Terms of Service

The following Terms of Service ("TOS", "Terms" or "Agreement") apply to your use of our website and all services, features and/or content provided by Nethost24 ("Nethost24", "we", "us", "our" ). Nethost24 is the trading name of Nethost24 Internet Ltd. By purchasing one or more Services from Nethost24, you represent that you have read, understand and agree to be bound by these TOS. The latest version of our TOS is always available on the Nethost24.com website. It is essential that you read these TOS before purchasing any Nethost24 Services.

Customer agreement

The TOS apply to all Services that Nethost24 provides to you for the entire Term, or the Renewal Term. All customers must agree to all stated terms and conditions prior to subscribing to any of the hosting plans and services listed on Nethost24. You agree to use only licensed and legal third party software in connection with the use of our services. Nethost24 reserves the right to suspend or terminate a customer's access to any or all services provided, at any time, or where Nethost24 decides that the account has been used inappropriately or otherwise.

1. Content

1. 1. Nethost24 reserves the right to refuse service and/or access to its servers to anyone. The services provided by us are to be used for lawful purposes only. Transmission, storage or submission of any information, data or material in violation of any applicable law or regulation is prohibited.
   2. The activities listed below are intended to provide you with examples of activities and content that are strictly prohibited.
   3. Topsites, ponzi or pyramid schemes, prime bank programs, bank debentures/bank debenture trading programs, cryptocurrency/bitcoin miners, forex, e-gold, proxy, bots, spam bots, mail bombers, port scanners, IP scanners, mail harvesting scripts, brute force scripts, chat rooms, banner rotators, archive websites, use of disk space as secondary storage, sales of illegal pharmaceuticals, drugs, explosives, anonymous or bulk sms gateways, malware, warez, phishing materials, lottery, gambling, illegal downloads, pirated software distributions, escrow, high-yield investment programs, adult galleries, streaming or broadcasting of copyrighted live events. Websites that promote illegal activities or links to other websites that promote illegal activities.
   4. Website content that promotes or advocates human trafficking in any form or manner as determined in Nethost24's sole discretion, sites that promote prostitution or escort services.
   5. Any website that hosts child pornography, links to child pornography or exploitative content will be suspended immediately without notice or warning.
   6. Adult materials: includes any pornography, erotic images or any other lewd or obscene content. The designation of "adult material" is left entirely to the discretion of Nethost24.
   7. Embedding or uploading high-resolution audio/video/images on the website or linking to other websites that promote high-resolution audio/video/images.
   8. Illegal material: this includes copyrighted works, commercial audio, video or music files, and any material that violates any regulation or material that is perceived to be misleading.
   9. Warez: this includes, but is not limited to, pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing and encryption of any of the above. It also includes any site that provides "links to" or "how to" information about such material.
   10. Games: We strictly do not allow any games to be hosted on our servers. Your hosting account will be terminated immediately if we find anything related to games on your hosting account.
   11. IRC Servers: hosting an IRC server that is part of or connected to another IRC network or server or has a connection to an IRC network. Servers or virtual hosting accounts that are connected to or part of these networks will be immediately removed from our network without notice. The server will not be reconnected to the network until such time as you agree to completely remove all traces of the irc server and agree to allow us access to your server to confirm that the content has been completely removed. Any server guilty of a second violation will result in immediate account termination.

Nethost24 reserves the right to consider any other content or literature as "banned" if it is deemed indecent, rude, hateful and generally unacceptable.

In accordance with the DMCA, Nethost24 has adopted procedures for parties who believe that a site hosted on our service is infringing their copyright. All copyright complaints should be sent to support @ Nethost24.com

