§ 1 General
1.1 These terms and conditions regulates the relationship ("Agreement") between the customer ("Customer") and Miss Domain Group AB ("Miss Hosting"), 556732-5336, and applies to the ordered Service ("Service").
1.2 The Customer may be a private person or a legal entity. The contract cannot be extended by Customer to another party.
1.3 The service means that the customer is leasing a part of Miss Hosting’s shared hosting environment.
§ 2 Domains
2.1 Miss Hosting will always be the Admin, Tech and Billing contact when you register a domain through our website or system.
2.3 Miss Hosting does not guarantee the domain to be registered until it's successfully registered and active in your name. In case of a domain not being registered in your name Miss Hosting will offer a full refund for the domain or the possibility to register another domain for the same amount as the unsuccessful domain registration.
When it comes to .SE-Domains the rules from II-Stiftelsens General Terms and Conditions applies. You can find and read about this term on IIS website http://www.iis.se/. When you agree to Miss Domains's Terms and Conditions you also agree on IIS Terms and Conditions.
Subregistrar: MissDomain Group AB
Registrar: NameISP AB
Registrar: Plats 1.0 AB
More rules that applies for .SE-Domains:
Miss Hosting owns the right to move a customers domain(s) through out different registrars
Miss Hosting owns the right to handle customers domain(s) through the best fit registry of our choosing
§ 2.2 .NU-Domains
When it comes to .NU-Domains the rules from II-Stiftelsens General Terms and Conditions applies. You can find and read about this term on IIS website http://www.iis.se/. When you agree to Miss Domains's Terms and Conditions you also agree on IIS Terms and Conditions.
Subregistrar: MissDomain Group AB
Registrar: NameISP AB
§ 2.3 General Terms for Domains
For all domain registrations done on Miss Domain, we will enter Miss Domain as Admin, Tech and Billing contact on the domain.
Miss Domain don't guarantee a domain registration until the buyer receives a registration confirmation through email. In case of a failed domain registration the buyer will be able to choose a new domain for registration in the same amount payed for the first domain.
§ 3 Contract period for the Service
3.1 The agreement expires according to the period Customer selects when ordering - starting from the date confirmation has been issued by Miss Hosting.
After termination, any files stored by the service of Miss Hosting will be saved for another 2 weeks.
3.2 For the Web Hosting Service, 45 days of open purchase is applied and, in this case, the full amount will be refunded (except for Domain Registration and SSL Certificate).
3.3 The agreement terminates by termination, which is submitted in writing via Miss Hosting Customer Service or by the termination function in the control panel. In case of termination, the customer number and domain name must be stated. If no correct notice has been received before the service expires, the invoice for the next period must be paid.
3.4 Either party is entitled to terminate the agreement in writing by letter, fax or e-mail immediately, if the other party commits a material breach of contract and, in so far as rectification is possible, does not take corrections within 14 days after written request by letter, fax or e-mail with reference to this provision. The same applies if a party is bankrupt or liquidated, is subject to an agreement or otherwise obviously insolvent.
§ 4 Refunds
Refunds are dependent on the type of service purchased by the customer.
4.1 Hosting Accounts - When purchasing web hosting account you have 45 days to claim your money back, this includes both businesses and individuals. The Money Back request must be sent in via email to Miss Hosting’s support.
4.2 Domain Registration - Refunds are made only if the domain hasn’t been registered. If the domain has already been registered we do not offer any money back.
§ 5 Term and Termination
5.1 The contract begins when the confirmation has been sent out by Miss Hosting. The agreement extends to the time that payment is made for services unless otherwise agreed and cleared from the order confirmation.
5.2 Miss Hosting applies the Distance and Doorstep Sales Act (SFS 2005: 59), which means that the customer always has the right to cancel contractual agreement within 14 days. Miss Hosting leaves specific information about this to the Customer in connection with the agreement confirmed. Refer to item 10.6 and 10.7
5.3 Miss Hosting applies the 45-day return policy, and in this case refund all money paid for services (see special circumstances for Domain Name in section 9.1 and 9.2). See also sections 5.6 and 5.7.
