Terms and Conditions
Terms and Conditions services
These Terms and Conditions (T&C) shall apply to all services offered by Altavis GmbH (hereafter “hostclick, Altavis”). By using our services you accept the following terms and conditions completely without any alteration.
Table of Contents
- Scope of application and conclusion of contract
- Services and rights of hostclick
- Rights and obligations of the Customer
- Data backup
- Invoicing and payment terms
- Liability of hostclick
- Liability of the Customer
- Confidentiality and data protection
- Intellectual property
- Contractual term and termination
- Amendments to the contractual conditions
- Additional provisions
1. Scope of application and conclusion of contract
1.1 These T&C cover the use of services and products which hostclick provides or offers to its customers (hereafter “Customer”).
1.2 Consent to these T&C is given by using the corresponding services and products. The Customer may when requesting individual services be requested to reiterate his consent to the T&C by activating a corresponding check box. When delivering a contract or a customised quote relating to hostclick services and products, hostclick shall provide these T&C to the Customer together with the contractual documents in writing by mail or by email. The Customer shall in this case confirm his consent to the T&C by signing and returning the quote or the contract, or by using the service or paying the invoice. The T&C shall form an integral part of the contract with the Customer.
2. Services and rights of hostclick
hostclick provides chargeable services. The Customer shall select the services to be provided by hostclick from the range of services available at the time of use. The conditions published on the websites of hostclick or in the hostclick Client Area (my.vurtualserver.ch), or the conditions of the customised quote as the case may be, shall apply to all services. hostclick may at any time change the range of services and limit individual services and/or cease providing them.
2.2 Hosting services
2.2.1 As part of hosting services hostclick shall provide the Customer to the extent selected by the latter with storage space and server services on an infrastructure connected to the internet.
2.2.2 The services are calculated based on the average use of the hostclick resources. The resources provided for web hosting (in particular, storage space, traffic, CPU/RAM use) may only be used for the ordinary operations of the Customer website. Storage space for email or other data files will be provided to the Customer for the intended use. Subletting storage space is not permitted unless otherwise agreed in writing with the Customer. This service offer is designed for use by individuals and small or medium-sized companies. hostclick may at any time set thresholds or other usage restrictions – in particular with respect to the monthly volume of uploaded data, the permitted size or type of uploaded files. Individual offers may be made on request for institutions (e.g. schools or universities) and larger companies requiring storage for a quantity of email boxes that exceeds the normal requirements of individuals and small or medium-sized companies.
2.2.3 With respect to resource-intensive use of the Customer website by the Customer or by users of the Customer website (e.g. up/download of sound that goes beyond ordinary operations, video, streaming, games, high resolution images and graphics, high number of simultaneous accesses to the website, excessive storage of data files, in particular, caching files, on the server, excessive hard drive access (read and/or write), etc.), hostclick is also permitted to set thresholds for individual Customers or Customer groups at any time and in its absolute discretion for the resource consumption or other usage restrictions (Fair Use Policy) and to limit the provision of the service for the Customer accordingly.
2.2.4 hostclick also reserves the right to block the user account of the Customer if the latter’s user behaviour or the user behaviour of the users of the Customer website (e.g. a high number of simultaneous access attempts through DDoS attacks) in any way adversely affects the way the service or the Customer website operate. hostclick shall inform the Customer (if possible within the scope of its operating resources and with respect to the concrete circumstances) in advance or immediately after the blocking.
2.2.5 hostclick shall endeavour within the limits of its operational resources to offer the services continuously round the clock without any interruptions. Maintenance work, rectification of problems, expansion of services, measures to protect hostclick’s infrastructure, etc. may make temporary operating interruptions necessary. The Customer shall be informed early on of such operating interruptions if this is possible in the circumstances.
2.3 Domain name services
hostclick offers customers services for the management, registration and/or transfer of domain names. By utilising the domain name services the Customer accepts the Terms and Conditions for domain names in addition to these T&C.
2.4 Applications and additional services of hostclick and third party providers
2.4.1 hostclick offers the Customer via the hostclick Control Panel applications (such as TYPO3, Joomla!, WordPress) and other additional services (e.g. SSL certificates) of hostclick or third party providers. By using the application or the additional service the Customer additionally accepts the licensing terms, terms of business, terms and conditions of use and/or the conditions of hostclick or the respective third party provider, as described on the respective offer page or in the hostclick Client Area (my.vurtualserver.ch), that apply to the corresponding applications or additional services.
2.4.2 hostclick may at any time and without prior notice limit the use of applications or other additional services and/or remove individual applications or additional services from the range that is offered. The Customer also acknowledges that with regard to the applications there is no entitlement of any kind to receive support services from hostclick and that he bears sole responsibility for backing up his data in connection with the use of the applications (see Cl. 4.1).
