Last modified on 18.12.2018
Specific Terms and Conditions applicable to the Web Hosting Service provided by EuroDNS S.A.
These Specific Terms and Conditions and the General Terms and Conditions shall be interpreted and applied together as a single instrument (the “Agreement”). To the extent there is a direct conflict between these terms and the General Terms and Conditions, these terms shall prevail. Capitalised terms defined in the General Terms and Conditions shall have the same meaning in the Specific Terms and Conditions.
EuroDNS shall provide the Customer with a range of web hosting services with selected configurations of hardware, software and other add-on components and applications (the “Web Hosting Service”) as defined hereafter insofar as the Customer has submitted an Order Form pursuant to the General Terms and Conditions.
In order for the Customer to conveniently activate the Web Hosting Service, EuroDNS allows the Customer to initiate this procedure up to three (3) months after their Order has been accepted by EuroDNS.
The Customer is expressly informed that if they fail to initiate the activation procedure within this delay, they will lose all rights to the activation of the Web Hosting Service and will not be entitled to any refund.
The Customer is also informed that the issuance procedure may only be initiated from the Customer Account via which the Customer has placed their order for the Web Hosting Service.
Once the token has been redeemed, the Web Hosting Service will be available for the duration selected by the Customer in their Order.
In order to avoid an unwanted expiration of the Service and the deletion of the Content, EuroDNS enables the Customer to activate an automated renewal option in the Customer Account.
If this option is activated, EuroDNS will attempt to renew the Service prior to its expiration date and for the term selected by the Customer. This automated renewal shall be operated in accordance with the terms of article 6 of the General Terms and Conditions.
If the automated renewal option is deactivated, the Customer will need to manually renew their subscription to the Web Hosting Service via the Customer Account before its expiration date. EuroDNS will notify the Customer several times of the expiration and applicable methods to renew the Service, by sending the Customer emails to the address registered as part of the Customer Details.
EuroDNS cannot be held liable if the Customer fails to take the necessary action to renew its subscription to the Service or in the case of the Customer Details being inaccurate or obsolete and, more generally, in case of the Customer failing to receive the expiration notice. The Customer remains solely responsible for the renewal of the Web Hosting Service.
If the Customer fails to take action to renew the its subscription before its expiration date, the Service will be suspended for a period of fourteen (14) days during which the Customer will be able to reactivate their subscription to the Service via the Customer Account.
At the end of this period, the Service will be completely deactivated and any Content hosted via the Service as well as the configuration of the Service itself will be definitively deleted with no means of recovery.
EuroDNS shall grant the Customer a non-exclusive limited license to use the Web Hosting Service with certain, limited functions chosen by the Customer in the Order Form.
By accepting this license, the Customer shall not, and shall not allow any third party to: directly or indirectly : (i) decompile, disassemble, reverse engineer or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms or any portion of the software and more generally of any technology made available to them as part of the Web Hosting Service ; (ii) modify or create derivative works of the Web Hosting Service; (iii) incorporate or embed the Web Hosting Service, in whole or in part, into another product or other computer software code; or (iv) remove, alter, cover or obscure any copyright notice or any other notice or trademark that appears on the Web Hosting Service. The Customer acknowledges that the license of use on the Web Hosting Service is personal and non-transferrable and that the Customer is forbidden from sub-licensing the Web Hosting Service and more generally, from allowing any third party to use the Web Hosting Service.
All rights in the Web Hosting Service not expressly granted to the Customer hereunder are reserved to EuroDNS and its licensors.
Additionally, the Customer understands and agrees that the software of Plesk GmbH are used for the provision of the Service and as such the Customer agrees to be bound by the terms of Plesk EULA which are hereby incorporated by reference to those Specific Terms.
Depending on the Client setup of the Service, additional license agreements may apply. A link to their most recent version will be displayed in the Service control panel.
The Customer accepts that technical limitations apply to the service offer they have selected. Such limitations shall be sufficiently described on EuroDNS Website. Nonetheless, in case of doubt, the Customer shall contact EuroDNS customer support to obtain further information regarding the Service.
Notwithstanding the aforementioned, the Customer understands and accepts that the Web Hosting Service shall strictly and solely be used for the hosting of websites and that any use of the Web Hosting Service as a file sharing platform, as a video or music streaming platform is against the Web Hosting design and thus strictly forbidden.
The Customer further accepts that EuroDNS reserves the right to modify the limitations applicable to the Web Hosting Service from time to time.
