Version 3.0, applicable from 1 November 2006.
1.1. These Standard Hosting Terms apply to clients of Prussia.Net’s standard Internet Hosting services, and are in addition to our General Terms of Trade.
1.2. Please read this document carefully as it outlines your rights and obligations as a Prussia.Net Client. It is a condition of your use of our Services that you comply with these Terms.
2. The Service
2.1. The Provider will assign to the Client a username and password which will provide access to the Service. We will provide the Client with web, email and other Services as described in the Service package you have chosen and as defined in the description of that package. The Provider has no obligation to the Client to provide any services other than those specifically listed.
2.2. Scheduled Maintenance. The Provider must perform scheduled maintenance to our systems from time to time. We will attempt to perform all scheduled maintenance at times which will affect fewest Clients. If the maintenance procedures require the Service to be offline for more than 15 minutes, we will give notice at least 72 hours in advance via email and on the Prussia.Net website.
2.3. Unscheduled Maintenance. We may also need to perform maintenance at unscheduled times, due to equipment failure, operational error or any other reasonable cause. If the maintenance procedures require the Service to be offline for more than 15 minutes, we will post details of the event within 24 hours of the end of the procedure via email and on the Prussia.Net website.
2.4. Archiving and Backups. The Provider will archive the Client’s data onto our backup systems at regular intervals for the purposes of disaster recovery. In the event of equipment failure or data corruption, we will restore the data from the last known-good archive. In the event of corruption of all of our archives, or in the event that an old archive is used to restore data, you should be prepared to upload your data to your website. This process requires that you maintain a recent copy of your data at your premises at all times.
2.5. The Provider will publish any further operational and technical information via email and on the Prussia.Net website.
3.1. All set-up and hosting fees must be paid in advance. Hosting fees are inclusive of any government taxes and charges, including Goods and Services Tax, but do not include any registration or delegation charges imposed by domain name registration authorities.
3.2. The Client is responsible for the provision of and payment for the installation and use of telephone lines, Internet connections and all other equipment needed to access the Service, and all government taxes and charges, duties and levies imposed on either the Client or the Provider in connection with any other services or goods supplied.
4. Warranties and Liability
4.1. The Client will take all reasonable steps to ensure that any data uploaded onto or downloaded from the Provider’s computer systems does not contain any computer virus, worm, trojan horse or other malicious software, and will not, in any way, corrupt the data or systems of any person.
4.2. The Client accepts responsibility for all information and material published or transmitted via the Service, and indemnifies the Provider and holds us harmless against any liability in relation thereto. In particular the Client undertakes that you shall not publish or issue any information which is illegal. You also acknowledge that we do not vet or approve any information or material available through the Service and that we do not accept any liability. To the full extent permitted by law you access and use such information and material at your own risk.
5. Acceptable Use Policy
5.1. The Client agrees to abide by Prussia.Net’s Acceptable Use Policy and the acceptable use policy of any and all of our service proviuders.
5.2. The Client is solely responsible for dealing with persons who access the client data, and must not refer complaints or inquiries in relation to such data to the Provider.
6. Suspension of Service
6.1. The Provider may from time to time without notice suspend the Service or disconnect or deny access to the Service.
6.2. If the Service is suspended for any technical failure, modification or maintenance involved in the Service, the Provider will use reasonable endeavours to restore the Services as soon as reasonably practicable.
6.3. The Provider reserves the right to suspend the Service if the Client fails to comply with any agreement (including failure to pay charges due), or does, or allows to be done, anything which in the Provider’s opinion may have the affect of jeopardising the operation of the Service. The Provider may continue the suspension until the breach (if capable of remedy) is remedied.
6.4. Notwithstanding any suspension of any Service under this clause, the Client shall remain liable for all charges due throughout the period of suspension.
7. Termination of Service
7.1. The Provider may terminate this agreement and the provision of Service immediately and without prior notice if the Client breaches these Terms and Conditions.
7.2. The Provider or the Client may terminate this agreement by giving 30 days written notice to the other party.
7.3. Upon termination of the Service, any outstanding fees shall be payable immediately by the Client. The Client shall not be entitled to any refund of payments made in advance. In addition, the Client is responsible for paying any cancellation fee applying to their Service Package.
7.4. Upon termination of the Service, the Provider may delete all Client data from any storage media.
8.1. The Client grants to the Provider a license to use and reproduce all Client data in order to fulfil the Provider’s obligations under this agreement.