2. Abuse of resources

1. 1. Any attempt to compromise or actual compromise of a network device belonging to Nethost24 or any other company, individual or other entity is strictly prohibited. This offense also includes port scans, IP range scans and vulnerability scans. All violations or suspected violations will be vigorously investigated and may result in immediate termination of service.
   2. Denial of service (DOS) attacks directed at Nethost24, or any attempt to launch a denial of service attack from our servers, are strictly prohibited. All violations or suspected violations will be vigorously investigated and may result in immediate termination of service.
   3. It is strictly prohibited to host any software, source code or any other material that is illegal or can be used to commit an illegal act. This includes but is not limited to software exploits; exploiting source code, hacking tutorials, hacking tools, viruses and Trojans, bomb making and similar device tutorials. All violations or suspected violations will be vigorously investigated and may result in immediate termination of service.
   4. Hosting of material that infringes any copyright, trademark or service mark is strictly prohibited. This also includes the storage and transmission of pirated movies, music, software, ringtones or anything else that is considered "Warez". Any genuine complaints received will be investigated and may result in termination of service.
   5. Hosting defamatory, scandalous or private information about a person without their consent, intentionally inflicting emotional distress or violating trademarks, copyrights or other intellectual property rights.
   6. Any attempt to undermine or cause damage to any of our servers is strictly prohibited. We have no responsibility for the use of our customers' accounts. Any account that abuses resources and no action is taken to desist the activity may have immediate deactivation without refund.
   7. Any site that uses what we consider to be excessive CPU cycles or any resources that cause stress to other sites may also be offered new terms (i.e. upgrade). Although we offer 99.95% uptime, we cannot guarantee this completely, this is due to the upgrades we carry out, which are also part of our maintenance.
   8. If any customer is in any way disrespectful to any member of Nethost24 staff, we have every right to remove them from our services without refund.

3. Unsolicited Commercial E-mail/Unsolicited Bulk E-mail (SPAM)

1. 1. Use of our service to transmit any unsolicited commercial or bulk email is expressly prohibited. Violation of this SPAM policy will result in immediate account suspension, and possibly future deletion.
   2. Upon notification of an alleged violation, we will initiate a full-scale investigation during which we may restrict the customer's access to the network to prevent further violations.
   3. If it is determined that a customer has violated our policy, we may, at our sole discretion, restrict, suspend or terminate the offending hosting account. In addition, we reserve the right to seek civil remedies for any costs associated with the investigation of a substantiated policy violation. We will notify law enforcement officials if the violation is believed to be a criminal offense.
   4. Anyone using our service to host websites or services that support spammers or have our IP range included in any of the various spam databases will have their account(s) suspended immediately and an administrative fee of €250 will be charged to their account.
   5. The account will not be reactivated until such time as you agree to remove all traces of the offending material immediately upon reconnection. First violations of this policy will result in a warning and your account will be reviewed for possible immediate termination. A second violation may result in immediate termination of your account and administrative charges will be €500. Serious violations may result in immediate and permanent removal of the account(s) from our network without prior notice to the customer.
   6. We have a zero tolerance policy for the use of our service for the posting of commercial messages or advertisements that violate the rules, regulations or bylaws of any newsgroup or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are requested by the recipients are permitted.
   7. We also prohibit the hosting of publicly available "open relay" SMTP or anonymous mail forwarding service for any purpose, cause or reason.

4. Bandwidth

If the customer's account exceeds the bandwidth limit, we will inform the customer. If the customer does not wish to purchase additional bandwidth or upgrade their account and continues to exceed their limit, the account will be suspended until the customer takes steps to ensure that the limit is not exceeded again or when the account is upgraded, whichever is earlier The account would be reactivated in the following month.

5. VPS Rules

Generally we offer a control panel to manage and operate the VPS. All customers who have a simple VPS would have to configure DNS, user accounts, email accounts and other activities related to the setup of that VPS. The support team will not be responsible for this.

6. Commercial advertising: electronic mail (SPAM) / UNSOLICITED COMMERCIAL EMAIL (UCE)

1. 1. Spamming, sending unsolicited email from our servers or using email addresses that we maintain is STRICTLY prohibited and will qualify your site for immediate deactivation without refund. Nethost24 would be the sole arbiter as to what constitutes a violation of this provision.
   2. To ensure that our servers provide us with optimal performance, we have set limits on the amount of outgoing emails that can be sent per domain per hour. The numbers defined here are the maximum limit for the highest plan of that service, if you choose a lower plan, the limit on the amount of outgoing emails may vary. Shared customers could send up to 100 outgoing emails per hour, reseller users up to 25 emails per hour, while VPS/cloud customers could send 1000 outgoing emails every hour. Customers with dedicated servers can send 3000 emails per hour.
   3. We do not guarantee email delivery to the inbox with any of our hosting plans.

