Terms of Service

1. Acceptance of terms of service

1. As a precondition and requirement to use the services available via Europearl.Net, you, for yourself and for the company or other person(s), if any, you represent ("Subscriber" or "Subscribers", as applicable), hereby accept and agree to be legally bound by these Terms of Service ("Terms"). These Terms are effective immediately between the Subscriber and Europearl.Net, its subsidiaries and affiliates ("Europearl.Net"). Each Subscriber is subject to these Terms, and by using Europearl.Net's services, network and/or systems (collectively the "Services"), Subscriber agrees to be legally bound by and subject to all terms and conditions contained in these Terms, including as well all usage policies and other policies herein. To the extent not inconsistent therewith, these Terms are also incorporated into the individual service agreement, if any, of each Subscriber.
2. Subscriber represents and warrants that, if an individual, Subscriber is at least 18 years old and otherwise legally competent in all respects to, or, if an entity, Subscriber is a corporation, limited liability company, partnership, or other legal entity duly formed and in good standing, as applicable, and possesses all legal authority and power to accept and be bound by these Terms. Additionally, Subscriber represents and warrants that neither it, she, or he (as applicable), nor any entity it, she or he represents, is prohibited under any part of these Terms from registering or signing up with or otherwise subscribing to or receiving any of the Services from Europearl.Net. Further, Subscriber represents and warrants all information provided by Subscriber to Europearl.Net has been and is complete, accurate, and current, and that Subscriber shall continue to provide complete, accurate and current information to Europearl.Net in connection with all registration or renewal processes and further agrees to update all such information as necessary to maintain complete, accurate and current information. Although subscribers of paid services offered through Europearl.Net must be at least 18 years of age and otherwise legally competent to accept and be legally bound by these Term, a parent or legal guardian of a minor may obtain an account on the minor's behalf, and by doing so, consents to such minor's use of the Services. Subscribing parents and legal guardians each for herself or himself, as applicable, accept and agree to be legally bound by these Terms, and assume full responsibility and liability associated with any failure of compliance with the Terms in connection with said minor's use of any of the Services.
3. Europearl.Net intends to provide the best possible web hosting service to each of its Subscribers. Europearl.Net is also dedicated to staying abreast of new and available technologies that will better serve our Subscribers. However, due to changing technologies, changing laws and the individual and collective needs of our Subscribers, Europearl.Net reserves the right, in its sole discretion, to change, modify, add or remove all or any part of these Terms at any time with or without notice.
4. Subscribers may view the most current version of these Terms at www.europearl.net/es3/terms.html. Any use of the Services by Subscriber, after changes, modifications, additions or deletions to these Terms are posted on the Europearl.Net website, shall constitute Subscriber's acceptance of all such changes, additions, modifications or deletions. If a Subscriber does not agree to any such alterations to these Terms, the Subscriber's sole and exclusive remedy is to cancel the Subscriber's account as set forth in Paragraph 4.2 below.
5. Notwithstanding Europearl.Net's right to alter these Terms without prior notice, Europearl.Net may, within its sole discretion and as a courtesy to all affected Subscribers, make an effort to provide Subscribers with 7 days advanced notice of any alteration of these Terms if it appears to Europearl.Net, in its sole discretion, that said alteration may materially and adversely impact said Subscriber's use of the Services.
6. If Subscriber is registering a new domain name with Europearl.Net, or using or transferring a previously registered domain name in conjunction with Subscriber's use of the Services, Subscriber hereby acknowledges and agrees that Subscriber's use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN") and our third-party registrar.

