General Terms and Conditions of
GPT LLM ORAGLE Ltd. Liability Co.
30 N Gould St, Ste N
Sheridan, WY 82801
United States
Part 1: General regulations
Clause 1: Applicability, conclusion of contract
(1) GPT LLM ORAGLE Ltd. Liability Co., a Wyoming close limited liability company with its principal office at 30 N Gould St, Ste N, Sheridan, WY 82801, United States ("Provider"), offers its services under the brand "Lastingweb", in particular via its website at https://lastingweb.com ("Website") and via the customer workspace at https://app.lastingweb.com ("Workspace").
(2) These General Terms and Conditions ("GTCs") apply to all contracts concluded between the Provider and the customer via the Website or the Workspace. They also apply to all contracts where the parties have agreed in another way that these GTCs apply.
(3) Any deviating, contravening or supplemental terms and conditions of the customer do not become part of the contract unless the Provider has expressly agreed to them in writing. This applies even if the Provider renders the service knowing that the customer's terms and conditions contravene these GTCs.
(4) Individual agreements made between the Provider and the customer, e.g. during the order process or in a written quote, take precedence over these GTCs to the extent of the individually agreed term. These GTCs supplement such agreements.
(5) The services on offer are intended exclusively for businesses, in particular law firms and lawyers and other legal professionals acting in the exercise of their profession. A "business" means a natural or legal person or a partnership who or which, when entering into a legal transaction, acts in the exercise of his, her or its trade, business or profession. A "consumer" means every natural person who enters into a legal transaction for purposes that are predominantly outside his or her trade, business or profession. Consumers may not order the Provider's services. By placing an order, the customer confirms that it is acting as a business. The Provider may refuse an order, or terminate a contract for good cause under Clause 5 (3), if there are reasonable grounds to believe that the customer is acting as a consumer.
(6) These GTCs also apply to any future contractual relations between the Provider and the customer, even if no separate, renewed reference to the GTCs is made.
(7) By completing checkout on the Website or in the Workspace, the customer makes a binding offer to enter into a contract. Directly after making this offer, the customer receives an e-mail confirming receipt of the order. This confirmation of receipt does not yet constitute acceptance of the offer. The contract comes into being only when the Provider accepts the offer, either by express e-mail confirmation or by giving the customer access to the ordered service in the Workspace, whichever occurs first.
(8) Contracts are concluded in the English language. If these GTCs are made available in other languages, the English-language version takes precedence in case of ambiguities.
(9) The Provider stores the agreed contractual provisions. The customer can view the current GTCs on the Website at any time.
(10) The Provider reserves the right to amend these GTCs to the extent required to adapt them to changed legal or technical conditions. The Provider will notify the customer of such amendments by e-mail and will highlight the amended passages. All amendments are deemed approved unless the customer objects in text form (e.g. by e-mail to legal@lastingweb.com) within six weeks of receiving notice of the amendments. Together with the notice of the amendments, the Provider will separately inform the customer of the right to object and of the legal consequences of remaining silent.
Clause 2: Services of the Provider
(1) The scope of the Provider's main service obligations is set out in the service description and plan details on the Website or in the Workspace at the time of the order. Depending on the plan ordered, the services may include in particular:
- hosting of a managed presentation website for the customer's law firm or legal practice;
- access to the Workspace editor for maintaining text, photos and blog articles, including drafts, preview, publication of releases, release history and rollback;
- connection of a custom domain, and registration, transfer and renewal of domains through a third-party registrar reseller (see Clause 8);
- business e-mail (mailboxes, aliases and forwarding) operated on the Provider's own mail servers;
- optional AI-assisted drafting of text proposals, which only become part of the website once the customer approves them (see Clause 17);
- contact forms on the customer's website that forward enquiries from website visitors to the customer.
(2) The customer's website, Workspace database and e-mail are hosted on servers of Contabo GmbH located in Germany (European Union). Published website releases and media files are also stored in Cloudflare R2 object storage, whose storage location is managed by Cloudflare and may be outside the European Union, including the United States. Certain other supporting services (e.g. DNS, content delivery and proxy, bot protection, payment processing and, if used, AI-assisted drafting) are provided by sub-processors that may process data outside the European Union, in particular in the United States. Details are set out in the Privacy Policy at /legal/privacy. An agreement on data processing on behalf of a controller (data processing agreement) under Article 28 GDPR is incorporated by reference into every contract (see Clause 12 (3)). A countersigned copy, including EU Standard Contractual Clauses where required, is available on request at privacy@lastingweb.com.
(3) Unless expressly agreed otherwise, the Provider may have the services it owes under the contract delivered by technically qualified in-house personnel and/or by third parties. Where the customer's active cooperation is required (e.g. supplying content, approving texts, changing DNS records at a third-party provider, or confirming a domain transfer), the customer must cooperate in line with the Provider's instructions within a reasonable deadline set by the Provider.
(4) The Provider may adapt its services at any time to reflect technical advances and/or a changed legal environment, provided this does not reduce the agreed scope and quality of the contractually owed service. This includes moving the services to another data center or infrastructure provider, provided the customer's data continues to be hosted primarily in the European Union.
(5) The Provider is only obliged to back up data if and to the extent this is expressly stated in the service description. The Provider keeps operational backups on its own infrastructure but does not guarantee their availability, completeness or restorability. The customer's own duty to back up data is set out in Clause 3 (7).
(6) If the Provider delivers additional services without charging for them, the customer has no claim to those services. After a reasonable period, the Provider may stop providing such free services, change them or start charging for them. The Provider will give the customer timely advance notice of any such cessation, change or new charge.
(7) The Provider's obligation to give technical support to the customer is limited to what has been contractually agreed. Support is provided by e-mail to support@lastingweb.com or via the Workspace. The Provider does not offer any further free support services. The Provider does not provide direct support to the customer's clients or website visitors unless specifically agreed otherwise in writing.
Clause 3: Duties of the customer
(1) When the contract is concluded, the customer must provide the Provider with the following data:
- name (or firm name) and postal address, e-mail address and telephone number of the customer, and confirmation that the customer is acting as a business; the VAT ID or other tax identification number, if one exists; and the name of the contact person;
- for each domain ordered or transferred: the registrant, administrative and technical contact data required by the registrar and the relevant registry (name, postal address, e-mail address and telephone number);
- if the customer keeps its domain's DNS with a third-party provider: the DNS access or the DNS records required to connect the domain to the website and the e-mail service.
