§ 1 General

1.1 These terms and conditions govern the relationship between the Customer and Miss Hosting AB, bus. reg. no 556732-5336 (hereinafter referred to as Miss Hosting), regarding subscription services ("The Service”) such as Web hosting, Domain registration, Site builder and additional services that Miss Hosting delivers from time to time.

1.2 The Customer can be an authorised natural person or a legal entity.

§ 2 The Service

2.1 The service involves the Customer leasing part of Miss Hosting's shared server environment.

2.2 Miss Hosting supplies free support for the Service during the period of the agreement via phone, email and information on Miss Hosting’s website.

2.3 The Customer is responsible for the use of its space and ensures that all material uploaded to the server is relevant to the homepage. The Customer may not use its space for a so called file service or storage space.

2.4 If the Customer uses an excessive or suspected large flow of data, Miss Hosting is entitled to start a pre-investigation of the Customer regarding the source of this traffic flow.

2.5 The Customer is liable for hosting only its own homepages on its web hosting site and is not permitted to host other company’s websites or those of private individuals, bloggers or e-commerce entities in one and the same web hosting package.

§ 3 Period of Agreement for the Service

3.1 The agreement is valid for the period that the Customer has chosen at the time the order was placed - starting from the date that the confirmation was issued by Miss Hosting.
After termination, any files that were stored through the service with Miss Hosting are saved for an additional 2 weeks.

3.2 Miss Hosting complies with the Distance and Doorstep Sales Act (SFS 2005: 59) which means that the Customer has the right to withdraw from the Agreement if this has been entered into by means of distance communication, e.g. via the Internet, by notifying Miss Hosting of this within 14 days, or 7 working days, from the date that the Customer receives the order confirmation (the “Withdrawal Period”). The withdrawal period is cancelled, however, if the Customer has begun to use the Subscription during the withdrawal period. Miss Hosting supplies separate information regarding this at the time the agreement is confirmed.

3.3 The Web Hosting service is provided for a period of 45 days under an open purchase and in this case the entire amount is refunded (except the cost for Domain registration and SSL Certificate).

3.4 The Agreement is terminated upon written notification via Miss Hosting’s Customer Service or by using the termination feature in the control panel. In the event of termination, the customer number and domain name must be provided. If a correct notice of termination is not received, the invoice for the subsequent period must be paid.

3.5 Either party is entitled to terminate the agreement, in writing, by letter, fax or email, with immediate effect if the other party commits a serious breach of the agreement and, insofar as rectification is possible, no rectification takes place within 14 days after written request by letter, fax or email with reference to this provision. The same applies if a party is declared bankrupt or is liquidated, is subject to composition proceedings or is otherwise obviously insolvent.

§ 4 Fees for Subscription

4.1 Fees for the Service are levied in the form of advance payment against an invoice or direct payment by means of a Bankgiro or bank card according to the period the Customer has chosen when placing the order. Payment is due net 30 days after the date of the invoice.

4.2 Miss Hosting has the right to shut off the Service if the Customer fails to make payments within the stipulated time period or does not make full payment, provided that at least one written payment reminder or warning has been sent to the Customer, by letter, fax or email. In the event that the Service is shut off, Miss Hosting has the right to provide notification of such via the Customer’s homepage or by means of email. When re-activating the Service, the Customer is debited for a start-up fee.

4.3 Penalty interest is paid as per the Swedish Interest Act as from the due date and until payment has been made.

4.4 The Customer shall, within 10 days from the date that the Customer has received the invoice, notify Miss Hosting if the Customer feels that the invoice is incorrect. If the Customer has submitted objections to the invoice within the stipulated time, and submitted factual grounds for said objection, Miss Hosting shall allow for a delay in payment of the disputed amount. If such delay is allowed, penalty interest shall be applied to that portion of the disputed amount that the Customer is obligated to pay.

4.5 Temporary promotional prices do not affect the agreement.

4.6 There is no refund of fees for domain name.

4.7 In the event the agreement is terminated by the Customer or Miss Hosting as a result of a breach of the terms and conditions, the fees already paid for current or future periods will not be refunded.

4.8 Miss Hosting has the right to transfer invoices to credit companies who then take over the debt/s of the Customer. This applies even if the customer is not late with payments.