5.4 Miss Hosting applies the right of withdrawal and open purchase including for traders who are legal persons.
5.5 Miss Hosting applies no binding period. The agreement may be terminated by Customer at any time and without any reason. After a termination any saved files are your responsibility and will be saved by Miss Hosting for additional 2 weeks. See also sections 5.6 and 5.7.
5.6 Termination should be made by Miss Hosting’s Support.
5.7 The Customer wishing to use the right or return of goods, or to terminate the Agreement underpaid period, they must prove their identity with a username and password and message should be valid. Miss Hosting will confirm the statement immediately and refund within 20 days.
§ 6 Fees
6.1 Payment for services must be made in advance and payment terms are thirty (30) days net.
6.2 Miss Hosting is entitled to assign the invoice to another company. This even though the customer is not late with his payment. However, as no extra charge to be levied on such transferor and the invoiced amount will not be altered in addition to any collection fees.
6.3 In case of delayed payment a fee is placed on the invoice.
6.4 Objections to invoices shall be made in writing within forty-five (45) days of the customer receiving the invoice.
6.5 Penalty interest payable under the Act, with 8.00% per month from the due date and until payment has been made.
§ 7 Services
7.1 The customer is responsible for the use of its space, the customer ensures that all materials uploaded to the server is relevant to the website. Customer may not use its space to a so-called file service or storage space.
7.2 If the Customer uses an exaggerated or suspected large amount of traffic then Miss Hosting has the right to contact the customer and make start an investigation against the customer as to where the traffic is coming from.
7.3 The Customer is responsible for only hosting their own websites on their web hosting account, it is not allowed to, for example, host several different companies or individual websites, blogs, e-commerce solutions or more on a single shared hosting package.
§ 8 Miss hostings responsibility
8.1 Miss Hosting exercises no control over the information or material contained in the Customer's storage space and Miss Hosting is therefore not responsible for any direct or indirect damages resulting from the Customer's actions or omissions of the Customer's applications. Miss Hosting is not liable for damages arising in connection with infringement of Customer’s Service.
8.2 Miss Hosting handles all customer information as confidential to protect the integrity of our Customers. However, Miss Hosting by court order or request from the police or other authority is required to disclose information about the Customer.
8.3 Miss Hosting’s liability for property damage only covers compensation for direct loss and is limited to a maximum that Customer will pay to Miss Hosting for twelve (12) months under the current agreement. Compensation is not payable under any circumstances for indirect losses such as loss of production or sales in the Customer's business.
§ 9 Customer's responsibility
9.1 Customer agrees to abide by Swedish and his own country's laws. Customer is fully responsible for all actions carried out through its Miss Hosting’s services.
9.2 Buyer is responsible for any damage arising if the Client suffers hacking or denial of service attacks. Miss Hosting has the right to immediately shut down the customer service if the customer knowingly or unknowingly exposes Miss Hastings IP networks, systems, high load, damages, risks or the like. Miss Hosting informs and communicates could retrospectively when the customer is off.
9.3 If the Customer uses more than the agreed resources then Miss Hosting the right to directly debit the Customer according to the current pricelist or if not available, by the actual costs resulting to Miss Hosting. Although retroactive billing may occur. Miss Hosting is also entitled to put up a running contract with a monthly or quarterly billing for the resource and capacity utilization. If Customer uses more than the agreed resource then Miss Hosting has the right to immediately shut down the Customer.
9.4 If Customer uses more CPU power or disk capacity (reads and writes to disk) than can be considered reasonable then Miss Hosting has the right to directly debit the Customer according to the current pricelist or if not available, by the actual costs resulting Miss Hosting. Although retroactive billing may be made. Miss Hosting is also entitled to put up a running contract with a monthly or quarterly billings of Customer continues to use more CPU or disk capacity than is reasonable. If Customer uses more CPU power or disk capacity than can be considered reasonable then Miss Hosting can directly right off the customer.
9.5 The customer is responsible for keeping information about the Customer's address, phone, fax and e-mail address and contact person in question in the Miss Hosting’s customer database. This is easily done yourself through the Control Panel as Miss Hosting provides customer when ordering service.
9.6 The customer who sends out spam or extensive mailings, more than what Miss Hosting consider to be normal can be turned off immediately. Miss Hosting’s guidelines are 300 emails per hour from our IP addresses.