(2) The customer warrants that the data provided to the Provider are correct and complete. This applies in particular to the customer's declaration that it is acting as a business.
(3) The customer must notify the Provider without undue delay of any changes to the data provided, and must confirm such data within seven (7) days of receiving a legitimate and justified data-related enquiry from the Provider.
(4) The Provider may, at its own discretion, require the customer to provide specific evidence or information, in particular (but not only) where there is reasonable suspicion that casts doubt on the customer's identity or on its status as a business or legal professional.
(5) The Provider reserves the right not to conclude contracts with customers from the following countries and territories: North Korea, Russia, Syria, Sudan, Iran, Cuba, the so-called People's Republics of Donetsk and Luhansk, and Crimea. The customer undertakes not to use the Provider's services, directly or indirectly, if the customer is located in any of these countries or territories. The customer further undertakes not to pass on the Provider's services to third parties from these countries or territories.
The Provider expressly points out that a breach of this undertaking may have legal consequences, such as claims for damages and/or the exercise of the Provider's right to terminate for good cause under Clause 5 (3) of these GTCs.
The Provider may change the above list of countries and territories at its own discretion in response to changes in factual or political circumstances or in applicable sanctions law, in particular the sanctions programmes of the United States (OFAC), the European Union and the United Nations. The Provider will inform affected customers of any change with reasonable advance notice. The Provider reserves the right not to conclude contracts with customers from countries and territories added later. The obligations and legal consequences set out in these GTCs, in particular (but not only) claims for damages and the Provider's right to terminate for good cause, also apply to customers from countries and territories added later.
(6) The Provider may screen the data provided by the customer against sanctions lists, at the time of the order and from time to time during the contract. This includes, in particular, the lists administered by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC), the European Union and the United Nations. The purpose is to ensure that the customer is not subject to applicable government sanctions. Within the meaning of this provision, a customer is affected by applicable government sanctions if the Provider cannot reliably establish that the customer is not a natural person or entity named on such sanctions lists or otherwise subject to applicable government sanctions.
In this context, the Provider reserves the right not to conclude contracts with customers affected by government sanctions.
(7) The customer must back up its relevant data properly and regularly, in particular website content, images, blog articles and e-mails, for example by using the export function in the Workspace. This also applies if the Provider keeps backups of its own.
(8) The customer alone is responsible for making sure that its website, its e-mail communications and its handling of enquiries from website visitors comply with the professional rules that apply to it, in particular rules on lawyer advertising, mandatory information, professional secrecy and client confidentiality. The Provider does not provide legal advice and does not review the customer's content for compliance with professional rules.
(9) The Provider expressly points out that a breach of the obligations set out in these GTCs may have legal consequences, such as claims for damages and/or the Provider's right to terminate for good cause under Clause 5 (3) of these GTCs.
Clause 4: Payment terms
(1) The Provider's services are billed as a monthly subscription. The monthly fee is due in advance at the start of each billing month. Any one-time setup fee is due immediately when the order is placed. Example: a plan of EUR 59 per month plus a one-time setup fee of EUR 249, each excluding any applicable taxes. The prices and plan details shown on the Website or in the Workspace at the time of the order apply.
(2) The customer may pay by credit or debit card, processed by Stripe, or, on request, by invoice payable by bank transfer to the Provider's account with Mercury.
(3) All prices are stated and charged in euros (EUR). The customer may not change the currency during the contractual term.
(4) For card payments, the amount owed is charged to the stored card automatically on the due date, in advance for each billing month. Invoices for payment by bank transfer are payable without deduction within 14 days of the invoice date unless the invoice states otherwise.
(5) The Provider credits any refunds owed to the same account or means of payment that the customer used. No repayment will be made where it would violate applicable law. This applies in particular where the customer comes from one of the countries or territories defined in Clause 3 (5) or is subject to applicable government sanctions as defined in Clause 3 (6).
(6) The Provider may make its contractual service conditional on payment of the setup fee and the first monthly fee.
(7) Where the customer commissions the Provider to render services beyond the tasks set out in these GTCs and in the service description (e.g. extensive content creation, custom design work, migration of content from third-party systems, or fixing problems not caused by the Provider), the Provider is entitled to appropriate remuneration, determined in the individual case and agreed with the customer in advance.
(8) The Provider may adjust its prices in line with market developments. A price increase generally requires the customer's consent. If prices are increased during an existing contractual relationship, the customer has a special right to terminate. The Provider will notify the customer of any price increase at least 30 days before it takes effect. The customer may terminate the contract with effect from the date on which the price increase takes effect by notifying the Provider before that date. If the customer does not exercise its special right of termination within this period, it is deemed to have consented to the price increase. The new prices then become part of the contract from the date announced.
(9) The Provider is a company based in the United States and currently charges no value added tax (VAT) or sales tax on its services. The customer is responsible for assessing and paying any VAT, use tax or other import or reverse-charge taxes that may be due in its own jurisdiction. If the Provider becomes legally obliged to charge VAT, sales tax or a similar tax, or if the applicable tax rate or the method of calculation changes, the Provider may add such taxes to its fees or adjust its fees accordingly.
(10) For failed card payments, returned bank transfers or payment chargebacks for which the customer is responsible, the Provider will charge a fee equal to the costs it actually incurs. This does not apply if the customer can demonstrate that the Provider suffered no damage or significantly less damage than claimed.
(11) If the customer is in default of payment, the Provider will send a payment reminder. If the overdue amount is still not paid within the period stated in the reminder, the Provider may suspend the services until the arrears have been paid in full. In particular, the Provider may take the website offline, pause e-mail delivery and restrict access to the Workspace. The customer's payment obligations continue during the suspension. Once the arrears have been paid, the Provider will reactivate the services. No reactivation fee is charged. The Provider keeps the customer's data for 30 days during the suspension. If the arrears have not been paid by then, the Provider may terminate the contract and, after a further notice by e-mail, delete the customer's data.
(12) Where a contract with the customer does not require advance payment, or where the Provider renders other paid services not covered by the above provisions, all fees (plus any applicable taxes) are due without deduction according to the payment terms stated on the invoice.
