General terms for web hotels, other subscriptions, and domain names

Applies from 5 April 2006. All prices mentioned are exclusive of VAT.

Section 1 - General
These terms govern the relationship between the Customer and Crystone AB (“Crystone”) regarding Web Hotels (“Subscriptions”) and the other Services provided by Crystone. There are Special Supplemental Agreements for some Services.

The Customer can be an individual of legal age or a legal entity. Minors are not allowed to place orders without the approval of a guardian; responsibility for the agreement falls to the guardian.
The agreement between the parties cannot be extended to further parties by the Customer.

Services covered by Special Supplemental Agreements are “Email List”, “Spam Protection” and “Outsourcing”. Crystone can provide such agreements on request and they are available when ordering these Services. Special Supplemental Agreements may also apply to other Services. In those cases, such agreements are clearly indicated when ordering these Services. All other additional services shall be considered covered by this agreement. This agreement does not apply to customers with co-location or dedicated servers. See “General Terms for Co-location” and “General Terms for Dedicated Servers”.

If a .SE domain is ordered at the same time, the agreement also covers the special agreement for .SE domains. This agreement can be obtained from Crystone or the Swedish Internet Infrastructure Foundation (“II Foundation”). Consequently, when ordering a .SE domain, the person accepting the agreement approves the terms and conditions of the II Foundation’s general terms for registration of domain names, and affirms the information stated in the domain name registration. For complete terms and conditions for .SE domains, contact Crystone or the II Foundation. All application documents for domain names and other services, electronic and physical, are saved by Crystone and kept available according to the guidelines of the Swedish Data Inspection Board.

If other domain names are included in the purchase, the respective supplemental agreement for the top domain shall also apply. These agreements can be read on Crystone’s website together with other terms. Hypertext links for them are available with the order form.

In cases where only domain names (no web hotel) are ordered, the following paragraphs apply:
“All of section 3; section 4, paragraph 4; all of section 5; all of section 6; all of section 7; all of section 8; all of section 9; and all of section 11 are excluded from the agreement. The Customer approves initiation of delivery when the order is placed and also approves a cancellation fee of SEK 180 plus an administrative fee of SEK 45  on cancellation. Registration of domain names occurs when payment is made in full, after which Crystone is no longer responsible for the domain name service. For technical reasons, if several domain names are ordered simultaneously, they will be invoiced separately with administrative fees per domain.” The Customer is not guaranteed a domain before the registrar’s WHOIS says that the Customer owns the domain.

Section 2 - Subscriptions
For clarification of which services are included in the Crystone Subscription, the Customer is referred to the invoice and/or order confirmation. Payment is to be made according to section 3, paragraph 1 of this agreement.
To facilitate the Customer, Crystone may not set limits for certain services in some cases, referring to them as unlimited. Crystone’s definition of unlimited is that the services are offered within reasonable limits for what the software and hardware can handle. Crystone is entitled to set these limits.

Crystone is entitled to do credit checks and internal accounting checks on persons or companies that the agreement applies to. Crystone is entitled to deny service to customers with insufficient credit or with an unacceptable payment history at Crystone. Crystone alone will determine whether the Customer is denied a subscription for the reasons stated above or for other reasons.

If the Customer wishes to cancel a service order that has been received and approved by Crystone, any and all domain name costs are to be paid along with an administrative fee of SEK 180.

Section 3 – Agreement period
The shortest commitment period is one (1) year unless agreed otherwise. Cancellation shall occur at least three (3) months before a new period, otherwise the subscription will be extended one (1) year.

If the Customer wishes to cancel a subscription without further payment, the cancellation must be made at least three (3) months before a new period. If this does not occur, the Customer’s subscription can be cancelled without further cost at any time during the period for the cost of a three (3) month payment and a fee of SEK 180. Any reminder fees and other late fees will be added to this.

Reimbursement for fees paid are only made in those cases where cancellation is due to changes in the general terms of the Subscription or Services or to serious service interruptions for which Crystone is responsible. A fee equivalent to the duration of the interruption is reimbursed for service interruptions, and the entire outstanding amount is reimbursed for changes to the general terms of the Subscription or Service. The amount to be reimbursed is based on the length and cost of the agreement.

If the Customer does not abide by the terms, Crystone is entitled to terminate subscriptions and services immediately. Such terminations shall be confirmed by a written explanation and termination after the fact if it does not relate to non-payment.

