Term of Service

This Terms of Service (TOS) agreement is an agreement between eSolPro.com (“eSolPro.com “, “us”, “we”, “our”) and you (“Customer”, “Client”, “Member”, “you”, “your”, “they”). Use of any eSolPro.com services constitutes acceptance and agreement to this Terms of Service (TOS) agreement as well as the eSolPro.com Acceptable Use Policy (AUP) and Privacy Policy.

eSolPro.com reserves the right to terminate this TOS for any reason or no reason. eSolPro.com treserves the right to refuse service to anyone.

The features and details of the Services governed by this TOS are described on our website at “eSolPro.com “. Throughout this TOS, the aspects of the Services provided to you by eSolPro.com , are referred to together as the “Service.” Certain parts of the Service may be provided by third party vendors. These third parties may have reserved the right to make changes, including material changes, to their products and incorporated into our Service. If a third party makes a change to its products, you may not terminate this TOS based on such a change, even if it materially affects the Service.

Contact Information
As part of providing you with the Service, you are required to provide us with accurate and up-to-date information when setting up your account, and during the course of our business relationship. We will communicate with you by e-mail about the Service from time to time. You agree to provide us with an e-mail address that is active and monitored on a daily basis. eSolPro.com has no responsibility, or liability, for interruptions in the Services that we provide, or damages of any sort, based on communications that are misdirected as a result of your failure to provide us with valid contact information. The contact in our records is considered by us to be our customer and we will communicate with this contact as the account administrator. However, if there is any dispute, we will consider the person/entity who paid for the latest billing period of the account to be the owner of the account. If you are reselling the Service, or are an End User of a reseller, it is your obligation to ensure that our records accurately reflect the correct ownership and control of the Service.

Service Changes
eSolPro.com reserves the right to amend its service offerings and add, delete, suspend, or modify the Service and Service fees at any time at its sole discretion, and reserves the right to determine whether and when any such changes apply to both existing and future customers.

Service Fees
The date of the initial online order for eSolPro.com Services, will set the Account monthly anniversary date for all future billings. Some adjustments of the anniversary date will be performed should the online order date occur on the 29th, 30th, or 31st of the month. Services are provided on a prepayment basis and fees for services will be billed on the anniversary date of the billing cycle of the Service. All fees are fully earned when due and non-refundable when paid. Customer agrees that eSolPro.com will charge all Service Fees to the credit card supplied by Customer. All payments shall be made in US Currency. The Service Fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services or any software provided hereunder. If applicable, all taxes will be paid by the Customer.

Multiple Sites
eSolPro.com Services allow customers to order and manage multiple Sites within their Control Panel. For each Site, the customer can select a quarterly term or annual term.The date of the initial online order for eSolPro.com Services which setup the Control Panel, will set an Account anniversary monthly date for all future billings of all Sites managed in the control panel. Any new Site ordered whether quarterly or annual will be synced to the day of the monthly anniversary date.

One Time Fees
Any one time fees are due and payable at the time they are incurred and are non-refundable.

Annual Fees for Domain Name Registration, Private Whois and SSL Certificates
Certain services such as Domain Name registration, Private Whois and SSL Certificates are on an annual billing cycle which can be out-of-sync with the Service Fee anniversary date. The customer is responsible for logging into their control panel and renewing these services manually. eSolPro.com will e-mail reminder notices to the customer regarding the renewal of these services. Customer understands that Domain Name Registration fees, Private Whois fees, and SSL certificate fees and any other like annual service fees are non-refundable.

New Domain Name Registration
Under this TOS, the Customer has the option, through the Order Form or as part of service activation within the Control Panel, to request eSolPro.com to register a new domain name on behalf of the Customer. Customer understands and acknowledges that eSolPro.com is not a Domain Registrar and that eSolPro.com will register new domain names through a Domain Registrar partner selected by eSolPro.com . Customer understands that the domain registration process requires eSolPro.com to pass Customer Information to the Domain Registrar partner and such information may become public information. eSolPro.com will not be responsible if a domain name is not available for any reason. eSolPro.com will not be responsible for any infringement of any third party rights caused by its domain registration on behalf of Customer. For such new domain name registrations, Customer shall comply with the then current Domain Name Terms and Conditions posted at our current domain registrar partner’s website at http://www.opensrs.com/resources/contracts/exhibita.htm, ICANN Uniform Domain Name Dispute Resolution Policy posted at http://www.icann.org/dndr/udrp/policy.htm, and Registrant Rights and Responsibilities Under the 2009 Registrar Accreditation Agreement posted athttp://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm.

Service Credits
Should any service credits be issued to the Customer account, they will be used to offset hosting fees assessed in the future. Service credits are not cashable and cannot be transferred to other accounts.

Fraud Prevention
eSolPro.com uses various technologies to screen orders for fraud prevention. Each order for new Service is subject to our fraud prevention screening. eSolPro.com is not obligated to provide Service to Customer until Customers comply with all fraud prevention program requests. Any unfulfilled requests may result in account suspension and/or account cancellation. Customers may still be responsible for any Third Party Service that they may subscribe to. eSolPro.com is not responsible, and Customer agrees to hold eSolPro.com harmless from, any liability or damage that Customer or any third party may sustain, should Customer fail to meet the criteria of the fraud prevention controls.

If Customer wishes to cancel Service for any reason, the Customer must log into their Control Panel at https://cp.eSolPro.com and click ‘support’ icon to submit a cancellation request to our accounting. Cancellations are effective once our accounting department process it(Cancellation Date). For security and privacy, all customer files, data, and e-mail remaining on eSolPro.com servers after the cancellation date will be destroyed and unrecoverable for security and privacy reasons. It is the Customer’s responsibility to backup their files and data and download their e-mail prior to requesting Cancellation. eSolPro.com is not responsible, and Customer agrees to hold eSolPro.com harmless from, any liability or damage that Customer or any third party may sustain, should customer files and data be destroyed after site cancellation.