7. Backup Policy

1. 1. Your use of the Services is at your own risk. You agree to back up all of your User Content so that you can access and use it as needed. Nethost24 does not guarantee that it will back up any Account or User Content, and you agree to accept as a risk the loss of all of your User Content.
   2. You as a Nethost24 User agree that in no event shall Nethost24 be held liable for loss of data under any circumstances.
   3. Customers who have subscribed to the paid backup service with shared and reseller hosting plans. For such customers, we perform a daily database backup with a 7-day retention period. Website backup will be performed weekly with a retention period of 1 day. Any backups maintained by Nethost24 will not have any email or media files included.
   4. Customers using the control panel tool to perform backups must download the backup from the server and delete it from the server. Nethost24 may remove all backups from the server without any notification to preserve customers' usable space. You are not allowed to use the hosting space to store backups.

8. Payments

1. 1. De Registros de Dominio: No se aplica ningún reembolso una vez que el dominio está registrado.
   2. Infracción de dominio: no puede registrar un nombre de dominio que sea similar a un dominio de marca registrada/un dominio similar a una marca y se dedique a un negocio que proporcione bienes o servicios similares. Cualquier persona que intente registrar dicho nombre de dominio será responsable de la infracción de la marca comercial. 
   3. Renovación de dominio: le enviaremos recordatorios para renovar su dominio un mes antes de su vencimiento. Por falla o retraso en la renovación de un dominio, no nos hacemos responsables. Una vez que se renueve un dominio, no se otorgarán reembolsos.

9. Hosting Ilimitado

1. 1. What does "Unlimited" mean? Unlimited Disk Space/Bandwidth/Website Plans. This means that we do not set a limit on the amount of bandwidth, websites or disk space you can use in the normal operation of a personal or small business website, as long as you comply with these terms. However, in the event that use of your service or content presents a risk to the stability, performance or uptime of our servers, data storage, networks or other infrastructure, you may be required to upgrade to a VPS, or we may take steps to restrict the resources your website uses.
   2. "Unlimited" DOES NOT MEAN that Nethost24 uses complex and unique mechanisms for a single user. Nethost24's service offers a shared hosting service, which means that several web hosting subscribers' websites are hosted on the same server and share server resources. Nethost24's service is designed to meet the typical needs of small and medium-sized businesses around the world. It is NOT intended to support the sustained demand of large enterprises or non-typical applications that are better suited to a VPS or dedicated server. Nethost24 will use commercially reasonable efforts to provide additional resources to Subscribers using its website(s) in accordance with these Terms, including moving Subscribers to newer and larger shared servers as necessary. However, in order to ensure a consistent and quality experience for all Subscribers, Nethost24 places automated security measures in place to protect against any website(s) growing too quickly and negatively impacting the system until Nethost24 can assess the resource needs of such sites.
   3. Unlimited hosting space; Excessive SQL Database Nethost24 does not set any specific limit on the amount of disk space that a Hosting Subscriber may use for its website, nor does Nethost24 charge additional fees based on a greater amount of storage used, provided that the Hosting Subscriber's storage usage complies with these Terms. However, please note that the Nethost24 service is designed to host websites. Nethost24 does NOT provide unlimited hosting for online storage, videos, images, audio, games, installers, executable files, backup or archiving of electronic files, documents, log files, web crawlers or indexers, irc, torrent, file sharing, test environment, etc., and any prohibited use of the Services will result in termination of the hosting subscriber's account, with or without notice. Accounts with excessive database size (i.e., more than 1 GB) adversely affect server performance. Nethost24 may request that the database size be reduced to ensure adequate performance or may deactivate the Subscriber's account, with or without notice. Hosting Subscribers may create multiple databases, however, the size of each database must not exceed 1 GB.
   4. Unlimited file transfer Nethost24 does not set any limits on the amount of visitor traffic a website may receive or the amount of content a Hosting Subscriber may upload to its website in any given month, nor does Nethost24 charge additional fees based on increased bandwidth usage, provided that the Hosting Subscriber's use of the Services complies with these Terms. In most cases, a Hosting Subscriber's website will be able to support as much traffic as the Hosting Subscriber can legitimately acquire. However, Nethost24 reserves the right to limit processor time, bandwidth, processes or memory where necessary to avoid a negative impact on other Hosting Subscribers.
   5. Unacceptable use of resources
      1. Run cron entries at intervals of less than fifteen (15) minutes.
      2. Execute any MySQL query that lasts longer than thirty (30) seconds.
      3. Using twenty-five percent (25%) or more of our system resources for more than ninety (90) seconds at a time. Activities that could cause this excessive usage include, but are not limited to: CGI scripting, FTP, PHP, HTTP, etc.
      4. The size of each mailbox should not exceed 5 GB and the combined size of the mailbox per domain should not exceed 50 GB. Once these limits are exceeded, you can continue to use it without problem on an unlimited basis if Nethost24 considers that the infrastructure is adequately maintained. Otherwise, you will receive an email offering a free migration to a server with more capacity. This point does not apply to VPS or dedicated servers.
      5. The "unlimited" usage policies and definitions apply only to shared and reseller hosting accounts. 

