1. GENERAL - SCOPE OF APPLICATION
1.1 The Following Terms And Conditions Apply To All Business Relationships Between The Customer And YottaSrc, Also Hereinafter Referred To As "Us/We". These Terms And Conditions Are An Integral Part Of All Contracts With The Customer. These Terms And Conditions Also Apply To Future Services And Offers, Even If The Customer Does Not Separately Agree Upon Them Again.
1.2. The Terms And Conditions Of Our Customers Or Third Parties Are Not Applicable And Are Not Part Of The Contract, Even If We Do Not Separately Object To Their Application In Individual Cases.
1.3 We Expressly Reserve The Right To Make Changes To Our Terms And Conditions, System Policies And Prices By Giving The Customer Prior Notification Via Their Customer Account Or Using The Email Address The Customer Enters In Their Contact Information.
1.4. The Conditions And Policies Listed In The Preamble Apply In The Order Of Precedence Listed Above.
1.5. Our Employees And Third Parties Commissioned By Them Are Not Authorized To Make Verbal Agreements Or To Provide Any Verbal Guarantees Or Commitments To The Customer.
2. CONCLUSION, DURATION AND TERMINATION OF THE CONTRACT 2.1. The Contract Is Concluded When The Customer Submits Their Order, And We Accept Their Order In Accordance To The Provisions Of Point 2.4 Of These Terms And Conditions. 2.2. Our Offers Are Subject To Change And Are Non-Binding. We Reserve The Right To Make Technical And Other Changes Within The Scope Of What Is Reasonable. 2.3. The Customer Declares That The Data They Provided On Their Customer Account Are Correct And Complete And Shall Notify Us Of Any Changes In This Regard In Writing Within No More Than 14 Days. The Customer Is Required To Provide Evidence Of The Correctness Of The Data Upon Request. 2.4. The Customer Enters Into A Binding Contract By Placing The Order And By Accepting These Terms And Conditions. We Are Entitled To Accept Or Reject The Contract In The Customer’s Order Within A Period Of 5 Work Days After We Receive The Order. By Merely Confirming That We Have Received The Customer’s Order, We Are Not Bound To Accept Their Order And The Contract It Contains. 2.5. Contracts Are Concluded For An Unlimited Time Period, Unless Otherwise Agreed. 2.6. The Contract May Be Terminated By Either Party With 30 Days' Notice At The End Of The Month, Without Specifying Any Reasons. Differing Periods Of Notice May Apply To The Customers, Depending On The Description Of Relevant Services. Notice Of Termination May Be Given In Text Form By Letter, Fax, Email Or Via The Customer’s Account On Our Secure Customer Interface. 2.7. Furthermore, We Reserve The Right To Terminate The Contractual Relationship Without Notice For Good Cause. Such Good Cause Is Deemed To Exist, Among Other Reasons, If The Customer Fails To Meet Its Payment Obligations Or Violates Other Important Customer Obligations. A Further Significant Reason Which May Result In Us Locking Or Terminating The Customer’s Services Or Account Without Notice Is If The Customer Uses Content That Impairs The Regular Operating Behavior Or The Security Of Our Infrastructure Or Our Product, Or Violates Other Paragraphs Of These Terms And Conditions.
3. SCOPE OF SERVICES 3.1. The Scope Of The Contractual Service Is Based On The Product Description That Is Valid At The Time Of The Customer’s Order And The Written Agreements Resulting From It. We Reserve The Right, After Prior Notice, To Discontinue Services We Offer Free Of Charge Or To Introduce Fees For These Services. 3.2. If The Subject Of The Contractual Relationship Is The Registration Of Domain Names, We Only Are Obligated To Arrange The Desired Domain Registration. We Do Not Accept Liability For Or Provide Any Warranty That The Domain Registration Authorities Will Actually Allocate The Domain Name That The Customer Requests In Their Order. The Customer Is Only Entitled To Assume They Will Actually Be Allocated The Domain Name Once We Have Confirmed The Allocation. We Have No Influence On The Domain Allocation. 3.3. We Undertake To Make Economically Reasonable Efforts To Achieve An Annual Average Network Availability Of 99.9% At Our Data Centers. 3.4. If The Service Includes The Allocation Of An IP Address, We Do Not Perform A Blacklist Check Of This IP Address And The Customer Has No Claim To A Specific IP Address. We Reserve The Right To Change The Customer’s Allocated IP Address When Necessary, With Prior Written Notice.
