This set of terms and conditions may be used to define and regulate the relationships of a provider of web hosting services with its customers. These Terms and Conditions govern the performance of web hosting services supplementary to the,
- Darshahosts shall render memory and computing capacity available, on a server operated by Darshahosts, for the storage of websites and for the operation of applications that can be utilized via the internet.
- Darshahosts shall create, grant, and maintain the connection between the server and the internet so that the data stored on the server can be transmitted to the calling computer without disruption and whenever required by external computers in the internet (clients) by means of the common internet protocols.
- Darshahosts shall endeavor to render the data, stored by the contract partner in accordance with the Terms and Conditions of the agreement, available to the global public via the internet 24 hours a day, seven days a week.
- Darshahosts shall schedule maintenance times for the optimization and improvement of the performance of the systems providing the services, which are, on principle, outside the usual business hours, generally on Sundays between 2 am and 3 am, and are only utilized as required.
- Darshahosts shall endeavor to render the systems available via the internet for at least 98.5% of the annual operating time (availability).
- Darshahosts shall execute an automatic back-up of the stored data on a daily basis. The back-up copies shall in general be stored for a period of 60 days.
- Domain registration: on request, Darshahosts will register domain names on behalf of the customer with the respective issuing body. The customer authorises Darshahosts to issue all declarations or execute all activities necessary for registration of a domain with the respective issuing body, on behalf of the customer.
- Establishment of access statistics: Darshahosts shall draw up access statistics on the web server for the customer. For this purpose, the server log files are evaluated on a daily basis. Customers can call current and historic statistics for whatever period is required via a protected website. The historic statistics are stored for a period of at least two years.
- Spam protection: Darshahosts shall monitor the incoming e-mails of the customer and shall mark e-mails that most likely contain undesired advertising (so-called spam e-mails). Darshahosts shall attempt to mark the e-mails as reliably as possible (marking as many spam e-mails as possible, if possible, no marking of desired e-mails).
Obligations of the Customer
- The customer is responsible for maintaining its data on the server. The customer is given a password and an internet address to alter and update the data.
- The customer is obliged not to disclose the login information to unauthorized third parties. Customers shall inform web factory immediately if they obtain knowledge that unauthorized third parties are aware of the password. Unauthorized third parties are not such persons who utilise storage, which forms the subject matter of the agreement, with the knowledge and agreement of the customer.
- Customers shall provide assurance that they do not enter any contents, which infringe legal regulations, third party personal rights and trademark rights or morality. Customers must in particular heed the data protection provisions to the benefit of the users.
- In the event of an infringement of the above condition, customers are obliged to refrain from all further infringements, to compensate Darshahosts for the resultant or resulting loss and to indemnify and exempt Darshahosts from third party claims for damages and the reimbursement of expenses caused by the infringement. The exemption obligation also extends to the obligation to fully exempt webfactory from all legal defence costs (costs for courts, lawyers, etc.).
- This does not affect webfactory’s right to take further measures, in particular to bar the contents and to issue an extraordinary notice of termination.
- Darshahosts is entitled to disrupt the connection between the stored data and the internet on a temporary basis (barring of the system) if sufficient indications in respect of illegal contents of the stored data exist, in particular as the result of a warning by a supposed infringed party, unless this is obviously unfounded, or as the result of investigations by state authorities.The bar shall be removed as soon as the suspicion has been invalidated.
- If the customer operates programs on the rented storage space, which could negatively impact or, due to known security flaws, threaten the operating characteristics of the systems of Darshahosts or its agents, Darshahosts is entitled to immediately bar the offer of the customer. The bar shall, if possible, be restricted to the programs causing the negative impact. The customer shall be informed immediately of the bar and should be given reasons.
- Darshahosts is further entitled to temporarily disrupt the connection between the stored data and the internet if the customer, on two successive occasions, defaults in paying the agreed fee or a significant part thereof. Darshahosts shall inform the customer that it intends to execute a bar atleast 48 hours prior to actual execution. After payment of the arrears, Darshahosts shall immediately remove the bar.
- Despite the bar of an offer for one of the above mentioned reasons, the customer is obliged to pay the agreed fee, even for the period where the bar applies.
Disruption of Availability, Other Defects
- If disruptions of system availability occur, the customer shall inform Darshahosts of this immediately. Darshahosts shall attempt to remove the disruption of availability immediately.
- In the event of long-term, substantial defects of storage, Darshahosts is entitled to remove the defects within a period of grace of 14 days granted by the customer. If a substantial defect cannot be removed within the period of grace, the contract partner can reduce the fee payable.
Additional Liability Provisions
- Darshahosts is not responsible for the content of the customer’s saved data or the saved contents. Darshahosts also does not accept liability for damage suffered by the customer due to alterations of the saved data by the customer or other internet users.
- In addition, Darshahosts is not liable for any damages caused by the circumvention of password protection and similar protection facilities through “hacking” on the server used by the customer. Darshahosts and the customer are both informed of the fact that a binding assurance regarding the security of these protection facilities is not possible due to the manifold opportunities of unauthorised third parties to influence the system in and via the internet.
- The web hosting fees are payable by the customer in advance, at the beginning of a quarter,following invoicing.
- The agreed flat rate comprises an individually agreed volume of storage and monthly data transfer volume. In the event that the agreed volumes are exceeded, the customer shall pay an additional fee. webfactory shall inform the customer that the volumes have been exceeded immediately after determining this, at the latest, however, when sending the next regular invoice. If such information is not provided, the obligation to pay the additional fee no longer applies.
- The agreement is concluded for an indefinite period.
- The agreement can be terminated by both parties to the end of a quarter. The notice of termination must be received by the respective recipient at least two months prior to the day that it should become effective. This does not affect the right of the contract partners to issue a termination for cause.