Transferring Away Domain Names
Abiding by Domain Registrar policies, you are free to move domains that were registered through eSolPro.com to other domain registrars. A domain name unlock tool is made available in the control panel. The customer understands that unlocking a domain from our control panel is an irreversible action. Once you unlock a domain, eSolPro.com will not renew the domain and, if you wish to keep this domain active, you must move the domain to another domain registrar of your choice.

Refunds and Disputes
eSolPro.com gives out pro-rated refunds for any un-use service except SSL Certificates and Domain Name purchases,transfers or any services for which  pre testing or trial service or period is already availed. Refunds would be added to your account balance for further services. Customers seeking to resolve any billing errors are required to open a billing ticket through the Support/Customer Portal at https://cp.eSolPro.com . The Customer agrees not to issue chargebacks for any credit card payments. A chargeback of payment for services rendered will result in an additional charge of $150.

All payments are due in full on the anniversary date. Failure to remit payment for services on the anniversary date is a violation of this TOS. Failure to remit payment for ten (10) consecutive days, including the anniversary date, shall result in a suspension of public access to Customer services. Failure to remit payment for services within twenty-five (25) consecutive days, including the anniversary date, shall result in termination of access to the service network and all services shall be reclaimed. All Customer files and data remaining after twenty-five (25) days of non-payment will be destroyed and unrecoverable for security and privacy reasons.

CPU Usage
Customer agrees that they will not use excessive amounts of CPU processing on any of eSolPro.com’s servers. Any violation of this policy may result in remedy action by eSolPro.com , which may be taken in eSolPro.com’s sole discretion with or without notice

Bandwidth and Disk Space Usage and File Count Limit and IIS Entry Limit
Customer agrees that bandwidth and disk space usage and file count limit shall not exceed the number of megabytes per month ordered by Customer. eSolPro.com will monitor Customer’s bandwidth and disk space usage and file count limit. eSolPro.com shall have the right to take remedy action if Customer’s bandwidth or disk space usage or file count limit exceeds the Agreed Usage. For your convenience, a Resource Usage meter is provided in the Control Panel. Basic shared hosting plan file count limit is 10,000 files/folders. Advance shared hosting plan file count limit is 50,000 files/folders. Premium shared hosting plan file count is 100,000 files/folders. Semi Basic hosting plan file count limit is 200,000 files/folders. Semi Advance hosting plan file count limit is 300,000 files/folders. Semi Premium hosting plan file count limit is 400,000 files/folders. Reseller plan file count limit is 1,000,000 files/folders for sum of all sub-accounts and a maximum of 100,000 files/folders per sub-accounts.
Each individual hosting account shell not exceed the limit of 99 IIS Entries.

System and Network Security
Customer is prohibited from violating or attempting to violate or circumvent the security of the eSolPro.com Network. Violations of system or network security will result in civil or criminal liability. eSolPro.com will investigate any such violations and will cooperate with law enforcement authorities in prosecuting any Customer who is involved in such violations.

Customer’s Data and Backups
Customers are responsible for backing up all of their data. eSolPro.com will not be responsible if there are any data losts for any reasons. For Shared and Semi Dedicated hosting plan, eSolPro.com do provide daily backups, however, we do not guranteed it. VPS and Dedicated Plan customers are responsible for making their own backups. We do not make backups for VPS and Dedicated Plans.

Customer Content
Customer Content will include content uploaded to, submitted to, stored on or distributed by Customer via eSolPro.com Services. Customer Content also includes content of users of Customer’s website and materials as well as content provided by third parties. Customer will be solely responsible for the development, operation, and maintenance of Customer Content other than agreed through mutual technical support agreement.
Remedy Action
eSolPro.com may take remedy action with or without notice, which may result in the following: a) removal of all or a portion of the Customer Content, b) disconnection or discontinuance of any and all Services, or c) termination of this Agreement in the event of i) violation of our AUP, ii) notice of violation by Customer of this TOS, iii) non-payment, or iv) chargeback. Customer agrees that eSolPro.com will have no liability to Customer due to any Remedy Action that we may take. Customer also agrees that eSolPro.com will not provide any refunds of any fees paid by Customer prior to Remedy Action. In the event of Remedy Action against Spamming Activities or Internet Abuse, eSolPro.com will charge the customer a $500.00 clean up fee.

Termination for Violation

We reserve the right to immediately suspend the Service and/or terminate this TOS: (i) for a violation of any of our policies, including those incorporated by reference; and/or (ii) your failure to pay any amounts due. This right of termination is without prejudice to any other rights we may have. You are not entitled to any type of notice or protest should we decide to exercise these rights, nor will you receive a refund of any Fees.

Use of the Services
Your use of the Services must be reasonable and you may not place excessive burdens on our servers or other resources. You agree that we may place restrictions on your use of the Service, and charge you excess fees, to the extent that they exceed the use of the Service of similarly situated customers. You understand that disk space, bandwidth, connection speeds and other similar indices of capacity are maximum numbers. Reaching these capacity numbers on a regular basis may result our need to place restrictions on your use of the Service.

Websites that’s not allowed to be hosted in our system: Adult Site, Mass Media Sharing Site, Mass File Sharing Site, Mass File Download Sites, Large number of Media Files per site (such as Flash and Videos), Large number of Images per site. Using our hosting service for online File Storage or Backups will also violate our Terms of USe.

Each shared hosting account can only be used by a maximum of 10 different companies. If you are looking to resell our service, you’re required to signup for our ‘Reseller Plan’ listed on our site.

When an Account is terminated or cancelled, all files and data will be destroyed and unrecoverable for security and privacy reasons. eSolPro.com has no responsibility to forward e-mail, or other communications, for you once your Account is closed and you will no longer have access to the control panel. You are encouraged to keep the Service active during a transition period should you seek to forward your e-mail or other communications.

