1. General Scope

1.1 The following terms and conditions apply to all business relationships between the customer and "Jens Schneider", as operator of the FUN-SURF MEDIA - Global Internet Projects and the related "Internet Service Provider" under the domain WebServicePanel.com, following named as "us", WebServicePanel.com or "Web Service Panel". The governing law is that which was valid when the contract was put into effect.
 

1.2 Dissenting, conflicting or additional customer terms and conditions, even if acknowledged, are not part of the contract unless their validity is expressly agreed upon.

1.3 The various top-level domains (“domain suffixes”) are administered by a multitude of different, mostly national, organizations.

Each of these organizations allocating domains has different terms and conditions for registration and administration of top-level domains, their respective sub-level domains and the procedures for domain disputes. As far as domains concern the contract, the additional terms and conditions of the respective Domain Organizations are applicable.
 

2. Conclusion of the contract

2.1 Our offers are subject to change. We reserve the right to make technical and other changes within reason.

2.2 Upon ordering, the customer is bound to the tentative offer. We will confirm the receipt of the customer's order immediately. The confirmation is not contractually binding. The confirmation and acceptance of the contract may be incorporated together.

2.3 We are entitled to accept the offer of a contract (the order) within a period of 5 working days after receipt. We are also entitled to reject the order after examining the reliability of the customer.
 

3. Scope of services

3.1 As far as the subject of the contractual relationship is concerned regarding the registration of domain names, we conduct the procurement of the desired domain only. For the actual allocation of the domain name, the customer can only expect it if this is confirmed by the respective Domain Organization. We do not have any influence over the allocation of the domain. A liability and warranty for the actual allocation of ordered domain names is therefore excluded.

3.2 We guarantee an annual average of 99% network availability for the infrastructure of our  data centers and the incorporated hosting products. If the security of the power supply network or the maintenance of network integrity is in jeopardy, we can temporarily restrict access to the service as required.

3.3 Moreover, the scope of service implies on the described product details, included technical resources and the specified services at the time of the order. Offers are individually released in print or electronic format and valid for the mentioned period.

3.4 If the customer wishes to be registered with search engines (online search engines of Internet content), we are only responsible for mediation. The operators of the search engines are solely responsible for the date and time of the admission to the search engine.

3.5 Technical details, products with hosting resources and hosting limitations are regulated by the Hosting Policy. Consequent usage guidelines for our products are regulated in the Acceptable Use Policy.

3.6 Technical support services are always available but not included in the standard offerings. If needed or desired, and requested, they will be charged separately. The "Managed Service" Products are subject to the Support Policy and the therein described "Service Level Agreement".
 

4. Data integrity

4.1 Where data is transmitted to us, the customers must back up their data regularly. The server will be backed up regularly by us when this is part of the offer. In the case of data loss, the customer must transfer the respective databases to us again free of charge.

4.2 The customer is obliged to carry out a complete data backup before any changes are made.

4.3 The customer will receive an "User ID" (Account ID) and "Password" for security purposes. This must be kept confidential. The client will be held liable for any malpractice resulting from the unauthorized use of the password. If the customer becomes aware that unauthorized third parties know the password, they have to inform us without delay. If the customer is at fault for third-party password abuse, the customer will be liable for all user fees and damages. In suspicious cases the client is able to request a new password, which we then send on to the clients.

5. Privacy

5.1 Our data protection practice conforms to the German Federal Data Protection Act (BDSG) as well as the German Teleservices Act (TMG). For purposes of compliance with our obligation to provide information we hold a Privacy Policy ready. It will show you what personal information we collect, store and use. When you visit our website, you are already aware of the use of cookies and you have the option to disagree to our privacy policy. In case you make use of it, you may not use our online services.

5.2 Personal data of customers will only be collected and used, if they are required for the creation, content arrangement or modification of the contractual relationship. The client is obligated to update these data in its online administrations area.

5.3 The client’s Email address will only be used for information on orders, for invoices and – provided that the client does not object – for customer care as well as for our newsletter.

5.4 We do not give any personal client information to third parties, with the exception of our service partners as far as it is necessary to fulfill the order and provisioning, billing, and supply of the services requested.

5.5 The client has the right to information and a right to amend, to suspend or to delete his saved information. If deletion conflicts with a legal or contractual duty to save information, or other legal grounds, the information will be made inaccessible.

6. Published Content

6.1 It is the customer's responsibility to identify the Internet content as their own or as third-party content. The customer's full name and address must be present. Further obligations may result from the provisions of the Telecommunications Act and Teleservices Act. The customer is obliged to examine these provisions and to comply with them.

6.2 The client undertakes not to publish content that may violate the rights of third parties or otherwise violate the law. The placement of erotic, pornographic, extremist material or material not deemed in good taste is not permitted. We are entitled to block access to the account of any customer who violates this. The same applies in the event that the customer publishes content which is capable of violating the rights of individuals or groups of people, or that insults or denigrates these people. This applies even without an actual legal claim. We are not obligated to review our customers' content.

6.3 The sending of spam mail is forbidden. This includes in particular the sending of illegal, unsolicited advertising to third parties. With regards to the sending of Emails, it is forbidden to provide false sender information or to conceal the identity of the sender by other means. We are entitled to block the access if it is not respected.

