Terms of Service
The terms and conditions set forth herein constitute the full and complete agreement between you and Lumena Design GmbH (Doing business as and hereinafter referred to as "WEBHOSTING-GARAGE"). Your agreement to be bound by these terms is acknowledged by your use of the WEBHOSTING-GARAGE Web Site, Hosting Services, Support Services and/or any WEBHOSTING-GARAGE software made available to you. The terms contained herein supersede and replace any other agreement or negotiation between you and WEBHOSTING-GARAGE whether oral, written or otherwise including any statements made by any representative of WEBHOSTING-GARAGE at any time.
1. Fees: Payment of Fees
1.1 Fees - WEBHOSTING-GARAGE charges the following fees where applicable. All such fees are subject to change with 30 days notice.
1.1.1 Service Fees - includes monthly web hosting fees and overusage charges (e.g. bandwidth, disk space, etc)
1.1.2 Domain Registration Fee
1.2 WEBHOSTING-GARAGE reserves the right to offer subsequent promotional rates, which may or may not be more favorable than the terms under which you entered this agreement. Any such periodic special rates shall not effect then existing rights and responsibilities of each party. WEBHOSTING-GARAGE also reserves the right to change the rate charged for any such fee under this agreement with 30 days notice.
1.3 WEBHOSTING-GARAGE does not charge SET UP FEE for new web hosting accounts on existing hosting packages. In some instances WEBHOSTING-GARAGE may charge a setup fee for CUSTOMIZED hosting packages as well as its periodic service fee which in some cases may be refundable as further set forth elsewhere herein. According to the services you order from WEBHOSTING-GARAGE, WEBHOSTING-GARAGE may also charge you for Domain Registration Fees if ordering additional domain names and specifically reserves the right to institute additional charges upon notice to you. WEBHOSTING-GARAGE also reserves the right to alter, change, amend or delete charges at its sole option. WEBHOSTING-GARAGE further reserves the right to institute new services and charge fees in association with the provision of such new services as it deems appropriate.
1.4 Payment of Fees – WEBHOSTING-GARAGE accepts payment by 2Checkout.
1.5 Payment by 2Checkout
All payments are currently processed by 2Checkout. You may create a subscription with 2Checkout. A subscription means that 2Checkout will process your payment automatically at the beginning of each payment cycle. If you change plans or otherwise wish to stop paying for the service, you must cancel your subscription with 2Checkout or contact us at: firstname.lastname@example.org. When changing plans, you must create a new subscription for that plan at the beginning of the next billing cycle. Payments must be made within the two first weeks of each payment cycle. Your payment cycle is determined by your plan. WEBHOSTING-GARAGE reserves the right to temporarely suspend an account if a payment is not made within the first two weeks. After two months, that account will be terminated completely. A client's domain name will be transferred to the client and annual payments must be made by the client to maintain the domain name, after his account has been suspended or terminated. Please allow up to 72 hours to process payments. Please allow up to three days for domain names to be registered and for DNS records to be updated around the globe. If you wish to cancel a payment or payment subscription, you must inform WEBHOSTING-GARAGE of the desired cancellation at least ten days before your payment cycle ends. Otherwise, you will be billed for the next cycle and will not be offered a refund.
1.6 You are obligated to pay for your account even if you do not use it. Because we have provided you with usernames, passwords, DNS entries, and an IP address, you have the ability to use your account. The fact that you do not do so is not relevant - you are still obligated to pay for the account. Even an unused account uses valuable system resources that could be used for other customers. If you have a past-due balance on your account at the time the account is closed (either by your request or due to non-payment), the remaining balance must be paid within 30 days of when the account is closed. If we do not receive payment on the remaining balance in that time, we will begin efforts to collect any fees owed. We apply a $20.00 collection fee to cover our costs in attempting to collect your debt. If our internal collection efforts fail, we reserve the right to turn the account over to a 3rd-party (either collections agency or attorney) for further action. We also reserve the right to report your unpaid balance to credit reporting agencies.
1.7 If client disputes justified charges by provider on his credit card, provider has the right to charge a $50 administration fee in addition to the regular suspension charge of $25 and immediately discontinue service.
