Terms and Conditions
These terms and conditions govern the manner in which we conduct our services with you, such as; Shared & dedicated webhosting, cloud hosting, Virtual server hosting (collectively, "Services").
Please take your time to read these terms and conditions, as browsing or purchasing on this website means that you have agreed to these terms.
By using this website, you guarantee that you have read, understood and agreed that: (1) you have the capacity to abide by this agreement and the authority to decide to this agreement, (2) you are bound to these terms and conditions, (3) you agree to comply with all local rules and laws.
If you do not agree to be bound by these terms and conditions, you cannot use this website.
When you use any Artfiles LLC Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Your Use of this Website
You may access the majority of the parts of this website without creating an account or registering with us using the requested information. However, some domains are specifically reserved for users who have registered with us by creating an account. The moment you browse any part of this website is a sign that you have fully accepted the terms and conditions that are set forth in this legal notice. In the event that you have not fully accepted all the terms and conditions set forth, you should stop using this website right away.
All content included in or made available through Artfiles LLC website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Artfiles LLC or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any our services is the exclusive property of Artfiles LLC and protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through our website are trademarks of Artfiles LLC in the U.S. and other countries. Our trademarks may not be used in connection with any product that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by Artfiles LLC that appear in any of our website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
License and Access
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Artfiles LLC or its content providers grant you a limited, non-exclusive, non-transferable, non sub licensable license to access and make personal and non-commercial use of the Services. This license does not include any resale or commercial use of our Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of our Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Artfiles LLC or its licensors, suppliers, publishers, rights holders, or other content providers. Artfiles LLC website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of us without express written consent.
If you use any of our Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
Customer's duties and obligations
1. Upon registration, the Customer shall be obligated to truthfully provide his/her key data (name, address, bank details etc.). Artfiles must be informed immediately of any changes.
2. The Customer shall be obligated to immediately inform Artfiles if the use of the Artfiles services is changing to an extent which would lead to the Customer falling into a different tariff stage, and would therefore lead to different costs.
3. The Customer shall be obligated to protect his/her personal passwords and login data against access by third parties.
4. Third parties may not use the Artfiles services instead of the Customer, neither directly nor indirectly, unless the third party is employed in the Customer's business or is a member of a permanent common household. In case of unauthorized access by third parties, the Customer shall be liable for any misuse up until the time when he/she requests Artfiles, either in writing or via telephone, to inactivate his/her access, unless the misuse is not within the Customer's scope of responsibility.
5. Commercial Customers are prohibited from pretending to be acting as private persons when using the Artfiles services.
6. The Customer is prohibited from violating third party rights or otherwise harassing third persons when using the Artfiles services. Misuse or illegal acts are prohibited. The Customer shall be obligated to act with utmost care when using the Artfiles services. Furthermore, the Customer must ensure the compliance with statutory requirements and official orders, if such are necessary at present or in the future for the participation in the Artfiles network.
7. The Customer is obligated to produce back-up copies, and to mark the content published on his/her internet pages as his/her own material.
8. The Customer is prohibited from publishing or sending material which violates applicable laws, particularly copyright law and criminal law, or is otherwise immoral. The Customer is also prohibited from referring to such material and to contents which violate laws or are immoral in the meaning of sentence 1, for instance by means of a link. It is particularly prohibited to use, disseminate, publish or otherwise make accessible the following content and material: material or content which illegally glorifies violence, is seditious or racist, propaganda material, emblems of unconstitutional parties or their substitute organizations or instructions for criminal acts, pornographic material or content, the object of which is the sexual abuse of minors or sexual practices involving animals.
9. The Customer is responsible for the material published and sent via Artfiles. Artfiles LLC reserves the right to take immediate actions if your content violates the terms of service or the law, including removal of content, termination of service, or involvement of authorities. In the event you violate the terms of service, we are not liable for any lost content, and we are not required to provide refunds or the restoration of the content.
10. The Customer is prohibited from sending e-mails to third parties who have not approved of this. An exception shall apply if such e-mails are sent within the framework of existing customer relations, assumed that the other legal requirements have been properly complied with. The aforesaid shall also apply for the sending of e-mails, particularly mass e-mails, in chats and internet forums.
11. The Customer must ensure that his/her presence (including all programmes, data banks etc.) does not impair other customers' presences or offers, the functionality of the Artfiles server, nor the stability, performance or availability of the server in any way. Particularly, a misuse of the Artfiles services is prohibited.
12. The Customer undertakes to immediately report to Artfiles breakdowns, defects and damages to the system, and to take all measures, which allow the determination of the defects or damages and their causes, or which facilitate and accelerate the elimination of the breakdown.
13. The Customer is obligated to immediately inform Artfiles in writing if claims are asserted against the Customer based on the violation of third party rights in connection with the utilization of the Artfiles services.
14. Artfiles will issue its invoices only in electronic versions unless otherwise agreed.
1. The Customer shall be obligated to reimburse Artfiles for all costs incurred for the examination, determination and elimination of such breakdowns, defects and damages for which the Customer is responsible.
2. The Customer shall be obligated to reimburse Artfiles for all expenses for material and personnel and for all other costs incurred by Artfiles due to the culpable violation of a duty as defined in § 5 above, as well as due to other culpable violations of the contract or other culpable acts.
3. The Customer shall furthermore be liable for all damages which Artfiles incurs due to a culpable violation of duties as defined above, or due to other abusive or illegal utilization of the Artfiles services, or which are caused by the Customer culpably failing to properly fulfil his/her obligations.
Breakdowns/ maintenance work
1. For the purposes of internet access and the internet presences, Artfiles operates a server system which is continuously monitored. Assumed the system operates properly, the Customer will have access at all times to the areas designated for him/her.