Clause 5: Contractual term, termination and refunds
(1) Unless otherwise agreed, all contracts between the customer and the Provider are concluded as monthly subscriptions. The first billing month begins when the Provider gives the customer access to the ordered service in the Workspace. The contract renews automatically for further billing months unless either party terminates it. Termination by the customer takes effect at the end of the billing month during which notice is given. Domain registrations are subject to the terms and periods set out in Part 2 (Domain Terms and Conditions).
(2) The customer can terminate in the billing area of the Workspace at https://app.lastingweb.com or by e-mail to support@lastingweb.com. The Provider must give notice of termination in text form (e.g. by e-mail), observing a notice period of at least 30 days to the end of a billing month.
(3) Each party may terminate for good cause without observing a notice period. Good cause exists in particular if the customer, despite having received a payment reminder, remains in default on a material payment obligation, or culpably breaches these GTCs, in particular (but not only) the obligations in Clauses 3, 4, 6, 7, 9, 10 and/or 17.
The Provider may also terminate for good cause without notice in particular in the following cases of breach of Clause 3 of these GTCs:
- the Provider becomes aware, or has reasonable grounds to suspect, that the customer comes from one of the countries or territories listed in Clause 3 (5) of these GTCs and uses the Provider's services directly or indirectly;
- the Provider becomes aware, or has reasonable grounds to suspect, that the customer is passing on the Provider's services to the countries or territories listed in Clause 3 (5) of these GTCs;
- the Provider becomes aware, or has reasonable grounds to suspect, that the customer is subject to government sanctions as defined in Clause 3 (6) of these GTCs. For the avoidance of doubt, the parties agree that the Provider may terminate the contract for good cause where the customer (a) was already affected by government sanctions within the meaning of Clause 3 (6) of these GTCs when the contract was concluded but the Provider only becomes aware of this later, or (b) becomes affected by government sanctions within the meaning of Clause 3 (6) of these GTCs after the contract was concluded, whether because the customer's status changes or because the applicable government sanctions change.
(4) Terminating the contracts between the Provider and the customer does not affect the registration of an internet domain or the corresponding agreement with the registrar or registration organization. If the customer wishes to end the domain registration as well, it must declare this expressly to the Provider (see Part 2, Domain Terms and Conditions). On request, the Provider will support the transfer of the domain to another registrar in line with Part 2.
(5) Until the termination takes effect, the customer can export its website content and data via the Workspace and retrieve its e-mails. When the termination takes effect, the Provider takes the website offline and deletes the customer's data, mailboxes and backups within 30 days, unless statutory retention obligations apply.
(6) The Provider's services are offered exclusively to businesses (Clause 1 (5)). No statutory consumer right of withdrawal therefore applies.
Refunds
(7) Setup fee. The one-time setup fee is non-refundable once the Provider has begun the setup work. If the customer cancels the order before the Provider has begun the setup work, the Provider will refund the setup fee in full.
(8) Monthly fees. Monthly fees are paid in advance for the current billing month. If the customer terminates, the service remains available until the end of the billing month already paid. Fees for that month are not refunded, in whole or in part.
(9) Pro-rata refunds. The Provider will refund any fees paid in advance on a pro-rata basis for the unused part of the billing period if (a) the Provider terminates the contract without the customer being at fault, (b) the Provider permanently discontinues the service, or (c) the customer terminates for good cause attributable to the Provider. No pro-rata refund is made if the Provider terminates for good cause attributable to the customer, in particular under Clause 5 (3), or where a refund would violate applicable law (Clause 4 (5)). Fees paid to third parties on the customer's behalf, in particular domain registration and renewal fees, are not refundable once the registration, transfer or renewal has been carried out.
(10) Chargebacks. Before initiating a chargeback or payment dispute with its card issuer or bank, the customer should first contact support@lastingweb.com so that the matter can be resolved. If the customer initiates an unjustified chargeback, the Provider may suspend the services in line with Clause 4 (11) and charge the costs it incurs under Clause 4 (10). Where the chargeback is justified, the customer's statutory rights remain unaffected.
(11) Refunds are made in accordance with Clause 4 (5), within 14 days of the refund being confirmed, to the original means of payment.
Clause 6: Infringement of generally applicable law
(1) The customer expressly warrants that the provision or publication of the content it uploads, approves or has published, and of the websites the Provider creates for it in line with its instructions (including AI-assisted text proposals the customer has approved), does not violate the laws of the United States, the laws of the country in which the customer has its registered office or practice, or the laws of the countries at which the website is directed. This applies in particular to copyright, data protection, unfair competition and the professional rules for lawyers. The customer further warrants that the content provided or published does not violate public morals, does not contain pornographic or obscene material, does not incite racial hatred, does not infringe human dignity, does not endanger children or adolescents, and is not insulting or discriminatory. This also applies to third-party websites to which the customer links, has a link set up, or tolerates a link.
(2) If a third party notifies the Provider that content on a customer's website allegedly infringes the rights of a third party and/or violates generally applicable law, and the notification is specific enough that the Provider must assume the complaint is correct, the Provider will generally forward the complaint to the customer for comment without delay. The Provider will give the customer a reasonable deadline to respond. If the customer does not respond within this deadline, the Provider may assume that the complaint is justified. It may then delete the content concerned, block the website or the relevant service, or exclude it from access in another appropriate way. If the customer disputes the complaint with substantiated reasons and this gives rise to justified doubts, the Provider will inform the third party accordingly and, if it considers this appropriate, ask for evidence of the alleged infringement. If the third party does not respond or does not provide the evidence requested, the Provider will assume that the complaint is unjustified. If the third party responds in a way that shows an infringement of its rights, or provides evidence of such an infringement, the Provider may, taking into account any exculpatory statements of the customer, delete the content concerned, block the website or the relevant service, or exclude it from access in another appropriate way. Reports of illegal content can be sent to abuse@lastingweb.com.
Where it is obvious and clearly recognizable to the Provider that the content in question is so abusive that immediate action appears necessary, the Provider may make the content inaccessible without delay. In this case, the customer will be informed of the blocking or deletion and of the reasons for it.
The customer's payment obligations remain unaffected in these cases.
(3) The above paragraphs apply accordingly to all other services of the Provider that allow the customer to publish or transmit data of any kind, in particular blog articles, e-mail services and contact forms.
