General Terms and Conditions of Service

"021HOST" General Terms and Conditions of Service :

BY SIGNING UP FOR AND/OR OTHERWISE ACCESSING ANY OF THE SERVICES OR PRODUCTS OFFERED BY 021HOST INC YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. THESE TERMS & CONDITIONS SUPERSEDE ALL EARLIER VERSIONS AND REQUIRE MANDATORY ARBITRATION OF DISPUTES. Please read these terms and conditions carefully, as they describe your legal rights and obligations. This agreement shall become effective as of the date of (1) your electronic signature on or acceptance of this Agreement, (2) the activation of your account or (3) your receipt of an e-mail from 021HOST confirming your order, whichever happens first. THIS AGREEMENT IS EFFECTIVE FOR AN INITIAL TERM OF ONE MONTH (OR LONGER IF YOU HAVE A MINIMUM OR EXTENDED TERM CONTRACT) AND IS AUTOMATICALLY RENEWABLE FOR SUCCESSIVE TERMS OF THE SAME LENGTH AS THE INITIAL TERM OR FOR SUCCESSIVE ONE MONTH TERMS, AS MORE FULLY DESCRIBED IN THE TERM AND TERMINATION PROVISIONS CONTAINED IN SECTION 2. EXCEPT AS OTHERWISE PROVIDED HEREIN, EITHER YOU OR 021HOST MAY TERMINATE THIS AGREEMENT (AND YOUR ACCESS TO YOUR ACCOUNT) AT ANY TIME WITH 30 DAYS NOTICE, OR 021HOST MAY TERMINATE THIS AGREEMENT OR SUSPEND YOUR ACCOUNT WITH NO NOTICE FOR A BREACH OF THIS AGREEMENT. ANY AND ALL OUTSTANDING FEES (INCLUDING WITHOUT LIMITATION THOSE THAT MAY BE OWED UNDER A MINIMUM OR EXTENDED TERM PACKAGE) SHALL BE DUE AND PAYABLE UPON TERMINATION, ALL AS MORE FULLY DESCRIBED IN SECTION 2.

1. DEFINITIONS.

For the purposes of this Agreement:

1.1. "021HOST's Equipment" shall mean computer and telecommunications device, Internet access and/or transmission rights owned, operated, and/or maintained by 021HOST and/or 021HOST’s affiliates, agents, or assigns which provide the 021HOST Services.

1.2. "021HOST”, "us," "we," "our" and grammatical variants thereof shall collectively refer to 021HOST Inc. , a corporation organized and existing under the laws of the State of Delaware, Austria , located at Arnethgasse 88/1 1160 Wien and its assigns and successors in interest.

1.3. "021HOST Services" shall mean the products and services provided by 021HOST and/or 021HOST's affiliates, agents, or assigns at any given time, including but not limited to web hosting, e-mail, domain registration, and any associated support services, which services may be changed, amended, and/or otherwise altered at any time in 021HOST's sole discretion.

1.4. "021HOST Software" shall mean any software provided by 021HOST at any given time, whether downloaded to your computer, provided to you on CD or another form of removable media, or utilized online as part of the 021HOST Services. The 021HOST Software includes the program and any and all copies or portions thereof, whether standing alone or in combination with other programs, as well as the documentation and other materials delivered in connection with the software, if any.

1.5. "Bandwidth" shall refer to the rate of data transmission in bits per second using 021HOST's Equipment.

1.6. "Content" shall mean the downloadable files which are interpreted by a client web browser for display with or without plug-ins.

1.7. "Customer Service" shall refer to communication from us to you dealing with problems or questions relating to services provided by us to you.

1.8. "Designated Agent" shall mean an individual or entity that the Prior Registrant or New Registrant explicitly authorizes to approve a Change of Registrant on its behalf.

1.9. "Fee" shall mean monies and other consideration you are obligated to pay to 021HOST for the right to use the 021HOST Services and Bandwidth subject to the terms and conditions of this Agreement and of the particular 021HOST Services for which you have registered, as outlined on the then-current schedule of fees.

1.10. "Fee Schedule" shall mean the fees for the 021HOST Services as published on the 021HOST website, which may be modified at any time in 021HOST’s sole discretion pursuant to the provisions of 23.1.

1.11. "International Customers" shall mean customers residing in or accessing the 021HOST Services from outside of the Austria .

1.12. "Material Change" means a non-typographical correction. The following will be considered Material Changes:

a) A change to the domain name owner’s name or organization that does not appear to be merely a typographical correction;

b) Any change to the domain name owner’s name or organization that is accompanied by a change of address or phone number; and

c) Any change to the domain name owner’s email address.

1.13. "Laws" shall mean the laws, statutes, and regulations then in effect of the Austria and its various states and dependencies as well as the laws of Your country of residence or the country in which you use or access the 021HOST Services and the laws of any provinces, states or dependencies thereof.

1.14. "Parties" shall collectively refer to 021HOST and you.

1.15. "Payment Account" shall refer to the credit card or Pay Pal account provided by You upon registration to pay for Your Services. 021HOST may add, delete, or modify the methods by which customers can pay for the 021HOST Services at any time without prior notice, in its sole discretion. Payments processed by Pay Pal are subject to Pay Pal's terms and conditions of service, and 021HOST makes no representations or warranties with respect to those services.

