These Terms & Conditions ("Terms") constitute a comprehensive, legally binding agreement between Midhoster B.V., a private limited liability company (besloten vennootschap met beperkte aansprakelijkheid) duly incorporated and validly existing under the laws of the Netherlands, with its registered office and principal place of business at Saffierborch 18, 5241 LN Rosmalen, Noord-Brabant, Netherlands, registered with the Dutch Chamber of Commerce (Kamer van Koophandel, "KvK") under number 88526461 ("Midhoster," "we," "us," or "our"), and any natural person, legal entity, or unincorporated organization engaging Midhoster for the provision of hosting-related services ("Customer," "you," "your," or "Client").

By entering into an agreement with Midhoster, accessing, or utilizing any services provided by Midhoster (collectively, the "Services"), you irrevocably and unconditionally agree to be bound by these Terms in their entirety, including all incorporated policies, exhibits, schedules, annexes, and addenda. These Terms supplant and supersede any prior or contemporaneous agreements, understandings, representations, or negotiations, whether written, oral, or implied, unless expressly incorporated herein by reference through a written amendment executed by duly authorized representatives of Midhoster in its sole discretion. Midhoster reserves the unilateral right to enforce these Terms to the fullest extent permitted by Dutch law, prioritizing its commercial interests while adhering to mandatory legal obligations.

1.1 Definitions

• For the purposes of these Terms, the following terms shall have the meanings ascribed to them below, unless otherwise determined by Midhoster in its sole discretion:
  • Agreement: Any written or electronic contract, order confirmation, or mutual acceptance initiated by the Customer and accepted by Midhoster for the provision of Services, incorporating these Terms by reference at Midhoster’s election.
  • Confidential Information: Any non-public information disclosed by Midhoster to the Customer, or by the Customer to Midhoster, with Midhoster retaining sole discretion to classify information as confidential, including but not limited to business strategies, financial data, customer lists, technical specifications, proprietary methodologies, cryptographic keys, and source code.
  • Fees: All monetary amounts payable by the Customer for the Services, as determined by Midhoster in its sole discretion and specified in the Agreement, on Midhoster’s website, or in applicable schedules, denominated in Euros (EUR), US Dollars (USD), or Great British Pounds (GBP) at Midhoster’s election, excluding VAT (Dutch Value Added Tax, BTW) unless otherwise stated.
  • Acceptable Use Policy (AUP): The policy governing permissible and prohibited uses of the Services, as set forth in Section 13 of these Terms, established and updated at Midhoster’s absolute discretion.
  • Intellectual Property: All patents, trademarks, service marks, copyrights, trade secrets, database rights, design rights, and other proprietary rights recognized under Dutch law (including the Dutch Copyright Act, Auteurswet), EU law, and international treaties, whether registered or unregistered, with Midhoster retaining exclusive ownership over its Intellectual Property unless otherwise expressly agreed in writing.
  • Force Majeure Event: Any event beyond Midhoster’s reasonable control, as determined by Midhoster in its sole discretion, including but not limited to acts of God, war, terrorism, governmental actions, natural disasters, pandemics, cyberattacks, or disruptions in third-party services, as defined under Article 6:75 of the Dutch Civil Code (Burgerlijk Wetboek, "BW").
  • Customer Content: All data, content, or materials uploaded, stored, or transmitted by the Customer or its end-users via the Services, including but not limited to website data, email communications, virtual machine configurations, and user-generated content, over which Midhoster exercises no ownership unless otherwise specified herein.

Service-Specific Definitions

• The following definitions apply to specific Services offered by Midhoster, as determined by Midhoster:
  • Domain Names: Internet domain names registered, renewed, transferred, managed, or configured with DNS management services (including nameserver setup and DNS record administration) through Midhoster’s Services, including top-level domains (e.g., .nl, .com) and subdomains, subject to Midhoster’s operational discretion.
  • Web Environments: Virtualized or dedicated environments provisioned by Midhoster for hosting websites, applications, databases, and, at Midhoster’s sole discretion, integrated email hosting services (including SMTP, IMAP, and POP3 protocols for email transmission, storage, and management), configured as Midhoster deems appropriate.
  • Email Environments: Standalone systems and resources allocated by Midhoster for email hosting, transmission, and storage, including SMTP, IMAP, and POP3 protocols, separate from Web Environments unless otherwise determined by Midhoster.
  • Compute Instances: Virtualized computing resources allocated by Midhoster for processing workloads, including virtual machines, serverless functions, and dedicated processing units, configured at Midhoster’s discretion.
  • Elastic Containers: Scalable containerized environments managed by Midhoster through orchestration platforms (e.g., Kubernetes, Docker Swarm) for deploying and managing applications, subject to Midhoster’s operational policies.
  • Bare Metal Cloud: Physical servers dedicated to the Customer by Midhoster without virtualization layers, provisioned for high-performance computing, latency-sensitive workloads, or specialized hardware requirements, at Midhoster’s sole discretion.
  • IPv4 Addresses: Internet Protocol version 4 addresses leased, allocated, or managed by Midhoster for network connectivity, subject to applicable Regional Internet Registry (RIR) policies as interpreted by Midhoster.
  • IPv6 Addresses: Internet Protocol version 6 addresses allocated or managed by Midhoster for network connectivity, subject to applicable RIR policies as interpreted by Midhoster.
  • BYOIP (Bring Your Own IP): A service permitting the Customer to integrate their own allocated or rented IP address ranges (whether obtained directly from an RIR or leased from a third party) into Midhoster’s infrastructure, subject to Midhoster’s stringent technical, regulatory, and operational validation and approval processes, exercisable at Midhoster’s sole discretion.
  • IPv4 Marketplace: A platform facilitated by Midhoster for buying, selling, or leasing IPv4 address blocks between Customers or third parties, governed by Midhoster’s rules and applicable RIR policies as interpreted by Midhoster.
  • SSL Certificates: Digital certificates issued, renewed, or managed by Midhoster for securing communications via Transport Layer Security (TLS) protocols, including domain-validated (DV), organization-validated (OV), and extended-validation (EV) certificates, at Midhoster’s discretion.
  • Proxy Services: Intermediary services provided by Midhoster routing traffic between the Customer and the internet to enhance security, anonymity, performance, or compliance, configured and managed at Midhoster’s sole discretion.
  • Cloud Backup Service: A service provided by Midhoster for the automated or manual backup, storage, and recovery of Customer Content across Midhoster’s cloud infrastructure, subject to Midhoster’s operational policies and resource allocation discretion.
  • Reseller Environments: Reseller accounts provided by Midhoster enabling the Customer to resell hosting services (e.g., Web Environments) to their own customers, subject to Midhoster’s operational policies, resource allocation, and approval processes, exercisable at Midhoster’s sole discretion.