Section 4 – Fees for subscriptions and services
Fees for Subscriptions and Services are prepaid by invoice or cash payment. Customers who neglect to pay will be locked out of their Subscriptions and Services. Such lockouts may occur no earlier than three business days after the invoice due date. Crystone reserves the right to not save email, web pages, or other information if the Customer does not fulfil its financial obligations.

Penalty interest of 2.00% per month will be applied from the due date and until payment is made in full in accordance with the Swedish Interest Act. Charges that are not paid are turned over to a collection agency and costs for this action are added to the charges. In cases where the invoice is lost or does not arrive in time for reasons outside Crystone’s control, the Customer shall make the payment on his own initiative. Crystone charges SEK 45 in administrative fees for each invoice.

The Customer shall inform Crystone at the earliest opportunity if the invoice appears to be incorrect. If this does not occur within ten (10) days after the invoice date, the Customer loses the right to dispute the invoice. If the account holder has objected to the invoice in good time and presented good cause against the charge, Crystone shall allow a deferral in payment of the disputed amount. If payment is deferred, penalty interest on the part of the disputed amount that the account holder is liable to pay will be excluded.

If the invoice is still not paid after locking an account, Crystone is entitled to terminate the agreement immediately and without prior notice. The Customer is charged according to the current price list for reopening a closed account. The opening of a cancelled account is also charged according to the current price list.

There will be call charges from the account holder’s telephone company for connecting to Crystone, which lie outside Crystone’s control. Fee changes can only go into effect in connection with a new agreement period. Fee increases shall be announced at least one (1) month in advance. Fee reductions need not be announced in advance. When fees are increased, the account holder is entitled to cancel the agreement in writing effective on the date of the increase. Temporary campaign prices do not affect ongoing agreements.

Section 5 – Transfer of subscriptions
The Customer may transfer the agreement after approval by Crystone. The transfer and approval shall be in writing and on the form provided by Crystone, which is available on Crystone’s website. The outgoing account holder is not liable for payment of charges incurred after the date of transfer. The incoming account holder is not liable for payment of charges incurred before the date of transfer. Confirmation is also required from the incoming account holder.

Section 6 – Crystone’s liabilities
Crystone exercises no control over information or material found on Crystone’s servers. Crystone is not responsible or liable for damages for direct or indirect damages and financial losses due to errors, delays, defects, interruptions, non-deliveries of data, insufficient availability, or similar circumstances or events. Nor is Crystone liable for damages if someone hacks into Crystone’s computer resources and obtains access to, destroys, or corrupts information. Crystone is not liable for any offensive information found on Crystone’s servers.

Crystone never deletes the account holder’s information, but we reserve the right to move the information to another location in our computer system. When a Subscription is cancelled, Crystone redirects incoming email for up to thirty (30) days. If the Subscription was cancelled due to non-payment, incoming email is not redirected. Unpaid email boxes can be deleted, as well as web pages and other information stored on Crystone’s servers.

Crystone handles all Customer information confidentially in order to safeguard the Customer’s integrity. However, Crystone can be ordered by mandatory injunction to submit said information to the authorities concerned.

Crystone’s liability is limited to property damages caused through gross negligence by Crystone. Crystone’s liability for property damages only covers compensation for direct loss and is limited to one-fourth of the base amount per year according to the Swedish National Insurance Act (1962:381), regardless of the extent of damages occurring during the year. Compensation is not paid in any case for indirect damage, such as profit loss, diminished production or business sales, prevention of debts to a third party being met, or non-use of the agreement.

Crystone makes regular backups of the account holder’s files, but presumes that the account holder has a backup on hand if any of the events named in section 6, paragraph 1 of this agreement occur. Crystone does not back up email files, not even IMAP, since these are of a variable nature, and it is difficult to guarantee specific content. We recommend that customers make such backups themselves.

The Customer must be verified by phone using the Control Panel password and user name or a specific code word in order to make changes to the Customer’s account information. The code word can only be changed if the Customer has been verified with the Control Panel user name and password. Otherwise, information changes can only be made by letter signed by the Principal Contact or Invoice Contact. Crystone is entitled to refuse to change information or provide information about the Customer if this Customer identity verification cannot be made.

