CUSTOMER AGREEMENT FOR SHARED HOSTING, VPS, AND DEDICATED SERVERS
This customer agreement applies to all online services provided by Guttereso, including shared hosting, virtual private servers (VPS), and dedicated servers. Guttereso is a company based in Cyprus, with data centers located in different countries including the USA, Great Britain, Turkey, Switzerland, Norway, New Zealand, Malaysia, Canada, and others.
- CONTACT PERSON, CLIENT SUPPORT:
All account types include free written support during the specified support hours. Clients may make written support requests through the provided client access (Login: Customer Number, Password: Customer Password).
In general, client support orders are included in the all-inclusive price of the product. Special support requests not included in Guttereso services are only handled in exceptional cases.
- MONITORING SERVICES: Guttereso provides monitoring services for the following with shared hosting and VPS:
- Web Server (HTTP)
- Mail System (SMTP, POP3, IMAP, Spam filter, Virus scanner, Mail dispatch quantity)
- Server Services (FTP, SSH, NTP)
- Databases (MySQL, PostgreSQL)
- Server Load
Hard Drives (S.M.A.R.T., Disk Space Usage)
- SYSTEM FAILURE AND MAINTENANCE WORK:
Guttereso publishes details of system failures and planned maintenance work in advance on https://guttereso.com. Clients may subscribe to receive reports on status by email under the menu item “Administration; Status Report.”
- MASS EMAILS:
Clients must not exceed the limit of 500 emails sent per hour. The dispatch of mass emails/newsletters via email accounts of the web hosting account or via the website of the web hosting account is not permitted. The dispatch of unsolicited advertising is forbidden. Guttereso is entitled to block client accounts that do not comply immediately.
- DATA PROTECTION:
Guttereso provides a daily backup of all data for shared hosting, VPS, and dedicated servers. Data is retained for a maximum of 14 days, and recovery of the backup (Restore) is possible through provided means. It is possible to recover individual files and whole folders as well as accounts.
- CONTENT AND DATA OF CREATED ACCOUNTS:
Changes made by the support team to the deployed and/or received content and sensitive information can only be carried out upon verified requests. Requests can be made in writing as a fax containing the company stamp and a handwritten signature. The support team is not required to undertake work that can be performed by clients.
- CHANGES TO CONFIGURATION FILES:
Individual customization to configuration files is possible for VPS and Shared hosting accounts. This applies to system settings and the services provided. For shared hosting accounts, the following settings are alterable:
- PHP
Selected PHP settings can be changed through provided means. Many further settings can be changed directly via .htaccess file. Settings that exceed the available values and set limits are not alterable. Additional PHP modules other than those offered are not installed. Individual PHP solutions e.g., PHP binaries, are not supported. The following PHP modules are additionally available and can be enabled through provided means: APCu, ImageMagick
- TERM AND TERMINATION:
- FORCE MAJEURE:
Neither party shall be liable for any delay or failure in performance under this agreement resulting from acts beyond its control, including without limitation, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act, failure of the internet, or other causes beyond its reasonable control, provided that the delayed party: (a) gives the other party prompt notice of such cause, and (b) uses its reasonable commercial efforts to correct promptly such failure or delay in performance.
- APPLICABLE LAW AND JURISDICTION:
This agreement shall be governed by and construed in accordance with the laws of Cyprus. Any dispute arising out of or in connection with this agreement, including any question regarding its existence, validity or termination, shall be subject to the exclusive jurisdiction of the courts of Cyprus.
- ENTIRE AGREEMENT:
This agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, representations, and understandings, whether oral or written. This agreement may not be amended except in writing signed by both parties.
- ASSIGNMENT:
The customer may not assign its rights or obligations under this agreement without the prior written consent of Guttereso. Guttereso may assign its rights and obligations under this agreement without the prior written consent of the customer.
- SEVERABILITY:
If any provision of this agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force and effect.
- WAIVER:
The waiver by either party of any breach of any provision of this agreement shall not operate or be construed as a waiver of any subsequent breach.
- NOTICES:
All notices, requests, consents, and other communications required or permitted under this agreement shall be in writing and shall be deemed to have been duly given when delivered by email, mail, or personal delivery to the party to whom such communication is directed at the address specified in this agreement or such other address as either party may specify by written notice to the other party.
This agreement is effective from the moment the customer signs up for the service and continues until the customer terminates the service. The customer may terminate the service at any time, but Guttereso will not refund any unused portion of the service. Guttereso may terminate the service at any time, with or without notice, if the customer violates any term of this agreement.