Customer Representations and Warranties
Customer represents and warrants to eSolPro.com that during the Term that Customer owns, has a valid license, or has the right to use the Customer Content, including all text, graphics, and code, and the use, reproduction, distribution and transmission of the Customer Content and any information and materials contained therein does not, and will not, (i) infringe any copyright, trademark, or any other proprietary right of a third party, (ii) violate any criminal laws and will only be used for lawful purposes, (iii) constitute false advertising, defamation, an invasion of privacy, violate a right of publicity or violate any other law or regulation, or (iv) contain and will at all times remain free of computer viruses, trojan horses, worms, and other malicious code.

You represent and warrant to eSolPro.com that: (i) you have the knowledge necessary to use the Service; (ii) you understand and appreciate the risks inherent from accessing the Internet; (iii) you will use the Service without extra effort on our part; and (iv) that you will pass through the terms of our Acceptable Use Policy to End Users.

License to eSolPro.com Customer grants eSolPro.com a royalty-free, non-exclusive, worldwide right and license to reproduce, copy, use and distribute Customer Content and to make archival or backup copies of the Customer Content solely to provide and operate the Services. eSolPro.com acknowledges that they are not acquiring any right, title or interest in or to the Customer Content, all of which shall remain solely with the Customer.

eSolPro.com Intellectual Property
eSolPro.com grants to Customer a non-exclusive, non-transferable, royalty-free license, during the term of this Agreement, to use eSolPro.com Technology solely for the purpose of accessing and using the Services. Customer may not use the eSolPro.com Technology for any purpose other than accessing and using the Services. Except for the rights expressly granted herein, this Agreement does not transfer from eSolPro.com to Customer any eSolPro.com Technology, and all rights, titles and interests in and to the eSolPro.com Technology shall remain solely with eSolPro.com . Customer shall not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from any of the eSolPro.com Technology. eSolPro.com’s trademarks, tradenames, service marks, logos, other names and marks, and related product and service names, design marks and slogans are the sole and exclusive property of eSolPro.com . Customer may not use any of the foregoing in any advertising, publicity or in any other commercial manner without the prior written consent of eSolPro.com .

Independent Contractor
eSolPro.com and Customer are independent contractors. Nothing contained in the TOS places eSolPro.com and Customer in the relationship of principal, agent, partner or joint ventures. Neither party may represent itself as having any authority to make contracts or enter into any agreements in the name of the other party.

Any feedback, data, answers, questions, comments, suggestions, idea or the like which Customer sends to eSolPro.com relating to the Services will be treated as being non-confidential and non-proprietary. eSolPro.com may use, disclose or publish any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever.

Hardware and Software
You are responsible for and must provide all Internet connectivity services, computers, software, hardware, and other services necessary to access eSolPro.com servers and Services. eSolPro.com makes no representations, warranties, or assurances that customer’s equipment will be compatible with eSolPro.com Services.

Governing Law and Jurisdiction
“The Client” and “The Consultant” are independent parties and nothing in this Agreement shall constitute either party as the employer, principal or partner of or joint venture with the other party. Neither “The Client” nor “The Consultant” has any authority to assume or create any obligation or liability, either express or implied, on behalf of the other.
Government Regulations
Customer may not export, re-export, transfer or make available, whether directly or indirectly, any regulated items or information to anyone outside the United States in connection with this TOS without first complying with all export control laws and regulations which may be imposed by the United States government and any country or organization of nations within whose jurisdiction Customer operates or does business.

Mutual Indemnification
Each party agrees to indemnify and hold harmless the other party, the other party’s affiliates, and each of their respective officers, directors, agents, attorneys, and employees from and against any and all claims, demands, obligations, liabilities, damages, losses, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys’ fees) brought by a third party under any theory of legal liability arising out of or related to the indemnifying party’s actual or alleged infringement or misappropriation of a third party’s copyright, trade secret, patent, trademark, or other proprietary right.

Disclaimer of Warranty

Limitation of Liability
Customer agrees that no eSolPro.com Person, under any circumstances, shall be held responsible or liable for situations where the Services are accessed by third parties through illegal or illicit means, including situations where such data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to eSolPro.com at the time) which may exist in the Services or eSolPro.com’s equipment used to provide the Services.

Under no circumstances, including negligence, shall any eSolPro.com Person be liable for any indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data or use by Customer, any of its users, or any other third party, whether in an action in contract or tort or strict liability or other legal theory, even if eSolPro.com has been advised of the possibility of such damages.

No eSolPro.com Person shall be liable to Customer, any of its users, or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to eSolPro.com’s records, programs, equipment, or services.



Customer understands, acknowledges and agrees that if eSolPro.com takes any remedy action under this Agreement because of an action of Customer or its website users, Customer agrees that eSolPro.com shall have no liability to Customer due to such remedy action by eSolPro.com .

The terms of this section shall survive any termination of this Agreement.

Force Majeure
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, acts of government or other legal order, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.

We each warrant to the other that: (i) we have the power, authority and legal right to enter into this TOS; and (ii) we have the power, authority and legal right to perform our obligations under this TOS and all incorporated provisions.

This TOS may be assigned by eSolPro.com . It may not be assigned by you. This TOS shall bind and inure to the benefit of the corporate successors and permitted assigns of the parties.

No Waiver
No waiver of rights under this TOS, or any other eSolPro.com policy shall constitute a subsequent waiver of this or any other right under this TOS.

Entire Agreement and Severability
This Agreement represents the entire agreement between the parties, and supersedes all previous agreements. All rights and restrictions contained in the Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect. Customer hereby represents that they are either, an individual entering this Agreement for their personal use and is of legal age to execute this Agreement, or a corporation, limited partnership or other legal entity, validly existing under the laws of the state of its organization and the person acting on behalf of Customer is authorized to execute this Agreement on behalf of Customer.

