1. LIMITS OF USE OF SERVICES
Host Color Europe Europe (Host Color Europe LLC, HostColorEurope.com or HCE) can change the "limits of use of services to introduce restrictions on the use of services if they become standards in the hosting industry. Any changes in conditions and standards for use of the Services will be enforceable with (a) the renewal of service (b) the implementation of a new contract or additional service to the basic product or service that the customer uses a Host Color Europe LLC or (c) written notification by Host Color Europe Europe sent in advance of 30-day written notice of the change.
If the changes concerning the limits of use of the service make utilization the commissioned service by the customer too unfavorable, the client is entitled to terminate the Service Level Agreement (SLA). For this purpose, the customer must send written notice to Host Color Europe LLC 30 days before the intended termination date of the Agreement.
Host Color Europe LLC will not charge a termination fee with the dissolution of the Agreement (SLA) to provide service if the suspension is requested in accordance with the above agreements. Host Color Europe is willing to work with clients to achieve specific limits of the use of services and renegotiate if possible depending on the customers needs.
2. TERMINATION OF SERVICE
The customer agrees that Host Color Europe LLC may terminate the supply of services without any responsibility or liability whatsoever why in the following cases: (a) if it is determined that the client uses the services in violation of the Agreement (SLA);(b) if the client refuses to cooperate with Host Color Europe LLC for the purpose of conducting necessary investigations into the breach of this Agreement; (c) if an external attack on hosting account or server(s) in which third parties have gained access on a server or account without the customers knowledge or other similar event has occurred, and thusly Host Color Europe LLC has reason to believe that the termination of service is a necessary measure to protect the network infrastructure and customer Host Color Europe; (d) if there is a judicial institution that is authorized or legally entitled to terminate service.
In the case of item, with the exception of d, Host Color Europe LLC shall send notice of termination of service to the customer at least 12 hours prior to the act of termination; unless we determine that the immediate termination is necessary for protecting the interests of Host Color Europe LLC and other customers of the company.
3. TERMINATION BECAUSE OF VIOLATIONS
The customer may terminate the Agreement with Host Color Europe LLC if there is a failure to deliver IT hosting service consistent with the standards of the Agreement and the signed contract, if one exists. For this purpose, the customer must send written notice 10 days before the day on in which service is to be cancelled. The notice must describe the specific technical problems that the client had and the administrative failures of Host Color Europe LLC not provided for as stated in the agreement. The client has the right to unilaterally terminate the use of the service period of 30 days after written notice is sent (by registered mail) to Host Color Europe LLC and the company did not receive any response.
Host Color Europe LLC may terminate the service and the agreement if it is found that the information provided by the client in connection with the use of services is incorrect or false, or if the person who signed the Agreement has no power to represent natural or legal person who uses the service, if there is unpaid late fees outstanding five (5) working days past the last date for payment specified in the Agreement or upon written invitation by Host Color Europe LLC or if the customer fails to comply with any requirements of the Agreement. Host Color Europe reserves the right to terminate the agreement if the customer has violated the "limits of use of serviceâ€ more than once, even if they have taken timely steps to remove the problem.
4. MONTH BY MONTH TERMINATION
The customer may terminate the Agreement by sending written notice of not less than 30 days before the date of service next month. Notice must be sent by registered mail or e-mail as it appears on the website of HostColorEurope.com. The cancellation request must be signed by an authorized person on the account.
5. FEES FOR PRE-TERMINATION
If the client wants to terminate the Agreement due to concerns which do not have to be disclosed to HostColorEurope.com, before the actual termination of the agreement has ended, the customer must pay Host Color Europe Europe all fees for services. In this situation the customer will be responsible for paying the early termination fee and a lump sum payment equal to the remaining monthly fees of the services agreed upon as part of the service plan or other agreement signed.
The Agreement stipulates that the customer will pay a greater fee for early termination of services if such is recorded in a supplementary contract, which regulates the supply of a service in which IT hosting company if Host Color Europe LLC has made a significant investment in hardware, software, network or other production on behalf of the particular customer who has not complied with the contract terms.
