Terms and Conditions
Service Agreement
- General Provisions
Welcome to SleepyOwl's email and web hosting service (called the "Services").
SleepyOwl makes its Services available only under the following Terms and
Conditions and is subject to the limitations on warranty and liability set forth
below. The words "We" or "Us" mean SleepyOwl and its affiliated business
entities,and the words "You", "Your", or "Yours" refer to You as a user of
SleepyOwl's Services as well as any persons or business entities using Your
Account.
SleepyOwl.net Colin Barschel (called "SleepyOwl") is a private company with its
address at Veltmanplatz 14, 52062 Aix-la-Chapelle, Germany. SleepyOwl hosts email
accounts and Websites for clients, both individuals and businesses, all over the
world.
Please read these Terms and Conditions and the Limitations of Warranty and
Liability carefully.
By clicking on the check box or signing the document, or paying the bill, you indicate Your
acceptance, and You are agreeing to be bound by these Terms and Conditions and the
Limitations of Warranty and Liability set forth below. You are also agreeing that
Your use of the Services will comply with SleepyOwl's Terms and Conditions, as
amended, from time to time, and is in compliance with all laws and regulations
applicable to the Services.
We may modify these Terms and Conditions and the Limitations of Warranty and
Liability, including pricing for future periods of use by You, in our sole
discretion. If We do modify the Terms and Conditions, We will notify You by posting
the amended Terms
and Conditions and the Limitations of Warranty and Liability on the Services, and
by posting a message stating a change has been made on the Welcome page of the
Services. Such modifications shall become effective on the thirtieth day after the
date of posting, and the effective date will be in the notice. If You do not agree
to be bound by the modified terms We post, You may terminate Your use of the
Services by written notice to Us within thirty days after the notice, in which case,
upon written request by You We
will refund the prorated unused Service fees You have actually paid Us.
Because of the unsettled state of the laws of the world with respect to use of
domain names and trademarks, we reserve the right at any time, and for any reason
in our sole discretion, to discontinue the availability or use of any listed or
registered domain name that is part of the Service, upon ten days notice to You.
In such case, should this affects the domain You are using, We will offer You Your
choice of other domains available from Us for the unused period of time for which
You have paid. Where reasonably possible, We will also attempt to provide at least
one month of redirection of Your email to your new email address, by the new owner
of the domain or by Us, if We can do so.
In case of violations of law or misuse of the Services in violation of the Terms
and Conditions, You agree that We have no legal obligation to notify You prior to
terminating Your right to use the Services, although in most cases We will attempt
to advise You of this decision prior to termination where practical to do so. If We
terminate Your Services for
violations, We may, in our sole discretion, elect not to reinstate the Services for
You.
- Acceptable Use Policy
- Your Responsibilities. You are solely responsible for the content of
Your messages and Your website. You are also responsible for timely payment of the service charges
for Your account, lack of payment of which is cause for termination of Service,
without notice by Us to You.
- Spamming is prohibited. We will determine in our sole discretion
whether any of the messages You send are unsolicited email or "spam". For Your
information, spamming is generally deemed to include sending any form of email
that can be interpreted as junk email or bulk email that the recipient has not
specifically requested from You. We reserve the right to take any legal and
technical remedies available to prevent You from sending spam using the Services.
If You send any spam using the Services We may terminate Your account, without
notice, and may exercise any other remedies available to Us.
- System Abuse is not allowed. This includes, but is not limited to,
excessive use
of CPU resources or memory, installing IRC bots, CGI scripts sharing with domains
outside
of Our, mass emails (i.e. 200 or more email messages per day), or using
disproportionate amount of system resources for CGI Scripts. We will determine
what constitutes system abuse.
- Rules relating to minors. If You are under the age of 18 You may not
subscribe for the Services. We will terminate any account where we determine that
the subscriber is underage.
- Privacy Policy.
- Mailbox
Email is private correspondence between the sender and the
recipient.
It is SleepyOwl's policy to respect the privacy of its Users. We will not monitor,
edit, or disclose the contents of a User's private communications unless required
to do so by law or in the good faith belief that such action is necessary to: (1)
conform to the edicts of the law or comply with legal process served on SleepyOwl;
(2) protect and defend the rights or property of SleepyOwl; or (3) act under
exigent circumstances to protect the personal safety of its users or the public.
User acknowledges and agrees that certain technical processing of email messages
and their content may be required to: (1) send and receive messages; (2) conform
to connecting networks' technical requirements; (3) conform to the limitations of
the Service; (4) filter spam; or (5) conform to other similar
requirements.