4. PAYMENT CONDITIONS AND LATE PAYMENTS 4.1. We Will Invoice The Customer For Any Contractually Binding Services Using The Updated Prices Visible On YottaSrc. If The Service Is For Shipped Goods, The Price Includes Postage And Packaging From The Specified Storage Location. 4.2. Depending On The Contractual Agreement, We Process Monthly, Quarterly Or Annual Invoices Using The Agreed Means Of Payment. The Customer Is Obligated To Comply With The Terms And Conditions Of The Payment Service They Use To Pay Their Invoice. 4.3. If We Permit The Customer To Make A Late Payment, We Maintain The Right, Even Without A Reminder, To Charge Interest For The Late Payment Beginning On The Due Date.
5. ADMINISTRATOR RIGHTS AND DUTIES / DATA SECURITY 5.1. The Customer Has Full And Sole Administrator Rights For All Service Products. The Customer Is Responsible For Managing And Securing These Products At Their Own Expense And Risk, And Of Course, We're Here Always To Help. 5.2. The Customer, By Using Our Services, Is Obligated To Set Up And Manage Their Servers In Such A Way That Does Not Compromise The Integrity And Availability Of The Networks, Servers And Data Of Third Parties. In Particular, It Is Strictly Forbidden To Use The Servers For (D)DOS Attacks Or To Run Open Mail Relays Or Other Systems That Are Capable Of Performing These Actions. If The Customer Violates This Agreement, We Reserve The Right - Without Prior Notice - To Lock The Server And Terminate The Contract Without Notice. 5.3. For The Managed Server Products And Services, We Grant The Customer Only Basic Usage Rights. We Monitor These Servers 24 Hours A Day For Service Disruptions And Provide Customer Support Free Of Charge For Services. 5.4. The Customer Is Obligated To Use The Services Provided Appropriately And To Refrain From Abusive And Illegal Actions.
7. USE BY THIRD PARTIES 7.1. The Customer Is Entitled To Grant Third Parties A Contractual Term Of Use To Any Services The Customer Orders From YottaSrc. In This Case, The Customer Nevertheless Remains The Sole Contractual Partner. The Customer Continues To Be Solely And Fully Liable For Compliance With The Contractual Agreements Between Us And The Customer. 7.2. If The Customer Transfers User Rights To Their YottaSrc Services To A Third Party, The Customer Is Obligated At The Time Of Transfer To Ensure That All Legal And Contractual Provisions Are Followed. This Is True For Any Changes That Require The Cooperation Of The Third Party. 7.3. If The Third Party Violates The Contractual Obligations Or Does Not Comply With The Obligation To Cooperate, If The Data Provided By The Third Party Is Incorrect Or Incomplete, Or If Other Problems Arise With The Granting Of User Rights To Third Parties, The Customer Assumes Full Liability For All Resulting Damages And, In Addition, Indemnifies Us From All Claims Made Against Us By The Third Party Or Others.
