PRODUCT DESCRIPTION OF SERVICES PROVIDED BY IPEER

Transcription

1 PRODUCT DESCRIPTION OF SERVICES PROVIDED BY IPEER 1. General This agreement / product description ("Product description") hereby states the terms and conditions for the services provided by Ipeer such as Domain Names, Web Hosting, Cloud VPS, Dedicated Server, Hosted Hyper V, Elastic Cloud Server, Cloud Backup and Hosted Exchange (the "Service" / "Services ") and also includes any other service and additional agreements which are linked to the Service. 2. The Product description, together with Ipeers Terms and Conditions ("Terms and Conditions"), contains the various agreements that Ipeer meet with their clients. 3. In the event of inconsistency or conflict between the Terms and Conditions and Product description, the Product description should take precedence over the Terms and Conditions. 4. "Ipeer", "Customer", "Agreements", "order", etc. in this Product Description refers to the same person / phenomenon / concepts that these terms have in the Terms and Conditions 5. Services 5.1. Domain Name Ipeer is the agent and distributor for various so-called top domain registrars / domain name sellers. The Service includes that Ipeer implements domain name applications and subsequent domain name registration for the customer based on information supplied by the Customer. Ipeer undertakes to complete the application procedure for the domain name in an efficient manner. The service "Domain name" thus includes application, registration,- and administration of the domain name for use of services over the Internet. The authorized domain name is administered by Ipeers name servers on the Internet The customer is solely responsible for the accuracy of the information provided in relation to the Service. If incorrect information is submitted, whether it may be name, contact name, business address, mailing address or , etc., Ipeer has the right, to decline order and terminate the Agreement The customer's right and use of a domain name, even after registration, may be questioned by third parties. If this happens, "Uniform Domain Name Dispute Resolution Policy (the" UDRP ") or other terms for each Top-Level Domain (TLD) applies to any dispute, registrations and renewals for the domain name. One such example is the ICANN UDRP ( The customer has no right to a domain name until: a) Registrations-/top domain administrator has accepted the Customer's request and agreed to register the domain and b) the Customer paid the cost of service and Ipeer has received the payment. Until the above requirements are satisfied, the domain will be Ipeers property.

2 In case of default of payment, Ipeer may at any time, without notice to Customer, and at its sole discretion remove the domain Customers can park or use the domain name with , web and other services which require a domain name. By submitting the Order for domain name the Customer accepts that Ipeer may use logos, banners, etc., in connection with Customer's domain name or IP address without any charge, until the domain name or IP address linked to a Web service It is entirely the Customer's risk and responsibility that the application complies with the name policy of the relevant TLD registrar. The customer is solely responsible for the registration and / or use of the domain does not infringe any intellectual property right or any other right - belonging to a third party It is up to the Customer to investigate whether the domain has actually been registered, even after the application is submitted, and in any case before it incurs any charges for services or products that can be directly cited, or are expected to be related to the domain name. Ipeer is not responsible for any loss, expense or damage that could be avoided or reduced if the Customer has done the mentioned commitment By submitting the application for domain name registration to Ipeer, Customer agrees to the collection of information and procedure for example in relation to the public query-based Whois information database. Name of the Customer, postal address, address, fax number, phone number, etc., to the Customer, technical contact and administrative contact. This consent (if necessary) include the public query-based Whois information for IP addresses on the primary and secondary name servers, the corresponding names of those name servers, the original date of registration and expiration of the registration 5.2. Web Hosting Web hosting service includes Ipeer leasing space on servers that belongs to Ipeer where the Customer can keep so-called web space - presenting information on websites and targeted towards users of the Internet - on the server. The Service also includes Ipeer providing the necessary software such as operating systems for the server operation. Customer acknowledges that the server used to provide the Service is also used by other users for the corresponding service. The Customer has to provide the software/programs required for the use of server for any purpose the Customer intends to. Ipeer provides diligent, reliable management of the server with high security and restricted access to all other users who use the server. Ipeer is responsible for error correction of the systems unless errors occur as a result of misuse by the Customer or anyone who the Customer has let use ("User") the server, virus, modification or integration of software not done by Ipeer, repairs made without the consent or use of equipment for purposes other than those they were originally intended for Ipeer continuously monitors the server's functionality / Service and other equipment (hardware and connections) that form part of the Service. Customer obtains no ownership to the equipment and software, etc. that are utilized for the Service If the customer uses a web site / function that causes an error or problem on the server and prevents other users to use the same server, Ipeer has the right to immediately suspend further deliveries of

