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General Terms and Conditions Milagos
Account: the customer Email Address used by the Customer to access the System of Milagos.
Email Address: an address code set up in the Customer’s name for exchanging electronic messages over the Internet.
Customer: the natural or legal person who has concluded an Agreement with Milagos.
Home Page: an Internet site, or a title page or introduction page on a website on the Internet, that has been set up in the Customer’s name.
Login Procedure: the procedure prescribed by Milagos that allows the Customer to gain access to the System.
Request for Comments (RFC): a collection of technical and organisational Guidelines and descriptions of common protocols, procedures, software and terms on the Internet as well as their use (ftp://ftp.ripe.net/rfc and http://www.rfc-editor.org).
Netiquette: the generally accepted code of conduct on the Internet set forth in the Request for Comments (RFC) 1855 (ftp://ftp.ripe.net/rfc/rfc1855.txt) and its future amendments.
Agreement: the agreement between Milagos and a Customer, on the basis of which Milagos provides Services.
Personal details: any information pertaining to an identified or identifiable natural person.
System: computers and related hardware used by Milagos to provide the Customer with access to the Internet.
Website: one or more integrated web pages preceded by a Home Page.
Milagos Services: the services provided by Milagos to its Customers.
These general terms and conditions shall apply to all legal relations between Milagos and the Customer, regardless of the basis of said relations, except where expressly agreed to the contrary in writing by the parties.
All offers made by Milagos are free of obligations unless expressly indicated otherwise in writing in the offer. Application of any general purchasing terms and conditions from the Customer is expressly rejected.
An Agreement is concluded as soon as Milagos receives back an agreement or request/authorisation form, which was sent to a prospective customer, signed and completed in full, or if Milagos has made services available in another manner under contract from the prospective customer. After acceptance of the offer by the customer, Milagos is entitled to retract the offer immediately or later. In the event of a retraction, an agreement will not be concluded and Milagos shall be obligated to repay all sums that it has received to the Customer. Milagos can reject a prospective customer for its own reasons.
Contrary to the provisions of section 6:235(2) of the Dutch Civil Code, Milagos shall not be bound by any deviations appearing in the acceptance by the Customer of the offer made by Milagos.
Milagos is entitled to amend these general terms and conditions at any time. Amendments shall also apply to Agreements concluded in the past. Amendments shall take effect one (1) month after their announcement in the manner referred to in clause 3.2. If the Customer is not in agreement with the amendments, then, contrary to clause 12.1, the Customer shall be entitled, up to the time that the amendments take effect, to cancel the Agreement as of the date on which the amended terms and conditions take effect.
The Customer shall owe a fee according to the service(s) provided by Milagos. All prices are exclusive of sales tax (VAT), administrative fees and any additional levies and/or charges unless indicated otherwise in the Agreement or in another manner.
Milagos is entitled to amend the fees and other charges at any time without notice.
The Customer shall be responsible for sales tax, consumption tax, transfer duty, custom duty, octroi duty, excise duty, income tax, and all other taxes and duties, whether international, national, state or local, however designated, which are levied or imposed or may be levied or imposed, with respect to this Agreement and the Milagos Products.
The fees payable to Milagos must be paid in advance unless agreed otherwise in writing. The Customer is required to pay the amount due within fourteen (14) days of the invoice date.
Customers who fail to remit payment within the term indicated in clause 4.1 shall be legally in default and shall owe statutory interest on the invoice sum, with no need of any additional notifications or reminders. Furthermore, all reasonable costs incurred in order to arrive at an out-of-court settlement shall be covered by and at the risk of the Customer. These fees shall be equal to 15% on top of the amount due, with a minimum of €100.00, unless Milagos demonstrates that more costs were actually incurred.
OBLIGATIONS OF Milagos
Milagos shall act as a good service provider by:
Providing the Customer with a connection to the System for the Milagos Services agreed to in the Agreement.
Establishing and maintaining the connections that can be made to the Internet using the System.
Protecting data (including personal details) that are stored. The Customer database may be transferred to a third party in case same third party acquires the brand and services of Milagos.
Milagos does not guarantee unrestricted access to the System or the Internet. Nor does Milagos guarantee that it will be possible to use the Milagos Services at all times.
