This agreement (hereinafter referred to as the “Agreement”) is an individual or legal person (hereinafter referred to as a customer) who has entered into a SafetoHost purchase contract with SafetoHost.com (hereinafter referred to as “SafetoHost”) to place a purchase contract (that is, to place an order online and complete payment, referred to as “purchase”) ).
This agreement governs customers’ use of SafetoHost’s hosting products and / or other related services.
In accordance with the terms of this agreement, SafetoHost agrees to provide customers with the hosting products and / or services selected from the currently published list of services (“Services”) and the descriptions within the order, at the fees listed in the order.
The service provided to the customer shall be in accordance with the order selection, and it will be officially opened during the interaction between the customer and SafetoHost.
This agreement takes effect on the day that SafetoHost sends an order confirmation email to the customer, announcing the activation of the customer’s account (the “Service Effective Date”), and will expire after the number of months specified in the order (the “Initial Term”).
However, the service will not be activated unless SafetoHost receives a complete order and full payment (the cost of the service and setup fee during the initial period).
SafetoHost reserves the right to reject any submitted order for any reason or for no reason without written acceptance or written acceptance.
When the initial period is about to expire, unless SafetoHost or the customer submits a written notice of cancellation and renewal to the other party in accordance with the renewal policy and cancellation policy, this agreement will automatically renew (the “renewal period”). The deadlines are the same and follow the initial deadline. The initial term and renewal term may be collectively referred to as the “term” in this agreement.
The cost of any service provided to the customer must be consistent with the price of SafetoHost.
The customer’s billing cycle should be consistent with the order, counting from the effective date of the service, which is monthly, quarterly, annually, every two years and every three years. SafetoHost may require payment for the first payment cycle before the service is activated. Renewal fees are payable within the first 13 days of each billing cycle.
If the order provides for credit / debit card payment, the customer authorizes SafetoHost to charge the customer’s credit / debit card for the relevant fee during the term of this agreement, before, on, or after the first day of each successive billing cycle. Otherwise SafetoHost will email the bill to the preferred contact address on the customer’s order.
Customers must pay in the currency listed on SafetoHost.com. It is the customer’s responsibility to provide SafetoHost in a timely manner when payment information changes (such as credit card expiration, billing address change).
The customer shall pay the bill in full after receiving the bill. If full payment is not made, SafetoHost may charge an overdue amount of at least 1.5% per month, up to a non-profit-making interest rate within applicable laws. In addition, SafetoHost may terminate this agreement and / or suspend the service without notice to the customer if the service is overdue.
Within 30 days of the due date, undisputed fees shall be deemed accurate. The client agrees to pay SafetoHost some reasonable recovery costs in the event of service suspension due to non-payment, and the costs incurred by SafetoHost in collecting overdue amounts, including collection agency fees, attorney fees and litigation fees.
If the exchange rate difference causes the actual payment amount to be inconsistent with the bill amount, the customer agrees that SafetoHost will handle the amount as determined by SafetoHost.
On the premise of fourteen days notice (not including price increase notices such as domain name registration / renewal / transfer), SafetoHost may modify its services and / or service fees. If the customer does not make a request for automatic renewal in accordance with the provisions of the second part above, it is deemed to have agreed to the price increase (unless the fee is incremented every renewal cycle).
At SafetoHost’s request, customers must pay VAT or other similar taxes on services provided regardless of whether SafetoHost has successfully received taxes after providing the service.
Since the customer agrees to pay for the entire initial and renewal period, the customer acknowledges the amount of the service fee. If SafetoHost terminates the agreement by the customer in violation of section IX (termination) of this agreement, or because SafetoHost violates the agreement but the customer does not terminate the agreement in accordance with section IX (termination), the customer shall within seven days after the termination of the agreement, Payments outstanding for each billing cycle during the initial payment period or subsequent renewal periods.
4. Legal / Acceptable Use Policy
The Customer agrees to use the Service in compliance with applicable laws and SafetoHost’s Acceptable Use Policy (ie “AUP”). The Acceptable Use Policy is hereby incorporated by reference.