3 the Web hosting Service and close down the Customer's website. Deliveries of the service / website is started when the customer can shows that the website / function no longer prevents other Customer's use of the server The customer is solely responsible for publishing and updating information on their allocated storage space on Ipeers provided server. Customer is responsible for all information and materials that are uploaded to the Customer's allocated storage space on Ipeers server / using the Service. The customer thus has sole responsibility for his use of the Service is in accordance with the prevailing applicable laws, government decisions, and the use of the Service - including even the software used by the Customer for the Service does not constitute an infringement of any right belonging to a third party and that use of the Service is otherwise also is in accordance with the terms of the Agreement. All ownership and other rights to the information / material that Customer or user stores / post on the Customer's allocated storage space are for the Customer alone Ipeer reserves the right to immediately remove any customer link to a third party website or other space content that is likely to offend or violate any law or any right belonging to a third party or otherwise is not in accordance with Client's obligations under the Agreement It is for the Client to obtain all licenses and consents etc. from all public authorities that is necessary so that the Customer may use the Service The Service includes that Ipeer makes so-called back-up for the Customer's information on the servers. Ipeer does not guarantee that these back-ups each time ensures that information belonging to customer is not lost. It is therefore up to the Customer that, if he wishes to ensure that information is not lost, implement his own backup of these files. The Customer shall keep these "backup" copies in a safe manner. Back-up copies must not be stored within the service / storage space on the server that provides Web hosting service. Ipeer can in no case be held liable for damages, costs and losses etc. arising from the loss of information which the Customer could avoid if he makes regular and necessary back-ups If and when Web hosting packages include unlimited Web space, it exclusively means an unlimited space applicable for public web files that are made available under a single domain. The Customer may therefore not use the Service for backup, storage or other use that is not intended to present information in relation to Internet users in the specified domain If the Customer uses the Web hosting Service in violation of the above, Ipeer has a right to immediately terminate the Customer's contract for service or, if possible, refer the Customer to negotiate the agreement with Ipeer with respect to such service, which includes the customer's actual use of the Web Hosting Service. Ipeer also entitled to compensation as an administrative fee for the Customer s wrongful use of the Service as per the agreement. The size of this - to apply from time to time - seen in Ipeers price list For Web Hosting service Ipeer has a 30 day money back policy. If the Customer is not satisfied with the Service during the initial 30 day period, Customer may cancel the Service. Such cancellation shall be sent to Ipeer and within 30 days of the Customers issued order. The possibility for the Customer to withdraw from the service applies only to Web hosting service, and no other of the Services.

4 5.3. Cloud VPS, Dedicated Server, Hosted Hyper V and Elastic Cloud Server Ipeer provides Cloud VPS, Dedicated Server, Hosted Hyper V and Elastic Cloud Server Services, to the Customer for remuneration in the form of rent leasing the space on a full or "shared" server belonging to and held by Ipeer. Ipeer responsibility during the term of each Service is to make sure that the server has Internet access and electricity supply. Ipeer also provides operating system which is included in the Service. The Customer is then solely responsible for the use and operation of the server and determines a) what is to be stored and made available through the server and b) who is to receive access to the server stored information The Service Dedicated Server includes that only the Customer uses the server that provides the Service. With respect to the Cloud VPS Service the server provides service to more than one client for the same service Service Hosted Hyper V - a so called Cloud Service - contains that Ipeer at each and any time provides the agreed server space to the Customer on any of the servers that Ipeer has available The service Elastic Cloud Server differs from the Service Hosted Hyper V, only by way of pricing and time period of the Agreement. Elastic Cloud Server is supplied by Ipeer "on demand" and per hour in accordance with the Order. The price for the Elastic Cloud Server Service is then determined on the basis of a) The period of time number of hours - that the Customer stated in the Order and b) the scope and manner of the Customer's use of the Service during the time period, at the price determined on the basis of the utilized resources such as CPU, RAM, storage space, IOPS, Backup, and bandwidth, etc., as indicated in the currently valid price list found on Ipeers website The services are otherwise identical The server from which the Service is provided is installed as part of Ipeers IP network. The server is assigned a unique IP address and "hostname". Ipeer manages the allocation of IP address. The server is directly connected to Ipeers core network and to its UPS. Ipeer is responsible for the physical security of the server Ipeer shall provide a set of administrative keys (username and password) to the Customer. Customer is responsible for review and final approval of the server installation and configuration. In the event that any deficiencies related to the server installation and configuration is found, Customer must report it to Ipeer within 5 working days from the date the Customer first received the administrative access keys, failing to do this, the Customer is considered to have approved the installation and configuration It is up to Ipeer - and included in the Service - to: Provide access line between the Service / server and Internet with a 10/100/1 000 Mbit Ethernet connection with such bandwidth as agreed in the Agreement; Assign one (1) IP address, and provide assistance in the search for domain names to be connected to Customer's server. The IP address will be taken back by Ipeer after completed service and Ipeer can reuse it for a new customer.