6. PRIVACY INFORMATION
Each of the parties of this Agreement agrees not to disclose confidential information related to bilateral relations, with the exception of such information which is required for delivery of services to protect the rights of each party entered into the Agreement or required to be provided law. Each of the two parties shall not disclose to any third parties confidential information of the other party relating to the following:
(a) will not inform the competitive companies, providers of similar services or third parties on the terms of the relationship under this Agreement
(b) will not to provide information on the other party to enforcement agencies, unless a judicial basis for doing so or if there is reliable evidence that the other party is preparing to make violation of the law
(c) will not to disclose information unless mandated by law
With this agreement, Host Color Europe LLC has the right to announce publicly what services have been commissioned and can use the domain name of your company in the promotional marketing materials, including press releases or the web site. However, we do not have the right to use your trademark, logo or other materials without your explicit consent given on paper or by electronic mail.
8. LIMITATION, DAMAGES AND BENEFITS
Host Color Europe Europe bears no responsibility or liability to any client for failure to deliver any IT hosting service, unless such a failure has been previously stated in the agreement or if we have violated the terms of the Agreement, and we are negligent in the performance of their duties, or we have intentionally violated the Agreement.
If we have committed misconduct connected with one of the above assumptions, Host Color Europe Europe will provide monetary compensation recorded in the document commissioning of service (Service Order). This is the maximum compensation which we owe under this Agreement.
Host Color Europe Europe (including our employees, agents, partners or suppliers) is not liable for indirect, incidental or any subsequent losses of the client may incur which could have been avoided by the party as a result of adequate action and desire. This is true even if the customer did notify Host Color Europe LLC of such problems or their future probability and damages resulted.
Host Color Europe LLC is not responsible for any loss of data and information unless the client has specifically ordered and paid at the date of data loss occurs, a service associated with storing backup of the data (back up) by Host Color Europe. Customers of Host Color Europe LLC release them from liability for the loss of data for the period in which data are lost between the periods specified in the Agreement to create a backup of customer data.
If there is a failure of Host Color Europe LLC to deliver guaranteed services agree upon and we are in violation of these terms, the maximum financial liability and compensation by Host Color Europe to its customer will not exceed six (6) monthly service fees. This condition disappears only when it is established purposeful neglect or violation of the client's interests or the safety of the data.
If you, your partner(s), or any employees, agents or suppliers is being sued by a third party because of negligence or carelessness on the part of Host Color Europe LLC for targeted action because of the violation of law or failure to secure the agreement of the terms due to our fault, HostColorEurope.com will pay the cost of defending the accused party, including reasonable costs for legal services, and imposed fines, penalties or other direct damages suffered as a result of legal action.
If one of the two parties to this Agreement receives notice of a lawsuit against the other or one associated with bilateral relations, they are obliged to inform as soon as possible the other side. Within one (1) working day, each party is required to consult with the other case, and within five (5) working days to send all the necessary materials and documents related to judicial action.
11. PRODUCTS AND SERVICES OF THIRD PARTIES
It is possible that software products and services of third parties will be used as part of our effort to provide better quality hosting services. Host Color Europe LLC cannot guarantee that services and software produced by third parties that are not explicitly included in the agreement or contract will work exactly how the customer expects. No commitment to provide support for such standards will be guaranteed nor will Host Color Europe accept responsibility for any reliability issues. No guarantee extends also to personal software products and services that the customer uses at their own risk of responsibility.
12. WHO CAN USE THE SERVICE?
As a customer, you can resell hosting services Host Color Europe LLC and can get permission from us to authorize your partners and affiliates to market and resell our services. In this case, you are entirely responsible for them abiding by the terms of the agreement and are responsible for whether they meet the "limits of use of services. Host Color Europe only provides technical support to you and is not responsible for third-parties who are granted access to services purchased by Host Color Europe LLC. Any third party is not involved in this Agreement and therefore has no rights or obligations under it. For any unlawful breaches, Host Color Europe LLC reserves the right to take action against violators, whether or not they are part of this Agreement.
13. NOTICES AND COMMUNICATIONS
Communication with Host Color Europe Europe is made possible through an Account Management Zone (your personal customer center). All safeguards and standards for information protection are only valid for services carried out in the Account Zone. If you want to send us a notice of termination of service or other notice which refers to the conditions of the Agreement, this should be done through a support ticket opened your Account Management Zone. You can also send the notice by certified mail to: Host Color Europe LLC (HostColorEurope.com), 746 S Arnold St., South Bend, IN, 46619, United States.