3. Rights and obligations of the Customer
3.1.1 The Customer is authorised to make the intended legal use of the services and products and undertakes to comply with these T&C and any instructions of hostclick, in particular with regard to maintenance, updating or deletion of software.
3.1.2 When ordering and registering and in the context of using the services the Customer is obligated to provide truthful and verifiable information. hostclick may at any time and without providing reasons request that the Customer subsequently provides documents or information which enable hostclick to verify the accuracy of the information provided by the Customer. hostclick is entitled to defer the acceptance of an order or registration, to suspend services or to terminate the contract with the Customer with immediate effect in the event that the Customer fails to provide the requested documents or information within the deadline set by hostclick.
3.1.3 The Customer undertakes to select passwords appropriately, keep them carefully and protect them from access by third parties. The Customer bears full and sole responsibility for the use of the passwords. If the Customer finds that his account is being misused, he must inform hostclick immediately in writing (by opening support ticket via email or Client Area with subsequent acknowledgement of receipt by hostclick).
3.1.4 The Customer is not authorised to provide a service (for free or chargeable) purchased by him to third parties. If hostclick finds that the services purchased by the Customer are not being used by the latter but by a third party, hostclick shall be authorised to suspend provision of the relevant service until this defect is remedied. The Customer shall in such a case remain obligated to make payment in full of the fee due for this service.
3.1.5 The Customer undertakes to keep the applications and software used by him (both in respect of the server and the client) up to the latest technical standard, maintain them regularly and conduct regular updates. The Customer also undertakes to delete applications and software which he no longer needs and uses from the server.
3.1.6 The Customer is obligated to notify hostclick immediately of any disruptions and interruptions in the services requested by him and where possible assist hostclick in remedying the disruption. The Customer shall bear the costs of hostclick isolating and remedying disruptions if the Customer has called for the investigation and the cause of the disruption is attributable to the behaviour of the Customer or the equipment used by him or to the behaviour of the users of the Customer website.
3.2 The Customer’s responsibility for contents
3.2.1 The Customer is responsible for the content of the information (language, images, sounds, computer programs, databases, audio/video files etc.) which he himself and third parties communicating with him through hostclick arrange to be transmitted or processed, disseminate or keep available for retrieval. The Customer is also responsible for references (in particular, links) to such information. hostclick is not obligated to monitor the contents made accessible by the Customer.
3.2.2 The Customer is obligated while using the products and services of hostclick to make only permitted contents accessible. The following contents are prohibited: contents which infringe or jeopardize rights of hostclick or third parties, in particular intellectual property rights in the wider sense (for example, copyrights or trademarks) or personal rights, provisions of the Unfair Competition Act (UWG), including the contact data obligation of the Customer pursuant to Art. 3 (1) lit. s UWG, or the commercial repute; all contents which constitute criminal acts (namely in the areas of pornography, depictions of violence, racism, business secrets, libel and fraud) are also prohibited (hereafter jointly referred to as “Prohibited Contents”). When using hosting services, the Customer further undertakes to comply with the Usage Policy for Services.
3.2.3 hostclick reserves the right to inspect contents made accessible by the Customer by means of using the hosting services upon receipt of a Notice pursuant to the Code of Conduct – Hosting (hereafter”CCH”) or at the request of courts or authorities. hostclick remains entitled to conduct random checks even without having been served with a Notice.
3.2.4 Any disputes between joint holders of an account or the Customer and third parties relating to the use of the account or the information disseminated via the relevant account or via the Customer website are exclusively a matter for the joint holders of the account or the Customer. If hostclick receives queries/complaints from individual joint holders of accounts or from third parties in relation to an account or in relation to contents provided via an account or via the Customer website, hostclick shall pass the query/complaint to the other joint holder(s) or the Customer to deal with. hostclick still has the right to inform third parties of the identity of the Customer at the request of courts or authorities (see Cl. 9.2).
3.2.5 Queries/complaints received from third parties are passed to the Customer in accordance with the notice-and-notice procedure described in the CCH (hereinafter “Notice-and-Notice Procedure”). The Customer shall familiarise himself with the Notice-and-Notice Procedure and with the notice-and-takedown procedure pursuant to the CCH (hereinafter “Notice-and-Takedown Procedure”). The CCH can be viewed here.
3.2.6 hostclick is entitled to block access to the Customer website entirely or partly and to cease providing the hosting services if, (i) the requirements of the Notice-and-Takedown Procedure have been fulfilled, (ii) a court or authority has requested hostclick to do so, or (iii) hostclick could otherwise become subject to civil responsibility or liable for criminal sanctions, or (iv) if a random check has given rise to concrete indication or well-founded suspicion of a breach of the Usage Guidelines or that access is being allowed to Prohibited Contents (see Cl. 3.2.2). hostclick also reserves the right to reject and delete emails that have viruses and to block Prohibited Contents.