Milagos is not liable for the functioning of the third-party telecommunications infrastructure and associated peripheral equipment or for failure to meet obligations on the part of any third parties providing services to Milagos in the execution of the Agreement.
Milagos provides name holders (registrants) of all offered Top Level Domains (TLD’s) the opportunity, prior to accepting and completing registration of a .TLD name, to review online the Realtime Register and Conditions for registering a domain name, as set forth under: https://www.realtimeregister.com/terms-conditions. By accepting the Agreement, the Customer also abides to the Realtime Register Terms and Conditions.
OBLIGATIONS OF THE CUSTOMER
The Customer shall act in accordance with that which may be expected of a responsible and careful Internet user.
The Customer shall notify Milagos as quickly as possible of any relevant changes to the Customer’s details.
The Customer is responsible for any and all use (including by third parties) of the Milagos Services via the Customer’s Account.
The Customer is required to log out every time the Customer wants to end the Milagos Services. Any damages or costs incurred as a result of logging out improperly shall be covered by the Customer.
The Customer shall refrain from interfering with other Customers or Internet users and from causing damage to the System. It is prohibited for the Customer to use any processes or programs – whether via the System or otherwise – which the Customer knows or should reasonably suspect will interfere with or cause damage to Milagos or other customers or Internet users. Customer is only permitted to use processes or programs if there is a direct connection to the System that is uthorised by Milagos.
It is not permitted for the Customer to use the System or the storage space for any actions and/or conduct that is in conflict with the applicable legal requirements, Netiquette, specifications in the applicable Request for Comments (RFC), the guidelines of the Dutch Advertising Code Committee (Reclame Code Commissie), the Google dSense Program Policies, the Agreement or these general terms and conditions. This includes but is not limited the following actions and conduct:
Sending out large volumes of unsolicited emails with the same content and/or posting an unsolicited message with the same content on a large number of news groups on the Internet (‘spamming’).
Acting in violation of third-party intellectual or industrial property rights (including database rights).
Publication or dissemination of (child) pornography.
Sexual harassment and other forms of harassment.
Unauthorised intrusion into other computers or computer systems on the Internet (‘hacking’).
Any of the actions, content and conduct as described under: https://support.google.com/adsense/answer/48182?hl=en
It is not permitted for the Customer to transfer his or her Account or other rights under the Agreement or to make them available to third parties without the express written consent of Milagos. Without prejudice to the other provisions under section 6, the Customer is permitted to have a website designed, put on the System and maintained by a third party.
The Customer is restricted to the amount of data storage indicated in the Agreement. The Customer is responsible for ensuring that this limit is not exceeded. If the limit is exceeded, then Milagos shall be entitled to delete information in order to ensure proper functioning of the Milagos Services.
The Customer shall provide the necessary hardware, software, peripheral equipment and connection to enable access to the System.
Milagos is entitled, without being required to pay the Customer any compensation for damages and without further notification, to immediately disable, suspend or impose additional conditions on the connection to the System provided to the Customer whenever and for as long as the Customer acts (or is suspected to have acted) in violation of the provisions of clauses 6.1 to 6.8.
The Customer indemnifies Milagos for any and all third-party claims, including claims pertaining to damages as well as other claims, arising in any way, shape or form from the Customer’s use of the Account, the System or the Internet, or due to non-compliance on the part of the Customer with the Customer’s obligations resulting from the Agreement or these general terms and conditions.
INTELLECTUAL PROPERTY RIGHTS
Milagos or its licensers hold all intellectual or industrial property rights (including database rights) to all materials developed by virtue of the Agreement, such as documentation and offers, as well as their preparatory materials. The Customer only receives the rights of use and authorisations granted in these terms and conditions or otherwise expressly granted. Furthermore, the Customer shall refrain from reproducing or making copies of any material.
Milagos shall indemnify the Customer for any and all legal actions based on a claim that materials developed by Milagos itself infringe on an intellectual or industrial property right that is valid in the Netherlands, under the condition that the Customer must notify Milagos immediately and in writing of the existence and content of the legal claim and must leave the handling of the case, including any arrangements to be settled, entirely to Milagos.
