General Terms and Conditions
In these General Terms and Conditions, terms are used as follows, unless explicitly stated differently.
The Company: The provider of the Terms and Conditions
The Client: The party in the Agreement other than the Company
Agreement: The agreement for service
General
1.1 These General Terms apply to our offers, jobs, and deliveries and to all agreements made by us or made in our name, or acts done by us or done in our name. The following conditions also apply to all agreements with the Company which involve a third party.
1.2 Deviations of these conditions are binding when they are explicitly agreed upon in writing. All other terms still apply.
1.3 The Company will exclusively use the data given by the client in the execution of the job.
1.4 All our offers and prices are nonbinding, unless agreed upon differently in writing.
1.5 We have the right to refuse a task which is not in accord with existing laws and rules. In this case, the Client agrees that it will not hold the Company liable for the claims of third parties and relinquishes any claim for compensation for damages.
1.6 Unless explicitly agreed upon that the accepted job is to be billed according to a specific cost agreed upon in advance, billing will be based on actual work done after completion.
Offers and Proposals
2.1 All proposals are nonbinding, unless the proposal explicitly states that it is a binding agreement in writing in advance.
2.2 A proposal made by the Company is nonbinding and in effect for 30 days, unless differently stated. The Company is bound to the proposal only if the client confirms agreement within 30 days, unless stated differently.
Execution of the Job
3.1 The agreement between the Company and the Client is for an unspecified time period, unless the specific instance requires otherwise or parties have agreed otherwise and in writing.
3.2 When a time period has been agreed upon for the completion of certain activities, the Company will not be liable for the failure to complete within the time period in the case of an Act of God. In this case, the Client agrees to declare in writing that the Company has failed to complete within the agreed upon period after said time period.
3.3 The Company will execute the Agreement to the best of its abilities and according to the demands of good craftsmanship, based on the data available.
3.4 The Company is allowed, at its discretion, to involve third parties for the work to be done for the Client. Third party costs incurred will bill to the Client.
3.5 The Client will provide all data, which the Client thinks necessary, or which the Client could reasonably be expected to know would be necessary, for the execution of the Agreement, in a timely manner to the Company.
3.6 The Company does its utmost to finish its work within the terms extended in our proposals and agreements. However, if the Company does not reasonably succeed, the Client is not entitled to damages nor can the Client dissolve the Agreement, in whole or in part, unless explicitly agreed upon differently in writing.
Changes of the Agreement
4.1 If during the progress of the job, it appears necessary for a sufficient performance of the Agreement to change or to add to the job specifications, parties will in a timely manner and after mutual consultation adjust the Agreement accordingly.
4.2 The parties agree that changing or adding to the Agreement may effect the time of completion of the project. The Company will inform the Client of any anticipated change in the time of completion as soon as possible.
4.3 If a fixed fee has been agreed upon, the Company will indicate at the same time to what extent changing or adding to the Agreement will result in additional fees.
Liability
5.1 The Company performs its activities for the benefit of the Client to the best of its abilities. In order to prevent and limit as much as possible any power disturbances or damages to the Client resulting from defects in the devices used by the Company, the Company, in the best interest of the Client, will take reasonable precautions.
5.2 The Company is not liable to the Client or any party for damages resulting from or in connection with services given by the Company or its third parties, involved by the Company, unless the claimed damage can be attributed to gross negligence.
5.3 If and in so far as legally may be established that the Company is liable towards the Client on any grounds, any alleged liability is at all times limited to the amount that is paid out to the Company by its insurers and/or suppliers. If no payments issue from them, the Company’s liability is limited to the amount billed by the Company, and by third parties involved by the Company, for the services rendered in connection with the liability.
5.4 The Client agrees to hold the Company free from claims from third parties of liability of any kind and for any reason.
Acts of God
6.1 Parties are released from fulfilling any obligation when they are hindered in so doing because of a circumstance not attributable to a fault, and which they cannot be held liable for according to the law, legal processes or general views.
