PULSEHOST.net
Important

Legal & Rules

Unfortunatly we need to implement some rules and obligations to make it fair for all customers. Here you will find our TOS as well.

Law and obligations

To report junk email or abuse issues please email [email protected]

This acceptable use policy governs your use of the services we provide (“Hosting Services”). Your use of the Hosting Services means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms and conditions. PULSEHOST.net may modify this Acceptable Use Policy at any time without notice.

You must not allow a third party to access or use the Hosting Services. If you have purchased one of our reseller hosting packages, you can allow a third party (a “Third Party”) to access or use the Hosting Services. If you do so, they will also be regulated by this acceptable use policy. As such, you will monitor the use of the Hosting Services by a Third Party and you will procure that they abide by this acceptable use policy. A breach of this acceptable use policy by a Third Party will be deemed to be a breach of this acceptable use policy by you.

A. Resource usage

1. The Shared Hosting Services comprise the provision of web space on our servers to enable you to upload pages and files for the purpose of publishing websites.
2. The Shared Hosting Services allow you ‘unlimited’ server space for normal routine “non-file-distribution” web usage. For websites that allow downloading of video, audio or other files we reserve the right to impose a bandwidth limit of fifty (50) gigabytes per calendar month.
3. Non-file-distribution usage will remain unaffected by any limit imposed on downloading of video, audio or other files.
3a. Any images need to have an appropiate size. No raw images are allowed. Web standard files are need to use, like jpg, png, svg with compression.
4. In your use of the Shared Hosting Services (other than where you are using your own virtual private server), you may not:
a. use more than 10% of our platform's processing capacity. There are numerous activities that could cause such problems, including (but not limited to) CGI scripts and intensive FTP, PHP or HTTP operations
b. run stand-alone, unattended server-side processes or any daemons; including (but not limited to) IRCd
c. run any type of web spider or indexer; including (but not limited to)
d. run any software that interfaces with an Internet Relay Chat network
e. run any bit torrent application, tracker, or client. You may link to legal torrent files off-site, but may not host or store them on our servers
f. participate in any file-sharing/peer-to-peer activities
g. run any gaming servers
h. run entries or other scheduled tasks other than by configuring them through our control panel
i. give away web space under a domain (including Resellers giving away free websites)
j. operate a proxy website or service
k. as a remote file host for other websites
l. operate self-hosted file sync or similar "cloud storage" based services including (but not limited to) OwnCloud, Pydio and Sparkleshare.
5. You must not use the Hosting Services as an offsite backup facility. Therefore, all files uploaded to our servers as part of your usage of the Hosting Services must be visible and accessible to the outside world (web-visible) unless they are needed to operate the website of which they form part; we reserve the right to delete files or directories that are not web-visible without giving notice to you.
5a. Directories and files in the file system without any relation to a domain hosted with us, will be deleted withour prior information.
6. All pages of website stored on our servers as part of the Hosting Services will be available to search engines unless you take action to prevent this. If you wish to optimise your web pages for search engines you agree to use coding and techniques which comply fully with the guidelines issued by Google, Bing, Yahoo and other large search engines.
7. MySQL Databases are limited to 1024 megabytes in size, when they reach this size we will notify you.
8. If you are a Reseller and deactivate a resold web hosting account we will delete it after 50 days.

B. Prohibited uses

1. You may use the Hosting Services only for lawful purposes. You may not use the Hosting Services:
a. in any way that breaches any applicable local, national or international law or regulation
b. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect
c. for the purpose of harming or attempting to harm minors in any way
d. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see below)
e. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (also known as SPAM - see below)
f. to knowingly transmit 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.

C. Content standards

1. These content standards apply to any and all material that you allow to be hosted through the Hosting Services and to any interactive services associated with it.
2. You must comply with the spirit of the following standards. The standards apply to each part of any Material as well as to its whole.
3. Material must:
a. be accurate (where they state facts)
b. be genuinely held (where they state opinions)
c. comply with applicable law in Switzerland and in any country from which they are posted
4. Material must not:
a. contain any material which is defamatory of any person
b. contain any material which is obscene, offensive, hateful or inflammatory
c. contain any material that is pornographic
d. promote violence
e. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
f. infringe any copyright, database right or trade mark of any other person
g. be likely to deceive any person
h. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence
i. promote any illegal activity
j. be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety
k. be likely to harass, upset, embarrass, alarm or annoy any other person
l. be used to impersonate any person, or to misrepresent your identity or affiliation with any person
m. give the impression that they emanate from us, if this is not the case
n. advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse

