Hosting Services Terms of Use May 2020

1. General Provisions

1. Hosting services offered by OnlyDomains ("Service Provider") are provided solely under the general terms and conditions of Service Provider and these terms of use.
2. Hosting services includes web-hosting services, website builders, colocation services, provision of virtual or physical servers, email services, security certificates and other related or similar services.
3. Service Provider may modify, enhance or withdraw any of the hosting services by posting notice on its website 30 days before the change is to take effect. For changes to the hosting terms, the procedures of the general terms and conditions apply. Supplemental services that are provided free of charge can be terminated, changed or modified by Service Provider at any time.
4. The customer explicitly consents to the immediate execution of service orders upon acceptance of the order by Service Provider
5. For hosting services that are partially or fully provided by third parties not affiliated with Service Provider, Service Provider will inform the customer about all additional applicable contractual conditions of said parties on its website. Such additional terms will be considered part of these terms of use and can be changed at any time by providing reasonable notice to its customers. Such changes become binding unless the customer terminates the affected agreement within 14 days of receipt of the notice.
6. Customers providing hosting services to third parties by use of the hosting services of Service Providers are the sole party to the agreement with Service Provider and remain fully responsible for the use of the service and the compliance with these terms of use.
7. For the creation and use of security certificates the terms and conditions of the respective certifying authority or provider apply. Service Provider will link to these terms and conditions on its website. By ordering any security certificates the terms and conditions of the provider are accepted by the customer.

2. Obligations of Service Provider

1. The specific service obligations result from the description of the service on the websites of Service Provider. Service Provider is entitled to extend the scope of the service at any time as well as to undertake improvements or adaptations to technical developments.
2. The servers of Service Provider are usually available 24/7, 52 weeks of the year. Outages due to maintenance work shall not affect the calculation of availability. Unless otherwise agreed, Service Provider provides no guarantees of availability or guaranteed service levels for hosting services.
3. Service Provider provides direct technical support within its service hours as displayed on its website and within the framework of the agreed terms, as well as - in the event such an agreement has been made – under a service level agreement. Technical support for third parties - such as customers of the customer - is not included and any such inquiries are referred to the customer.

3. Renewal and termination of services

1. Service agreements with set durations within the scope of these terms will renew automatically at the end of their term for another full term, unless they are terminated one month prior to the respective expiration date and no other agreement regarding the term or expiration has been made.
2. The prices displayed on the websites of the Service Provider at the time of a renewal apply.
3. After the expiration of the service agreement or non-receipt of fees that have become due Service Provider is entitled to immediately and without further warning suspend access to the hosting service and to delete any content uploaded by the customer.
4. Service Provider is authorized to without prior warning deactivate or suspend the hosting services in part or completely or to terminate the hosting agreement upon detection of potential breaches of these terms or the Abuse Policy. In the event of a third party putting forward plausible claims against Service Provider based on actual or asserted violations of rights, the same applies. The customer hereby accepts any such actions taken by Service Provider. Service Provider will inform the customer about any such actions without undue delay. If possible the deactivation will be limited to the infringing content and will be reversed as soon as the customer proves the legitimacy of the content in question.

4. Customer's obligations regarding their use of hosting services

1. The customer is obligated to attribute all content made available through the hosting services as his own by indicating his full name and his address as well as correctly attribute third party content as such. The customer is hereby informed that further requirements to indicate legal responsibility for hosted content may be required by law, for example if telecommunications services or telemedia services are offered on the website.
2. The Customer will comply with all requests of Service Provider with respect to hosted content or the use of the hosting services, including the immediate removal of content deemed objectionable in the opinion of Service Provider or that violates the Abuse Policies of Hosting provider. The failure to react to such requests in a timely manner may lead to the deactivation or suspension of the hosting services used by the customer.
3. The customer is not entitled to any refunds in case of termination or temporary suspension of the services. A suspension of hosting services does not affect the customer's obligation to pay for the full term of the hosting services.
4. The customer acknowledges that he is solely responsible for the use of the hosting services and agrees to indemnify Service Provider against all liabilities for claims of infringement of third-party rights, public morals or legal regulations made against Service Provider resulting from the customer's use of the services. The customer agrees to compensate the Service Provider for all the expenses, direct or indirect damages – including financial losses and reasonable legal fees – arising from or attributable to his use of the service. This provision remains in force regardless of any termination of the contract.