3.2.7 hostclick is entitled to invoice the Customer for the expense arising in connection with any measures taken pursuant to Cl. 3.1.4-3.2.6. The assertion of further damages remains reserved. hostclick is entitled to require the Customer to provide a security deposit as a precautionary measure to ensure coverage of the expenses and the further damages. hostclick is entitled to suspend the services or to terminate the contract without giving notice if the security deposit is not provided or if the Customer does not comply with the instructions given in connection with the measures taken.
4. Data backup
4.1 The Customer bears sole responsibility for taking the appropriate and necessary security measures to recover information and data in the event of loss or unauthorised or unintentional alteration. The security measures the Customer must take depend on the level of protection needed as well as the likelihood and severity of the risk. hostclick recommends as a rule that Customers back up their data regularly. The Customer can backup its web data, email data and databases through the Control Panel in order to, for example, create its own backup. To back up email data, hostclick recommends additionally using a mail client.
4.2 In the case of hosting services (see Cl. 2.2), hostclick also offers different protection packages for the protection of databases, files and emails of the Customer. The frequency of the backups and the period of availability depend on the chosen package. The currently available packages with the range of included services in the service package as well as the prices and other conditions of service are described on the hostclick website.
4.3 The service packages referred to in Cl. 4.2 are supplementary to the security measures taken by the Customer, in particular the Customer’s own backup copies (see Cl. 4.1). hostclick assumes no warranty of any kind for the backup of the data stored on its server and points out to its customers that, depending on the type of data and the chosen data package, the data is backed up at different times and at different intervals. It can therefore not be ruled out that a data loss might occur in a specific case. In exceptional cases it is also possible that due to technical reasons, for instance, due to maintenance work, disruptions in the system or necessary replacement of parts in the server infrastructure, hostclick will be unable to perform data backups or restorations for a few hours or on certain days. The obligation to restore lost data does not in any case apply to volatile data such as, for example, temporary data files as well as emails that are filed by the spam filter in the special box for spam mail. This box is not backed up, but is deleted on a regular basis.
5. Invoicing and payment terms
5.1 The payment obligation for chargeable services and products shall commence upon conclusion of the contract or upon using the service.
5.2 hostclick generally invoices the Customer for the selected contractual term in advance. The invoice is payable by the due date stated on the invoice.
5.3 If the Customer breaches the aforementioned payment terms hostclick shall be authorised to charge 8% late interest and, in addition, as of the 2nd reminder it is entitled to charge dunning fees in the amount to cover costs. hostclick is also authorised to terminate the service pursuant to Cl. 11.2.3. In addition, hostclick has the right to suspend the service after the 1st unsuccessful reminder to the Customer.
5.4 The parties waive their right to offset mutual claims against each other.
6.1 hostclick strives to provide the hosting services carefully and professionally. hostclick cannot however guarantee that the Customer website will be available continuously on the internet and that the data requested by the Customer is transmitted correctly over the internet. hostclick, in addition, assumes no warranty that the services provided by hostclick and any third parties used will put the Customer in the position of achieving the financial or other purpose intended by him.
6.2 Reports by the Customer of malfunctions of the hosting service must contain a written (by Support Ticket, Chat or email with subsequent acknowledgment of receipt by hostclick) notice of defect with a comprehensible description of the defects claimed. The Customer must also set hostclick a reasonable grace period of at least 30 days to remedy the defects specified in the notice of defect. After the grace period has passed without the situation being remedied the Customer is authorised to immediately terminate the contract. hostclick shall reimburse the Customer for any previously paid fee pro rata for the period in which the Customer no longer uses the service due to the termination. Any kind of additional compensation is excluded subject to Cl. 7 of these T&C.
6.3 The applications provided in the hostclick Control Panel (see Cl. 2.4) shall be installed and used at the Customer’s own responsibility and risk. hostclick shall assume no warranty in this regard. In particular, hostclick gives no assurance or warranty as to the completeness, accuracy, consistency, reliability, proper functioning, marketability, quality, suitability for a specified intended purpose or for certain results, absence of defects etc. with regard to the applications.
7. Liability of hostclick
7.1 hostclick is liable to the customer for direct proven loss or damage caused by wilful intent or gross negligence by hostclick.
7.2 hostclick’s liability for medium or normal negligence is limited to the direct damage and in terms of amount to the remuneration paid by the customer for the current contract period.
7.3 hostclick shall not be liable for slight negligence or for indirect or consequential damages (such as loss of profit, loss of production, damage to reputation or loss of data).