D. Zero Tolerance Spam Policy

1. We take a zero tolerance stance against the sending of unsolicited email, bulk emailing and spam. We may terminate the account of any user who send out spam with or without notice
2. Websites advertised as spam may not be hosted on our servers. This provision includes, but is not limited to, spam sent via fax, phone, postal mail, email, instant messaging or newsgroups. Any user account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
3. PULSEHOST.net reserves the right to require changes or disable as necessary any website, account, database or component that does not comply with our policy
4. PULSEHOST.net reserves the right to charge the holder of the account used to send any unsolicited email, a clean-up fee or any charges incurred for blacklist removal at our sole discretion

E. Reselling

You agree not to:
a. re-sell or offer for the use of third parties any part of our Hosting Services unless a specific Reseller product has been purchased,
b. not to access without authority, interfere with, damage or disrupt
i. any part of the Hosting Services
ii. any equipment or network used to provide the Hosting Services
iii. any software used in the provision of the Hosting Services
iv. any equipment or network or software owned or used by any third party
c. If you deactivate a resold Hosting Service for 50 consecutive days we will automatically delete this Hosting Service.
d. You are responsible for the good housekeeping of your Reseller Service. You agree to delete files and Hosting Services that are no longer required

F. Suspension and termination

1. We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of the Hosting Services. When a breach of this policy has occurred, we may take such action as we deem appropriate.
2. Failure to comply with this acceptable use policy constitutes a material breach of the our terms and conditions of sale upon which you are permitted to use the Hosting Services, and may result in our taking all or any of the following actions:
a. immediate, temporary or permanent withdrawal of your right to use the Hosting Services
b. immediate, temporary or permanent removal of any Material (as defined in paragraph 5.1) uploaded to our servers
c. issue of a warning to you
d. issue of legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach
e. further legal action against you
f. disclosure of such information to law enforcement authorities as we reasonably feel is necessary

G. Changes to our acceptable use policy

1.We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you.

This page tells you the terms and conditions on which we supply our services described on our website www.pulsehost.net to you (“Services”). Our primary services are website hosting service (“Hosting Service”) or a domain name registration and renewal service (“Domain Registration and Renewal Service”)

Please read these terms and conditions carefully before ordering any Services from our website. By ordering any of our Services, you will be bound by these terms and conditions. Refusal to accept these Terms and Conditions will result in no Services from our website being able to be ordered. We would recommend you read through the terms carefully, printing a copy of your records if required.