5. Use of email services

1. The customer is committed not to use email services in violation of these terms and our Abuse Policy
2. The customer agrees to check his e-mail post boxes for incoming messages at regular intervals no longer than once every two weeks. Service Provider is entitled to refuse the receipt of incoming messages in any mailbox if the storage capacity limits which have been designated in the appropriate hosting service package are exceeded or the used capacity exceeds the limits of fair use.
3. In case Service Provider in its sole authority determines that messages sent or received by the customer contain malicious content or are unsolicited commercial communications (Spam) or in other ways violate the Abuse Policy the Service Provider is entitled (but not required) to prevent the transmission of such messages by means of adequate technical means.

6. Resource use and fair use

1. The customer is obligated to configure his online presence appropriately in order to avoid the use of the server resources in a manner that either substantially exceeds the average expected amount of usage or which compromises the use of the service by other customers, e.g. by use of techniques such as CGI/PHP scripts requiring significant computational power, that require main memory above average or that cause extensive traffic. Examples include executing any scripts for longer than 180 seconds, executing any database query that takes longer than 30 seconds to complete or specifying cron tasks that execute more frequently than every 300 seconds and similar operations.
2. All accounts are monitored for their use of server resources. If any account is using a high amount of server resources, the Service Provider may contact the customer to resolve the issue. In serious cases where an account is using a considerable amount of system resources (memory, CPU etc.) the account may be suspended or throttled or the resource disabled without prior notice to maintain the smooth operation of the service for all customers.
3. For hosting services subject to data transfer limits, it is the sole responsibility of the customer to contact us in advance of requiring extra data transfer volumes to prevent account suspension. Service Provider is entitled to suspend products and services that reach their data transfer limits without prior warning.
4. By arrangement and for an additional fee Service Provider may provide capacity for additional data transfer within the limits of the data center’s technical capability and with due regard to the obligations towards other customers. Prices for such additional transfer capacity result from the price list. The capacity of data transfers for all plans, including any unlimited plans is being provided in accordance with the fair use principle and based on actual availability. Service provider may monitor and control bandwidth capacity to give all users fair access to the available capacity and suspend or throttle bandwidth for customers that excessively use the available bandwidth to the detriment of all customers.

7. Availability and disclaimer of liability

1. Service Provider does not provide website maintenance services in respect of any hosted website, script, service or other use of the Hosting Services. Without limiting this exclusion, Customer agrees that Service Provider accepts no responsibility for any deficiency or inaccuracy in any hosted content that is attributable to defects in the hosted content.
2. Unless otherwise guaranteed in writing, Service Provider does not guarantee that its services are available continuously or free from error. Service Provider excludes all liability for loss of data or service usability, disrupted data transfers, fitness for purpose, disruptions caused by the general structure of the internet, strikes, third party interference or any other problems due to technical malfunctions, circumstances reasonably beyond its control or the fault of third parties. The same applies for outages due to maintenance work.
3. The liability for the availability of the service or data transmission of the internet outside the reasonable responsibility of Service Provider is excluded. The same applies for any outages of services not exceeding 2 % of the annual average.
4. Service Provider is not responsible for creating backups for content and data hosted on its servers unless such backup services are specifically included. The customer is responsible for securing his own data, content and emails hosted through the hosting services, creating and storing backups and re-installing them on his own and at his own expense in the event of a data loss even if such an event is caused by the Service Provider.
5. The customer is obligated to immediately report any interruptions, defects and interferences in the service to allow the Service Provider to restore the services promptly.
6. Service Provider is not obligated to review the hosted content for potential violations of applicable law, regulations or these terms. Pursuant to the relevant legal provisions the content uploaded by customer is considered to be third party content as far as Service Provider is concerned.