General Terms of Service and Subscription on 4host.ch
1.1. The following general conditions govern the legal relations between Roberto Santin’s 4Host subsequently named “supplier”.
2. Prices and payment methods for the services offered
2.1. Prices are updated by the supplier directly online on the website. we reserve the right their modification at any time.
2.2. Upon confirmation of a new order, the published price will be valid for payment.As long as the plan does not undergo an upgrade or downgrade, the price is valid for the years to come.
2.3. Only for new orders, if payment is not recieved within 30/40 days, they will be deleted without any notice.If the customer makes a payment, partial or complete, after the deletion of the order, the amount will not be lost, it will be deposited on the customer account and will be available for any purchase on our website.
2.4. Any payments in excess, for whatever reason, will be deposited on the customer account.The deposited amounts can not be refunded, but they will be available for any purchase on our website.
2.5. The supplier forwards the invoice to customer, respectively, for a hosting service, 90 days before the expiry date, while for domain names, 30 days before the expiry date. The customer, to renew the services will have to pay the invoice before the expiry date (the invoice is sent according to the selected mode at the purchase time). The 90-day period, allows the customer to submit the eventual cancellation of service within the expected time limits.
2.6. The domain names purchased without a hosting plan, are always billed via e-mail, is possible to request the phisical invoice with postal payment coupon . This additional service must be requested after purchasing a domain name, otherwise the invoice will be delivered only via e-mail. Alternatively, to recieve a single invoice, the customer can ask for the incorporation of the domain name to the hosting plan invoice.
2.7. The provider may charge additional costs on bank/postal payment transactions (by. Fr. 1.50 up to CHF 20 according to the institute), in the case the customer, wishing to use these payment methods, has not expressly requested it in the order, by selecting the right option. Please note that in this case, the mode of payment will be automatically changed for next payments.For these fees, resulting by a customer mistake, the supplier may submit separate invoice, or include them in a later billing.
2.8. In the case of unpaid services, the supplier reserves the right to suspend the supply. The first reminder is free and if the service is active with postal payment coupon option, it will be sent for free by e-mail (about 90 days before the expiry of the service), the second time (first payment reminder) by e-mail, after 15 days after the expiry date, and the third time (second payment reminder) by letter with additional administrative expenses of CHF 5.- . The third and last reminder will be forwarded to the customer by post at 40-60 days from the expiry date, with additional administrative costs of CHF 10.- with formal payment and injuction notice.
2.9. For any most lasting missed payment, the supplier will claim the payment by writ of execution. In this case the customer will be formally warned to pay and the service will be suspended permanently. The supplier reserves the right to charge additional fees for the collection of its credit, and act in the appropriate fora.
2.10. The supplier will avoid, where possible, any kind of legal action, and will always seek a dialogue, even by telephone, to resolve any issues directly with the customer, but if he does not cooperate or will not respond, the supplier reserves the right of legal action.
3. Start and duration of the contract of service
3.1. The order is valid from the confirmation, sent by the electronic system (order form) on www.4host.ch, the system will record IP, processor, operating system and browser of the computer from which the order is placed. In case of legal disagreements this information will be used to confirm registration and resulting subscription of contract, regulated by the terms and conditions on this page.
3.2. Customer data can be viewed in the user area on www.4host.ch, you can find also the subscription date, which is the starting date of the contract with the supplier. It must be always intended as annual. The supplier has no monthly contracts or other kinds of contracts, different from the annual. Except for services billed only once, that are not linked to an annual cycle.
3.3. The electronic online system (order form) available at www.4host.ch implies that the customer agrees these Terms of Service and subscription, this is mandatory to buy any of our service.
3.4. The contract for a hosting plan or domain name, always have a minimum duration of one year. For some hosting services is possible to make a payment by installments, even in this case, is understood that the duration of the contract is one year.
4. Activation conditions, contract renewal and termination of service/s
4.1. The electronic online system (order form) available at www.4host.ch implies that the customer agrees these Terms of Service and subscription, this is mandatory to buy any of our services.