7. Liability/Exemption/Penalty/Indemnity

7.1 For direct damages, secondary damages or lost profits due to technical problems and disturbances within the Internet that are not in our sphere of influence, we assume no liability.

7.2 With regards to contractors, we are not liable for minor negligence of contractual obligations. This does not apply to all cases of personal injury and is in accordance with the product liability law. For indirect damages and loss of profits, we are liable only in cases of intentional or gross negligence. In this case we are liable only for the contract-typical predictable damage, a maximum of 100% of the annually fee.

7.3 If the customer's web content or use of the resources and services is in violation of paragraph 6 of obligations, particularly in violation of legal prohibitions or morality, they shall be liable to us for all of the resulting direct and indirect damages, including property damage. In addition, the customer agrees to free us from all claims by third parties – no matter which kind – that may result from illegal internet content or use of the resources and services. The exemption obligation includes liability for all legal defense costs (e.g. court and attorneys' fees).
 

7.4 If there is a public violation while using our services and the provided resources as well as each case of infringement of obligations under these terms and conditions, Web Service Panel has the right to charge a penalty. The amount of the penalty is geared to the importance of the infringement and shall be at least 1500.00 EUR. In the case of the penalty, the plea of continuing relationship remains impossible. In case of persistent violations each calendar day is considered independently as a separate violation.

8. Terms of payment

8.1 The prices and currencies are included in our offer publications. The current base rates may be accessed at any time at www.WebServicePanel.com.

8.2 The account will be issued by by invoice for the interval depending on the contractual agreement or based on the offer description. All charges shall be due immediately upon receipt of invoice. When using the prepaid account, available credit will be applied automatically to newly created invoices. If there is no credit balance or an invoice could not be fully compensated by the existing balance, further settlement option is available by bank transfer in the SEPA area. It is understood that the bank transfer in the SEPA area is available free of charge as a standard payment method. More payment options we provide, upon request or via the Payment Center. Invoices are send to the email address stored in your customer system.

8.3 The prepaid account is held as a credit account on behalf of the customer and serves to be able to settle future invoices automatically and in real time. Charging takes place through payment free of charge via bank transfer in the SEPA area or via Paypal charging, whereby we demand a transaction fee. A refund of the balance is possible at any time upon request and will be paid after 20 days, via the same payment method as the money was received, minus the transaction fee charged upon receipt. These precautions should preventively protect against fraud and misuse contrary to the defined provisions of the prepaid system.

8.4 We are entitled without warning to deduct default interest on all overdue payments as indicated on the invoices. For every generated and communicated payment reminder, we charge a processing fee of EUR 5.00. We are also entitled, in case of default payments, to block the internet presence of the customer and to block all other functions.

8.5 The acceptance of checks is only for processing.

8.6 Invoices are sent by Email as attachments. Since we offer our services exclusively online and these are also available online only, we are entitled to charge a reasonable fee including postage upon delivery request for printed invoice via postal mail. For retrospective changes to invoices, which come about due to no fault of ours, we are entitled to charge a reasonable service fee. In addition, the invoice history can be viewed after successful login at the customer system.

8.7 Discounts are subject to certain promotions and marketing campaigns and are valid in the context of the promotion conditions. Web Service Panel often offers discounts, coupons and special offers for customers during the initial contract period. Please note that special offers are limited-time promotional prices that are available to new customers and are valid for the Initial Term only, and not for successive or renewal periods. Discounts, special offers and vouchers can not be combined with other promotions. Such service plans typically renew at the regular rate.

9. Contract duration/cancellation/place of execution

9.1 Where not otherwise contractually agreed, the contracts are in place for an indefinite period of time.

9.2 The contract is cancelable without giving reasons by both parties at any time during a period of 30 days to the end of the month, but at the earliest on expiry of the minimum contract period stipulated in the contract. A cancellation can be done by email with designation of the personal customer key word, in writing by letter, fax or via customer service system, provided this option is available.

9.3 We are also entitled to terminate the contractual relationship for good cause without notice. One important reason for termination would be in the case of two consecutive months that the customer did not pay a substantial part of the compensation owed. Another important reason, among others, can also be that the customer contravenes or ignores warnings about infringement of the requirements of section 6. Another important reason, that can result in block or determination without notice, may be that the customer uses content, which affects the performance or the safety of the server.

9.4 The place of business for all services under this contract is Starkenberg (Germany). Jurisdiction for all disputes arising from this contract is for the relevant local court if the customer is a contractor, a legal entity of public law, or public legal special fund. The same applies if the customer does not have general jurisdiction in Germany or when the domicile or habitual residence at the time of the action is not known. We are also entitled to take legal action in the country of residence of the customer.

9.5 If the client intends to devolve his contractual rights to another person, he requires our consent. Devolution of contractual rights can only be done in writing by letter, fax or via the customer service system, provided this option is available. When devolution is carried out by letter or fax, the previous and the new contract partners must both provide a signature.

10. Rules for reseller

10.1 The customer is entitled to third-party contractual rights using the Web Services provided to him by us. In this case, the client still remains the sole contractor. The client is committed to all the terms of the contract, arising from the terms and conditions as well as from our product offer information and order forms, passing these on to all third parties and obliging them to comply with the terms. This also applies to the requirements in section 1 of these terms and conditions.