1.2 Interpretation

• The following principles shall govern the interpretation of these Terms, as determined by Midhoster:
  • Headings are for convenience only and shall not affect the interpretation of these Terms, with Midhoster retaining the right to determine their relevance in any dispute.
  • References to statutes, regulations, or legal provisions include amendments, reenactments, or replacements thereof as in force from time to time, as interpreted by Midhoster to its advantage where permissible under Dutch law.
  • Words in the singular include the plural, and vice versa, where the context permits, as determined by Midhoster.
  • The term "including" means "including but not limited to" and shall not be construed as limiting Midhoster’s rights or remedies.
  • Any reference to Dutch law or regulations shall be construed in accordance with the laws of the Netherlands as interpreted by Dutch courts, with Midhoster reserving the right to apply such interpretations in a manner most favorable to its interests, subject to mandatory legal constraints.
  • In the event of ambiguity or conflict, these Terms shall be interpreted in a manner that maximizes Midhoster’s rights, privileges, and protections, consistent with Dutch law and the principles of reasonableness and fairness (redelijkheid en billijkheid) as set forth in Articles 6:2 and 6:248 BW, provided such interpretation does not contravene mandatory provisions.
  • References to "written" or "in writing" include electronic communications (e.g., email) at Midhoster’s discretion, unless expressly required otherwise by Dutch law (e.g., Article 6:227a BW for electronic contracts).

• These Terms govern the entirety of the contractual relationship between Midhoster and the Customer concerning the provision of Services, encompassing Domain Names, Web Environments, Email Environments, Compute Instances, Elastic Containers, Bare Metal Cloud, IPv4 Addresses, IPv6 Addresses, BYOIP, IPv4 Marketplace, SSL Certificates, Proxy Services, Cloud Backup Service, Reseller Environments, and any additional or ancillary offerings introduced by Midhoster at its sole discretion.
• By accessing, utilizing, or otherwise engaging with the Services, the Customer irrevocably acknowledges and warrants that they have the legal capacity and authority to enter into this Agreement and be bound by these Terms under Dutch law, waiving any right to contest Midhoster’s authority hereunder. If the Customer is an entity, the individual accepting these Terms represents and warrants that they are duly authorized to bind such entity in accordance with Articles 3:33 and 3:61 BW, and Midhoster may, at its discretion, require documentary evidence of such authority prior to providing Services, with failure to provide such evidence resulting in Midhoster’s unilateral refusal to proceed without liability.
• Midhoster reserves the absolute right to amend, modify, or supplement these Terms at its sole discretion, effective upon thirty (30) calendar days’ prior written notice to the Customer via email, the Midhoster online portal, or any other method Midhoster deems appropriate. Continued use of the Services after such notification constitutes the Customer’s unconditional acceptance of the amended Terms. Should the Customer object to such amendments, they may terminate the Agreement with thirty (30) calendar days’ written notice prior to the effective date of the amendments, provided all outstanding Fees are paid in full in the currency specified by Midhoster (EUR, USD, or GBP), with no entitlement to refunds or credits unless mandated by Dutch law. Midhoster’s right to amend these Terms shall not be constrained by prior practice or course of dealing.
• In the event of any conflict or inconsistency between these Terms and any other document (including the Agreement, AUP, or other schedules), these Terms shall prevail in all instances unless Midhoster, in its sole discretion, expressly agrees otherwise in a written amendment signed by an authorized representative of Midhoster. The Customer waives any right to assert conflicting terms unless explicitly accepted by Midhoster in writing.
• These Terms shall be interpreted and enforced in accordance with Dutch law, with Midhoster retaining the maximum flexibility and authority permissible under Articles 6:2 and 6:248 BW (reasonableness and fairness), while ensuring compliance with mandatory consumer protection provisions where applicable (e.g., Book 6, Title 5 BW). Midhoster’s interpretation of these Terms shall take precedence in any dispute, subject only to overriding mandatory legal requirements.
• The applicability of any general terms and conditions proposed by the Customer (e.g., in purchase orders, invoices, or other communications) is expressly rejected and excluded unless Midhoster explicitly agrees to their incorporation in writing, pursuant to Article 6:225 BW. Midhoster’s silence or failure to object to such terms shall not constitute acceptance under any circumstances.