For the purposes of the above, the Customer shall provide Milagos with the necessary powers of attorney, information and cooperation to defend itself, if necessary in the Customer's name, against these legal claims.
This indemnification requirement shall be rendered void if and to the extent that the infringement in question is related to changes to the materials made by the Customer or third parties on the Customer’s behalf.
If it has been established in court as an incontrovertible fact that the materials developed by Milagos itself infringe on any intellectual or industrial property rights belonging to a third party or if there is a reasonable chance that such an infringement exists in the opinion of Milagos, then Milagos shall (at its own discretion): Ensure that the Customer is able to continue using the materials provided, or other functionally equivalent materials, in an unimpeded manner.
Milagos shall not accept any other additional liability or indemnification requirement due to violation of third-party intellectual or industrial property rights, including liability and indemnification requirements of Milagos for infringements caused by use of the materials in a form that was modified by someone other than Milagos, in connection with hardware or software not supplied or provided by Milagos or in a manner other than that for which the materials provided by Milagos were developed and intended.
Milagos accepts legal obligations to provide compensation for damages to the extent that this follows from section 8.
Milagos is not liable for damages incurred by the Customer due to shortcomings on the part of Milagos in the execution of the Agreement. In particular, Milagos is not liable for damages related to or resulting from: interruptions in or blockage of access to the System or the Internet, security failures with respect to the Customer’s data in storage, actions of other customers or Internet users, changes to dial-in numbers, login procedures, Accounts or Email Addresses. However, the total compensation for direct damages shall not exceed €10.00 in any case. The meaning of ‘direct damage’ shall be restricted to:
Reasonable costs incurred in determining the cause and the scope of the damage, to the extent that this examination pertains to direct damage in the sense of these terms and conditions.
Reasonable costs incurred to prevent or limit damage, to the extent that the Customer demonstrates that these costs resulted in limitation of direct damage in the sense of these terms and conditions.
The total liability of Milagos for damages due to death or bodily harm or for damage to equipment shall not under any circumstances exceed €150.00 per event, where a series of related events shall be considered a single event.
However, the maximum sums given in clauses 8.2 and 8.3 shall be rendered void if and to the extent that the damage is the result of deliberate intent or serious misconduct on the part of Milagos.
Milagos shall not accept any liability for indirect damage, including consequential loss, lost profit, lost savings and damage due to business stagnation. 8.6 The Customer shall only be entitled to compensation for damages under the condition that the Customer reports the damage in writing to Milagos as soon as possible after its occurrence.
Any Customers who act in violation of their obligations under the Agreement or these general terms and conditions shall be liable for all resulting damages incurred by Milagos.
For access to the System, Milagos grants the Customer the non-exclusive and non-transferable right to use the System for the duration of the Agreement.
In exchange for payment under contract from the Customer, Milagos shall provide registration of domains with Realtime Register B.V.. The selection of the domain name is at the Customer’s discretion and risk. Milagos does not accept any liability with regard to selection and use of the domain name.
Milagos offers the Customer the option to open a Homepage. Milagos shall make a limited amount of storage space available for this.
Milagos is entitled to cancel or restrict the Customer’s access to the System if the Customer exceeds the amount of data traffic agreed to in the Agreement within a calendar month. The Customer is obligated to pay Milagos a reasonable fee for the amount of data traffic in excess of the limit. Milagos shall not enact the cancellation or restriction until (5) days after the Customer is notified of such by Milagos. Milagos is not liable for compensation for any damages resulting from a cancellation or restriction. The administration of Milagos shall provide proof of the violation of the data traffic limit, which shall be binding on the parties except for proof to the contrary from the Customer.
Milagos provides following Web Services ("SERVICES")
a. Domain Forwarding,
b. Mail Forwarding,
c. Managed DNS,
d. SSL Certificates,
e. Hosting ("Hosting Service"‚ including Budget-, Power, Email-, and Website Builder Hosting) the Customer wishes to order, purchase and activate through Milagos the SERVICES
NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, Milagos and the Customer, intending to be legally bound, hereby agree as follows:
i. Customer Election. Customer hereby elects to provide, activate and/or sell the SERVICES through Milagos.
ii. Milagos's Acceptance. Milagos hereby accepts Customer's election to order, activate and/or purchase the SERVICES through Milagos.