10.2 When changes need to be made regarding the participation acts of third parties, the customer is obligated to cooperate. The customer will provide us with the third party's address and contact details on request. We are entitled, in the case of changes, to contact third parties directly to demand their written agreement to the changes.

10.3 The customer is responsible for all third party contractual violations. The customer is financially liable to us for all damages resulting from third party violations. In addition, we are exempt from liability for all claims which may arise from third parties and others.
 

11. Right of Withdrawal

Right of withdrawal
 

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail): (Web Service Panel - P.O. 0319, 04607 Meuselwitz – Germany, Fax: +49 (0) 34495 149998, Email: service@webservicepanel.com). You may use the model withdrawal form (end of this instruction), but it is not obligatory. You can also fill in and submit the electronic form (https://en.webservicepanel.com/wrr1.php) or any other unequivocal statement. If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. Our description in detail about your right of withdrawal including the example form can be found here.
  
Effects of withdrawal
 
If you withdraw from this agreement, we shall refund all payments that we have received from you, including delivery costs (with the exception of additional costs that arise if you have selected a form of delivery other than the cheapest form of standard delivery offered by us) without undue delay and within fourteen days at the latest from the date on which we received the notice of revocation. For this refund we use the same method of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund. We may refuse the refund until the goods have been returned to us or until such time as you have provided evidence that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without undue delay and, at all events, within fourteen days at the latest from the date on which you notified us of your withdrawal from the agreement. The deadline shall be deemed to have been complied with if the goods are dispatched prior to expiry of the deadline. The immediate costs of returning the goods shall be borne by you. You shall only be required to compensate any loss of value if said loss of value can be attributed to any unnecessary handling of the goods for the purpose of testing the condition, properties and functionality of said goods.
 
Withdrawal right does not apply to contracts
 
- when supply of goods which are not prefabricated and which required for their production an individual choice or decision by the consumer or which are clearly tailored to the personal needs of the consumer; e.g. domains, web hosting, ...
 
Expiration of revocation rights
 
- Your right of cancellation expires prematurely if the contract is completely fulfilled by both parties after the consumer has expressly agreed that the provider begins before the end of the withdrawal period with the execution of the contract and confirmed his knowledge that he loses his right of withdrawal by its agreement with the beginning of the execution of the Contract.

 
12. Queries and complaints
Queries and complaints should be addressed to the Service Management via letter mail to our post address or by using the available contact opportunities.
 

General information obligation according to § 36 Consumer Dispute Settlement Act (VSBG)

Under the following link, the EU Commission provides a platform for out-of-court settlement. This gives consumers the opportunity to settle disputes in connection with their online order without the intervention of a court.

EU Commission online dispute resolution platform: www.ec.europa.eu/consumers/odr

Hosting Policy

The Hosting Policy regulates all the details for Hosted Service Accounts and specifies the technical resources and the necessary elements for the establishment and operation of your ordered products and may include: web hosting, web space, domain names, software, installation services, licenses, databases, email accounts, cron jobs and further to the package belonging product properties.
 

1. Counterpart

1.1 Customer Service

The Customer Service Center is available to the customer for administrative questions about the account with us and can be contacted by email, letter post or fax. The Customer Service provides solely information on product information, invoices, payments and other service related, non-technical questions. For orders to the customer master data update, change requests, purchase orders, and personalized information, mentioning of the personal customer key word is required to authorize the respective service.

1.2 Customer Support
All products include free technical support during stipulated support hours via email and ticketing system. For support queries the client must be logged in to the Ticket System or use the email address registered with us within the customer account.

In general, client support orders are included in the all-inclusive price of the product. Queries regarding individual problems which take more than 15 minutes’ working time to solve are only handled in exceptional cases. In this case a fee is charged after consultation with the client, according to the "Service-Level-Agreement 0" (SL0) mentioned in "Support Policy".
 

2. Monitoring Services

• HTTP

• SMTP

• POP3

• FTP

• MySQL

In addition, the system capacity utilization, the hard disk volumes and mass mail sending are monitored. On shared servers the limit of 100 emails sent per hour cannot be exceeded. A system failure will be disclosed in the Customer Service Area and maintenance work will be announced. Status reports will be sent additionally via email to the registered email address of the customer.
 

3. Data Protection
All data are backed up as a complete server image to  be able to recover the server system and data in the case of a total failure or hard drive crash. It is not possible to restore a single account or a web page with this backup. Generally, the customer is obliged to bear the sole responsibility for backups of the Hosted Service Account and be informed that it is not possible to restore any account bigger then 2 GB through the control panel interface. In case that WebServicePanel.com operates backups on account level, it can even not extend 2GB of data per account. Further more it is also not possible to create backups on our side extending a webspace of 2 GB. In addition, we offer different systems for manual and automated generation of backups for hosting accounts. These can be ordered optionally through our website. If a backup service is specified in the information for the selected product, automated backups are created by us. Individually, on demand or via self-access, it will be possible to restore a single hosting account with this backup. If the data is remotely hosted in our Backup Network, the mentioned amount of backup versions/images within the product description can be used and restored if necessary with a verified support request. If the backups are stored on the same local hosting account the backup versions are limited by the available webspace and the customer is responsible to download or transfer the respective backup version to an secure external and independent repository. WebServicePanel.com is not liable for any loss of content if the backup has not been generated and the generation of backups was made possible through the Control Panel Interface. It is the client's sole responsibility to safeguard the account data and to store backups securely on an remote storage for recovering the webhosting account.


