Hosting Terms and Conditions

Terms and Conditions for Carroll Computing V2

The following terms apply at Carroll Computing as of February 21st 2022 and replace any previous version of these terms and conditions.

1. Subscription

A Carroll Computing hosting subscription provides access to the use of Carroll Computing’s servers and may include a domain name, e-mail accounts and the right to set up a website. The amount of disk space, e-mail accounts and websites available depends on the type of subscription chosen.

In relationships between consumer and retailer, a right of withdrawal exists by which the customer has the right of withdrawing an order until 14 days after placing the order but domains are unique and web spaces are individually manufactured and customized for the domain. For a faster delivery of the product, Carroll Computing will usually begin the manufacturing and customizing of the product as soon as the order is received. By ordering, the customer accepts that any right of withdrawal will be dismissed as soon as Carroll Computing has started processing the ordered product.

1.1 Use

Subscribers are not permitted to store large amounts of data on the server for free download or reading without prior agreement with Carroll Computing.

Illegal material is not permitted on any of Carroll Computing’s servers, whether this be images, film clips, other types of files or link to unlawful photos or similar material. For example, unlawful material is, but not limited to, copyright protected material or other material you are not entitled to publish or store according to legislation. Nor is it permitted to store erotic, pornographic or other offensive material on servers owned by Carroll Computing, that jeopardises the stability or performance of Carroll Computing’s servers. It is entirely Carroll Computing’s decision to determine whether material belongs to one or more of the above categories, and the company reserves the right to delete any such material at any time without notice. In the event of such material being deleted the customer cannot advance any claim against Carroll Computing related to the deletion.

Traffic is basically unlimited. However, traffic must be normal in nature and not disrupt that of other customers. If a customer’s traffic disrupts that of others, Carroll Computing reserves the right to close the customer’s web space without notice and/or make a separate charge for the traffic. Carroll Computing reserves the absolute right to decide whether or not traffic is excessive. On closure of a web space, no refund will be made of any subscription paid in advance.

Unwanted (spam) mail must not be sent from Carroll Computing’s servers. In the event of transgression of this rule, Carroll Computing reserves the right to inform the relevant authority and submit log details etc. to that authority. Carroll Computing reserves the right to demand payment for time spent in relation to such information and its submission to the relevant authority.

1.2 Scripts

Carroll Computing provides unlimited access to standard scripts and the use of other scripts. However, the use of other scripts is only permitted as long as it does not burden the servers to an unreasonable degree.

1.3 Templates (web designs)

All templates placed at the disposal of customers by Carroll Computing remain the property of Carroll Computing regardless of whether individual templates have been modified or not. No templates placed at customers’ disposal by Carroll Computing may be distributed to others on either a commercial or non-commercial basis. All templates are provided with non-exclusive rights. In the event that Carroll Computing feels obliged to withdraw the right of use of a template, Carroll Computing cannot be held responsible for any loss (direct or indirect) on the part of the customer as a result of the withdrawal. Nor is Carroll Computing responsible for any errors or deficiencies of templates or access to them.

1.4 Operational reliability

Carroll Computing reserves the right to limit/reduce the usage of products if required for operational or security reasons. For reasons of operation and security, Carroll Computing also reserves the right to access customers’ user data. In such event, the staff of Carroll Computing will be subject to professional secrecy. All other access to user data requires the acceptance of the customer or a court order. Although the spam and virus filters placed at the disposal of customers minimise the risk of their receiving unwanted mails, Carroll Computing does not guarantee that customers will not receive unwanted mail.

1.5 Responsibility

The customer’s use of a Carroll Computing subscription is entirely at his/her own risk. Carroll Computing cannot be held responsible for the contents, including accuracy, lawfulness, completeness etc. of the information which the customer receives or sends via the Internet.

 Carroll Computing is liable in accordance with applicable law, subject to the following limitations:

 Carroll Computing’s responsibility does not include operating loss, loss of data, loss of profit, loss of goodwill or any other indirect loss that the customer suffers as a result of Carroll Computing’s or third party’s products.

