1. DEFINITIONS
Operator |
denotes Ymex AB |
Webspace |
denotes a capacity offered to the customer, in one of the
operators web-servers. |
UUCP Account |
denotes a batched E-mail service that the operator supplies. |
Service |
denotes Webspace, UUCP account or similar. |
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2. General
These terms are regulating the use of services that the operator supply. An agreement
should be binding when the service which the customer applies for, has been activated and
the customer can use it. The operator reserves the right to deny an application. A service
may not be transfered to another user, nor may the service be reselled in part or in
whole.
3. Limitations in the use of the service.
The number of acesses to a rented webspace may not exceed 450.000 per month. If a page
contains text and three pictures, this is equal to 4 accesses (1 access = one GET). The
maximum number of bytes transferred to, or recieved from the webspace may not exceed 1
Gigabyte per month. If above limits are exceeded, the part above the limit is charged
according to actual pricing. The operator reserves the right to close a customers webspace
if it jeopardizes the operation of the system or generates overload. The operator can
demand that individual scripts or functions in a customers website must be removed
or switched off.
4. Duration of agreement
Subscription are binded for 3 or 12 months, default 3 months. The agreement is
automatically lengthened for another period unless terminated in writing by either party,
at least 14 days before the end of a period. The termination is not valid until the
customer has recieved a confirmation from the operator.
5. Costs
All costs are charged in advance for each period. Terms of payment is Invoice, payed
within 30 days from recieved, unless otherwise specified on the invoice. Customer should
be informed at least 30 days before any price adjustments, the customer has the right to
terminate the agreement prematurely if the change will be negative for the customer.
Adjustments in price that are out of the operators control, such as changes of VAT rates,
new taxes or currency fluctuations does not demand that the customer must informed, nor
does it give the customer right to terminate the agreement prematurely. In case of default
or delayed payment, a forfeit will be exacted in accordance with Swedish law. Currently -
official discount rate +8% per month from the due date plus costs for reminders
according to above law. Unless payment is recieved after a reminder, the operator
has the right to immediately terminate the agreement and close the service.
6. The customers responsibility
The customer is responsible for the contents on his website and the information he
exchanges through newsservices and email. He is also responsible for having aquired
necessary permits. For example handling registeres and/or distributing software.
Domainnames should follow the guidelines for each top-level domain, for example NIC-SE
sets guidelines for top-level domain .se As the operators acts only as representative to
respektive registry, the operator cannot take any responsibility for the correctness or
validity of a domainname.
7. Unauthorized usage
The operator reserves the right to immediately terminate the agreement and closes the
service if the customer is using the service in a non-authorized way. The customer is also
responsible for any of its employees or others that has been given the possibility to use
the service through the customer. Unauthorized use includes all type of illegal activity
but also improper and offensive use such as spamming and mailbombing (sending Email to a
lot of user that has not given it's permission), webspace containing pornographic
contents, unauthorized access or trying to access computer resources unauthorized at the
operators site or others, vandalism - destroying or trying to destroy resources/contents
at the operators site or others through the operators net..
8. Limitation of responsibility (Force Majeure)
The operator carriers no responsibility for difficulties, damages or loss that is a result
of a circumstance out of the operators control. The operators responsibility for damage
does only apply for direct damage (not indirect damage such as loss of income and such)
and is limited to one (1) Swedish "basic amount" according to Swedish law
1962:381 concerning general insurance, regardless of the extent of damage.
9. Alterations
To be valid, all alterations in and amendments to this agreement must be made in writing.
10. Invalid provisions
Should any single provision in this agreement prove invalid the remaining provisions will
still be valid without change.
11. Failure of compliance
Regardless of what sanctions either party is entitled to should the other party break this
agreement or fail to comply with the terms of this agreement each party has the right to:
- promptly terminate the agreement if the other party is guilty
of breach hereof unless the guilty part discontinues its breach of the agreement and gives
full satisfaction within one (1) month of notice from the party with a complaint giving
reference to this paragraph
- promptly terminate the agreement if the other party goes
bankrupt, enter negotiations with creditor aiming at a financial settlement or if the
other party due to distraint procedures, default of payment or similar circumstances can
be assumed insolvent.
12. Exhaustive stipulation
This agreement between the parties determines all conditions pertaining to the services
provided by the operator.
13. Compensation in case of failed notice
With the exception of termination due to breach of agreement by either party no party is
entitled to compensations on grounds that this agreement was not enlongated.
14. Disputes
Disputes over this agreement will be settled in a court of law, the district court of
Härnösand (Härnösands tingsrätt) beeing the appropriate court.
Swedish law is applicable on this agreement.
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