Last modified on 30.07.2015
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 (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.
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.
The Customer accepts that EuroDNS may establish limits to the acceptable use of the Web Hosting Service, including without limitation the number and size of the database provided and the number of simultaneous connections to a website hosted via the Web Hosting Service.
The Customer acknowledges that the Web Hosting Service is initially set with a fifty gigabytes (50GB) storage limit. However, the storage capacity actually used by the Customer shall be periodically checked and where applicable, the capacity will be increased accordingly.
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.
4.1. 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 due to sheer technical limitations, 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, traded to another person, 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.
4.2. The Customer acknowledges that the Content communicated via the Web Hosting Service is the sole responsibility of the person from whom it originated. The Customer therefore 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 agrees that unless otherwise provided all fees applicable to the Web Hosting Service are non-refundable. Notwithstanding the foregoing, the Customer having the legal status of consumer pursuant to the Luxembourgish consumer code is entitled to benefit from the statutory fourteen (14) day period of withdrawal set forth by article L.222-5 of this code.
The Customer further acknowledges that the early termination of the Web Hosting Service does 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.
11.1. 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.
11.2. 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:
11.3. 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.
11.4. 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.