1.8 It is recommended that in order to avoid any service interruption that you submit your payment to WEBHOSTING-GARAGE a sufficient time before the expiration of the current service period so that it reaches WEBHOSTING-GARAGE in advance of the renewal date.
1.9 Cancellations and Refunds
WEBHOSTING-GARAGE reserves the right to cancel the account at any time with or without notice.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
Customers may submit cancel requests at any time via our support center. There are no refunds on dedicated servers, administrative fees, install fees for custom software, or domain name purchases. Refund requests after the initial 30 days will be refunded on a prorated basis of any unused time. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
Any VIOLATIONS of the Terms of Service will waive the refund policy.
If you wish to cancel your account completely, you must inform us at least ten days before your payment cycle ends. You may request to cancel your account at any time during your cycle and keep it open until the last day.
2. Web Hosting Services
For the term of the agreement as set forth herein WEBHOSTING-GARAGE agrees to provide web hosting services according the plan selected by you upon activation of your account. WEBHOSTING-GARAGE reserves the right to change, amend and/or otherwise alter the services offered with equivalent or otherwise equal services without prior notice to you.
3. Domain Registration Services
At Customer's request, WEBHOSTING-GARAGE may also acquire a Top-Level Domain Name ("Domain Name"), on behalf of Customer. WEBHOSTING-GARAGE will not own or otherwise control any domain name registered on your behalf under this paragraph. WEBHOSTING-GARAGE provides this service as a convenience to you only and you hereby waive any and all claims which you may have, or which may later arise, against WEBHOSTING-GARAGE for any and all damages, losses, claims or expenses arising our or related to the acquisition, registration and/or use of the Domain Name. Any costs incurred by WEBHOSTING-GARAGE to obtain and/or maintain the Domain Name on your behalf shall be charged to you by WEBHOSTING-GARAGE under the provision therefore elsewhere herein.
4. Acceptable Use
WEBHOSTING-GARAGE strictly enforces compliance with its acceptable use terms under this paragraph (4) four. You agree to maintain your website in full compliance with the terms set forth below. Failure to so comply is cause for immediate suspension and possible termination under paragraph (8) herein.
4.1 You agree that you will not violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
4.2 You agree not to cause any harm to minors of any kind or to perform any activity, which is likely to cause such harm.
4.3 You agree not to take any action, which encourages or consists of any threat of harm of any kind to any person or property
4.4 You agree not to transmit any unsolicited commercial or bulk email. You will not engage in any activity known or considered to be "spamming" or "Mail Bombing"
4.5 You agree not to make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or other Internet Forum.
4.6 You agree not to make or attempt any unauthorized access to any WEBHOSTING-GARAGE website or the website of any WEBHOSTING-GARAGE customer.
4.7 You agree not to infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
4.8 You agree not to collect or attempt to collect personally identifiable information of any person or entity without their express written consent. You shall maintain records of any such written consent throughout the terms of this agreement and for three years thereafter.
4.9 You agree not to undertake any action, which is harmful or potentially harmful to the WEBHOSTING-GARAGE server structure.
4.10 You agree not to sublease your account, www.yourcompany.com/client, or offer free space to other clients. Our web plans are for single users only.
4.11 You agree not to run a banner exchange, free adult tgp (thumbnail gallery post) and free adult image galleries on your website.
4.12 You agree not to run any background and/or listening processes. You also agree not to engage in any activity (through your code, processes, jobs, etc) that will affect the server and/or customer accounts on the said server.
4.13 Customer Responsibility:
4.13.1 Customer is solely responsible for the content stored on and served by WEBHOSTING-GARAGE's servers.
4.13.2 Customer must provide WEBHOSTING-GARAGE with, and keep current, good contact information. E-mail, fax, and telephone contacts are used, in that order of preference.
4.13.3 Customer is responsible for any misuse of Customer's account, even if the inappropriate activity was committed by a friend, family member, guest or employee, or anyone else. Therefore, Customer must take steps to ensure that others do not gain unauthorized access to Customer's account.
