Acceptable Use Policy, Privacy Policy & Service Agreement

  • Legal name: Teddix Retail AB
  • Company Location: Sweden
  • VAT Number: SE556659813101
  • Contact: contact@frag-hosting.com / our contact form.
  • Last updated: July 12, 2019


    Teddix Retail AB ("Frag-Hosting")
    Acceptable Use Policy
    (“AUP”)


    Please read this AUP carefully before using the https://frag-hosting.com website or any internet service operated by Teddix Retail AB ("us", "we", or "our", "Frag-Hosting", "Frag-Hosting.com").

    This AUP governs the use of Frag-Hosting’s web hosting service. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and Frag-Hosting regarding the interpretation of this AUP, Frag-Hosting’s interpretation, in its reasonable commercial judgment, shall govern. If you have any questions regarding this AUP, contact contact@frag-hosting.com.

     

    Table of Contents:
    Offensive Content
    Security
    Bulk Commercial E-Mail
    Unsolicited E-Mail
    Material Protected by Copyright
    Copyright Infringement Notice
    Other
    Disclaimer
    Internet Abuse
    Newsgroup, Chat Forums, Other Networks

    Offensive Content

    You may not publish or transmit via Frag-Hosting’s service any content that Frag-Hosting reasonably believes:


    * constitutes child pornography;

    * constitutes pornography;

    * is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;

    * is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;

    * is defamatory or violates a person’s privacy;

    * creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;

    * improperly exposes trade secrets or other confidential or proprietary information of another person;

    * is intended to assist others in defeating technical copyright protections;

    * clearly infringes on another person’s trade or service mark, patent, or other property right;

    * promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;

    * is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Frag-Hosting; or

    * is otherwise malicious, fraudulent, or may result in retaliation against Frag-Hosting by offended viewers.

    Content “published or transmitted” via Frag-Hosting’s service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by Frag-Hosting.

    Security

    You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.

    Bulk Commercial E-Mail

    You must obtain Frag-Hosting’s advance approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate all of the following to Frag-Hosting’s reasonable satisfaction:

    * Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;

    * Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;

    * You retain evidence of the recipient’s consent in a form that may be promptly produced on request, and you honor recipient’s and Frag-Hosting’s requests to produce consent evidence within 72 hours of receipt of the request.

    * The body of the e-mail must describe how the e-mail address was obtained, for example, “You opted in to receive this e-mail promotion from our Web site or from one of our partner sites,” and information on how to request evidence of the consent, for example, “If you would like to learn more about how we received your e-mail address please contact us at contact@frag-hosting.com.

    * You have procedures in place that allow a recipient to easily revoke their consent – such as a link in the body of the e-mail, or instructions to reply with the word “Remove” in the subject line. Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours;

    * You must post an contact@frag-hosting.com e-mail address on the first page of any Web site associated with the e-mail, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;

    * You must have a Privacy Policy posted for each domain associated with the mailing;

    * You have the means to track anonymous complaints;

    * You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the “TO” line of the e-mail; and

    * You otherwise comply with the CAN SPAM Act and other applicable law.

    These policies apply to messages sent using your Frag-Hosting service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your Frag-Hosting service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.

    Frag-Hosting may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.

    Unsolicited E-Mail

    You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it.

    You must comply with the rules of any other network you access or participate in using your Frag-Hosting’s services.


    Material Protected by Copyright

    You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:

    * you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;

    * you are otherwise permitted by established United States copyright law to copy the work in that manner.

    Frag-Hosting will terminate the service of repeat copyright infringers.

    Copyright Infringement Notice (Digital Millennium Copyright Act)

    If you believe your copyright is being infringed by a person using the Frag-Hosting network, please send your written notice of copyright infringement to:


    Kungsportsavenyn 21, Gothenburg, 41136


    Your notice must include the following:

    * A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

    * Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;

    * Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Frag-Hosting to locate the material;

    * Information reasonably sufficient to permit Frag-Hosting to contact you, such as an address, telephone number, and, if available, an e-mail address;

    * A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner’s agent, or the law;

    * A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    Other

    You must have valid and current information on file with your domain name registrar for any domain hosted on the Frag-Hosting network.

    Disclaimer

    Frag-Hosting is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of the Frag-Hosting network.


    Inquiries regarding this policy should be directed to Frag-Hosting at contact@frag-hosting.com.

    [Possible Additional Provisions Depending on Nature of Service]

    Internet Abuse

    You may not engage in illegal, abusive, or irresponsible behavior, including:

    * Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to Frag-Hosting and its customers) without express authorization of the owner of the system or network;

    * monitoring data or traffic on any network or system without the authorization of the owner of the system or network;

    * Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;

    * Use of an Internet account or computer without the owner’s authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;

    * Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or

    * Any conduct that is likely to result in retaliation against the Frag-Hosting’s network.

    * Use of Frag-Hosting’s network in a way that unreasonably interferes with Frag-Hosting’s other customers use of the network.


    Newsgroup, Chat Forums, Other Networks

    You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.