4.2. The purchased service/s, will be activated only after we recieve the payment. In case of payment by bank/postal transfer, the service will be activated only after we effectively check the payment. In order to anticipate the activation, you can forward at an official document issued by a bank/postal institution, as proof of payment, so we can activate the service before the effective check. The supplier will not accept, in any way, orders with not confirmed payment.
4.3. Each domain name or hosting service, available at www.4host.ch, has a minimum validity of one year.
4.4. If you have erroneously purchased a service on www.4host.ch, you must immediately notify the supplier about the mistake, especially if it’s a domain name, usually prior to the bank transfer or payment via credit card or Paypal. After the payment the supplier will not be able to make name, date or any changes, to any service already activated/purchased.
4.5. The system at www.4host.ch implies that any domain name is billed 30 days before the expiry date.
4.6. When you buy a domain name only, the invoice is sent only by e-mail. If the customer wants a paper invoice, is possible to buy at www.4host.ch the additional service “Invoice with payment by mail coupon“, specifying the domain name for which the invoice is requested (in the case of only one domain name). If the customer has multiple domain names and the dates do not match, in order to receive a paper invoice by mail, he must request the additional service for each domain. Exceptionally, the single invoice may be requested, if many domain names are purchased on the same day and have the same date of registration. Only in this case it is possible to incorporate several domain names in a single invoice.Only for domain names that are part of an “all inclusive” service (for example: hosting with 1 domain name included) or a dedicated hosting (also with 1 domain name included) or the reseller/dealer (also in this case with one or more domain names included), if the “Invoice with payment coupon by mail” option is selected, the domain name will be included, and does not require an additional service.
4.7. The customer is no longer obliged to announce the cancellation for a domain name or even by registered mail, it is always possible for the customer within domains> my domains, selecting the domain in an unwritten part to remove the “automatic billing” directly in the customer area for the domain name that the customer no longer wants to renew and therefore no longer receive the invoice. In practice, the domain name will be left to expire. It will no longer be possible to renew the domain if the period for this operation has been exceeded. However, it will be possible to recover (restore) the domain if it enters the quarantine period (which can last from 15 to 60 days depending on the type of domain) if you wish to recover/restore it.
4.8. The contracts for hosting services or domain names have an annual expiration, and are automatically and silently renewed. Unless the customer requests an earlier termination, or it’s a service billed just one time.
4.9. The contract is automatically and silently renewed every year. The termination request must be submitted at least 30 days before the annual expiration date, by accessing the customer area, as described on www.4host.ch kwonledge base at this link: https://www.4host.ch/clienti/knowledgebase.php?action=displayarticle&id=39 You can send the notice of termination from your account, and 4host gladly provide support in order to do it without additional/high costs or by sending a certified mail to “4Host Roberto di Santin, Via Ernesto Quadri 5, 6947 Vaglio”. We will not accept requests submitted after the deadline. 4Host transmits invoices to their customers well in advance (90 days before the expiry date), this grants the possibility to make the termination of service within the time limits.
4.10. For security and privacy reasons, termination of services are allowed only online (from customer’s account) by the customer itself or by contacts that have permissions for the online management of services. Only in exceptional cases we accept the cancellation in other forms. In no case we accept terminations of services by email to or or any other email, because this method may cause unauthorized cancellations. For this reasons, we allow the termination only online by following this procedure:https://www.4host.ch/clienti/knowledgebase/39/DisdireorDare-la-disdetta-di-un-determinato-servizio-o-nome-a-dominio-come-procedere.html?language=englishor by certified mail at the company address, always available at this link: https://www.4host.ch/en/contact-us/
4.11. The supplier reserves the right to terminate the service immediately when one or more regulations in this agreement are not respected.
4.12. The supplier reserves the right to contact the customer for questions regarding the renewal of services, in order to avoid abuses and costs in case of non-termination. For this reason 4host reserves the right to ask to the customer, when a transfer code for a domain name is requested, if he also wants to terminate the web space service (hosting) or any associated service.The supplier reserves the right to retain the transfer code, until the customer does not confirm its intentions regarding the web space and will provide the necessary information so the customer can properly give notice of termination even online (from customer’s account) and without sending a certified mail. 4host reserves the right to retain the authorization code (EPP) until the customer has not completed all the necessary steps, liker the termination of any related service.