Carroll Computing is not liable for losses resulting from interruptions, disturbances or changes that Carroll Computing deemed necessary for technical, maintenance and operational reasons or required by the authorities, unless Carroll Computing has neglected to limit the resulting inconveniences.

Carroll Computing is not liable for any loss or damage caused by the customer’s own IT environment or caused by the customer or by third parties.

 Carroll Computing is not liable for any loss or damage caused by a force majeure event.

 Carroll Computing is not liable for services delivered by third-parties where Carroll Computing acts as an intermediary.

 In all cases, regardless of the cause, Carroll Computing’s total liability for loss or damage is limited to the amount paid by the customer to Carroll Computing in the year in which the loss or damage occurred.

1.6 Cancellation of subscriptions

A subscription can be cancelled at any time by the customer.

A customer may initiate cancellation of a subscription by emailing Carroll Computing directly. A cancellation email with instructions will then be sent to the web space contact email address. The customer must follow the instructions in the email to complete the cancellation. When the subscription is cancelled, confirmation will be sent.

When Carroll Computing has received a cancellation, the customer will automatically be given a notice of receipt. The customer will also receive a notice of receipt via e-mail regarding the cancellation from Carroll Computing. If the customer cannot see any such receipt from Carroll Computing within eight days he or she must send a new cancellation. If Carroll Computing chooses to terminate specific subscription types or special services, Carroll Computing may cancel a subscription with one month’s notice. In such circumstances, the unused portion of any advance payment will as an exception be refunded. If Carroll Computing makes significant changes which depreciate the Terms and Conditions, customers shall be entitled to cancel their subscriptions with one month’s notice. The unused portion of any advance payment will also, as an exception, be refunded. The subscription must in no way be used to gain unauthorised access to systems connected to the Internet. If any such activities or criminal acts come to the notice of Carroll Computing, regardless of the country the laws of which underlie the violation, the subscription will be immediately terminated and Carroll Computing reserves the right to pass on all relevant information to the relevant authorities. Carroll Computing also has the right to annul a subscription without notice with immediate effect and without compensation or reimbursement of any kind if the customer does not abide by these Terms and Conditions, if a party wastes or abuses resources available on the Internet, disrupts the functionality of the Internet, infringes netiquette valid at any given moment, e.g. by passing on information about other people’s private affairs or in other ways inconveniencing other users of the Internet. Data from homepages and mail systems will generally be deleted seven days after termination of a subscription.

2. Domains

Domain names are registered in the customer’s own name and at the request of the customer. In this respect, Carroll Computing acts as an intermediary. Carroll Computing will inform the customer when the registration of the domain name has taken place. Carroll Computing assumes no responsibilities for the domain name if it is transferred or cancelled, or if the web space is deleted.

The domain name will be “registered with” / “transferred to” Carroll Computing’s partners. These may be with domain registrars or directly with the individual domain administrator. At the end of each subscription period the customer will receive an invoice from the relevant domain provider for the annual domain fee, unless otherwise stated. This applies regardless of whether the domain is pointed to DNS servers at Carroll Computing or someplace else.

It is the customer’s own responsibility to keep Carroll Computing and domain authorities updated regarding changes of address or other contact information.

3. Special conditions for products and services

3.1 Add-on products

Carroll Computing provides its customers with the ability to purchase products and services (add-on products) in addition to their web hosting subscription.

 Current Carroll Computing add-on products are Premium Mail, Online Shop, Website Builder Premium, and Backup & Restore.

Certain add-on products may not be available to all customers.

3.2 Add-on product orders

 When ordering the add-on product, the customer will have the option to pay with credit card, PayPal or another realtime payment method.

On the first invoice the customer will be billed for the amount of months remaining until the annual renewal of the customer’s web space subscription. If an invoice for the customer’s web space subscription has already been issued, the customer will be billed for the period until the next annual renewal.

