Terms of use for virtual servers (called VPS) v1.0


1. Object of this contract

The following conditions of use for virtual root server (“vServer) apply in addition to the terms of use of emerion Webhosting GmbH and are a binding contract for the usage of vServers.

emerion provides storage to the customer on a specific, for the customer reserved, virtual server. Yet, the server hardware is not specifically adjusted to the customer. The granted server functions are controlled with the help of software. Customers may not claim their share of CPU and memory performance.

Requirement for using a vServer

Using a vServer requires knowledge of Linux and server administration. A vServer comes with administrative rights and requires in depth knowledge of the administration of server systems. As server administrator the customer is solely responsible to prevent unauthorized access and manipulation by third parties over the Internet. emerion cannot neither determine a server’s content nor who has administrative access. None of our vServer plans include external protection software. emerion suggests the customer installs and regularly updates a reliable protections software (e.g. a firewall, or an anti-virus protection). Poorly protected or completely unprotected “open” servers are an invitation for Hackers!

In case emerion notices the abuse of a server through a third party, (e.g. a hacker attack or sending of spam mails) emerion may remove the vServer from the network without prior warning. emerion will inform the customer of such an event.

Another requirement is a proficiency in English for parts of the documentation and resources are only available in English.

3. Server operation and responsibilities

3.1 emerion’s responsibilities

emerion is responsible for a basis configuration of servers and enables the integration into the network. emerion provides the interface for administering the software and is responsible for the maintenance of hardware and network connections.

3.2 Customer’s responsibilities

The customer will receive administrative rights and manages his own vServer. He is responsible for the installed operating systems, and software and obligated to keep them updated. Furthermore, it is his responsibility to be informed about the latest software updates and to invest his own financial and personal resources into the maintenance of software and operating system.

3.3 Backups

emerion backs up data from vServers as outlined in the product information on a separate disk-system. However, we do not guarantee any availability of stored data. Customers agree to run a Backup at the end of each day the data has been altered. Data on emerion servers cannot be stored there for purposes of a Backup. Moreover, the customer has to run a Backup before installing the provided hard or software and before proceeding with his work on the vServer. Customers also have to make sure that the software runs correctly and smoothly before they start to use them. This is also true for programs included in the vServer plan and that are part of the maintenance by emerion. We explicitly warn the customer that even slight software changes may impair the functionality of the whole system.

3.4 Server access and Passwords

Customers agree to keep passwords for vServer access and its services save and to inform emerion immediately if an unauthorized third party got hold of the login information. The customer is liable for any damages caused by a third party.

 

4. Availability

The availability of servers depends primarily on the proper operation and proper configuration of servers. emerion only has influence on the hardware and software control; the customer is responsible for the actual availability of a vServer. At irregular intervals emerion conducts necessary security updates on the base systems without prior notification; rebooting the hardware node is necessary for such updates, which also reboots vServers. During this time, the availability of the server is compromised.

The customer is required to configure their programs to reboot automatically in case of a reboot of hardware or operating systems.

 

5. Limitations

The customer agrees to abstain from providing and distributing copyright protected content. Operating so called P2P exchanges forums, download services, chat and game server, and streaming services is prohibited. It is moreover prohibited to provide links to P2P exchanges forums, download services, chat and game server, streaming services or their contents. emerion reserves the right to disconnect the vServer from the network and to cancel the contract with immediate effect in case of infringement.

6. Domain Administration

A vServer requires a domain name. The domain can be hosted externally and administered through the ControlPanel. It is also possible to administer a server domain in your ServerPanel or to use a sub domain of “myserver.at”

 

7. Duration and Cancellation

The duration of the contract is determined during the ordering process.

If the contract was concluded for a definite time period (including the minimum contract duration of some plans), it will renew automatically for the agreed upon time period, but never more than a year if the customer fails to cancel the contract within the 4 weeks prior to the renewal date. emerion may cancel contracts that have a duration of twelve months on a four weeks notice.

This is also true for contracts that have been renewed for a specific amount of time

Both parties may cancel a contract at the end of the month with a 30 days notice. A vServer needs to be cancelled in the ServerPanel.

8. Upgrades - and Downgrades

vServers can be upgraded to the next bigger plan in the ServerPanel. In case of an upgrade a pro rated charge for the smaller plan, excluding the setup fee, applies. It is not possible to downgrade to a smaller plan. An additional set up fee may apply when upgrading to a bigger plan.

 

9. Use of Resources

Resources are single services that are included in your plan. Changing basic resources requires a server upgrade. Some resources can be added independently from each other. A refund is not possible for added resources that are not used, or are used only partially. With the purchase of additional resources also the resource limits are increased, regardless of the current usage.

Exceeding the monthly traffic limit impairs the bandwidth of emerion’s vServers and thus affects the availability of the server. However, the customer may purchase additional traffic to avoid limiting affects on the bandwidth.

10. Support

1st level support is available for all vServers products, which includes the explanation of the administration of provided ControlPanels.

Additional support is charged hourly.

emerion will provide support free of charge only if it is proven that the customer needs support because of a deficiency on the part of emerion.

11. Service Level Agreement

Only the Service Level Agreement for vServers applies to vServers. It is explicitly stated that the customer is not entitled to the general SLA of emerion. The vServcer SLA can be found at http://www.emerion.com/policies/sla_vserver/

12. Abuse

12.1 Abuse through the customer

Abuse through customers occurs when they operate any services listed in article 5 of this agreement, send spam emails, provide illegal contents, or force unauthorized access to foreign systems, e.g. Denial of Service (DOS) attacks.

emerion reserves the right to disconnect the vServer from the network and cancel the contract with immediate effect without any prior warning in any of these cases.

12.2 Abuse through third parties

A abuse through third parties can occur when the customer fails to fulfill his responsibilities explained in article 2, and 3.3. of this agreement, or if the customer installs software containing security holes.

emerion reserves the right to disconnect the vServer from the network with immediate effect in case of a abuse through a third party (e.g. hacker attack, distribution of spam emails) to limit damage and will immediately inform the customer.

The customer is then responsible to run a Backup and to re-install the server and any security holes of applications have to be closed before emerion will plug the vServer back into the network.

emerion also reserves the right to immediately disconnect the vServer from the network if there are open mail-relays or other possibilities to distribute spam e-mails. This may happen without prior warning but emerion will inform the customer immediately of such an event.

If a customer suspects abuse through a third party, he or she is responsible to inform emerion immediately and to take necessary actions to avoid a possible abuse. emerion reserves the right to disconnect the customer’s vServer from the network if the support confirms the assumption of abuse through a third party and the customer is unwilling or incapable of setting appropriate measures to stop the abuse.


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