Effective Date: 01/05/2025
These terms of service constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you"), and ComFlash GmbH ("company," "we," "us," or "our"), concerning your access to and use of the website https://flashstgmbh.com as well as any services, products, or hosting solutions provided by ComFlash GmbH (collectively, the "Services"). The Services include web hosting, dedicated servers, cloud hosting, domain registration, virtual private servers, and related technical support (the "Hosting Services"). To ensure a secure and reliable hosting environment, all users must agree to and abide by these terms of service. You agree that by accessing the Services, you have read, understood, and agree to be bound by all of these terms of service. If you do not agree with all of these terms of service, then you are expressly prohibited from using the Services and you must discontinue use immediately.
Additional terms and/or documents published from time to time on our website are hereby expressly incorporated by reference into these terms of service. We reserve the right, in our sole discretion, to modify or revise these terms of service at any time, and you agree to be bound by such modifications or revisions. We will notify you of any changes by updating the "Last Updated" date of these terms of service, and you waive any right to receive specific notice of each such change. You should ensure to check these terms applicable to you each time you use our Services to understand which terms apply. By continuing to use the Services after the date of any such revised terms of service are posted, you accept and are deemed to be aware of and consent to the changes in the revised terms of service and have agreed to be bound by them.
While we strive to provide 99.9% uptime for our hosting services, we cannot guarantee uninterrupted service or that the services will be error-free. Scheduled maintenance will be announced in advance whenever possible. We reserve the right to suspend service temporarily for maintenance purposes, server upgrades, emergency interventions, or the improvement of the service. ComFlash GmbH is not liable for any business losses or damages resulting from such interruptions.
Our Service Level Agreements (SLAs) outline specific uptime guarantees and compensation procedures for different service tiers. These SLAs form part of these terms of service for applicable hosting packages.
You agree not to use our hosting services for any unlawful purpose or in any way that could damage, disable, overburden, or impair our servers or networks. Prohibited activities include but are not limited to: (a) distributing malware, viruses, or other malicious code; (b) engaging in any form of automated data collection without permission; (c) hosting content that promotes illegal activities; (d) distributing pornographic, defamatory, or fraudulent content; (e) unauthorized access to any network, system, or account; (f) engaging in activities that could reasonably be expected to adversely affect our systems or cause excessive network traffic; (g) operating high-resource-consuming applications that negatively impact server performance; and (h) violating any applicable laws or regulations of Germany or the European Union.
ComFlash GmbH reserves the right to investigate any suspected violations of these terms and may cooperate with law enforcement authorities in prosecuting users who violate the law. We may suspend or terminate your access to Services without prior notice if we believe you have violated these terms.
By purchasing our Services, you agree to pay all fees associated with the services you select. All fees are due in advance of the service period unless otherwise stated. If payment is not received by the due date, late fees may apply, and services may be suspended or terminated. You are responsible for all taxes associated with the Services other than German taxes based on ComFlash GmbH's net income.
Prices for Services are subject to change with at least 30 days' notice. Continued use of the Services after a price change constitutes acceptance of the new rates. Refunds may be available as specified in our Refund Policy, which forms part of these terms of service.
Except as otherwise indicated, the website and all content and materials available on the website are our proprietary property, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the website (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"), are owned by us or licensed to us, and are protected by copyright, trademark, and various other intellectual property rights and unfair competition laws of Germany, international copyright laws, and international conventions. The Content and the Marks are provided on the website "AS IS" for your information and personal use only. Except as expressly provided in these terms of service, no part of the website, nor any Content or Marks, may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our prior written consent.
While we maintain regular backups of our systems, you are solely responsible for maintaining independent backups of your content and data. ComFlash GmbH is not responsible for data loss resulting from failed backups, corrupted data, or other issues. We strongly recommend implementing your own backup strategy in addition to any backup services we may provide.
You retain all ownership rights to your content hosted on our servers. By using our Services, you grant us a limited license to host, use, store, and copy your content in connection with providing the Services.
We may terminate or suspend your account and access to our Services immediately, without prior notice or liability, for any reason, including but not limited to a breach of these terms of service. Upon termination, your right to use the Services will immediately cease. All provisions of these terms of service which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.