1.16. "Suspend" or "Suspension" shall include the disabling of, releasing of, disabling of, and/or placing of a registrar lock on your domain name and the cessation of transmission of data to or from Your Web Site or via Your Services.

1.17. "Technical Support" shall refer to communications from us to you dealing with problems or questions relating to technical matters involving software or services provided by us to you.

1.18. "Web Site Space" shall mean a quantity of computer memory allocation, as outlined in the program description for Your Services, generally located on one or more computer storage devices and measured in units of megabytes (MBs) wherein data comprising Your Web Site is stored and is accessible by 021HOST’s web server equipment.

1.19. "You", "your" and grammatical variants thereof shall mean you, any other entity which has an ownership or other beneficial interest in you, or any other entity in which you have an ownership or other beneficial interest.

1.20. "Your Data" shall mean any data, including but not limited to advertisements, documents, e-mails, images, movies, web pages, or other Content, related to your use of the 021HOST Services and stored on or transmitted by the 021HOST Equipment.

1.21. "Your Web Site" shall mean data transmittable via the Internet by 021HOST which is stored in your Web Site Space.

1.22. "Your Services" shall mean the specific 021HOST Services for which you have contracted, subject to the limitations and specifications of the particular service effective as of the date of contract and to the fees for those 021HOST Services pursuant to the current Fee Schedule.

2. TERM AND TERMINATION.

2.1. Except as otherwise provided in this Agreement, this Agreement shall be for an initial term of one month and shall be automatically renewed each month for additional one month periods unless and until sooner terminated pursuant to the provisions of this Section 2. 021HOST may accept prepayment for services to be provided under this Agreement, but such acceptance shall not modify or extend the term of this Agreement. Notwithstanding anything herein to the contrary, 021HOST offers certain Hosting and other Packages for which the term of this Agreement shall be in excess of one month (the "Extended Term Packages"), at the end of which this Agreement shall automatically renew for additional terms of equal length unless you turn off the auto renew function in your account, in which case this Agreement shall terminate at the end of the then-current term. You will receive notice between 30 and 60 days prior to the end of each term of your Extended Term Package that will alert you that your term is about to renew and will provide you with instructions on how to cancel if you do not wish to renew. These notices will be sent via email at the email account you provide to 021HOST. Any and all service fees for the Extended Term Packages are NON-REFUNDABLE AND ARE DUE AND PAYABLE UPFRONT IN ADVANCE for the entire term thereof. Should you choose to terminate your Extended Term Package prior to the end its term you will not be entitled to a refund. For the purposes of this provision, any modification of the hosting package may, in the discretion of 021HOST, be deemed a termination. Fees paid for an Extended Term Package shall be refunded to you if this Agreement is terminated by 021HOST without cause pursuant to Section 2.2. prior to the end of the term of your Extended Term Package in an amount equal to the service fees for the remainder of the term on a prorated basis, or as otherwise agreed to in writing by 021HOST in its sole discretion. Further notwithstanding anything herein to the contrary, 021HOST offers certain Packages for which the initial term of this Agreement shall be in excess of one month and shall have minimum term requirements (the "Minimum Term Contract Packages"), at the end of which such initial term this Agreement shall renew automatically on a month-to-month basis pursuant to the terms herein. Any and all service fees for the Minimum Term Contract Packages are due and payable for the entire initial term thereof. Should you choose to terminate your Minimum Term Contract Package prior to the end of its term you authorize 021HOST to charge the Payment Account for all such fees and charges for the remainder of such initial term. For the purposes of this Section, any modification of the server package may, in the discretion of 021HOST, be deemed a termination and entitle 021HOST to the Fees owing on the Minimum Term Contract Package.

2.2. Except as otherwise provided herein, you or 021HOST may terminate this Agreement at any time for any reason, with or without cause, upon thirty days' written notice. You may terminate your account via the control panel or by notice to 021HOST as set forth in Section 18.2. Should you terminate via e-mail, you must send the termination notice using the e-mail address which you provided to 021HOST upon registration or subsequent thereto, in order to ensure the authenticity of the cancellation.021HOST may suspend performance under or terminate this Agreement and cease transmission of data associated with Your Web Site immediately and without notice:

2.2.1. if 021HOST, in its sole discretion, deems that you have breached any part of this Agreement, including, without limitation, any warranty or obligation set forth in Section 8,

2.2.2. if your Payment Account provider refuses payment of fees or charges or you refuse authorization for same, or

2.2.3. if payment for the 021HOST Services is more than fifteen days overdue.

2.3. Your Payment Account provider, directly or through third-party service providers, may provide 021HOST with updated credit card numbers, expiration dates, or other information which may be used to renew services or make payments under this Agreement. Should 021HOST choose, in its sole discretion, to participate in such auto-update programs, you agree that 021HOST may share your Payment Account information with such third-party providers and may update Your Payment Account with information provided through such services. You authorize any and all charges to your Payment Account using such updated information, whether or not you or 021HOST have prior notice of same. 021HOST cannot guarantee that your Payment Account will be updated, and you acknowledge and agree that it is your responsibility to keep your payment information current and up-to-date at all times and that you shall be liable to 021HOST for your failure to do so, including for any charges that 021HOST may incur as a result of your failure to keep your payment information current. 021HOST shall have no liability for declined payments or incomplete or out-of-date Payment Account information.