The customer agrees that SafetoHost may modify the content of the Acceptable Use Policy at any time, add more detailed content, or describe reasonable restrictions and conditions for the use of the customer’s services, given its reasonable and industry-standard business considerations.
SafetoHost informs the customer in advance that if the Acceptable Use Policy is modified, it will take effect immediately after the modification. Otherwise, the new acceptable use policy will take effect on the first day of the first renewal period after the modification.
Customer agrees to cooperate with SafetoHost to participate in a reasonable investigation of alleged violations of the Acceptable Use Policy. If SafetoHost disagrees with the customer’s interpretation of the Acceptable Use Policy, the interpretation of SafetoHost’s business practices will prevail.
5. Customer Information
The customer represents and warrants that the information he / she / it has submitted to SafetoHost to be submitted for activation and maintenance is accurate.
If the customer is an individual, the customer must declare and warrant to SafetoHost that he / she is at least 18 years old. SafetoHost reserves the right to request proof of age (a valid passport or a driver’s license with a portrait) from the customer and verify its authenticity.
SafetoHost may follow the instructions of the primary contact of the relevant customer account on the order until the customer has notified in writing to change the primary contact.
If the customer or the person logging in using the customer information (whether or not they have been authorized by the customer) does (or is suspected of) violating applicable laws or acceptable use policies, the customer agrees to indemnify and waive SafetoHost, SafetoHost’s website alliance, officials, directors, Agents and employees’ compensation obligations and responsibilities, including claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, interest amounts, and legal liabilities for violations of applicable laws and acceptable use policies The various fees and expenses (including reasonable attorney fees) that are naturally incurred by third parties.
The customer agrees to use the services and any information obtained through SafetoHost or from SafetoHost at their own risk.
SafetoHost does not represent and warrant that the service will be uninterrupted, error-free, or absolutely secure. To the extent permitted by applicable law, SafetoHost makes no express or implied warranties, including merchantability guarantees, fitness for a particular purpose, and non-infringement. To the extent permitted by applicable law, all services are provided on an “as is” basis (that is, what the customer is currently seeing).
8. Limitation of damages
Either party is responsible for the losses of the other party. Including loss of profit, any indirect, special, incidental, punitive loss or damage that could have been avoided through reasonable, effort within the framework of the agreement (even if the other party has been informed or is aware of the possibility of the damage occurring).
Regardless of whether other terms in this agreement conflict with these terms, under any legal premise (including breach of contract, civil tort, strict liability and infringement), the maximum liability of SafetoHost and its employees, agents or website alliances is limited to paying customers up to Amount of service over three months.
9. Suspend / Terminate
In the following cases, the customer agrees that SafetoHost suspends customer service without notice and assumes no responsibility: (1) SafetoHost believes that the use of the customer service violates any terms and conditions or violates the acceptable use policy; (2) The customer does not participate in a reasonable investigation of its alleged violation of the acceptable use policy; (3) SafetoHost considers it necessary to suspend services to protect its network or other customers, or (4) at the request of law enforcement or regulatory agencies. If customer service is suspended due to the provisions of this paragraph, the customer must pay SafetoHost a reasonable recovery fee.
After giving written notice to the other party fourteen days in advance, this agreement may be terminated by either party and may be for no reason.
If SafetoHost does not actually provide services in accordance with the terms of this agreement, and no amendments are made within fourteen days after the customer’s written notice describing the details, the customer may terminate the service without notice before the initial or renewal period expires , And the customer is not responsible.
Under the following circumstances, SafetoHost can terminate this agreement before the expiration of the initial period or renewal period, and will not bear any responsibility:
1. The customer fails to pay the amount under this agreement (due to terminate without notice);
2. The customer objectively violates any other terms of this agreement (including the acceptable use policy) and has not stopped the violation within seven days after SafetoHost has notified the details in detail;
3. If the customer objectively violates section III of the acceptable use policy (Specially Prohibited);
4. If the customer ’s use of the service violates the terms in the Acceptable Use Policy twice or more (and then terminates without notice); or
5. If the customer violates section 5 of this agreement (the customer Information), which has not been corrected after one day of notification.