4.14. "Fair-Use" Resource Assignment
WEBHOSTING-GARAGE offers high-limit or unlimited amounts of disk space and/or other resources, such as bandwidth transfer, email or FTP accounts. The intention of WEBHOSTING-GARAGE is to provide ample resources for customer convenience, so that customers needn't to worry about exceeding limits.
It is acknowledged by users of WEBHOSTING-GARAGE web hosting services that these resource allotments are optimized and dedicated towards serving web documents and self-need email / FTP services and is not to be used as offsite storage area for electronic files, or as a provisioning service for third party email or FTP hosts. All downloadable files or files stored on the server must be available for download via a HTML document stored on the Internet in a publicly or privately accessible area, and must be directly related to the general nature of the website index. Illegal content such as pirated software, music or other media are strictly prohibited and are not allowed on WEBHOSTING-GARAGE web hosting servers.
It is also acknowledged by users of WEBHOSTING-GARAGE web hosting services that these resources are limited by physical restraints of technology as well as by reasonable limits of a shared resource environment. Users must realize that server technology limits the amount of available resources for use, including but not limited to disk drive space, CPU processing power, memory and access speed. WEBHOSTING-GARAGE takes measures to utilize the latest and most economically feasible mass server market technology available to provide services. It is furthermore acknowledged by users of WEBHOSTING-GARAGE web hosting services that all provided services are of a shared-server nature, and other users are sharing the provided space. Customer accounts are placed on a server with up to hundreds of other users. WEBHOSTING-GARAGE, along with many other hosting providers use this business model in order to offer web hosting services en masse at inexpensive and affordable rates.
It is acknowledged that any single account is entitled to utilize the server resources, within reason, up to what is allotted or by what is physically available. If resources become scarce, WEBHOSTING-GARAGE reserves the right to limit users of the affected machine to a lower limit to preserve the effectiveness of the service for all users. If a particular user is in extreme excess of what the average users of the machine have in use (actually used) of their resource allotments, that customer may be asked to remove content, cut resource usage, or relocate to a dedicated service provider. This policy only applies to web sites that are considered to be abusive in service, disk space or resource consumption and where it is evident that the "fair-use" of resources among customers has been breached, particularly in regards to disk space, bandwidth or CPU processing power utilization. Additionally, web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the sole discretion of WEBHOSTING-GARAGE.
If a "Fair-Use" breach occurs, which's determination is solely up to WEBHOSTING-GARAGE, subscriber may have to remove files from or reduce access to subscriber's account to an extent as determined by WEBHOSTING-GARAGE, in order to restore full serviceability to other subscribers affected by the breach. In any case, the subscriber will be notified of any actions that WEBHOSTING-GARAGE may have to take.
4.15 Data Integrity
The subscriber is responsible for keeping a complete and current copy of their website files as a backup on a remote system (not solely on WEBHOSTING-GARAGE servers).
WEBHOSTING-GARAGE is NOT RESPONSIBLE for any lost files, information or data.
WEBHOSTING-GARAGE makes regular internal backups of internal system configurations and databases. These backups are NOT intended for keeping backups of subscriber websites.
Although WEBHOSTING-GARAGE backups may include subscriber sites and information for disaster recovery purposes, these backups are not to be relied on by the subscriber. WEBHOSTING-GARAGE does not guarantee to possess the most current copy of a subscriber's website in its own backups.
WEBHOSTING-GARAGE pursuant to the terms and conditions set forth herein hereby grants you a non-exclusive, limited, personal, non-transferable license to use the WEBHOSTING-GARAGE Web Hosting Service for the term of the agreement as set forth herein.
6. Ownership of Intellectual Property; Confidentiality
6.1 It is understood and agreed that during the term of this agreement and thereafter you may come into possession of information which is the confidential and proprietary information of WEBHOSTING-GARAGE including but not limited to the WEBHOSTING-GARAGE customer service and maintenance tools. You acknowledge that all right and title to any such WEBHOSTING-GARAGE intellectual property shall remain the sole property of WEBHOSTING-GARAGE and that you have no right, title or interest therein. You further agree not to provide access to the WEBHOSTING-GARAGE services to any third party. You agree yourself and not to assist any third party in any way to translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market or otherwise dispose of any portion of the WEBHOSTING-GARAGE Services. Any and all right or title to any engineering, coding, programming or customer service work around or other modification of the WEBHOSTING-GARAGE service shall also remain the sole property or WEBHOSTING-GARAGE.