• An Agreement shall be deemed formed solely at Midhoster’s discretion upon the occurrence of any of the following events, as governed by Article 6:217 BW:
  • Midhoster’s issuance of a written or electronic confirmation accepting the Customer’s order, which Midhoster may withhold or condition at its sole discretion;
  • The Customer’s remittance of payment for any Service, accepted by Midhoster as sufficient to initiate the Agreement;
  • The Customer’s commencement of use of any Service, provided Midhoster permits such use to constitute acceptance;
  • Execution of a mutually agreed written contract expressly incorporating these Terms, signed by an authorized representative of Midhoster at its sole discretion.
• Midhoster reserves the unilateral, unfettered right to decline to enter into an Agreement or provide Services for any reason or no reason, including but not limited to circumstances where such action would contravene applicable laws (including Dutch law, EU regulations, or international treaties), regulations, or internal policies, or where Midhoster determines, in its absolute discretion, that providing Services would pose operational, financial, legal, reputational, or security risks to Midhoster, its affiliates, or its other customers. Midhoster shall not be obligated to provide notice or justification for such refusal, and no liability shall accrue to Midhoster as a result.
• No terms, conditions, or stipulations proposed by the Customer (e.g., in purchase orders, invoices, or other correspondence) shall modify, amend, or supplement these Terms unless expressly accepted in writing by an authorized representative of Midhoster, as required by Article 6:225 BW. Any such unaccepted proposals shall be deemed null, void, and of no legal effect, and Midhoster’s performance of Services shall not imply acceptance thereof.
• If the Customer is a consumer (as defined under Article 6:230g BW), they may have the right to withdraw from the Agreement within fourteen (14) calendar days of its conclusion, pursuant to Article 6:230o BW, unless the Services have been fully performed with the Customer’s prior express consent and acknowledgment that the right of withdrawal is forfeited upon performance. Midhoster shall have no obligation to refund Fees paid in EUR, USD, or GBP for Services commenced or completed during this period, and the Customer waives any claim to such refunds unless Midhoster, in its sole discretion, determines otherwise. Midhoster shall provide the model withdrawal form required by Annex I of Directive 2011/83/EU only where mandated by law.
• Any Agreement entered into electronically shall comply with Article 6:227a BW and the EU e-Commerce Directive (Directive 2000/31/EC), with Midhoster determining the manner and extent of information provided to the Customer prior to acceptance. The Customer acknowledges that Midhoster may, at its discretion, impose additional verification steps (e.g., identity checks, credit assessments) before concluding an Agreement, and failure to comply with such steps may result in immediate rejection without liability to Midhoster.
• The Customer acknowledges that certain Services (e.g., Domain Names, IPv4 Marketplace transactions) may be subject to additional third-party terms, policies, or agreements (e.g., ICANN policies, applicable RIR policies), which shall be binding on the Customer to the extent deemed applicable by Midhoster. Midhoster reserves the right to interpret and enforce such third-party terms in a manner most favorable to its interests, and the Customer waives any right to challenge such interpretations unless mandated by law.

• The Customer shall pay all Fees as unilaterally determined by Midhoster and specified in the Agreement, on Midhoster’s website, or in applicable schedules at the time of purchase or as subsequently adjusted by Midhoster. Fees are denominated in Euros (EUR), US Dollars (USD), or Great British Pounds (GBP) at Midhoster’s sole discretion, excluding VAT (Dutch Value Added Tax, BTW) unless otherwise stated, and are exclusive of all other taxes, duties, levies, or governmental charges, which shall be borne solely and entirely by the Customer unless prohibited by applicable law. Midhoster shall have sole discretion to determine the currency, structure, amount, and applicability of Fees, and the Customer waives any right to contest such determinations unless explicitly permitted by mandatory Dutch law.
• Invoices shall be issued electronically in EUR, USD, or GBP at Midhoster’s discretion and are payable within ten (10) calendar days of issuance unless Midhoster specifies a shorter or longer period in the Agreement or otherwise. Fees stated in invoices are excluding VAT (BTW) unless otherwise indicated. Payment shall be made via methods unilaterally approved by Midhoster, including but not limited to SEPA bank transfer, iDEAL, credit card, or other electronic payment systems compliant with Dutch financial regulations (e.g., under the supervision of De Nederlandsche Bank). The Customer shall ensure that all payments are made in full, free of any deductions, withholdings, or set-offs unless expressly authorized by Midhoster in writing or required by law, in which case the Customer shall gross up the payment to ensure Midhoster receives the full invoiced amount net of such deductions in the invoiced currency.
• If payment is not received by the due date, Midhoster may, in its absolute discretion and without prejudice to its other rights and remedies under Dutch law:
  • Suspend or terminate access to the Services with immediate effect, with or without prior notice, at Midhoster’s sole election, subject only to the minimum requirements of Article 6:248 BW;
  • Impose statutory commercial interest (wettelijke handelsrente) on overdue amounts as provided under Article 6:119a BW for commercial transactions, or statutory interest for consumers under Article 6:119 BW, as applicable, calculated from the due date until the date of full payment in the invoiced currency (EUR, USD, or GBP), with Midhoster reserving the right to apply the higher rate where permissible;
  • Levy extrajudicial collection costs (buitengerechtelijke incassokosten) at the maximum rate permitted by the Dutch Decree on Compensation for Extrajudicial Collection Costs (Besluit vergoeding voor buitengerechtelijke incassokosten), excluding VAT (BTW), regardless of whether the Customer is a consumer or commercial entity, to the fullest extent allowed by law;
  • Engage third-party collection agencies, legal counsel, or other enforcement mechanisms, with all associated costs (including reasonable attorney’s fees, court costs, and administrative expenses, excluding VAT (BTW)) to be reimbursed by the Customer on an indemnity basis, as permitted by Article 6:96 BW, without limitation.
  Midhoster shall not be liable for any damages, losses, or inconveniences resulting from such actions, and the Customer waives any claims arising therefrom unless Midhoster’s actions are deemed grossly negligent or intentional (opzet of grove schuld) by a competent Dutch court.
• All Fees are non-refundable under any circumstances, except where Midhoster, in its sole discretion, elects to provide a refund or where mandated by non-waivable provisions of Dutch law (e.g., consumer rights under Book 6, Title 5 BW). Specifically, for Domain Names, no restitution, refund, or credit shall be provided following the completion of the registration or renewal process, as such actions are final and non-reversible under industry standards (e.g., ICANN policies, SIDN regulations), and the Customer expressly waives any right to claim otherwise, even in cases of termination, non-use, or error, regardless of the currency paid (EUR, USD, or GBP).
• Midhoster reserves the unilateral right to adjust Fees at any time, effective upon forty-five (45) calendar days’ prior written notice to the Customer via email, the Midhoster online portal, or any other method Midhoster deems sufficient, in accordance with Article 6:248 BW. Adjusted Fees are excluding VAT (BTW) unless otherwise stated. Such adjustments may reflect changes in operational costs, market conditions, third-party fees (e.g., SIDN, certificate authorities), or Midhoster’s commercial strategy, and may take effect with shorter notice (e.g., ten (10) calendar days) if necessitated by third-party mandates, at Midhoster’s sole discretion. Fees may be adjusted in EUR, USD, or GBP at Midhoster’s election, and the Customer’s continued use of the Services after such adjustments constitutes acceptance, with no right to terminate or dispute unless expressly granted by Midhoster in writing.
• The Customer must notify Midhoster in writing of any billing discrepancies within fifteen (15) calendar days of invoice issuance, pursuant to Article 6:89 BW, failing which the invoice shall be deemed irrevocably accepted and undisputed in the invoiced currency (EUR, USD, or GBP). Midhoster reserves the right to reject any dispute not submitted within this period or not accompanied by detailed evidence satisfactory to Midhoster. Disputes shall not relieve the Customer of the obligation to pay all invoiced amounts by the due date, and Midhoster may, at its discretion, resolve disputes in its favor absent compelling evidence to the contrary. If Midhoster elects to issue a credit or refund, such action shall be at its sole discretion, excluding VAT (BTW), and without prejudice to its rights to enforce payment of other amounts in the original currency.
• If Fees are paid in a currency other than that invoiced (EUR, USD, or GBP) where permitted by Midhoster, the Customer shall bear all risks and costs associated with currency exchange rate fluctuations and transaction fees. Midhoster shall determine the applicable exchange rate based on the European Central Bank reference rates, or any other source it deems appropriate, on the invoice issuance date, and may adjust the invoiced amount, excluding VAT (BTW), at its discretion to account for fluctuations exceeding 3% prior to payment, with no obligation to notify the Customer in advance. The Customer waives any claims arising from such adjustments.
• Fees for individual Services shall be determined and allocated by Midhoster at its sole discretion, excluding VAT (BTW) unless otherwise stated, and may be itemized or bundled in invoices or Agreements as Midhoster sees fit, denominated in EUR, USD, or GBP. The Customer acknowledges that Fees may vary based on resource allocation, third-party dependencies, or Midhoster’s commercial policies, and waives any right to demand transparency or justification beyond what Midhoster elects to provide, subject only to mandatory Dutch consumer law requirements (e.g., Article 6:230m BW).