2.4. After termination, you will no longer have access to your account and Your Data, including but not limited to e-mails, log files, databases, or other data files associated with your account may be deleted. 021HOST accepts no liability for such deleted information or content.

3. DESCRIPTION

Subject to and conditioned upon 021HOST’s retained rights and all other terms and conditions set forth in this Agreement, 021HOST offers the 021HOST Services as soon as practicable after registration for and payment of any and all fees due. You will receive a password, account and instructions upon completion of the registration process. You are responsible for maintaining the confidentiality of both your password and your account and are fully responsible for all activities that occur under your password and your account. You agree to immediately notify 021HOST of any unauthorized uses of the account or any other breaches of security. 021HOST cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will 021HOST be liable, in any way, for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. The 021HOST Services are subject to the following conditions and restrictions:

3.1. Web Hosting Services

3.1.1 021HOST shall provide to you a non-transferable, revocable, non-sublicensable, non-exclusive and limited license to use the amount of Web Site Space allocated to Your Services for your non-exclusive use for the exclusive purpose of storing Your Web Site data and disseminating said data via the Internet through the use of 021HOST’s Equipment for purposes consistent with this Agreement.

3.1.2 021HOST, either directly or through its assignee or licensee, shall provide Customer Service relating to Your Web Site consisting of replying to customer questions or complaints regarding services provided by us to you relating to Your Web Site. 021HOST is not obligated to provide any Customer Service except as specified in this Section 3. Any and all requests for additional Customer Service may be refused by 021HOST with or without reason. Any additional Customer Service which 021HOST may subsequently agree to provide to you shall be at 021HOST’s sole discretion and once commenced, may be terminated at any time by 021HOST without notice to you and without any liability to 021HOST. Notwithstanding the foregoing, 021HOST at its sole discretion may at any time alter or cease providing the Customer Service which it has agreed to provide to you relating to Your Web Site pursuant to this Agreement without any liability to 021HOST.

3.1.3 021HOST, either directly or through its assignee or licensee, shall provide Technical Support relating to Your Web Site. Any and all requests for Technical Support may be refused by 021HOST with or without reason, in its sole discretion. Any Technical Support which 021HOST may subsequently agree to provide to you shall be at 021HOST’s sole discretion and once commenced, may be terminated at any time by 021HOST without notice to you and without any liability to 021HOST.

3.1.4 All use of Web Site Space and provision of services to you by 021HOST shall be subject to all terms and conditions set forth herein. You may not attempt to expand or alter these rights or 021HOST’s services by entering into multiple agreements.

3.1.5 Unless provided otherwise in the specifications for your Services, Bandwidth use, including but not limited to data retrieval from your Web Site, e-mail traffic, and downloads, shall not exceed six gigabytes per month. Your combined mailbox use per account shall not exceed twenty-five gigabytes per month. You are responsible for monitoring your Bandwidth and mailbox use, and agree to check your e-mail and download or delete your e-mail on a regular basis in order to ensure compliance with this paragraph. Should you exceed your mailbox use limits 021HOST may return or reject any and all e-mails sent to you to the originating sender without liability to you. You agree that 021HOST may debit the Payment Account for usage in excess of permitted amounts at the rates set forth in the then-current Fee Schedule.

3.1.6 Some 021HOST Services may not be available to International Customers, and 021HOST reserves the right to alter, amend, or discontinue the provision of some or all of the 021HOST Services to International Customers in a particular market at any time in 021HOST’s sole discretion.

3.1.7 021HOST may suspend performance under or terminate this Agreement, cease transmission of data associated with your domain name immediately and without notice, permanently remove Your Data from the 021HOST Equipment, and take any other actions it deems necessary, in its sole discretion, immediately and without notice, to comply with the relevant Laws if it is informed or otherwise believes, in its sole discretion, that Your Web Site violates the intellectual property rights of any third party or is otherwise the subject of a dispute. As more completely set forth in Sections 6, 7, and 10, you waive any and all claims you may have, now and forever, against 021HOST relating to the content, use, and operation of Your Web Site and agree to indemnify and hold harmless 021HOST from and against any such claims.

3.1.8 You are responsible for backing up Your Data on your own computer. 021HOST does not warrant or otherwise guarantee that it will back up your data or that data which has been backed up can be retrieved, and will not be responsible for any archiving or backup of Your Data. If any of Your Data is damaged, deleted, lost or corrupted in any way, or becomes otherwise unavailable due to termination or suspension of your account pursuant to this Agreement, 021HOST will have no obligation or liability to you.