(4) Further information on how illegal content is handled can be found in Part 3 of these GTCs: Supplementary conditions for the implementation of Regulation (EU) 2022/2065 ("Digital Services Act").
Clause 7: Industrial property rights; copyrights
(1) It is expressly agreed that the Provider retains in full all rights to the services it renders during the contractual term, in particular the Workspace, software, website templates and designs, know-how, trademarks (including "Lastingweb") and other protected rights. During the contractual term, the customer has a non-exclusive, non-transferable, non-sublicensable right to use the contractually agreed services. This also applies where customer-specific customizations have been made.
(2) The customer retains all rights to the content it provides, such as texts, photos, logos and blog articles. For the duration of the contract, the customer grants the Provider a non-exclusive, worldwide, royalty-free right to store, reproduce, adapt (to the extent technically required, e.g. resizing images) and make this content publicly available, insofar as this is necessary to provide the services. The customer warrants that it holds the rights required for this. Text proposals created with AI-assisted drafting become the customer's content once the customer approves them. The Provider makes no warranty that such proposals are original, accurate or free of third-party rights. When the contract ends, the customer receives its own content by export via the Workspace (Clause 5 (5)). The Provider retains all rights in the platform, templates, themes and design system, including any customizations made for the customer (paragraph 1); no licence to use them continues after the contract ends.
(3) Where contractually agreed services can only be used subject to the industrial property rights or copyrights of third parties, the relevant third-party terms and conditions also apply. This also applies to open-source software and licensed fonts or images. The Provider will make the applicable terms available to the customer on request.
Clause 8: Internet domains
(1) Where a domain is registered, transferred, renewed and/or administered as part of the Provider's services, the Domain Terms and Conditions (Part 2 of these GTCs) apply in addition to these General Terms and Conditions. The Provider performs these domain services through the ICANN-accredited registrar or registrar reseller named at the time of the order. The terms and policies of the relevant registrar and registry also apply.
(2) Where the customer connects a domain it already holds with another registrar or DNS provider, the customer remains solely responsible for that domain's registration, renewal and DNS settings with that provider. The Provider is not responsible for interruptions caused by expired registrations or by changes made at the third-party provider.
Clause 9: Unauthorized forms of use
(1) Unless otherwise agreed, the following types of content and actions are expressly prohibited:
- sending spam, or operating websites, contact forms or mailboxes that are associated with any type of spamming, including bulk or unsolicited commercial e-mail sent from mailboxes provided by the Provider;
- using the Website, the Workspace, the customer website, contact forms or business e-mail in a way that could impair or disrupt the Provider's systems, the websites or mailboxes of other customers, or other services within the Provider's network or on the internet;
- automated or excessive requests, scraping, load testing or attempts to circumvent Cloudflare Turnstile bot protection, rate limits or other security measures;
- any use that could cause extensive wear on the Provider's infrastructure, storage or bandwidth, or that is clearly beyond the normal use of a presentation website for a law firm or legal professional.
The Provider may, at its own discretion, set certain rules and limits, for example on storage, number of mailboxes, e-mail sending volume, file sizes or number of AI-assisted drafting requests. A breach of these rules or limits is generally treated as a breach of the principles above. If the customer claims that there has been no breach of these principles despite the breach of a rule or limit, the customer must prove it.
(2) The customer must not upload or embed content, files or third-party code on the customer website that overloads the Provider's systems. "Overloading" means use of computing power, memory, storage or bandwidth so intensive that it noticeably and significantly disrupts, or even causes a breakdown in, the operation of the Provider's systems. The Provider may limit the resources available to customer websites, mailboxes or Workspace accounts that do not meet these requirements.
(3) If the customer breaches paragraph 1 and/or 2, the Provider may restrict the customer's use of the affected service (website, Workspace, mailbox, contact form or AI-assisted drafting) and/or immediately block it until the breach is remedied. The Provider may also do this if the customer's website or mailboxes clearly impair the functionality or accessibility of other customers' websites or mailboxes, or of other parts of the Provider's infrastructure. The Provider will notify the customer of any such block.
(4) The Provider may immediately block any website, mailbox or account that is being used for phishing, malware distribution, fraud or other clearly unlawful purposes once the Provider becomes aware of this use.
(5) If a block is justified, the customer alone is responsible for any resulting breach of contractual obligations, and the Provider is not. The Provider's right to payment continues while the block is in place, up to the end of the contract under Clause 5. The refund rules in Clause 5 (7) to (11) (Refunds) remain unaffected.
Clause 10: Workspace and account security
(1) The Provider operates, maintains and secures the hosting infrastructure, the Workspace and the mail servers. The customer accesses the Workspace by means of a one-time sign-in link or code sent to the e-mail address registered for the account. The Provider does not use passwords for the Workspace. The customer is solely responsible for securing the e-mail accounts that receive sign-in links and codes, for keeping these links and codes confidential, and for all actions taken in the Workspace using them. The customer must also ensure that only authorised persons in the customer's firm have access to the Workspace and to the mailboxes provided by the Provider, and must choose and protect secure passwords for those mailboxes.
(2) The customer must notify the Provider without undue delay at support@lastingweb.com if the customer suspects that a sign-in link, sign-in code, mailbox password or registered e-mail account has been compromised, or that an unauthorised person has accessed the Workspace or a mailbox. The Provider may temporarily block access to the account or mailbox to protect the customer, other customers or the infrastructure.
(3) The customer is responsible for the content the customer publishes. This includes checking previews before publishing a release, and using the release history and rollback functions where needed. Clause 2 (5) and Clause 3 (7) apply to backups.
(4) Where necessary and reasonable, the customer will help with configuration changes, for example by updating DNS records for a custom domain, re-entering access data, or reconfiguring mail clients.
Clause 11: Availability
(1) The Provider will use commercially reasonable efforts to keep the customer website, the Workspace, contact forms and business e-mail available. The Provider does not guarantee any specific percentage of availability or uptime, unless this has been expressly agreed in writing. Where possible, the Provider will announce planned maintenance in advance and will carry it out at times that cause as little disruption as possible. Unavailability caused by circumstances outside the Provider's reasonable control is excluded, for example force majeure, failures of upstream providers, DNS or registrar systems, attacks on the network, or conduct of third parties or of the customer.
