Terms of Service and Conditions (TOS&C) for hosting services last updated 1 June 2021.
Terms of service and conditions for web hosting
These TOS&C apply to all services offered by Schweizer Host Limited (hereafter "SHL") and its subsidiaries or divisions. By using our services you accept the following terms and conditions completely and without any alteration.
1.Scope of application
1.1 These TOS&C cover the use of services and products which SHL provides or offers to its customers (hereafter "Customer").
1.2 Consent to these TOS&C is given by Customer in using SHL's services and products. The Customer may be requested to confirm consent to the TOS&C by checking a box. SHL may provide these TOS&C to Customer in writing by mail, email, download or on its websites. Customer confirms consent to the TOS&C by using the service or paying the fees. The TOS&C constitutes a subscription with the Customer.
2.Rights and obligations of SHL
SHL provides both free and chargeable services. Customer selects the services provided by SHL from the range of services available at the time of use. Conditions published on the websites of SHL apply to all services. SHL may at any time change the range of services, limit individual services, and/or cease to provide them.
2.2 Hosting services
2.2.1 As part of hosting services SHL provides Customer storage space and server services on an infrastructure connected to the internet and located in Switzerland.
2.2.2 Cost of services is calculated based on average use of SHL resources. Resources provided for web hosting (e.g., storage space, traffic, CPU/RAM use) may only be used for the ordinary operations of the Customer's website. Storage space for email or other data files is provided to the Customer only for the intended use. Subletting storage space is not permitted unless otherwise agreed in writing with the Customer. SHL's service offer are mainly designed for use by individuals and small or medium-sized companies. SHL may at any time set thresholds or other usage restrictions - in particular with respect to the monthly volume of uploaded data, the permitted size and type of uploaded files, or the permitted number of stored email boxes (Fair Use Policy). Custom offers may be made upon request by institutions (e.g. schools or universities) and larger companies requiring storage for a quantity of email boxes that exceeds the normal requirements of individuals and small or medium-sized companies.
2.2.3 With respect to resource-intensive use of the Customer website by the Customer or by users of the Customer website (e.g. up/download of audio files that goes beyond ordinary operations, video streaming, games, high resolution images and graphics, high number of simultaneous accesses to the website, excessive storage of data files, caching files, excessive hard drive access (read and/or write), etc.), SHL is permitted to set thresholds for individual Customers or Customer groups at any time and at its absolute discretion for the resource consumption or other usage restrictions (Fair Use Policy) and to limit the provision of the services to the Customer accordingly.
2.2.4 SHL reserves the right to block the user account of the Customer if the latter's user behavior or the user behavior of the users of the Customer website (e.g. a high number of simultaneous access attempts through DDoS attacks) in any way adversely affects the way the service or the Customer website operate. SHL will inform the Customer (if possible within the scope of its operating resources and with respect to the concrete circumstances) in advance or immediately after the blocking.
2.2.5 SHL endeavors within the limits of its operational resources to offer the services continuously without interruptions. Maintenance work, rectification of problems, expansion of services, measures to protect SHL's infrastructure, etc. may make temporary operating interruptions necessary and unavoidable. The Customer will be informed of such operating interruptions, in the shortest time and in the best manner possible under the circumstances.
2.3 Domain name services
SHL does not offer customer services for the management, registration and/or transfer of domain names.
2.4 Applications and additional services of SHL and third party providers
2.4.1 SHL offers the Customer applications (such as Plesk, WordPress) and other additional services (e.g. SSL certificates) by SHL or third party providers. By using the applications or additional services, Customer accepts the licensing terms, terms of business, terms and conditions of use and/or the conditions of SHL or the respective third party provider that pertain to the corresponding applications or additional services.
2.4.2 SHL may at any time and without prior notice limit the use of applications or other additional services and/or remove individual applications or additional services from the range currently offered. Customer acknowledges that, with regard to the applications, there is no entitlement of any kind to receive support services from SHL and that Customer bears the sole responsibility for backing up digital data in connection with the use of the applications (see #4.1).
3.Rights and obligations of the Customer
3.1.1 Customer is authorized to make the intended legal use of the services and products and undertakes to comply with these TOS&C and any instructions issued by SHL, in particular with regard to maintenance, updating, or deletion of software.