4. Content and Data of Hosted Service / Webspace Accounts
Changes made by support, such as the deleting, relocation and overriding of content and sensitive information which will be deployed and/or received by clients can only be made if these requests are verified by the Support System or in writing as a fax containing the company stamp and a hand-written signature. Work which can be done by clients themselves and is possible to do must also be done by the client.
 

5. Changes to Configuration Files
Generally, individual customization to configuration files is not possible for Hosted Service Accounts. This applies to system settings and the services provided. The offered products are hosted in the respective Data Centers according to the system requirements of the operated software or application. Therefore, additional settings and changes to the operation of the product are not required.

IMAP
The number of parallel IMAP connections for IP addresses is limited on the grounds of server stability.

SMTP
The settings which are offered, such as forwarding, autoresponder, spam filter, black- and whitelist etc. can be changed by clients if access to the Console is granted. If not the services can be requested via Support System. Other individual settings and configuration of the mail system are not permitted.

MySQL
On shared MySQL servers it is not possible to change the values of my.cnf due to generally-used configuration. For each database user are as many databases as required possible to be setup, according to the offer details or as optionally ordered. The database user has access only to those databases. If no access to the console is provided, the technical support will setup the required databases after request via Support Center. For pre-installed or managed Hosted Service Products it is not necessary to have a explicit access to the assigned databases. These are individually integrated within the product setup according to requirements of the subscribed product package. Access is not granted for this case.
 

6. Process Monitoring
To enable fair resource allocation there is a process monitoring system on shared servers which stops processes with excessive running times and/or RAM exploitation. Is this the case the requested Website or Web Application hosted on this account will respond with the regarding error message. If the stability of the server or the network is affected, Web Service Panel has the right to temporarily or completely block the perpetrator account.

7. Installation of Additional Software
The installation of additional software or libraries is not applicable for Hosted Service Accounts. For Hosting Accounts the customer is permitted to install software on his own responsibility in compliance to the "Acceptable Use Policy" and in accordance to the available resources. On request the technical support can perform the installation after a request via Support Center. Depending on the nature and effort this service will be invoiced according to the actual hourly rate plus additional efforts. This is the sole responsibility of the client. There is no right to claim support services in this context.
 

8. Hosting Account Relocation
Relocation of hosting accounts can be performed upon request. A moving service can be performed from external servers to our data center, within our data center or from our data center to an external server. This service will be accounted within an individual pricing whilst taking into account the effort, the moving volume and subsequent services. The responsibility for the account relocation is on customer side after requesting the service via Support Center and the accompanying confirmation of us. The customer must provide the access data for the respective accounts, FTP data and further information which are necessary to initiate the transfer.
 

9. Spam
The mail server may not be used for sending mass emails (mails with the same content to more than 30 addresses) or unsolicited advertising. If this occurs all the same, the account of the user will be closed. Likewise, it is forbidden to misuse any other Web Service Panel service e.g. auto responder or other programs to send mass emails.

10. Software

10.1 Delivery & Utilization

Special provisions for the delivery and use of software - As far as Web Service Panel provide the customer any software or make software accessible via Internet, as a part of the contractual relationship the following regulations apply:

1.The customer is entitled to the use of Web Service Panel software developed under the respective licensing and terms of use. Web Service Panel grants the customer a limited and simple legal right of use as long as the contract subsists.
2.Handed over software and manuals remain in possession of Web Service Panel pending full payment.
3.For convey of third-party software (including Open Source Software), the customer has to pay attention to the license and usage terms of the manufacturer or software developer.

Last Revised: 01.01.2018

Acceptable Use Policy (AUP)
 

The purpose of this AUP is to enhance the quality of the Services and to protect all our customers, and the Internet community as a whole, from illegal, irresponsible, or disruptive Internet activities. This AUP applies to each customer and its employees, agents, partners, contractors or other users of the customer who obtain services from Web Service Panel. Each User should use common sense and good judgment in connection with the services.

This AUP governs the usage of Web Service Panel's products and services. This AUP is incorporated by reference into each contract Web Service Panel enters into with a customer for the use of any product or service ordered. In addition, this AUP is incorporated part of the Terms of Service applicable at www.WebServicePanel.com.
 

1. Resource usage

The Web Hosting comprise the provision of web space on our servers to enable you to upload pages and files for the purpose of online accessible publishing. The offers are intended for end customers for private or business use. The resale of resources or the free provision to third parties is not permitted.
 

2. Prohibited uses

Utilize the services to send unsolicited bulk and/or commercial messages over the Internet, known as "spam" or "spamming" is not permitted. It is not only harmful because of its negative impact on consumer attitudes toward Web Service Panel, but also because it can overload Web Service Panel's network and disrupt service to its customers subscribers. Maintaining an open SMTP relay is prohibited. Any direct action, configuration, or setting that causes excessive outbound email traffic is subject to review and possible action. When a complaint is received, Web Service Panel has the absolute and sole discretion to investigate and take further steps to avoid a service interruption or a negatively influencing operation on our shared hosting network. Should "spam" originate from our servers, our IP address can be blocked resulting in email and web hosting services being effected.
 