(2) The services are provided over the internet, using the infrastructure of third-party providers such as hosting data centres, content delivery networks and DNS providers. Because of this, the Provider cannot guarantee any particular loading speed, bandwidth or delivery time. This applies in particular to the delivery of e-mail to or from third-party mail servers, which may delay, filter or reject messages under their own rules.
(3) The customer website and the Workspace are designed for the presentation of law firms and legal professionals. The Provider does not guarantee that the services are suitable for any other purpose. It also does not guarantee compatibility with specific third-party software, browsers, mail clients, plug-ins or integrations that the customer chooses to use.
Clause 12: Data protection
(1) The Provider provides its services in compliance with the data protection laws that apply to it. Where they apply, these include Regulation (EU) 2016/679 (General Data Protection Regulation, "GDPR"), the UK GDPR, and applicable United States federal and state law.
(2) The Provider processes personal data relating to the customer and its contact persons without requiring consent where this is necessary to conclude and perform the contract (Art. 6 (1) (b) GDPR), to comply with legal obligations such as tax, accounting and sanctions rules (Art. 6 (1) (c) GDPR, or Art. 6 (1) (f) GDPR where the obligation arises under non-EU law), and, on the basis of the Provider's legitimate interests (Art. 6 (1) (f) GDPR), to bill, to prevent fraud (including through Stripe fraud screening and Cloudflare Turnstile) and to secure the services. For more details, please see the Provider's Privacy Policy at https://lastingweb.com/legal/privacy.
(3) Where the customer processes personal data of third parties using the Provider's services, the customer remains the sole "controller" within the meaning of data protection law. Examples are enquiries submitted by website visitors through contact forms, the contents of business mailboxes, and personal data published on or collected through the customer website. In doing so, the Provider acts as a "processor" on behalf of the customer within the meaning of Article 28 GDPR. A data processing agreement under Article 28 GDPR, including the list of sub-processors, is incorporated by reference into every contract; this Clause 12, together with the list of sub-processors in the Privacy Policy, forms its basis. A countersigned copy, including the EU Standard Contractual Clauses for transfers to the Provider in the United States where required, is available on request at privacy@lastingweb.com. The Provider hosts customer websites, the Workspace database and mailboxes on servers of Contabo GmbH in Germany (European Union). Published website releases and media files are also stored in Cloudflare R2 object storage, whose location is managed by Cloudflare and may be outside the European Union, including the United States. It uses sub-processors listed in the Privacy Policy and the data processing agreement, some of which are located in the United States. The customer must give the Provider the information needed for the data processing agreement.
(4) The customer is responsible for assessing whether its use of the services is compatible with its professional obligations, in particular professional secrecy and lawyer–client confidentiality. This includes deciding which information it receives through contact forms or stores in mailboxes. The Provider treats all customer data as confidential and requires its staff and sub-processors to do the same.
(5) The Provider expressly informs the customer that, given the current state of technology, data protection cannot be fully guaranteed for data transferred over open networks such as the internet. Contact-form submissions and e-mails are encrypted in transit where the systems involved support this, but they are not end-to-end encrypted. Because of the nature of the hosting service, the Provider is technically able to access data stored on its systems, including website content and mailbox contents, unless the customer encrypts that data itself. The Provider will access such data only where this is needed to provide or secure the services, at the customer's request, or where required by law. Under certain circumstances, other internet users may also be able to bypass network security without authorisation and monitor message traffic.
Clause 13: Liability, limitation of liability, force majeure
(1) The services are provided "as is" and "as available". Except as expressly set out in these GTCs, the Provider makes no other warranties, whether express or implied, to the extent permitted by law. This includes implied warranties of merchantability, fitness for a particular purpose and non-infringement.
(2) To the extent permitted by law, neither party is liable to the other for any indirect, incidental, special, consequential, exemplary or punitive damages. This includes loss of profits, revenue, clients, business opportunity, goodwill or data, and the cost of substitute services, even if the party has been advised that such damages are possible.
(3) To the extent permitted by law, the Provider's total aggregate liability arising out of or in connection with the contract, whatever the legal basis, is limited to the fees the customer actually paid to the Provider in the twelve (12) months before the event giving rise to the claim.
(4) The exclusions and limitations in paragraphs 1 to 3 do not apply to damage caused by the Provider's or its agents' wilful misconduct, gross negligence or fraud (including fraudulent concealment of a defect). They also do not apply to death or personal injury, or to any other liability that cannot be excluded or limited under applicable law, including mandatory liability under Article 82 GDPR where it applies. Paragraph 2 does not limit the customer's payment obligations or its obligations under Clause 14.
(5) If force majeure prevents the Provider from providing its contractual services, the Provider is released from its service obligations for as long as the force majeure lasts, and the customer is released from its obligation to pay for the affected period. Force majeure means events beyond the reasonable control of either party, such as war, civil unrest, (terrorist) attacks, epidemics, natural disasters, strikes, large-scale failures of public networks or of upstream infrastructure providers, and governmental measures. If the force majeure is expected to last longer than thirty (30) days, either party may terminate the contract with immediate effect.
Clause 14: Indemnity
The customer will indemnify, defend and hold the Provider, its managing directors, employees and agents harmless against all third-party claims arising from the customer's unlawful actions, from material errors in information the customer has provided, or from content the customer publishes, sends or stores using the services. This includes reasonable legal defence costs. It applies in particular, but not only, to infringements of copyright, trademark, data protection, unfair competition and professional advertising rules, and to breaches of the obligations in Clauses 3, 6, 7, 8, 9 and 17 of these GTCs. The Provider has no obligation to check the customer website, AI-assisted drafts approved by the customer, or mailbox contents for possible violations of the law.
Clause 15: Applicable law, place of jurisdiction
(1) These GTCs and the contractual relationship are governed by the laws of the State of Wyoming, United States of America, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded. Mandatory protections under the laws of the European Union, a Member State or the United Kingdom that cannot be waived by agreement remain unaffected where they apply.
(2) The services are offered only to businesses (law firms, lawyers and other legal professionals acting in their professional capacity). The exclusive venue for all disputes arising from or in connection with the contractual relationship is the state or federal courts located in Sheridan County, Wyoming, United States, and both parties submit to the personal jurisdiction of those courts. Any overriding mandatory statutory provisions on jurisdiction remain unaffected.