9.7 The customer is responsible for the software needed to utilize the services of Miss Hosting.
9.8 Customer service may only be used by a company or an individual. Customer shall not, without the Miss Hosting’s authorization upload more than one corporate and personal website to the Miss Hosting’s servers. If the customer will add more websites without notifying Miss Hosting then Miss Hosting has the right to directly shut down the client and then inform the customer about why.
9.9 The Customer is responsible for all the material on the website and the domain name, any suspicions of illegal material / activity performed then Miss Hosting has the right to close down accounts and inform the customer later.
9.10 Customer is responsible for his own content and files on the space, the lost or destroyed material, a recovery made from Miss Hosting. At a reset out of backing up an administrative fee of € 99.00 per hour.
9.11 Customer is responsible for tasks specified at registration is correct, if the customer uses the so-called fake (erroneous) information on registration can Miss Hosting demand identification and a copy of the credit card used when ordering. If the customer can not provide this owns the Miss Hosting entitled to shut down the client and close the account.
§ 10 Server Down Time
At the extensive disruption may Client to seek compensation in the context of what the customer pays. Compensation paid primarily by free extension of service. As extensive disruption counts persistent or widespread disruption during the twelve (12) hours of office (non-holiday Monday - Friday, at 8:00 a.m. to 5:00 p.m.) for a period of thirty (30 days). The request for compensation shall submit no more than seven (7) days after the period of thirty (30 days). Planned outages are not counted as failures.
§ 11 Information and Customer Information
Information provided by Customer when registering with Miss Hosting will use in the form of an internal customer register. Personal data are covered. Customer hereby agrees that Miss Hosting uses this information in communication between the parties in the flow chart, see Appendix 1. In case the current information provided by customer is incorrect and Miss Hosting has access to correct contact information, Miss Hosting has a right and an obligation to adjust current information. In case Customer has more than one user account / username at Miss Hosting, Miss Hosting has a right and an obligation to merge Customer's different accounts into one for administrative purposes. An administrative fee may apply.
The Customer acknowledges that Personal Data provided for registration of domain names will be publicly accessible via the Internet at the appropriate Registration Unit chosen by Miss Hosting. If customer chooses not to use "Shield Whois", the following information will be accessible: Name, Email Address, and Domain Name. For example: If the customer registers a .se domain, personal data will be present / processed at both Miss Hosting and the registry holder, which in this case is .se. It is the Customer's obligation to inform affected persons in their organization of the above and to hold an authorization to handle Personal Data in the manner specified above.
Miss Hosting will, upon request, only disclose personal data to the authorities rather registry.
Handling of personal data. The red thread indicates where complete personal data is sent. It is only a supplier that shares full details, Name ISP (AB Name ISP).
For questions regarding personal data, refer to Miss Hosting support.
Additional terms and conditions for Dedicated server, VPS Server And SEO Hosting services clients
1.1These Terms and Conditions govern the relationship (the “Agreement”) between the customer (“Customer”) and Miss Group INC regarding the dedicated server service, VPS server services, seo hosting server services (the “Service”). Additional terms and conditions shall apply to certain additional services.
1.2 The Customer must be an adult person or of legal age. The Agreement between the parties may not be extended by the Customer to include an additional party.
Section 2. Period of the Agreement
2.1 Unless otherwise agreed, the initial period of the Agreement shall be either twelve(12) or twenty-four(24) months, whereupon completion of the initial period the Agreement will be renewed on a monthly basis.
Section 3. Payment Terms
3.1 Payments shall be made in advance on a monthly, quarterly or yearly basis . If a payment has not been made by the due date, Miss Hosting is entitled to assign the collection of the debt to a third party and to immediately discontinue the provision of the Service. This shall apply unless other payments terms have been agreed upon.
3.2 Accounts will be suspended if its service renewal fees are not paid within 72 hours of the due date. Accounts suspended in this manner can be re-activated upon payment. Also a $75.00 reactivation fee will apply per server upon suspension.
Section 4. Termination
4.1 The termination period shall be 3 months counted backwards from the end of the current period. If you choose to terminate your service before the end of your contract period, then it will be a charge 20% of the remaining contract to cancel.