6.2 In these General Terms, an Act of God is understood to be, besides what is understood in the law and case laws, all causes arising from outside, foreseen or not foreseen, upon which the Company has no influence, but which are the reasons the Company cannot fulfill its obligations.
Billing and Payment
7.1 The fee and possible expense estimates exclude Added Value Tax, unless stated otherwise.
7.2 The Client’s payment is due and payable within 8 days of the billing date.
7.3 If the Client fails to fulfill his or her obligations, the Company is entitled, without filing a legal claim, to suspend or dissolve the Agreement, in whole or in part, at its discretion, without the Client being entitled to damages or any guarantee. The Client is liable to pay the Company damages, i.e., loss of revenue.
7.4 Until the Client’s bill is paid, the Company is entitled to demand from the Client a security (in the form of a bank guarantee, or other), as guarantee for fulfilling his or her obligations.
7.5 If the Client does not comply with the Company’s first request, the Company is entitled to suspend delivery of services and/or to dissolve the Agreement without resorting to legal means, and without losing its right to compliance and damages.
Complaints
8.1 The Client will notify the Company in writing in case of any complaint about the services rendered within 8 days of discovery, but at the most within 14 days after completion of the work performed. The Client will describe in detail the deficiencies, so the Company can respond adequately.
8.2 If Client’s complaint has merit, the Company shall perform the work as agreed, unless in the meantime Company’s addressing the complaint cannot rectify the situation for the Client. The Client will inform the Company in writing if this is the case.
Intellectual Ownership and Copyrights
9.1 Notwithstanding what is established in these Terms and Conditions, the Company reserves all rights it is entitled to, based on copyright law.
9.2 All pieces, provided by the Company, such as reports, advice, agreements, designs, sketches, drawings, software, source code, etc., are exclusively meant for use by the Client and shall not be multiplied, published or brought to the attention of third parties, unless the nature of the provided items requires otherwise.
Secrecy
10.1 Parties agree to abstain from giving out any declarations, or giving information to third parties in any way about the method used or the data given, during both the pre-agreement or post-agreement states.
10.2 Parties agree to respect all copyrights or license rights held by the Client or the Company, or held by Client’s or the Company’s suppliers or third parties, and all related rights in the broadest sense.
Applicable Law and Disputes
11.1 The parties agree that applicable law of The Netherlands shall govern the Agreement and the resolution of any dispute that may arise between the Company and the Client.
11.2 Any dispute that may arise between the Client and the Company, either before, because of, during or after the time of the Agreement, will be settled by the application of the law of The Netherlands by an authorized judge within the district of Groningen.
Changes to General Terms and Conditions
12.1 The version of General Terms and Conditions that is applicable at any given time is the version as found on the Company’s website: http://www.publish-pro.com/terms
In these General Terms and Conditions, terms are used as follows, unless explicitly stated differently.
The Company: The provider of the Terms and Conditions
The Client: The party in the Agreement other than the Company
Agreement: The agreement for service
General
1.1 These General Terms apply to our offers, jobs, and deliveries and to all agreements made by us or made in our name, or acts done by us or done in our name. The following conditions also apply to all agreements with the Company which involve a third party.
1.2 Deviations of these conditions are binding when they are explicitly agreed upon in writing. All other terms still apply.
1.3 The Company will exclusively use the data given by the client in the execution of the job.
1.4 All our offers and prices are nonbinding, unless agreed upon differently in writing.
1.5 We have the right to refuse a task which is not in accord with existing laws and rules. In this case, the Client agrees that it will not hold the Company liable for the claims of third parties and relinquishes any claim for compensation for damages.
1.6 Unless explicitly agreed upon that the accepted job is to be billed according to a specific cost agreed upon in advance, billing will be based on actual work done after completion.
Offers and Proposals
2.1 All proposals are nonbinding, unless the proposal explicitly states that it is a binding agreement in writing in advance.
2.2 A proposal made by the Company is nonbinding and in effect for 30 days, unless differently stated. The Company is bound to the proposal only if the client confirms agreement within 30 days, unless stated differently.