7.4 Furthermore, any liability of hostclick for damages caused by circumstances beyond hostclick’s control is excluded. In connection with hostclick’s domain name services or products, this disclaimer applies in particular to damages due to spelling mistakes by the customer or due to unlawful registration, transfer or transfer of the domain name by the customer (e.g. lack of authorization of the customer to transfer or transfer the domain name, nature of the registered domain name violating trademark rights, etc.).
7.5 hostclick is not liable for damages caused to the customer by non- or only limited accessibility, delays, non-executed delivery or delivery of information (e.g. e-mails), transmission errors or business interruptions. The use of any information disseminated via virtual servers is at the customer’s own risk. hostclick is neither liable for the accuracy nor for the correctness of such information.
7.6 hostclick is not liable for damages caused by misuse of hostclick’s communication infrastructure or by misuse of or unauthorized intrusion into hostclick’s customer website by third parties (in particular in connection with interventions by computer viruses or DDoS attacks, hacker attacks, unauthorized sending of e-mails). The exclusion of liability also includes damages incurred by the customer as a result of hostclick measures necessary to prevent such interventions by third parties (e.g. blocking access to the customer’s website to protect the infrastructure of hostclick and the websites of other customers against DDoS attacks).
7.7 hostclick is not liable for damages in connection with security vulnerabilities in applications installed by the customer or with the elimination of such security vulnerabilities.
7.8 hostclick is also not liable for security deficiencies and defects of the telecommunication, cable or satellite network and the Internet.
8. Liability of the Customer
8.1 The Customer shall be liable to hostclick for all damages caused by violation of the contractual obligations. In particular, the Customer shall also be fully liable to hostclick for damages that are related to claims of third parties that are asserted due to unlawful registrations, transfers or transfers of domain names. The customer’s obligation to pay compensation also extends to damages that hostclick incurs as a result of the customer or a person employed by hostclick being legally prosecuted and/or held responsible as a result of inadmissible conduct by the customer or a supervised person within the meaning of Clause 3.2. hostclick also reserves the right to assert satisfaction claims against the customer.
8.2 hostclick shall be entitled to charge the Customer a fixed amount of CHF 250.00 and an additional CHF 120.00 for each hour of work required to remedy the situation in the event of misuse of the service by third parties (e.g. through spam or hacked websites), subject to the assertion of further claims for damages.
9. Confidentiality and data protection
9.1 hostclick und the Customer mutually undertake to safeguard the confidentiality of all information and data not generally known which becomes accessible to them in preparing for and implementing the contract. This duty shall remain even after the contract has come to an end as long as there is a legitimate interest therein.
10. Intellectual property
10.1 Customers shall receive the non-transferable, non-exclusive right to make use of and utilise the service throughout the term of the contract.
10.2 All existing intellectual property rights in and to the services of hostclick and all intellectual property rights arising when the contract is implemented (e.g. programs, samples, data, Control Panel, Client Area: my.hostclick.ch) shall remain with hostclick or with the third parties used by hostclick.
11. Contractual term and termination
11.1 Term – general
These T&C shall apply throughout the entire period during which services are used by the Customer.
11.2 Hosting service contract
11.2.1 The contract between hostclick and the Customer for hosting services (see Cl. 2.2) shall come into effect upon delivery of the contractual documents by hostclick to the email address stated by the Customer for contract-related messages, by confirmation of the customised quote by the Customer or by use of the services by the Customer, and shall apply for the term selected in the Customer’s order or in the customised quote. The contract may be terminated by either party with a notice of 30 days as at the end of the agreed contractual term. The termination notice shall be submitted in writing online by using the hostclick customer ID in the hostclick Client Area: my.hostclick.ch. hostclick shall also be entitled to serve the termination notice by email to the email address stated by the Customer for contract-related messages. If it is not terminated within the due time the contract shall be automatically renewed in each case for the agreed contractual term.
11.2.2 Cancellation advice: The Customer may cancel his order for hosting services within 30 days, without stating reasons, in text form (email with subsequent acknowledgment or receipt by hostclick or online by using the hostclick customer ID in the hostclick Client Area: my.hostclick.ch – provided that the Customer as the result of an existing Customer relationship already has access to the Client Area). The period shall commence after receipt of this cancellation advice. Timely dispatch of the cancellation suffices to prove that the cancellation period has been complied with. The cancellation must be sent to email@example.com. The Customer must use the contact email address notified to hostclick as sender. In his email the Customer must also include the contract documents provided by hostclick as an enclosure. The cancellation right shall apply only when an order is made through the hostclick website and only for hosting services that are not customised. The cancellation right does not apply to (in particular, without limitation) domain names.