4.2 There is a 30 day cancellation period once the cancellation letter has been received.
4.3 Miss Hosting is entitled to terminate the Service with immediate effect if the Customer has breached any of the provisions of this Agreement or any additional agreement, including receiving a SBL listing in http://www.spamhaus.org due to spamming of our IPs. The normal cancellation fee will be in effect if this is due to the abuse of our IPs.
4.4. The Customer’s data shall be erased from the storage media in the server when the termination comes into force. The Customer is entitled to buy storage media. This must be reported to Miss Hosting in connection with the termination.
4.5. Miss Hosting is entitled to re-use hardware subsequent to termination.
Section 5. Service fees
5.1 Fees may be changed only in connection with the next contractual period and the Customer shall be notified thereof at least one (1) month prior to the beginning of a new contractual period. Fee reductions do not need to be announced in advance. As regards fee increases, the Customer is entitled to terminate the Agreement within seven (7) days of being notified of the fee increase.
5.2 Where the Customer uses more than the allowed amount of traffic, Miss Hosting is entitled to directly charge the Customer in accordance with the applicable price list. Retroactive charging shall also be possible. Miss Hosting is also entitled to draw up an permanent agreement with monthly or quarterly charging for the increased amount of data transfer. Miss Hosting is also entitled to draw up an permanent agreement with monthly or quarterly charging for greater bandwidth, if justified.
Section 6. Assignment of services
6.1 The Customer may assign the Service to a third party subsequent to Miss Hosting consent. The request for assignment shall be made in writing on a form as indicated by Miss Hosting. The new Customer shall not be liable to pay for liabilities which have arisen prior to the assignment.
Section 7. Miss Hostings responsibility
7.1 Miss Hosting shall exercise no control over the information or materials which are placed on the Customer’s server and shall, therefore, not be liable for any direct or indirect damage that has arisen as a result of the Customer’s actions or due to deficiencies in the Customer’s server. Miss Hosting shall not be held liable for any damages in connection with intrusions on the Customer’s server.
7.2 Miss Hosting is entitled to move the Customer’s server to another location in the same server hall or to another server hall in another location.
7.3 Miss Hosting shall treat any and all information about the Customer as confidential information in order to protect the Customer’s integrity. Miss Hosting may, however, be ordered to provide information about the Customer by a court injunction or a police request.
7.4 Miss Hosting’s liability for property damages shall extend only to compensation for direct loss and shall be limited, as a maximum, to what the Customer pays to Miss Hosting for 2 months pursuant to the existing Agreement. No compensation shall be due under any circumstances for indirect losses such as reduced production or sales of the Customer’s business.
Section 8. Broken hardware
8.1 Miss Hosting is obliged to replace within a reasonable period of time, any broken hardware, for example, broken hard disks. In the event of broken hardware, Miss Hosting undertakes to restore the system (software and hardware) to the same condition as at the time of the initial installation at no extra cost. The above shall apply if the defect arises within two (2) years of the commissioning of the server. Charges in accordance with the applicable rates shall be due for software and hardware problems which arise more than two (2) years after the commissioning of the server.
Section 9. Loss of data
9.1 Miss Hosting shall take no responsibility for loss of data in connection with hardware or software faults.
Section 10. Service agreement
10.1 Unless otherwise agreed, Miss Hosting shall provide the Customer with support during office hours (between 08:00 and 17:00 on workdays). Miss Hosting is obliged to assist the Customer as soon as possible during office hours. In return, Miss Hosting shall charge the Customer hourly charges at the respective rates that are applicable at any time. The above shall apply if Miss Hosting can offer the desired competence. As regards support during different hours, the Customer must have signed a service agreement with Miss Hosting.
Section 11. Customer’s responsibility
11.1 The Customer shall be fully responsible for any and all actions it carries out via its equipment.
11.2 The Customer shall be liable for damages arising if the Customer has been affected by hacking or DOS (Denial-of-Service) attacks. Where the Customer consciously or unconsciously exposes Miss Hsoting’s IP network, system or other Customers to risks, high load or similar, Miss Hosting shall be entitled to directly shut down the Customer’s service and subsequently notify the Customer.
11.3 The Customer shall be responsible for ensuring that the programs used on the Customer’s computer have valid licenses.