    Last updated: July 17, 2019

    Hosting Agreement


    This Hosting Agreement (this “Agreement”) is a legal document between Teddix Retail AB (“Frag-Hosting”, “we” or “us”) that is formed under the laws of the State of Sweden with its principal office at Kungsportsavenyn 21, Gothenburg and the person (individual or legal person) (“you”, “your”, or “user”) whose signs Frag-Hosting’s service order and set up form (the “Order”) incorporating this Agreement by reference (“Customer”). This Agreement governs Customer’s use of Frag-Hosting’s hosting service.


    Table of Contents Services
    Term
    Payments
    Law/AUP
    Customer Information
    Indemnification
    Disclaimer of Warranties
    Limitation of Damages
    Suspension of Services/Termination
    Request for Customer Information
    Back Up Copy
    Notices
    Force Majeure
    Miscellaneous
    Money Back Gurantee
    "Unlimited"


    1. Services. Subject to the terms of this Agreement, and contingent on Customer’s satisfaction of Frag-Hosting’s credit approval requirements, Frag-Hosting agrees to provide the web hosting services described in the Order for the fees stated in the Order.

    2. Term.

    The initial service term of the Agreement shall begin on the date that Frag-Hosting generates an e-mail message to Customer announcing the activation of the Customer’s account (the “Service Commencement Date”) and shall continue for the number of months stated in the Order (the “Initial Term”). Upon expiration of the Initial Term, this Agreement shall automatically renew for up to three successive renewal terms of the same length as the Initial Term (each a “Renewal Term”) unless Frag-Hosting or Customer provides the other with written notice of non-renewal at least thirty (30) days prior to the expiration of the Initial Term or then-current Renewal Term, as applicable. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the “Term.”

    3. Payments.

    (a) Fees.

    Fees are payable in advance on the first day of each billing cycle. Customer’s billing cycle shall be monthly or annually as indicated on the Order, beginning on the Service Commencement Date. Frag-Hosting may require payment for the first billing cycle before beginning service. If the Order provides for credit/debit card billing, Customer authorizes Frag-Hosting to bill subsequent fees to the credit/debit card on or after the first day of each successive billing cycle during the Term of this Agreement; otherwise Frag-Hosting will invoice Customer via electronic mail to the Primary Customer Contact listed on the Order. Invoiced fees may be issued on or before the 1st day of each billing cycle, and the fees shall be due on the 14th day following invoice date, but in no event earlier than the first day of each billing cycle.

    If payment is paid via Paypal does it have to be paid in either Euro (€) or United States dollars. Customer is responsible for providing Frag-Hosting with changes to billing information (such as credit card expiration, change in billing address) At its option, Frag-Hosting may accrue charges to be made to a credit/debit card until such charges exceed $10.00. Frag-Hosting may charge interest on overdue amounts at the lesser of 1.5% per month or the maximum non-usurious rate under applicable law. Frag-Hosting may suspend the service without notice if payment for the service is overdue. Fees not disputed within sixty (60) days of due date are conclusively deemed accurate. Customer agrees to pay Frag-Hosting’s reasonable reinstatement fee following a suspension of service for non-payment, and to pay Frag-Hosting’s reasonable costs of collection of overdue amounts, including collection agency fees, attorney fees and court costs.

    (b) Fee Increases. Frag-Hosting may increase its fees for services effective the first day of a Renewal Term by giving notice to Customer of the new fees at least forty five (45) days prior to the beginning of the Renewal Term, and if Customer does not give a notice of non-renewal as provided in Section 2 above, the Customer shall be deemed to have accepted the new fee for that Renewal Term and any subsequent Renewal Terms (unless the fees are increased in the same manner for a subsequent Renewal Term).

    (c) Taxes. At Frag-Hosting’s request Customer shall remit to Frag-Hosting all sales, VAT or similar tax imposed on the provision of the services (but not in the nature of an income tax on Frag-Hosting), regardless of whether Frag-Hosting fails to collect the tax at the time the related services are provided.

    (d) Early Termination. Customer acknowledges that the amount of the fee for the service is based on Customer’s agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In the event Frag-Hosting terminates the Agreement for Customer’s breach of the Agreement in accordance with Section 9 (Termination), or Customer terminates the service other than in accordance with Section 9 (Termination) for Frag-Hosting’s breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due on the business day following termination of the Agreement.

    4. Law/AUP. Customer agrees to use the service in compliance with applicable law and Frag-Hosting’s Acceptable Use Policy posted a https://frag-hosting.com/terms/ (the “AUP”), which is hereby incorporated by reference in this Agreement. Customer agrees that Frag-Hosting may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Customer’s use of the Services. Amendments to the AUP are effective on the earlier of Frag-Hosting’s notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with Frag-Hosting’s reasonable investigation of any suspected violation of the AUP. In the event of a dispute between Frag-Hosting and Customer regarding the interpretation of the AUP, Frag-Hosting’s commercially reasonable interpretation of the AUP shall govern.

