General terms for co-location services

Applies from 21 January 2005.

Section 1 – General
These terms regulate the relationship between the Customer (as per signature) and Crystone AB (“Crystone”) for the Co-location service (“Server”). There are Special Supplemental Agreements for some other services (“Services”). Rental of personal servers is regulated by the “supplemental agreement for hired servers”.

A 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. The Customer cannot extend the agreement between the parties to third parties.

Services covered by Special Supplemental Agreements are “Backup”, “Upgrade Guarantee”, “DNS”, “Email”, “Statistics”, and others. Crystone can provide these agreements on request and they are available when ordering these Services. Special Supplemental Agreements may also cover other Services. In those cases, such agreements are clearly indicated when ordering the Service. All other additional services shall be considered covered by this agreement.

The headings in this agreement shall only be seen as guidelines and have no reciprocal or other significance.

Section 2 - Scope
For clarification of which services are included in this agreement with Crystone, the Customer is referred to the order confirmation sent after the order was placed. Payment shall be made according to section 3, paragraph 1 of this agreement.

To facilitate the Customer, Crystone does not restrict certain services in some cases, and refers to these cases as unlimited. Crystone is entitled to set limits occasionally.

Equipment and resources in the IP network and other extents of this agreement are described in Appendix 1 of this agreement.

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

Section 3 – Agreement period
The agreement runs quarterly and is subject to three (3) months’ notice. Payment terms are quarterly in advance by invoice with ten (10) days net. If payment is not made by the due date, Crystone is entitled to turn the debt over to a collection agency and cease providing Services until payment has been received.

The notice period is three (3) months. Notice shall be given no later than three (3) months before a new agreement period begins. Such notices shall be sent by standard mail and signed by the person who is listed as the Customer’s contact in Crystone’s register. The Customer is responsible for keeping its contact information current. Cancellations shall be made on the prescribed form.

Reimbursement of fees paid are only made in those cases where cancellation is due to serious service interruptions for which Crystone is responsible. A fee equivalent to the duration of the interruption is reimbursed for service interruptions Crystone is responsible for. The amount to be reimbursed is based on the length and cost of the agreement.

Crystone is entitled to terminate the Services without notice if the account holder is held in breach of contract for any of the items in this agreement or accompanying special terms for the Services. Such a termination shall then be confirmed by a written termination.

Section 4 – Fees for services
Fees for Services are payable in advance by invoice according to the current price list. Prices at the time of acceptance of the agreement are indicated when ordering. If an invoice is not delivered on time for reasons beyond Crystone’s control, the Customer must pay the amount due on its own initiative.

Customers who neglect to pay will be locked out of their Services. Such lockouts may occur no earlier than three business days after the invoice due date. 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 procedure are added to the amount due.

The Customer shall inform Crystone at the earliest opportunity if the invoice appears to be incorrect. If this does not occur within thirty (30) 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.

There will be call charges from the account holder’s telephone company for connecting to Crystone, which lie outside Crystone’s control. Crystone charges an invoicing fee of SEK 45 plus VAT for each invoice except for electronic invoices.

Fee changes can only go into effect at the next agreement period. Fee increases shall be announced at least one (1) month before a new agreement period arises. 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 services
The Customer may transfer Services to another party after receiving approval from Crystone. The transfer and approval shall be made in writing. The outgoing Customer is not liable for debts incurred after the date of transfer. The incoming Customer is not liable for debts incurred before the date of transfer. Confirmation is also required from the incoming Customer. Transfers shall be made on the prescribed form.

Section 6 – Crystone’s liabilities
Crystone exercises no control over information or material found on the Customer’s server. Crystone is not responsible or liable 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 the Customer’s computer resources and obtains access to, destroys, or corrupts information. Crystone is not liable for any offensive information found on the Customer’s server.

Crystone never changes the Customer’s equipment without the Customer’s verbal or written approval. Crystone reserves the right to move equipment to another location in the server room. Crystone handles all information on customers 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.

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 to provide information on the Customer if this Customer identity verification cannot be made.

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.

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 Customer shall also follow other regulations that may be conditions for whole or partial access to the IP network. The Customer shall comply with all RFCs that deal with standards for protocols and services available through the IP network to the degree the services are used in the Customer’s equipment at Crystone.

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 server(s) in the form of correspondence by email, etc. Spam leads unconditionally to account closure without prior notice, but with the restrictions set in section 8.

The Customer is responsible for ensuring there is a high level of security on their equipment so that Crystone’s system or IP network resources cannot be compromised. The Customer is responsible for damages that occur if the Customer is a victim of hacking or denial of service (DOS) attacks. If the Customer intentionally or unintentionally subjects Crystone’s IP network, system, or other customers to risks, overloading, and such, Crystone is entitled to terminate the agreement effective immediately. This also applies if the risk is caused by the Customer or is targeted at the Customer by a third party through DOS attacks or the like. If Crystone terminates the agreement for reasons stated in this paragraph, the Customer is entitled to reimbursement of any previously paid fees but is not entitled to damages.

The Customer shall have licenses for the software used on its equipment, and the Customer is entirely responsible for this. Crystone is not liable to verify that such licenses exist; all installations are made at the Customer’s request. Such requests constitute confirmation of a valid license.

The Customer is also liable for all information published on its web pages.

Crystone retains the right to assess data transmissions from the Customer’s system so that Crystone can measure such use.

Section 8 - 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’ equipment (that which is publicly accessible). If the Customer is in breach of contract, we retain the right to block the information that is considered to be inappropriate. If it is a gross breach, the equipment can be completely or partially blocked from continued use in accordance with section 3, paragraph 4 of this agreement. If illegal information, software, or other material is discovered, the matter will be reported to the police. Otherwise, Crystone keeps information on and about the Customer’s equipment confidential.

The Customer is not allowed to send mass emailings without the recipients’ express permission. Sending spam, UCE, and flames is not allowed. Crystone requires the use of an “opt-in” policy. 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.

If the Customer is suspected of using system, network, or other resources in a manner that is not allowed by this agreement, Crystone is obliged to try to contact the Customer before any action is taken. In the cases of junk mail, virus infection, or other directly damaging or illegal data traffic, Crystone may deal with the service without first notifying the Customer, but such notification shall be sent to the Customer as soon as possible. The Customer is entirely responsible for ensuring that Crystone has access to an updated list of phone numbers where the Customer can be reached. If Crystone cannot reach the Customer or if the Customer chooses not to correct the error, Crystone is entitled to take measures, such as shutting down services completely.

If the Customer’s equipment, software, network, or IP resource uses Crystone’s IP network and/or system resources in a manner that limits Crystone’s or Crystone’s other customers’ possibilities of using the IP resources, Crystone is entitled to shut down the Customer’s services without prior notice. Prolonged misuse, DOS attacks, or repeated attempts to compromise the environment can lead to termination of services without prior notice and/or reimbursement.

Section 9 - 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 if they are not caused by hardware errors that Crystone has begun correcting, in which case the Customer is not entitled to reimbursement. Nor is reimbursement paid if the error is due to software for which the Customer is responsible. 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 from the time the Customer reports the error 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 11 - 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 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.

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 at the conclusion of the agreement 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.