Execution of the Job
3.1 The agreement between the Company and the Client is for an unspecified time period, unless the specific instance requires otherwise or parties have agreed otherwise and in writing.
3.2 When a time period has been agreed upon for the completion of certain activities, the Company will not be liable for the failure to complete within the time period in the case of an Act of God. In this case, the Client agrees to declare in writing that the Company has failed to complete within the agreed upon period after said time period.
3.3 The Company will execute the Agreement to the best of its abilities and according to the demands of good craftsmanship, based on the data available.
3.4 The Company is allowed, at its discretion, to involve third parties for the work to be done for the Client. Third party costs incurred will bill to the Client.
3.5 The Client will provide all data, which the Client thinks necessary, or which the Client could reasonably be expected to know would be necessary, for the execution of the Agreement, in a timely manner to the Company.
3.6 The Company does its utmost to finish its work within the terms extended in our proposals and agreements. However, if the Company does not reasonably succeed, the Client is not entitled to damages nor can the Client dissolve the Agreement, in whole or in part, unless explicitly agreed upon differently in writing.
Changes of the Agreement
4.1 If during the progress of the job, it appears necessary for a sufficient performance of the Agreement to change or to add to the job specifications, parties will in a timely manner and after mutual consultation adjust the Agreement accordingly.
4.2 The parties agree that changing or adding to the Agreement may effect the time of completion of the project. The Company will inform the Client of any anticipated change in the time of completion as soon as possible.
4.3 If a fixed fee has been agreed upon, the Company will indicate at the same time to what extent changing or adding to the Agreement will result in additional fees.
Liability
5.1 The Company performs its activities for the benefit of the Client to the best of its abilities. In order to prevent and limit as much as possible any power disturbances or damages to the Client resulting from defects in the devices used by the Company, the Company, in the best interest of the Client, will take reasonable precautions.
5.2 The Company is not liable to the Client or any party for damages resulting from or in connection with services given by the Company or its third parties, involved by the Company, unless the claimed damage can be attributed to gross negligence.
5.3 If and in so far as legally may be established that the Company is liable towards the Client on any grounds, any alleged liability is at all times limited to the amount that is paid out to the Company by its insurers and/or suppliers. If no payments issue from them, the Company’s liability is limited to the amount billed by the Company, and by third parties involved by the Company, for the services rendered in connection with the liability.
5.4 The Client agrees to hold the Company free from claims from third parties of liability of any kind and for any reason.
Acts of God
6.1 Parties are released from fulfilling any obligation when they are hindered in so doing because of a circumstance not attributable to a fault, and which they cannot be held liable for according to the law, legal processes or general views.
6.2 In these General Terms, an Act of God is understood to be, besides what is understood in the law and case laws, all causes arising from outside, foreseen or not foreseen, upon which the Company has no influence, but which are the reasons the Company cannot fulfill its obligations.
Billing and Payment
7.1 The fee and possible expense estimates exclude Added Value Tax, unless stated otherwise.
7.2 The Client’s payment is due and payable within 8 days of the billing date.
7.3 If the Client fails to fulfill his or her obligations, the Company is entitled, without filing a legal claim, to suspend or dissolve the Agreement, in whole or in part, at its discretion, without the Client being entitled to damages or any guarantee. The Client is liable to pay the Company damages, i.e., loss of revenue.
7.4 Until the Client’s bill is paid, the Company is entitled to demand from the Client a security (in the form of a bank guarantee, or other), as guarantee for fulfilling his or her obligations.
7.5 If the Client does not comply with the Company’s first request, the Company is entitled to suspend delivery of services and/or to dissolve the Agreement without resorting to legal means, and without losing its right to compliance and damages.
Complaints
8.1 The Client will notify the Company in writing in case of any complaint about the services rendered within 8 days of discovery, but at the most within 14 days after completion of the work performed. The Client will describe in detail the deficiencies, so the Company can respond adequately.