8. USE OF THE SERVICES / CONTENT 8.1. The Customer Is Obligated To Check And Comply With The Legal Provisions Arising From The Use Of The Contractually Agreed Services, In Particular The Telecommunications Act, The Telemedia Act, As Well As National And International Industrial And Intellectual Property Rights, Personal Rights, And The Requirements Of Competition And Data Protection Laws On Their Own. The Customer Indemnifies Us Against All Claims Of Third Parties Arising From Infringements Of These Obligations. 8.2. The Customer Is Obligated Not To Publish Any Content That Infringes On The Rights Of Third Parties Or Otherwise Violates Applicable Law. This Includes In Particular, But Is Not Limited To, Pornographic Or Obscene Material, Extremist Content Or Content That Offends Common Decency, Gambling, Material That Could Seriously Endanger The Morals Of Children Or Young People Or Violate The Rights Of Third Parties (Trademark Rights And Data Protection Rights). This Also Includes The Publication Of Defamatory Content, Insults Or Disparagement Of Persons Or Groups Of Persons. 8.3. The Transmission Of Spam Mail Is Prohibited. This Includes In Particular The Sending Of Unauthorized, Unsolicited Advertising To Third Parties. When Sending Emails, It Is Also Prohibited To Provide False Sender Data Or To Disguise The Identity Of The Sender In Any Other Way. The Operation Of Applications For Mining Cryptocurrencies Remains Prohibited. These Include, But Are Not Limited To, Mining, Farming And Plotting Of Cryptocurrencies. We Are Entitled To Lock The Customer’s Access To Their YottaSrc Services Or Account In The Event Of Non-Compliance. 8.4. If We Become Aware Of Illegal Activities, We Are Obligated Under § 10 Telemedia Act (TMG) To Request That The Customer Immediately Removes The Offending Content, And We Are Entitled To Lock The Customer’s Access To Their YottaSrc Services Or Account. 8.5. We're Very Friendly With Copyrights DMCA Content, You Can Contact Us To Tell Us The Type Of Site That You Want To Host. 8.6. We Allow Hosting Of Movie, Music And Software Websites. 8.7. We Don't Allow Adult Hosting Websites.
9. LIABILITY 9.1. The Customer Uses YottaSrc Services At Their Own Risk. We Are Liable For Indirect Damages In The Case Of Intent Or Gross Negligence, But Not For Loss Of Profit. We Are Liable For Culpable Infringements That Are Not Due To Gross Negligence Or Intent For The Foreseeable Damage Typical For This Type Of Contract, Up To A Maximum Of 100 % Of The Price For The Customer's Monthly Product Rental. 9.2. If The Customer Violates The Content Obligations Mentioned In Section 8 Of These Terms And Conditions, In Particular Regarding Legal Prohibitions And Decency Violations, The Customer Is Liable To Us For Compensation For All Direct Or Indirect Damages Arising From This, Including Financial Losses. Furthermore, The Customer Is Obligated To Indemnify Us Against Claims By Third Parties - Irrespective Of The Legal Basis - Resulting From The Customer Or Their Designated Third Parties. The Indemnification Obligation Also Includes All Incurred Legal Defense Costs.
10. WARRANTY If The Service Consists Of Goods Delivered Via Post, A Limitation Period Of 12 Months After Delivery Applies To Claims For Defects. If The Service Consists Of The Delivery Of Used Goods, We Are Not Liable For Any Defects. The Statutory Limitation Period Also Applies To Claims For Damages In The Event Of Willful And Gross Negligence As Well As In The Event Of Injury To Life, Limb And Health That Are The Result Of An Intentional Or Negligent Breach Of Obligation By The User.
11. RIGHT OF LIEN The Customer Grants Us A Lien On Equipment Installed By The Customer Or By Third Parties In The Data Center To Protect Any Outstanding Debts Arising From The Contractual Relationship. We Are Entitled To Enforce The Lien After Informing The Customer Of Their Outstanding Debts If The Customer Does Not Settle All Outstanding Debts Within 10 Work Days After Receiving The Notification Of Sale. Any Surpluses Generated By The Sale Are Paid Out To The Customer.
12. CANCELLATION POLICY 12.1. At The Client's Request, A Service Contract Concluded With The YottaSrc May Be Terminated With Prior Notice Of 30 (Thirty) Days. Cancellation Requests Will Not Be Accepted As Long As The Account Has Arrears On Payment. The Cancellation Requests Will Be Communicated In Writing By Letter Sent By Ticket, E-Mail Or Using The Cancellation Form Made Available In The Client Area. 12.2. If The Client Requests The Cancellation Of The Contract (Except For The Right Of Refund) Without There Being A Fault Of The Provider Or Problem In One Of The Product Or Services, The Price Calculated And Paid In Advance By The Client For The Services Paid In Advance Will Not Be Refunded, The Difference Being Kept By The YottaSrc As Damages In View Of The Fact That The Client Has Benefited From Free Installations Of The Service And / Or Discount On Making The Advance Payment. 12.3. YottaSrc Or The Client May Cancel The Agreement (Without Prejudice To Its Other Rights) If One Of The Parties Involved Materially Violates The Agreement (Including But Not Limited To A Breach Of The Acceptable Use Policy By Customer). If The Cancelled Item Is A Service That Has Already Begun At The Time Of Cancellation, We Will Invoice The Customer For The Corresponding Pro Rata Amount.