4.13. Once the contract has been confirmed by e-mail (the customer has received the data for the management of its web space), even after early termination, the supplier reserves the right to retain any amounts arising from periods of service unused by the customer, since the supplier has already issued and made available the service for the customer, employed resources and energy to maintain the service in excellence state.
4.14. If the customer, in any case, assume unpleasant, offensive or threatening behavior, the supplier may suspend, or, in severe cases, terminate the contract and therefore also cancel the service. In no case the customer may claim damages arising from termination of any service caused by these outrageous, offensive or threatening behavior. 4host.ch will do everything to avoid this measure, which is usually taken only against customers who have had particularly severe behaviors. We will attempt to pass over to unpleasant, but still acceptable situations, the termination will be evaluated only in very severe situations.
5. 4Host Performances
5.1. 4Host prepares for the customer, the space on a server connected to the Internet and the customer is free to use them for his purposes.
5.2. 4Host undertakes to prepare the requested service and support the customer in the best way for the whole duration of the contract period.
5.3. The domain names “.ch” and “.li”, when transferred, will not be renewed for a further year. For all other domain names, there is an extra year included with the transfer.
5.4. On request, the customer can make registrations and/or activations via 4Host, which will ensure the correct setting of all that concerns the registration of the domain name. The order of the domain name should be made by the customer on www.4host.ch . If the domain name is registered with a different “registrar”, is possible to indicate 4Host as technical contact, in order to correctly point your domain to your web space ordered from www.4host.ch website. There is also the possibility to send the access data for a domain name to , so that 4Host can point correctly the hosting service chosen by the customer.
5.5. Once a service is confirmed and registered, the customer is responsible for the update of his personal data, directly from the customer’s account. In no case 4host make changes for the customer, except in special cases or if the system is not working. The supplier can not be responsible for the mismanagement of customer’s personal data related to a domain name.4host is only responsible for the correct operation of the system for the online management, which must remain accessible to the customer. 4host can not be considered responsible if the customer uses non-compliant or not properly configured navigation software for use with our website.
5.6. The supplier registers the domain names in “private” mode so that the customer’s name does not appear in the “whois database”, it will show the name : “4Host – Roberto Santin”. This service is available only for domain names registered at www.4host.ch and is available only if you have already registered a domain name with 4Host.ch or during the registration of a new domain name.
5.7. The customer can request the transfer of a domain name if payments are in regular status, and within the terms described at point 4 of these general conditions. The transfer authorization code, can be requested at any time at or through a support request (ticketing system) from the customer’s account directly at www.4host.ch , the code will be forwarded to the customer’s contact email.
5.8. Any changes relating to the domain user, contact of the holder, technical or administrative contact, or invoice header must be carried out by the customer online in the customer area as per this document: https://www.4host.ch/clienti/knowledgebase/51/Come-modificare-i-dati-nel-whois-qualora-cedessi-il-dominio-a-terzi-oppure-se-si-desidera-modificare-i-dati-attuali.html?language=english
5.9. 4Host makes settings for the customer that concern only domain names and hosting, but will not deal with the websites of the customers, unless specified with a separate contract and are not covered by these general conditions of service..
5.10. 4Host can on request of the customer install any version of CMS on the web spaces already held on www.4host.ch of customers and these are invoiced only once per installation.
5.11. On www.4host.ch there is a ticketing system for which it is possible to make pertinent requests to the technical service regarding hosting or domain names. it is also possible for the customer to automatically open the ticket by writing to describing as accurately as possible the type of problem encountered, otherwise the supplier will not be able to guarantee its resolution, therefore he cannot be held responsible for failure to solve problems with poor and/or incorrect communication.
5.12. 4Host has published two spaces for frequently asked questions in a very distinct and visible way for the client:
5.12.1. The first is found in the section titled “frequently asked questions” visible in the left menu directly on the website of www.4host.ch.