2. Term - Payment - Renewal of Account & of Domain - Domain Transfer

1. Term of Service. The term of Subscriber's subscription to the Services commences upon Subscriber's acceptance of these Terms and terminates as set forth in Paragraph 4 below.
2. Payment. Subscriber agrees to pay all applicable fees for Account, Services and/or Domain in effect at the time of registration and/or renewal and/or notification, subject to these Terms as same may be modified by Europearl.Net from time to time. All prices are guaranteed for the year they are paid for only.
3. Renewal of Account, Services and/or Domain. Thirty (30) days prior to the expiration of Subscriber's hosting account and/or Services, Europearl.Net will issue an invoice/reminder to renew Subscriber's hosting account and/or Services, at the then-current, non-promotional rate. Likewise, thirty (30) days prior to the expiration of Subscriber's domain, if registered with Europearl.Net (or one of its Affiliates), or if transferred to and registered with Europearl.Net (or one of its Affiliates), Europearl.Net will issue an invoice/reminder to renew Subscriber's domain, at the then-current, non-promotional rate. Subscriber acknowledges and confirms that the obligation to renew her/his/its account or domain is solely and exclusively the responsibility of the Subscriber, and is not the obligation (contractual or otherwise) of Europearl.Net. Subscriber hereby releases Europearl.Net from all liability for her/his/its failure for any reason to renew said account or said domain. Subscriber acknowledges that there may be many reasons why Europearl.Net is unable to issue a renewal invoice/reminder for the said account or domain, including but not limited to inability of Europearl.Net, to contact or otherwise get response from Subscriber at last known email address, or otherwise. Subscriber acknowledges that said account and/or domain, if not renewed, for whatever reason, will expire on the account or domain expiration date, as applicable. Reactivations after expiration date are subject to extra charges.
4. Domain Transfer to. Upon successful transfer, Europearl.Net shall become the Registrant of Record unless otherwise stated. Domain name registration transfers may only be initiated once acceptance of the transfer agreement is recorded, payment is made as set forth in Paragraph 2.2 and the Administrative contact has responded positively to Europearl.Net or our third-party registrar email message asking for Permission to Transfer. The email message asking for Permission to Transfer will be sent to the Domain Name(s) Administrative Contact as identified in the previous Registrar's WHO-IS database. Subscriber agrees to retain a copy for her/his/its own records of the receipt for purchase of Domain name. The Administrative Contact will be acting on behalf of the Registrant and has legal authority to initiate this transfer request. Subscriber is responsible to check, update, and make sure the Administrative Contact's email with the previous Registrar's WHO-IS database are keep accurate and current prior the Domain name registration transfer process.
5. Domain Transfer from. Subscriber agrees not to request the transfer of any Domain name registered through Europearl.Net to another company during the first sixty (60) days from its initial registration date with Europearl.Net. Subscriber further agrees that Europearl.Net may in its sole discretion charge Subscriber the full fee if the request to transfer a Domain name registered through Europearl.Net is placed before expiration of Domain name.
6. Authority. In the event Subscriber is a corporation, limited liability company, partnership, joint venture, other business entity or group of individuals, the person registering for or renewing Europearl.Net Services on behalf of Subscriber hereby certifies that he/she has the authority to and does hereby bind the corporation, LLC, partners, joint venture or other individuals in this manner and in connection with Subscriber's acceptance of all other Terms set forth herein.

3. "Unlimited" Usage and Definitions

1. What "Unlimited" means. Europearl.Net does not set an arbitrary limit or cap on the amount of resources a single Subscriber can use. In good faith and subject to these Terms, Europearl.Net makes every commercially reasonable effort to provide its Subscribers with all the bandwidth resources needed to power their web sites successfully, as long as the Subscriber's use of the service complies with these Terms.
2. What "Unlimited" does not mean. Europearl.Net employs complex mechanisms to protect its Subscribers and systems from abuse. Europearl.Net's offering of "unlimited" services is not intended to allow the actions of a single or few Subscribers to unfairly or adversely impact the experience of other Subscribers.
   Europearl.Net's service is a shared hosting service, which means that multiple Subscriber web sites are hosted from the same server and share server resources. Europearl.Net's service is designed to meet the typical needs of small business and home business website Subscribers. It is NOT intended to support the sustained demand of large enterprises, internationally based businesses, or non-typical applications better suited to a dedicated server.
   Europearl.Net will make every commercially reasonable effort to provide additional resources to Subscribers who are using their website(s) consistent with these Terms, including moving Subscribers to newer and bigger shared servers as necessary. However, in order to ensure a consistent and quality experience for all Subscribers, Europearl.Net does place automated safeguards to protect against any one site growing too quickly and adversely impacting the system until Europearl.Net can evaluate said sites resource needs.
3. Unlimited File Transfer. Europearl.Net does not set arbitrary limits on the amount of visitor traffic a web site can receive or on the amount of content a Subscriber can upload to his/her/its website in a given month, nor does Europearl.Net charge additional fees based on increased use of bandwidth, as long as the Subscriber's use of the Services complies with these Terms. In most cases, a Subscriber's web site will be able to support as much traffic as the Subscriber can legitimately acquire. However, Europearl.Net reserves the right to limit processor time, bandwidth, or processes in cases where it is necessary to prevent negatively impacting other Subscribers.
4. Multiple Domain Names. Europearl.Net does not set arbitrary limits on the number of domain names a Subscriber can associate with the Subscriber's web hosting account.