4.9 All invoices which are sent from Miss Hosting are sent by means of email. We do not send invoices by regular mail.

4.10 Saved credit cards will be debited the same day that the Service is renewed. No refunds are given if the Service is not terminated properly.

§ 5 Transfer of Service

5.1 The Customer may transfer the Service upon consent by Miss Hosting. A transfer of the Service shall be carried out according to the regulations which apply at the time. A transfer enters in effect from the date on which Miss Hosting notifies the Customer that such consent has been given. The withdrawing party is not responsible for liabilities incurred after a transfer has been made. The acceding party is not liable for liabilities incurred before a transfer has been made. The withdrawing party is liable for settling any outstanding debts to Miss Hosting before the acceding party can take over the Service.

5.2 Miss Hosting may transfer the Service to another company which can reasonably be expected to comply with the rights and obligations that Miss Hosting has to the Customer.

§ 6 Liabilities of Miss Hosting

6.1 Miss Hosting is entitled to take actions affecting the availability of the Service if such is warranted for technical, maintenance, operational or security reasons, or by law, authority or decision taken by the competent registrar of relevant top-level domains or by an authorised organisation designated by such a registration entity.

6.2 Miss Hosting does not control any information or material contained in the Customer's storage space, and Miss Hosting is thus not liable for direct or indirect damage caused by the Customer's actions or defects in the Customer's applications. Neither is Miss Hosting liable for damages which arise in connection with an infringement of the Customer’s service.

6.3 Miss Hosting is only liable for damages caused by negligence on the part of Miss Hosting or its contracted sub-suppliers. Miss Hosting's liability, unless intentional or gross negligence from Miss Hosting's side caused the damage, shall be limited to direct losses to a total amount corresponding to the fee for the current agreement period. Miss Hosting is not liable for indirect damages such as loss of information and not for disruption of information as a result of a third party’s unauthorised intrusion in Miss Hosting’s computer resources.

6.4 Miss Hosting does not delete the Customer’s information as long as the Service is active unless the Customer submits such a request in writing and confirms its identity. Miss Hosting reserves the right, however, to move information for technical reasons to another data media.

6.5 Miss Hosting treats all customer information as confidential and in accordance with the Swedish Personal Data Act in order to protect the integrity of the Customer. However, Miss Hosting has the right to publish information as per a top level registrar’s “WHOIS” policy and to provide information to government authorities who request such information by law.

6.6 Miss Hosting’s liability for damages only extends to compensation for direct loss and is limited to a maximum of the amount that the Customer has paid to Miss Hosting over the course of twelve (12) months as per applicable agreement. Such compensation is not paid in the case of indirect damage such as a decrease in production or sales in the Customer’s business.

§ 7 Customer’s liability

7.1 The Customer is liable to Miss Hosting for ensuring that the information handled within the Service does not infringe on third party rights or otherwise violate applicable legislation.

7.2 The Customer undertakes not to use resources or seek unauthorised access to Miss Hosting’s system which is not intended for the Customer and does not in any other way act in conflict with applicable legislation during the use of the Service.
The Customer also commits not to spread computer viruses or other forms of malicious code. Miss Hosting has the right to shut off the Service and/or terminate the agreement with immediate effect and submit a claim for damages if it can reasonably be assumed that a continued spread of a virus or malicious code is in contravention of the law or other statutory authority, or if the information otherwise clearly conflicts with the terms and conditions as set out in this agreement.
This also applies if Miss Hosting suffers from operational disruptions which can reasonably be assumed to be caused by faults or technical disruptions which are attributable to the Customer. Miss Hosting has the right to review all information handled in the Service in order to be able to fulfil the rights and obligations as set out in this agreement.

7.3 The Customer undertakes not to use more of the resources than agreed-upon. In the event that this should happen, Miss Hosting is entitled to bill the Customer for the actual costs which accrue to Miss Hosting as a result of this. Billing can also be done retroactively. Miss Hosting also has the right to draw up a rolling contract involving monthly or quarterly debiting for resources and usage of capacity.
The Customer also agrees not to use more CPU power or disc capacity (reading and writing to disc) than what is considered reasonable. In the event that this happens, Miss Hosting is entitled to debit the Customer for the actual costs which accrue to Miss Hosting as a result of this. Debiting can also be done retroactively.