3.1.2 When ordering and registering and in the context of using the services, Customer is required to provide truthful and verifiable information. SHL may at any time and without providing reasons request that the Customer provide documents or information which may enable SHL to verify the accuracy of the information provided by the Customer. SHL is entitled to defer the acceptance of an order or registration, to suspend services, or to terminate the services to the Customer with immediate effect in the event that the Customer fails to provide the requested documents or information within the deadline set by SHL.
3.1.3 Customer undertakes to select passwords appropriately, guard them carefully, and protect them from access by third parties. Customer bears full and sole responsibility for the use of the passwords. If Customer finds that his account is being misused, he must inform SHL immediately in by email.
3.1.4 Customer is not authorized to provide services (free or chargeable) purchased from SHL to third parties, unless agreed to in writing by SHL. If SHL determines that services purchased by the Customer are not being used by the latter but by a third party, SHL is authorized to suspend provision of the services until this defect is remedied. Customer, in such case, remains responsible for the payment in full of the fee due for services.
3.1.5 Customer undertakes to keep applications and software up to the latest technical standard, maintain them regularly, and implement regular updates. Customer also undertakes to delete applications and software which is no longer needed.
3.1.6 Customer must notify SHL immediately of any disruptions and interruptions of services and where possible assist SHL in remedying the disruption. Customer shall bear the costs of SHL isolating and remedying disruptions if the Customer has called for the investigation and the cause of the disruption is attributable to the behavior of the Customer or the equipment used by Customer or to the behavior of the users of the Customer's websites.
3.2 Customer's responsibility for content
3.2.1 Customer is responsible for the digital information (writings, images, sounds, computer programs, databases, audio/video files, etc.) which Customer and third parties communicating with Customer through SHL are transmitted or processed, disseminated or kept available for retrieval. Customer is responsible for references and links to such information. SHL is not required to monitor the content made available by the Customer.
3.2.2 While using the products and services of SHL, Customer must make only permitted content accessible to others. The following content is expressly prohibited: content which infringes or jeopardizes the rights of SHL or third parties, such as intellectual property rights in the wider sense (e.g., copyrights or trademarks) or personal rights, or content that falls under the provisions of the Unfair Competition Act (UWG), including the contact data obligation of the Customer pursuant to Art. 3 (1) of UWG. All content which may violate criminal laws of Switzerland (namely in the areas of pornography, depictions of violence, racism, business secrets, libel, and fraud) is expressly prohibited (hereafter jointly referred to as "Prohibited Contents"). When using hosting services, the Customer undertakes to comply with our AUHS for hosting services.
3.2.3 SHL reserves the right to inspect content made accessible to others by the Customer at the request of Swiss courts or Swiss authorities. SHL reserves the right to conduct random checks even in the absence of a request by Swiss authorities.
3.2.4 Any dispute between joint holders of an account or the Customer and third parties relating to the use of the account or the information disseminated via the account or via the Customer website are exclusively a matter for the joint holders of the account or the Customer. If SHL receives queries/complaints from individual joint holders of accounts or from third parties in relation to an account or in relation to contents provided via an account or via the Customer website, SHL shall pass the query/complaint to the other joint holder(s) or the Customer. SHL retains the right to reveal the identity of the Customer at the request of Swiss courts or Swiss authorities (see 9.2).
3.2.5 Queries/complaints received from third parties are forwarded to the Customer in accordance with our published notice and take-down procedure (N&TDP). Customer should become familiar with the N&TDP. The N&TDP procedure may be viewed here.
3.2.6 SHL may block access to the Customer website entirely or partially and cease providing hosting services if, (i) the requirements of the N&TDP have been fulfilled, (ii) a Swiss court or Swiss authority has requested SHL to do so, or (iii) SHL could otherwise become subject to civil liability or liable for criminal sanctions, or (iv) if a random check has given rise to concrete indication or well-founded suspicion of a breach of SHL's AUHS, or (v) that access is being allowed to Prohibited Content (see 3.2.2). SHL reserves the right to reject and delete emails that have viruses and to block Prohibited Contents.
3.2.7 SHL will invoice the Customer for all expense arising in connection with any measures taken pursuant to 3.1.4 and 3.2.6. The assertion of further damages is also reserved. SHL may require Customer to provide a security deposit as a precautionary measure to ensure coverage of the expenses and any further damages. SHL may suspend the services or terminate the services without notice if the security deposit is not provided or if the Customer does not comply with instructions given in connection with the measures being taken.