11.2.3 If the Customer breaches contractual provisions (including the Usage Policy for Services), misuses services for illegal purposes, makes Prohibited Contents accessible, or threatens to harm hostclick’s reputation, hostclick is authorised in its own discretion to deactivate the Customer website without delay and/or terminate the contract without notice. The Customer shall owe hostclick the charges due up until ordinary termination of the contract as well as compensation for all additional costs incurred in connection with terminating the contract without notice.
11.3 hostclick may also terminate the contract with the Customer with immediate effect if proceedings have been initiated against the Customer for bankruptcy or insolvency or if it otherwise becomes clear that the Customer can no longer meet his payment obligations, and if the Customer does not prior to the expiry of the contractual term advance the costs for the next contractual term or provides a corresponding security.
11.4 After the expiry of the contract hostclick is authorised to delete the data of the Customer. The Customer is himself responsible for backing up his data in a timely manner.
12. Amendments to the contractual conditions
12.1 hostclick shall endeavour to keep its infrastructure up to date to a standard which corresponds to the security specifications and technical standard that are customary for the industry. The Customer acknowledges that new technical developments, security specifications and/or changes in the range of services of contractual partners of hostclick or the open source software used by hostclick may result in the range of services being expanded or restricted and may also have an impact on the way the price changes.
12.2 hostclick therefore expressly reserves the right to amend the contractual terms, including these T&C, at any time. Amendments to the T&C shall be made accessible on the hostclick website and shall come into effect when they are activated. Any price increases or restrictions in services that adversely affect the Customer during the contractual term shall be notified by hostclick to the Customer in writing by email in the case of hosting service contracts. If the Customer does not accept the amendments, he has the option of informing hostclick of this in writing within 30 days of receipt of the message online by using the hostclick Customer ID in the Client Area: my.hostclick.ch and terminating the contract as at the end of the month. If there is no written message within this period, the changes shall be deemed to be approved by the Customer.
13. Additional provisions
13.1 In the case of customers with hosting service contracts, contract-related messages such as the notification of price changes are sent by email to the owner email address defined by the Customer in the Client Area: my.hostclick.ch. The Customer shall be responsible for ensuring that the customer data saved in the Control Panel (invoice and administration contact and technical contact) throughout the entire term of the contract is up to date, complete and correct. hostclick is not obligated to take heed of any customer data other than the customer data saved in the Client Area or to make enquiries itself with regard to correcting this data. hostclick is, however, authorised to correct or delete input in the Client Area that is patently incorrect or that infringes third party rights.
13.2 Rights and duties under the hosting service contract can only be transferred to third parties with the written consent of the other party. This provision does not apply to the transfer of the contract from hostclick to a legal successor or associated company.
13.3 These T&C and any disputes arising under or in connection with the contractual relationship between hostclick and the Customer shall be subject exclusively to Swiss law, excluding its conflict of laws rules and the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG).
13.4 The ordinary courts at the registered office of hostclick shall have exclusive jurisdiction. hostclick also has the option of taking legal action against the Customer at the latter’s domicile.
Kloten, June 2018
Usage Policy for services
These Usage Policy for services (hereafter “Usage Policy”) shall apply to all hosting services offered by Altavis GmbH (“Altavis, hostclick”). By using our hosting services you accept the following Usage Policy completely without any alteration.
Table of Contents
1. Scope of application and conclusion of contract
1.1 These Usage Policy cover the use of hosting services which hostclick provides to its customers (hereafter “Customer”). They are subject to the General Terms and Conditions (T&C) of hostclick.
1.2 By using the hosting services the Customer accepts these Usage Policy in addition to the T&C. They shall apply throughout the entire term of use of hosting services.
1.3 If there are discrepancies between provisions of the T&C und the provisions of these Usage Policy the provisions of the T&C shall prevail unless these Usage Policy expressly provide otherwise with reference to the corresponding provision of the T&C.
2.Use of the hosting services
2.1 The use of the hosting services may only happen in accordance with the T&C, these Usage Policy and the law applicable in Switzerland and abroad. The following actions in particular are prohibited:
• Committing a crime (fraud, computer crime, money laundering, infringement of business secrets, document forgery, violence and threats against authorities and civil servants, unauthorised gaming etc.), participating in a criminal act (collaborating, instigating, aiding and abetting), or the transferral of the hosting services for the purpose of the committing of a criminal act by third parties who are under the supervision of the Customer, such as children, employees, subcontractors etc. (hereafter “Agents”).
• Disseminating or making accessible contents that are against the criminal law or civil law (depictions of violence, so-called soft and hard pornography, incitement to disturb the public peace, disruption of freedom of religion and culture, racial discrimination, libel, defamation, infringement of privacy etc.) by the Customer himself or by his Agents. Soft porn may, however, be made accessible if the Customer installs effective controls which merely enable those over 16 years of age to access corresponding contents.
