR INCIDENTAL DAMAGES, EVEN IF CloudPro Provider HAS BEEN ADVISED BY CLIENT OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. Suppose CloudPro Provider’s SERVICE TO THE CLIENT IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON. In that case, CloudPro Provider SHALL NOT BE RESPONSIBLE FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND THE FEES PAID BY CLIENT TO CloudPro Provider FOR SERVICES, DURING THE PERIOD OF DISRUPTION OR MALFUNCTION. PRACTICALHOST SERVERS ARE LOCATED IN THE USA AT A STATE OF THE ART DATACENTER WITH A FULL SAS70 TYPE II AUDIT.

Data protection

1. The customer agrees that their personal data received in the course of the business relationship will be stored by computer and processed automatically for the purpose of processing the business relationship. The client is entitled to request the data stored about them or their pseudonym from the provider at any time free of charge.
2. Insofar as data is transmitted to CloudPro Provider’s servers – regardless of the form in which – the customer shall make backup copies. CloudPro Provider’s servers are backed up on a regular basis. In the event of a loss of data, the customer is obliged to make the relevant data available again free of charge. CloudPro does not provide any guarantees for the data on servers or backups. Regular backups are the responsibility of the customer. No form of liability or compensation relating to loss of data is assumed by CloudPro.
3. The Customer shall receive a user ID and password for the maintenance of its virtual host/server. He is obliged to treat it confidentially and is liable for any misuse resulting from unauthorized use of the password. The customer has the option of changing their password at any time through an online management tool.

Attorneys’ Fees

If a legal proceeding is commenced to enforce or obtain a declaration of rights under this Agreement, the prevailing party in such proceeding shall be entitled to recover its reasonable attorneys’ fees and costs incurred in the proceeding from the non-prevailing party, as well as any reasonable attorneys’ fees and expenses that the prevailing party incurred before commencing the proceeding.