5.1. The Customer understands and accepts that the Web Hosting Service must be associated with a domain name to be operational. The Customer further understands that for security reasons, the Web Hosting Service may only be provided for domain names registered with EuroDNS. As a result, should the Domain Name associated to the Web Hosting not to be renewed, be transferred to another Registrar, transferred to another client account, be deleted pursuant to a court order or a settlement, or more generally ceases to be linked to the Customer and/or to EuroDNS, the Customer will no longer be entitled to benefit from the Web Hosting Service and it will automatically be terminated. The Customer will be solely responsible for taking all necessary measures regarding their Domain Name before such termination and EuroDNS will not be held liable for any loss and/ or shortfall incurred because of such.
5.2. The Customer agrees that they will be solely and entirely responsible for the Content that they distribute, edit, publish or otherwise make available via the Web Hosting Service. EuroDNS does not control the Content transiting via the Web Hosting Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. It is expressly reminded here that EuroDNS is not subject to any general obligation to monitor the Content transiting via the Web Hosting Service. Notwithstanding the aforementioned, in the event EuroDNS has been informed that the Customer is using the Web Hosting Service to communicate or distribute blatantly illicit Content, EuroDNS will promptly suspend the Web Hosting Service without prior notice to the Customer. In such a case and where applicable, EuroDNS may assist the competent law enforcement authorities in their investigation of the blatantly illegal activities.
The Customer understands and agree that the statutory right of withdrawal set forth by article L.222-5 of the Luxembourgish consumer code does not apply to this Service.
Notwithstanding the foregoing, EuroDNS will allow the Customer to request the deletion of their subscription during the first fourteen (14) day of their subscription and to be fully refunded for the fees paid for the Service.
The Customer acknowledges that after this 14 (fourteen) day period, the early termination of the Web Hosting Service will not entail the refunding of any monies paid to EuroDNS nor does it release the Customer from their obligation to pay all fees applicable to the Service ordered.
In accordance with article 7.2 of the General Terms and Conditions, EuroDNS retains the right to discontinue or suspend at any time, temporarily or permanently any part of the Web Hosting Service. In such a case EuroDNS shall make its best efforts to inform the Customer of such modification or suspension of the Web Hosting Service in a timely manner.
The Customer understands and accepts that EuroDNS cannot be held liable by the Customer or any third party for any consequences resulting from such modification, suspension or discontinuance of the Web Hosting Service.
EuroDNS makes no warranty of any kind, expressed or implied as to the Web Hosting Service merchantability or fit for a particular purpose. The Web Hosting Service is provided on an as-is and as available basis without warranty of any kind, expressed or implied, as to its good functionality and EuroDNS disclaims all responsibility and liability for the Service availability.
Further, the Customer expressly acknowledges that EuroDNS will not backup the Customer Content and therefore accepts that they shall take all measures they deem necessary against the loss or deterioration of the Content.
EuroDNS shall make its best efforts to provide the Web Hosting Service twenty (24) hours a day and seven (7) days a week for the whole term of the Web Hosting Service subscription. However, EuroDNS hereby only commits to a best-efforts obligation.
Additionally, the Customer accepts that the Web Hosting Service may be unavailable or not functioning from time to time due to several causes, such as but not limited to:
EuroDNS shall make all reasonable efforts to publish on the EuroDNS Site any information pertaining to the resuming of the Web Hosting Service after an interruption.
In using the Web Hosting Service, the Customer commits not to:
The Web Hosting Service is provided for the Customer's personal use only. The Customer agrees not to use the Web Hosting Service for commercial purposes and the Customer agrees not to resell, distribute, or share the Web Hosting Service in whole or in part.
Should the Customer use the Web Hosting Service within the scope of a professional activity or commercial venture, the Customer agrees to hold EuroDNS harmless of any consequence that this unauthorised use may result in.
12.1. The Customer may request the termination of the Web Hosting Service at any time. Such termination will be operated after a period of one (1) month following the receipt by EuroDNS of a written request sent by registered mail to the address specified in article 1 of the General Terms and Conditions.
12.2. The Customer accepts that in certain circumstances, EuroDNS will be entitled to terminate their Web Hosting Service subscription without prior notice, thus preventing the customer from accessing and/or using the Web Hosting Service. Circumstances where such termination may happen, without it being deemed a default of EuroDNS towards its contractual or legal obligations, include but are not limited to:
12.3. In case of termination of the whole Agreement as set forth by article 14 of the General Terms and Conditions, the Customer shall hold EuroDNS harmless from any responsibility arising from any further intervention request on the Web Hosting Service.
12.4. The Customer expressly agrees that no refund shall be granted in the case of termination of the Web Hosting Service and/or the whole Agreement.