8.2 If Client’s complaint has merit, the Company shall perform the work as agreed, unless in the meantime Company’s addressing the complaint cannot rectify the situation for the Client. The Client will inform the Company in writing if this is the case.
Intellectual Ownership and Copyrights
9.1 Notwithstanding what is established in these Terms and Conditions, the Company reserves all rights it is entitled to, based on copyright law.
9.2 All pieces, provided by the Company, such as reports, advice, agreements, designs, sketches, drawings, software, source code, etc., are exclusively meant for use by the Client and shall not be multiplied, published or brought to the attention of third parties, unless the nature of the provided items requires otherwise.
Secrecy
10.1 Parties agree to abstain from giving out any declarations, or giving information to third parties in any way about the method used or the data given, during both the pre-agreement or post-agreement states.
10.2 Parties agree to respect all copyrights or license rights held by the Client or the Company, or held by Client’s or the Company’s suppliers or third parties, and all related rights in the broadest sense.
Applicable Law and Disputes
11.1 The parties agree that applicable law of The Netherlands shall govern the Agreement and the resolution of any dispute that may arise between the Company and the Client.
11.2 Any dispute that may arise between the Client and the Company, either before, because of, during or after the time of the Agreement, will be settled by the application of the law of The Netherlands by an authorized judge within the district of Groningen.
Changes to General Terms and Conditions
12.1 The version of General Terms and Conditions that is applicable at any given time is the version as found on the Company’s website: http://www.publish-pro.com/terms
General terms: Webhosting
Article 1. Definitions
In these General Terms and Conditions, terms are used as follows.
1.1 The Company: Publish-Pro Webhosting (PPW), part of Publish-Pro (PP), situated at Delfzijl, The Netherlands.
1.2 The Client: The natural person or legal person with whom PP has made an Agreement.
1.3 Agreement: The Agreement between the Company and the client for service.
1.4 Service: The service to be given by the Company to the Client, based on the Agreement. In every Agreement, Service means delivering of webhosting and may include other services as per a particular Agreement.
1.5 Login codes: The username and password given to the Client by the Company, which give the Client access to the Service provided.
1.6 Hosting package: All hosting services as agreed upon in a particular Agreement, sold together as a product.
1.7 Account: The unique username of the Client to be used for access to specific hosting services.
1.8 Domain name: The unique name, with which a website or other Internet related service can be indicated, consisting of a unique name, chosen by the Client within given possibilities, followed by the indication of a country, area or category, or other unique domain, followed by a period.
Article 2. General
2.1 These General Terms apply to all offers and agreements between PPW and the Client.
2.2 General terms of Client and/or third parties are not binding and not applicable for PPW.
Article 3. Agreement
3.1 The Agreement is made when a hosting package is requested through the website of the Company. Agreements can by made orally, in writing, or by email.
3.2 Rates of packages are as stated on the website of the Company, with the exclusion of print and typing mistakes.
3.3 The Company is not liable to the Client or third parties for any refund due to price adjustments.
3.4 The Agreement is for one year, unless stated otherwise.
3.5 The Company and the Client agree that the Agreement for Service automatically renews for the next year term, unless the Client has given notice of termination at least one month prior to the end of the Agreement period. The Client may request Service for a partial term at the renewal date.
3.6 The Company is entitled to suspend or terminate the Agreement, after the Company has given the Client notice that he/she is in default on the Agreement, if the Client fails to fulfill his/her obligations of the Agreement within a reasonable time.
3.7 The Company is entitled to break the Agreement immediately and without notice, if:
• the client distributes files unlawfully;
• the client makes pornographic materials available to others; or
• the client makes available any other kind of material that does not meet general norms and values.
Article 4. Liability
4.1 The Company is not liable for the contents the Client has placed on his/her websites. This includes, but is not limited to the following: • Illegal material, including work protected by copyrights; commercial audio, video or music files for which no permission is obtained or copyrights are paid; and any material in conflict with international law.