When applicable, Crystone is required to take over DNS responsibility for domains in order to ensure that work on the IP network will not affect the Customer’s services or accessibility.

Section 7 – Customer liabilities
The Customer is obligated to follow Swedish and international law. This also applies to linked objects that conflict with these laws. The account holder shall also follow other regulations that may be conditions for using all of or parts of the IP network. The Customer will not access the resources connected to the IP network in its entirety, nor at Crystone, without authorisation.

The Customer is liable for all dealings via its account(s) in the form of correspondence by email, etc. Spam leads unconditionally to closure of email services, and web services in so far as Crystone deems it necessary, without prior notice. Services offered can sometimes be constrained so that the Customer must use a specific version of a specific software program. It is the Customer’s responsibility to obtain such updates. It is also the Customer’s responsibility to ensure that the Customer has the necessary technical equipment for using Crystone’s available services (which can change from time to time). Since services are continuously being developed and modernised, the Customer should always be careful to use the latest versions of programs in order to utilise the services offered. The Customer is responsible for having the necessary software for using the services.

The Customer is also obligated to compensate Crystone for all costs that arise if the Customer misuses the system or in any other way causes damage to Crystone or Crystone’s other customers, regardless of whether it occurs due to negligence, ignorance, or conscious deeds.

The Customer is also liable for all information published on its web pages or in its directories. The Customer may not sell websites, which could result in Crystone losing sales. Each account holder shall, via Crystone, order and pay for its utilisation of Crystone’s services. The account holder may not sell or give away email addresses without Crystone’s permission.

The account holder is not entitled to use system resources beyond its own needs. That is, the account holder cannot develop services that are not relevant to the functionality of its own domain or website. For example, free services that are offered to visitors to the account holder’s website that give the visitor an opportunity to use the account holder’s system resources for personal purposes beyond a website visit, but that do not represent an added value for the visit, are not allowed and entitle Crystone to cancel the agreement in accordance with section 3, paragraph 4 of this agreement.

The Subscription allows occasional traffic intensity as stated in the Subscription. This does not include personal updates and email. Traffic generated by visitors is especially cumbersome to traffic intensity. Crystone retains the right to evaluate the individual account holder’s number of visitors, and the intensity of traffic accordingly, in order to retain Crystone’s good bandwidth conditions so that other account holders do not incur damages. Correspondingly, Crystone is also entitled to terminate the account for the same reasons stated in section 5, paragraph 5 of this agreement.
Different forms of continuous FTP file transfers, or also for that matter web services applications, to Crystone’s system that are not related to web page updates, such as web cam functions that update images every 30 seconds, are not allowed. Crystone occasionally determines the functions covered by this paragraph. The Customer is not entitled to establish file, music, streaming media, video, or program archives, nor other bandwidth-intensive applications.

In exceptional cases, the Customer can manage its own DNS. The Customer is then responsible for keeping updated with operational information that can affect the availability or operability of services.

Section 8 - Operation & maintenance
Service interruptions or traffic-stopping errors with a continuous duration of more than eight (8) hours entitle the Customer to a fee reduction. The reduction will be in the form of credit and will apply in lieu of any compensatory damages or other sanctions. The reduction shall amount to 0.5% of the fee for each whole hour over eight (8) hours of the interruption or stoppage within normal service hours (ordinary weekdays, Monday-Friday, 08:00-17:00). The interruption or stoppage period is calculated starting from the time the error is reported by the Customer until the error has been corrected. The total reduction is limited to the fixed fee for the month in question. If service interruptions, malfunctions, or traffic errors in a month occur to an extent that results in entitlement to a maximum reduction, the Customer is entitled to cancel the agreement in writing. A reduction as stated above will not be made for interruptions or stoppages that can be attributed to the Customer, such as with improper use. In such cases, Crystone retains the right to charge for reimbursement of costs for corrective measures taken at the current rate for each instance. Interruptions that occur during periods of planned maintenance of the network or the like shall not be deemed service interruptions. Such maintenance shall, as far as possible, be implemented from 17:00 on Friday through 08:00 on Monday, or at other times as announced in operations messages. To the extent possible, Crystone shall inform the Customer before any extensive measures are taken.

Section 9 - Policies
Crystone does not wish for its customers, nor itself, to be linked to any irresponsible use of the Internet. Therefore, Crystone reserves the right to open consideration of the paragraph below.