TERMS FOR HOSTING SERVICES
Rights of Milagos While certain attributes of the Hosting Service may consist of unlimited resources, Customer recognises that the Hosting Service is a shared hosting service, and that the Milagos has the right in its sole discretion to apply any hard limits on any specific attribute or resource on the Hosting Service at any given time without notice in order to prevent degradation of its services, or incase of any breach or violation or threatened breach or violation of this Agreement, or in case Milagos learns of a possibility of breach or violation of this Agreement which Milagos in its sole discretion determines to be appropriate, or to protect the integrity and stability of the Milagos Products and the Hosting Platform, or to avoid any liability, civil or criminal, on the part of Milagos and/or Service Providers, or for any other appropriate reason. The Customer agrees that Milagos and Service Providers, and the contractors, employees, directors, officers, representatives, agents and affiliates, of Milagos and Service Providers, are not liable for loss or damages that may result from any of the above.
Terms of Usage Customer, or its contractors, employees, directors, officers, representatives, agents and affiliates and Hosting Platform Users, either directly or indirectly, shall not use or permit use of the Hosting Services, in violation of this Agreement, and for any of the activities described below -
A. General Terms
(1) For any unacceptable or inappropriate material as determined by Milagos in its sole discretion, including but not limited to Topsites, IRC Scripts/Bots, Proxy Scripts/Anonymizers, Pirated Software/Warez, Image Hosting Scripts (similar to Photobucket or Tinypic), AutoSurf/PTC/PTS/PPC sites, IP Scanners, Bruteforce Programs/Scripts/Applications, Mail Bombers/Spam Scripts, Banner-Ad services (commercial banner ad rotation), File Dump/Mirror Scripts (similar to rapidshare), Commercial Audio Streaming (more than one or two streams), Escrow/Bank Debentures, High-Yield Interest Programs (HYIP) or Related Sites, Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme), Sale of any controlled substance without prior proof of appropriate permit(s), Prime Banks Programs, Lottery Sites, MUDs/RPGs/PPBGs, Hateful/Racist/Harassment oriented sites, Hacker focused sites/archives/programs, Sites promoting illegal activities, Forums and/or websites that distribute or link to warez/pirated/illegal content, Bank Debentures/Bank Debenture Trading Programs, Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com), Mailer Pro.
(2) Use over 25% of system resources, including but not limited to Memory, CPU, Disk, Network, and Bandwidth capacity, for longer than 90 seconds in any consecutive 6 hour period.
(3) Execute long-running, stand-alone, unattended server-side processes, bots or daemons.
(4) Run any type of web spiders or indexers.
(5) Run any software that interfaces with an IRC (Internet Relay Chat) network.
(6) Run, host, or store any P2P client, tracker, software, server, files, content or application, including bittorrent.
(7) Participate in any P2P or file-sharing networks.
(8) Use excessive resources which in the Milagos's sole discretion result in damage or degradation to the performance, usage, or experience of the System, other users, other orders, and any of Milagos's services.
(9) Use the email service for sending or receiving unsolicited emails.
(10) Use the email service for sending or receiving emails through automated scripts hosted on your website. For sending out promotional emails, email campaigns, etc., we recommend using the Mailing Lists feature rather than using your email account. Upon detection of such mails going through the regular mailing system, such mails will get classified as spam even though the recipient might have opted in for receiving such mails. This would lead to immediate cessation of mail sending capabilities for the user or the domain name. Frequent violation would lead to permanent suspension of the domain name.
(11) Sending mails to invalid recipient email addresses. On receipt of too many bounce back messages due to invalid recipient email addresses, the user sending such mails would get blocked. Frequent violation would lead to permanent suspension of the domain name.
(12) Sending mails from an email address that is not valid and which results in triple bounces would result in suspension of the user sending such mails. Frequent violation would lead to permanent suspension of the domain name.
(13) Send emails with malicious content. Such emails could be emanating from user(s) whose machine(s) are infected with a virus or malware and such activity could be happening without the user(s) knowledge or user(s) could be unknowingly sending out emails whose receivers may deem them as unsolicited.
(14) Run cron entries with intervals of less than 15 minutes.