The customer agrees to not use the Hosted Services for:

• any way that breaches any applicable local, national or international law or regulation

• any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect

• the purpose of harming or attempting to harm minors in any way

• sending, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards

• transmitting, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation

• knowingly transmit of any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware

• running stand-alone, unattended server-side processes or any daemons including (but not limited to) IRCd

• running any type of web spider, indexer, crawler

• running any software that interfaces with an Internet Relay Chat network

• running any bit torrent application, tracker, or client

• participating in any file-sharing/peer-to-peer activities

• running any scripts for file sharing, dump and mirroring service

• running any gaming servers

• running cron entries or other scheduled tasks other than by configuring them through our control panel

• give away web space under a domain (including Resellers giving away free websites)

• fraudulent sites (fake banking services, fake login pages, any other site mining information in illegal ways)

• running PPC and PTC, AutoSurf, Top sites -scripts and gambling sites

• operate a proxy website or service

• hosting of remote files for other websites

• running Image Hosting Scripts

• hosting as offsite backup facility

• IP spoofers and port scanners

• providing the resources to third parties whether commercial, free of charge or by allocation / allocation
   

Support Policy

The "Support" and its facilities are described by the following definitions and regulations according to the subscribed product and the feasible services within the supplied technology.

Support Interfaces

Every Distribution Website provide an individual interface to request technical support by Ticket System or Email for our products. For some Managed Service Products we provide individual forms to collect all data, files, and information required to fulfill your request and to establish the services (e.g. Website Content Implementation, Installation of Applications...) in accordance to the inclusive product features. These forms can be found in the Customer Service Area at our Website. To use the Support Service or to request for Help, login to your Customer Service Area and open the "Support" Panel. If required you must login by your Customer Account Data, if not you must initiate your request by the registered Email Address, related to our Customer Master Data. Same is applicable whenever a request is transmitted by email. In some cases we require you to enter or transmit the "Customer Key Word" in addition, for authorization purpose and to ensure the request has been initiated by the account owner or a delegated representative.

Processing Time

We will process any standard Service- and Support request as fast as possible. In some cases, depending on the current usage intensity for ticket requests , we may need longer to respond. The implementation of the services requested will follow after assignment to a technical staff without timeframe. The request is processed in accordance to the intensity of the required tasks and under consideration of the time effort. Tickets submitted via Ticket Center can be tracked to check the actual status of your request at any time.

Service Level Agreement Assignment

Service Level Agreements

We include 3 types of SLA within our products. SL0 categorizes the requests that are not subject to the product or the standard feasibility within the framework of the technical resources. This classification is at the express request of the customer, and outside of the standard operation or the intended use of the product specification.

SL0 - Fee Based Support Service for all not categorized tickets, not belonging to the client inclusive features of the subscribed product. For any kind of individual request, which is not included or can not be covered by normal operation within any other level of service agreement. This support service is charged by 18 Euro per quarter hour.

SL1 - Basic Support (FREE) on technical issues within all of our products via ticket system and e-mail. This service level is limited solely to the technical, customer inaccessible areas of the product as long as specified in the product description. Work which can be done by clients themselves and is possible to do must also be done by the client.
 

SL2 - Professional Support for technical issues for "Semi Managed Products". With a product in Semi-Managed Mode, we will cover all issues of administration, settings and the proper operation plus setup procedure (Initial Setup). This level of support is limited to a certain number of ticket requests during the contract period, according to the product description.
 

SL3 - Premium Support on technical issues for "Fully Managed Products". Each product in full-managed mode, we will cover all issues of administration, settings and proper operation as well as the set-up procedure (Initial Setup) and an unlimited amount of inclusive ticket requests during the entire contract period. With this service level, we organize the entire operation and the complete management of the ordered product, specified according to the inclusive services of the product description.
 

* SL2 + SL3 is free of charge, if specified in the product description and limited solely to the inclusive services. If required and not included in the product description, we offer an optional managed service with personalized contract that covers the desired requirements of the clients. Pre-conditions for Service Level Assignments are the product descriptions and the therein mentioned Service Features and Managed Support coverage. Managed Support is generally limited to the provided Product or Service and related to the provided technical operability of the subscribed products. Not all technics and solutions are realizable within the respective product environment. When the customer has delegated Web Service Panel to manage and maintain a service, no access rights are granted to the customer for the respective service.
 

Real-Time Support - Live Chat

Real-Time Support is the direct live chat with a support technician and can be requested by the customer at any time. After the request, the customer receives an agreed date to login to the chat system. The technical staff will attempt to resolve the requirements with the customer. This service is charged according to the price model under SL0.

Initial Setup Service

Initial setup is the definition for the roll-out or setup of a service package and may include the installation of software, the adjustment of settings and preferences and operational tests. This service will be carried out once before the service is delivered to the customer and is limited to the inclusive mentioned service features as per product description.
 

