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Service and Usage Agreement

HomepageService and Usage Agreement
Illegal use[v2 04/2017]

[1] All types of Illegal use

1.1 ONEXS 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.

1.2 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 ONEXS or its agents, ONEXS 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.

1.3 ONEXS 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. ONEXS shall inform the customer that it intends to execute a bar at least 48 hours prior to actual execution. After payment of the arrears, ONEXS shall immediately remove the bar.

1.4 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.

Servers Policies[v2 09/2018]

[1] VPS Cloud/Dedicated Servers Agreement

Below are the terms for both physical/virtual and cloud related services

1.2 ONEXS 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 ONEXS 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. ONEXS does not accept liability for successful access to the respective website, insofar as networks are used that are not exclusively operated by ONEXS or its direct contractors including their interfaces to third-party networks.

1.4 ONEXS 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. During these maintenance times ONEXS 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 ONEXS shall endeavour to render the systems available via internet for at least 98.5% of the annual operating time (availability).

1.6 ONEXS shall execute an automatic back-up of the stored data on a daily basis. The back-up copies shall in general be stored for a period of 60 days.

[2] Supplementary Services

2.1 Domain registration: on request, ONEXS will register domain names on behalf of the customer with the respective issuing body. The customer authorises ONEXS 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 ONEXS. ONEXS shall not accept liability and provides no guarantee in respect of the assignment of the domain name orders. The Customer shall indemnify ONEXS against any third party claims in respect of the domain name selected.

2.2 Establishment of access statistics: ONEXS 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: ONEXS 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). ONEXS 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)

Legal[v3 01/2018]

[1] Term

1.1 The agreement is concluded for an indefinite period.

1.2 The agreement can be terminated by both parties to the end of a quarter. 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.

Barring of account[v2 04/2017]

[1] Obligations while affiliate Antler

1.1 ONEXS 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.

1.2 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 ONEXS or its agents, ONEXS 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.

1.3 ONEXS 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. ONEXS shall inform the customer that it intends to execute a bar at least 48 hours prior to actual execution. After payment of the arrears, ONEXS shall immediately remove the bar.

1.4 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.


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