Clause 16: Final provisions
(1) The Provider may send all of its declarations to the customer electronically, in particular by e-mail to the address registered for the account or through the Workspace. This also applies to invoices and statements of account relating to the contractual relationship.
(2) The customer may set off claims against the Provider only if the Provider has acknowledged those claims or a court has finally and conclusively confirmed them.
(3) The Provider may name the customer as a reference customer, for example by showing the customer's firm name or website in its portfolio, only with the customer's prior written consent. The customer may withdraw its consent at any time with effect for the future by e-mail to support@lastingweb.com.
(4) If one or more provisions of these GTCs are or become invalid or unenforceable, the remaining provisions remain effective. In that case, the parties will agree on a valid provision that comes as close as possible to the purpose originally intended, including in economic terms. The same applies if these GTCs do not cover a particular matter.
(5) The services are offered only to businesses. The Provider is neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration body.
Clause 17: AI-assisted drafting
(1) The Workspace may offer an optional function that generates draft texts, such as page content or blog articles, with the help of artificial intelligence ("AI-assisted drafting"). This function uses the OpenAI API. Data is sent to OpenAI only when the customer actively uses the function, and the data sent is limited to the instructions and content the customer submits for that purpose. For more details, please see the Privacy Policy at /legal/privacy.
(2) AI-generated texts are only proposals. Nothing is published on the customer website until the customer has reviewed and expressly approved it. The customer is solely responsible for checking every approved text for accuracy, completeness and legal compliance, including compliance with professional rules and advertising rules for lawyers. AI-generated texts may contain errors, outdated information or content that resembles third-party material. They are not legal advice, and the Provider makes no warranty that they are correct or fit for any purpose.
(3) The customer must not enter confidential client information, information subject to professional secrecy, or special categories of personal data into AI-assisted drafting. The customer must also comply with OpenAI's usage policies as applicable to the Provider, insofar as the customer's use could affect compliance with them.
(4) The Provider may limit the number or scope of AI-assisted drafting requests, change the underlying AI model or provider (subject to Clause 12 and the data processing agreement), or suspend or discontinue the function. The Provider may do this in particular where this is needed for technical, legal or cost reasons. AI-assisted drafting is included in the plan price unless the order states otherwise; fair-use limits may apply.
Part 2: Domain Terms and Conditions
§ 1 General, legal relationships
(1) The Provider offers domain services to a Customer who has an active subscription for a managed website with the Provider. The domain services are registering new domains, transferring existing domains to the Provider's management, renewing domains, changing domain data and deleting domains. The Customer can request these services by e-mail to support@lastingweb.com or order them in the Workspace (https://app.lastingweb.com) where this option is offered. Domain services are only ordered together with an active website subscription.
(2) The Provider is not a domain name registry or an ICANN-accredited registrar. It registers, transfers and renews domains through a third-party registrar reseller (the "Registrar Partner"). When the Customer registers or transfers a domain through the Provider, the Customer first concludes a contract with the Provider. That contract covers arranging the registration or transfer of the domain and managing the domain afterwards (the "domain administration contract"). For the registration or transfer, the Provider then acts for the Customer as its agent. A second contract is concluded directly between the Customer, as the registered name holder ("Registrant"), and the sponsoring registrar or the competent registry (the "registration contract").
(3) The registration contract is subject to the registration agreements, terms, policies and guidelines of the sponsoring registrar and the competent registry. For generic top-level domains these include the applicable policies of the Internet Corporation for Assigned Names and Numbers (ICANN), such as the Registrants' Benefits and Responsibilities, the Transfer Policy, the Expired Registration Recovery Policy and the Uniform Domain-Name Dispute-Resolution Policy (UDRP). For country-code top-level domains they include the rules of the competent national registry. Where these rules conflict with the Provider's General Terms and Conditions, the rules of the registry, the registrar and ICANN prevail. Only the Customer, as Registrant, is entitled and obligated under the registration contract.
(4) The Provider may change the Registrar Partner. In that case the Provider will take the steps needed to keep the Customer's existing domains registered, as far as the rules of the relevant registry allow.
§ 2 Registration of a domain, time of conclusion of the contract
(1) When registering a new domain, the Customer chooses a second-level domain and a top-level domain (for example "examplelaw" and ".com"). Prices may differ depending on the top-level domain. Domain prices are stated in EUR per 12-month registration period, excluding taxes, and are shown to the Customer before the order is placed.
(2) The Customer provides the Registrant and contact data required by the registrar and the registry (see § 4). Unless the Customer instructs otherwise, the Provider configures the domain's name servers and DNS records so that the domain points to the Customer's website and, where ordered, to the Provider's business e-mail service. The Customer guarantees that all information it provides is correct, complete and up to date.
(3) Before placing the order, the Customer is shown a summary, in the Workspace or in writing by e-mail. The summary includes the domain name, the price per 12-month period excluding taxes, the Registrant data and the planned DNS configuration. The Customer makes a binding offer by confirming the order. The Provider then starts the registration process, and the domain administration contract is concluded at that point.
(4) The Provider is not responsible for whether the registration succeeds, that is, whether the domain is actually registered. The Provider has no influence on how the registry or registrar allocates domains, and domains are generally allocated on a first-come, first-served basis. After applying for a domain, the Provider cannot influence whether it is actually allocated to the Customer. The Customer may treat the domain as allocated only once it appears as registered in the Workspace or once the Provider has confirmed the registration in writing. If a registration fails, any domain fee already paid for that domain will be credited or refunded.
§ 3 Transfer of a domain
(1) If the Customer moves a domain from another provider or registrar to the Provider ("transfer in"), a domain administration contract is concluded between the Customer and the Provider. The registration contract between the Customer and the registry or registrar continues independently of the domain administration contract. A transfer in normally includes renewal of the domain for one additional registration period at the price shown when the order is placed, unless the registry's rules provide otherwise.
(2) By asking to transfer a domain to the Provider, the Customer confirms that it is the Registrant of the domain, or is authorized by the Registrant, and is entitled to dispose of the domain. The Customer must supply the valid transfer authorization code (auth code / EPP code), remove any transfer lock held at the previous registrar, and approve any transfer confirmation requests. The Provider is not responsible for delays or failures caused by the previous registrar, by the registry, or by information the Customer has not provided.