10. Allowed CPU and disk usage

1. 1. Space on the shared hosting server may only be used for web files and to host a user's website. This space may not be used for media storage or for storing other data, such as storing electronic files, storing website backups, FTP host or for demonstration purposes. We reserve the right to inspect all shared hosting accounts for additional use of disk space, CPU and other resources that may violate this Agreement or the AUP.
   2. We may terminate access to the Services at our sole discretion, or remove or delete User Content from accounts deemed to be in violation of these Terms and Conditions and other policies. Dedicated and VPS usage limits will depend on the amount of resources allocated to the plan you have purchased.

11. Reseller terms and customer liability

1. 1. You are not allowed to use a shared hosting account to resell web hosting to others. Reseller hosting plans should be considered if you wish to become our reseller.
   2. Resellers must ensure that each of their customers follows this Agreement.
   3. Resellers are fully responsible for providing support to their customers, including customer service, billing and technical support. We are not responsible for providing assistance to reseller users. Any assistance needed for the customer's problem must be reported by the reseller on behalf of the user.
   4. Resellers are solely responsible for any content that is stored or transferred under their reseller account and the actions of their Users. We may hold any reseller liable for any activity on their customer's account that violates the law or this Agreement.
   5. The Company shall not be liable for the acts or omissions of our resellers. The reseller hereby agrees to indemnify the Company for any claims brought by any Customer resulting from the reseller's acts or omissions.
   6. The Company reserves the right to revise our Reseller plan at any time as necessary. Changes will be made as publicly posted or at such later date as the Company may designate.

12. The Company as a reseller

1. 1. We may use certain third-party services, hardware, software and equipment and use them as a reseller.
   2. We are not responsible for any modifications to the Services that cause the resold Products to become obsolete, including enhancements or adjustments that otherwise impact the performance of the Services.
   3. Any failure or defect of the resold services, whether sold, sublicensed or delivered by us, shall not be considered a breach of the Company's obligations under this Agreement.
   4. Any rights or suggestions you may have with respect to the possession, license, performance or infringement of any resold Product shall be limited to the rights extended to you by the manufacturer of such resold Product.
   5. You are qualified to use any Resold Products we provide to you only in connection with your use of the Services as permitted under this Agreement.
   6. No attempt shall be made to clone, change, reverse engineer, alter or use any resold Product other than in connection with the Services.

13. Service Guarantee

1. 1. Any service interruption or downtime due to scheduled maintenance by Nethost24 or our network providers will not count towards the uptime guarantee.
   2. Nethost24 is not responsible in any way for the failure of third party services.
   3. Nethost24 shall not be liable for any failure or delay in the performance of its obligations if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental agency, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption or delay in transportation, unavailability, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or energy used in or equipment necessary for the provision of the Services.

