The General Terms & Conditions (hereafter referred to as T&C) serve as the legal basis for the duration of the contractual relationship between the sole proprietorship J. Dudli, Xelon Hosting Solutions, 9470 Werdenberg, Switzerland (hereafter referred to as CloudServer24) and the customer, who has ordered a product offered by CloudServer24 by using the form intended for this purpose. The T&C are subject to Swiss law with CloudServer24’s place of business as the exclusive jurisdiction.
The contractual relationship shall be established upon the start of operations by CloudServer24 on the basis of the order placed by the customer online or by fax. The start of operations shall be confirmed to the customer by e-mail, the date of which shall be deemed the start of the subscription or contract. CloudServer24 reserves the right to regard an order as terminated after a period of two months without receipt of payment.
The contractual period shall be for a period of one year, provided nothing to the contrary was selected on the order form. Upon expiry of this period, the subscription or the contract (hereafter referred to as contract only) shall automatically be extended by the length of the selected contractual period, provided one of the contracting parties has not made notification of termination at least 30 day prior to expiry.
Agreements differing in part or in addition to the T&C shall be valid only on the basis of a handwritten and signed order or contract document and not be applicable to any of the remaining provisions.
2. Terms of payment
The prices published at www.CloudServer24.ch shall apply. CloudServer24 reserves the right to adjust them at any time due to changed circumstances. For existing contracts, such changes shall apply only up their extension, regardless of whether they are beneficial or not to the customer. The refund of costs paid in advance shall be precluded in such a case, or in case of early termination of the contract at the request of the customer.
2.2 Payment period
The first invoice shall ensue upon contract conclusion. Upon contract extension, the subsequent period shall be invoiced approximately 30 days prior to expiration.
2.3 Method of payment
The method of payment shall be determined by the customer by the option selected when placing an order. This shall apply to any orders of options and subsequent contract extensions. A change in the payment method shall be possible at any time upon customer request. If payment is being made by bank transfer, the customer shall receive an invoice by post. Customers residing abroad or paying by credit card shall receive an invoice or payment confirmation by e-mail. Should the customer request payment by credit card, he shall authorise CloudServer24 to charge it at the beginning of the contract. Upon contract extension, CloudServer24 is entitled to settlement by credit card up to 30 days prior to expiry of the contract in order for the customer to be notified in sufficient time should payment be unsuccessful.
3. CloudServer24's rights and obligations
CloudServer24 is responsible for the rendering of services in accordance with the offer utilised by the customer, the product description of which is published at www.cloudserver24.com. In all respects, CloudServer24 is free as to the manner in which the necessary environment for these services is provided and may, for instance, also involve national and foreign companies or third parties. Here too, any changes shall be made at CloudServer24's discretion.
CloudServer24 reserves the right to adjust the T&C, other contractual components in accordance with Paragraph 1.4 or an offer and individual components of it to changing circumstances at any time. Unless otherwise stated, such changes shall enter into force with immediate effect. In this respect, reference is made to Paragraph 4.1.
3.3 Termination of services
Upon the customer’s failure to comply with an obligation as set out in Paragraph 4, whether wilfully, unwittingly or through third party negligence, CloudServer24 is entitled to immediately block or remove the relevant account, server, service, content, etc. By remedying this situation, the sanction imposed upon the customer may be lifted. For a serious or repeated breach of an obligation, CloudServer24 reserves the right to termination of the contract without notice and without compensation as well as to take legal action against the customer.
CloudServer24 is entitled to send all notices to the customer by e-mail, entailing, but not limited to announcements about products or technical maintenance work, payment reminders, set up or termination confirmations, lost login information, etc. If CloudServer24 has a contact address for the customer since the order was placed which is no longer valid, CloudServer24 shall be entitled to make additional queries of entries (via the administration interface made available to CloudServer24, public WHOIS databases about domain names and the like), from which the contact address can be clearly identified.
4. The customer’s rights and obligations
4.1 Special termination
The customer has the right to immediate termination and is entitled to a pro rated reimbursement of costs paid in advance for the remaining term of the contract, provided he is put at a disadvantage due to a change as set out in Paragraph 3.2, which would have prevented him from concluding the contract at the time the order was placed, for which the customer must provide credible evidence.
In adherence with Paragraph 2, the customer is required to make payment over the entire term of the contract.
4.2.1 Additional work
Work that does not fall within CloudServer24’s scope of work or the catalogue of services for the relevant product may be declined on the part of CloudServer24 or as a consequence be invoiced to the customer in accordance with the industry standard hourly rates for any work done, calculated as a rule in half-hour units.
For products with a limited volume of data transfer (traffic), the customer will be invoiced in the following month in accordance with the published price for additional traffic incurred during a calendar month if the respective limit is exceeded.
In compliance with Paragraph 1.4 the customer is obliged to properly use the services provided. Upon resale or for unpaid transfer of certain rights of use, the customer shall instruct the third party of his responsibilities and basic liabilities for them.