B. Web, Email Hosting Specific terms
(1) As a backup/storage device.
(2) Run any gaming servers.
(3) Store over 100,000 files.
(4) Constantly create and delete large numbers of files on a regular basis, or cause file system damage.
(5) Run any MySQL queries longer than 15 seconds.
(6) Divide Multi-Domain Hosting Orders into smaller packages to resell. Multi-Domain Hosting Services may be used by only one company/Customer to host multiple domain names/websites.
(7) Store a large number of media files (audio, video, etc.), wherein the limit is at Milagos's sole discretion.
(8) Send over 100 messages per hour per user and/or 300 messages per hour for a domain name. Receive a high volume of emails, by a user or domain name, in any given period of time.
(9) Violate the above Terms of Usage for a Hosting Service which comprises of the Do-It-Yourself Website Builder website builder.
Package specific Terms of Usage
A. WEBSITE BUILDER
(1) The free package allows only images to be uploaded. Other packages support pdf, doc, xls etc. Executable files are not permittited.
(2) The free package contains Google advertisements (or other network) at the bottom of the website.
(3) Max file uploads with the free package will have a fair use of 10x the number of pages with a maximum of 1000.
(4) Maximum traffic use per month equals 10x disk size per package payed-for packages . For the free package maximum traffic is 2 Gig per month. Milagos may choose if the package goes offline when the limit is reached, or that extra bandwidth will be invoiced at $ 0.25 per Gigabyte.
(5) Email box sizes are standard 200mb and can be adjusted in the range from 100mb to 2048mb. The total disk size includes all email accounts. Unlimited email addresses have a fair use policy of 100 addresses per domain name.
(6) Unlimited pages with the unlimited package has a fair use of 1000 pages.
(7) Unlimited disk size with the unlimited package has a fair use of 50 Gig.
(8) Only one domain name per package is allowed.
(1) The Pro package has a fair use maximum of 150 email accounts and 300 GB of disk space.
(2) The free package is in combination with the Roundcube web mail client and contains advertisements in the user interface.
(3) POP,SMTP and IMAP connectivity is depending on the email package.
C. PERSONAL HOSTING
(1) Unlimited disk space has a fair use of 200 GB.
(2) Mailbox sizes are adjustable in the range 100-2048 MB and are allocated to the total disk space.
(3) No Cronjobs are allowed within the personal hosting packages.
(4) Email accounts have pop3, smtp, and imap support.
D. POWER HOSTING
(1) Mailbox sizes are ajustable in the range 100-2048 MB and are allocated to the total disk space.
(2) Cronjobs are allowed within the Power & Business hosting packages.
(3) Email accounts have pop3, smtp, and imap support.
(4) Unlimited FTP accounts have a fair use of 100 accounts.
Milagos shall make every effort to handle complaints regarding Milagos services in an optimal manner and to successfully improve Milagos services. Milagos is under no obligation to provide personal responses to complaints.
Submission of a complaint leaves the Customer’s other obligations intact.
Milagos is entitled, without prior notice, to render the System (temporarily) unavailable for use or to restrict its use to the extent necessary for the purposes of reasonably necessary maintenance or necessary changes or improvements to be implemented in the System by Milagos, without the Customer having any entitlement to claim compensation for damages from Milagos.
Milagos is entitled to make changes at any time to the dial-in numbers, the Login Procedure, the Account and the Email Addresses, without the Customer having any entitlement to claim compensation for damages from Milagos. In such cases, Milagos shall notify the Customer of the changes as soon as possible.
DURATION AND END OF THE AGREEMENT
The Agreement is always entered into for the term specified in the Agreement. The Agreement shall be automatically extended by the same term unless one of the parties notifies the other party that it will not be extending the Agreement by no later than one (1) month before conclusion of the current term. Cancellation is possible either in writing or by fax, with the understanding that the period of notice will not begin until the day on which Milagos receives the cancellation.
Without prejudice to the provisions of clauses 12.3 and 12.4, a party shall only be entitled to dissolve
the Agreement if the other party falls short in a culpable manner in the fulfilment of essential obligations
resulting from the Agreement after a written notice of default that is thorough and as detailed as possible and
which sets a deadline for correction of the shortcoming.