Last Revised: 01.01.2018

Domain Policy

If the customer requests an individual domain registration or a domain is part of any package ordered, this regulation comes into effect in addition to the Terms of Service and the accompanying policies:

1. General, Legal Relationships, Additional Conditions

1.1. The various top-level domains are from a variety of different organizations and registrars managed. For each of the different TLDs exist appropriate conditions for the registration and administration. The Domain Policy of Web Service Panel takes place in addition. Therefore the delegating customer agrees with the public domain registration terms of the respective domain authority and this domain policy of Web Service Panel. An overview of the respective authorities of the various Top Level Domains and their registration guidelines can be found here. Web Service Panel fullfill the domain registration directly or through third party registrars and remains the only contact for the customer. The personal information required for registration are collected and processed in accordance with our Privacy Policy.
 

1.2. The provider only commissioned on behalf of the customer to register the domain with the registry.

1.3. If the customer is reseller (not consumer) of a domain, he is obliged to ensure that the end customer ("Domain Owner" or "Registrant") is aware at any time that the registration takes place through a third party and that therefore a contractual relationship between the customer and the third-party registrar exist. In addition, if the customer acts as a reseller of domains to obligate its customers to comply with the relevant conditions of registration and if the customer of the customer is reseller in turn, ensure that these customers do likewise committed.

2. Auditing Responsibility of the Customer

2.1. The customer checks before applying for a domain that they will not infringe rights of third parties and not contravenes against the law. The Customer warrants that she/he has complied with this responsibility and ensures that no violation of law occurred after adequate investigation.
 

3. Registration Data, Notification Duties

3.1. The customer has the obligation to register a domain, the correct and complete information of the domain owner ("Registrant"), the administrative contact ("admin-c" or "Administrative Contact") and the Technical Contact ("tech-c" and "Technical Contact") indicate.

Irrespective of the relevant conditions of the registration terms includes each beside name, a summons mailing address (no P.O. Boxes or Postal Mail Address), e-mail address and telephone number. The customer has to update changes in the data immediately in the Customer Service Panel after login or by notifying to Web Service Panel by letter mail, fax or email.

3.2. The customer is obliged to inform the Provider immediately if she/he looses the rights of the registered domain due to a judicial decision.

4. Expiry of the Registration

4.1. The provider will make the application for the desired domain with the respective registrar after explicit customer request. The provider has the right to activate the domain name not before the full payment of the agreed fees for the registration has been made by the customer. The provider has no influence on the decision of the respective registrar and the allocation of the requested domain. The provider does not guarantee that the requested domain will be allocated and/or the assigned domain is free of third party rights or for permanent registration. The information about the status of a domain is no confirmation of the real availability. This information is provided by the provider, based on third party disclosure and refers to the moment that the availability check has been done. Only with the registration of the domain for the customer and the registration in the database of the registrar is the official confirmation that the domain is assigned to the customer

4.2. The customer will be registered as the domain holder and administrative contact from the respective registrar. The provider is entitled to enter another email address (admin-c) for administrative reasons for the TLDs ("extension") .com, .net, .org, .cc, .biz and .info. The customer's rights are not affected. The customer agrees to this procedure explicitly.

4.3. A change of the registered domain name after the registration is excluded. Possible then is simply a termination of the existing and a new application of the new domain. If the requested domain has been allocated to another contracting party during the registration procedure within the registrar, the customer can choose a different available domain name. The same applies for a provider change, if the previous provider declines the relocation request. If certain domains were terminated by the customer himself or for domain disputes, there is no right for the customer to request a free replacement domain or any compensation.
 

4.4. The supplier may show under a domain registered by the customer an individual page, as long as the customer has no own content, no routing destination specified or the domain is redirected to other content.

5. Statements, Renewal, Cancellations, Refund of Charges

5.1. All statements regarding domains, in particular the termination or renewal of a domain, domain transfer, deletion of a domain, require the written form. If applicable, the respective service request can be initiated via Customer Service Panel.

Domain will NOT renew automatically but there is the option to renew after the registration period ends. Web Service Panel will notify the customer at least 3 weeks before the domain expiration date to provide the necessary information on how to renew the domain. The costs according to the actual domain registration price list is applicable for the next period and has to be paid in advance. If the payment is late the customer may run into troubles while the domain is returning to the registrar. If the renewal remains unanswered by the customer the domain will be deleted and returned to the registrar. It will not be possible to reactivate the domain once deleted.

5.2. For all the domains registered with Web Service Panel, the customer may terminate in accordance with these domain registration conditions and the specific terms of the registrar to move to another provider, if the new provider offers the appropriate top-level domain or supports the relocation service with the necessary conditions and requirements. Unless the entire web hosting agreement is not expressly terminated by the customer, only the cancellation of a domain will be performed. The webhosting contract itself remains persistent due to its operability without a domain.
 

5.3. Providing 24 may not agree to a provider change (KK Application for Relocation) if the customer release the relocation request too late and the domain renewal overlap the relocation process or the necessary preconditions for an agreement are not met. Web Service Panel is expressly authorized to delete the canceled domain at the appointed date with a cancellation request to the respective Registry ("CLOSE"). The provider reserves the right to agree to relocations only if all undisputed pending claims of the customer have been settled.
 