3.1.9 All web hosting packages are subject to a maximum limit of 262,144 individual files for Linux hosting and 500,000 files for Windows hosting.
In a web hosting package with 50 gigabytes of web space, the customer can initially have over 20 gigabytes of web space. From a usage of at least 75% of the available web space, it will be increased automatically in increments of 10 gigabytes and free of charge until the usage is again below 75%.
In a web hosting package with 100 gigabytes of web space, the customer can initially have over 50 gigabytes of web space. From a usage of at least 75% of the available web space, it will automatically increase in increments of 20 gigabytes, and free of charge, until the usage is again below 75%.
In a web hosting package with 250 or 500 gigabytes of web space, the customer can initially have over 100 gigabytes of web space. If at least 75% of the available web space is used, it will automatically increase in increments of 50 gigabytes and up until it is below 75% again.
021HOST reserves the right to move customers to servers which are more suited for that customer's usage, in 021HOST’s sole discretion, and the customer agrees and understands that during any such move some or all of the 021HOST services may be unavailable or inaccessible. Packages with unlimited mail space are initially configured with 50 GB of available mail space per mailbox. In the event that the customer's usage approaches the limits of the available mail space, 021HOST will increase the mail space configuration in increments of 5 gigabyte at no further cost to the customer, but no more than once per day. To get your mail space increased please contact the 021HOST Technical Support.

3.2. Domain Name Registration

3.2.1 Should you choose to register a domain name through 021HOST, 021HOST will register a second level domain name on your behalf, provided such domain name is available for registration. 021HOST acts only as an intermediary between you and the organization providing the domain name, and has no influence over the assignment of domain names. The registration of your domain name is subject to the terms and conditions of those registry terms and conditions, and is also subject to the terms of the Uniform Domain Name Dispute Resolution Policy ("UDRP"). You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions of the UDRP in effect at the time of the dispute. 021HOST assumes no liability in the event the domain name is unavailable or otherwise not assigned to you, and does not warrant or guarantee that assigned domain names do not infringe the rights of third parties, or that you will retain the rights to that domain name for any period of time. Upon payment in full of any and all registration fees, 021HOST shall not own or otherwise legally control any domain name registered on your behalf. You agree that you are responsible for any and all fees and costs related to the registration of your domain name, and you authorize 021HOST to debit the Payment Account for any such fees and costs. You acknowledge and agree that in the event of termination or expiration of a domain name, 021HOST shall be the Designated Agent, commencing from the effective date of termination/expiration. Unless terminated, at the end of each term your domain name shall automatically renew for an additional term and you further authorize 021HOST to debit your Payment Account for the renewal fee associated with such renewal term and any related fees or charges. Should the Payment Account provider fail to honor such renewal fee, 021HOST may, in its sole discretion, release, cancel, or otherwise dispose of or utilize your domain name as it sees fit, with no obligation to you whatsoever. If a domain is terminated, 021HOST may delete the domain registration forty (40) days after effective date of such domain name termination. Additionally, 021HOST may, in its sole discretion, assign the domain name to another party for any and all purposes.

3.2.2. You acknowledge and agree that 021HOST or its agents, assignees or licensees may associate any data of any kind, in 021HOST’s sole discretion, with the Domain Name registered in association with Your Web Site or any URL incorporating said Domain Name until you replace such data with Your Web Site, at such times as Your Web Site is no longer available, and upon termination for any reason, for as long as 021HOST or 021HOST’s agent, assignee or licensee continue to be listed as the hosting entity with the domain name registry used to register such Domain Name. This paragraph shall apply to any and all web pages generated by 021HOST or its affiliates, including but not limited to 404 error pages.

3.2.3. The Customer agrees and accepts that, for reasons of security and/or in accordance with ICANN and other registry policies, 021HOST shall set domain locks under certain circumstances, including but not limited to domain name registrations, domain name transfers, and any Material Changes to domain name owner details. The Customer will nevertheless be able to remove the transfer lock in order to allow a transfer of a domain name which has been applied for by third parties.

3.2.4. You represent and warrant that your domain name does not infringe the copyright, trademark, or any other intellectual property rights of any person or company and that your domain name is otherwise in compliance with the terms of this agreement, in particular the provisions of Section 8.

3.2.5. You shall inform 021HOST of any claim or potential claim against your domain name, including but not limited to the initiation of a dispute under the UDRP, within five days of notification of same. Should you lose your right to use a domain name which is used in connection with the 021HOST Services, whether through expiration of the domain name, judicial decree, administrative decisions of the UDRP or otherwise, you agree to inform 021HOST immediately of the party to whom the domain name is to be transferred and you authorize 021HOST to take any and all action necessary to effect such transfer.

3.2.6. 021HOST will accept the transfer of domain names from other registrars, provided however, that you will be required to pay for an initial year of registration fees upon transfer. Domain names which have been prepaid for a period of more than one year but with fewer than nine years remaining may also be transferred, subject to the payment of an initial year of registration fees. An additional year will be added on to the remaining term of any transferred domain. Domain names with more than nine years remaining on the registration period may not be transferred. Upon the expiration of the one-year extension you will be charged an annual renewal fee for any subsequent renewal period. By requesting the transfer of your domain name you authorize 021HOST to debit your Payment Account for the one-year registration fee and any related fees or charges.

3.2.7. You acknowledge and agree that in the event a Material Change in respect of a domain name owner is required for any reason, any responsibility and liability for such Material Changes shall be borne solely by the Customer and account owner as the Designated Agent. The full ICANN Transfer Policy is available here.