1. Information about us
1.1. www.pulsehost.net is a site operated by PULSEHOST.net, Switzerland
Please note that by placing an order for the Services, you consent to us sending to you our regular newsletter by email. This forms our primary method of communicating with you and will inform you of any changes to our services, billing, planned maintenance and account access information.
1.2 Contracts for the purchase of Services through our site will be governed by swiss law. Any dispute arising from, or related to, such the Contract shall be subject to the exclusive jurisdiction of the courts of switzerland. English or German is the language offered for the conclusion of the contract between us both
2. Your status
2.1. By placing an order through our website, you warrant that:
2.1.1. you are legally capable of entering into binding contracts
2.1.2. you are at least 18 years old.
2.2. If you are acting on behalf of a company or other business, you further warrant that you personally have the authority to bind that company or business on whose behalf you are placing an order.
3. The order process
3.1. You can only place an order with us for Services once you have successfully registered an account with us. Information that you provide while registering an account with us must be complete and accurate. By creating an account you agree that we may block access to the account and the Services we supply if we reasonably believe that the information you have supplied is inaccurate. You must keep your user name and password private at all times and not allow anyone else to use it. You must contact us should you believe that your username or password has become known to someone else.
3.2. Before you submit an order you will be shown a summary on screen including details of the Services you wish to order and the price payable. There will be an option to amend/correct and errors before proceeding to completion of the order.
3.3. Before being able to submit an order you will be required to register a credit or debit card. We may also accept PayPal, however you may need to use a credit or debit card on your first order.
3.4. Once an order has been placed, we will provide you with confirmation of the Services you have ordered. This confirmation will be sent to the email address registered to your account. Copies of previous invoices will be stored on your account.
4. How the contract is formed between you and us
4.1. After placing an order, you will receive an e-mail from us accepting your order and, if appropriate, letting you know that the Hosting Service you have purchased has been activated (“Acceptance Confirmation”). Your order constitutes an offer to us to buy our Services and all orders are subject to our acceptance.
4.2. The contract between us (“Contract”) will only be formed when we send you the Acceptance Confirmation. We may also decline your order for the Services for any reason, in which case we will tell you so.
4.3. The Contract will relate only to those Services we have confirmed in the Acceptance Confirmation. We will not be obliged to supply any other Services which may have been part of your order until such Services have been confirmed.
5. Our status
5.1. We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products or services you purchase from companies to whose website we have provided a link on our website will be of satisfactory quality, and any such warranties are disclaimed by us absolutely.
5.2. Any disclaimer does not affect your statutory rights against the third party seller.
6. Consumer rights
6.1. If you are buying as a consumer, we allow you to cancel the Contract at any time within 14 working days, beginning on the day after you received the Acceptance Confirmation (Money Back guarantee. However, ordered domains, VPS or special services are not eligible)
6.2. However, by placing your order for the Services, you agree to us starting supply of those Services before the end of the seven working day cancellation period referred to here.
6.3. This provision does not otherwise affect your statutory rights.
7. Our limited money back guarantee
7.1. Once the Contact has been formed you may cancel the Contract in relation to the Hosting Service you have purchased.
7.2. In such cases, you may cancel at any time within 14 days, beginning on the day after you received the Acceptance Confirmation. If you do so, you will receive a full refund of the price paid for the Hosting Service you have cancelled. We will refund the price you have paid to the credit card, debit card or other account you used to make that payment. No other refund will be made. Limited to one per customer.
7.3. To cancel the Contract you must inform us by raising a support ticket before the end of the 14 day period mentioned above. As part of our cancellation process, we will respond to you to confirm your cancellation request. You must re-confirm your cancellation request by replying to this confirmation or we will continue to supply the Hosting Service and your cancellation will be ineffective. This is to ensure that we do not delete any data you need to retain.
7.4. In summary, the Services which may not be cancelled under the limited money back guarantee include (but are not limited to):
7.4.1. Domain Registration and Domain Registration Renewals.
7.4.2. Private SSL certificates
7.4.3. Virtual Name Servers and other ‘add on’ products.
8. Price and payment
8.1. The price of any Services will be as quoted on our website (inclusive of VAT where relevant).
8.2. The total cost of your order of the Services will be set out clearly before you submit your order for the Services.
8.3. Prices are liable to change at any time. We will notify you of a change in our prices at least 14 days before the price increase comes into force. If you do not cancel you will be deemed to have accepted the new prices, and they will be charged to your account.
8.4. Due to the number of Services offered for sale, it is possible that despite our efforts some Services may be incorrectly priced. We deal with these situations accordingly:
8.4.1 Where a Service’s correct price is less than our stated price, we will charge the lower amount when accepting your order;
8.4.2 If a Service’s correct price is higher than the price stated on our website, we will normally, contact you for instructions before accepting your order; and
8.4.3 We are under no obligation to provide the Services to you at the incorrect (lower) price, even after we have sent you an Acceptance Confirmation
8.5. We reserve the right to seek to recover any outstanding amounts due by you by other means, including referring the debt to an external debt recovery agent if necessary. If this method is sought, you may become liable for additional fees and charges and you agree to pay such charges in addition to the outstanding amount owed to us.
8.6. No payment shall be deemed to have been received until we have received cleared funds. If your chosen method of payment is not authorised by your credit card provider or bank, you hereby authorise us to seek payment from any other credit card, debit card or direct debit registered against your account.
8.7. You will receive an invoice for any fees owed 3 days before payment is due.