6.2 During the term of this agreement you may have access to certain information and materials relating to the WEBHOSTING-GARAGE business, customers, software technology and marketing which WEBHOSTING-GARAGE treats as confidential (hereinafter "Confidential Information"). You agree to at all times during the term of this agreement and otherwise as set forth herein: (i) hold in confidence, and not disclose or reveal to any person or entity, any "Confidential Information" without the express prior written consent of WEBHOSTING-GARAGE; and (ii) not use or disclose any of the "Confidential Information" for any purpose at any time, other than pursuant to your rights under this agreement for the purpose intended. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue for three (3) years following termination of this Agreement with respect to Confidential Information, which does not rise to the level of a trade secret.
The initial term of this agreement shall be the billing cycle you selected during sign up with automatic renewal for subsequent billing cycle after the expiration of the initial term. You hereby agree that you must notify WEBHOSTING-GARAGE of your intention to cancel your account 10 days before the last day of the month in which your account is scheduled for expiration to prevent automatic renewal. WEBHOSTING-GARAGE reserves the right to accept pre-payment of renewal periods and may from time to time offers financial incentives for such pre-payment. The term of the agreement, however, shall remain billing cycle period you selected during sign up.
8. Suspension and Termination:
8.1 Suspension - At the sole option of WEBHOSTING-GARAGE for any reason set forth herein or in the event that you breach any term of this agreement including but not limited to Section 1 (Payment of Fees) and Section 4 (Acceptable Use Policy) WEBHOSTING-GARAGE may suspend your account by deactivating any access by you or by web users to any information contained on the WEBHOSTING-GARAGE servers related to your account while maintaining the information and data related to your account upon the WEBHOSTING-GARAGE servers. Suspension shall specifically include the disabling of your hosted domain and/or any access to information or data related to your account. In the event of any such suspension you will be notified and given an opportunity to correct such breach. In the event that such breach is not corrected within ten (10) days the account may be terminated under paragraph 8.2. Service charges will continue to accrue on suspended accounts as if they were not suspended. You will remain responsible for the payment of any such charges during any such period of suspension.
8.2 Termination - This agreement and all of its terms shall remain in full force and effect until it is terminated. Termination shall include the removal of any and all of your information from the WEBHOSTING-GARAGE servers. Such information or data may or may not be made available to you by WEBHOSTING-GARAGE after any such termination. This agreement may be terminated either (a) after a period of suspension as set forth in paragraph 8.1 or (b) by either party upon 30 days notice in advance of a renewal period for any reason.
8.3 In the event of termination under paragraph 8.2(a) and/or 8.2(b) there will be no refund provided to you. In addition, WEBHOSTING-GARAGE may charge you an additional termination fee not to exceed $100.00 at its sole option. The assessment of this termination fee shall not effect the rights of WEBHOSTING-GARAGE to recover from you losses, damages, indemnity, defense costs, expert costs, collection costs and/or attorneys fees or other costs of any kind as may be applicable under Law of Germany
9.1 Any notice under this agreement shall be given by WEBHOSTING-GARAGE to you via email at the address provided by you to WEBHOSTING-GARAGE at the commencement of this agreement or as WEBHOSTING-GARAGE is subsequently advised. Notice to you at this address is deemed sufficient regardless of your receipt of such email. If you wish to update your email address you should do so at this page.
9.2 Any notice by you to WEBHOSTING-GARAGE shall be made by email to a customer service representative at email@example.com during WEBHOSTING-GARAGE regular business hours of 9:00 a.m. to 5:00 p.m. CET. Such notice may also be sent via mail to the following Address:
Lumena Design GmbH
Sections 1, 3 through 6, 8, 9, 11, 12, and 14 through 18, inclusive, of this agreement shall survive the termination of this agreement and shall remain in full force and effect after any such termination.