• Adult material, including pornography, erotic photos and pictures, or other obscene or illicit sexual material. The definitions as intended here are determined solely by the Company.
• Warez, etc., including pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing, etc., and the encryption of the above.
4.2 The Company is entitled to remove from its webhosting without notice any users who violate Article 4.1 and to terminate the Agreement immediately.
4.3 The Company is not liable for the activities of the Client on his/her websites, including but not limited to the following: the possession of an unlawful deeplink (hotlinking) to a webpage; spamming; the distribution of, or the providing of other types of access to, child pornography or computer viruses; infringement of intellectual property rights; databank rights; the infringement of privacy rights.
4.4 The Company is entitled to remove from its webhosting without notice any users who violate Article 4.3 and to terminate the Agreement immediately.
4.5 The Company is not liable for any possible damages caused by the removing of the Client’s account from the system for the reasons named under Articles 4.1 and 4.3.
4.6 The Company is not liable for any possible damages arising from a problem with the servers, including but not limited to the following: the crashing of the system; problems due to unlawful access (hacking); and all other possible problems which can cause downtime.
Article 5. Acts of God
5.1 The Company is not liable for a failure to fulfill its obligations in the case of an act of God, including but not limited to the following: shortcomings of a provider; criminal attacks or attacks of war or terror; fire; water damage; frost; flooding; earthquakes; government regulations; defects in devices; power failures.
Article 6. Payment
6.1 Prices of packages and services are given in Euros.
6.2 The Client’s payment is due and payable to the Company within 14 days after receiving the login codes for his/her account. If this is not satisfied, the Client’s account will be deactivated for seven days, in which the Client still may make the payment to the Company. If after the seven days the amount due is still not paid, the Client’s account will be removed from the system.
Article 7. Right to Revoke
7.1 The Client, if he/she is a consumer under the law of the Netherlands, has the right to revoke the webhosting order within eight calendar days, if the order is made through the website, mail, telephone or fax.
7.2 The Client, if he/she is a consumer, may exercise his/her right to revoke by notice in writing via mail.
7.3 After revoking, the Client will be refunded amounts paid after subtracting costs made for the registration of domains, at the rate of €20 per domain (Added Value Tax included). After revoking, the Client relinquishes any claim on the domains.
Article 8. Secrecy
8.1 The Company agrees to keep all data of the Client confidential.
8.2 The Company reserves the right to provide Client’s data in the case of a legal investigation of Client.
8.3 The Client agrees to keep information he/she gets from the Company confidential including but not limited to login codes and price agreements.
Article 9. System Sources and Data Traffic
9.1 The Company is entitled to remove the Client from the webhosting if the Client uses more system sources than the average usage per client. The Company will provide electronic email notice to the Client first, after which the Client may eliminate the process that exceeds customary system sources use. If the Client complies, the Company will not remove the Client from the webhosting.
9.2 If the Client uses more data traffic than ordered with his/her package, the Company will bill the extra costs calculated from actual use at the rate of €2.50 per gigabyte. Excess used data traffic will be rounded up to 100 megabytes.
Article 10. Limitations and Unlawful usage
10.1 The Company has limits for the use of webspace, varying per package. The Company strictly monitors webspace use. If the Client exceeds his/her limits, then the Company reserves the right to remove the excess in the form of saved data. The Company will provide electronic email notice to the Client first, after which the Client may eliminate saved data that exceeds customary use. If the Client complies, the Company will not remove excess saved data.
10.2 The Client agrees to not try to use the system for illegal activities including but not limited to the following: hacking of other users; sending of bulk email (spamming); and the saving of files and other activities noted in Articles 4.1 and 4.3. If in the Company’s determination the Client violates these terms, Company reserves the right to remove this Client without notice, as well as terminate the agreement at once.
10.3 The Client is liable for damages that may result to the Company as a consequence of the Client’s acting, or neglecting to act, in any way contrary to any obligation arising from these General Terms.