5 Maintain local service functions where the server will physically be in accordance with the specifications described in the Agreement. The server must be in secure premises to which only authorized service personnel from Ipeer has access Ipeer has no obligations in respect of other service than shown above Customers can, at price indicated on Ipeers website, supplement the Services Dedicated Server and VPS Cloud with the application Control panel which provides increased opportunity to use and customize the service. The control panel is installed by Ipeer. Support and operational responsibilities are excluded from this additional service. If customer demands support and answers to any operational questions about the application / supplementary service it can, as far as Ipeer has capacity, be offered by Ipeer on a consultancy basis in accordance with the applicable price list. Free support is offered via the Plesk forums ( and cpanel forums ( ) The Customer is solely responsible for any and all information or content stored, or made accessible through, the server does not conflict with the terms of this Agreement The Customer is solely responsible for obtaining any permits and other administrative decisions necessary for Customer's use of the Service Cloud Backup Cloud Backup Service includes that the Customer can make various backup`s on Ipeers digital storage. The service is intended to provide an additional backup to the backup that the Customer attends to locally The Customer decides how much storage space at Ipeers servers that Customer wants to use. Customer acknowledges that if Customer's storage space is too small compared to the amount of information the Customer wants to make Backup, Backup service will not operate as intended In relation with the Service, the customer purchases a piece of software - an Agent - that the Customer should install on the computer / hardware, which is responsible for the communication with Ipeer and shall ensure that backup is taken. The Customer has to ensure that the agent works on the Customer's PC / hardware and the communication between the customer's computer / hardware and Ipeer at any given time is functioning. Ipeer takes no responsibility for installation of the Agent on Customer's PC / hardware, or for it subsequently will work with the customer's hardware and other installed software of the Customers computer The Customer himself has to make the settings in the Agent as when the backup should be taken and what data should be included in the backup. It is for the Customer to ensure that the backup has been implemented in ways that the Customer has intended through the specific validation features available in the agent. Ipeer does not check whether the backup has been implemented according to Customer preferences and assumes no responsibility.

6 Customer must at all times ensure that the Backup also takes place locally at the Customer. Ipeer takes no own backup of the data stored by Customer at Ipeer. Customer acknowledges that if the information stored by Customer at Ipeer using the Service is lost, this information cannot be recreated Hosted Exchange Hosted Exchange is a service that allows the Customer to share calendars, , contacts and folders ("Shared Resources") with other users that the Customer chooses and are covered by the Service It is for the customer to set up the connection between each user's computer and the Ipeers server that provides service and at all times ensure that the connection also works. Ipeer have no responsibility therefore The Customer decides how many users to be covered by the Service and thus have access to the shared resources. Each Customer will receive a total storage capacity of ten (10) GB, to be divided between the Customer's different users. Storage capacity can be expanded given a specific fee, shown on Ipeers website The service works only with Microsoft Outlook. Customer must ensure that all the users in this service have valid licenses to use Microsoft Outlook or the Customer may order the Service from Ipeer, including licenses for Outlook for each user, against the prevailing price list. The customer should, for the Service to operate satisfactorily, use the so-called archiving Communication between users and Ipeer is encrypted. The Customer must ensure that the encryption keys, passwords, etc. are not provided to unauthorized persons. Ipeer, in accordance with the Service provides some protection against viruses and so-called Spam. The Customer is aware that this protection is not comprehensive and do not always protect the shared resources from attack From time to time, Ipeers servers are subjected to large amounts of so-called Spam. Customer acknowledges that, at such spam attacks, delays in mail traffic may occur and that Ipeer has no responsibility in this respect. Delays on account of the so-called Spam Attacks shall not be classified as downtime for the Service Ipeer provides and is included in the Service - a backup function. The backup includes backup of the last six days and nights of data. Ipeer does not guarantee that this backup at any given time provides an opportunity to re-read the data, therefore the Customer should also ensure that the backup is done locally by the Customer. Ipeer accepts no responsibility if the information cannot be re-read from the backup that Ipeer provided within the Service Customer acknowledges that there are other providers that provide services relating to and socalled websites to their customers without adequate testing for the presence and distribution of viruses, etc. providers of this type are stopped from time to time by the Internet access. Ipeer takes no responsibility for the , from such suspended supplier, does not reach the Customer. Ipeer reserves the right to stop the coming from or sent to, mail servers and providers that are considered generally on the Internet spreading viruses etc. but have not yet been suspended from the Internet.