Crystone is allowed to monitor information on our customers’ storage space. If the Customer is in breach of contract, we retain the right to block the information that is considered inappropriate. If it is a gross breach, the account holder can be completely or partially blocked from continued use in accordance with section 3, paragraph 4 of this agreement.

Maintenance and management of material is to be performed by the Customer via FTP unless otherwise stipulated by supplemental agreement. The Customer can delegate administration of the layout, updating, etc., to another person or organisation. This does not limit the Customer’s liability. With respect to section 7, paragraph 7 of this agreement, Crystone opposes all forms of file depots relating to both programs and music.

Directing domains to sub-directories using ASP or other technologies available to the Customer through Crystone’s system is not allowed. Email messages are only saved for 200 days on Crystone’s server unless otherwise specifically agreed in accordance with the email agreement.
The Customer is not allowed to send mass emailings without the recipients’ express permission. Sending spam, UCE, and flames is not allowed. Crystone AB determines what is covered by this paragraph on a case-by-case basis when mass emailings are performed or brought to our attention. The maximum number of recipients for individual emailings is one hundred (100) plus a personal copy unless otherwise agreed. Crystone is entitled to terminate the agreement with the Customer if the Customer sends mass mailings. In these cases, the Customer is not entitled to reimbursement and is liable for any costs that arise for Crystone. If the Customer sends spam, mass mail or flames, Crystone is entitled to charge SEK 5 (plus VAT) for each message up to 1,000 messages and SEK 2 (plus VAT) per message thereafter.

The Customer is not allowed to publish material with sexual content or such material that may be considered offensive or otherwise inappropriate. Crystone makes such determinations occasionally.

Crystone uses industry standard real time blacklists (RBL) to protect customers from spam. These lists specify host computers and email addresses that are not allowed to send email to our email servers because they have been or are being used for spam/junk mail. Crystone has no control over the contents of these RBLs.

Section 10 - Confidentiality
Applicable terms of confidentiality for services are applied to each time period. Crystone may provide customer information and email addresses to others if the Customer has not requested that the information remain confidential. Crystone does not provide account information if an identity cannot be verified. A special agreement on the safeguarding of information is available.

Section 11 – Changes to service
Crystone retains the right to make structural, proportional, and functional changes to services. Crystone is obligated to, at least one (1) month in advance, inform the Customer of changes that have a substantial impact on the contracted service if it can be seen as a disadvantage for the Customer. This may be done on Crystone’s website. If the change as indicated above puts the Customer at a significant disadvantage, he is entitled to cancel the agreement in writing during the agreement period effective from the date the change occurred.

Section 12 – Changes to terms
These general terms will remain in effect until further notice. It is the Customer’s responsibility to monitor changes to this agreement on our website. www.crystone.se. If changes as indicated above put the Customer at a significant disadvantage, the Customer is entitled to cancel the service in writing during the current agreement period effective from the date the change occurred. Such cancellations can be made no later than on the previously mentioned date. Other notifications of term changes is not necessary. Crystone is also entitled to transfer the agreement to others.

Section 13 – Force majeure
Crystone shall be exempt from liability for damages and other sanctions if fulfilment of the agreement is prevented or obstructed by circumstances such as war, government intervention, civil unrest, energy supply restrictions, labour disputes, embargos, restrictions, revocation of licenses, accidents, unfavourable transport or weather conditions, or non-delivery from subcontractors, which Crystone could not reasonably foresee when the agreement was concluded and whose consequences Crystone could not avoid or overcome.

Section 14 - Disputes
Disputes regarding interpretation or application of agreements and their related legal relationships shall ultimately be decided by arbitrators in accordance with Swedish law. The arbitration procedure shall take place in Norrköping, Sweden, and Swedish legislation and the Swedish language will be used. The arbitrators shall apply the rules of the Code of Judicial Procedure regarding legal costs and voting. For cases where the disputed amount is less than ten (10) times the amount as per the Swedish National Insurance Act (1962:381) on the date the arbitration procedures were called for, the dispute shall be decided by the Norrköping, Sweden, district court. For overdue unpaid debts for services received, however, a party is entitled to start legal proceedings. In order to be valid, claims referring to certain agreements shall be submitted in writing to the other party no later than three (3) months after entitlement to a claim arose.