§ 1 Services of the provider, payment, contract period/termination

(1) The scope of the individual services is based on the current service description in force at the time of placing the order.

(2) If no other agreement has been expressly reached, the provider shall also be entitled to instruct expert staff or third parties to provide the services incumbent upon him. If active co-operation is required on the customer’s part on another server, e.g. during the transfer of a web space package or other data stored on the provider’s servers, the customer shall provide such co-operation in accordance with the provider’s instructions and within the stipulated time.

(3) If no other agreement has been reached the provider shall be entitled to demand payment in advance for all services ordered by the customer for the respective period.
All webhosting packages (“webspace”) and colocation services and domains offered by the provider (eSolPro / DataCenter Provider) assume a minimum service period of twelve months with an automatic extension of the agreement for twelve months.
All dedicated server packages and VPS packages offered by the provider (eSolPro / DataCenter Provider) assume a minimum service period selected by the customer when placing the order with an automatic extension of the contract and the corresponding services for the minimum service period chosen by the customer.

(4) Once the payment which had been made by the customer in advance for the agreed term has expired the contract is automatically terminated.

(5) Given that the customer is placing the order as a private customer (as defined by § 13 BGB), the following applies: The customer has to pay the provider an appropriate fee which equals the ratio of the services already rendered in relation to the total services intially intended for the contract, up to the point when the customer informed the provider about the enactment of his right of revocation regarding the contract. This is true in particular for yearly costs of ordering Internet domains. The reason for this is that these Internet domains are ordered individually according to the customer’s wish from the responsible registry and such orders have to be paid by the provider for one year in advance. This is why advances rendered by the customer will be withheld, in general. Due to the installation and start of operation of the hosting services ordered by the customer (setup and configuration of the web space or server, the domain or the colocation space as well as the Internet uplink required, setup of upgrades, etc.), which the provider is contractually obligated to perform, the provider explicitly reserves the right to demand appropriate compensation for lost value if the costs for the services rendered by the provider in relation to the total services intended for the contract are not covered by advances made by the customer.

(6) Should the provider be commissioned by the customer to provide services that are over and above the duties and responsibilities detailed in these General Terms and Conditions and in the service description (e.g. software-configuration, correction of errors or problems etc., that were not caused by the provider) the provider shall be entitled to demand adequate remuneration. In this case, a standard payment of € 25.00 per 15 minute unit of work shall be agreed. The provider may vary from this payment for the benefit of the customer as he sees fit.

(7) The responsibility for backups of his data lies with the customer, not the provider.

(8) The provider shall be entitled to increase fees up to once per quarter. Such an increase requires the agreement of the customer. The agreement of the customer shall be given if he does not dissent within 4 weeks after receipt of the message informing him about the change. The provider is obliged to inform the customer about the repercussions of not dissenting within 4 weeks. As long as the main obligation, i.e. the obligation of payment of the basic usage-independent monthly remuneration, is not concerned, the provider determins the remuneration according to equitable discretion.

(9) In case the value-added tax is increased, the provider shall be entitled to adjust the remuneration for goods and services, which are adduced or delivered within a continuing obligation, accordingly, starting at the point of time the value-added tax-change comes into effect.

(10) It is agreed that payments made by the customer will not be refunded regardless of their original purpose – except in the case of an effective revocation, but then by inclusion of § 1(5). In case the customer made a payment higher than the amount of fees being required until the end of the contract and the fees for ordered services until then, it is agreed that the balance will not forfeit. Instead of a refund, the balance will be used for the provision of other / new services which the customer can order from the provider at any time.

§ 2 Third party rights

(1) The customer expressly assures that the provision and publication of web page content created either by himself and/or web pages created for him by the provider based on information provided by the customer neither infringes German law nor any other law applicable in the customer’s country of residence, in particular copyright, data protection and competition law. The provider reserves the right to remove any pages from storage on his server that appear to be of dubious content. The provider shall immediately inform the supplier about any intended deletion of pages. The same shall apply if the provider is requested by third parties to change or delete contents of web pages because they allegedly violate third party rights.

(2) The provider shall be entitled to delete any such web pages from hard disk storage on his web server if such pages are likely to infringe third party rights. He shall also be entitled to prevent access by third parties by taking any appropriate action. The provider undertakes to notify the customer immediately about any such measure. Should the customer be able to provide proof that there are no concerns regarding infringement of third party rights the provider shall make the web pages concerned available again to third parties. The customer hereby agrees to hold the provider harmless from any claims by third parties resulting from the content of materials on the customer’s website(s).

(3) The clauses 1 and 2 are also applicable for all other products offered by the provider which are suitable for publishing data, such as VPS or colocated servers.

§ 3 Internet domains

(1) Should domain registration or domain hosting form part of the services offered to the customer, the provider shall act only in the capacity of mediator between the customer, DENIC,PKNIC, InterNIC or other domain registration authority. Agreements with such organisations have the sole purpose of governing the customer’s rights and obligations.

(2) The provider has no influence on the delegation of domain names. He therefore cannot warrant that the registered domain names are not subject to claims by third parties or that they are unique or permanent. This also applies to sub-domains allocated within the provider’s domain.

(3) If the customer should be requested by a third party to surrender a domain because it may infringe third party rights, he shall inform the provider immediately. In such cases the provider shall be entitled to surrender the Internet domain on behalf of the customer. The customer hereby agrees to hold the provider harmless from any claims by third parties resulting from disputes regarding inadmissible use of domain names.

(4) The customer hereby warrants to the provider that the address information (consisting of at least his name, address, telephone number and e-mail address) provided during registration or setting up a new account is correct and complete. Should this information change then the provider must be notified immediately in writing (letter, e-mail, fax). This and under certain conditions further information, will also be used for domains ordered by the customer from the provider.