• Midhoster shall undertake, at its unfettered discretion, the facilitation, administration, or oversight of the registration, renewal, transfer, ongoing management, or DNS management (including but not limited to nameserver configuration, DNS record administration, and DNS propagation) of Domain Names through duly accredited registrars or directly interfacing with authoritative registries (e.g., SIDN for .nl domains, ICANN-accredited registries for gTLDs), contingent upon resource availability, registry stipulations, and Midhoster’s internal operational protocols, which may be amended without prior notification.
• The Customer acknowledges that the operability, continuity, and enforceability of Domain Name services, including DNS management, are irrevocably subject to third-party policies, rules, or operational frameworks (e.g., ICANN policies, SIDN regulations), over which Midhoster exercises no control, and Midhoster shall bear no liability for any delays, refusals, cancellations, DNS propagation issues, or modifications imposed by such entities, nor for any resultant impacts on the Customer’s operations, with Midhoster reserving the unilateral right to suspend, revoke, or terminate Domain Name services or DNS configurations without prior notice should the Customer fail to adhere to such third-party mandates or Midhoster’s supplementary requirements, as determined in Midhoster’s sole judgment.
• Upon successful execution of a registration, renewal, or DNS management transaction, no restitution, refund, or credit shall be extended under any circumstances in any currency (EUR, USD, or GBP), excluding VAT (BTW), as such actions are deemed final, irrevocable, and non-reversible pursuant to prevailing industry standards, and the Customer irrevocably waives any right to assert claims for reimbursement or compensation, irrespective of termination, non-utilization, administrative error, DNS misconfiguration, or any other contingency, with Midhoster retaining absolute authority to reject such claims outright.
• The Customer shall be irrevocably obligated to indemnify, defend, and hold Midhoster, its affiliates, officers, agents, and assigns harmless against any and all disputes, claims, liabilities, or proceedings arising from or related to Domain Name registrations or DNS management, including but not limited to trademark infringements, Uniform Domain-Name Dispute-Resolution Policy (UDRP) actions, cybersquatting allegations, DNS-related disruptions, or registry-enforced sanctions, with Midhoster reserving the unilateral prerogative to implement preemptive or remedial measures (e.g., suspension, transfer, cancellation of Domain Names, or alteration of DNS records) to mitigate its exposure to risk, without incurring any liability to the Customer or obligation to provide prior notification or justification.

• Midhoster shall provision, administer, and maintain Web Environments as virtualized or dedicated infrastructural ecosystems engineered for the hosting, deployment, and operation of websites, applications, databases, and, at Midhoster’s exclusive discretion, integrated email hosting functionalities (encompassing SMTP, IMAP, and POP3 protocols for email transmission, storage, and management), with all configurations, specifications, and operational parameters determined solely by Midhoster in accordance with its proprietary architectural frameworks, subject to modification or restriction without prior notice based on Midhoster’s operational exigencies or strategic imperatives.
• The Customer shall bear the sole and perpetual responsibility for ensuring that all software, scripts, applications, and email-related activities executed within Web Environments conform strictly to all applicable legal, regulatory, and technical standards, with Midhoster retaining the unilateral authority to impose, at its discretion and without prior consultation, operational restrictions, resource caps, throttling mechanisms, or filtration protocols (e.g., bandwidth limits, email transmission quotas) to safeguard the integrity, stability, or performance of its infrastructure or to protect the interests of other customers, with such measures exercisable at Midhoster’s sole election and without liability for any resultant disruptions or losses to the Customer.
• Midhoster expressly disclaims any liability for interruptions, degradations, losses, or damages arising from the Customer’s utilization of Web Environments, including but not limited to email delivery failures, software vulnerabilities, or infrastructural incompatibilities, and the Customer irrevocably waives any claims for compensation or redress unless such disruptions are adjudicated by a competent Dutch court to result directly and exclusively from Midhoster’s willful misconduct (opzet), with Midhoster retaining the right to contest any such determination at its discretion.
• The Customer shall be irrevocably bound to indemnify, defend, and hold Midhoster harmless against all liabilities, costs, claims, or legal actions arising from the Customer’s deployment, management, or operation of Web Environments, including but not limited to email-related violations (e.g., spam dissemination, phishing schemes), software malfunctions, or breaches of third-party rights, with Midhoster reserving the unilateral right to suspend, terminate, or otherwise restrict access to Web Environments at its sole discretion, with or without notice, to mitigate its exposure to risk or ensure compliance with its operational standards, without incurring any liability to the Customer.