- Registration Data Privacy We do not share demographics or registration
data with anyone. The same privacy applies to your individual registration data
as applies to your mailbox.
- Your Role in Privacy and Security
You agree to respect the privacy
and confidentiality of others.
Since your privacy is a function of your password, we encourage you to change your
password frequently and to not share it with anyone.
You acknowledge that only you are authorized to use your account. You agree to
not resell or otherwise transfer the Service. You are entirely responsible if you
do not maintain the confidentiality of your password and account. Furthermore, you
are entirely responsible for any and all activities which occur under your
account.
You agree to immediately notify SleepyOwl of any unauthorized use of your account
or any other breach of SleepyOwl security known to you. Such notification does not
obligate SleepyOwl in any way.
- About Your Account.
- Registration data. You agree to provide Us with current, complete, and
accurate registration information in the registration process and to maintain and
update Your registration information as necessary to keep it current, complete and
accurate. Any credit card information You provide Us will be accurate, and You
have full authority to charge items to such credit card. In case you paid the
Services with a credit card, You authorize Us to use the credit card data for
automatic renewal billing and our internal administrative use. Providing false
information of any kinds is cause of immediate termination of the
Services.
- Personal use. You acknowledge that only You are authorized to use the
Services under Your account and password. You agree not to resell the Services nor
allow others (outside Your family) to use Your account. You agree to be fully
responsible and liable for the use of Your account, including any unauthorized use
of Your account by Your family members or a third party you allow to access Your
account. You agree to notify Us immediately by email to the Notice Address listed
below if You become aware of any unauthorized use of Your account.
- Email Storage. The maximum storage amount for Your mailbox and your
website is specified on the service contract. We will not delete any old email in
case of your account has grown too large but we reserve the right to block any
incoming email after a period of seven continuous days over Your limit. We reserve
the right not process any email message that is larger than ten (10)
megabytes.
- Automatic Renewal. If You enrolled initially using a credit card,
unless You notify Us to the contrary prior to the scheduled expiration date of
Your account, We will attempt to renew Your account for a similar time period for
the last enrollment, using Your credit card information previously provided. If
Your credit card company accepts the renewal, Your account will automatically be
renewed for that additional period and the renewal fee will be applied to Your
account; however, if the credit card company rejects the renewal charge for any
reason, We will attempt to notify You that Your account will be canceled for
non-renewal, but if You do not otherwise arrange for payment of the renewal fee,
We reserve the right to cancel the account ten days after sending the cancellation
to Your last known email address on Our records unless We have received payment
from You in some other form by the expiration date in Our notice to You. You may,
of course, pay Us by other means, if You so elect, so long as the payment is
received before the expiration date of Your account. You may also tell us at any
time not to use the credit card for automatic renewal, so long as We receive such
notice before the expiration date and the automatic renewal. Your credit card
company should send You a statement including the renewal fee charged to
You.
- Canceling your account. If Your account is canceled by You or by Us,
all email, including any attachments will automatically be deleted after thirty
days. You will be given a possibility to download the data in this period of
time.
- Other Provisions
- Indemnification. You agree to defend, indemnify, and hold Us, our
parent entities, subsidiaries, affiliates, officers, agents, and employees,
harmless from any claim, demand, or damage, including reasonable attorneys' fees,
caused by or arising out of claims made against Us based upon Your use of the
Services. Such indemnity by You includes claims arising out of use by anyone in
Your household, immediate family, or anyone You give Your password to, regardless
of whether You were aware of the improper use they made or make of the
Service.
- Survival of terms and conditions. You must adhere to these Terms and
Conditions for so long as You are using the Services. Either You or We may
terminate Your use of the Services at any time, with or without cause, as provided
in these rules. All of the provisions of these Terms and Conditions will survive
any termination of the Service, to the extent applicable, including without
limitation, but in particular, the Indemnification, Choice of Law, Limitation of
Liability and Warranty provisions.
- Choice of law. These Terms and Conditions of Service and the Warranty
and Limitation of Liability shall in all respects be interpreted, construed in
accordance with, and governed by the internal laws of the State of
Nordrhein-Westfalen in Germany. The place of making and the place of performance
of this Account for all purposes shall be Aix-la-Chapelle, Nordrhein-Westfalen in
Germany, regardless of the actual place of execution or
performance.