5.12.2. The second is located inside the client area in the section of the horizontal menu named “Customer area”, then after a correct login you can completely view the contents that remain accessible only to members of any service on 4host.ch which the customer has completed the registration.
5.13. On the website www.4host.ch it is possible to consult the opening times with the relative contact details. 4Host will try to give answers to technical questions within 24 working hours (within a maximum of 3 days), but in 99.9% of cases it responds within 4 working hours. It will give higher priority to e-mails sent to (only for customers with already at least one subscription) and on (for information and for all the people who need information on services) in priority time compared to customers who send e-mails to (channel used for general information), e-mail that has the lowest priority compared to the first two.
5.14. 4Host has services for backing up customer data and these take place daily, weekly and monthly, and every month a copy is kept for up to about 3 months. 4Host at the customer’s request will provide the dates for which the customer can decide to request a copy in a compressed format. The restore (or restoration) of the data can be carried out exclusively by 4Host at the price indicated directly on the website and this restoration includes the entire website (published in / public_html), e-mails, cpanel settings, and the rest that has been configured in cPanel. The restoration must be requested by the client himself directly on the website of www.4host.ch. 4Host guarantees the monthly copies of customer data, while for the copies of the day before or the week before in case of disaster 4Host cannot be held responsible for failure to deliver the copy, especially in the case of a catastrophe involving a vast European territory. Even in the case of a service suspended in cpanel due to non-payment or due to a suspension caused by the installation by the customer of software not permitted on the hosting plan and where, due to this, the & ecirc; been suspended, it cannot guarantee the backups and therefore also the recovery during the entire duration of the suspension.
5.15. 4host provides dedicated hosting and reseller plans where for these plans can make customizations on php and on some settings regarding security. Only through these plans and having separate ip 4host will be able to apply suitable changes and in any case to obtain a very high security even for these plans.
5.16. 4Host provides a certified mail service (also called digital ID) provided by Verisign (company Leader of the sector) to the costs on the website www.4host.ch, this service can be registered for more e-mails, but it must be requested individually for each e-mail on which it is intended to have a digital signature.
5.17. 4Host guarantees the customer a minimum of 99.996% (approx. 9 hours maximum absence/year) of online presence of its web services provided to its customers over the course of a year, even if 99.999% services are normally available (approx. 2 hours maximum absence/year) of online presence.
5.18. 4Host provides various additional services and these can be activated online at the time of payment by the customer. For some services 4Host will be able to set the additional service purchased on behalf of the customer and in any case these services can be managed independently.
5.19. 4Host is not required to manage the customer’s service or provide assistance for operations that the customer is able to perform independently as the management is the sole responsibility of the customer. 4Host however supports the customer where the service or domain names present problems not generated / caused by the client.
5.20. 4Host can help the client set php directives or webserver directives and / or scripts, only if these directives are not of potential risk on the security of the system and/or network infrastructure where the 4Host servers are connected. 4Host will not make any changes if a customer requests a directive that could seriously endanger the entire server. 4Host reserves the right to modify the php directives or to make updates to the php and mysql versions necessary to guarantee maximum security to each customer.
5.21. 4Host allows the registration of domain names of many extensions. All these extensions are subject to our Registrar and are regulated by the institution: ICANN. Any dispute regarding domain names must be resolved with the direct customer who has purchased the domain name (also called registrant) or on https://www.icann.org/en/help/ombudsman . Under no circumstances will 4Host mediate between the domain name holder and the registrar. If a customer has violated International, National or ICANN laws, he is personally responsible for them. 4Host is not liable for damage caused to third parties regarding registrations or contraventions of one or more laws made by one of our customers as 4host is in charge of providing the registration service.
5.22. 4Host allows the registration of domain names in the name of the same 4Host by Roberto Santin to protect the customer from SPAM activities (sent by third-party companies). Also in this case 4Host is not responsible if the final customer has committed illegality towards third parties and in cases of suspected illegality, 4Host reserves the right to remove the whois protection if there is a reasonable suspicion of illegality until the client has not verified or settled the legal issues of a possible dispute. In no case will 4Host be held responsible for a voluntary or involuntary illegality committed by the customer.