8.8. If payment is not made on or before the due date, then you will receive reminders by email (to the email address listed in your PULSEHOST account) that your payment is overdue.
8.9. If no payment has been made after 7 days of a payment becoming due, and no attempt to contact us or respond to our attempts to contact you regarding this has been made, your hosting services will be suspended.
8.9.1. If no payment has been made after 30 days of a payment becoming due, and no attempt to contact us or respond to our attempts to contact you regarding this has been made, your account could be terminated.
8.10. If you have hosting services with invoices overdue by two months (60 days), and there has been no attempt to contact us, respond to our attempts to contact you, and no payment has been made, then all your PULSEHOST services will be terminated with 3 days notice by email, to your email address on file. Your PULSEHOST services include web hosting, email, and turning off autorenewal for any domain names you have with us, meaning your domain names will not renew on expiry. We may not keep any backups of your data in these circumstances.
8.11 If you report a legitimate payment to us as fraud or dispute it with your bank, we will invoice you for any fees we are charged by your bank or our payment processor. A CHF 15 (or equivalent account currency) administration fee will also be added for our time dealing with the case and reissuing invoices. Invoices arising from such situations must be paid within 72 hours as the payments are already overdue.
8.12 Any monies refunded for any reason will be on the equivalent amount spent pro rata without any discounts for plan length, promotional codes or discount codes. This is to prevent people benefiting from yearly pricing for a monthly plan and so on.
9. Quality
9.1. We warrant that (subject to the other provisions of these terms and conditions) any Services purchased from us through our website will be provided with reasonable care and skill.
9.2. We will not be liable for a breach of the warranty provided above unless:
9.2.1. you give written notice of the breach to us and;
9.2.2. we are given a reasonable opportunity to address and/or resolve after receiving the notice of examining our provision of the Services to you
9.2.3. the problem arises because you failed to follow our oral or written instructions as to the use of the Services (if there are any)
9.2.4. you alter the Services without our written consent
9.2.5. the problem arises because of misuse
9.3. If we are in breach of the warranty in accordance with the clause above we will use all reasonable commercial efforts to remedy the breach promptly or refund the price of the Services at the pro rata Contract price.
9.4. By accepting these terms, you acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf which is not set out on our website or otherwise confirmed in writing by us. Nothing in this clause will exclude or limit our liability to you for fraudulent misrepresentation.
10. Access to the Hosting Service
10.1. It is your responsibility to ensure that necessary arrangements for access to our Hosting Services are in place.
10.2. You are also responsible for ensuring that all persons who access our Services through your Internet connection are aware of these terms and conditions (and in particular our acceptable use policy).
11. Hosting Service service levels
11.1. We do not warrant access to our servers will be uninterrupted or error free but we shall use reasonable endeavours to keep downtime to a minimum.
12. IP addresses
12.1. You will have no right, title or interest in any internet protocol address (“IP address”) allocated to you throughout use of upon the expiry or termination of Services.
12.2. Any IP address allocated to you is allocated as part of the Hosting Service you purchased and is not portable or otherwise transferable by you in any manner whatsoever.
12.3. If an IP address is re-numbered or re-allocated by us, we shall use our reasonable endeavours to avoid any disruption to you.
13. Back-up of your material and our servers
13.1. It is your responsibility to maintain appropriate and up-to-date back-up copies of any data, information or other material you upload onto our servers as part of your use of the Hosting Services. In the event of loss of or damage to your material, you will not be given access to the server back-up we maintain pursuant to our archiving procedure.
13.2. We will follow our archiving procedures for the data stored on our servers.
13.3. We will not be responsible for any loss, destruction, alteration or disclosure of your Material caused by you or any third party.
14. Hosting Service usage limitations
14.1. The Hosting Service package you order includes the per calendar month bandwidth allowance applicable to that hosting package as this is set out on this website at the time of your order.
14.2. The Hosting Service you have ordered will be automatically suspended if this monthly bandwidth allowance is exceeded. If this happens, you may upgrade your Hosting Service package to one which includes a higher monthly bandwidth allowance, or wait for the Hosting Service to resume at the start of the following calendar month. You can monitor your monthly bandwidth usage in our control panel.
14.3. Unless the Hosting Service package you order includes a virtual private server, you will only be allowed to use a maximum of 10% of our server’s processing capacity when using the Hosting Service package you order.
14.4. We may allow your usage to exceed this CPU limitation, and we will speak to you about your hosting requirements if your usage has a detrimental effect on our other customers. Please note that this right is at our absolute discretion,
14.5. The Hosting Service package you order includes the number of mailboxes applicable to that hosting package as this is set out on our website at the time of your order.
14.6. Any mailboxes that have not been accessed for 100 clear days will be automatically deleted from our system.
14.6.1 Backup files, zip gzip, tar or other non-web usable files will be deleted without prio information. It is not limited to so called WordPress backups, which stored on our servers. Any file, which is not visible to the webhosting domain and not accessible from outside, or is encrypted will be deleted on our sole discretion.
14.7. When using the Services, you must comply with our Terms of Website Use and our Acceptable Use Policy. Any conflict between our terms of website use and these terms and conditions, will be resolved in favour of these terms and conditions.
14.8. A breach of either the Website Terms of Use or Acceptable Use policy will entitle us to terminate the provision of Services to you.
15. Support
15.1. Our support team will help resolve any problems you have with the Services you are receiving. We will not provide programming support to you, but, as part of our Hosting Services, our servers are compatible with many programming languages.
15.2. We do not provide telephone technical support. Support is provided via online support ticket or online chat if provided.
16. Domain names
16.1. Where the Contract includes our Domain Registration and Renewal Service:
16.1.1. we will endeavour to procure the registration of the domain name you request