4. Refuse and Cancellation of Services

1. Refusal. Subscriber agrees that Europearl.Net, in its sole discretion and without liability to Subscriber, may refuse to accept the registration of any Services. Europearl.Net may also in its sole discretion and without liability to Subscriber, delete and/or cancel access and/or renewal of any Services after registration has taken place, if any Services are being used, as determined by Europearl.net in its sole discretion, in association with spam or morally objectionable activities. Spam objectionable activities will include, but not limited to:
   • the transmission of unsolicited email (Spam);
   • repetitive, high volume inquires into any of the Services provided by Europearl.net (i.e. domain name availability, etc.);
Morally objectionable activities will include, but not be limited to:
• activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties;
• activities prohibited by the laws of the Malta and/or foreign territories in which you conduct business;
• activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography;
• activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable;
• activities designed to impersonate the identity of a third party; and
• activities designed to harm or use unethically minors in any way.
If Europearl.net delete and/or cancel access and/or renewal of any Services which are being used or have been used in association with spam or morally objectionable activities, no refund will be issued.
2. Cancellation. Subscriber may cancel his/her/its Services at any time. In the event Subscriber cancels any of his/her/its Services after registration, Subscriber will not be entitled to receive any refund. In the event Subscriber cancels any of his/her/its Services after registration, which Services are related to hosting or domain, Subscriber has the option, but not the obligation, to retain ownership and control of any promotional "Free Domain Names" registered in connection with the subscription after paying the fees and service charges related to each free domain name. Fees paid by Subscriber in connection with the purchase of Domain names, Private Domain names and SSL certificates are nonrefundable.
3. Notice of Cancellation. Subscriber must direct all cancellation requests to Europearl.Net via email sent to sales@europeael.net. Cancellation requests made through any other means will not be considered.

5. Prohibited Uses

1. Breach of Terms and Account Termination. The uses of Europearl.Net Services set forth in this section 5 hereinbelow are prohibited. The engaging in any prohibited use as set forth herein by Subscriber or by any affiliate or subscriber of Subscriber ( as determined in the sole discretion of Europearl.Net) constitutes a material breach of these Terms and will subject Subscriber's account to immediate termination without notice
2. Spamming. Spamming, whether or not it overloads the Services or disrupts service to Europearl.Net's Subscribers, is prohibited. The term "Spamming" includes, but is not limited to, the sending of unsolicited bulk and/or commercial messages over the Internet, maintaining an open SMTP policy, or sending to any mailing list that is not double opt in. Europearl.Net requires that all email messages contain an automated opt out . We do not allow purchased lists. Europearl.Net's Subscribers are required to follow all anti-spam laws as well as our company spam rules. Europearl.Net reserves the right to determine, in its sole and absolute discretion, whether e-mail recipients were part of an opt-in email list. Irrespective of whether an email campaign constitutes Spamming as defined herein, Europearl.Net allows a MAXIMUM of 500 emails per hour to be sent from any individual hosting account.
3. Prohibited Offerings. No Subscriber may utilize the Services to provide, sell or offer to sell the following: controlled substances; illegal drugs and drug contraband; weapons; pirated materials; instructions on making, assembling or obtaining illegal goods or weapons to attack others; information used to violate the copyright(s) of, violate the trademark(s) of or to destroy others' intellectual property or information; information used to illegally harm any people or animals; pornography, nudity, sexual products, programs or services; escort services or other content deemed adult related.
4. Profanity. Profanity or profane subject matter in the site content and in the domain name are prohibited.
5. Private Information and Images. Subscribers may not post or disclose any personal or private information about or images of children or any third party without the consent of said party (or a parent's consent in the case of a minor).
6. Violations of Intellectual Property Rights. Any violation of any person's or entity's intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited.
7. Misrepresentation of Transmission Information. Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.
8. Viruses and Other Destructive Activities. Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any Subscriber to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.
9. Hacking. "Hacking" and related activities are prohibited. "Hacking" includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.
10. Anonymous Proxies. Europearl.Net does not allow the use of anonymous proxy scripts on its servers. They can be very abusive to the server resources, affecting all users on that server.
11. Child Pornography. The use of the Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Europearl.Net is required by law to, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.
12. Other Illegal Activities. The use of the Services to engage in any activity that is determined by Europearl.Net, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, and failure to comply with applicable on-line privacy laws. Europearl.Net will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.
13. Obscene, Defamatory, Abusive or Threatening Language. Use of the Services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited.
14. Backup Storage. Europearl.Net offers its Services to host web sites, not to store data. Using an account as an online storage space for archiving electronic files is prohibited and will result in termination of hosting services without prior notice.
15. Other Activities. Engaging in any activity that, in Europearl.Net's sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, Europearl.Net's business, operations, reputation, goodwill, Subscribers and/or Subscriber relations, or the ability of Europearl.Net's Subscribers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate these Terms. In addition, the failure of Subscriber to cooperate with Europearl.Net in correcting or preventing violations of these Terms by, or that result from the activity of, a subscriber, patron, customer, invitee, visitor, or guest of the Subscriber constitutes a violation of these Terms by Subscriber.