• Midhoster shall, at its exclusive discretion, deploy and oversee standalone Email Environments services, comprising SMTP, IMAP, and POP3 protocols for the hosting, transmission, and archival of electronic mail, distinct from Web Environments unless Midhoster elects otherwise, with all operational configurations, resource allocations, and service parameters determined solely by Midhoster and subject to unilateral modification without prior notice based on its infrastructural priorities or risk management protocols.
• The Customer shall assume sole and continuous accountability for ensuring that all email activities conducted via the Email Environments adhere strictly to applicable legal and regulatory frameworks (e.g., Dutch Telecommunications Act, Article 11.7), with Midhoster retaining the unrestricted authority to suspend, terminate, or otherwise curtail Email Environments services with immediate effect and without prior notification upon detection of any violation, suspected misuse, or operational threat, as determined by Midhoster in its sole judgment.
• Midhoster explicitly disavows any guarantee, warranty, or assurance regarding the availability, deliverability, or continuity of email services facilitated through the Email Environments, and the Customer irrevocably waives any claims for damages, compensation, or remedial action arising from non-delivery, delays, interruptions, or losses, with Midhoster’s liability excluded to the fullest extent permitted by Dutch law, absent a judicial determination of willful misconduct (opzet) directly attributable to Midhoster.

• Midhoster shall allocate, configure, and administer Compute Instances, encompassing virtual machines, serverless functions, or dedicated processing units, at its sole discretion, contingent upon resource availability, infrastructural capacity, and Midhoster’s operational policies, with all specifications, performance thresholds, and provisioning schedules determined exclusively by Midhoster and subject to unilateral adjustment without prior notice to align with its strategic or technical objectives.
• The Customer shall be perpetually obligated to ensure that Compute Instances are utilized within the confines of allocated resources and in strict adherence to Midhoster’s operational directives, with Midhoster reserving the unilateral right to throttle, suspend, or terminate any Compute Instance at its discretion, with or without notice, should usage exceed designated limits, compromise infrastructural integrity, or contravene Midhoster’s standards, without incurring liability for any resultant operational disruptions, data loss, or financial impacts sustained by the Customer.
• The Customer acknowledges that Midhoster provides no assurance of uninterrupted functionality, scalability, or compatibility for Compute Instances, and irrevocably waives any claims for damages or compensation arising from service interruptions, performance degradation, or resource unavailability, with Midhoster’s liability limited solely to instances of willful misconduct (opzet) as adjudicated by a Dutch court.

• Midhoster shall deploy and manage Elastic Containers as scalable, containerized environments orchestrated through platforms such as Kubernetes or Docker Swarm, at its sole discretion, with all architectural designs, scaling parameters, and resource allocations determined exclusively by Midhoster and subject to unilateral modification without prior notice to optimize infrastructural efficiency or address operational exigencies.
• The Customer shall bear the continuous burden of ensuring that all applications deployed within Elastic Containers comply with applicable legal, regulatory, and technical standards, as well as Midhoster’s AUP, with Midhoster retaining the unrestricted right to suspend, terminate, or reconfigure any container instance at its discretion, with or without notice, should it detect non-compliance, excessive resource consumption, or potential threats to its infrastructure, without liability for any resultant service disruptions or losses.
• Midhoster disclaims any warranty or assurance regarding the availability, performance, or scalability of Elastic Containers, and the Customer waives any claims for damages or remedial action arising from container failures, scaling limitations, or operational interruptions, with Midhoster’s liability confined exclusively to instances of willful misconduct (opzet) as determined by a competent Dutch court.

• Midhoster shall provision and oversee Bare Metal Cloud services, comprising physical servers dedicated exclusively to the Customer without virtualization layers, at its sole discretion, subject to hardware availability, Midhoster’s operational priorities, and stringent provisioning criteria, with all hardware specifications, deployment timelines, and maintenance schedules determined unilaterally by Midhoster and modifiable without prior notice to align with its infrastructural or strategic imperatives.
• The Customer shall assume perpetual responsibility for all risks, liabilities, and operational dependencies associated with the utilization of Bare Metal Cloud servers, including but not limited to hardware malfunctions, power failures, or compatibility issues, with Midhoster reserving the right to suspend, reallocate, or terminate server access at its discretion, with or without notice, to mitigate operational risks or ensure infrastructural stability, without liability for any resultant downtime, data loss, or financial impacts.
• Midhoster provides no guarantee of hardware reliability, uptime, or performance for Bare Metal Cloud services, and the Customer irrevocably waives any claims for damages or compensation arising from server failures, maintenance interruptions, or operational constraints, with Midhoster’s liability limited solely to instances of willful misconduct (opzet) as adjudicated by a Dutch court.

• Midhoster shall lease, allocate, or manage IPv4 Addresses for network connectivity at its sole discretion, subject to applicable RIR policies as interpreted and enforced by Midhoster, with all allocations, lease terms, and operational configurations determined unilaterally by Midhoster and subject to modification, reclamation, or reassignment with minimal notice to address regulatory compliance, resource optimization, or infrastructural demands.
• The Customer acknowledges that it holds no ownership, proprietary, or perpetual rights over IPv4 Addresses provided by Midhoster, with Midhoster retaining absolute control over their assignment, utilization, and revocation, and the Customer shall be obligated to comply with all Midhoster directives and applicable RIR policies, with Midhoster reserving the right to terminate or reallocate addresses at its discretion without liability for any resultant network disruptions or losses.
• Midhoster disclaims any assurance of uninterrupted availability, compatibility, or regulatory compliance of IPv4 Addresses, and the Customer waives any claims for damages or compensation arising from address unavailability, reassignment, or regulatory sanctions, with Midhoster’s liability limited to instances of willful misconduct (opzet) as determined by a Dutch court.