(3) If the Customer wants to transfer a domain to another registrar or provider ("transfer out"), the Provider will, on request, provide the authorization code and remove the Provider-side lock within a reasonable time, unless one of the following applies: a lock is required by ICANN or registry rules (for example, the lock period after initial registration, after a previous transfer or after certain changes of Registrant); a dispute about the domain is pending; or domain fees that are due remain unpaid.
(4) By asking to transfer a domain to a third party ("change of Registrant"), the Customer confirms that the third party has agreed to the change. The Customer must make sure that the third party knows and accepts all relevant rules and the obligations that follow from them. If not, the Provider may cancel the change of Registrant. Changes of Registrant may trigger verification steps and a transfer lock under the applicable ICANN or registry rules.
§ 4 Registrant data, WHOIS/RDAP
(1) To register or transfer a domain, the Customer must give the Provider the Registrant's data and the data of any other required contacts. This includes, in particular, the name or firm name, postal address, e-mail address and telephone number. The Provider passes this data to the Registrar Partner, the sponsoring registrar and the competent registry. It may also be passed to escrow agents and to bodies such as ICANN, as required by their rules. The Customer warrants that all information is correct, complete and up to date. Further information on how personal data is processed is set out in the Privacy Policy (/legal/privacy).
(2) Depending on the top-level domain and the rules of the registry and registrar, some Registrant and contact data may be published or made available through public directory services (WHOIS/RDAP). The Customer acknowledges this. Where the registry or registrar provides redaction or privacy services, published data may be limited, but registrars and registries may still disclose it to third parties with a legitimate interest or to authorities in accordance with their rules and applicable law.
(3) If the data changes, the Customer must update it promptly in the Workspace or by notifying support@lastingweb.com. The Customer must answer verification requests from the registrar, such as e-mail address verification under ICANN rules, within the stated deadline. Inaccurate data, or failure to respond to a verification request, may lead the registrar or registry to suspend or cancel the domain. The Customer acknowledges that providing incorrect data may make it impossible for the Provider to perform its services under the contract. In that case, fees already paid will not be refunded.
§ 5 Registration/transfer of domains in the name of third parties
(1) If a domain is registered or transferred in the name of a third party, such as an individual partner of the law firm or an affiliated entity, the Customer assures that the third party agrees to the registration or transfer in its name.
(2) When providing personal data of a third party, the Customer confirms that it has informed the third party that the data will be transmitted and used, and that the transmission and use of the data is lawful. Where consent is required, the Customer confirms that the third party has given it.
(3) Before registering or transferring a domain in the name of a third party, the Customer must make sure that the third party knows and accepts all relevant rules and the obligations that follow from them.
(4) If the Customer cancels or deletes a domain that it registered or transferred in the name of a third party, the Customer must make sure that the third party has agreed to the cancellation or deletion.
(5) For the avoidance of doubt, the Provider's contractual partner, with all the rights and obligations that follow, is only the Customer whose Workspace account was used to order the registration or transfer.
§ 6 Infringement of third-party rights or violation of generally applicable law
(1) The Provider does not check whether the registration of a domain, or the Customer's use of it, infringes third-party rights or violates applicable law. The Customer is responsible for choosing the character string to be registered as a domain. Before registering, the Customer must check whether registering or using the domain would infringe third-party rights (in particular trademark, name and unfair-competition rights) or violate applicable law, including the professional rules that apply to the Customer.
(2) If the Customer breaches this obligation and infringes third-party rights or violates applicable law as a result, the Customer must immediately stop the infringement and compensate the Provider for any damage the Provider has suffered or will suffer. The Customer must also indemnify and hold the Provider harmless from third-party claims for damages caused by the infringement. This indemnity includes reasonable legal defense costs.
(3) A registered domain may be temporarily blocked or permanently deactivated in the following cases: if the Customer seriously infringes third-party rights or violates applicable law through the domain or the content made available under it; if the Provider is made aware of such an infringement and the Customer does not respond to a request to remove or change the content; or if a registry, a registrar, a court, an authority or a dispute-resolution provider (for example under the UDRP) orders it.
(4) Domain disputes are governed by the dispute-resolution policies of the relevant registry or ICANN. The Customer will follow the binding decisions of the competent dispute-resolution providers. If a domain is cancelled by the Customer, or as a result of a binding decision in a domain dispute, the Customer has no right to a free replacement domain or to a refund of domain fees.
§ 7 Terms of payment
(1) Domain fees are charged yearly in advance for each 12-month registration period. They are due on registration, on transfer in, and before each renewal date. Payment is made by card via Stripe or by invoice payable by bank transfer, in line with the payment terms in Clause 4 of Part 1 of these GTCs.
(2) Domain fees are not refundable once the registration, transfer or renewal has been carried out with the registry, because the Provider's corresponding costs cannot be recovered. The refund rules in Clause 5 (7) to (11) of Part 1 (Refunds) also apply.
(3) The Provider may adjust domain prices for future registration periods if the prices charged by the registry or the Registrar Partner change. The Provider will notify the Customer of the adjustment at least 30 days before the next renewal date.
§ 8 Contract term and cancellation
(1) The domain administration contract runs for 12 months and renews automatically for further periods of 12 months, with renewal charged in advance. The term of the registration contract depends on the rules of the relevant registry or registrar.
(2) If the Customer does not want a domain to be renewed, it must notify the Provider in text form (in the Workspace or by e-mail to support@lastingweb.com) at least 30 days before the end of the current registration period. Without this notice, the domain administration contract renews for another 12 months and the renewal fee becomes due.
(3) The Customer agrees that if the domain administration contract is cancelled, the Provider will also arrange for the registration contract to be cancelled. The domain will then expire at the end of the registration period. After that it may enter the registry's or registrar's grace or redemption periods and then become available for registration by third parties. Restoring an expired domain during a redemption period is subject to the registrar's restoration fees and is not guaranteed.
(4) If the Customer wants to end the domain administration contract with the Provider but keep the registration of the domain, the Customer must transfer the domain to another registrar or provider (§ 3 (3)). Once the transfer out is completed, the domain administration contract is deemed cancelled. Fees already paid for the current registration period will not be refunded, because the registration period generally carries over to the new registrar.