6. Proprietary Rights

1. These Terms do not give Subscriber any rights in Europearl.Net intellectual property or technology. Europearl.Net and related trademarks and logos are the exclusive property of Europearl.Net and/or their registered owners. Europearl.Net and Subscriber agree that neither will, directly or indirectly, reverse engineer or decompile object code or execution code, nor otherwise seek to obtain source code or trade secrets of the other party. Notwithstanding the foregoing, nothing herein shall bar Europearl.Net from using any knowledge, information or skills that are generally known or that can be learned or otherwise acquired in the normal course of business.

7. Security

1. Europearl.Net uses sophisticated means of security in connection with the Services. Notwithstanding the foregoing, it is exclusively Subscriber's obligation to control user names and passwords to Subscriber's Services, and Subscriber exclusively is responsible for all activities that occur in connection with Subscriber's user names and passwords to Subscriber's Services. Subscriber agrees to immediately notify Europearl.Net of any unauthorized uses of the Service or any other breaches of security. Europearl.Net will not be liable for any loss or damages of any kind, under any legal theory, caused by Subscriber's failure to comply with the foregoing security obligations or caused by any person to whom Subscriber grants access to Subscriber's Services.

8. Privacy Policy

1. Commitment. The Europearl.Net commitment to our Subscribers' privacy is set forth in this section. Except as required by law or as otherwise provided herein, Europearl.Net will take commercially reasonable steps to ensure your right to privacy. Europearl.Net is committed to developing long lasting relationships that are built on trust and will never intentionally violate that trust.
2. Confidentiality. With the exception of trusted business affiliates and/or associates who work on behalf of or in connection with Europearl.Net, subject to specific confidentiality agreements, Europearl.Net will not provide or sell to any third party your personal information and will keep all Subscriber information confidential, subject to the following:
   • Upon registration, certain Subscriber information is transferred to WHOIS (domain registration information), to our affiliated third-party registrar (email addresses), and (SSL certificate creation).
   • Europearl.Net will respond to subpoenas, court orders, or other legal process, and will utilize Subscriber information as necessary to establish or exercise Europearl.Net's legal rights or defend against legal claims.
• Europearl.Net will share information to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations or suspected violations of these Terms, or as otherwise required by law.
• Europearl.Net may transfer information about Subscribers if Europearl.Net is acquired by or merged with another company, in which event Europearl.Net will notify Subscriber.
• activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography;
• activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable;
• activities designed to impersonate the identity of a third party; and
• activities designed to harm or use unethically minors in any way.