• Midhoster shall allocate or manage IPv6 Addresses for network connectivity at its sole discretion, subject to applicable RIR policies as interpreted by Midhoster, with all allocation parameters, operational configurations, and lease terms determined unilaterally by Midhoster and subject to modification or revocation without prior notice to align with its infrastructural or regulatory priorities.
• The Customer shall have no ownership or enduring rights over IPv6 Addresses, with Midhoster retaining full authority to adjust, reassign, or terminate address allocations at its discretion, and the Customer shall comply with all Midhoster directives, with failure to do so resulting in immediate suspension or termination without liability to Midhoster.
• Midhoster provides no guarantee of availability, performance, or regulatory compliance for IPv6 Addresses, and the Customer irrevocably waives any claims arising from address modifications, unavailability, or operational impacts, with Midhoster’s liability confined to willful misconduct (opzet) as adjudicated by a Dutch court.

• Midhoster may, at its sole and unfettered discretion, permit the Customer to integrate their own IP address ranges—whether allocated directly by an RIR (e.g., RIPE NCC, ARIN) or rented from a third-party provider—into Midhoster’s infrastructure under the BYOIP service, subject to a rigorous, multi-tiered validation process encompassing technical compatibility, regulatory compliance, operational feasibility, and Midhoster’s proprietary risk assessment protocols, with approval exercisable exclusively by Midhoster and revocable at any time without justification or prior notice.
• The Customer shall bear perpetual and sole responsibility for:
  • Verifying and maintaining the legal ownership, lease validity, or authoritative allocation of BYOIP address ranges, including compliance with applicable RIR policies and third-party lease agreements;
  • Ensuring the technical suitability of BYOIP addresses for integration into Midhoster’s infrastructure, including routing compatibility, BGP configuration, and absence of blacklisting or abuse history;
  • Obtaining and sustaining all necessary permissions, licenses, or consents from RIRs or third-party lessors for Midhoster’s use of such addresses;
  with Midhoster reserving the unilateral right to reject, suspend, or terminate BYOIP integration at its discretion if any condition is unmet, without liability for any resultant disruptions, costs, or losses to the Customer.
• Upon approval of BYOIP integration, Midhoster shall assume operational control over the Customer’s IP address ranges within its infrastructure, with the Customer granting Midhoster an irrevocable, royalty-free, worldwide license to utilize, manage, and reconfigure such addresses as Midhoster deems necessary for service provision, network optimization, or risk mitigation, with Midhoster retaining the right to impose additional technical or operational restrictions (e.g., routing policies, announcement limits) without prior notice or Customer consent.
• The Customer shall indemnify, defend, and hold Midhoster harmless against all claims, liabilities, costs, or proceedings arising from or related to BYOIP address ranges, including but not limited to disputes over ownership, lease violations, regulatory sanctions, or third-party abuse complaints, with Midhoster reserving the unilateral authority to suspend or terminate BYOIP services at its discretion to mitigate its exposure to such risks, without liability or obligation to provide remedial action or compensation to the Customer.
• Midhoster provides no warranty or assurance regarding the availability, performance, or regulatory compliance of BYOIP address ranges within its infrastructure, and the Customer irrevocably waives any claims for damages, compensation, or remedial action arising from integration failures, address unavailability, or operational impacts, with Midhoster’s liability limited solely to instances of willful misconduct (opzet) as adjudicated by a Dutch court.

• Midhoster shall facilitate, at its sole discretion, an IPv4 Marketplace as a transactional platform enabling the buying, selling, or leasing of IPv4 address blocks between Customers or third parties, governed exclusively by Midhoster’s proprietary rules, operational protocols, and applicable RIR policies as interpreted by Midhoster, with all transaction terms, eligibility criteria, and approval processes determined unilaterally by Midhoster and subject to modification without prior notice.
• The Customer shall assume sole and irrevocable responsibility for all risks, liabilities, and obligations associated with Marketplace transactions, including but not limited to verifying address ownership, ensuring regulatory compliance, and resolving disputes with counterparties, with Midhoster acting solely as a facilitative intermediary and disclaiming any responsibility or liability for transaction outcomes, counterparty defaults, or regulatory sanctions, with Midhoster reserving the right to suspend, cancel, or reverse transactions at its discretion to protect its interests or infrastructure.
• Midhoster provides no guarantee of Marketplace availability, transaction success, or address usability, and the Customer waives any claims for damages or compensation arising from transaction failures, address disputes, or operational impacts, with Midhoster’s liability limited to willful misconduct (opzet) as determined by a Dutch court.

• Midhoster shall issue, renew, or manage SSL Certificates for securing communications via TLS protocols, including DV, OV, and EV certificates, at its sole discretion, subject to certificate authority policies and Midhoster’s operational frameworks, with all issuance criteria, validation processes, and renewal schedules determined unilaterally by Midhoster and modifiable without prior notice to align with its technical or commercial objectives.
• The Customer shall bear sole responsibility for ensuring the accuracy and validity of all information submitted for SSL Certificate issuance or renewal, with Midhoster reserving the right to suspend, revoke, or refuse certificates at its discretion if such information is incomplete, inaccurate, or non-compliant, without liability for any resultant disruptions or losses, and Fees paid in EUR, USD, or GBP, excluding VAT (BTW), shall remain non-refundable upon issuance or renewal.
• The Customer shall indemnify Midhoster against all claims, liabilities, or costs arising from SSL Certificate misuse, revocation, or third-party disputes, with Midhoster retaining the unilateral right to revoke certificates at its discretion to mitigate risk, without obligation to provide notice or compensation.

• Midhoster shall provide Proxy Services as an intermediary routing mechanism for traffic between the Customer and the internet, configured and managed at Midhoster’s sole discretion to enhance security, anonymity, performance, or compliance, with all routing policies, bandwidth allocations, and operational parameters determined unilaterally by Midhoster and subject to modification without prior notice to address infrastructural or risk management needs.
• The Customer shall ensure that all traffic routed through Proxy Services complies with applicable legal and regulatory standards, with Midhoster reserving the right to suspend or terminate Proxy Services at its discretion, with or without notice, upon detection of misuse, abuse, or operational threats, without liability for any resultant disruptions or losses.
• Midhoster provides no guarantee of anonymity, performance, or availability for Proxy Services, and the Customer waives any claims for damages or compensation arising from service failures, routing interruptions, or operational impacts, with Midhoster’s liability limited to willful misconduct (opzet) as determined by a Dutch court.