• Unauthorised receipt, storage or dissemination of contents which are protected by law (copyright, trademark, data protection, design and patent law).
2.2 The Customer is obligated to take suitable precautions to prevent the illegal use of the hosting services and to inform hostclick immediately of anything appropriate that is found that would prevent the hosting services from being misused. Notwithstanding the limitations on liability provided in Cl. 8 of the T&C, the Customer shall indemnify hostclick in full for all claims made against hostclick in connection with the use of the hosting services by the Customer and the individuals under his supervision. The loss or damage to be compensated also includes the costs of a proper legal defence of hostclick. The Customer undertakes to assist hostclick and the third party used by it in any proceedings. hostclick is entitled to require the Customer to provide a security deposit as a precautionary measure to ensure coverage of the loss or damage. hostclick is entitled to suspend the services or to terminate the contract without giving notice if the security deposit is not provided.
2.3 The installation of resource-intensive applications/scripts on the servers of hostclick, resource-intensive downloads and other resource-intensive uses of the hosting services by the Customer which might jeopardize the normal function or security of the network through which hostclick provides the hosting services are allowed only with the prior written consent of hostclick. hostclick is still authorised at any time to revoke with immediate effect a consent that has been granted, on the grounds of ensuring that the infrastructure can operate, and to prevent the use of the relevant applications/software immediately.
Executing the following processes is prohibited in all cases:
• Peer-to-Peer software;
• Network scanners;
• Brute force programs/scripts/applications;
• Mailbombs/spam scripts;
• VolP software;
• Game servers;
• Bots, webcrawlers, IRC servers, clients;
• Terminal emulations.
• Crypto-Mining software.
This list is not exhaustive and it is the responsibility of the Customer, prior to installing an application/script, to check whether activation is permitted based on these Usage Policy . The Customer can for this purpose send a query to hostclick.
3. Electronic mail
3.1 The Customer is responsible for the content of the messages which he sends while using a hostclick service. The Customer shall indemnify hostclick if third parties assert claims against hostclick in connection with the transmission of messages on the part of the Customer.
3.2 Sending identical emails to a large number of addressees is prohibited to the extent that this is done without the prior consent of the addressees (opt-in), without correctly stating the identity of the sender or without a reference to a simple and free opt-out (spamming). By way of exception, sending information concerning goods and services without a prior opt-in of the recipient is permitted if the recipient concerned is already a customer of the sender and the message contains information on goods and services similar to the ones already received by the recipient as well as a reference to a simple and free opt-out (Art. 3 (1) lit. o UWG).
3.3 The use of a third party mail server as a distribution station (relay) for the processing of identical unsolicited messages to a large number of addressees with the domain name registered with us is prohibited.
3.4 Offering banner exchange and email exchange pages is prohibited.
3.5 Advertising web sites and services which are operated on the infrastructure provided by hostclick, by means of identical, unsolicited messages to a large number of addressees is prohibited (spamvertizing).
4. Security guidelines
4.1 A breach of system and network security constitutes a contractual breach for which the Customer shall be liable under civil law. The limitations on liability provided in Cl. 8 of the T&C shall not apply. If the necessary preconditions are met the Customer shall also be liable under criminal law. The following actions in particular constitute such breaches of system and network security:
• Unauthorised access to or unauthorised use of data, systems and network elements, checking the vulnerability of the system or network competence without prior agreement (scanning) or the attempt to penetrate security measures and authorisation measures, without first obtaining the prior written consent of the affected party.
• Unauthorised monitoring of the data traffic without the prior written consent of the competent authorities or the network owner (sniffing).
• Harming of the systems of hostclick and its customers, including by mail bombs, mass mailing or other attempts to overload the system (flooding).
• Hacking management information in TCP/IP packets (packet headers), e.g. the TCP/IP addresses or information in the management section (e.g. address of recipients/senders), in an electronic message.
4.2 The passwords or other identifying parameters notified to the Customer are intended for personal use by the recipient and must be treated as confidential. hostclick may rely on the fact that the person using an identification parameter is authorised to do so.
4.3 The Customer and his Agents are obligated to terminate use of the hosting services in accordance with the procedure recommended by hostclick (for example, closing the browser by clicking on “Logout”, “Sign off” or “Exit”).
5. Prosecuting breaches
hostclick will prosecute breaches of these Usage Policy in accordance with the T&C (see in particular Cl. 3.2.2 and 3.2.6 of the T&C.
6.Messages and changes
6.1 The Customer is obligated to inform hostclick immediately of the defects, disruptions or interruptions of hosting services, systems or software, including all cases of illegal or non-contractual use of the service by third parties (e.g. hackers), which have come to his attention.
