1. Applicable Law
The applicable law for the company Prager-IT e.U. which is operated out of Austria, Graz is Austrian law.
2. Jurisdiction and Venue
Prager-IT e.U. is a company operated out of Austria and falls under Austrian jurisdiction. It is registered at the Landesgericht für Zivilrechtssachen Graz, Marburger Kai 49, 8010 Graz. The venue for any law suits shall be Austria in the city of Graz.
Prager-IT e.U. assigns address space in good faith and according to the RIPE NCC's guidelines and regulations. Any misconduct is without Prager-IT e.U.'s knowledge and without Prager-IT e.U.'s consent. Therefore Prager-IT e.U. is not liable for any misconduct of its clients.
4. No Refunds
Unless your service is no longer provided you are not entitled to a refund.
5. User Tracking and Cookies
Payment is due immediately, if your invoice is overdue you will get terminated immediately.
7. Blacklisted IP Addresses
If your assigned IP address gets listed on the Spamhaus or Barracuda blacklist a fine of EUR 100, +VAT if applicable, per blacklisted IP address will be charged and your service will be immediately terminated.
8. Due Diligence
During the validation process various documents may be requested.
9. Use of common sense in regards to the usage of Internet Protocol(IP) Ressources
Clients are required to use common sense when they are in doubt if an activity is acceptable, if you need to ask whether your activity is disallowed it probably is.
10. Abuse Policy
Any form of abuse will result in an immediate termination, you are required to keep your service secure at all times.
You have to maintain your own backups.
12. Traffic Anonymizer
Services that anonymize traffic are forbidden. An example of this is the Tor service, you are not allowed to run any kind of traffic anonymizer and will get terminated immediately if you do so.
13. Best Effort
Services are provided on a best effort basis without any guarantees.
14. Bulk Mailing
Any form of bulk mailing is not allowed and you will get immediately terminated if you bulk mail.
15. Mail Ports
Open mail ports are a privilege and not a right.
16. Copyright Infringement
If you infringe on copyrights you will get immediately terminated.
17. Data Loss
Prager-IT e.U. is neither responsible nor liable in case of a data loss, you are required to keep your own backups.
18. No Hand Holding
Services are provided for professionals and captains of industry, there won't be any hand holding or software support.
19. Accurate Account Details
Any information you provide needs to be kept up to date at all times, if you provide wrong information your service will get terminated immediately.
20. RIPE NCC Database Assignment
Your information will be used to create a RIPE NCC Database Assignment for the Internet Protocol(IP) ressources you are using.
21. SMS Message Verification
Before your service is getting activated you will be verified via SMS message.
22. Service Provisioning and Verification
Services are not automatically provisioned and accounts are not automatically verified, please keep this in mind and wait at least 72 hours before inquiring about your order.
23. Email Address Verification
Your email address needs to be verified before your service is provisioned.
You are not allowed to install Windows.
25. Controversial Services
You are not allowed to host controversial content and services. If there is a good chance that other people think that what you are hosting is a problem it is a problem.
26. Service Duration
Your service is provided for the duration of your billing cycle and may be discontinued afterwards.
27. Inflation Adjustment
After 12 months of service your service fee will get adjusted on a yearly basis if necessary.
ACCEPTABLE USE POLICY
This Acceptable Use Policy document, including the following list of Prohibited Activities, is an integral part of your Hosting Agreement with Prager-IT e.U.. If you engage in any of the activities prohibited by this AUP document Prager-IT e.U. may suspend or terminate your account.
Prager-IT e.U.'s Acceptable Use Policy (the "Policy") for Prager-IT e.U. Services is designed to help protect Prager-IT e.U., Prager-IT e.U.'s customers and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by Prager-IT e.U.. Prager-IT e.U. reserves the right to modify the Policy at any time, effective upon posting at https://go.prager-it.com/index.php?rp=/knowledgebase/3/Terms-of-Service.html.
Prohibited Uses of Prager-IT e.U. Systems and Services:
1. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
2. Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through Prager-IT e.U.'s servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a web site, email address or utilizing any resource hosted on Prager-IT e.U.'s servers, is prohibited. Prager-IT e.U. accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.
3. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Prager-IT e.U. customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any Prager-IT e.U.-hosted domain, or referencing any Prager-IT e.U. account, is prohibited.
4. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.
5. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org/rokso.
6. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking").
7. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
8. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any Prager-IT e.U. customers or end-users by any means or device.
9. Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the Prager-IT e.U. network or on another provider's network.
10. Using Prager-IT e.U.'s Services to interfere with the use of the Prager-IT e.U. network by other customers or authorized users.
Customer Responsibility for Customer's Users
Each Prager-IT e.U. customer is responsible for the activities of its users and, by accepting service from Prager-IT e.U., is agreeing to ensure that its customers/representatives or end-users abide by this Policy. Complaints about customers/representatives or end-users of an Prager-IT e.U. customer will be forwarded to the Prager-IT e.U. customer's postmaster for action. If violations of the Prager-IT e.U. Acceptable Use Policy occur, Prager-IT e.U. reserves the right to terminate services with or take action to stop the offending customer from violating Prager-IT e.U.'s AUP as Prager-IT e.U. deems appropriate, without notice.
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