11.4 The Customer shall not send any spams from our services. Therefore there is a penalty for the first offense when one or more of our IPs that is rented to a client are listed with https://www.spamhaus.org/ it is $500. Second offense penalty is $1000. If it happens the third time the account will be suspended and terminated with immediate effect and regular cancellation fee terms and conditions will take effect.
Section 12. Policies
12.1 Where Miss Hosting suspects that the Customer abuses the Service or violates this Agreement, Miss Hosting is entitled to immediately shut down the Customer’s Services while waiting for an action from the Customer.
12.2 Miss Hosting reserves the right to increase the prices for any and all of its products and services, including IPs, at any time during the contract period with a written notice of 1 month.
Section 13. Confidentiality
13.1 Miss Hosting shall apply the provisions of the applicable confidentiality acts to all Customer information and any other information regarding the Customer with regard to third parties. Miss Hosting may not be held liable for Customer information unless the Customer has expressed an explicit desire regarding it.
Section 14. Amendments to terms and conditions
14.1 Miss Group INC may, in its sole discretion, change or modify this Agreement at any time, with or without notice. You are responsible to read Terms and conditions from time to time to ensure that your use of the Service remains in compliance with this Agreement. Unenforceable Provisions If any part of this Agreement is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of this Agreement in any way.
Section 15. Miscellaneous
15.1 By accepting the Terms and Conditions of this Agreement, the Customer agrees to receive information and news from Miss Hosting by e-mail and ordinary mail.
15.2 For Customers using licensed SPLA software from Microsoft, a special additional agreement regarding SPLA licenses shall apply.
Section 16. Force majeure
16.1 Miss Hosting shall be relieved from the obligation to pay damages and other penalties if Miss Hosting’s obligations are prevented or significantly obstructed by a circumstance which is outside the control of or could not have been predicted by Miss Hosting, for example, an industrial action, stroke of lightning, fire, atmospheric disturbances, legal enactments, regulatory action, strike or a similar circumstance.
Section 17. Email Policies
17- 1000 outbound emails per day per IP, Miss Hosting may limit the number of email messages that a customer may send over a given time period, as determined by Miss Hosting in its reasonable discretion. Miss Hosting reserves the right to make changes to such limits at any time without prior notice to you.
18- You must comply with the CAN-SPAM law, you must also send email in a way that respects the stability of our network, and allows other customers to use the Services.
If we determine that your use of email affects our network or our other customers, in a material, adverse manner, we may suspend your account until such time as you have agreed to modify your behavior. While your account is suspended, Fees will continue to accrue.
19- Prohibited Content. You may not use our Services to distribute, advertise, disseminate, link or content
that contains, describes, or refers to child pornography, bestiality, child erotica, sexual content, Phishing and Fraud, or any other content prohibited by law. We will take action and suspend your account.
20- You may not engage in probes, port-scans, sweeps or spoofing of systems. We will report this activity to the appropriate law enforcement entity. We may engage in this activity, as allowed by law.
21- You are solely responsible for ensuring that your data is secure, that confidential information remains confidential, and that you do not expose your business to risks you are not prepared to assume. We reserve the right to take immediate action to suspend or terminate your account if, in our sole and exclusive discretion, you or a customer or end user of yours is engaging in activities that jeopardize our security, the security of other customers, or the security of the Internet in general. You may not be provided with notice that we are taking such action.
22- We reserve the right to assess a $500 charge upon your account, which shall serve to compensate us for increased administration costs and expenses of readdressing SPAM-related activity.
The following Terms and Conditions govern this agreement/s for all of and Miss Group INC Clients:
“Customer” includes the named Company in the contract, its officers, directors, employees, affiliates and agents. “Provider” includes Miss Group INC, its officers, directors, employees affiliates, and agents. In the event that Customer files any legal or equitable action (“Action”) against Provider, such Action shall be filed only in the State or Federal Court located in Miami-Dade County, Florida, U.S.A. This contract shall be interpreted solely under the laws of the State of Florida, regardless of the principal of conflict of laws. In the event that Provider is found liable to the Customer for damages, Customer agrees that the maximum aggregate limit of damages which may be recovered by Customer against Provider is the total amount of money paid by Company to Provider during the current term of this contract.
These Terms and Conditions have been established on 2014-10-24 and updated on 2014-05-22