• Midhoster shall provide a Service Level Agreement (SLA) governing response times for support incidents related to the Services, applicable at Midhoster’s sole discretion to all Services unless otherwise specified, with response times categorized by priority levels (Low, Medium, High, Urgent) and determined solely by Midhoster based on the nature of the incident, subject to modification or withdrawal without prior notice at Midhoster’s discretion.
• The Customer must create a ticket via the PeaceWeb Portal within twenty-four (24) hours of an incident to initiate SLA response times, with priority levels assigned by Midhoster at its sole discretion based on the ticket submission; failure to submit a ticket within this timeframe voids any SLA obligations, and Midhoster reserves the right to reject untimely or unverifiable claims without liability.
• SLA response times are as follows, measured from ticket submission:
  • Low Priority: Incidents with minimal impact (e.g., general inquiries) shall be responded to within 48 hours during business hours (Monday-Friday, 9:00-17:00 CET) and within 72 hours outside business hours.
  • Medium Priority: Incidents with moderate impact (e.g., partial service issues) shall be responded to within 24 hours during business hours and within 48 hours outside business hours.
  • High Priority: Incidents with significant impact (e.g., major service disruptions) shall be responded to within 12 hours during business hours and within 24 hours outside business hours.
  • Urgent Priority: Incidents with critical impact (e.g., complete service outages) shall be responded to within 4 hours during business hours and within 8 hours outside business hours.
• Midhoster’s response obligation under the SLA is limited to an initial acknowledgment or communication via the PeaceWeb Portal, with no guarantee of resolution timelines or service restoration, and remedies for SLA breaches, if any, shall be limited to service credits (not exceeding 5% of monthly Fees, excluding VAT (BTW), in the invoiced currency) at Midhoster’s sole discretion, with no cash refunds or additional compensation available.
• Midhoster disclaims any SLA obligations during Force Majeure Events, third-party failures, Customer-induced issues, or scheduled maintenance periods (announced or unannounced at Midhoster’s discretion), and the Customer waives any claims for remedies arising from such events, with Midhoster’s liability limited to willful misconduct (opzet) as adjudicated by a Dutch court.
• The Customer shall indemnify Midhoster against all claims, liabilities, or costs arising from misuse of SLA provisions, inaccurate incident reporting, or failure to meet ticket submission requirements, with Midhoster reserving the right to terminate SLA applicability at its discretion without notice or liability.

• Midhoster shall provide the Cloud Backup Service for the automated or manual backup, storage, and recovery of Customer Content across Midhoster’s cloud infrastructure, at its sole discretion, with all backup schedules, storage capacities, retention periods, and recovery processes determined unilaterally by Midhoster and subject to modification without prior notice based on its resource availability, infrastructural priorities, or risk management protocols.
• The Customer shall bear sole and perpetual responsibility for:
  • Configuring backup settings within Midhoster’s designated parameters and ensuring the integrity and compatibility of Customer Content for backup operations;
  • Verifying the successful execution and accessibility of backups, with Midhoster reserving the right to reject backup or recovery requests at its discretion if Customer Content is corrupted, incompatible, or exceeds allocated storage limits;
  • Maintaining sufficient account resources (e.g., storage quotas) to support backup operations, with Midhoster retaining the unilateral authority to suspend or terminate the Cloud Backup Service without notice if such resources are inadequate;
  with Midhoster disclaiming liability for any data loss, corruption, or unavailability resulting from Customer non-compliance or third-party failures.
• Midhoster provides no guarantee of backup success, data integrity, or recovery availability, with the Customer acknowledging that backups may be subject to technical limitations, storage constraints, or operational interruptions, and Midhoster reserving the right to delete or overwrite backups at its discretion after a retention period defined solely by Midhoster, without liability for any resultant data loss or operational impacts.
• The Customer shall indemnify Midhoster against all claims, liabilities, or costs arising from the use, misuse, or failure of the Cloud Backup Service, including but not limited to data loss claims, recovery disputes, or third-party intellectual property violations within backed-up content, with Midhoster retaining the unilateral right to suspend or terminate the service at its discretion to mitigate risk, without obligation to provide notice or remedial action.
• Fees for the Cloud Backup Service, excluding VAT (BTW), shall be determined by Midhoster at its discretion based on storage usage, backup frequency, or recovery requests, and the Customer waives any claims for damages or compensation arising from service unavailability, backup failures, or data loss, with Midhoster’s liability limited to willful misconduct (opzet) as adjudicated by a Dutch court.

• Midhoster shall provide Reseller Environments as accounts enabling the Customer to resell hosting services (e.g., Web Environments) to their own customers ("Reseller Customers"), at Midhoster’s sole discretion, with all configurations, resource allocations, and operational parameters determined unilaterally by Midhoster and subject to modification or restriction without prior notice based on its infrastructural priorities, commercial strategy, or risk management protocols.
• The Customer shall bear sole and perpetual responsibility for:
  • Managing and supporting Reseller Customers, including but not limited to provisioning services, handling billing, and addressing technical support requests, with Midhoster providing no direct support or interaction with Reseller Customers unless explicitly agreed in writing;
  • Ensuring that Reseller Customers comply with these Terms, including the AUP, with Midhoster reserving the right to suspend or terminate the Reseller Environments or specific Reseller Customer services at its discretion if violations occur, without liability to the Customer or Reseller Customers;
  • Maintaining sufficient account resources (e.g., bandwidth, storage) to support Reseller Customers, with Midhoster retaining the unilateral authority to impose limits, suspend, or terminate services if resources are exceeded or misused;
  with Midhoster disclaiming liability for any disputes, losses, or damages arising from the Customer’s resale activities or Reseller Customer actions.
• Midhoster provides no guarantee of service availability, performance, or compatibility within Reseller Environments, and the Customer acknowledges that services resold may be subject to Midhoster’s operational constraints, with Midhoster reserving the right to modify, suspend, or terminate Reseller Environments or individual Reseller Customer instances at its discretion without prior notice, without liability for any resultant impacts on the Customer or Reseller Customers.
• The Customer shall indemnify, defend, and hold Midhoster harmless against all claims, liabilities, or costs arising from the Customer’s use of Reseller Environments or the actions of Reseller Customers, including but not limited to service disputes, intellectual property violations, or non-compliance with these Terms, with Midhoster retaining the unilateral right to suspend or terminate Reseller Environments at its discretion to mitigate risk, without obligation to provide notice or remedial action to the Customer or Reseller Customers.
• Fees for Reseller Environments, excluding VAT (BTW), shall be determined by Midhoster at its discretion based on resource usage, number of Reseller Customers, or additional services provided, with the Customer remaining solely liable for all Fees regardless of Reseller Customer payments, and the Customer waives any claims for damages or compensation arising from service unavailability or termination affecting Reseller Customers, with Midhoster’s liability limited to willful misconduct (opzet) as adjudicated by a Dutch court.