3.3 Add-on product subscription

After the initial period the customer’s add-on product subscription will follow the customer’s normal web space subscription. After the initial period the billing period is annual.

The current product prices can be found on the Carroll Computing website www.Carroll Computing.

3.4 Add-on product cancellation

The customer may cancel the product subscription until 30 days before the next subscription period.

The customer may cancel a subscription from the control panel of the web space.

If the customer cancels the web space subscription on which the add-on product subscription is linked, the add-on product subscription will automatically be cancelled to the same date.

3.5 Add-on products from third parties

Carroll Computing provides its customers with the ability to order certain third-party services. Customers of Carroll Computing are bound by the conditions of such third party services and should make themselves familiar with their terms and conditions.

Carroll Computing may stop providing the third party products and services or any updates thereto at any time without notice or any further liability to its customers.

Certain add-on products may not be available to all customers.

Carroll Computing acts as an intermediary and is not responsible for any damages, losses or expenses due to the use of thirdparty products.

4. General

Subscribers to Carroll Computing’s products must be minimum 18 years of age.

4.1 Product & Privacy Policy

When subscribing to our services you are also bound by our Privacy Policy – Carroll Computing

4.2 Using Carroll Computing as a data processor

If you store personal data on our servers, Carroll Computing will be acting as data processor for this information. As our customer, you are the data controller for this data and will be bound by the Data Processor Agreement with us.

4.3 Contact

Questions regarding support, sales and accounting are answered during business hours via online chat and e-mail within 24 hours, as far as this is possible.

4.4 Address information

Customers are required to inform Carroll Computing of their current place of residence and email address. This is to be done via direct email, from which address information can be changed.

4.5 Payment of subscriptions

Web space subscriptions are paid – regardless of subscription type – in advance for a period of 12 months. Payment in advance will not be refunded unless otherwise expressly stately elsewhere in these Terms and Conditions.

4.6 Terms of payment

All payments made online by the customer using Dankort, Eurocard, MasterCard, VISA, VISA Electron or JCB are free of any charges levied by Carroll Computing. When sending an invoice by mail, Carroll Computing reserves the right to charge a fee covering the costs. Carroll Computing’s products/services are specially adapted to the customer’s requirements, who in return does not have the right to annul the contract. Terms of payment are without exception eight days in cash, unless special agreement has been reached. If the customer has not paid the amount due within ten days of the date of payment, customer order will be rejected and Carroll Computing retain the right to refuse later subscription requests. Computing reserves the right to transfer claims to a third party, who might get in touch via e-mail. Carroll Computing can also annul the contract and delete the customer’s domain/close the customer’s web space with immediate effect on late payment should it so choose.

When refunding any payment, Carroll Computing reserves the right to debit an amount covering the bank-fees and administration costs concerning the refund.

4.7 Duration of subscription

A subscription is active until it is cancelled by one of the parties involved in pursuance of the above conditions.

4.8 Changes to subscriptions

A web space subscription can be changed to a higher-priced subscription type at any time. Any subscription fee already paid will be deducted from the price of the new subscription. Changes to a lower-priced subscription type can only be effected from the end of a subscription period, and only if the customer has given notice of this at least 60 days before the expiry of the current subscription period.

4.9 Transfer

In connection with the sale or other transfer of all or significant portions of Carroll Computing’s activities or assets, Carroll Computing has the right wholly or partly to transfer to a third party the customer’s subscription(s), as well as Carroll Computing’s rights and obligations according to the Terms and Conditions without the customer’s consent.

4.10 Changes in conditions Carroll Computing’s sales and delivery conditions can be changed at 45 days’ notice.

4.11 Third party malfunctions and force majeure

Apart the above, Carroll Computing cannot be held liable for damages when interruptions, malfunctions, damage etc. is out of Carroll Computing’s control. This includes lightning, flooding, fire, war, acts of terror, industrial action and lockouts (including among Carroll Computing’s own staff), overloading of the Internet, malfunctions in other networks, third party malfunctions, system breakdowns, or other form of force majeure.