If one party declares bankruptcy, distributes the interests of creditors, applies for bankruptcy protection or other protection, fails to pay the accounts payable, designates a trustee or receiver to take over all or most of its assets, or all or most of its obligations An agreement has been reached on the extension / readjustment of this agreement, and the other party may terminate this agreement after ten days’ notice.
10. Request customer information
The customer agrees that SafetoHost takes the following measures without notice: (1) reporting to the relevant agency any behavior of the customer, customer’s customer, or end user that SafetoHost believes violates applicable laws, and (2) Formal or informal request, or in response to a formal request in a civil lawsuit (which ostensibly meets the requirements for a formal request), to provide information on the customers it owns, its customers, and its end users.
SafetoHost virtual host, remote backup performed in VPS is only used for disaster recovery when server data is irreversible.
If SafetoHost provides backup data of virtual host (within 24 hours) and VPS (within 30 days), the customer must pay the corresponding fee.
The independent server SafetoHost does not provide any backup. Customers should take corresponding backup measures by themselves. If the hard disk (system) is damaged, data loss is caused by force majeure and other factors. SafetoHost does not take any responsibility.
12.SafetoHost network changes
SafetoHost network upgrades and other changes, including but not limited to software, hardware, and service provider changes, may affect the display or operation of customer-hosted content and / or applications. SafetoHost reserves the right to change its network based on reasonable business considerations and is not responsible for any damage that may be caused to customers.
In accordance with this agreement, the customer shall send a notice to SafetoHost via the email address published at www.SafetoHost.com. SafetoHost should use the primary contact information included in the order to notify the customer via email. The notification shall be deemed to have been received by the other party. If the sending day is a non-working day, it is considered to have been received on the first working day after sending. The customer may notify SafetoHost to change his / her / its notification receiving address in accordance with this clause.
14. Force Majeure
In circumstances beyond SafetoHost’s control, SafetoHost will not assume any liability under the agreement if its obligations cannot be fulfilled. These situations include, but are not limited to, major local grid failures, major Internet failures, natural disasters, wars, riots, riots, epidemics, marches, or other organized strikes, situations where the industry generally does not take precautions, theft, sabotage, terrorist activity, Natural disasters or other major events.
15. Applicable law
This agreement is governed by Dutch law, and all claims related to this agreement are only accepted in Dutch courts in the Netherlands. The parties hereby agree to submit to the jurisdiction of these courts and waive jurisdiction over the place of action and defense of the venue. After the SafetoHost service is activated, the customer is deemed to agree to this agreement.
SafetoHost reserves the right to modify this agreement and the acceptable use policy, and customers are bound by the modified version. Customers are obliged to regularly visit SafetoHost’s website (www.SafetoHost.com) to review the Acceptable Use Policy and ensure full compliance with the stipulated provisions. If there is any inconsistency between this agreement and the Acceptable Use Policy, the relevant provisions in the Acceptable Use Policy shall prevail.
Terms related to customer orders or other business forms are not binding on SafetoHost unless they are explicitly incorporated into a formal written agreement and signed by both parties. A party’s failure or delay in implementing any of the terms of this agreement will not be considered as a waiver of its rights under that or other terms. If a party waives a right in the agreement, it does not mean that it waives all other rights, regardless of whether the right is related to the past, present, or future (regardless of similarity in nature).
The descriptive text in the agreement is not part of the agreement, only for the convenience of the parties. The following terms and conditions shall survive the termination or expiration of the agreement: fees, liability, limitation of liability and disclaimer clauses, intellectual property related clauses, miscellaneous terms, and other terms intended to survive the termination of the agreement.
There are no third party beneficiaries to this agreement. The customer may not transfer the agreement without the written consent of SafetoHost. The trustee can only obtain SafetoHost’s transfer approval if it meets the credit approval conditions of SafetoHost. SafetoHost may transfer this agreement in whole or in part.
This agreement, together with the order and acceptable use policy, constitutes a complete and exclusive agreement with the parties involved in this subject matter, and can replace any previous written or oral consensus and communication.
After the SafetoHost service is activated, the customer is deemed to agree to this agreement.