Nordgard Web.tjenester (org.nr.983021395) herby refered to as The "Company", agrees to furnish services to the Client/Subscriber, subject to the following TOS (Terms of Service). Use of Company's Service constitutes acceptance and agreement to Company's TOS (Terms of Service). All provisions of this contract are subject to the TOS (Terms of Service) of Company. Indemnification Policy You agree to use all Company's services and facilities at your own risk. The Company specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Company be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. The Company shall in no way be held responsible for clients losses, costs or claims due to situations related to The Companys uncontrollable situatuations in services delivered by third party companies or organizations (Force Majeure). Customer agrees that it shall defend, indemnify, save and hold Company harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Company, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Company against liabilities arising out of: Any injury to person or property caused by any products sold or otherwise distributed in connection with Company's servers; Any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; Copyright infringement; Any defective products sold to Customer from Company's servers; The Company shall be the sole judge of what violates this Policy. SPAM Policy The Company is committed to a zero-tolerance, Anti-Spamming policy. Under this policy, Company prohibit Spam, or any unsolicited commercial email, from being sent either: Over Company's network, by Customers or any other users of Company's network (including Customers' customers); AND/OR over ANY network, if the message(s) sent advertises or mentions a site hosted on Company's servers. The Company react very quickly and seriously to violations, and further reserve the right to terminate the services, without prior notice, of any Customer disregarding this policy. Sending unsolicited commercial email (also known as "Spam"), cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to Company's email address(es) or web site URL(s) is prohibited. The use of Company's servers as a mail drop for responses to activities described above is also prohibited. Accounts cancelled due to spam are subject to a "clean up" fee of $500 with no refunds given. Content Policy All services provided by Company may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material(s) in violation of any Norwegian and/or Dutch law, and/or United States State or City law is prohibited. This includes, but is not limited to: copyrighted material(s), trademark, intellectual property, material(s) Company judge to be threatening or obscene, or material(s) protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless Company from any claims resulting from the use of the service which damages the subscriber or any other party. Illegal pornography and sex-related merchandising is prohibited on all Company's servers. This includes sites that may infer illegal sexual content, or links to illegal adult content elsewhere. Company will be the sole arbiter in determining violations of this provision. Also prohibited are sites that promote any illegal activity or present content that may be damaging to Company's servers or any other server on the internet. Links to such material(s) are also prohibited. Examples of unacceptable content or links: Pirated software; Hacker programs or archives; Warez sites; Illegal Adult sites; MP3 Sites; Financial scam (pyramid schemes, ponzi schemes, chain letters, fake financial institutions, etc.). The Company does not host sites of its competitors or web pages promoting sites of its competitors with exception for resellers using reseller's services provided by Company. Any illegal activity, including illegal adult content, links to illegal adult content web sites, spamming or hacking will result in your site being shut down and all your files deleted without warning. The same is also applicable for all resellers and any other Sub Accounts hosted under these Reseller Accounts. Company will be the sole arbiter as to what constitutes a violation of this provision. CGI Scripts Policy Each Account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however Company reserve the right to disable any CGI script that effects normal server operation, security or service to other Company's Customers. You will be notified with in 24 hours about offending cgi script. The Company is not responsible for scripts that you use in your hosting. It is not our responsibility to ensure your scripts function and security. Please don't expect our support techs to troubleshoot aspects of your scripts or third party scripts that you use on your sites hosted on our servers. Chat Policy The Company does not allow chat rooms if that effects normal server operation or service to other Company's Customers. CGI Proxy Policy The Company does not allow CGI proxies on Shared and Reseller Accounts. CGI proxies allowed to the Dedicated servers Customers only. The Company reserve the right to remove every CGI proxy script without notification for Shared and Reseller Accounts. Domains Whois The Company holds its own contact details in the Whois for Domains registered through the Company. Customer may use domain freely on a yearly basis if annual domain fees are payed before 30 days before the registered expiry date. Domains are not transferrable to other registrar/webhost if the Customer's Account has outstanding invoices. A transfer fee may apply depending on the .TLD of the domain. Please contact The Company to get the current pricelist. Backups Users has to arrange and download their own backups. System backups are The