16.1.2. we will not be liable in the event that the relevant domain name registry refuses to register the domain name you request, or subsequently suspends or revokes any registration for that domain name.
16.1.3. we shall not act as your agent or on your behalf in any dealings with domain name registry.
16.1.4. the registration of the domain name you request and its ongoing use is subject to the relevant domain name registry’s terms and conditions of use which you should consider.
16.1.5. you are responsible for ensuring that you are aware of the terms so that you can comply with them.
16.1.6. the domain name you request will only have been successfully registered when you appear as the registrant on the appropriate “whois” database of the top level domain name registrar.
16.1.7. we shall have the absolute discretion to require you to select a replacement domain name to the one you have requested to be registered, and may suspend or terminate our performance of the Domain Registration and Renewal Service, if, in our opinion, there are reasonable grounds for us to believe that your current choice of name is, may or is likely to be in bad faith, breach of the provisions of these terms and conditions or any legal or regulatory requirement.
16.1.8. you confirm and warrant that you are the owner of any trade mark in any domain name (or have the authority of the owner of any trade mark to use such name) that you have requested be registered.
16.2. You confirm and warrant that you are the legal owner of any domain name (or have the authority of the legal owner to use such domain name) supplied by you, or otherwise authorised by you, for use as a domain name in connection with any website in relation to which the Hosting Service supplied to you is used.
16.3. Once the domain name has been successfully registered, it will need to be renewed periodically to ensure you retain your registration of it. We will send you renewal notices 30 days and 7 days before the renewal date of your registered domain name. These notices will be sent to the email address then registered against your account.
16.4. You hereby authorise us to automatically renew the domain name for you unless you have cancelled the Domain Registration and Renewal Service in accordance with these terms and conditions.
16.5. The price for the renewal will be as set out in the renewals page of the customer administration area and will be charged against one of the payment methods then registered against your account.
16.6. You acknowledge and agree that we may place a number of locks on any domain registered with us either at the time of registration or at any time thereafter and without further notice to you.
17. Intellectual property rights
17.1. You, retain all intellectual property rights in your material, and you grant to us a worldwide, non-exclusive, royalty free licence to use, store and maintain your material on our servers and publish it on the Internet for the purpose of providing the Hosting Service to you.
17.2. You warrant that your material does not infringe the intellectual property rights of any third party and you have the authority to grant the licence to us. We may make such copies as may be necessary to perform our obligations, including making back-up copies of your material.
17.3. You will defend, indemnify and hold us harmless against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of the Services or of any claim or action that your material infringes, or allegedly infringes, the intellectual property rights of a third party.
17.4. If you download software from our website, we grant you a non-exclusive, non-transferable royalty free licence to use that software for the purpose set out on our website in relation to that software. Such licence will automatically terminate when we terminate providing the Hosting Services to you.
17.5. Any third party software that you download from our website shall be licensed to you on the standard software licence terms of the owner of the intellectual property rights in that third party software as those licence terms are notified to you at the time you download such software.
17.6. We retain all intellectual property rights in the Hosting Services (other than in your material) and our software. You must not decompile, disassemble the Hosting Services or our software.
17.7. We will defend you against any claim that the Hosting Services infringe any Swiss intellectual property rights of a third party, and shall indemnify you for any amounts awarded against you in judgment or settlement of such claims, provided that:
17.7.1. you give prompt notice of any such claim.
17.7.2. you make no admissions or settlements without our prior written consent.
17.7.3. you provide reasonable co-operation to us in the defence and settlement of such claim, at your expense.
17.7.4. we are given sole authority to defend or settle the claim.
18. Our liability
18.1. We do not monitor and will not have any liability for your material or any other communication you transmit by virtue of the Hosting Services.
18.2. Due to the public nature of the Internet, we shall not be liable for the protection of the privacy of electronic mail or any other information transferred through the Internet or via any network provider
18.3. No guarantee or representation is given that the Hosting Services will be free from security incidents or unauthorised users.
18.4. All conditions, terms, representations and warranties that are not expressly set out in these terms and conditions (or the documents referred to in them) are hereby expressly excluded.
18.5. We do not exclude or limit in any way our liability:
18.5.1. for death or personal injury caused by our negligence;
18.5.3. for fraud or fraudulent misrepresentation
18.5.4. for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
18.6. We will not be responsible for the following types of losses (in each case whether direct, indirect or consequential) and whether they are caused by our negligence or otherwise:
18.6.1. loss of income or revenue.
18.6.2. loss of business.
18.6.3. loss of profits or contracts.
18.6.4. loss of anticipated savings.
18.6.5. loss of goodwill.
18.6.6. loss of software or data.
18.6.7. wasted expenditure (such as pay per click advertising costs).
18.6.8. wasted management or office time.
18.7. Subject to these terms and conditions, our maximum aggregate liability under or in connection with the performance or contemplated performance of the Contract, whether in contract, tort (including negligence) or otherwise, shall in no circumstances exceed 100% of the price you have paid to us for the Services during the 12 months preceding the event giving rise to the liability in question.
18.8. You are advised to acquire business interruption insurance, or other appropriate insurance, to protect you and your business in the event of interruption of the Services (in particular the Hosting Service).
18.9. Where you buy any product or service from a third party seller through following a link on our website to such third party’s website, the seller’s individual liability will be set out in the seller’s terms and conditions. You should consult such terms and conditions.
19. Duration of the Services and cancellation