(5) Ending the Customer's website subscription does not automatically end the registration of the domain (Clause 5 (4) of Part 1). The domain remains registered until the end of its paid registration period. The Customer may transfer the domain out at any time (§ 3 (3)); the Provider supplies the transfer authorization code (auth code / EPP code) on request. After the website subscription has ended, the domain is not renewed unless the Customer pays the renewal fee.
(6) The right to terminate for good cause is not affected. Good cause exists in particular in the following cases: the Provider cannot maintain the registration of the Customer's domain under the rules of the competent registry or registrar; the Customer's registration or use of the domain infringes third-party rights or violates applicable law; or the Customer fails to make a payment when due.
§ 9 No right of withdrawal
(1) The Provider's services, including domain services, are offered only to businesses (law firms and legal professionals acting in their professional capacity). Consumers may not order them. No statutory consumer right of withdrawal therefore applies.
(2) The Customer expressly agrees that the Provider will perform the service immediately, in particular registering, renewing or transferring a domain. A registration, renewal or transfer cannot be reversed once it has been submitted to the registry.
Part 3: Supplementary conditions for the implementation of Regulation (EU) 2022/2065 ("Digital Services Act")
§ 1 General information and definitions
(1) This Part 3 contains provisions, information and process descriptions that supplement the rest of these General Terms and Conditions, as required by Regulation (EU) 2022/2065, the Digital Services Act (the "DSA").
(2) The DSA governs the responsibility of providers of intermediary services, including the Provider as a hosting service provider, for the safety and protection of users online. In particular, it requires providers to set up mechanisms for reporting illegal content, to act promptly on justified reports and to inform users transparently about content moderation. Because the Provider stores websites, blog articles, images, e-mail and enquiries from contact forms on behalf of its customers, it acts as a hosting service provider under the DSA. The Provider is a hosting service, not an online platform within the meaning of Art. 3 (i) DSA, because it provides web hosting and related services to its customers and dissemination of information to the public is not its own service but that of each customer's website (see Recital 13 DSA).
(3) "User" means any natural or legal person who accesses, uses or interacts with the Provider's services. This includes customers who publish content through the Workspace and visitors to customer websites who view content or submit enquiries through contact forms. Users can be registered or unregistered.
(4) "Illegal content" means any digital information, material or representation that violates applicable law. This includes in particular:
- content that violates the rights of third parties, such as copyright or trademark infringement, defamation or breaches of data protection law;
- hate speech, discrimination, incitement to violence or extremist propaganda;
- child sexual abuse material or other content that endangers the welfare of minors;
- fraudulent, misleading or deceptive information, including false statements, impersonation of legal professionals and spam;
- content that otherwise violates national or international law.
(5) These provisions apply only to users located in the European Union. Other users may still report suspected illegal content using the procedure in § 2.3.
(6) If the provisions of this Part 3 conflict with the other provisions of these General Terms and Conditions, the provisions of this Part 3 prevail.
§ 2 Measures taken by the Provider
§ 2.1 Point of contact for authorities
Single point of contact for authorities of the EU Member States, the European Commission and the European Board for Digital Services (Art. 11 DSA): legal@lastingweb.com
Languages: English.
§ 2.2 Point of contact for users
Single point of contact for users (Art. 12 DSA): legal@lastingweb.com. Reports of suspected illegal content should be sent to abuse@lastingweb.com, following the reporting procedure in § 2.3. Communication is handled by e-mail, not only by automated tools.
Languages: English.
§ 2.3 Reporting procedure, content moderation and combating illegal content
(1) The content of customer websites, blog articles, images and e-mail is created and published by customers and is their sole responsibility. This includes text drafted with the optional AI-assisted drafting feature, because the customer must approve it before it is published. The Provider does not generally monitor this content and cannot generally determine whether it is lawful. To protect users, however, the Provider has set up mechanisms and processes for reporting, moderating and combating illegal content.
(2) Users can report suspected illegal content by e-mail to abuse@lastingweb.com. The report should be as precise and well-substantiated as possible and should include in particular:
- a sufficiently substantiated explanation of why the reporter considers the content to be illegal;
- a clear indication of the exact location of the content, in particular the exact URL(s) and, where necessary, further information identifying the content;
- the name and e-mail address of the reporter, unless the report concerns content involving offences relating to the sexual abuse or sexual exploitation of children;
- a statement confirming that the reporter believes in good faith that the information and allegations in the report are accurate and complete.
If a report is incomplete, the Provider cannot guarantee that it will be processed properly. If the reporter has given an e-mail address, the Provider confirms receipt of the report without undue delay and informs the reporter of its decision and of the available means of redress.
(3) By using this reporting procedure, the user undertakes to submit reports in good faith and not to misuse the procedure by submitting manifestly unfounded reports. The Provider reserves the right to take measures to restrict or suspend the processing of reports from persons who frequently submit manifestly unfounded reports, after first issuing a warning.
(4) Reports are reviewed carefully, diligently and objectively by the Provider's responsible staff, without undue delay. The Provider does not use automated tools to take content moderation decisions.
If the Provider's responsible staff conclude that a report may be justified, the relevant information is forwarded without delay to the customer whose content is in question (the "Affected User"). The Affected User is asked either to set out circumstances that show the content is lawful or to remove the content within a deadline set by the Provider. If the Affected User does not comply, the Provider reserves the right to block access to the content in question or to remove it.
Where it is obvious and clearly recognizable to the Provider's responsible staff that the content in question is illegal or abusive in a way that requires immediate action, the Provider reserves the right to make the content inaccessible without delay. In that case, the Affected User is informed afterwards of the blocking or removal and the reasons for it.
(5) If the Provider restricts content, it gives the Affected User a clear and specific statement of reasons under Art. 17 DSA. The statement covers the type of restriction, the facts and circumstances relied on, whether automated means were used, the legal or contractual basis, and the available means of redress.
(6) If the Provider becomes aware of information giving rise to a suspicion that a criminal offence involving a threat to the life or safety of a person has taken place, is taking place or is likely to take place, it informs the competent law enforcement or judicial authorities of the Member State or Member States concerned without delay (Art. 18 DSA).
(7) The Affected User may contest the Provider's decision within six months of receiving notice of it, by replying directly to the notification e-mail or by writing to legal@lastingweb.com. The Provider's responsible staff will review the challenge and either confirm or reverse the decision, and will inform the Affected User of the outcome. The right to bring the matter before the competent courts is not affected.