4.1 Customer bears the sole responsibility for taking the appropriate and necessary security measures to recover digital information and data in the event of loss, unauthorized use, or unintentional alteration. The security measures Customer must take depend on the level of protection needed, as well as on the likelihood and severity of the risk. SHL recommends, as a general rule, that Customers back up their digital data regularly. Customer can download web data and databases through the control panel or from SHL generated links in order to, for example, create a backup. To back up email data, SHL recommends using an email client.
4.2 The frequency of the backups and the period of availability depend on the applications.
4.3 Third party supplementary backup applications to the security measures taken by the Customer, in particular the Customer's own backup copies (see 4.1) may ensure better compliance with backup best practices. SHL assumes no warranty of any kind for the backup of the data stored on its server and, depending on the type of data and the chosen service, data may be autonomously backed up by SHL at different times and at different intervals. It cannot be ruled out that a data loss might occur in a specific case. In exceptional cases, it is possible that due to technical reasons or maintenance work, disruptions in the system, or necessary replacement of parts in the server infrastructure, SHL will be unable to perform data backups or restorations for a few hours or on certain days. The obligation to restore lost data does not in any case apply to volatile data such as, for example, temporary data files as well as emails that are filtered by antispam software and stored in the spam mailbox. This mailbox is not backed up and is deleted on a regular basis.
5.Invoicing and payment terms
5.1 The payment obligation for chargeable services and products begins upon ordering the service.
5.2 SHL requires payment by the Customer for the selected services in advance and by credit card.
5.3 If Customer breaches these payment terms, SHL will apply an 8% monthly late interest charge to all unpaid balances and, after the 2nd reminder, dunning fees to cover collection costs. SHL may terminate the service pursuant to 11.2.3. SHL reserves the right to suspend the service after the 1st unsuccessful reminder to the Customer.
5.4 The parties waive their right to offset mutual claims against each other.
6.1 SHL strives to provide hosting services efficiently and professionally. SHL cannot however guarantee that the Customer website will be available continuously on the internet and that the data requested by the Customer is transmitted correctly over the internet. SHL assumes no warranty that the services provided by SHL and any third parties used will put the Customer in the position of achieving any financial goals or other business or personal purposes intended by the Customer.
6.2 Reports by the Customer (by registered letter, fax with confirmation of transmission, or email with subsequent acknowledgment of receipt by SHL) of the malfunctions of hosting services must consist of a written notice of defect with a comprehensible description of the defects claimed. Customer must give SHL a reasonable grace period of at least 30 days to remedy the defects specified in the notice of defect. After the grace period has passed without the situation being remedied by SHL, Customer has the right to close the account. In that case, SHL will reimburse the Customer for any previously paid fee pro-rata for the period in which the Customer shall no longer use the service due to the termination. No additional compensation is due by SHL to Customer, subject to #7 of these TOS&C.
6.3 Any applications provided in the control panel (see 2.4) may be installed and used at the Customer's own responsibility and risk. SHL assumes no warranty in this regard. In particular, SHL gives no assurance or warranty as to the completeness, accuracy, consistency, reliability, proper functioning, marketability, quality, suitability for a specified intended purpose or for certain results, or absence of defects with regard to the applications.
7.Liability of SHL
7.1 SHL shall be fully liable to the Customer for direct proven loss or damage caused by willful intent or gross negligence by SHL.
7.2 Liability shall be determined solely by a Swiss court of law.
7.3 Liability is expressly excluded for slight negligence and for indirect loss or damage or consequential damage. Consequential loss or damage includes, without limitation, lost profits, lost production, harm to reputation, and damages resulting from a loss of data.
7.4 All liability for damages resulting from the abusive use of or unauthorized access to SHL's communications infrastructure or the Customer website by third parties is expressly excluded. This includes in particular, without limitation, any interference by means of using computer viruses or DDoS attacks, ransom requests, acts of non-Swiss governments or agencies, as well as any change initiated by hackers, or via the unauthorized sending of emails.
7.5 The above exclusions and limitations of the liability of SHL do not apply in the case of mandatory statutory regulations under the laws of Switzerland.
8.Liability of the Customer
The Customer shall be fully liable to SHL for loss or damage caused by willful intent or gross negligence. The Customer's liability for slight negligence is expressly excluded.