3.2.8. You acknowledge and agree that 021HOST reserves the right to act as Designated Agent (as such term is defined in the 021HOST GT&C) with respect to any Material Change (as such term is defined in the 021HOST GT&C) or update to the domain name owner for any reason, without any liability to the domain name owner. The full ICANN Transfer Policy is available on the ICANN website.

3.2.9. The Private Domain Registration Services offered by 021HOST are subject to the terms and conditions of 021HOST’s Private Registration Service (the "T&C Private Domain Registration"), which are incorporated herein by reference.

3.2.10. In using our Privacy Service, you agree to opt out of the 60-day transfer lock normally applied following any Material Change

3.2.11. You acknowledge and agree that 021HOST may suspend, cancel, transfer or modify your domain name registration at any time, for any reason, at the 021HOST’s sole discretion. Without limiting the foregoing, 021HOST may, in its sole discretion, suspend, cancel, transfer or modify a domain name registration:

1. to correct mistakes made by 021HOST, another registrar, or the applicable registry administrator,

2. to resolve a dispute related to that domain name,

3. within five (5) calendar days of the creation date of that domain name registration,

4. if you breach this Agreement (including any applicable additional rule or policy),

5. if you use a domain name in connection with unlawful activity.

6. if 021HOST believes, in its sole discretion, that the domain name has been registered fraudulently

7. upon receipt of a court order or other notification from a court of competent jurisdiction, an arbitration award, or other legal authority requiring the suspension, cancellation, transfer or modification of your domain name registration.

You further acknowledge and agree that your domain name registration is subject to suspension, cancellation, transfer or modification pursuant to the terms of any rules or policies applicable to your domain name registration, including, but not limited to (i) the UDRP, (ii) any ICANN adopted policy, (iii) any registrar (including 021HOST) or registry administrator procedures, or (iv) any other ccTLD registry administrator procedures. As more completely set forth in Sections 6, 7, and 10, you waive any and all claims you may have, now and forever, against 021HOST relating to the suspension, cancellation, transfer or modification of your domain name registration.

3.2.12. You shall have the right to cancel your contract in the event that the initial domain name registration price is greater than the price originally listed by 021HOST. For the purposes of clarity, this termination right is only in relation to the new gTLDs and only under the above circumstances.

3.2.13. You agree, and acknowledge, that some TLDs will have non-uniform renewal registration pricing such that the Fee for a domain name registration renewal may differ from other domain names in the same or other TLDs.
You can review 021HOST’s current renewal fees on the 021HOST website.

3.2.14. By ordering or applying SSL Certificates in connection with our products, You acknowledge and agree to comply with the Symantec Terms and Conditions set forth on the 021HOST website.

3.2.15. In the case of a tariff with unlimited SSL certificates, the customer receives an SSL Wildcard certificate for each domain for which he has a current contract with 021HOST, the SSL Wildcard certificate can be used for all domains administered by 021HOST; if the customer concludes a new contract which includes a domain with 021HOST another SSL Wildcard certificate will automatically be assigned.

3.3. Software

3.3.1. 021HOST may, in its sole discretion, provide you with 021HOST Software in combination with Your Services. Upon payment of all fees due and owing to 021HOST under this Agreement, 021HOST hereby grants, and you hereby accept, a nontransferable, revocable, non-sublicensable, and non-exclusive license to use the 021HOST Software and all related documentation for your own personal or business use during the term of this Agreement. Any rights not expressly granted herein shall be reserved for 021HOST. Source code or other information pertaining to the logic design of the 021HOST Software is specifically excluded from the license granted hereunder.

3.3.2. Although certain 021HOST Software may be provided free of charge, 021HOST reserves the right to charge for the 021HOST Software or any updates thereto or upgrades therefor at any time.
3.3.3. You recognize that the 021HOST software and all related information, including but not limited to any and all updates, improvements, modifications, enhancements, and information related to installation of the 021HOST Software at your home or office, are proprietary, and that all rights thereto, including copyright, are owned by 021HOST . You further acknowledge that you have been advised that the 021HOST Software, including updates, improvements, modifications, enhancements, and information related to installation, constitutes a trade secret of 021HOST , is protected by civil and criminal law, and by the law of copyright, is valuable and confidential to 021HOST , and that its use and disclosure must be carefully and continuously controlled.

3.3.4. 021HOST shall at all times retain title to all the 021HOST Software and all related information, including all updates, improvements, modifications and enhancements, furnished to you hereunder.

3.3.5. Unless provided otherwise in the specifications for Your Services, the 021HOST Software supplied hereunder is for the your personal or business use. You shall not permit any third party to use the 021HOST Software or allow access to the 021HOST Software from sites outside of your home or business premises except as specifically authorized in writing by 021HOST . The 021HOST Software is to be used only for the purposes specified in this Agreement and specifically as restricted in the following three subparagraphs of this Section 3.