For products without a limited volume of data transfer, the customer shall refrain from the operation or direct or indirect promotion of adult and download sites or content, soundstreams, etc. Exceptions to this are only allowed with CloudServer24's consent, which can be withdrawn at any time. Furthermore, the customer shall refrain from executing programs or scripts and operating sites which impair system and network resources to the detriment of other customers. Moreover, the customer shall keep within the limits placed on storage space.
The customer is solely liable for all content and activities in conjunction with the accounts or servers used by him. With the exception of intent or gross negligence on the part CloudServer24, whereby any claim shall be limited to damages directly suffered and the equivalent value of the services used, as well as any performance guarantees granted, the customer shall refrain from any type of liability claims against CloudServer24, including but not limited to claims for damages, for interruptions to service, failures of individual services, data insecurities or loss, etc.
4.5 Contact addresses
The customer shall notify CloudServer24 of any changes of address (by e-mail or post) to prevent difficulties in establishing contact.
1. Use of the services
1.1 Violation of the law
All data, content and activities as well as promotion thereof or participation therein, which violate Swiss law, are prohibited. This includes the publication or dissemination of copyrighted or proprietary data.
The publication or dissemination of racist content or ideas is not permitted. In ambiguous cases, CloudServer24 alone shall determine the definition of these.
Activities as well as the promotion thereof or participation therein which are deemed unwelcome in accordance with the generally accepted rules of conduct on the internet (Netiquette/RFC 1855) are not permitted. These include the (multiple) unsolicited dissemination of unwanted messages (spam, UCE, etc.) as well as attacks against other systems connected to the internet (DDoS attacks, spoofing, etc.). CloudServer24 alone shall determine the definition with regard to netiquette or components thereof. Furthermore, the customer shall refrain from the excessive use of bandwidth, i.e. when available network resources are impaired to the detriment of other customers.
1.4 The customer's obligations
The customer shall take appropriate measures to prevent the unlawful use of services and to immediately notify CloudServer24 of any findings which could serve to prevent the misuse of its services. He shall indemnify CloudServer24 for any and all claims made against CloudServer24 in conjunction with the use of its services by the customer as well as the persons he supervises.
The installation of applications on CloudServer24’s servers and resource-intensive downloads are permitted only upon prior consent by CloudServer24.
2. Electronic Post Post
The customer is responsible for the content of the messages he sends by using a CloudServer24 service. The customer shall indemnify CloudServer24 should a third party assert a claim for damages in conjunction with the transmission of messages on the part of the customer.
2.2 Sending unsolicited messages
The sending of annoying e-mails, in particular the sending of identical unsolicited messages to a large number of recipients, is prohibited (spamming). The falsification of header information in Usenet messages (spoofing) and the posting of the same or similar messages to multiple electronic discussion forums (news groups) such as "Usenet spamming", "excessive multi-posting" and "excessive cross-posting" are prohibited.
The use of an external mail server as a distribution station (relay) for the dissemination of electronic messages without the prior written consent of the owner of the mail server is prohibited.
3. Security guidelines
3.1 Violation of system security
Violations of system and network security constitute contractual violations for which the customer is liable under civil law. If the requisite conditions are fulfilled, the customer shall similarly be liable under criminal law. In such cases, CloudServer24 reserves the right to report the matter to the competent law enforcement authority. The following acts, in particular, constitute contractual violations on the part of the customer which are also punishable under criminal law:
The unauthorised access to or unauthorised use of data, systems and network elements, the checking of system vulnerability or network competence without prior agreement (scanning) or the attempt to break through security precautions and authorisation measures without having obtained the prior written consent of the competent authorities or owner of the network (sniffing).
The impairment of the systems operated by CloudServer24 and its customers, in particular through mail bombs, mass mailings or other attempts at overloading the system (flooding).
The manipulation of control information in TCP/IP packages (package headers), e.g. the TCP/IP addresses or an item of information in the control section (e.g. the address of recipients/senders), in an electronic mail or a news group posting.
3.2 Use of access information
The passwords or other identification parameters notified to the customer are intended for the recipient’s personal use and must be treated confidentially. CloudServer24 is entitled to rely on the fact that a person using an identification parameter is duly entitled to do so.
4. Prosecution of violations
4.1 Discontinuance of services
CloudServer24 can discontinue the provision of services and access to the network if any action or omission on the part of the customer is jeopardising or would seem to be jeopardising the normal functioning or the security of the network via which CloudServer24 provides its services, or if the customer violates the contract (including these guidelines) with CloudServer24. The expenses incurred in investigating such violations will be charged to the customer. The customer duly notes that, in the event of a violation of these guidelines, CloudServer24 may be obliged to reveal the customer’s identity to third parties (such as the law enforcement authority).
5. Notifications and amendments
5.1 The customer's duty of notification
The customer shall immediately notify CloudServer24 of any shortcomings, disturbances or interruptions of services, systems or software that they become aware of, including all use of the services in breach of the law or of this contract by third parties (e.g. hackers).