7.4 If a Customer sends out spam or larger email blasts than what Miss Hosting considers to be normal, Miss Hosting has the right to shut the Customer’s services off with immediate effect. Miss Hosting’s guidelines are 300 email messages per hour from our IP addresses.

7.5 The Customer is responsible for the software that is required for using the Service at Miss Hosting.

7.6 The Customer is responsible for all material on the homepage and the domain name. In the event that there is a suspicion of the use of illegal material and/or business being conducted, Miss Hosting has the right to shut off the Service.

7.7 The Customer is responsible for its own materials and files on the space. In the event of lost or destroyed materials, Miss Hosting can perform a reset. In the event of a reset of a backup, an administrative fee of SEK 950 is levied for each hour commenced.

7.8 The Customer is responsible for ensuring that information provided at registration is correct. If the Customer uses incorrect (false) information when registering, Miss Hosting can demand proper identification and a copy of the credit card used for ordering. If the Customer is unable to present this, Miss Hosting has the right to shut off the Service and terminate the Customer account.

7.9 The Customer is responsible for the domains which are entered and administered under the web hosting account belonging to the Customer.

§ 8 Administration

8.1 The Customer must always have the correct, updated information registered with Miss Hosting which can identify the Customer, including the necessary contact information.

8.2 It must be clear on the websites which natural or legal person is responsible for the publication of the sites.

§ 9 Domain name

9.1 For .SE & .NU domain names, the general terms and conditions of the IIS (Internet Foundation in Sweden) apply. This agreement is available on the IIS website, http://www.iis.se/. Upon approval of this agreement, the terms and conditions of the IIS will also be approved.

9.2 Miss Hosting is always listed as Admin, Tech and Billing contact when registering a domain name.

9.3 Miss Hosting does not guarantee that domains are registered until a confirmation email has been sent to the customer. In the event that Miss Hosting fails to register the domain, the Customer is offered a new registration of a domain name of the same value.

9.4 Miss Hosting does not register domains until payment of the invoice has been received.

9.5 .SE Domain
For SE domain names, the terms and conditions of the IIS apply. This agreement is available on the IIS website, http://www.iis.se/. Upon approval of this agreement, the terms and conditions of the IIS will also be approved.
Subregistrar: MissDomain Group AB
Registrar: NameISP AB
Registry: IIS
https://www.iis.se/domaner/registrera/se/villkor/
Other regulations that apply for .SE domains:

  • Miss Hosting has the right to move the customer’s domains between suitable registries.
  • Miss Hosting has the right to handle the customer’s domain name/s using the most suitable registry.

9.6 .NU Domain
For NU domain names, the general terms and conditions of the IIS apply. This agreement is available on the IIS website, http://www.iis.se/. Upon approval of this agreement, the terms and conditions of the IIS will also be approved.
Subregistrar: MissDomain Group AB
Registrar: NameISP AB
Registry: IIS
https://www.iis.se/domaner/registrera/nu/villkor-och-regler/
Other regulations that apply for .NU domains:

  • Miss Hosting has the right to move the customer’s domains between suitable registries.
  • Miss Hosting has the right to handle the customer’s domain name/s using the most suitable registry.

§ 10 Operating disruptions

10.1 In the event of a major disruption of services, the Customer is entitled to request compensation within the limits of what the Customer pays. Compensation is primarily arranged in the form of a free extension of the Service. By major disruptions is meant sustained or extensive disruptions during a twelve (12) hour office hour day (non-holiday Monday - Friday, 8 am-5 pm) for a period of thirty (30) days. Requests for compensation must be received a maximum of seven (7) days after the end of the thirty (30) day period. Scheduled interruptions are not considered as disruptions.

§ 11 Security policy/Personal data

11.1 When placing an order, the Customer agrees that all personal data, including email address, mobile phone number for calls and SMS text messaging, as well as other digital addresses, can be stored and used within Miss Hosting for digital services and marketing. This also includes statistics and analysis.