3.3.6. While this Agreement is in effect, or while you have custody or possession of any of the Software, you will not: (i) reproduce, copy or publicly display, or permit anyone else to reproduce, copy or publicly display, any of the 021HOST Software, whether such 021HOST Software is in written, magnetic or any other form, except pursuant to reasonable backup procedures, or for use in Your Web Site pursuant to this Agreement, nor; (ii) provide or make the 021HOST Software available to any person or entity other than your employees or agents who have a need to know consistent with your use thereof under this Agreement, nor; (iii) create or attempt to create, or permit others to create or attempt to create, by disassembling, reverse engineering or otherwise, the source programs or any part thereof from the object program or from other information (whether oral, written, tangible or intangible) made available to you under this Agreement, nor; (iv) copy for your own use or the use of others operator manuals, system reference guides, training materials and other user-oriented materials without the prior written consent of 021HOST. In order to protect 021HOST’s trade secrets and copyrights in the 021HOST Software, you agree to reproduce and incorporate 021HOST’s trade secrets or copyright notice in any copies, modifications or partial copies.

3.3.7. You agree to notify 021HOST forthwith if you obtain information as to any unauthorized possession, use or disclosure of any 021HOST Software by any person or entity, and further agree to cooperate with 021HOST at 021HOST’s expense, in protecting 021HOST’s proprietary rights.

3.3.8. Unless agreed otherwise in writing by 021HOST, the 021HOST Software may be used only on a single computer or workstation. 021HOST software designed for use on portable workstations may be installed on both a portable and a stationary computer but may not be used on both simultaneously. You may not install the 021HOST Software on a network except to facilitate permissible installation of the 021HOST Software on computers attached to the network. You warrant and guarantee that all users of the software shall be aware of and comply with the terms of this license.

3.3.9. Certain 021HOST Software is provided for online use as part of the 021HOST Services (the "021HOST Online Software"), and the use of such software may be subject to fees as outlined in the current Fee Schedule in accordance with this Agreement. The 021HOST Online Software is hosted software which runs directly on 021HOST’s servers, and you may not download, install, store or make any copies of the 021HOST Online Software, nor may you sublicense the 021HOST Online Software. You agree not in any way to translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market or otherwise dispose of any portion of the 021HOST Online Software or any copies thereof and not to assist any third party in doing so. The 021HOST Online Software is designed to be used through the 021HOST user interface and, as such, may be utilized by any authorized user from any computer or workstation. This license is automatically revoked upon termination of this Agreement. 021HOST reserves the right to suspend the use of, modify or discontinue the 021HOST Online Software for any or all customers at any time without notice. Certain Online Software is also Third Party Software, and is subject to the applicable provisions of 2.3.10. 021HOST may limit the functionality of any such third party Online Software, in its sole discretion.

3.3.10. 021HOST provides its customers with the ability to order certain third-party software (the "Third Party Software"), depending on the hosting package ordered. Except for Third Party Software which is also Online Software, such Third Party Software is delivered to 021HOST Customers by mail and may be ordered via customer's control panel for a period of six months after the commencement of the 021HOST Services. The license conditions governing the use of the Third Party Software may differ from 021HOST’s own software licenses. Customers of 021HOST are bound by the conditions of all licenses pertaining to such Third Party Software and should make themselves familiar with their terms and conditions. Some such Third Party Software is provided under license from Microsoft Corporation ("Microsoft Software"), and Customers using Microsoft Software are bound by the T&C Microsoft Software Products, which are incorporated herein by reference. 021HOST does not provide Technical Support for the Third Party Software. THE THIRD PARTY SOFTWARE IS OFFERED "AS-IS." THE PROVISION AND OFFERING OF THIRD PARTY SOFTWARE BY 021HOST DOES NOT CONSTITUTE AN ENDORSEMENT OF THE THIRD PARTY SOFTWARE, NOR CAN 021HOST MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE AND FUNCTIONALITY OF SUCH THIRD PARTY SOFTWARE.

3.3.11. In the event of termination of this Agreement, or upon any act which shall give rise to 021HOST’s right to terminate, or upon the expiration of the license for 021HOST Software which is subject to a limited-duration license, any and all licenses granted under this Section 3.3 shall terminate automatically, and you will remove, erase or destroy the 021HOST Software and documentation and all copies thereof, wherever located, without demand or notice.

3.3.12. 021HOST may stop providing the Software or any updates thereto, including but not limited to the Online Software or the Third-Party Software, at any time without notice or any further liability to You.

3.3.13. Software for International Customers is available for download only. Certain Software (including Third-Party Software) may not be available to International Customers.

3.3.14. 021HOST cannot guarantee that the domain name or the TLD will be registered at the registry. 021HOST cannot guarantee that the TLD will become available to the general public or be available from 021HOST. The TLD may have special registration Terms & Conditions and/or restrictions that are currently not known. 021HOST cannot guarantee that you will be able to conform to these T&CS and therefore may not be allowed to register the domain name on your behalf because of said Terms & Conditions and/or restrictions. Should such a situation arise, you have the right to cancel your binding pre-registration and will not incur any costs.

Should the domain name not be registered at the registry and the TLD not become available, then you will not incur any costs.

3.4. Premium Services.

3.4.1. 021HOST offers certain Premium Services to use with the 021HOST products and services. By ordering the 021HOST Premium Services, you agree to the terms and conditions set forth in this Section 3.4, in addition to the other terms in this Agreement.