13. DISPUTE RESOLUTION PROCEDURE The EU Commission Provides A Platform For Out-Of-Court Online Dispute Resolution (ODR Platform), Which Is Available At Https://Ec.Europa.Eu/Consumers/Odr. We Are Neither Willing Nor Obligated To Participate In A Dispute Resolution Procedure Before A Consumer Arbitration Board. 14. Reseller Terms And Client Responsibility 14.1. Shared Accounts May Not Be Used To Resell Web Hosting To Others. If You Wish To Resell Hosting You Must Use A Reseller Account. 14.2. Resellers Shall Ensure That Each Of Its Clients, Customers Or Users (“Reseller Users”) Complies With This Agreement, Including For The Sake Of Clarity, Appendix A. 14.3. Resellers Are Responsible For Supporting Reseller Users, Including But Not Limited To Providing Customer Service, Billing Support And Technical Support. The Company Does Not Provide Support To Reseller Users. If A Reseller User Contacts Us, We Reserve The Right To Place A Reseller Cli Ent Account On Hold Until The Reseller Can Assume Responsibility For The Reseller User. All Support Requests Must Be Made By The Reseller On Reseller User’s Behalf For Security Purposes. 14.4. Resellers Are Responsible For Supporting Reseller Users, Including But Not Limited To Providing Customer Service, Billing Support And Technical Support. The Company Does Not Provide Support To Reseller Users. If A Reseller User Contacts Us, We Reserve The Right To Place A Reseller Client Account On Hold Until The Reseller Can Assume Responsibility For The Reseller User. All Support Requests Must Be Made By The Reseller On Reseller User’s Behalf For Security Purposes. 14.5. The Company Reserves The Right To Revise Our Reseller Program At Any Time. Changes Shall Take Effect When Posted Online Or On Any Subsequent Date As May Be Set Forth By The Company. 14.6. Resellers In The Company’s Reseller Program Assume All Responsibility For Billing And Technical Support For Each Of The Users Signed Up By The Reseller.
15. Unlimteid Usage 15.1 The term unlimited bandwidth for VPS hosting, is under fair use, so that our network is not abused, we may allow a high amount of traffic exceeding 20 TB and 30 TB, and maybe more, but we always monitor the usage of resources. 15.2 The term for unlimited IPs changing for VPS, the IP is changed periodically under the principle of fair usage, the IP cannot be changed more than twice a day and a maximum of 15–20 times a month 15.3 The cPanel and WordPress hosting have unlimited bandwidth, normally we don't count it. 15.4 The unlimited package in cPanel hosting, allows unlimited resources for all mentioned, but for SSD not allowed more than 40-50 GB.
16. Prices 16.1. The Prices Displayed On The YottaSrc And The Client Area Are Expressed In EURO. 16.2. To The Tariff Displayed For Each Service Or Product Will Be Added The Fee Charged By The Payment Processor: * PayPal: 2.90% + 0.30 EURO * Credit Card: 2.90% + 0.29 EURO * Bitcoin: 2.90% + 0.29 EURO 16.3. YottaSrc Has The Right To Change The Tariffs, Also The Right To Change The Characteristics Of The Packages Offered 16.4. Until An Order Is Made, The YottaSrc Reserves The Right To Change The Prices For The Services Offered Through The Site At Any Time, And The YottaSrc Does Not Offer Price Guarantees Or Refunds In The Event Of A Price Reduction Or Promotional Offer After The Purchase.
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