7 5.6. Common for all the Services Customer acknowledges that Ipeer, in order to fulfill its commitment to delivering services, must regularly perform service / maintenance of equipment in the form of hardware and software that is used to provide the Services. Customer further acknowledges that such service / maintenance - during which time the services are not available Ipeer informs if possible in good time of planned service / maintenance work, via and /or via the support site: If the Customer's use of the Service is not consistent with the Agreement or give rise to disturbances of the Services that Ipeer has provided to third parties, Ipeer has the right to immediately suspend further deliveries of Service to the Customer. The customer must then promptly be informed that the delivery of service is interrupted Additional information about the Services and their respective contents and conditions listed on the website Ipeer 6. Customer Support 6.1. Customer Support For customer support, or in the event of server errors or other errors in the Service, the Customer should contact Ipeer on the following numbers. Daytime: support@ipeer.se For customer support outside of office hours, separate service contract applies. Before Ipeer is notified of possible errors, the Customer must make sure that the error is not caused by problems with Customer's own equipment or components for which the Customer is responsible of Hardware Ipeer shall, after receiving notice of failure of hardware, initiate the correction of errors before the end of next working day If the Customer notifies malfunction or failure of the Service, which error / malfunction Ipeer cannot be held responsible for, Ipeer has the right to charge for the actions Ipeer takes to investigate and rectify the fault. Ipeers compensation is thereby determined in accordance with relevant time spent and the hourly rate according shown in Ipeers latest price list, which appears on Ipeers website Ipeer have no obligation to assist Customer in remedying defects in the Services that Ipeer is not responsible for. In the event that Ipeer - under special undertaking of Ipeer assists the Customer to rectify the error, Ipeer is entitled to compensation. Compensation shall be determined in the manner described above in p Payment etc.

8 Payment of the price / 'subscription amount "according to the Agreement shall be made quarterly or annually in advance depending on the service and in accordance with what is stated in the invoice. The part of the price for certain Service that is determined based on the Customer's use of the Service, are paid monthly afterwards. The cost of the configuration of the Service and its start-up / establishing the account and the cost for the first time period, is billed when the administrative keys (username and password) is received by the Customer. Consulting and related costs incurred over and above the price according to the Agreement during a calendar quarter shall be billed separately and must be paid within the price of the following Period of Service. In cases in which the Customer uses resources such as bandwidth, web space, space, etc. above the levels permitted under this Agreement, Ipeer will therefore invoice the Customer separately, according to the applicable price list. All invoices must be paid within 30 days from invoice date 8. Contract Times 8.1. Domain Names and Hosting The agreement for the domain name and Web hosting expires in twelve (12) months, or longer period following the Agreement, which range from the installation date. The Agreement shall be considered to extend in the manner described by the Terms and Conditions unless the Customer at least sixty (60) days before the Agreement expires submits a notice of termination. Ipeer can always terminate the Agreement upon thirty (30) days' notice Cloud VPS, Dedicated Server and Hosted Hyper V Agreements for Cloud VPS, Dedicated Server and Hosted Hyper V is for three (3) months, or longer following the Agreement; all calculated from the date of installation. The Agreement shall be considered to extend in the manner described by the Terms and Conditions unless the Customer at least thirty 30 days before the Agreement expires submits a notice of termination. Ipeer can always terminate the Agreement upon thirty (30) days' notice Elastic Cloud server Agreement for Cloud Server runs until further notice. If the Agreement been made to mitigate after certain number of hours, the Agreement ceases to apply when that number of hours is reached Cloud Backup and Hosted Exchange The Agreement for these services is valid for twelve (12) months from the date of the Agreement. The Agreement shall, to be ceased, be terminated three (3) months before the Agreement expires. If the Agreement is not extended, it is considered to be extended in the manner described by the Terms and Conditions. Version: Ipeer Terms of Service