3.4.2. The 021HOST Premium Services can only be used with the 021HOST products and services and only by account owners and persons with authority on the account. There will be no Premium Services provided to end users, unless consent has been provided by the account holder, in writing, to the 021HOST Premium Services Team. Any 021HOST Premium Services Team Member may ask for verification of identity and it shall be at the discretion of the 021HOST Premium Services Team Member whether the individual is, in fact, the account holder or has been otherwise properly authorized by the account holder.

3.4.3. The 021HOST Premium Services are available on request (subject to the availability of a 021HOST Premium Services Team Member). You are charged a fee for the Premium Service ordered. Such fee is in addition to the normal subscription fees for the relevant 021HOST package. The scope of each Premium Service ordered is detailed within the service description at the time of purchase.

3.4.4. The 021HOST Premium Services Team is available Monday – Saturday between 8:00am EST and 5:30om EST (excluding federal holidays). Outside the applicable business hours, a 24-hour-hotline support center can be reached for customers to make appointments for 021HOST Premium Services within the business hours.

3.4.5 Upon booking any Premium Service, you will be required to provide 021HOST with a credit or debit card or another valid payment method to pay for the service. You will be advised at the time of booking what the fee is based on the particular service or services ordered. You will be charged the amount of said fee upon the earlier to occur of (a) fulfilment of the services ordered; or (b) 30 days following the booking of said service(s). The booked service must be used within 30 days of purchase. Service-specific consultation calls with a 021HOST Premium Services Team Member are only available following a purchase of a Premium Service and must take place within 30 days of purchase.

3.4.6. Once booked, there is no refund of the Premium Service. You may cancel the order for Premium Services by e-mail or phone at any time but due to the nature of this customized service and the work involved, you will not receive a refund of the service fee. The 30-day money-back guarantee that is offered for some other 021HOST products is not available for Premium Services. Cancelling the Premium Services has no effect on any other existing 021HOST contracts.

3.4.7. If necessary, you must provide the 021HOST Premium Services Team Member with remote access to your computer or other applicable device. You must provide any technical equipment (e.g. DSL connection, internet connection, and modem) that the 021HOST Premium Services Team Member requires in his or her discretion in order to perform the Premium Services. You may be required to provide access to your 021HOST products or services and you accept that some changes to your products or services may be required in order for the Premium Services to be performed. You must fully cooperate with the 021HOST Premium Services Team.

3.4.8. You may be asked to provide files, materials, and information (“Customer Materials”) for the setup of the 021HOST Premium Services. You shall submit all Customer Materials required in electronic file format by e-mail in a format acceptable to the 021HOST Premium Services Team Member (such as Word, jpeg, gif, etc.). Customer Materials must be of good quality and suitably sized for its intended use. Customer Materials must not be illegal or offensive in nature, and you must be the owner, or have the relevant permission from the copyright holder if using non-open source third party materials. You must retain a current back-up of any such Customer Materials. Any Customer Materials may be deleted by 021HOST after the Premium Service has been performed and will not be returned to you.

3.4.9. You may be required to choose passwords for the Premium Service to be performed. It is your responsibility to update passwords after the Premium Service has been completed.
3.4. Premium Services.

3.4.9. You may be required to choose passwords for the Premium Service to be performed. It is your responsibility to update passwords after the Premium Service has been completed.

4.2. The Fee is due in accordance with the terms of your contract, in advance of the provision of services, not later than the first of the month they are due. In the event that 021HOST determines that the services of a collection agency are necessary or appropriate to collect amounts due under this paragraph, which determination shall be made in 021HOST’s sole and unfettered discretion, any and all collection agency fees and other costs of collection shall be added to any amounts due under this provision.

4.3. All Fees must be paid in Euro in advance of the provision of services. 021HOST will charge the Fees (including without limitation the monthly Fee, Fees for Extended Term Packages, and Fees for Minimum Term Packages), and any additional fees to the Payment Account unless specifically provided otherwise. You also agree that 021HOST may automatically debit your Payment Account, without further authorization from you, for any renewal term, additional services, and any fees or expenses applicable to Your Services or Your Website, including but not limited to fees for excessive bandwidth use or other surcharges for services in excess of those included within Your Services or Your Web Site. If payment in full is not received by 021HOST from the provider of your Payment Account or its agents, you agree to pay all amounts due from you for Your Services upon demand by 021HOST.

4.4. 021HOST may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for Your Services. Any such promotions or modifications shall not effect your obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Promotional fees and special offers may not be combined.

4.5. To the extent Your Services are subject to the terms and conditions of 021HOST’s Money Back Guarantee (the "T&C Money Back Guarantee"), they are incorporated herein by reference.

4.6. 021HOST offers a service uptime guarantee for the 021HOST Services, which provides for a credit to You in the event the total availability of 021HOST hosted web pages falls below 99.99% ("Uptime"). If You can demonstrate to 021HOST’s satisfaction, in 021HOST’s sole discretion, that 021HOST has failed to maintain the Uptime, You may contact 021HOST and request a credit for that month proportional to the amount of downtime, to be put towards the purchase of future 021HOST Services. Credits cannot be redeemed for cash, and are exclusive of any applicable taxes. The credit does not apply to service interruptions caused by (i) periodic scheduled maintenance or repairs undertaken by 021HOST from time to time; (ii) downtime caused by You; (iii) outages that do not limit browser access to Your web site (for example, interruptions to your ftp service or e-mail); (iv) suspension of Your account due to legal action taken or threatened against You or Your Services; (v) suspension of Your account due violations of the GT&C, as determined in 021HOST’s sole discretion, including but not limited to excessive use of system resources, non-payment or other billing issues, or identification by the abuse team as fraudulent or otherwise in violation of the GT&C; or (vi) causes beyond the control of 021HOST or that are not reasonably foreseeable by 021HOST.