9.Confidentiality and data protection
9.1 SHL and Customer mutually undertake to safeguard the confidentiality of all information and data not publicly known, which may become accessible to them in preparing for and implementing the services. This duty shall remain even after the relationship has come to an end as long as there is a provable and legitimate interest therein.
10.1 Customers receives the non-transferable, non-exclusive right to make use of and utilize SHL's services throughout the term of the relationship with SHL.
10.2 All existing intellectual property rights in and to the services of SHL and all intellectual property rights arising when the Customer account is opened (e.g. programs, samples, data, control panel) remain with SHL or with the third parties used by SHL.
11.Subscription terms and termination
These TOS&C shall apply throughout the entire period during which services are used by the Customer.
11.2 Hosting services
11.2.1 The subscription by Customer for hosting services (see 2.2) is in effect upon delivery of the welcome email to the Customer, by acceptance of a custom quote by the Customer, or by the first use of the services by the Customer, and shall apply for the term selected in the Customer's order or in the custom quote (1, 6, 12 or 36 months). The subscription may be terminated by either party with a notice of 30 days prior to the end of the agreed subscription term. The termination notice must be submitted in writing by email. SHL retains the right to serve the termination notice only by email to the email address provided by the Customer. If not terminated within the due time, the subscription is automatically renewed for the agreed contractual term.
11.2.2 Customer may cancel a subscription for hosting services within 30 days, without stating any reasons, by request in written form (email with subsequent acknowledgment or receipt by SHL.) The 30 days begin after receipt of this cancellation request by SHL. Timely dispatch of the cancellation suffices to prove that the cancellation period has been complied with. The cancellation request must be sent to firstname.lastname@example.org. Customer must use the contact email address on file with SHL as sender of the request. In the request, Customer must include details of the account and the subscription terms. The cancellation right applies only when an order is made through the SHL website and only for hosting services that are not customized. The cancellation right does not apply to virtual private servers or other custom-built infrastructure and systems.
11.2.3 If Customer breaches subscription provisions, misuses services for illegal purposes, makes Prohibited Contents accessible, or threatens to or harms SHL's reputation, SHL may at its own discretion deactivate the Customer website without notice and/or terminate the subscription without notice. Customer shall owe SHL all charges due up until termination of the subscription as well as compensation for all costs incurred in connection with terminating the subscription without notice.
11.3 SHL may terminate the subscription with the Customer with immediate effect if proceedings have been initiated against the Customer for bankruptcy or insolvency or if it otherwise becomes clear that the Customer can no longer meet payment obligations, and if Customer does not prior to the expiry of the subscription term does not pre-pay the costs for the next subscription term or provides an equivalent financial security.
11.4 After the expiry of the subscription, SHL may delete all data in the Customer account. The Customer is responsible for backing up and downloading all account data to another location in a timely manner.
12.1 SHL endeavors to maintain its infrastructure up to date to a standard which corresponds to the security specifications and technical standard that are customary for the industry. Customer acknowledges that new technical developments, new security specifications, and/or changes in the range of services of contractual partners of SHL or the open source software used by SHL may result in services being expanded or reduced and may also have an impact on pricing of the services.
12.2 SHL expressly reserves the right to amend the subscription terms, including these TOS&C, at any time. Amendments to the TOS&C are published and accessible on the SHL website and come into effect upon publication. All price increases or reductions in services that may adversely affect the Customer during the subscription term will be notified by SHL to the Customer in writing by email. If the Customer does not accept the amendments, Customer may inform SHL in writing within 30 days of publication, and has the right to terminate the subscription as of the end of the month. If SHL receives no written message within this period, the amendments shall be deemed as approved by the Customer.
13.1 Subscription-related messages such as the notification of price changes are sent by email to the account owner's email address on file. The Customer is responsible for ensuring that the customer account and contact information throughout the entire term of the subscription is up to date, complete, and correct. SHL may correct or delete input in Customer account that is patently incorrect or that infringes third party rights.
13.2 Rights and duties under the hosting service subscription can only be transferred to third parties with the written consent of SHL. This provision does not apply to the transfer of the subscription from SHL to a legal successor or associated company.
13.3 These TOS&C and any disputes arising under or in connection with the subscription relationship between SHL and the Customer is subject exclusively to Swiss law, excluding its conflict of laws rules and the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG).
13.4 The ordinary courts at the registered office of SHL shall have exclusive jurisdiction. SHL may take legal action, if warranted, against the Customer at the Customer’s legal domicile.
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