Special terms for dedicated server
Applies from 30 June 2004.
Section 1 - General
These terms regulate the relationship between the Customer and Crystone AB (“Crystone”) for hiring a personal server (“the Service”) and apply over and above the General Agreement for co-location.
Section 2 – Agreement period
This agreement is a supplement to the General Terms and apply during the period the Customer subscribes to the Service. The Customer is bound to an initial period of eighteen (18) months, after which the agreement runs quarterly.
Section 3 – Crystone’s service liabilities
Crystone is responsible for ensuring that the server will work with the basic installation of the operating system that is requested on the order. After that, Crystone’s liability is limited to hardware only. Crystone does not administrate operating systems or software on the server without a special agreement.
If the hardware fails, Crystone shall promptly exchange the failed hardware with comparable hardware. If Crystone does not have the needed part in stock, it will be ordered from the vendor. Delivery time cannot be considered a service interruption. The Customer can contract with Crystone to have hardware on hand. Crystone shall initiate troubleshooting within eight (8) office hours. Crystone is not liable for software or operating system errors.
Section 4 – The Customer’s service 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 also liable for all information published through the Service. The Customer may not sell websites, which could result in loss of sales for Crystone. Each account holder shall, via Crystone, order and pay for its use of Crystone’s services.
Different forms of continuous FTP file transfers, or for that matter ASP 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 determines the functions covered by this paragraph occasionally.
The Customer must not publicly reveal the user name and/or password for the Service and is not entitled to conduct file storage operations beyond what can be deemed necessary for personal requirements. Crystone makes this assessment.
The Customer is responsible for backup, maintenance, and security.
Section 5 - 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 to be 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.
With respect to section 4, paragraph 7 of this agreement, Crystone opposes all forms of file depots relating to both programs and music.
Section 6 – 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 7 - Disputes
Disputes regarding interpretation or application of this agreement shall be determined in the Swedish courts in accordance with Swedish law.