6.2 Messages in connection with the Usage Guidelines stipulated here must be sent to: firstname.lastname@example.org.
6.3 hostclick reserves the right to amend these Guidelines in accordance with the principles contained in the T&C.
Kloten, June 2018
Terms and Conditions for domain names
These General Terms and Conditions for domain names (hereafter “Domain Name T&C”) shall apply to all domain name services offered by Altavis GmbH (“Altavis, hostclick”). By using our domain name services you accept the following Domain Name T&C completely without any alteration.
Table of Contents
1. Scope of application and conclusion of contract
1.1 These Domain Name T&C cover the use of domain name services which hostclick provides to its customers (hereafter “Customer”).
1.2 The Domain Name T&C automatically incorporate the provisions of the Terms and Conditions of hostclick (hereafter “T&C of Services”).
1.3 1.1 The Customer shall select the domain name services to be provided by hostclick from the range of services available at the time of use and shall send hostclick his binding order. By sending the order the Customer accepts these Domain Name T&C in addition to the T&C of Services, as well the regulations and/or conditions of the respective registrar of a TLD (T&C of the registrar) as well as any partners which provide specific services (T&C of the partner). hostclick may ask the customer to reconfirm its consent by activating a check box. The customer acknowledges that the T&C of the registrar and/or the T&C of the partner may be changed and that hostclick has no control over this. The customer is obliged to keep informed of any changes to the T&C of the registrar and/or the T&C of the partner and to observe the applicable T&C of the registrar and/or T&C of the partner at all times.
2. Services and rights of hostclick
Within the scope of the service ordered by the Customer, hostclick shall manage the latter’s domain name(s) and, after the Customer makes an application, shall arrange for the registration of domain names in the name of the Customer, the transfer of existing domain names of the Customer for the purpose of administration by hostclick or the transmission to a third party of a domain name already registered with the Customer and managed by hostclick (“change of owner”).
2.2 Applications for registration
hostclick shall treat the applications for registration in accordance with the principle of equal treatment. Registration of a domain name for which several valid applications are received shall be performed in hostclick’s sphere of influence on a first come, first served basis in respect of the sequence of orders received. The Customer acknowledges that domain names are assigned to him by the registrar not by way of ownership but only for the purpose of use.
2.3 Transmission of domain names
2.3.1 hostclick shall arrange for the transmission of a domain name upon the written application of the Customer. In the event that corresponding notarial declarations must be provided for the transmission, the Customer undertakes to procure these at his own cost.
2.3.2 hostclick shall moreover transmit a domain name even without written application by the Customer in exchange for presentation of an enforceable decision of a court or a contract concluded between the Customer and the third party in which hostclick is directly instructed to transmit the domain name to the third party. The third party must provide a certificate that the judicial decision is enforceable.
2.3.3 hostclick shall be authorised to temporarily block the transmission of a domain name if hostclick is given binding instructions to do so by a court or an authority. This is subject to any further measures which are ordered by courts and authorities. hostclick may moreover block a domain name if it can be proved that a third party has instituted judicial or arbitral proceedings against the current holder for the deletion/revocation or transmission of the domain name.
2.4 No duty to verify authority of the Customer
hostclick is not obligated to verify the authority of the Customer to register, transfer or transmit the domain name. An application to register, transfer or transmit a domain name constitutes a binding representation to hostclick by the Customer making the application that the registration, transfer or transmission of the domain name stated in the application can be legally performed and the Customer is authorised to register, transfer or transmit the domain name.
2.5 Right of hostclick to refuse to provide domain name services
2.5.1 The Customer shall be deemed in relation to hostclick to be the holder of the domain name and the Customer shall be exclusively responsible for the use thereof. The Customer shall be fully liable to hostclick in accordance with Cl. 8.2 for any third party claims associated with illegal registrations, transfers or transmissions of domain names. If there is a concrete indication or justified suspicion that the Customer is not authorised to register, transmit or transfer a domain name, hostclick reserves the right to refuse to provide the corresponding service.
2.5.2 If hostclick finds there has been a misuse of its domain name services or unauthorised use of data and information by the Customer, hostclick shall be authorised, until the legal status quo is restored, to interrupt its services without any further prior notice.
2.5.3 The customer acknowledges and accepts that some registrars and/or partners reserve the right, under certain circumstances (e.g. violation of applicable laws regulations or conditions, or for technical reasons) to order the rejection, change, deletion, to refuse resp. suspend the services, or to transfer of a registration or to temporarily reset or lock domain names.
2.6 Additional provisions concerning Data protection for domains
2.6.1 As a supplemental service hostclick offers its domain name customers through partners the “Data protection for domains” services. Data protection for domains support customers in protecting the personal data usually published in the course of a domain registration against misuse. In the case of Data protection for domains the Whois entry shall disclose the partner’s proxy details wholly or partially instead of the customer’s data.