10.4 The Company is not liable as a result of the data saved by the Client.
10.5 The Company has the right to block and/or limit temporarily Client’s access to the PPW, if the Client either does not, not adequately or not entirely, fulfill an obligation towards the Company, or acts contrary to the General Terms.
Article 11. Applicable Law
11.1 The parties agree that applicable law of The Netherlands shall govern the Agreement and the resolution of any dispute that may arise between the Company and the Client.
11.2 Any dispute that may arise between the Client and the Company, either before, because of, during or after the time of the Agreement, will be settled by the application of the law of The Netherlands by an authorized judge within the district of Groningen.
Article 12. Changes of Terms
These General Terms may be changed by the Company at any time. The Client agrees to check the General Terms regularly for changes. The Company agrees to post a message to the main page of PP when the General Terms have been changed.
Article 1. Definitions
In these General Terms and Conditions, terms are used as follows.
1.1 The Company: Publish-Pro Webhosting (PPW), part of Publish-Pro (PP), situated at Delfzijl, The Netherlands.
1.2 The Client: The natural person or legal person with whom PP has made an Agreement.
1.3 Agreement: The Agreement between the Company and the client for service.
1.4 Service: The service to be given by the Company to the Client, based on the Agreement. In every Agreement, Service means delivering of webhosting and may include other services as per a particular Agreement.
1.5 Login codes: The username and password given to the Client by the Company, which give the Client access to the Service provided.
1.6 Hosting package: All hosting services as agreed upon in a particular Agreement, sold together as a product.
1.7 Account: The unique username of the Client to be used for access to specific hosting services.
1.8 Domain name: The unique name, with which a website or other Internet related service can be indicated, consisting of a unique name, chosen by the Client within given possibilities, followed by the indication of a country, area or category, or other unique domain, followed by a period.
Article 2. General
2.1 These General Terms apply to all offers and agreements between PPW and the Client.
2.2 General terms of Client and/or third parties are not binding and not applicable for PPW.
Article 3. Agreement
3.1 The Agreement is made when a hosting package is requested through the website of the Company. Agreements can by made orally, in writing, or by email.
3.2 Rates of packages are as stated on the website of the Company, with the exclusion of print and typing mistakes.
3.3 The Company is not liable to the Client or third parties for any refund due to price adjustments.
3.4 The Agreement is for one year, unless stated otherwise.
3.5 The Company and the Client agree that the Agreement for Service automatically renews for the next year term, unless the Client has given notice of termination at least one month prior to the end of the Agreement period. The Client may request Service for a partial term at the renewal date.
3.6 The Company is entitled to suspend or terminate the Agreement, after the Company has given the Client notice that he/she is in default on the Agreement, if the Client fails to fulfill his/her obligations of the Agreement within a reasonable time.
3.7 The Company is entitled to break the Agreement immediately and without notice, if:
• the client distributes files unlawfully;
• the client makes pornographic materials available to others; or
• the client makes available any other kind of material that does not meet general norms and values.
Article 4. Liability
4.1 The Company is not liable for the contents the Client has placed on his/her websites. This includes, but is not limited to the following: • Illegal material, including work protected by copyrights; commercial audio, video or music files for which no permission is obtained or copyrights are paid; and any material in conflict with international law.
• Adult material, including pornography, erotic photos and pictures, or other obscene or illicit sexual material. The definitions as intended here are determined solely by the Company.
• Warez, etc., including pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing, etc., and the encryption of the above.
4.2 The Company is entitled to remove from its webhosting without notice any users who violate Article 4.1 and to terminate the Agreement immediately.
4.3 The Company is not liable for the activities of the Client on his/her websites, including but not limited to the following: the possession of an unlawful deeplink (hotlinking) to a webpage; spamming; the distribution of, or the providing of other types of access to, child pornography or computer viruses; infringement of intellectual property rights; databank rights; the infringement of privacy rights.
4.4 The Company is entitled to remove from its webhosting without notice any users who violate Article 4.3 and to terminate the Agreement immediately.