§ 4 E-mail and newsgroups

(1) If the provision of e-mail addresses or e-mail services forms part of the services offered by the provider, the limitations set out in § 3 shall apply analogously to e-mail addresses provided for the customer. The provider reserves the right to delete the customers e-mail messages if they are not retrieved from the mail server within 4 weeks of receipt.

(2) If provision of access to public discussion forums (newsgroups) forms part of the services offered by the provider the time period over which public news is stored shall depend upon operational considerations of the provider.

(3) The provider shall not be responsible for the e-mail addresses he provides; their use and management is outside the control of the provider. In the case of misuse, the provider shall be entitled to suspend all or individual e-mail addresses. The customer shall be informed immediately about such measures.

§ 5 Limitation regarding content

(1) For webspace-packages, the following applies: The customer must ensure that his web site is designed such that the server is not excessively loaded, e.g. caused by CGI/PHP scripts requiring considerable computing power or above average memory usage. Excessive loading shall be defined as such usage of the aforementioned resources such that the operation of a eSolPro / DataCenter Provider server is noticeably impaired or even crashes. eSolPro / DataCenter Provider reserves the right to prohibit customers or third parties from accessing pages that do not comply with the aforementioned requirements.
If no other agreement has been reached, the following content is forbidden:
– Unsolicited bulk messages (spam e-mails) or web pages that are connected in some way with spamming
– All other scripts that may impair and/or disrupt the function of the server

(2) For dedicated, colocated and virtual servers, the following applies: If no other agreement has been reached, the following content is forbidden:
– Unsolicited bulk messages (spam e-mails) or web pages that are connected in some way with spamming
– IRCd, the service for Internet Relay Chat
– All other scripts and applications that may impair and/or disrupt the function of the server or other servers

(3) Should clause 1 or 2 be applicable, the provider reserves the right to immediately suspend the webspace package or server. This course of action will also be implemented should other sites stored on the server or other servers within the network of the provider be affected by the customer’s site or server. The customer shall be informed about any such suspension.

(4) Moreover, the provider can proceed with the immediate suspension of any server or webspace package on which would be operated any kind of proxy service, such as VPN or TOR, for which the provider has knowledge of abuse, fraudulent or unlawful use.

(5) In case of such a suspension, solely the customer, not the provider shall be accountable for infringements of contracts. In any case the provider’s claim of payment of remuneration remains, for the entire contract period.

§ 6 Server-administration

The following is only applicable for server offers (like dedicated, colocated and virtual servers):
(1) The provider concedes complete and sole administration-rights on rented/colocated servers to the customer. Only the customer knows the individual administration-password of the server, not the provider. The provider is therefore unable to administrate the rented/colocated server. Hence the customer is solely and entirely responsible for administration and security of his servers, at his own expenses and risks. It is his duty to install necessary security-software and to inform himself constantly regarding security issues as well as to fix such by himself. Installation of maintenance software or other software does not absolve the customer from this duty.

(2) Should customers receive fixed IP-addresses, the provider reserves the right to change these when technical needs arise and to inform the customer about his new IP-address.

(3) If necessary and reasonable, the customer will assist at simple configuration changes, such as entering the login-data anew, or simple changes of his systems.

(4) It is the customer’s duty to configure his programs in such a way that they are restarted automatically when the hardware or the operating system is restarted.

§ 7 Guarantees of performance

(1) The provider guarantees an annual mean 95%-availability of the physical connection of his webspace packages, dedicated, colocated and virtual servers. Exempted hereof are periods of time in which the servers are not reachable over the internet due to technical or other problems which do not lie within the provider’s sphere of influence (force majeure, faults of third parties or of the customer).

(2) The servers located in the datacenters of the provider are connected to the internet over a complex network infrastructure. Data traffic is routed over different active and passive network components (routers, switches, and other devices), which have a certain maximum data throughput. Therefore data throughput capacities can be limited for particular servers at particular points and not be equal to the maximum allowed data throughput of the respective switch-port. Unless otherwise agreed, the provider cannot give a guarantee for the amount of actually available bandwidth for individual servers, but makes available bandwidth depending on the technical capability of the datacenter, taking into account obligations towards other customers.

(3) Customers can use the servers of the provider or own colocated servers for an manageable amount of different applications and use various software programms to this purpose, at their own discretion. Because of this, millions of different configurations are possible. The sheer diversity of these option does not permit the provider to give guarantees for the utilizability and compatibility of servers for a certain purpose.
Except for the specifications made in the description of the offer, the provider cannot give guarantees for the actual resources available for individual webspace packages and VPS. Rather, the provider makes available resouces depending on technical possibilities, taking into account obligations towards other customers.

§ 8 Data protection

(1) The customer agrees that his personal data (basic data) and other information concerning use of the service (e.g. time, number and duration of connections, access passwords, uploads and downloads) may be stored by the provider during the period of the agreement should this be necessary for fulfilling the purpose of the contract, particularly for invoicing. The customer agrees to the storage of data. The provider may also processes and utilise such personal data that has been collected for the purpose of advising his customers, for advertising and market research for his own purposes and for structuring his telecommunication services in accordance with requirements. The customer shall be entitled to object to such use of his personal data.

(2) Upon request by the customer the provider undertakes at any time and at no charge to provide full access to stored personal data pertaining to the customer. The provider shall not disclose this data or any of the customer’s personal messages to third parties unless he is legally required to do so, in particular to government bodies or should this be required by internationally recognised technical standards.