If the Customer fails to meet one or more of the obligations arising from the Agreement or these general terms and conditions, or fails to meet such obligations properly or in a timely manner, or if serious doubts arise regarding the Customer’s ability to meet the Customer’s obligations to Milagos, then Milagos shall be entitled, without notice of default or any legal intervention, either to suspend the agreed Milagos service(s), or to rescind the Agreement in whole or in part, without Milagos incurring any liability for compensation for damages and without prejudice to any other rights falling to Milagos.
Milagos shall be authorised, without further notice of default or legal intervention, to rescind the Agreement effective immediately and suspend the Milagos Services in the event that:
The Customer has provided Milagos with false and/or incorrect and/or incomplete Personal
Details on the Customer.
The Customer has entered into the Agreement under false pretences.
The Customer acts in violation of any of the clauses from 6.1 to 6.8.
The Customer files for bankruptcy.
The Customer is granted (temporary or permanent) moratorium of payment.
The Customer’s enterprise is liquidated or terminated other than for the purposes of restructuring or a
merger of enterprises.
After termination or rescission of the Agreement, the connection to the system provided to the Customer
shall be immediately disabled by Milagos. The Customer shall immediately cease using the System
and Milagos Services.
SECURITY AND PRIVACY
By entering into an Agreement, the Customer grants Milagos permission to process the Customer’s Personal Details for the purposes of executing the Agreement and Milagos's administrative and managerial activities. These Personal Details shall only be accessible to Milagos and shall not be made available to third parties unless Milagos is obligated to do so by force of law or a court order.
Milagos shall refrain from accessing the Customer’s (personal) emails and/or files and from providing them to third parties unless Milagos is obligated to do so by force of law or a court order, or in the event that the Customer acts (or is suspected to have acted) in violation of any of the clauses from 6.1 to 6.8 of these general terms and conditions.
If Milagos processes any of the Customer’s Personal Details by means of Milagos Services, then Milagos shall do so as a Personal Detail processor in the sense of the Dutch Data Protection Act (Wet bescherming persoonsgegevens (WBP)). The Customer shall meet all obligations falling to the Customer as the responsible party in the sense of the WBP for this data processing and shall indemnify Milagos for any legal actions based on failure to meet these obligations.
If the Customer uses Milagos Services to transfer Personal Details to countries outside of the European Union, then the Customer shall indemnify Milagos for all third-party legal actions based on the assertion that these Personal Details were handled in violation of the provisions of the WBP.
Milagos shall take appropriate technical and organisational measures to protect the Personal Details from loss and all manner of improper processing. These measures guarantee a suitable level of security, taking into account the state of the art and the costs of implementation, in light of the risks involved in processing and the nature of the data to be protected.
Force majeure shall include all external causes that were not reasonably foreseeable and which result in Milagos being unable to meet its obligations to the Customer. This includes but is not limited to disruptions in the connection to the Internet, disruptions in the telecommunications infrastructure and disruptions in networks as well as non-culpable shortcomings on the part of parties who provide services to Milagos in the execution of the Agreement.
Milagos shall be entitled to invoke force majeure if the circumstance that impedes (additional) fulfilment arises after Milagos should have met its obligation.
During force majeure, the performance and other obligations of Milagos shall be suspended. If the period during which Milagos is unable to meet its obligations due to force majeure lasts longer than two (2) weeks, then either party shall be authorised to rescind the Agreement without legal intervention without the other party having any right to claim compensation for damages.
Any Agreements concluded and these general terms and conditions shall be governed exclusively by Dutch law. The district court in Zwolle holds exclusive jurisdiction over any disputes arising from or in connection with Agreements, without prejudice to the parties’ rights to request settlement in summary proceedings.
If a Customer who is not acting in the exercise of an occupation or a business is not in agreement with the choice of court as per clause 15.1, then the Customer shall be entitled, within a period of one (1) month after Milagos invokes clause 15.1, to opt for settlement of the dispute by the competent court according to the law.
Should one or more of the provisions in these general terms and conditions become void or reversible, this shall not affect the validity of the other provisions. In the event that one or more of the provisions in the terms and conditions become void, then the parties shall be obligated to adhere to texts that correspond to the voided provisions as closely as possible without being subject to nullity.