11. Warrantees and Limitations
11.1 WEBHOSTING-GARAGE makes every reasonable effort to maintain operation of the WEBHOSTING-GARAGE service however because as many events and circumstances are beyond the control of WEBHOSTING-GARAGE, WEBHOSTING-GARAGE does not in any way warrant or otherwise guarantee the availability of the WEBHOSTING-GARAGE system or servers and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence of WEBHOSTING-GARAGE.
11.2 THE WEBHOSTING-GARAGE SERVICE IS PROVIDED TO YOU ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
11.3 In general, WEBHOSTING-GARAGE has no control over information contained on the Internet. Information obtained by you from the Internet may be inaccurate, offensive or in some cases even illegal. WEBHOSTING-GARAGE accepts no responsibility for any information, which you receive from the Internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you obtain from the Internet as well as the reputation of the individuals with whom you may deal. WEBHOSTING-GARAGE provides no warrantee for any goods or services, which you obtain over neither the Internet nor the compatibility of any such services with the WEBHOSTING-GARAGE system.
11.4 You specifically hereby waive any claim for damages of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits or loss of business as the result of any action taken in response to any claim of copyright infringement without regard to whether or not the material claimed to have been infringing is later found to be infringing.
11.5 THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU TO WEBHOSTING-GARAGE IN THE THREE MONTHS IMMEDIATELY PROCEEDING ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEDY. IN NO EVENT SHALL WEBHOSTING-GARAGE BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS AS THE RESULT OF ANY SUCH ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.
12.1 You agree to fully defend and indemnify and hold harmless WEBHOSTING-GARAGE of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any breach or claim of breach of this agreement or your negligence whether active or passive or any negligence of WEBHOSTING-GARAGE in any way related to your use of the WEBHOSTING-GARAGE service or any portion thereof.
12.2 You agree to fully defend and indemnify and hold harmless WEBHOSTING-GARAGE of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to your use of the WEBHOSTING-GARAGE service or any portion thereof. Choice of counsel remains exclusively that of WEBHOSTING-GARAGE
12.3 You agree that upon the assignment of your user ID and password that you will maintain the confidentiality of your account information and assume all responsibility of and from any loss, theft or other destruction of any data as the result of any access to your account via the use of your user ID. You further agree to defend and indemnify and hold harmless WEBHOSTING-GARAGE of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any claim for damages in any way related to the disclosure of your confidential User ID and Password information. Choice of counsel remains exclusively that of WEBHOSTING-GARAGE.
13. Force Majeure
Either party to this agreement shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.
This agreement and the rights hereunder is not assignable or transferable except that WEBHOSTING-GARAGE may assign it's rights hereunder to any person or entity who shall become a principal owner, or shareholder of WEBHOSTING-GARAGE. Any other attempted transfer or assignment of rights hereunder shall be null and void ab initio.
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.
16. Choice of Law
The construction, performance and validity of the Agreement will be governed by law of the Federal Republic of Germany and the Germany courts have jurisdiction to settle any disputes which may arise out of or in connection with it. The parties to this agreement hereby consent to jurisdiction in these courts and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.
17. No Agency
Notwithstanding any other provision of this agreement, WEBHOSTING-GARAGE is not your agent, partner or joint venture in any respect.
WEBHOSTING-GARAGE may without advance notice amend this Agreement from time to time, and will do so by posting the new Agreement on the WEBHOSTING-GARAGE web site in place of the old. Each and every such amendment shall be become effective immediately for all pre-existing and future accounts. It is your responsibility to periodically check the WEBHOSTING-GARAGE website for updates of this Agreement
19.1 WEBHOSTING-GARAGE will take action against any parties found in violation of this Terms of Service. WEBHOSTING-GARAGE reserves the right to terminate service at any time and without warning when a violation of our Terms of Service has occurred.
Any complaints regarding prohibited use or other abuse of the WEBHOSTING-GARAGE's services, including violations of this Acceptable Usage Policy, should be sent via e-mail to WEBHOSTING-GARAGE at: firstname.lastname@example.org. Include all applicable information that will assist WEBHOSTING-GARAGE in investigating the complaint, including all applicable header lines of forwarded messages, traces, and logs.