2.6.2 The customer is responsible for compliance with the preconditions for Domain Privacy described on the range of services page. The customer undertakes in particular to use the Domain concerned only for lawful and not for objectionable purposes with due regard for the present T&C domain names (including T&C of Services).
2.7 Use of data
2.7.1 The customer grants hostclick and the respective registrar and irrevocable, non-exclusive, non-transferable and cost-free license to use the data provided to the respective registration system so far as this is necessary to perform registry services.
3. Rights and obligations of the Customer
3.1.1 The Customer is authorised to make the intended use of the domain name service and undertakes to comply with these Domain Name T&C (including the T&C of Services), the T&C of the registrar, the T&C of the partner as well as any instructions of hostclick.
3.1.2 If the Customer arranges for the domain name and his website to be hosted by hostclick on the servers of hostclick, he must comply with the provisions of the T&C of Services of Services and the provisions of the contract documents received in addition to complying with these Domain Name T&C of Services.
3.2 Duty to provide truthful information
3.2.1 When ordering and using the services, the Customer is obligated to provide truthful and comprehensible information to hostclick. hostclick may ask the customer at any time and without the need to state grounds for the inquiry to subsequently provide documents, information or (e.g. in cases of disputed transfer agreements or unilateral transfer declarations or in the event of changes made by third parties) confirmations by which hostclick is able to verify the correctness of the details. hostclick is authorised to defer or to refuse registration or the transfer of domain names if the customer fails to submit suitable documents, information and/or confirmations within the period set by hostclick for this purpose.
3.2.2 The Customer shall also be responsible for ensuring that the customer data entered in accordance with the order (billing and administrative contact and technical contact) is current, complete and correct throughout the entire period of the registration. hostclick is not obligated to comply with any data that is notified other than the data notified through the order; nor is it obligated to make its own inquiries in relation to the correction of said data.
3.2.3 If the customer data (billing and administrative contact and technical contact) prove to be incomplete, incorrect or not current, and the Customer fails to correct this at the request of hostclick within 10 calendar days, or if the identity of the Customer cannot be determined or if notices by hostclick to the billing contact cannot be delivered, hostclick shall be authorised to revoke the relevant domain name of said Customer and terminate the contract. If the Customer uses the Domain Privacy or Domain Full Privacy service, the T&C of Services of the registrar and the T&C of Services of the partner shall additionally apply.
3.3 Responsibility for identification parameters
Passwords and other identification parameters which hostclick notifies to the Customer are specifically for the Customer’s personal use and must be treated as confidential. The Customer bears full and sole responsibility for the use of the passwords and identification parameters.
3.4 Country domain names and generic TLDs
In the case of registration of country domain names and generic TLDs (.com, .net, .org. etc.) the Customer shall comply with the standards applicable thereto in each case. This concerns, in particular, ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP).
3.5 Final acceptance and notice of defect
The Customer is obligated to accept notices and processes implemented by hostclick under these Domain Name T&C of Services (hereafter “Work Result”) immediately after they have been provided or notification has been given and to check them for defects. Acceptance shall be deemed to have occurred automatically if the Customer makes productive use of the Work Result and unless the Customer indicates to hostclick any defects within one (1) business day of sending the notice or providing the Work Result with a comprehensible description in writing (by opening support ticket via email or Client Area with subsequent acknowledgment of receipt by hostclick).
4. Invoicing and payment terms
4.1 The payment obligation shall commence upon conclusion of the contract.
4.2 hostclick generally invoices the Customer for the selected contractual term in advance. The invoice is payable by the due date stated on the invoice.
5. Default by the Customer
5.1 If the Customer has not yet paid for the domain name services, hostclick shall be authorised to refuse to provide the corresponding service or to suspend it until the invoice is settled. In the case that the domain is not paid and goes into redemption period, a restore fee is charged to reactivate the domain.
5.2 In addition, hostclick is authorised in the case of default by the Customer to charge 8% late interest and as of the 2nd reminder it is entitled to charge dunning fees in the amount to cover costs. hostclick is also authorised to terminate the service without notice.
6. Additional provisions
6.1 The parties waive their right to offset mutual claims against each other.
6.2 Rights and duties under these Domain Name T&C can only be transferred to third parties with the written consent of the other party. This provision does not apply to the transfer of the contract from hostclick to a legal successor or associated company.
6.3 These Domain Name T&C and any disputes arising under or in connection with the contractual relationship between hostclick and the Customer shall be subject exclusively to Swiss law, excluding its conflict of laws rules and the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG).
6.4 The ordinary courts at the registered office of hostclick shall have exclusive jurisdiction. hostclick also has the option of taking legal action against the Customer at the latter’s domicile.
Kloten, August 2018