19.1. The part of the Contract relating to our Domain Registration and Renewal Service will commence on the date we send you our Acceptance Confirmation. It will continue until:
19.1.1. we have registered the domain name you have requested (the “Domain Name”) and you subsequently ask us not to renew the registration of your Domain Name
19.1.2. we terminate the supply of our Domain Registration and Renewal Service by notice to you because:
19.1.2.1. the Domain Name is no longer available for registration
19.1.2.2. you are in breach of the terms and conditions herewith
19.1.2.3. of some other reason preventing the registration of the Domain Name.
19.2. If we terminate the Domain Registration and Renewal Service under the clauses of this agreement, we will refund the price you have paid for the Domain Registration and Renewal Service to the credit card, debit card or other account you used to make the payment.
19.3. That part of the Contract relating to Services other than our Domain Registration and Renewal Service will commence on the date we send you our Acceptance Confirmation. Unless such Services are terminated as provided for in this clause they shall continue for the minimum period of time that applies to the Service you have purchased (“Minimum Term”). After expiry of the Minimum Term, they will continue on a month to month basis until terminated:
19.3.1. by you, as a Consumer, informing us of your decision to cancel the Contract by a clear statement. This should be via online support ticket.
19.3.2. by you, as a Business customer, informing us of your decision to cancel the Contract. This should be via online support ticket.
19.3.3. by us giving to you at least 30 days advanced notice in writing sent to the then current email address registered against your account
19.3.4. by exercising your right as a Consumer, to cancel the Contract(s) within the “cooling off period” i.e. within 14 days of purchase.
19.3.5. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. We request that you do this at least two working days before the cancellation date. Please note that the Cooling Off period only applies to Consumers, not Business Customers.
19.4. As part of our cancellation process, you must re-confirm your cancellation request via our support ticket system or support live chat system or we will continue to supply the relevant Services and your cancellation will be ineffective. You cannot cancel any of your Services by letter, email or telephone.
19.5. The monthly price for Services we supply under Contracts that continue on a month to month basis shall be charged monthly in advance directly to a credit card, debit card, paperless direct debit or other payment method registered against your account. Such payment will be taken on the same date of the month (or if no such date occurs then on the last day of the month) as on which the Services had originally commenced (“Payment Date”) unless or until you cancel the Services in accordance with these terms and conditions.
19.6. We will not provide you with a refund for a cancellation that is part-way through a billing period.
19.7. Without prejudice to any other right to terminate or suspend the Services we may have under these terms and conditions, our Terms of Website Use or our Acceptable Use Policy we may terminate the Contract at any time by giving you 30 days’ advance notice by emailing you at the email address registered against your account.
19.8. If we cancel the Services, we will refund to you the price you have paid for the Services on a pro-rata basis for the unexpired Minimum Term
19.9. Notwithstanding anything to the contrary in these terms and conditions, if you are in breach of an obligation of these terms and conditions we may terminate the Contract by 7 days’ notice to you.
19.10. Expiry or termination of the Contract shall be without prejudice to any rights and liability of either of us arising in any way under that Contract as at the date of expiry or termination.
20. Deletion of your data
20.1. If you cancel your Services, any data we hold or host in relation to the Services you have cancelled will be removed from our servers immediately. We will maintain a backup of these files until the end of the calendar year in which your services were terminated at which point they will be permanently deleted from our systems.
20.2. Accordingly, you are strongly advised to make appropriate copies of such data before you cancel your Services.
20.3. If we have terminated your hosting Services due to non-payment of any relevant fees, we can restore your data (prior to the end of the calendar year) if you pay any owed fees, along with a administration fee of CHF 100, ifour backup include you data. There is no obligation that we have to do so.
21. Additional terms
21.1. Additional terms and conditions may apply for our offers. If so, you will be advised of them at the relevant point.
22. Written communications
22.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic.
22.2. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
23. Notices
23.1. All notices given by you to us must be given though our online system.
23.2. We may give notice to you at either the then current e-mail or postal address registered against your account with us.
24. Third party rights and transfer of rights and obligations
24.1. The Contract is binding on you and us and on our respective successors and assigns.
24.3. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.
24.4. We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
25. Events outside our control
25.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
25.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
25.2.1. misuse, alteration or interference by you or any third party of our servers or systems (including virus and hacker attacks);
25.2.2. strikes, lock-outs or other industrial action;
25.2.3. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
25.2.4. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
25.2.5. impossibility of the use of public or private telecommunications networks; and
25.2.6. the acts, decrees, legislation, regulations or restrictions of any government.
25.3. Our performance under the Contract will be deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
26. Waiver
26.1. If we fail, at any time during the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
26.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
26.3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
27. Severability
27.1. If any of these terms and conditions or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
28. Entire agreement
28.1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us both in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
28.2. We each acknowledge that, in entering into the Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
28.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
29. Changes to our terms and conditions
29.1. We have the right to revise and amend these terms and conditions from time to time.
29.2. You will be subject to the policies and terms and conditions in force at the time that you order services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).
29.3. No variation of these terms and conditions shall be valid unless it is in writing and signed on our behalf.