- Entire agreement. These Terms and Conditions of Service and the
accompanying Warranty and Limitation of Liability constitute the entire agreement
and understanding between You and Us and supersede any prior agreement or
understanding, whether oral or written, relating to the subject matter of the
Account and Warranty. These Terms and Conditions may only be modified by a
subsequent written agreement signed by Us, or published by Notice by Us as
provided above.
- Responsibility for material you download. You understand and agree that
any material or data downloaded or otherwise obtained through the use of the
Service is done at Your own discretion and risk, and You will be solely
responsible for any damage to Your computer systems or loss of data that results
from the download of such material or data. Third party material may contain
viruses, and You should use virus protection software on Your
system.
- Responsibility for your purchases. We make no warranty regarding any
goods or services purchased or obtained through the Service or any transactions
entered into through the Service, the selection of which is solely Your
responsibility.
- Not responsible for advice. No advice or information, whether oral or
written, which You obtain from Us or through the Services shall create any
warranty not expressly made herein.
- Partial invalidity - Waiver. If any provision of These Terms and
Conditions of Service or the accompanying Warranty and Limitation of Liability is
held to be invalid or unenforceable, such provision shall be struck and the
remaining provisions shall be enforced. Our failure to act with respect to Your
breach does not waive our right to act with respect to subsequent or similar
breaches.
- Our Limited Warranty.
- What Is Covered By The Warranties. We warrant that the Services will be
provided and perform substantially in accordance with the Description of Services
set forth on our Web Site from time to time.
- Duration Of The Warranties. The above express warranties are made for a
period of sixty (60) days from the date You initially subscribe to the Services or
if You are subscribing to and paying for any Special Service offerings, if any,
for as long as You are subscribing to and paying for the Special
Services.
- Correction of Service Nonconformities. We will attempt to correct any
material nonconformities between the Description of Services and the Services
actually available to You, provided that You report the nonconformity to Us during
the warranty period. We may either modify our Services or the Description of
Services in order to bring them into conformity with each other.
- Final Remedy. If for any reason, We fail to correct a nonconformity
between the Services and the Description of Services within a reasonable time, We
may elect to terminate Your account and refund any un-amortized prepaid service
fees actually paid by You, as an alternative to correcting the nonconformity. Any
such refund will be made by Us for the remaining whole months in the then
applicable prepayment term.
- We do not warrant that the Services will meet Your requirements or that the
operation of the Services will be uninterrupted or error free. The warranty does
not cover any failure of the Services that results from any problems or failures
of Your computer systems, Your Internet connection, or of any other data
communications systems You employ to access the Services.
- ANY IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE ARE LIMITED TO THE TERM OF THE EXPRESS WARRANTIES. Some
states and countries do not allow limitations on how long an implied warranty
lasts, so the above limitation may not apply to You.
- WE SHALL NOT, IN ANY CASE, BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL,
INDIRECT OR OTHER SIMILAR DAMAGES ARISING FROM ANY BREACH OF THESE WARRANTIES OR
UNDER ANY OTHER LEGAL THEORY EVEN IF WE OR OUR AGENT HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. Some states and countries do not allow the exclusion
or limitation of incidental or consequential damages, so the above limitation or
exclusion may not apply to You.
- You must notify Us of any breach of the above warranties during the warranty
period. In the event You encounter a performance problem with the Services, You
must report the problem to Our technical support department during the warranty
period. We (SleepyOwl) may be contacted as follows:
by regular mail at SleepyOwl.net Colin Barschel, Veltmanplatz 14, 52062
Aix-la-Chapelle, Germany
By email at postmaster@SleepyOwl.net
To prevent errors, such notices cannot
be given and will not be accepted by voice telephone calls.
- The warranties set forth above are in lieu of all other warranties, whether
oral, written, express, or implied, and THE REMEDIES SET FORTH ABOVE ARE YOUR SOLE
AND EXCLUSIVE REMEDIES. Only an authorized officer of SleepyOwl (Us) may make
modifications to this Warranty, or provide additional warranties binding on Us.
Accordingly, additional statements such as advertising or presentations, whether
oral or written, do not constitute warranties by Us and should not be relied upon
as such. This Warranty gives You specific legal rights, and You may also have
other rights, which vary from state to state and country to
country.
- Fees and costs related to all domain registrations, including but not limited
to .name, com, .net and .org domains, are non-refundable and are subject to the
terms and conditions of the registrar.
End of terms and conditions and warranties
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