(3) The provider expressly points out that the protection of data privacy for data transmission across open networks such as the Internet cannot be fully guaranteed with current technology. The customer acknowledges and accepts that the provider is entitled at any time to view the websites stored on his server and, under certain conditions, any of the customer’s data stored there if technical requirements so dictate. Other unauthorised Internet users may also be technically able to interfere with network security and control the flow of messages.
The customer warrants that all information he has given to eSolPro / DataCenter Provider is correct and complete. Upon request the customer agrees to immediately inform eSolPro / DataCenter Provider of any changes and to reconfirm that the data is currently correct within 7 days of receiving any such request.
This applies in particular to:
– Name and postal address of the customer,
– Name, postal address, e-mail address as well as the telephone and fax number of the technician responsible for the domain,
– Name, postal address, e-mail address as well as the telephone and fax number of the administrator of the domain
– and if the customer provides his own name server, the IP addresses of the primary and secondary name servers including the names of these servers.

(4) The clauses in § 8 do not affect § 16(4).

§ 9 Limitation of liability

The provider shall be liable for any damages caused by him or factors, servants and assignees through gross negligence or intent. In cases of violation of essential contractual obligations and slight negligence which lead to financial losses liability shall be limited to a liability insurance procured by the provider (with regard to the amount of liability) and to predictable, imminent losses (with regard to the type of liability).The limitations of liability stated above do not concern claims of the customer regarding product liability and especially do not apply for damage caused to the customer’s health (or loss of life) attributable to the provider. Otherwise, liability is excluded.

§ 10 Indemnity

The customer indemnifies the provider against all possible third party claims arising from any illegal action by the customer or from errors in the information provided by the latter. This applies in particular to copyright, data protection and competition law violations. eSolPro / DataCenter Provider shall not be obliged to check the customer’s websites for possible legal violations.

§ 11 Applicable law, place of jurisdiction

(1) Applicable law is that of the actual Data center origin and place of business of the core service provider

§ 12 Payment

(1) Provided that, in the following or preceding section(s), the customer has selected the payment option, “direct debit” or “credit card”, he herewith agrees that payments for the services of the provider shall be debited from his bank account or credit card. Such payments may include:
a) Setup charge
b) Monthly package/server/housing/bandwidth charge
c) Domain costs
d) Costs for additional traffic
e) Other costs that may arise for using the provider’s services

(2) In the case of incorrect direct debits/credit card debits (possibly caused by an overdrawn account, incorrect account data etc.) additional bank charges and increased administrative costs will arise for the provider. The provider will therefore charge a flat fee of € 15.00 for an incorrect direct debit and a flat fee of € 30.00 for an incorrect credit card debit.

(3) In the case of a failed debit collection, the provider may immediately claim default interest fixed by law. Additionally, the provider shall be entitled to discontinue the service contract until payment is made. The provider shall be entitled to suspend the contract and reallocate the rented capacities. Data loss cannot be ruled out in this case. A one-time-fee of € 30.00 is computed by the provider when re-activating the service for the customer.
In the case of a non-payment until the second date mentioned in the demand note an additional fee of € 58.00 is computed for mandating a lawyer.

(4) The provisions set out in paragraph 3 shall also apply in the case of non-payment if the customer has selected the payment option “bank transfer”, “PayPal”, “Skrill”, “Western Union” or a similar, comparable payment option. Delay of payment is the case when, at the first of a given month, the services of the provider have not been prepaid for the entire month.

§ 13 Licensing terms for Microsoft products

Provided that in the following or preceding section the customer has selected a Microsoft software product (e.g. Windows Server, SQL Server etc.) for installation on his server, he must comply with the current provisions of the “Microsoft Service Provider Use Rights” (SPUR) and the “End User License Terms” (EULT) which apply within the context of the Microsoft “Service Provider License Agreement” to eSolPro / DataCenter Provider (hereinafter referred to as provider) if the customer is able to influence the use of the software or could infringe the provisions through use of the software. These provisions may be viewed at the following addresses at any time:


The customer thus agrees to comply with the corresponding provisions and is responsible for observing them correctly.
These provisions may result in only having restricted or even not having the possibility to use otherwise purchased licenses of the customer with the servers of the provider. The provider will supply a license for all customer orders of Microsoft software products considering the Microsoft Service Provider License Agreement. This license allows the monthly use of the Microsoft software product on the server and limits its utilization permission with regard to some aspects. The customer particularly must not use Microsoft products which require additional or other licenses according to SPUR or EULT. The customer is obligated to comply with all these provisions on his own and is liable for violations against this usage policy to the provider and Microsoft.

§ 14 Special terms for colocation-/housing-/bandwidth-offers

The following applies for colocation-/housing-/bandwidth-offers:
(1) The provider is obliged to enable a connection to the internet and a storing position for the server according to the respective product description.

(2) The provider does not provide any guarantee for hardware damage which can result, for example, from transport to the datacenter, back to the customer or during going concern.

(3) The provider grants the customer access to his server-system during the office-times published on the homepage of the provider in order to allow the customer to work on the server-system. This requires, however, a written request which has to be addressed to the support-department of the provider, at least 48 hours in advance. To access the server-system, the ID Card of the customer or a statement of authority signed by the customer is necessary. During the customer’s presence in the datacenter, the provider has to fulfill various duties of supervision and control. Since this requires the attendance of the provider’s personnel, costs of € 50.00 per started hour incur. With prior agreement, the provider can abstain from this at his sole discretion. If the appointment is not kept, the customer has to cancel it at least 2 hours in advance (if during office hours) or at least 12 hours in advance (if outside of office hours). If there is no cancellation within the stated time periods and the appointment is not kept, the customer will be billed for € 30.00.

(4) Reboots are provided for free by the provider at the customer’s request unless stated otherwise in the product description and unless the amount of reboots per month does not create disproportional effort.

(5) Other technical support services are not included with the offer. If the help of a technician is required, costs of € 25.00 per started 15 minutes incur.