5.23. 4host allows to retrieve a given domain name from the quarantine / redemption period (the quarantine / redemption is the period for which the domain falls if it is not paid / paid by the due date or also called renewal date) if had exceeded the expiry date for a fee that is decided and established according to our registrar and where the amount of this tax is provided from time to time and in real time (a precise price list will be made and partially is already available on: https://www.4host.ch/clienti/domainpricelist.php ) and that it will be completed soon, but for precise information you can always contact us by email, phone, chat, skype and you will be given precise information and on time. 4host.ch reserves the right to collect this tax if a domain name has exceeded the expiry date if it has not been paid. 4host will also have the right not to release the domain of free registration to the public if a renewal is due, while the payment of the quarantine / redemption fee is not mandatory by the customer.
5.24. 4host provides a dedicated hosting service and reseller (reseller) where on these plans it is possible for the customer to request the exclusion of the protection from IP blacklisted internationally (IPs that are present as malicious in https://www.dnsbl.info ) and that allow navigation also by hotsposts (hotels, bars, restaurants, public places in general) that are usually used by hackers and criminals to carry out cyber attacks. For these plans 4host also provides the ability to customize php for the needs of a given website, as long as the requests do not endanger the server itself. 4host will always do its best to grant these changes and make them active for the customer. This entails greater responsibility for the customer should damage occur to third parties. 4host cannot be held responsible if abuses or damages to third parties deriving from such requests occur.
5.25. All hosting plans aside from the business and reseller hosting plans may have installed a large number of CMSs, but they may not have installed CMS / scripts too complex like e-commerce or CRM eg: magento, prestashop, vtiger, etc … As these large portals are not perfectly adaptable to other hosting plans we provide. 4host reserves the right to delete cms, CRMs that are too large and not allowed on all hosting plans (they are only allowed on dedicated or reseller hosting). 4host asks the customer to make an upgrade if there are needs to operate on large CMSs and then on large e-commerce or CRMs that also need special settings.
5.26. Dangerous scripts or backup scripts (even backup plugins) can be automatically deleted by our control or by our routine scripts that automatically and daily check if these scripts are installed on any existing hosting plan. It is also not allowed to upload to the server backup files of entire websites even manually, please keep your backup copies deposited on your computer locally and not on the server. 4host reserves the right to delete any backup copy present on the customer’s hosting space without further notice.
5.27. 4host provides free SSL certificates provided by cPanel or Let’s Encrypt that can be fully managed by the end customer and can be used on any hosting plan. Finally, the customer is free to install any SSL certificate provided by third parties or purchased on https://www.4host.ch.
5.28. 4host provides the customer with the Symantec digital ID certificate to have certified email where he can certify his email with this international service. This certification does not declare the exact person, however it allows the sending of validated and encrypted emails.
6. Responsibility of the customer
6.1. The customer is fully responsible for the contents he presents on the Internet.
6.2. The customer is responsible for informing and keeping his information up to date on www.4host.ch ex: telephone numbers, residential/business address, e-mail.
6.3. For illegal and non-legal content as well as 4Host itself, fines imposed by third parties will be charged directly to the customer.
6.4. The contents and uses that are strictly prohibited within the Web Server are listed below: Erotic, pornographic, racist content, or any content that goes against international and Swiss laws such as video, audio, images, content and links to one of these.
6.4.1. Mass distribution of e-mails (spamming). Any use that could endanger the stability of the server itself.
6.4.2. Distribution of software or any type of file that has copyright and that free distribution is not explicitly allowede.
6.4.3. Information that could disparage third parties.
6.4.4. Storage or preparation of virus programs that can endanger third-party computers.
6.4.5. Games of chance not permitted for fraud purposes.
6.5. The customer is responsible for uploading data to the server.
6.6. For security copies, the customer can make backup copies himself, but 4Host has advanced mechanisms that give the customer a guarantee of these backups except in the event of a catastrophe (described in greater detail at point number 5.14).