§ 12 Force Majeure

12.1 If a Party is prevented from performing its obligations under this Agreement due to circumstances beyond the control of a party, such as lightning, flood, burglary, labour conflict, fire, seizure, government regulations and failure or delay in service from a subcontractor due to circumstances referred to herein, this shall constitute a basis for exemption which results in the advancement of the date of performance. If the performance of the agreement has been substantially prevented for a period of more than one month due to the above circumstance, each party is entitled to withdraw from the agreement in writing without obligation to pay compensation.

§ 13 Disputes

13.1 Disputes with regard to the interpretation or implementation of this agreement shall be settled by a Swedish court under Swedish law.

§ 14 Amendments to the agreement

14.1 Miss Hosting is entitled to make changes to these terms and conditions with effect from 30 days after the new terms and conditions have been published and communicated to the Customer. Such changes may be made if called for due to technical reasons beyond Miss Hosting's control, or due to legislation or other governmental decisions. The Customer is always entitled to terminate the Agreement at the time of entry into force of the updated Terms and Conditions.

General Terms & Conditions VPS/Dedicated Server

Our general terms & conditions are designed to protect you, the customer!

§ 1 General

1.1 These general terms & conditions govern the relationship between the Customer and Miss Hosting AB, bus. reg. No. 556732-5336 (hereinafter referred to as Miss Hosting), with respect to subscription services ("the Service") such as Web Hosting, Domain Registration, Sitebuilder, and additional services that Miss Hosting delivers from time to time.

1.2 A customer may be an authorised natural person or legal entity.

§ 2 The Service

2.1 The Service refers to the Customer leasing a VPS or Dedicated Server in Miss Hosting's Server hall.

2.2 Miss Hosting supplies Support, within limits, which includes OnApp and Control panel cPanel. Application and OS support is not included as standard in the Miss Hosting Support agreement for the VPS and Dedicated Servers.

2.3 The commitment period is 12 months unless otherwise agreed upon when ordering.

§ 3 Payment and invoicing

3.1 The cost of the Service is invoiced on a regular basis as per the written agreement, 10, 20 or 30-day invoicing terms depending on monthly, quarterly or annual invoicing. In the case of late payment, Miss Hosting has the right to charge a fee for collection costs. In the event of non-payment, Miss Hosting has the right to turn the Service off until payment is made.

§ 4 Termination

4.1 Notice of termination must be submitted in writing to Miss Hosting's Customer Service after the term of the agreement has expired. In the absence of a notice of termination, the agreement is automatically renewed on a quarterly basis (3 months).

§ 5 Customer liability

5.1 The Customer is fully liable for the material and the information used by the service, regardless of whether the information is posted by the Customer or by another party. The Customer is therefore responsible for ensuring that the information affiliated with the Service does not encroach upon the rights of third parties or violate Swedish laws. If the customer provides third parties access for storage or usage, the customer is still responsible for all content.

5.2 The customer is liable for damages which occur if the Customer is subjected to hacking activities or DDOS attacks (Denial of Service). In the event that a Customer, deliberately or unintentionally, exposes Miss Hosting's IP networks, systems, or other Customers to risks, heavy traffic, etc., Miss Hosting has the right to immediately shut down the Service and subsequently notify the Customer.

5.3 The Customer is liable to keep the Customer's address, phone and email information current in Miss Hosting's Customer Registry.

5.4 The Customer shall indemnify Miss Hosting for claims that may be directed against Third Party as a result of the Customer's use of the Service.

§ 6 Miss Hosting's liability

6.1 Miss Hosting never conducts checks of information or material in the Service and Miss Hosting is therefore not liable for direct or indirect damages which may occur as a result of the Customer's actions or deficiencies in the Service. Neither is Miss Hosting liable for damages which may arise in connection with hacking of the Services.

6.2 Miss Hosting processes all information regarding Customers as confidential in order to protect the integrity of the Customer. Miss Hosting may disclose the Customer's information in response to a court order.

6.3 Miss Hosting's liability for property damage only includes compensation for direct loss and is limited to the maximum that Customer pays to Miss Hosting for 12 months under the current agreement. No compensation is paid for indirect damages, such as production shortfalls or sales downturns in the Customer's business.

