General Terms and Conditions

IONOS Inc. General Terms and Conditions of Service

BY SIGNING UP FOR AND/OR OTHERWISE ACCESSING ANY OF THE SERVICES OR PRODUCTS OFFERED BY IONOS Inc. YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. THESE TERMS & CONDITIONS SUPERSEDE ALL EARLIER VERSIONS AND REQUIRE MANDATORY ARBITRATION OF DISPUTES. Please read these terms and conditions carefully, as they describe your legal rights and obligations. This agreement shall become effective as of the date of (1) your electronic signature on or acceptance of this Agreement, (2) the activation of your account; or (3) your receipt of an e-mail from IONOS confirming your order, whichever happens first. THIS AGREEMENT IS EFFECTIVE FOR AN INITIAL TERM OF ONE MONTH (OR LONGER IF YOU HAVE A MINIMUM OR EXTENDED TERM CONTRACT) AND IS AUTOMATICALLY RENEWABLE FOR SUCCESSIVE TERMS OF THE SAME LENGTH AS THE INITIAL TERM OR FOR SUCCESSIVE ONE MONTH TERMS, AS MORE FULLY DESCRIBED IN THE TERM AND TERMINATION PROVISIONS CONTAINED IN SECTION 2. EXCEPT AS OTHERWISE PROVIDED HEREIN, EITHER YOU OR IONOS MAY TERMINATE THIS AGREEMENT (AND YOUR ACCESS TO YOUR ACCOUNT) AT ANY TIME WITH 30 DAYS NOTICE, OR IONOS MAY TERMINATE THIS AGREEMENT OR SUSPEND YOUR ACCOUNT WITH NO NOTICE FOR A BREACH OF THIS AGREEMENT. ANY AND ALL OUTSTANDING FEES (INCLUDING WITHOUT LIMITATION THOSE THAT MAY BE OWED UNDER A MINIMUM OR EXTENDED TERM PACKAGE) SHALL BE DUE AND PAYABLE UPON TERMINATION, ALL AS MORE FULLY DESCRIBED IN SECTION 2.

1. DEFINITIONS.

For the purposes of this Agreement:

1.1.

"IONOS's Equipment" shall mean computer and telecommunications device, Internet access and/or transmission rights owned, operated, and/or maintained by IONOS and/or IONOS's affiliates, agents, or assigns which provide the IONOS Inc. Services.

1.2.

"IONOS", "us," "we," "our" and grammatical variants thereof shall collectively refer to IONOS Inc., a corporation organized and existing under the laws of the State of Delaware, United States of America, located at 701 Lee Road, Suite 300, Chesterbrook, PA, U.S.A.. and its assigns and successors in interest.

1.3.

"IONOS Inc. Services" shall mean the products and services provided by IONOS and/or IONOS's affiliates, agents, or assigns at any given time, including but not limited to web hosting, e-mail, domain registration, and any associated support services, which services may be changed, amended, and/or otherwise altered at any time in IONOS's sole discretion.

1.4.

"IONOS Software" shall mean any software provided by IONOS at any given time, whether downloaded to your computer, provided to you on CD or another form of removable media, or utilized online as part of the IONOS Inc. Services. The IONOS Software includes the program and any and all copies or portions thereof, whether standing alone or in combination with other programs, as well as the documentation and other materials delivered in connection with the software, if any.

1.5.

"Bandwidth" shall refer to the rate of data transmission in bits per second using IONOS's Equipment.

1.6.

"Content" shall mean any information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials, whether publicly posted or privately transmitted using the IONOS Inc. Services.

1.7.

"Customer," "you," "your" shall collectively refer to the individual or entity that has agreed to the terms of this Agreement.

2. TERM AND TERMINATION.

2.1.

This Agreement is effective upon your acceptance as described above and continues for the Initial Term. Following the Initial Term, this Agreement automatically renews for successive periods equal in length to the Initial Term or for successive one-month terms as set forth in your order.

2.2.

Either party may terminate this Agreement at any time upon 30 days written notice. IONOS may terminate or suspend your account immediately and without notice for any breach of this Agreement.

3. DESCRIPTION OF SERVICES.

3.1.

IONOS will provide you with access to IONOS Inc. Services as described in your service order. IONOS reserves the right to modify, discontinue, or suspend any service at any time with or without notice.

4. FEES.

4.1.

You agree to pay all fees associated with the IONOS Inc. Services you have ordered. All fees are non-refundable except as expressly set forth in IONOS's Money-Back Guarantee policy. IONOS reserves the right to change its fees at any time with 30 days notice.

4.2.

IONOS may automatically charge your credit card or other payment method on file for all fees due. You are responsible for keeping your payment information current and accurate.

5. NO EXPRESS OR IMPLIED AGREEMENT TO DISSEMINATE MATERIALS WHICH ARE INCONSISTENT WITH YOUR WARRANTIES.

5.1.

Nothing in this Agreement shall be construed as an express or implied agreement by IONOS to transmit, store, or disseminate any Content or data that violates applicable law or these terms.

6. NO WARRANTIES BY IONOS.

6.1.

THE IONOS INC. SERVICES AND IONOS SOFTWARE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

7. IONOS's LIMITED LIABILITY.

7.1.

IN NO EVENT SHALL IONOS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE IONOS INC. SERVICES.