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Terms of Service Agreement

Last updated: May 22, 2021

Please read these Terms of Service carefully before using the Services. These Terms of Service apply to all users of the Services.

1 - Eligibility & Registration

1.1 The Services are not targeted towards, nor intended for use by, anyone under the age of 16. By using the Services, you represent and warrant that you are 13 years of age or older. If you are under the age of 16, you may not, under any circumstances or for any reason, use the Services.

1.2 To sign up for the Services, you must register for an account. You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username, a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, regardless of whether the activities are undertaken by you, or another person who uses your account.

2. Rules of Conduct

By agreeing to these Terms, you’re agreeing that, when using the Services, you will follow these rules:

i. Don’t do anything illegal.

ii. Don’t engage in any activity that exploits, harms, or threatens to harm children.

iii. Don’t send spam. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), or instant messages.

iv. Don’t publicly display or use the Services to share inappropriate content or material (involving, for example, nudity, bestiality, pornography, offensive language, graphic violence, or criminal activity) or Your Content or material that does not comply with local laws or regulations.

v. Don’t engage in activity that is fraudulent, false or misleading (e.g., asking for money under false pretenses, impersonating someone else, manipulating the Services to increase play count, or affect rankings, ratings, or comments) or libelous or defamatory.

vi. Don’t circumvent any restrictions on access to or availability of the Services.

vii. Don’t engage in activity that is harmful to you, the Services or others (e.g., transmitting viruses, stalking, posting terrorist content, communicating hate speech, or advocating violence against others).

viii. Don’t infringe upon the rights of others (e.g., unauthorized sharing of copyrighted music or other copyrighted material, resale or other distribution of Bing maps, or photographs).

ix. Don’t engage in activity that violates the privacy or data protection rights of others.

x. Don’t help others break these rules.

--If you violate these Terms, we may, in our sole discretion, stop providing services to you or we may close your account. You will not be able to access any of your information or content. In this case, please contact the support team.

3. Content

3.1 Many of our services allow you to store or share your content or receive material from others. We don’t claim ownership of Your Content. Your Content remains Your Content and you are responsible for it.

3.2 When you share Your Content with other people, you understand that they may be able to, on a worldwide basis, use, save, record, reproduce, broadcast, transmit, share and display (and on HealthVault delete) Your Content without compensating you. If you do not want others to have that ability, do not use the Services to share Your Content.

3.3 To the extent necessary to provide the Services to you and others, to protect you and the Services, and to improve our products and services, you grant to Danske Cloud a worldwide and royalty-free intellectual property license to use Your Content.

4. Performance undertakings (Servers, VDS and VPS)

4.1 The Provider will ensure that the physical connectivity of the webspace packages, dedicated servers, virtual dedicated server and VPS is available at an annual average rate of 95%. This will not include periods in which the servers are unavailable online due to technical reasons or other problems that lie outside the Provider’s sphere of influence (force majeure, culpable conduct on the part of third parties or the customer, etc.), nor periods in which the Provider performs necessary maintenance work after giving timely advance notice.

4.2 The servers located in the Provider’s data centers are connected to the internet via a complex network infrastructure. The data traffic is channeled through various active and passive network components (e.g. routers, switches), each of which permit only a fixed maximum data-throughput rate. This means that data-traffic capacities for individual servers may be limited at certain points and may not conform to the notional maximum bandwidth at the switch port. Unless expressly agreed otherwise, the Provider cannot guarantee the level/volume of the bandwidth that will actually be available for an individual server, but will instead make bandwidth available in accordance with the technical performance capacity of the data center while making due allowance for the performance obligations owed to other customers.

4.3 Customers are able to use the Provider’s servers / VPS for a large and non-determinable number of different applications while deploying various software programs for this purpose at their free discretion. This gives rise to many millions of possible configurations for the servers. The multiplicity of these possibilities makes it impossible for the Provider to guarantee the server’s serviceability or compatibility for specific forms of usage.

5. Unauthorized forms of use

5.1 The following applies to webspace packages: The customer will be under obligation to structure the internet website so as to prevent overloading of the server, e.g. by CGI scripts/PHPs scripts, which require extensive computing power and a disproportionate volume of working memory. “Overloading” means usage of the aforementioned resources that is so intensive as to cause a noticeable and significant disruption, or even breakdown, in the operations of a server of the Provider. The Provider will be entitled to limit correspondingly the resources for websites that do not fulfill the aforementioned requirements.

5.2 Unless otherwise agreed, the following types of content expressly are prohibited: Spamming mails or webpages that are associated with any type of spamming;Any scripts that could potentially impair and/or disrupt the function of the server.

5.3 The following applies to dedicated servers, virtual dedicated servers and VPS: Unless otherwise agreed, the following types of content are expressly prohibited: Spamming mails or webpages that are associated with any type of spamming; IRCd, the service for Internet Relay Chat; any scripts and programs that could potentially impair and/or disrupt the function of other services located within the Provider’s network or on the internet; any scripts and programs that could potentially extensively wear and/or tear Provider's hardware or bandwidth.

5.4 If the customer breaches a provision of paragraphs 1, 2 or 3, the Provider will be entitled to immediately impose a block on the webspace package, respectively the server, until the breach of paragraph 1, 2 or 3 is remedied. This will also be possible if the webpages/servers of the customer clearly impair the functionality or accessibility of other webpages on the server (in the case of webspace packages) or of other servers within the Provider’s network. The customer will be notified of the imposition of such a block.

5.5 The Provider is entitled to immediately block any webspace packages and servers that are being used to operate the “TOR” service, insofar as the Provider has become aware that the server or package is being used unlawfully.

5.6 In the event a justified block is imposed, responsibility for any resulting breach of contractual obligations will lie not with the Provider but exclusively with the customer. The Provider’s claim to receive remuneration will invariably continue in effect during the full remainder of the contractual term.

You must pay attention to it, neither you nor us can be held responsible for non-performance of these terms given circumstances outside of reasonable control (e.g. extreme weather, natural disasters, telecommunications outages, a zombie attack and the end of the world . . . :)