30. Swiss law applies and the place of jurisdiction is Zurich, Switzerland



Foreword

 

With this data protection notice, PULSEHOST.net would like to inform you about the handling of your personal data with regard to the completely revised Data Protection Act (DSG) and the implementing provisions in the new Data Protection Ordinance (DSV). Although it is an EU regulation, the GDPR is relevant for PULSEHOST.net for various reasons: Swiss data protection law is historically closely linked to EU regulation, Swiss data protection law is strongly influenced by the GDPR and finally, the GDPR sets high data protection standards with extraterritorial effect and companies outside the EU are bound by these rules under certain conditions. For this reason, the terminology of the GDPR is also used below.

 

We reserve the right to change the content of this privacy policy at any time, in particular if we offer new or modified services or if a change in the legal situation or case law makes an adjustment necessary or reasonable, provided that the change is reasonable for the user, taking into account the legitimate interests of PULSEHOST.net.

 

Scope

 

We process personal data that we receive from our customers as part of our business relationship. In addition, we process personal data that we lawfully obtain from publicly accessible sources (e.g. ZEFIX, websites) insofar as this is necessary for the provision of our services. We use the personal data without further consent exclusively to enable the use of the services offered by us and to fulfill and process inquiries, registrations and orders.

Personal data is information about the personal or factual circumstances of a specific natural person. This includes information such as correct first and last name, full address, telephone and mobile number.

Further personal data is only collected, processed and used by us with consent if this information is provided voluntarily, for example as part of an inquiry, search query or for the justification, content or modification and processing of an order as well as for billing purposes and is necessary for this purpose.



Disclosure

 

Personal data is transferred to third parties under the conditions of Art. 6 FADP (and Art. 6 GDPR), in particular if the recipients process the personal data on our behalf (Art. 9 FADP, Art. 28 GDPR), if this is necessary due to our overriding legitimate interest, e.g. for internal administrative purposes, to fulfill contractual or legal obligations or based on your consent. Transfers abroad are subject to appropriate guarantees in accordance with Art. 16 and 17 FADP (Art. 44 ff. GDPR).

 

Service partners involved in the processing of the contract

 

We are entitled to transfer the data collected as part of the execution of the contract to the service partners involved in the execution of the contract, which we use to fulfill the contract, insofar as this is necessary and the purpose of the data is preserved. The respective domain registration regulations of the domain registries, over whose content we have no influence, stipulate that we must pass on certain data (e.g. your first and last name, the name of your organization, street and house number, zip code and city, country, telephone number and e-mail address of both the domain holder and the administrative contact person) to the respective domain registry when registering domains for you. The data will only be passed on to the extent prescribed and necessary.

 

Use of data for advertising and marketing purposes

 

We are entitled to collect, process and use your personal data for our own advertising purposes and in particular to tailor our services to your needs.

Otherwise, we will treat your data confidentially and in accordance with data protection regulations. We will not disclose this data or the content of your messages to third parties without your consent, unless you have expressly consented to the disclosure of the data for the aforementioned purposes or the disclosure is expressly permitted or even required by law.

However, this prohibition of transfer does not apply if, in individual cases, we are obliged by order of the competent authorities to provide third parties, in particular government agencies, with information about inventory data, if this is necessary for the purposes of criminal prosecution or to enforce intellectual property rights and on the basis of other relevant legal provisions. No further consent is required for this.

Online payment systems

 

We would like to point out that in addition to the online payment service PayPal and STRIPE, based in San Jose / USA and Luxembourg, other online payment systems may be offered for the payment of our services, the operators of which may also be located outside Switzerland. In particular, these companies store the data of the ordering user relevant to the payment on servers that may also be located outside Switzerland. We have no influence over this. The use of these payment systems takes place exclusively with your consent.

 

Data security

 

Personal data is transmitted over the Internet in encrypted form both when contacting us via the contact form on our website and when placing orders and registering in the customer portal. We use technical and organizational measures to secure our website and other systems against loss, destruction, access, modification or dissemination of your data by unauthorized persons in accordance with the current state of the art and to the best of our knowledge.