2. With regard to capacity limitations, the safety and integrity of the servers, or in order to carry out technical measures, Artfiles reserves the right to temporarily restrict its services. Artfiles undertakes to only carry out service restrictions if this is reasonable for the Customer, the interests of the Customer and of other information providers taking into consideration.
3. The Customer will be notified in adequate time prior to the discontinuation of operation of any foreseeable discontinuations of operation which are necessary in order to carry out preventive maintenance work or technical modifications.
Force majeure/ delays in performance
1. Artfiles shall not be liable for delays in delivery and performance caused by force majeure and by events which substantially impede the services for Artfiles or make the performance impossible - including, without limitation, strikes, lock-outs, official orders, breakdown of communication networks and gateways of other operators, disruptions in the area of the services assumed by the German postal service, Telekom etc., even if they occur with Artfiles' suppliers or sub-contractors or their sub-suppliers or sub-contractors. Such events entitle Artfiles to postpone the delivery or the service for the period of the hindrance, plus an adequate re-start time.
2. Should a hindrance, which is deemed to be substantial, continue to exist for a period of time, which is to be regarded as unreasonable, the Customer's and Artfiles' interests taking into consideration, the Customer shall have the right to either correspondingly reduce the monthly remuneration and fees which trace back to the advance booking of services which are dependent on the amount of data traffic (contingents), from the time the hindrance started, up until the next possible date for a termination, or to terminate the contract extraordinarily. A hindrance shall be deemed to be substantial:
- if the Customer, for reasons beyond his/her responsibility, can no longer access the Artfiles infrastructure, and is thus unable to use the services listed in the contract
- if, for reasons beyond the Customer's responsibility, the utilization of the Artfiles service as a whole is severely impeded, or if the utilization of individual services listed in the contract becomes impossible, or if similar restrictions exist.
Refunds and 14-Day Money-Back Guarantee
This section describes our refund policy and 14-Day Money-Back Guarantee. If you purchase a plan with a fourteen (14) day money-back guarantee and cancel during the first fourteen (14) days of your term, you may receive a full refund of all basic fees paid. If your plan included a free domain name and you cancel the Services, there is a non-refundable $16 domain fee. This fee not only covers our own costs, but you are welcome to keep the domain name and transfer it or point it to elsewhere
Billing and Payment
We offer a great range of Services to suit everyone's needs and at prices to suit everyone's pockets. The fees you pay are based on the plan you choose and any add-on products you purchase. All payments are taken, in advance, for the full term of your plan.
Fees Due. You will pay to Artfiles LLC all fees for the Services set forth in the registration form presented to you at the time you order the Services and for all fees for subsequent Renewal Periods at the time of renewal.
Price Increases. Artfiles LLC may increase the fees for the Services (i) in the manner permitted in the applicable description of the particular Services published by Artfiles LLC on the Artfiles LLC website or in a promotional offer (the "Service Description") and (ii) at any time on or after expiration of the Initial Term by providing thirty (30) days prior written notice to you. Written notice may be in the form of (i) notices and updates provided through the User billing tool provided as part of the Services, (ii) notices and updates otherwise provided through the Services, or (iii) notifications of pricing for renewal terms. It is your sole responsibility to periodically review billing-related information provided by Artfiles LLC r through the User billing tool or other methods of communications and notices sent or posted by Artfiles LLC.
Taxes. The advertised fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services provided hereunder. All such taxes may be added to Artfiles LLC invoices for the fees as separate charges to be paid by you. All fees are non-refundable when paid except as otherwise provided herein
Automatic Renewals. By purchasing the Services, you agree to allow Artfiles LLC to place your account on a recurring payment plan. The account will automatically be re-billed according to the term length of the Services you select. For Services with term lengths of three (3) months or longer, Artfiles LLC r shall provide notice of the upcoming charge to User no later than thirty (30) days prior to the payment date for each Renewal Period. This notification will be sent to the contact email address on file for the Account. Unless you disable the automatic renewal option, we will automatically renew the Services up to fifteen (15) days before your renewal date and will take payment from the payment method we have on file. Artfiles LLC may make multiple attempts to collect payment from the payment method on file if the initial attempt is not successful.
Failure to Pay. If you fail to pay the fees due, we may continue to attempt to collect payment from the payment method on file, suspend, and/or terminate your Services and pursue the collection costs incurred by Artfiles LLC, including without limitation, any arbitration and legal fees and Artfiles LLC 's reasonable attorneys' fees. If any check is returned for insufficient funds, Artfiles LLC may impose a minimum processing charge of $25.00 plus any applicable taxes. Accounts will not be activated or reactivated until all outstanding amounts are paid. We are not responsible for any deleted or lost User Content that results from any suspension or reactivation
Payment Card Industry Security Standard Disclaimer.
We comply with the Payment Card Industry Security Standard ("PCI Standard") in connection with the collection and processing of your data and billing information. However, you are solely responsible for the security of the data and billing information you collect on your User Website. We do not monitor User Websites for compliance and therefore we are not able to verify whether any User Website complies with the PCI Standard.
Parties other than Artfiles LLC may operate stores, provide services, or sell product on the sites. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Artfiles LLC does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Disclaimer of Warranties and Limitation of Liability
THE ARTFILES LLC SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR WEBSITE ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE OUR SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ARTFILES LLC DOES NOT WARRANT OUR SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR WEBSITE. OUR SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM ARTFILES LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OUR SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ARTFILES LLC, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of our Service, or to any products or services sold or distributed by us or through the sites will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any of our services you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state where Artfiles LLC is situated without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Artfiles LLC.
Modification and Severability
We reserve the right to make changes to the sites, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.