(6) The provider guarantees the following specifications regarding the availability of peripherals (air conditioning, electricity):
– The data floor, on which the servers are located, is equipped with sufficient air conditioning and electricity
– The provider is responsible for correct and adequate maintenance of technical devices of the datafloor in order to guarantee going concern
– In case of an outage / non-availability of electricity, UPS or air conditioning, the provider will immediately, at the latest during the next working day, undertake all measures necessary to restore going concern.

(7) Claims resulting from operational outage of peripherals (air conditioning, electricity) can only be asserted in case of violation of the guarantees mentioned in clause 6 up to the monthly amount for the colocated server and only if the outage has been lasting for over 72 hours (continuously, without breaks). If financial losses are claimed, these have to be substantiated and will be redeemed after verification up to an amout of € 500.00.
In case of an bandwidth-outage such claims are only valid if the guarantees regarding bandwidth made in § 7 clause 1 are undercut.

(8) The provider does not assume liability for damage or loss of data.

(9) The customer is responsible that the colocated equipment is flawless so that no negative impact for other devices can emanate from it.

(10) The customer is liable for possible damages emanating from the server and is responsible for an adequate insurance.

(11) If the provider informs the customer immediately, at least one month in advance, that he has decided to move to a different location, each party has a special cancellation right and can cancel the performances specified in this contract that are provided in the location which will change using written form. The cancellation will come into effect on the day the location is about to change. Given that the provider has informed the customer accordingly and neither party has made use of their special cancellation right, the contract continues unchanged at the new location. This clause does not come into effect if the reason for the change of the location is an instant dismissal of the rental agreement between the provider and his lessor. In this case, only clause 12 applies.

(12) The customer is aware of the fact that the provider himself has to rent the datafloor. If this contract concerns the housing and bandwidth provided in the datacenter, the contract concerning this performance ends automatically at the point of time when the rental agreement between the provider and his lessor ends by means of an instant dismissal and the provider has been unable to find a suitable new location. The provider will inform the customer immediately. Other agreements remain untouched.

(13) If the server of the customer needs more electricity or space than specified in the rented offer, additional housing-modules need to be rented – when only noticed later, this change will be retroactive. The number and price of the required additional modules is specified on the homepage of the provider.

(14) The provider reserves the right to adjust the price for housing accordingly to an increase of rental- additional and electricity-expenses, under the following conditions:
– The customer is informed immediately about such a change.
– The increase takes place solely in order to pass the costs mentioned above and without any intention of enrichment
– The change takes place at the same point of time the increase takes place
– The customer has a special cancellation right for bandwidth and housing in the affected datacenter: He can cancel affected subscriptions within three months upon receipt of the message informing him about the change. This special cancellation right is valid during the mentioned three months-period. If it is not used, the contract continues under the adjusted conditions.

(15) The customer agrees to the fact that the provider opens the case of the colocated server and adds a ‘Web Resetter’ to the reset-pin of the mainboard. Using this device, the provider is able to restart the server of the customer at any time if the customer requests it. Furthermore, the customer is able to reboot the server himself using the aforementioned device if he orders the necessary upgrade. In case the server is returned to the customer, the provider will remove the ‘Web Resetter’ again.

(16) The customer is aware of and agrees to the fact that the provider publishes (Live-)video material and static pictures of his datacenter and that these videos/images might picture equipment or servers of the customer.

(17) If the customer is in delay of payment for any performance between him and the provider, the provider has the right to keep the server and/or equipment of the customer in his posession until payment is made in full.

(18) The customer grants the provider a lien on colocated servers and other equipment to back claims resulting from the contract between the provider and the customer. The lien only expires once all debt resulting from the contract between the provider and the customer has been paid and the contract has ended. Starting with the inception of treaty, the customer has to inform the provider immediately should the server not be or cease to be his property, be pledged or assigned. If the customer is entitled to other rights to the colocated server, especially expectant right, he assigns these to the provider in order to back debts resulting from the contract between the provider and the customer.

(19) The lien and the contractual lien can also be asserted for claims resulting from former services or other claims.

(20) If the provider excercises his lien, it shall suffice to send a written notice to the last known address of the customer. No further notice is required.

(21) Legal liens are unaffected by these terms.

(22) If the customer does not retrieve his server / other equipment within four weeks after the contract has ended, the provider will stock the items for a fee of € 10 per item and per month.

§ 15 Alteration of contract

The provider has the right to change the subject terms of this contract as long as the changes are reasonable, taking into account the interests of the provider. The agreement of the customer shall be given if he does not dissent within 4 weeks after receipt of the message informing him about the change. The provider is obliged to inform the customer about the repercussions of not dissenting within 4 weeks.n.

§ 16 Final provisions

(1) Amendments or additions to this contract are only valid if they have been agreed to in writing. This also applies to any amendment of this clause relating to written notification.
(2) All communications by the provider may be sent to the customer by electronic means. This also applies to invoices sent for services provided under the agreement.
(3) The customer may only set off claims against the provider if such claims are established as undisputed or legally binding.
(4) The provider is authorised to list the customer as a reference-customer without being obliged to pay a refund.
(5) All prices quoted are not binding unless they are confirmed contractually. Errors and omissions in our prices excepted.
(6) If any provision of this agreement is held to be invalid or becomes invalid or if there are omissions in the agreement that require rectification, the remaining provisions of the agreement shall remain in full force and effect. The invalid provision or omission shall be replaced by a provision which comes closest to the intention of both parties as would have been agreed by the parties had they knowledge of such issues in advance.

