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Business Terms and ConditionsScope of application and conclusion of the contractThese business terms and conditions govern the products and services of 4D NET Center SA. The offer is made without obligation. By agreeing (in writing or by electronic means) to use the service, the customer accepts the terms and conditions of business, together with the other elements of the contract with 4D NET Center. Start of rental4D NET Center provides material and services as soon as the first payment of the customer, according to the terms of payment, has been received in full by 4D NET Center. Ownership of licensesAll preinstalled software-licenses on the machines hosted by 4D NET Center are property of 4D NET Center. The customer must respect the license-agreements of the preinstalled software. The customer is responsible for all further software-licenses he installs on machines hosted by 4D NET Center. Ownership of informationThe customer is the owner of, and is responsible for, all information stored on a machine hosted at 4D NET Center. If a customer stores unlawful information on a hosted machine at 4D NET Center, 4D NET Center reserves the right to terminate the contract without prior notice or compensation. Unlawful information (in particular portrayals of violence, pornography, discrimination, incitement to violence or criminal acts, games of chance, breach of copyright, trade mark and other intellectual property rights, infringements of individual rights, unsolicited mass mailings etc.) and insults are prohibited. Services and rights of 4D NET Center4D NET Center may alter the nature of the service, although it will not do so without substantive reasons. Changes to the service take effect when the customer has been informed by letter, e-mail or some other suitable means. By using the service, Customers accept the nature of the service provided. Whenever possible, 4D NET Center will inform customers in good time of interruptions in service that are needed to repair faults, perform maintenance work, or introduce new technologies, etc. 4D NET Center is responsible for the physical maintenance of the infrastructure and the rented machines. 4D NET Center shall take measures to repair faults and remedy defective services, except in cases where circumstances beyond the control of 4D NET Center prevent such repair. The customer shall bear the costs incurred by 4D NET Center to limit and repair faults if the customer has asked for an investigation to be made and the fault is found to be attributable to defects or errors in operation of the equipment used by the customer. 4D NET Center shall pay no costs incurred for support by third parties. 4D NET Center allows physical access to it's infrastructure only to authorized persons. 4D NET Center may change at any time software or hardware configurations on hosted machines, if they endanger the functioning of the installations of 4D NET Center. ConfidentialityThe parties shall treat in confidence all information that is not in the public domain or generally known. In case of doubt, information shall be treated in confidence. This secrecy obligation exists even before the contract is concluded and continues to apply after its termination. Terms of paymentProducts and services provided by 4D NET Center must be paid in advance. If the customer does not respect the terms of payment, 4D NET Center reserves the right to suspend the service and/or terminate the contract and delete the information on rented machines and copies of backup within 7 days. Duration of contract and notice of terminationThe contract will be renewed automatically, unless it is terminated by written notice at least 1 month before termination by 4D NET Center or the customer. In case of termination of the contract, 4D NET Center shall delete all information stored by the customer on the rented machine and all copies of backup within 7 days after termination of the contract. If the customer violates license-agreements or stores unlawful information on machines hosted at 4D NET Center, 4D NET Center may terminate the contract with immediate effect. ResellersThe present terms and conditions of business likewise apply to third parties who arrange hosting contracts or contracts for the inclusion of commercial Internet sites of third parties on the 4D NET Center platform (resellers). JurisdictionThe contract shall be governed by Swiss law. The courts of 2500 Biel (Switzerland) shall have sole jurisdiction. Biel, June 1st, 2001 |
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