 

Anonymous data collection

 

Every access to our homepage and every retrieval of a file stored on the homepage is logged and stored in a file. We automatically collect and store information that your browser transmits to us in our server log files. This includes, among other things

 

- Date and time of the server request

- Name of the retrieved files

- Amount of data transferred

- Notification of successful retrieval

- Browser type/version

- Operating system used

- Referrer URL (the previously visited page)

- Host name of the accessing computer (IP address)

 

This data cannot be assigned to specific persons. This data is not merged with other data sources. Subject to any statutory retention obligations, the IP addresses of users are deleted after the end of use. The temporary storage and statistical evaluation of data that cannot be assigned to a specific user serves exclusively to ensure system security and the security of user data (e.g. detection of invalid links, program errors and attacks on the system).



Integration of third-party services and content

 

Third-party content, such as videos from YouTube, map material from Google Maps, RSS feeds, may be integrated on our websites. This always technically requires that the providers of this content (hereinafter referred to as “third-party providers”) can determine the IP address of the user, as they would not be able to send the content to the browser of the respective user without determining the IP address. The IP address is therefore absolutely necessary for the presentation of this content.

 

Information, correction, blocking and deletion of data

 

Within the framework of the applicable data protection regulations, you have the right at any time to information about the data stored about you, its origin and recipient and the purpose of storage, as well as the right to correct, block or delete this data. If statutory, contractual or commercial or tax retention periods or reasons prevent deletion, your data will be blocked instead of deleted.

Zoho SalesIQ



We use “Zoho SalesIQ” on our website, a service provided by Zoho Corporation GmbH, 40213 Düsseldorf, Trinkausstr. 7, Germany, for live chats.

When using our live chat, you transmit your e-mail address and, on a voluntary basis, your first and last name and other information in connection with your request. We store the data that is necessary to answer your request.

The following information is recorded when you visit the website

 

- the last time you visited the website

- which pages you have accessed

- how long you stayed on which page

- your IP address

 

This information is stored in a cookie and saved on your computer. This cookie expires after two years and helps us to ensure that you do not see the same message twice. To delete this data, you can simply clear your cookie storage.

 

Zoho One

For the best possible support and administration of our services, we use the services of Zoho Corporation GmbH, based in Germany, 40213 Düsseldorf, Trinkausstr. 7, with whom we have concluded an order processing contract (Art. 28 GDPR). Data storage takes place exclusively in European data centers. For the purposes of technical support

Zoho employees in India can access the data. Access must be authorized by our employees and takes place via Teamviewer sessions. There is a corresponding data protection agreement with Zoho's Indian subsidiary.

 

Cookies and similar technologies are used to ensure that these work technically. However, this is only done if you have previously consented to optional marketing or analysis cookies.

 

With Zoho CRM we manage personal data of our customers (legal basis Art. 6 para. 1 lit. b GDPR: Fulfillment of contractual obligations).

We use Zoho Forms so that interested parties and customers can contact us as quickly and easily as possible on our website: This allows us to manage inquiries via our online forms. By submitting inquiries, you consent to us processing the data you provide (e.g. your email address) to process your inquiry (legal basis Art. 6 para. 1 lit. a GDPR). In addition, it is in our legitimate interest to make it as easy as possible for our customers to contact us (legal basis Art. 6 para. 1 lit. f GDPR). Please note that you only enter the data required to process your request in the forms.

We enable the online booking of appointments via Zoho Bookings (legal basis Art. 6 para. 1 lit. a GDPR). We send newsletters and surveys via Zoho Campaigns and Zoho Survey (legal basis Art. 6 para. 1 lit. a GDPR), unless and until the recipients have objected to being contacted for marketing purposes.

In order to make our website as attractive as possible for our customers and interested parties, Zoho PageSense is used to store data about visits and clicks on this website (in particular query parameters, clicks with element selectors, page scrolls, location, device type, browser type, browser language and operating system of the end device) in order to draw conclusions and optimize the website. The prerequisite is that the user has consented to the setting of analysis cookies (legal basis Art. 6 para. 1 lit. a GDPR). It is not possible to draw conclusions about the identity of individual visitors based on this statistical data. With your consent, Zoho SalesIQ also collects anonymized usage data to analyze the website. The cookies used for this purpose also collect information about how visitors use our website, which website the visitor came from, which subpages were visited, how often a user visited the website and how long they stayed on the website. This data is stored exclusively for statistical purposes. The IP addresses are pseudonymized by shortening them. We also use SalesIQ's live chat function to communicate with you in real time. The data is only stored temporarily during your visit, unless you want us to archive the chat and assign it to your CRM entry as a lead in our CRM. This will only be done with your consent (legal basis Art. 6 para. 1 lit. a GDPR).

 

Responsible body in terms of data protection

 

You can contact our data protection officer at

 

PULSEHOST.net

Bahnstrasse 8

8603 Schwerzenbach

Switzerland