6.7. The customer is responsible for any expense incurred by 4Host, where the use of the Web Server by the same may have caused damage to third parties. In addition, in such a case 4Host reserves the right to keep the customer’s Web Server out of service, until it has regulated its position according to the law and until it has paid any costs to its charge.
6.8. The customer is responsible for correctly communicating the cancellation to a specific hosting service or other existing services, except for domain names, through the customer area or also by registered letter to 4host by Roberto Santin according to the rules in this document at point number 4. The customer is liable for failure to notify termination of one or more services.
6.9. The customer is responsible for his personal data and for logging in to the service (s) he has registered on www.4host.ch and has at any time the ability to request data for su system access www.4host.ch (Customer Login) directly online, these credentials will not be sent by opening a ticket, in chat or on the phone! The customer is responsible for resetting his password online only, password resets are not accepted except in cases of extreme necessity that will be individually assessed. Failure to update the e-mail addresses of the owner (administrator or holder) of the service or contacts that are present online in the 4host.ch customer area where the customer has the responsibility and duty to make the necessary changes or if he has made any change that prevents 4host from correctly receiving information from the customer, the latter will assume full responsibility for any problem resulting from a lack of information. The customer can modify / adapt this information directly online within the customer area. Exclusively in extreme and exceptional cases (death of the owner, bankruptcy, change of country) can be given by telephone, chat, skype and with any means of communication present on www.4host.ch the changes, which only after careful control 4host will be able to accept, otherwise 4Host will not accept any excuse and any impediment caused by bad management by the customer will be the sole responsibility of the customer himself and 4host cannot be held liable in any way for failure communication.
6.10. The supplier will update the areas in charge of frequently asked questions. The customer is invited to note, in addition to the communications that 4host forwards via e-mail, also the site containing this information: both from the main site on www.4host.ch where the two sections are present, previously described in point 5 of this document. The service is offered for the benefit of the customer, who can find the answers for the correct setting of the services independently. The supplier cannot be held responsible for problems deriving from installations carried out by the customer, which do not correspond to what is present in the recommended documentation or for any malfunctions caused by configurations carried out by the customer and not compliant with the suggestions/dictates of the supplier.
6.11. In general, the customer is responsible for making changes to the plan (upgrade/downgrade, or the transition to a more or less capacious service) before the invoice for that service is issued (ie 90 days before expiry). These changes can be requested on www.4host.ch within the customer area > the question archive explains how to proceed.
6.13. Fixed streaming connections are not permitted. However, the & ldquo; cron jobs & rdquo; also called scheduler at not too regular intervals (about every 5 minutes) and with scripts that do not penalize the webservers too much, otherwise they will be canceled even without warning.
6.14. It is strictly forbidden to publish scripts with permissions set to 777 (both public and private group permissions for reading and execution). 4Host may delete files with these permissions or modify their properties at any time and without notice.
6.15. For each hosting plan a certain quantity of e-mails is guaranteed and for the stability of the server itself these are limited from 100 up to 1200 e-mails per hour, according to the type of hosting plan purchased by the customer. The customer is fully responsible and accepts these limitations imposed by the supplier as they guarantee the quality of the service for each individual customer.
6.16. The customer is responsible for keeping his scripts up to date so that they are not modified by third parties (potential hackers) for the content he presents online. This content can be presented through CMS Joomla, WordPress, Magento, Typo3, Oscommerce, Concrete5 etc. The customer is also responsible for keeping scripts, plugins, modules and all files (scripts) containing programming code up to date (eg: .php, .asp, .aspx, .js etc. & hellip;) and in any case any programming code whose content can potentially allow third parties to penetrate their web space (hosting) and modify their contents for various criminal purposes such as fishing, mailbombing, scam and all activities that can harm third parties, companies and companies online. The supplier will in no case be held responsible if the customer had not taken the necessary measures and prevent his website from being modified and / or attacked by third parties for criminal purposes.
6.17. The customer will accept any security policy regarding 4Host, as the supplier will always be interested in the largest number of users and will guarantee a very high security standard. In no case will the customer be able to claim compensation or anything else because he will be forced to modify his scripts, and under no circumstances will 4Host be held responsible for direct or indirect consequences on updates and / or changes to the php, mysql directives, which will be always performed to guarantee a very high safety standard for all customers. The customer will assume all the responsibilities and costs deriving from updating his script files contained in the space made available by the supplier.