5.4. As far as the registration of a domain continues for the registered period after termination of the contractual relationship with Web Service Panel and the domain is still available for operation, a compensation or refund for already paid fees is not applicable.
 

6. Domain-Reseller

6.1. As far as a domain is registered by a customer for a third party, particularly from a customer for a customer ("second client"), the customer may only change the data ("whois data") or start a relocation of this domain when the customer of her/him (domain holder and/or the administrative contact) explicitly consent in a written order. This applies to all change request of the customers in her/his own name, and for all orders that she/he granted to Web Service Panel on behalf of the second customer. For domain resellers are special prices applicable when all preconditions mentioned at our website's domain area are met.
 

7. Domain Price Regulations

7.1. Registration/Relocation/Transfer/Data Update/Owner Change

All domains prices are mentioned at our website's domain area which contain the standard pricing for all available top-level-domains. For special or VIP domains the prices can differ from one registrar to another. The pricing will be stated within an invoice after the registration process has been initiated by the customer. The registration will not complete before the customer agreed to the individual pricing accompanied by settling the invoice. Web Service Panel can not take influence on individual prices of the respective registrar for  "VIP-Domains". For domain resellers are special prices available at our website which require to met all applicable preconditions. More information can be retrieved at the domain area of our website.

For Transfer or Relocation of a domain, the customer sign complete responsibility while initiating the request, the obligation to notify all parties and the negotiation between the actual and the new provider. Owner changes are possible on written request, signed by the actual and the new owner. The new owner will be entered as a new customer in Web Service Panel's Customer Master Data and the registration data will be updated with the respective registrar. Update of the domain registration data at the registrar is possible at any time and can be requested in written form signed by the domain owner. All imposed fees and costs precipitated by any of the requested services apply in total at the customers responsibility.
 

7.2. Domain Services - All domain services such as DNS settings, updates and changes of registration data, update and creation of DNS entries, forwarding functions, catch all/wildcard requests for Emails and Domains will be established after authorized request of the customer respective the domain owner and invoiced according to the actual price list which is accessible at our website. If applicable we will grant unique access to the DNS Management for the customer to administer the registered domains.
 

7.3. Price Protection - For all domain registrations the price mentioned at the moment of the order applies for the entire registration period and will not underlay any changes during the contract duration. The prices may change from time to time which effect only domains which require a renewal at this time. Thus, the customer receives a guaranteed price for the registration period and is not subject to price adjustments. Domain prices are underlying constant adjustments which affect exclusively new registrations and renewals corresponding to the actual price list at this moment. The cost for the entire domain period must be paid in advance.
 

7.4. Fee's of Registrar Services - The customer agrees to pay in full; all applicable fees and charges that may incurred by the Registrar for any service commissioned by the customer. Further information are available at the registrar's website.
 

8. Free Domains / Inclusive Domains

With some of our product packages or in special promotions the customer will get a free inclusive domain. Therefore we distinguish between:

• Free Top-Level-Domain for limited period (the domain will renew after the promotion period with the standard pricing)

and

• Free Top-Level-Domain for life time (the domain is without cost for the time that the product/package contract is active)

The customer can freely decide and request the desired domain name for registration with the applicable Top-Level-Domain within the terms of the promotion. The registration of free domains is possible at any time during the order process of the promotional subscription or at any later time. The domain is valid for the before mentioned time according to the product package description, as long as the product package which was part of the special offer or the promotion is persistent. The general domain regulations are applicable for free inclusive domains.

If FREE Top-level-Domains are not inclusive within the subscribed product package, the customer can register the desired domains optionally. If no domain is required the customer will get a Service Domain for free to access her/his website or service package. Therefore we distinguish between:

• Free Sub-Level-Domain for the duration of the product subscription

or

• Free Service URI for the duration of the of the product subscription

These URL's are generated on customer demand or automatically within the respective product subscription. Therefore the customer can request for an individual name for the registration of a Sub-Level-Domain, if applicable within the subscribed product package. The URI to the product package is a fixed Service URL which can not be changed.

The following syntaxes are allowed for registration of Sub-Level-Domains:

• yourname.servicedomain.tld

• yourcompany.servicedomain.tld

• accountid.servicedomain.tld

All Service Domains are subject to the Acceptable Use Policy and the Domain Terms in general. We grant a non-exclusive, transferable and irrevocable right to use the Service Domain within the subscribed service product. For all content and/or services, accessible within the Service Domain, the customer sign full responsibility. We use the right to refuse the requested Service Domain Application and to constrain or cancel the usage of the Service Domain at any time for any reason.

Last Revised: 01.01.2018

Affiliate Policy

Recommendation Program for Partner & Customer

1. Participation Requirements
Affiliates must be 18 (eighteen) years of age. Affiliate Web sites must not contain or link to any lewd, obscene, illegal or pornographic material, or any other material that we deem to be objectionable. This includes, but is not limited to, bigotry, hatred, pornography and all content of an adult nature. In addition any site selling or promoting bulk e-mail services is not allowed.

There are two ways of participating; either through registration with an affiliate partner network or through direct participation as a customer within the Customer Service Account. Thus, a Partner or Customer who recommend the products of Web Service Panel and generates sales in this way is designated as "Affiliate" within this terms.