4.5 The Company is not liable for any possible damages caused by the removing of the Client’s account from the system for the reasons named under Articles 4.1 and 4.3.
4.6 The Company is not liable for any possible damages arising from a problem with the servers, including but not limited to the following: the crashing of the system; problems due to unlawful access (hacking); and all other possible problems which can cause downtime.
Article 5. Acts of God
5.1 The Company is not liable for a failure to fulfill its obligations in the case of an act of God, including but not limited to the following: shortcomings of a provider; criminal attacks or attacks of war or terror; fire; water damage; frost; flooding; earthquakes; government regulations; defects in devices; power failures.
Article 6. Payment
6.1 Prices of packages and services are given in Euros.
6.2 The Client’s payment is due and payable to the Company within 14 days after receiving the login codes for his/her account. If this is not satisfied, the Client’s account will be deactivated for seven days, in which the Client still may make the payment to the Company. If after the seven days the amount due is still not paid, the Client’s account will be removed from the system.
Article 7. Right to Revoke
7.1 The Client, if he/she is a consumer under the law of the Netherlands, has the right to revoke the webhosting order within eight calendar days, if the order is made through the website, mail, telephone or fax.
7.2 The Client, if he/she is a consumer, may exercise his/her right to revoke by notice in writing via mail.
7.3 After revoking, the Client will be refunded amounts paid after subtracting costs made for the registration of domains, at the rate of €20 per domain (Added Value Tax included). After revoking, the Client relinquishes any claim on the domains.
Article 8. Secrecy
8.1 The Company agrees to keep all data of the Client confidential.
8.2 The Company reserves the right to provide Client’s data in the case of a legal investigation of Client.
8.3 The Client agrees to keep information he/she gets from the Company confidential including but not limited to login codes and price agreements.
Article 9. System Sources and Data Traffic
9.1 The Company is entitled to remove the Client from the webhosting if the Client uses more system sources than the average usage per client. The Company will provide electronic email notice to the Client first, after which the Client may eliminate the process that exceeds customary system sources use. If the Client complies, the Company will not remove the Client from the webhosting.
9.2 If the Client uses more data traffic than ordered with his/her package, the Company will bill the extra costs calculated from actual use at the rate of €2.50 per gigabyte. Excess used data traffic will be rounded up to 100 megabytes.
Article 10. Limitations and Unlawful usage
10.1 The Company has limits for the use of webspace, varying per package. The Company strictly monitors webspace use. If the Client exceeds his/her limits, then the Company reserves the right to remove the excess in the form of saved data. The Company will provide electronic email notice to the Client first, after which the Client may eliminate saved data that exceeds customary use. If the Client complies, the Company will not remove excess saved data.
10.2 The Client agrees to not try to use the system for illegal activities including but not limited to the following: hacking of other users; sending of bulk email (spamming); and the saving of files and other activities noted in Articles 4.1 and 4.3. If in the Company’s determination the Client violates these terms, Company reserves the right to remove this Client without notice, as well as terminate the agreement at once.
10.3 The Client is liable for damages that may result to the Company as a consequence of the Client’s acting, or neglecting to act, in any way contrary to any obligation arising from these General Terms.
10.4 The Company is not liable as a result of the data saved by the Client.
10.5 The Company has the right to block and/or limit temporarily Client’s access to the PPW, if the Client either does not, not adequately or not entirely, fulfill an obligation towards the Company, or acts contrary to the General Terms.
Article 11. Applicable Law
11.1 The parties agree that applicable law of The Netherlands shall govern the Agreement and the resolution of any dispute that may arise between the Company and the Client.
11.2 Any dispute that may arise between the Client and the Company, either before, because of, during or after the time of the Agreement, will be settled by the application of the law of The Netherlands by an authorized judge within the district of Groningen.
Article 12. Changes of Terms
These General Terms may be changed by the Company at any time. The Client agrees to check the General Terms regularly for changes. The Company agrees to post a message to the main page of PP when the General Terms have been changed.