4.7. You shall pay all costs of collection, including reasonable attorney's fees and costs, in the event any invoice requires collection efforts. All accounts referred to a collection agency shall be subject to an additional fee of 18.95 Euro, which must be paid in full before the account is reactivated.

4.8. International Customers bear the risk of currency fluctuations and any fees or taxes associated with the conversation of foreign currencies into Euro. Certain 021HOST Services will not be available to International Customers until 021HOST is able to receive satisfactory confirmation from such customer's Payment Account provider, in 021HOST’s sole discretion, that the funds will be available for debit from the International Customer's account. Orders from International Customers will not be accepted unless the country provided in the contact information matches that on file for the Payment Account.

4.9. Upon cancellation of this Agreement you will receive a prorated refund of any pre-paid, refundable fees for the remainder of any term. Fees for certain services, including but not limited to domain name registration and maintenance, set up fees, shipping and handling, SSL certificate fees, Website Creator Plus, Website Builder Plus, in2site Live Dialog Plus, DynamicSiteCreator Plus, Additional Virus Scanner, Exchange accounts and fees for the Extended Term Packages, are not refundable except as may be provided otherwise herein or unless provided otherwise by applicable local law. 021HOST may, in its sole discretion, refund other amounts as it deems necessary or advisable.
5. NO EXPRESS OR IMPLIED AGREEMENT TO DISSEMINATE MATERIALS WHICH ARE INCONSISTENT WITH YOUR WARRANTIES.

Receipt by 021HOST of data for storage in Web Site Space and/or transmission via 021HOST’s Equipment which are inconsistent with your warranties set forth in Section 8 herein shall not constitute an agreement by 021HOST to allow the 021HOST Services or the 021HOST Equipment to be used to disseminate such information or data in whole or in part, by any means, or if once disseminated via the use of 021HOST’s Services or Equipment, to continue to disseminate such data.
6. NO WARRANTIES BY 021HOST.

THE 021HOST SERVICES AND 021HOST SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT THE USE OF THE 021HOST SERVICES IS AT YOUR SOLE RISK. 021HOST DOES NOT WARRANT THAT THE 021HOST SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES 021HOST MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE 021HOST SERVICES. NO WARRANTY IS MADE BY 021HOST REGARDING ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS AGREEMENT, AND 021HOST HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTIES AS TO THE AVAILABILITY, QUALITY, QUANTITY, OR CONTENT OF SERVICES OR GOODS PROVIDED TO YOU HEREUNDER, INCLUDING BUT NOT LIMITED TO YOUR SERVICES AND YOUR WEB SITE; AND (2) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 021HOST DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH THE 021HOST SERVICES WILL BE FREE OF VIRUSES, "WORMS", "TROJAN HORSES", OR OTHER HARMFUL COMPONENTS. YOU AGREE AND ACKNOWLEDGE THAT NO REPRESENTATIONS OF ANY KIND HAVE BEEN MADE TO YOU REGARDING THE POTENTIAL VOLUME OF PATRONAGE OF YOUR WEB SITE OR ANY OTHER PERSON'S OR ENTITY'S WEB SITE OR WEB PAGE.

7. 021HOST’s LIMITED LIABILITY.

YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT. IN NO CASE SHALL 021HOST, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OR OTHERWISE RELATING TO THE 021HOST SERVICES. SOME COUNTRIES, STATES OR AUSTRIA DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH COUNTRIES, STATES , 021HOST’s LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. EXCEPT AS EXPRESSLY SET FORTH IN ANY SEPARATE SOFTWARE LICENSE OR IN THIS AGREEMENT, 021HOST DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED OR OTHERWISE ACCESSED USING THE 021HOST SERVICES, AND 021HOST WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTIES. YOU HEREBY RELEASE 021HOST FROM ANY AND ALL OBLIGATIONS, LIABILITY AND CLAIMS IN EXCESS OF THESE LIABILITY LIMITATIONS. THE TOTAL LIABILITY OF 021HOST FOR BREACH OF WARRANTY ARISING OUT OF CONTRACT, NEGLIGENCE OR STRICT LIABILITY IN TORT, OR ANY OTHER CLAIM RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL SERVICE FEES PAID BY YOU TO 021HOST IN THE SIX MONTHS PRECEDING SUCH ALLEGED BREACH, BUT IN NO EVENT TO EXCEED 15,000 EURO.
8. YOUR ADDITIONAL OBLIGATIONS AND WARRANTIES.

8.1. You agree and warrant that the contact information you have provided to 021HOST is complete and accurate, and you further agree to notify 021HOST within fifteen days of a change to any such contact information. Contact information

Monday, August 3, 2020

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