2. Link Placement

Affiliate Advertisements (links/banners) may not be placed in newsgroups, unsolicited e-mail, banner networks, chatrooms or guestbooks. Any advertisement placed must be done in such a way that it is not misleading to any site visitor and done with the intention of delivering valid sales, leads, or clicks to Web Service Panel.

3. Payments
Affiliates are involved for 30 days in the revenue of each new customer that was referred to our website via the affiliate link or affiliate code which includes the unique Partner ID. The achieved commission based on the revenue is recorded immediately after purchase completion and can be viewed in the respective affiliate network where the Affiliate has been registered. The final and refundable payment is confirmed after a 30 day period, if the referred customer has successfully completed the order and the invoice(s) have been paid. A commission does not take place if the customer for any reason revoke the purchase.

Payments are checked, processed and confirmed once per month. The Affiliate can be paid via PayPal or direct deposit to the existing customer service account to pay future purchases. The minimum payout is 15 EUR or its equivalent in the affiliate's currency. Depending on the registered network the affiliate can request for the payout manually or it will be released automatically when the minimum payout amount has been achieved.

4. Abuse/Fraud
As an Affiliate, you are compensated for driving new and unique business to Web Service Panel and the connected distribution websites through your own efforts. There is zero tolerance for abuse and fraud with regards to its services. This includes, but is not limited to order fraud, self-referrals, illegal behavior, misrepresentation of services, traffic hijacking, or any other kind of inappropriate behavior. Web Service Panel does not pay affiliates for subsequent sales, also known as a "sub-sales." If an end user clicks through a banner ad, text link, or other form of advertising from an affiliate and makes a purchase, and then returns later to buy something else, that is considered a subsequent or sub-sale. As an affiliate you must also not optimize your Website for any terms trademarked by FUN-SURF MEDIA - Global Internet Projects. This includes all brands and labels and is not limited to. Affiliates may not include any of our trademark brands in any of their Pay Per Click keywords. Any affiliate found to be involved in any actions not deemed appropriate by Web Service Panel will be terminated immediately. In these cases, any unpaid referral earnings would be forfeited.

5. Spam
Web Service Panel has a zero tolerance for unsolicited e-mail of any kind. If affiliate makes any reference to Web Service Panel in an unsolicited e-mail, advertisement, newsletter or any other direct marketing medium, their account will be terminated. This includes the use of our name, a link to our Website, or a link to another Website containing references to www.WebServicePanel.com.

6. Termination of Service
Web Service Panel reserves the right at its sole discretion to refuse or cancel service. Violation of this agreement could result in a warning, suspension, or possible account termination.

7. Limitation of Liability
Customer agrees that it shall defend, indemnify, save and hold Web Service Panel harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Web Service Panel its agents, its clients, partners, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents or employees.

8. Disclaimer

Web Service Panel will not be responsible for any damages your business may suffer. Web Service Panel makes no warranties of any kind, expressed or implied for services we provide. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Web Service Panel and its employees. Web Service Panel also reserves the right to modify this agreement at any time. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures, payment amounts and affiliate program rules. Any modifications to this agreement will be found here, and your continued promotion and use of our services means you accept the changes we have made. The Affiliate can revoke any changes in written format which will result into termination of the Partner Account and exclusion from the partner program.

9. Privacy Policy
Web Service Panel insures that all personal information being voluntarily submitted to us in the processing of your order (to be used for record and billing purposes, etc.), inclusive, but not limited to, credit card and other personal information, will be kept strictly confidential and used solely by Web Service Panel and its authorized representatives and employees; for the strict purpose for which it was intended, and for the benefit of the subscriber. We agree not to share, rent, sell or release this information to any individual, entity or third party, for any reason, without the specific written consent of the subscriber; with exception as required by law, regulation or governmental authority. By accepting these terms you allow Web Service Panel to send important status information about your partner account, payouts, general partner information, special offers, marketing and advertising tools for successful product distribution from time to time via e-mail to your registered partner email address. If you do not wish to receive these e-mails, you may opt out of future e-mails at any time by following the instructions included in the e-mail. Web Service Panel is committed to protecting and securing all subscriber provided information, through the use of firewalls and additional security measures in place at its physical facilities to protect against the loss, misuse or alteration of such information. Full details about our privacy protection can be found in our Privacy Policy.

10. Commission Structure

The following structure provides the basic calculation of the regarding commission for every order referred by an Affiliate. Therefore the Affiliate will gain the mentioned percentage on the revenue of the generated order (submitted by the customer) as a commission.

The credit of achieved commission is compensated at the respective affiliate account within the standard rate. The approval will follow manually and is confirmed when mentioned in the Affiliate Account.

For some products and special promotions, the commissions from the default values​in this table can differ. Some products may also be excluded from the commission. Special conditions for wholesalers, distributors and providers can be arranged individually by contract.

11. Counterpart & Contacts

The Customer Service Center of Web Service Panel will assist you within all your questions about the affiliate system and your affiliate account. If you are registered with an external Affiliate Network you can contact them directly in any case regarding to your affiliate account.

External Service Partner & Affiliate Network

Email:        service (at) affilisales.com

Website:    https://www.affilisales.com/

Last Revised: 01.01.2018