• All Intellectual Property rights in the Services, including software, platforms, trademarks, and proprietary technologies, remain the exclusive property of Midhoster or its licensors. The Customer is granted a limited, revocable, non-exclusive, non-transferable license to use such Intellectual Property solely for the duration and purpose of the Agreement, terminable at Midhoster’s discretion with or without notice.
• The Customer grants Midhoster an irrevocable, worldwide, royalty-free, perpetual license to use, store, process, and modify Customer Content as Midhoster deems necessary to provide, enhance, or secure the Services, including post-termination for residual obligations (e.g., backups, compliance).
• The Customer shall not copy, modify, reverse-engineer, or distribute Midhoster’s Intellectual Property, and any violation shall result in immediate termination and liability for damages, at Midhoster’s election.
• Any suggestions, feedback, or recommendations provided by the Customer ("Feedback") become Midhoster’s sole property, with the Customer irrevocably assigning all rights thereto, and Midhoster may exploit such Feedback without compensation or restriction.

• The Services are provided "as-is" and "as-available," with Midhoster disclaiming all warranties, express or implied (e.g., merchantability, fitness for purpose), to the fullest extent permitted by Dutch law.
• Midhoster shall not be liable for any indirect, incidental, special, consequential, or punitive damages (e.g., loss of profits, data, goodwill), regardless of the legal theory, even if advised of such damages, unless caused by Midhoster’s willful misconduct (opzet) as determined by a Dutch court.
• Midhoster’s aggregate liability shall not exceed the lesser of EUR 100, USD 100, or GBP 100 (excluding VAT (BTW)), or the Fees paid by the Customer in the three (3) months preceding the claim in the invoiced currency, unless mandated otherwise by non-waivable Dutch law.
• Midhoster shall not be liable for third-party failures (e.g., registrars, RIRs), and the Customer waives all related claims.

• The Customer shall indemnify, defend, and hold Midhoster, its affiliates, and their respective officers, directors, employees, agents, successors, and assigns harmless against all claims, liabilities, and costs (including attorney’s fees) arising from the Customer’s use of the Services, Customer Content, or breaches of these Terms, with Midhoster retaining sole control over defense and settlement.
• Midhoster shall have no obligation to indemnify the Customer unless explicitly agreed in writing, and any such indemnity shall be limited to Midhoster’s discretion and capped at EUR 100, USD 100, or GBP 100 (excluding VAT (BTW)), excluding third-party claims arising from Customer actions.

• Midhoster may suspend access to the Services at its sole discretion, with or without notice, for any reason, including non-payment, AUP violations, or operational needs, without liability.
• Midhoster may terminate the Agreement immediately, without notice or cure period, for any breach or at its discretion, with the Customer remaining liable for all Fees in the invoiced currency (EUR, USD, or GBP). The Customer may terminate with ninety (90) days’ written notice, subject to full payment of all outstanding Fees.
• Upon termination, Midhoster may delete Customer Content immediately, with no obligation to retain or return it, and the Customer waives all related claims.

• Midhoster shall not be liable for any failure or delay due to a Force Majeure Event, as determined by Midhoster in its sole discretion, and may suspend or terminate Services without liability during such events.

• The Customer shall maintain absolute confidentiality of Midhoster’s Confidential Information, with Midhoster determining the scope and duration of such obligations, surviving termination indefinitely.

• These Terms are governed by Dutch law, with Midhoster’s interpretation prevailing unless overridden by mandatory provisions.
• Disputes shall be exclusively resolved in the District Court of Oost-Brabant (’s-Hertogenbosch), at Midhoster’s election, unless mandatory consumer law applies.

13.1 Purpose and Scope

• This Acceptable Use Policy ("AUP") forms an integral part of these Terms and governs the Customer’s use of the Services. The Customer agrees to comply with this AUP at all times, as determined and updated by Midhoster at its absolute discretion.

13.2 Prohibited Activities

• The Customer shall not engage in, or permit any end-user to engage in, illegal, abusive, or disruptive activities, including but not limited to:
  • Illegal activities such as cybercrime, fraud, or distribution of unlawful content;
  • Spam, phishing, or unsolicited bulk emails;
  • Distribution of malware, viruses, or hacking attempts;
  • Denial-of-service attacks or network disruptions;
  • Hosting of prohibited content (e.g., child exploitation, hate speech);
  • Unauthorized access or hijacking of network resources;
  all as determined by Midhoster in its sole discretion.

13.3 Enforcement

• Midhoster reserves the right, but not the obligation, to monitor the Customer’s use of the Services for compliance with this AUP. Midhoster may, at its sole discretion:
  • Investigate suspected violations;
  • Remove or disable access to Customer Content;
  • Suspend or terminate Services immediately;
  • Report violations to authorities;
  all without liability to the Customer, who waives all related claims.

13.4 Customer Responsibility

• The Customer is solely responsible for ensuring end-user compliance with this AUP, with violations by end-users deemed violations by the Customer.

Midhoster B.V.

Saffierborch 18, 5241 LN Rosmalen, Noord-Brabant, Netherlands

Contact for legal matters: [email protected]

By using Midhoster Services, you agree to these Terms & Conditions.