9. General

1. Promotional Pricing. Europearl.Net may periodically offer "free" or discounted services or credits in connection with a promotional offer, including, without limitation, free domain name registration. Such promotional offers are honored only in connection with the specific promotional package to which they apply. In the event a Subscriber downgrades or otherwise changes his/her/its subscription to a subscription to which a promotional offer does not apply, Subscriber will forfeit any unused free credits offered under the promotional packaged and Europearl.Net will charge Subscriber the prevailing fees for any free credits redeemed by Subscriber under the promotional package.
2. Backups. For its own operational efficiencies and purposes, Europearl.Net from time to time backs up data on its servers, but is under no obligation or duty to Subscriber to do so under these Terms. IT IS SOLELY SUBSCRIBER'S DUTY AND RESPONSIBILITY TO BACKUP SUBSCRIBER'S FILES AND DATA ON EUROPEARL.NET SERVERS, AND under no circumstance will Europearl.Net be liable to anyone FOR DAMAGES OF ANY KIND under any legal theory for loss of Subscriber FILES AND/or data on any Europearl.Net server.
3. Monitoring and Disclosures. All activities occurring on, in, and/or via the Services or any website hosted by Europearl.Net may be monitored, recorded, and examined by any authorized person, including as well law enforcement. In general, Europearl.Net does not monitor its Subscribers' websites or activities to determine whether they are in compliance with these Terms. However, when and if Europearl.Net becomes aware of any violation of these Terms, Europearl.Net may take any lawful action, and in the event of illegal activity, will take action, to stop or correct such violation, including, but not limited to, shutting down a website, denying access to the Services or to the Internet via Europearl.Net, and/or removing non-complying information. In addition, Europearl.Net may take any lawful action against a Subscriber or a subscriber, patron, customer, invitee, visitor, or guest of such Subscriber because of the activities of such subscriber, patron, customer, invitee, visitor, or guest. Europearl.Net reserves the right to take any such action even though such action may affect other subscribers, patrons, customers, invitees, visitors, or guests of the Subscriber. Europearl.Net may disclose any information in its possession, including, without limitation, information about Subscribers, internet transmissions and website activity in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, governmental request, or other legal process to protect Europearl.Net or others from harm, and/or to ensure the proper operation of the Services. Europearl.Net has no obligation to notify any person, including the Subscriber about whom information is sought, that Europearl.Net has provided the information.
4. Accurate Account Information. Subscriber must continually and immediately inform Europearl.Net to update and keep accurate and current Subscriber's contact information stored and saved on Europearl.Net in order to avoid termination of Subscriber's Europearl.Net account(s).
5. Duty to Notify Europearl.Net of Breach. If Subscriber discovers anyone on the Europearl.Net system violating any of these Terms or notices anything suspicious from the Europearl.Net network, Subscriber agrees to report the violation or suspicious activity to info@europearl.net for investigation. Europearl.Net reserves the right to and will immediately terminate any account which Europearl.Net concludes to be in violation of any of these Terms.
6. Reservation of Rights. Europearl.Net reserves the right to refuse or to cancel service to any prospective Subscriber or existing Subscriber for any lawful reason at any time during Subscriber's hosting term with Europearl.Net.
7. Severability. These Terms are binding upon Europearl.Net, all existing and prospective Subscribers, and upon the assigns, heirs, and successors of each. If any provision of these Terms is held by any court of competent jurisdiction to be invalid or otherwise unenforceable, the rest of these Terms shall, nevertheless, continue to be valid and in full force and effect, to the extent said remaining Terms are then otherwise consistent with the original intent of the Terms of Service.

10. WARRANTY DISCLAIMER - LIMITATIONS - INDEMNIFICATION

1. Warranty Disclaimer. YOU, THE SUBSCRIBER, ACKNOWLEDGE THAT THE SERVICES AND THE SOFTWARE ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. EUROPEARL.NET HEREBY DISCLAIMS ANY WARRANTY OR CONDITION WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND SOFTWARE, OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES AND SOFTWARE, OR THAT THE SERVICES AND SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND SOFTWARE MAY CONTAIN ERRORS. NO ADVICE OR INFORMATION GIVEN BY EUROPEARL.NET OR EUROPEARL.NET'S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, SUBSCRIBER SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. EUROPEARL.NET DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND CONTENT. EUROPEARL.NET DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. EUROPEARL.NET DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR EUROPEARL.NET IN PARTICULAR.
2. Limitations on Europearl.Net's Liability. EUROPEARL.NET SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL EUROPEARL.NET BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT EUROPEARL.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. EUROPEARL.NET SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. EUROPEARL.NET'S ENTIRE LIABILITY AND SUBSCRIBER'S EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF SUBSCRIBER'S ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL EUROPEARL.NET'S LIABILITY TO YOU, THE SUBSCRIBER, EXCEED ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU, THE SUBSCRIBER, TO EUROPEARL.NET FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION . SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, EUROPEARL.NET'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
3. Indemnification of Europearl.Net. You, the Subscriber, agree to defend, indemnify and hold Europearl.Net, its affiliates and its sponsors, partners, other co-branders and the respective directors, officers and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services, except to the extent the foregoing directly result from Europearl.Net's own gross negligence or willful misconduct. Europearl.Net reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, the Subscriber.
4. Accurate Account Information. Subscriber must continually and immediately inform Europearl.Net to update and keep accurate and current Subscriber's contact information stored and saved on Europearl.Net in order to avoid termination of Subscriber's Europearl.Net account(s).