— eSolPro —

Class of Dedicated/ Cloud Service other than German Datacenter Network Availability Commitment
Dedicated Servers 99.95%
Public Cloud Instances 99.95%
Public Cloud Storage (object, block, archive) 99.95%
Hosted Private Cloud: Disaster Recovery 99.95%
Hosted Private Cloud:  Dedicated Cloud 99.95%
Hosted Private Cloud: Enterprise Dedicated Cloud 99.95%

Website / Software Design & Development Terms

  • Payment Obligations, Renewals, and Cancellations
  1. Website / Software Development Payment Obligations: A down payment is required in order to begin development of your website. This is usually 50% of the upfront design fee, unless an alternative contract or proposal specifies a different amount. The outstanding balance on your website is due after the design, navigation and pages have been approved and built. Final payment is due regardless of whether all content for the pages has been sent by the client. This provision is in place to encourage the client to get content submitted promptly so that their site can go live. It also ensures that eSolPro.com gets paid for performing their duty under the proposal, despite tardy content from the client. After payment, eSolPro will still post outstanding content AT NO CHARGE for 3 months. In the event an “under construction” page is posted due to missing content, eSolPro.com will post ONE copy of any text/pictures on existing pages only, for up to 3 months after publish date. After the three months have expired, content posted to site will be billable at our current regular hourly rate. In the event that design and navigation changes are requested after they have been specifically approved by the client, these changes will be billable at our current regular hourly rate.
  2. Website Development Cancellation: If site design and development work has already begun (such as creating a design concept), then the down payment is non-refundable. eSolPro.com my elect at its sole discretion to offer a partial refund depending upon the circumstances.
  3. Stock Photography Payment Obligations: Stock photography includes most photos and/or images not provided by the client. Stock photography purchased on behalf of client for use in website development is billable at a minimum of $10 per picture. This amount is separate from the amount quoted for website design and development. Some pictures are more expensive than $10, in which case we will solicit client approval and communicate the price before purchasing.
  4. Description of Ongoing Costs: There are 2 types of ongoing costs: domain registration and hosting.
  5. Domain name registration: This cost recurs annually. Domain name registration gives you exclusive rights to a certain name, such as www.mygroup.org, so that you can use it for your web-based purposes. You are NOT required to register a domain through us, but we strongly PREFER that you do. Many services are not honest in the way they sell names and we spend a lot of time helping people re-secure rights to the name they thought they had already purchased. If you have registered your own name, make sure you have yourself as the Registrant and Administrative Contact with a current, easily accessible email address. This will help to ensure that your domain can be renewed or transferred should the need arise. Domain name registration fees are not refundable.
  6. Hosting: This cost recurs annually. Hosting places the domain name on a particular server connected to the web, which allows you to post a website for viewing through a browser. You are NOT required to host through us, but we strongly PREFER that you do. Hosting comes with domain-based emails, bandwidth, storage space, database and security tools, and other features. Projects that involve custom programming must be hosted with eSolPro.com to ensure the programs that we write will work. If you want to host your site on another server this must be disclosed before we begin programming.
  7. Hosting Renewal Payment Obligations: Your hosting account will be automatically renewed under the same time and fee structure unless you give written notice to eSolPro.com fifteen (15) days before the renewal date that you do not wish to renew the account.
  8. Hosting Cancellation Payment Obligations: You may cancel at anytime. If you cancel before the first 30 days from the opening of your account, please refer to the details under “Limited 30-day Money Back Guarantee.” If you cancel after the first 30 days, you will be obligated to pay all fees and charges accrued prior to the effective date of the cancellation. eSolPro.com will refund the prepaid fees for basic hosting for the full months remaining after effective date of the cancellation, less any prior fees and charges, and an early cancellation fee of $25. Accounts that are terminated by eSolPro.com for abuse or violations of internet standards or these terms and conditions will not receive any refund. All cancellations must be received in writing according to the deadlines indicated: regular mail and e-mail are acceptable. Phone requests will not constitute acceptance of any cancellation. Refunds will be issued back to you within 10 business days from your cancellation date.
  9. Hosting Transfer Payment Obligations: If you wish to transfer your hosting to another provider eSolPro.com can, upon request, download your site onto a CD and mail it to you. The cost for this service $50 per copy. FTP access to your site is not available for transfer purposes.
  10. Limited 30-day Money Back Guarantee on Hosting: If you are not completely satisfied with our services within the first 30 days from the opening of the account, you will be given a refund on your hosting fee excluding setup fees and time accrued from setup date. If paid by credit card, refunds will be issued to the original credit card provided at the time of purchase. If your account has been cancelled by us due to a breach of the terms and conditions on your part, you will not be eligible for a refund. Domain name registration is non-refundable.
  11. Sites NOT Hosted by eSolPro.com: Should client decide to host their site on another server, eSolPro.com cannot guarantee the all elements of the site will work. eSolPro.com will make a reasonable effort to research the problem on the foreign platform to let the client know what we think the problem is. However, we cannot take responsibility for problems caused by or on another hosting server, including but not limited to email, FTP, SSL, database, server software, and site security issues. If eSolPro.com believes it will take a significant amount of time to fix the problem, we will advise the client before proceeding. In most cases, fixing problems on a foreign hosting server is billable.
  • Website Maintenance: There are no required maintenance fees other than domain registration and hosting. Most people do some work on their site every year, for which we offer several plans. We can make certain parts of the site updatable by you by implementing a custom Content Management System, or installing a blog. For work we do on the site after going live, we charge on an hourly basis. If you expect that maintenance will be a regular occurrence, you can buy a prepaid maintenance contract that affords a discounted hourly rate. If need be, we can customize a maintenance plan for your particular needs, but no plan is required.
  • Website Maintenance Payment Obligations: Depending upon the nature of the website changes, prepayment may be required. Should the client be invoiced after the changes are completed, the invoice is due upon reciept. If payment is not received within 30 days, the maintenance changes may be taken down until payment is received. After 60 days, there may also be a $35 reposting fee added to the outstanding maintenance invoice balance.
  • Failuar to Provide Required Contents or Information
    eSolPro.com is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge. If you agree to provide us with the required information and subsequently fail to do within project time line, the project will be considered as canceled on your part and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.Using our content management system you are able to keep your content up to date your self.