14. Security of the company's account and systems

1. 1. You are responsible for any misuse of your account, so you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server.
   2. Your password provides access to your account. It is your responsibility to keep your password secure.
   3. Sharing your password and account access with unauthorized users is not recommended. You should take care and prevent others from using your account as you will be responsible for the consequences.
   4. Attempting to obtain another user's account password is strictly prohibited and will result in termination of service.
   5. You should take appropriate security measures to prevent or minimize unauthorized use of your account.
   6. You may not attempt to circumvent user authentication or the security of any host, network or account. This includes, but is not limited to, accessing data that is not intended for you, logging into or making use of a server or account that you are not expressly authorized to access, or testing the security of other networks. The use or distribution of tools designed to compromise security is prohibited. Examples of such tools include, but are not limited to, password guessing programs, cracking tools, or network probing tools.
   7. You may not attempt to interfere with the service of any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" networks, deliberate attempts to overload a service, and attempts to "crash" a host. Users who breach system or network security may incur criminal or civil liability. Nethost24 will cooperate fully with investigations of systems or network security breaches at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
   8. It is your duty to ensure that all programs/scripts installed on your hosting account are secure and that directory permissions are set correctly, regardless of the installation method. When possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions performed on their account. This includes the compromise of credentials, such as username and password. You must use a strong password. If a weak password is used, your account may be suspended until you agree to use a stronger password. Audits may be conducted to prevent the use of weak passwords. If an audit is performed and your password is determined to be weak, we will notify you and give you time to change or update your password before suspending your account.
   9. The Services, including all related equipment, networks and network devices, are provided only for authorized customer use. We may, but are not obligated to, monitor our systems, including, but not limited to, ensuring that use is authorized, facilitating protection against unauthorized access, and verifying security procedures, survivability and operational security. During monitoring, information may be scanned, examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
   10. Any account that is connected to a third party's network or system without the third party's authorization is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. We may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
   11. Any account found to be compromised may be disabled and/or terminated. If you do not clean up your account after we notify you of an ongoing problem, we reserve the right to keep your account disabled. Upon request, we may clean up your account for an additional fee.
   12. We reserve the right to migrate your account from one data center to another to comply with applicable data center policies, local law or for technical or other reasons without prior notice.

15. Billing Policy

1. 1. If you pay by credit card, debit card, net banking, etc.: the account will usually be set up immediately once the payment is confirmed. If you pay by bank transfer, the account will be activated upon receipt of payment.
   2. The 30-day money back guarantee only applies to first time registrations. Second and subsequent registrations are not eligible for the same. For example, if you already had an account with us, cancelled it and re-registered, you will not be eligible for a refund or if you opened a second account with us.
   3. The refund does not apply to domain registration/transfer/renewal.
   4. Modifications made to the pricing pattern or policy by the software licensing company will be effective immediately for Nethost24 customers.
   5. Money-back guarantee is provided on shared hosting, reseller hosting, WordPress hosting and email hosting.
   6. No refund will be made if your Service(s) are suspended or terminated for cause.
   7. No refunds will be issued in the event the web hosting account is involved in violation of our terms of service or any type of excessive use of illegal or system resources or after a period of 30 days or beyond the coverage of our refund policy as stated here.
   8. Transfer fees would apply if you wish to transfer the free domain name to some other provider. Without transfer fees, the domain will not be released.
   9. Refund request made after 30 days will not be processed and will not be eligible for any refund.
   10. The cancellation request must be sent through the client area.
   11. After submitting the cancellation request, it may take up to 14 days to complete the refund process.

16. Cancellation Process

1. 1. At any time, if you wish to discontinue our services, you can make a cancellation request through your client area. Before that, you must pay all outstanding fees (if any).
   2. You can choose immediate cancellation or request cancellation after your subscription period expires. If immediate cancellation is selected, you will no longer have access to your hosting plan/service. If cancellation is selected after the end of your tenancy period, you will continue to have access to use the Services purchased until the end of your prepaid period.
   3. It is your responsibility to back up all of your data prior to making a cancellation request. Once you make the cancellation request, all your data on our server will be deleted and cannot be recovered or restored.

17. Taxes

The price mentioned on the site does might not include taxes. To see the price including tax, please refer to the Cost Calculator for each plan or start the subscription process without finalizing the payment. The tax inclusive amount will be added to your final invoice once you add items to your cart.

18. Late payment or non-payment

1. 1. Unpaid invoices may result in the suspension or cancellation of your web hosting account. Your suspended account will only be restored after settling the outstanding invoice, after which you will be able to access your data.

