1.1 Laika Digital Ltd shall render memory and computing capacity available, on a server operated by Laika Digital Ltd, for the storage of websites and for the operation of applications that can be utilised via the internet.
1.2 Laika Digital Ltd shall create, grant and maintain the connection between the server and the internet so that the data stored on the server can be transmitted to the calling computer without disruption and whenever required by external computers in the internet (clients) by means of the common internet protocols.
1.3 Laika Digital Ltd shall endeavour to render the data, stored by the contract partner in accordance with the Terms and Conditions of the agreement, available to the global public via the internet
24 hours a day, seven days a week. Laika Digital Ltd does not accept liability for successful access to the respective website, insofar as networks are used that are not exclusively operated by Laika Digital Ltd or its direct contractors including their interfaces to third-party networks.
1.4 Laika Digital Ltd shall schedule maintenance times for the optimisation and improvement of performance of the systems providing the services, which are, on principle, outside the usual business hours, generally on Sunday between 2 am and 3 am and are only utilised as required unless urgent. During these maintenance times Laika Digital Ltd may shut down its technical facilities as necessary and to a scope that is restricted to a minimum. The customer shall be informed of the execution of maintenance outside the above-mentioned maintenance times by e-mail in a timely manner.
1.5 Laika Digital Ltd shall endeavour to render the systems available via internet for at least 96% of the annual operating time (availability).
1.6 Laika Digital Ltd shall execute an automatic back-up of the stored data on a monthly basis. The back-up copies shall in general be stored for a period of 60 days. Additional backups may be purchased as part of a monthly website maintenance package.
1.7 Laika Digital Ltd does not include Email Hosting as standard in Website Hosting agreements. Email accounts will be charged on a monthly basis at an agreed cost additional to website hosting costs.
2 Supplementary Services
Laika Digital Ltd shall also offer the following supplementary premium services, on request:
2.1 Domain registration: on request, Laika Digital Ltd will register domain names on behalf of the customer with the respective issuing body. The customer authorises Laika Digital Ltd to issue all declarations or execute all activities necessary for registration of a domain with the respective issuing body, on behalf of the customer. The customer can only expect the actual assignment of the domain name once this has been confirmed by Laika Digital Ltd. Laika Digital Ltd shall not accept liability and provides no guarantee in respect of the assignment of the domain name orders. The customer shall indemnify Laika Digital Ltd against any third party claims in respect of the domain name selected.
2.2 Establishment of access statistics: Laika Digital Ltd shall draw up access statistics on the web server for the customer. For this purpose, the server log files are evaluated on a daily basis. Customers can call current and historic statistics for whatever period required via a protected website. The historic statistics are stored for a period of at least two years.
2.3 Spam protection: Laika Digital Ltd shall monitor the incoming e-mails of the customer and shall mark e-mails that most likely contain undesired advertising (so-called spam e-mails). Laika Digital Ltd shall attempt to mark the e-mails as reliably as possible (marking of as many spam e-mails as possible, if possible, no marking of desired e-mails).
3 Obligations of the Customer
3.1 The customer is responsible for maintaining its data on the server. The customer is given a password and the internet address to alter and update the data on their respective website.
3.2 The customer is obliged not to disclose the login information to unauthorised third parties.
Customers shall inform Laika Digital Ltd immediately if they obtain knowledge that unauthorised third parties are aware of the password. Unauthorised third parties are not such persons who utilise storage, which forms the subject matter of the agreement, with the knowledge and agreement of the customer.
3.3 Customers shall provide assurance that they do not enter any contents, which infringe legal regulations, third party personal rights and trademark rights or morality. Customers must in particular heed the data protection provisions to the benefit of the users.
3.4 In the event of an infringement of the above condition, customers are obliged to refrain from all further infringements, to compensate Laika Digital Ltd for the resultant or resulting loss and to indemnify and exempt Laika Digital Ltd from third party claims for damages and the reimbursement of expenses caused by the infringement. The exemption obligation also extends to the obligation to fully exempt Laika Digital Ltd from all legal defence costs (costs for courts, lawyers, etc.).
3.5 This does not affect Laika Digital Ltd’s right to take further measures, in particular to bar the contents and to issue an extraordinary notice of termination.
4 Temporary Bar
4.1 Laika Digital Ltd is entitled to disrupt the connection between the stored data and the internet on a temporary basis (barring of the system) if sufficient indications in respect of illegal contents of the stored data exist, in particular as the result of a warning by a supposed infringed party, unless this is obviously unfounded, or as the result of investigations by state authorities. The bar shall be restricted to the supposed infringing contents, if possible. The customer shall be informed of the bar and should be given the reason. The customer shall also be requested to remove the supposed illegal contents or to present their legality and prove it, if necessary. The bar shall be removed as soon as the suspicion has been invalidated.
4.2 If the customer operates programs on the rented storage space, which could negatively impact or, due to known security flaws, threaten the operating characteristics of the systems of Laika Digital Ltd or its agents, Laika Digital Ltd is entitled to immediately bar the offer of the customer.
The bar shall, if possible, be restricted to the programs causing the negative impact. The customer shall be informed immediately of the bar and should be given reasons.
4.3 Laika Digital Ltd is further entitled to temporarily disrupt the connection between the stored data and the internet if the customer, on two successive occasions, defaults in paying the agreed fee or a significant part thereof. Laika Digital Ltd shall inform the customer that it intends to execute a bar at least 48 hours prior to actual execution. After payment of the arrears, Laika Digital Ltd shall immediately remove the bar.
4.4 Despite the bar of an offer for one of the above mentioned reasons, the customer is obliged to pay the agreed fee, even for the period where the bar applies.
5 Disruption of Availability, Other Defects
5.1 If disruptions of system availability occur, the customer shall inform Laika Digital Ltd of this immediately. Laika Digital Ltd shall attempt to remove the disruption of availability immediately.
5.2 In the event of long-term, substantial defects of storage, Laika Digital Ltd is entitled to remove the defects within a period of grace of 14 days granted by the customer. If a substantial defect cannot be removed within the period of grace, the contract partner can reduce the fee payable.
6 Additional Liability Provisions
6.1 Laika Digital Ltd is not responsible for the content of the customer’s saved data or the saved contents. Laika Digital Ltd also does not accept liability for damage suffered by the customer due to alterations of the saved data by the customer or other internet users.
6.2 In addition, Laika Digital Ltd is not liable for any damages caused by the circumvention of password protection and similar protection facilities through “hacking” on the server used by the customer. Laika Digital Ltd and the customer are both informed of the fact that a binding assurance regarding the security of these protection facilities is not possible due to the manifold opportunities of unauthorised third parties to influence the system in and via the internet.
7.1 The web hosting fees are payable by the customer in advance, at the beginning of the billing period, following invoicing. Failure to pay the hosting invoice within 21 days of receipt will result in interest being added to the bill daily until the invoice is paid. Failure to pay within 30 days of receipt of invoice will result in website access being withdrawn until invoice is settled. Laika Digital will not be held responsible for any loss of earnings.
7.2 The agreed flat rate comprises an individually agreed volume of storage and monthly data transfer volume. In the event that the agreed volumes are exceeded, the customer shall pay an additional fee. Laika Digital Ltd shall inform the customer that the volumes have been exceeded immediately after determining this, at the latest, however, when sending the next regular invoice. If such information is not provided, the obligation to pay the additional fee no longer applies.
8.1 The agreement is concluded for an indefinite period.
8.2 The agreement can be terminated by both parties to the end of an annual billing period. The notice of termination must be received by the respective recipient at least two months prior to the day that it should become effective. This does not affect the right of the contract partners to issue a termination for cause.
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