§ 7 Usage of the Service

7.1 Miss Hosting reserves the right to prevent usage which encroaches on other users' space (overuse). In the event of overuse, Miss Hosting reserves the right to restrict the Customer's usage of the Service in a suitable manner and where appropriate, to shut the Service off. In the event of such restriction or termination, Miss Hosting will contact the Customer to notify them of the issue for the purposes of finding a solution.

7.2 Miss Hosting has the right to immediately terminate the Service and take other legal action if the Customer's use of the Service violates point 5.1 and/or 5.2, or if the Customer uses the Service in a manner which risks causing damage to Miss Hosting, without the Customer having the right to a refund of already-paid fees or other compensation.

§ 8 Damaged hardware (Dedicated Server)

8.1 Within normal office hours, Miss Hosting is obliged to replace damaged hardware, such as a damaged hard drive. In the case of damaged hardware, Miss Hosting undertakes to restore the system (software and hardware) to the same condition it was in during its initial installation without charge. This is only applicable if the defect occurs within two (2) years from the date the server was taken into service. After two (2) years, debiting is based on the tariff that is applicable for rectifying software and hardware problems.

§ 9 Support

9.1 Miss Hosting provides Support within certain limits; that which is included is OnApp and Control panel cPanel. Application and OS support are not included as standard in Miss Hosting's Support agreement for the VPS and Dedicated Servers service.

9.2 Managed Server can be purchased (Contact your Account Manager for prices) for expanded Support and SLA. Managed Server entails:

9.2.1 Installation assistance. We help with all setup, build name servers, install the server according to your requirements and configure any SSL, Apache, IIS and PHP/.NET functions.

9.2.2 Monitoring & Operation. We monitor the server 24/7 using our monitoring system, so that if anything should happen we can remedy it. For example, if the server would stop responding to port 80 so that all websites go down, one of our technicians will get a warning about this; that technician would go into the server and troubleshoot, whatever the time of day.

9.2.3 Support. You can, at any time, contact one of our technicians directly through our chat feature on our website, so you do not need to go through our support to speak directly with a technician if you have any questions regarding the Server or software on it.

9.2.4 Upgrading of Software. We are responsible for the software we deliver with the server, such as cPanel and CentOS. We ensure that these software programs are updated to the latest versions as soon as they are released.

§ 10 Other

10.1 Miss Hosting is entitled to make changes to the Additional Terms, with effect from 30 days after publication.

10.2 Handling of personal data regarding the Service is governed by the Agreement. Miss Hosting does not delete customer information as long as the Service is active, unless the Customer submits a written request to this end with proof of identity.

§ 11 Disputes

11.1 Disputes regarding interpretations or applications of this agreement and therewith any legal relationships shall ultimately be settled by an arbitrator under Swedish law. The arbitration procedure will take place in Stockholm, whereby Swedish law and the Swedish language shall be applied. The arbitrator shall apply the Swedish Code of Judicial Procedure related to litigation costs and voting. In those cases in which the amount in dispute does not exceed ten (10) times the amount cited at the time of the announcement of the arbitration procedure as per the Swedish National Insurance Act (1962:381), the dispute shall be settled in a Stockholm court. However, for past due unpaid claims for the service provided, a party has a right of appeal before a general court. Claims in respect of a particular agreement shall be made in writing to the other party no later than three (3) months after the claim has arisen.

§ 12 Operational disturbances

12.1 In the event of significant operational disturbances, the Customer has the right to demand compensation limited to the amount that the Customer has paid. Compensation is initially provided through a free extension of the Service. Significant operational disturbances are considered to be sustained or extensive disturbances for a period of twelve (12) hours of office time (non-holiday Monday - Friday, 8 am-5 pm) for a period of thirty (30) days. A request for compensation shall have been submitted a maximum of seven (7) days after the period of thirty (30) days. Scheduled interruptions are not counted as operational disturbances.

§ 13 Security policy/Personal data

13.1 When placing an order, the Customer agrees that all personal information, including email address, mobile phone number for calls and text messages, and other digital addresses, may be stored and used in Miss Hosting for digital services and marketing. Also for statistical and analytical purposes.

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These terms & conditions have been finalised on 22 January 2016



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