1. 1. If your account is cancelled, the data residing in it will not be restored and will be treated as a new account. If you do not renew your subscription on time, you will be charged on your invoice.
   2. We will not activate new orders or activate new packages for customers who have an outstanding balance on their account.

19. Invoice disputes

For any questions regarding the cost of your account, please contact our billing team at soporte @ nethost24.com

20. Termination of the account

Your Nethost24 hosting account may be terminated due to the following reasons:

1. 1. You decide: At any time during your subscription, if you no longer wish to continue with our services and wish to make a cancellation request with immediate termination, your hosting account will be suspended immediately and cancelled within 48 hours.
   2. Cancellation upon expiration: If you make a cancellation request to discontinue our services after your subscription expires, your hosting account will be suspended at the end of the subscription and will be terminated within 48 hours (after the expiration date).
   3. Failure to renew: In case you fail to renew your hosting account by the due date, your hosting account will be suspended after 24 hours and cancelled within 48 hours (after the due date).
   4. Violation of our Terms of Service: If you violate our terms of service during your subscription period at Nethost24, it will result in immediate account suspension and termination. As soon as we receive a notification about the service violation, we usually take instant action.
   5. Potential fraud: We have an anti-fraud system that monitors all orders as soon as they are placed. During such an occurrence, we will conduct a verification process manually. In this process, if we request certain information and it is not provided, account suspension and cancellation will take place immediately.
   6. A dispute or chargeback: During violation of our Terms of Service, we would initially suspend and allow 7 days to resolve the concern with Nethost24 before termination occurs. If it still remains unresolved, termination of your hosting account will occur.

Note: It is recommended to keep a backup copy of your hosting account to avoid losing your data due to termination. All your files will be deleted from the server, once your hosting account has been terminated and Nethost24 will not be responsible for the same.

21. Disclaimers of Liability and Indemnification:

Our services are provided "AS IS". To the extent permitted by law: no written, express or implied warranties (or guarantees) are made. We do not warrant that your use of our services will meet your requirements or expectations. We do not warrant that you will be able to access the services at any particular time or location. Use our services at your own risk.

Please note that your sole remedy for any dispute with us is cancellation of your account. By using our services, you agree that we, our suppliers, affiliates and agents will not be liable for any monetary amount or claim that exceeds the total amount of fees you have paid while using our services.

You agree to defend, indemnify and hold harmless our employees, officers, directors, agents, suppliers, from all liabilities, claims, expenses (including attorneys' fees) arising out of any claim, including: loss of profits, loss of data, work interruption, hardware failure or malfunction, service interruption, any other commercial damage or loss, or your use or misuse of the services.

Customer agrees that any legal action or proceeding shall be conducted by arbitration in accordance with the laws of the State of California. Jurisdiction and venue shall be San Bernardino County, California.

Because some states or jurisdictions allow the exclusion or limitation of incidental damages, in such states and situations, our liability and the liability of our employees, officers, directors, agents and suppliers shall be limited to the maximum extent permitted by law.

22. Certain Services; 404 error page

If you have not set up a 404 page, our default 404 error page will load when a visitor attempts to access a URL that has no information. By not creating a 404 page, you agree and authorize the Company to place a default 404 error page. This Company 404 error page may contain advertisements and other information about the Company and its services. As a company, we reserve the right to retain and collect all revenue generated from these advertisements.

23. Price change

The prices of our services may change from time to time depending on the prices of our provider. We are authorized partners of multiple licensing providers and domain registrars. If there are any changes in their pricing structure, we will be forced to increase the prices of our services to cover our costs. You should review billing information from time to time to avoid pricing surprises.

Third party beneficiaries

Except as expressly provided elsewhere in this Agreement, nothing in this Agreement is intended to, nor shall it be construed to, confer any rights upon any person other than the Parties hereunder and their respective successors and approved assigns. Notwithstanding the foregoing, Customer acknowledges and agrees that any third party provider of a good or service described in the contract definition as a third party beneficiary is the designated third party beneficiary of the requirements set forth in this Agreement because they apply exclusively to its goods or services and has the right to explicitly implement the terms and conditions.