    5. Customer Information. Customer represents and warrants to Frag-Hosting that the information he, she or it has provided and will provide to Frag-Hosting for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to Frag-Hosting that he or she is at least 18 years of age. Frag-Hosting may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer’s account until Customer has provided a written notice changing the Primary Customer Contract.

    6 Indemnification. Customer agrees to indemnify and hold harmless Frag-Hosting, Frag-Hosting’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law or the AUP by Customer or any person using Customer’s log on information, regardless of whether such person has been authorized to use the services by Customer.

    7. Disclaimer of Warranties.

    Frag-Hosting DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW Frag-Hosting DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS.

    8. Limitation of Damages.

    NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILIY OF SUCH DAMAGES.

    NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF Frag-Hosting* AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.

    9. Suspension/Termination.

    (a) Suspension of Service. Customer agrees that Frag-Hosting may suspend services to Customer without notice and without liability if: (i) Frag-Hosting reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) Frag-Hosting reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay Frag-Hosting’s reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.

    (b) Termination. The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if Frag-Hosting fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer’s written notice describing the failure in reasonable detail. The Agreement may be terminated by Frag-Hosting prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon ten (10) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from Frag-Hosting describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer’s Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon ten (10) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.

    10. Requests for Customer Information. Customer agrees that Frag-Hosting may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer’s customers or end users that Frag-Hosting believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.

    11. Back Up Copy. Customer agrees to maintain a current copy of all content hosted by Frag-Hosting nothwithstanding any agreement by Frag-Hosting to provide back up services.

    12. Changes to Frag-Hosting’s Network. Upgrades and other changes in Frag-Hosting’s network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer’s hosted content and/or applications. Frag-Hosting reserves the right to change its network in its commercially reasonable discretion, and Frag-Hosting shall not be liable for any resulting harm to Customer.

    13. Notices. Notices to Frag-Hosting under the Agreement shall be given via electronic mail to the e-mail address posted for customer support on http://Frag-Hosting.com/ Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.

    14. Force Majeure. Frag-Hosting shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Frag-Hosting’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

    15. Governing Law/Disputes. The Agreement shall be governed by the laws of the State of Sweden, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods. EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THE AGREEMENT SHALL BE THE STATE AND FEDERAL COURTS IN COUNTY, SWEDEN, AND EACH PARTY AGREES NOT TO DISPUTE SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO.

    16. Miscellaneous. Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party’s name or trade mark without the other party’s prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer’s purchase order or other business forms are not binding on Frag-Hosting unless they are expressly incorporated into a formal written agreement signed by both parties. A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement. A party’s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without Frag-Hosting’s prior written consent. Frag-Hosting’s approval for assignment is contingent on the assignee meeting Frag-Hosting’s credit approval criteria. Frag-Hosting may assign the Agreement in whole or in part.

    17A. For webspace-packages, the following applies: The Customer must ensure that his web site is designed such that the server is not excessively loaded, e.g. caused by CGI/PHP scripts requiring considerable computing power or above average memory usage. Excessive loading shall be defined as such usage of the aforementioned resources such that the operation of a Frag-Hosting server is noticeably impaired or even crashes. We reserves the right to prohibit Customers or third parties from accessing pages that do not comply with the aforementioned requirements.

    17B. If no other agreement has been reached, the following content is forbidden:
    Unsolicited bulk messages (spam e-mails) or web pages that are connected in some way with spamming,
    All scripts and applications that may impair and/or disrupt the function of the server

    17. Should clause 17A or 17B be applicable, we reserves the right to immediately suspend/terminate the Customer's services. This course of action will also be implemented should other sites stored on the server or other server within the network of the Provider be affected by the Customer's Services. The Customer shall be informed about any such suspension/termination.

    This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supercedes and replace any prior understanding or communication, written or oral.

    17. Money Back Gurantee.

    Services rented/purchased from Frag-Hosting may be refunded only if cancelled within 24 hours of the date of the transaction.

     

    PRODUCTS AVAILABLE FOR REFUND UNDER STANDARD TERMS
    Web Hosting
    Gaming VPS
    Basic VPS


    PRODUCTS NOT AVAILABLE FOR REFUNDS
    Redemption Fees
    Domain Name Renewals
    Domain Name
    Domain Transfers
    Service Addons


    REFUNDS FROM BALANCE
    Added credit to accounts is not available for refunds.

     

    18. "Unlimited" Usage Policies and Definitions ("Frag-Hosting Webhosting")

    Using Frag-Hosting Webhosting for online file storage or archiving files is not allowed. Frag-Hosting webhosting accounts is to host web-sites.

    The reselling any of the Service’s resources is strictly prohibited. Any accounts found to be reselling resources will immediately be suspended, with or without notice. Reselling of account resources is only permitted if you are using a Reseller Hosting Plan, a VPS or a Dedicated Server.

     

    19. Overselling of configurable options. RAM, SSD

    We may use the dynamic RAM and SSD space feature. You may not get the full performence because we use this feature.