6.18. The customer is responsible for registering domain names and content that he publishes on these domain names. it is also responsible for the personal data published on the internet (contact of the registrant and c & hellip;). In no event will the supplier be liable for any infringement of ICANN or National International rights. It is up to the customer to verify his position to be regular with all applicable laws. The supplier may at any time suspend the customer’s service if there are suspicions of illegality and until the customer has regulated his position.
6.19. The customer is responsible for making payments on time and at least one day in advance (for example, if he chooses to pay by bank transfer a domain that expires on 15.03.2016, it is desirable that he send the transfer at least on 10 March 2016 to arrive within the 14.03.2016> 1 day before), otherwise the supplier cannot be held responsible if the domain falls in the quarantine period, and email, site, webdisk, ftp, webmail remain unreachable. The supplier will also not be held responsible for the suspension of the service, if the customer makes the payment beyond the term of two weeks from the expiry date.
6.20. The customer is responsible for checking his client area and verifying that the dates and deadlines are in compliance. It is also responsible for setting cancellations of any hosting service or additional service or domain name within the customer area. The supplier cannot be held responsible for a failed setting.
6.21. The customer assumes all responsibility if he has left the management of his customer area unattended or left to third parties and where third parties have carried out operations that the customer did not want. The supplier cannot in any way be held responsible for incorrect management carried out by third parties. Even in the case of a simple, advanced or complete management service, 4host may be held responsible for unplanned or unwanted changes within the customer area or on an additional hosting/service space or domain name. 4host recommends delivering your customer area login credentials only to trusted personnel: https://www.4host.ch/clienti/clientarea.php
6.22. The customer must make sure to equip the additional contact with correct permissions and to grant the necessary authorizations to his/her client/hosting/additional services and domain names in order to protect his/her service from unwanted manipulations. The supplier can certainly advise the customer correctly to set these permits that can be assigned to additional contacts, but in no case, even after a consultation, the supplier can be held responsible for manipulations made by third parties or by the customer himself.
6.23. The provider guarantees backups of all active services except for all hosting budgets and all services that have been suspended (in suspension status) backups are not guaranteed during the period for which a service remains in suspension or otherwise idle. Is responsibility of the customer check and observe that the service remains active as the supplier will deny all responsibility failure to recover if a customer requests it during the suspension status of a hosting service in its possession.
6.24. The supplier makes available in the customer area the management of domain names for which the customer is free to manage and renew. In no case can the provider be responsible for renewals that have not been implemented, even if the customer has paid the amount due for the renewal of the domain. Furthermore, the supplier cannot be held responsible if the customer loses the registration of a given domain name. Finally, it is the customer who must inform the supplier if a domain, despite being paid for, has not been renewed, as the supplier does not have automated tools to carry out cross-checks with our “Registrar” called: Realtimeregister. However, the supplier will always be available to resolve any at the customer’s request, as long as the customer informs the supplier in time.
7. Liability and warranty
7.1. The use of our servers may involve risks for the customers. 4Host can not be held responsible for any damage caused to installations that the customer has run on the servers and for the contents uploaded by customers.
7.2. 4Host can not be held responsible for damages or accidents caused by others.
7.3. 4Host guarantees the utmost professionalism to all customers, also guarantees the anonymity and any information, conversation, communication occurred with the customer will be kept strictly confidential and will not be disclosed to third persons or companies for any reason.
7.4. 4Host can not be held responsible for e-mail delivery failure of important messages or if the customer has changed or deleted the default contact email, which allow us to contact and send invoices to the customer. 4Host can not be held responsible if the customer uses a unreliable email server (from other providers), or it’s blacklisted, and can not receive communications for any other reasons. The customer is responsible to choose a reliable mail server in order to properly receive our communications.