Company's responsibilty. Accounts backups are made weekly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for servers' restoration purposes only. It is the clients' own responsibility to maintain local copies of their web content any information. The Backup Manager is available to every Customer and you can use this tool to backup your files. Our Guarantees Moneyback Guarantee. We offer all clients one week test periode when creating an account in our system. If the client want to cancel his account during these first seven days, we will refund all hosting fees payed to us for this service. This only applies to hosting and not to any registering fees or other fees payed. No refunds will be available for Customer's Account which break any terms of the TOS. No refunds will be available for third party related services including, but not limited to scripts installation, certificates, custom programming, scripting and designing work, domain names registrations, transfers and renewals, dedicated servers, management and monitoring services. As a conclusion, refunds are for Company's hosting and reseller packages only. After the end of the seven day period the Payment Policies apply on all services. Uptime Guarantee. The Company offer a 99% server uptime guarantee. The Company calculate average uptime per each server using distributed monitoring systems each month beginning for past month. If Company failed to maintain 99% availability of Customer's site(s) during any single calendar month, Customer may request a credit of 50% off that month's hosting fee, but not later than 7 days after that month's end, by sending a notice to admin(at)nordgard.no. The Company do not offer a credit when interruptions are caused by scheduled maintenance(s) or cases beyond our control (interruption and/or failure of telecommunication and/or digital transmission links, connecting problems from Your ISP provider only, power outages, network attacks, network congestion); errors from Customer's own custom scripting or coding; outages that do not affect the appearance of Customer's web site but merely affect access to Customer's site (such as FTP, POP3/IMAP, SMTP); when average server's uptime calculated equal or greater than 99% during calendar month; when notice sent later than 7 days after month's end. All interruptions of out services has to be truly documented. All Moneyback and Uptime refunds sent without processing fees applied on them. Payment Policy Establishment of these services are dependent upon receipt by Company of payment of stated charges. The Account will be automatically (if possible) charged through PayPal at the beginning of each billing cycle for the entire cycle. Failed charge will be turned into outstanding invoice. Billing cycles will continue automatically until the package is canceled according to the Account Cancellation. Domestic customers may pay directly to The Companys bank account. This must be done in good time prior to the bills due date to secure continious service. No refunds will be available for third party related services including, but not limited to scripts installation, certificates, custom programming, scripting and designing work, domain names registrations, transfers and renewals, dedicated servers, management and monitoring services, any extra charges, as well as for quarterly, bi-annual and annual payments. As a conclusion, refunds are for Company's hosting and reseller packages only. The above applies to all Accounts and services provided by Company. Notices for the invoices are sent 10 and 2 days prior due date. Service will be interrupted on Accounts that reach 7 days past due for outstanding invoices. The Company reserve the right to terminate the services for Accounts that that reach 30 days past due for outstanding invoices without prior notice (final decision is made on per Account basis). Accounts that are not collectable by Company may be turned over to an outside collection agency for collection. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Company's sole discretion is a valid charge under the provisions of the TOS, you agree to pay Company an "Administrative Fee" of $100. Under no circumstances should you dispute a charge to your credit card issuer before you have resonably tried to clear this out directly with the Company. If such an event should happen, then You accept to pay the Company two times the "Administrative Fee" mentioned above. If you desire to cancel your Account, please follow the proper procedure to do this as outlined in this TOS. Account Cancellation Customer should email cancellation request with at least 45 days, but no more than 60 days, prior notice to admin(at)nordgard.no with cancellation reason, domain name, Account's username and password. The Company will verify the details sent and ensure that Customer has no outstanding invoices, then email back to the Customer asking for confirmation; Customer should pay all outstanding invoices, if any, respond and confirm Account's cancellation. Please note that if You haven't recieved an confirmation email, this means that we have not proberly recieved your cancelation and Your account will not be canceled. Then please notify us. Customer's data will be removed from The Company's servers as soon as confirmation email from a Customer has been received and any outstanding invoices are paid in full, if any. Changes in TOS content. We have no listing of when You are reading these terms. All Company customers must agree to accept these terms. You accept these TOS when You sign up for any of our services and/or pays the fees related to these services. These terms may be changed at any time. It is Your own responsibilty to check if they are changed.