7.5. The supplier guarantees, through its website, the utmost attention for the protection of customer’s personal data and transactions through 4Host and shall ensure that this information will not be disclosed to third parties for any reason, except in severe cases (eg severe violations, malware, fishing, when these violations must be transmitted to the competent authorities after formal and legal request). In any non legitimate case, requests of information from third parties are not relased in any way.
7.6 4Host adopts sophisticated protection mechanisms including protection against fishing fraud and advanced hacking techniques, with which it protects its customers from unwanted attacks on digitally published data (eg: email, protected folders, customer deposit). Under no circumstances may 4host be held responsible for failed browsing by users who have done malicious actions. 4host, however, provides a tool to remove its IP from the ban. This tool can be found in the customer area in: https://www.4host.ch/clients/index.php?m=unbanCenter and are also explained in which cases the IP can be banned from our protection system by this document: https://www.4host.ch/clienti/knowledgebase/53/Pagina-non-trovata-quando-visito-il-mio-sito-cpanel-webmail-webdisk-e-metodi-per-delistare-the-right-ip-if-stuck-in-their-server.html. In this way the customer can know why the server has banned him and can correct the error of web programming or the incorrect configuration ftp, email, webdisk or failed login attempt in cpanel in a completely autonomous manner.
7.9. 4Host, with a technical assistance subscription, can give the operating guarantee only after performing certain technical tasks, and can not be held responsible for failures due to incorrect operation by third parties (even by the customer or authorized collaborators). 4Host will be able to provide recovery points of the customer’s web space to a previous state (ie 1 week, 1 month before, etc …), however will not be able to provide a backup in a very precise moment. The customer will have to adapt to the backups availability.
7.10. 4host can not ensure the availability of backups at a specific time and/or day, and can not be held responsible if a customer pretend the availability of a specific backup. The customer will have to adapt to, and accept the availability provided by our backup systems.
7.11. Considering the nature of the Internet and products like cPanel, MySQL, PHP, Apache, and others, the supplier can not be held responsible for errors and/or programming flaws which prevent partially or completely, the access to the server or causing a partial or incomplete operation of a service that the supplier has delivered to the customer. We will do everything is possible, in cooperation with companies, to avoid similar events and we will try, to inform the customer in time and provide alternative solutions to solve problems caused by any failure of these software.
7.12. 4host provides the 30 day satisfied or refunded formula, only when no internet site transfers are made or even in the case of hacking attempts or continuous requests for assistance (eg: when the customer continues to make requests for technical assistance) where also in this case 4host may decide not to reimburse the customer (returning to a case of abuse of the service). Except for the conditions listed above 4host guarantees 100% reimbursement excluding expenses (eg: paypal and domain names).
7.13. 4host does not provide any guarantee of data or backups for all plans named “Budget hosting”. The customer assumes 100% of the risks to use the budget plans and cannot in any case request compensation due to the offline site or data loss. Even if the site is offline for more than 3/5 days 4host cannot be held responsible. However, the customer has a cpanel with backup and recovery options that he can manage independently for backup and data recovery.
7.14. 4host carries out “random” checks for possible malware, trojans, spyware, viruses and scripts that can damage the infrastructure of the servers made available by 4host for the customer. In no case 4host can be responsible for site interruptions, emails or banched if these software / scripts could cause damage. They will be deleted and / or modified by 4hosts and resources may also be limited according to the most appropriate policy. 4host will always be in the interest of the greatest number of customers and in no case can it be held responsible for security policies that have been decided and which may limit their use by the customer. The customer will accept any policy decided by 4host as it will always be for the defense and for a good functionality that is dedicated to the interests of all customers.
7.15. 4host provides online builders such as weebly and 4host builder and provides third-party software, such as collaboration tools eg: Ox app suite for professional emails. In general, all third-party apps 4host is not responsible for malfunctions of these apps and in no case 4host can be held responsible for a partial or complete malfunction of these software. However, the provider will do everything possible to resolve and mitigate and inform the owners of these apps if there are any reports from the customer.
8. Closing disclosures
8.1. The Court of Lugano will have jurisdiction over any litigation.
8.2. Any other question not settled in this contract, will be regulated by the Swiss Obligations Code.
Terms date: 09 december 2021