1 ACCEPTANCE OF TERMS OF SERVICE
1. By placing a check mark for acceptance hereof, the Subscriber agrees to comply with the following Terms of Service. Acceptance of the Terms is a condition for using the services of 1984 ehf. The word “services” means the network, hardware, software and technical assistance of 1984 ehf. The Subscriber agrees to abide by all conditions specified in these Terms. The Terms constitute an agreement between 1984 ehf. and the Subscriber and take effect upon the Subscriber's acceptance hereof.
2. The Subscriber represents and warrants, if an individual, that the Subscriber is at least 18 years old, possesses legal competence to manage his/her financial affairs and is otherwise fully legally competent, or, if a company or a legal person, that the Subscriber possesses all legal authority and power to undertake the commitments specified by these Terms. In addition, the Subscriber represents and warrants that all information provided by the Subscriber to 1984 ehf. is accurate, complete and current upon renewal and registration of services. The Subscriber represents and warrants that the Subscriber will inform 1984 ehf. of any changes to such information so as to ensure that 1984 ehf. always has accurate, complete and current information. Legal guardians may enter into an agreement with 1984 ehf. on behalf of minors or persons who do not possess legal competence to manage their financial affairs, in which case the legal guardians must have consented to the use of the services of 1984 ehf. by the minor or person without financial legal competence. The legal guardian assumes all obligations and liability resulting from the service agreement applicable in each case and from these Terms of Service.
3. 1984 ehf. will endeavour to provide its Subscribers with excellent services in the field of web and e-mail hosting, virtual server and name server operations, and to always stay abreast of new technologies in these areas so as to ensure the best possible service at all times. Owing to rapid development and significant changes in the technological and legal environment, as well as in the individual and collective needs of users, 1984 ehf. reserves the right to amend, add to or remove all or any part of these Terms of Service at any time without prior notice or warning.
4. Subscribers may view the current version of these Terms at any given time at www.1984.is/skilmalar . Any use of the services of 1984 ehf. after amendments, additions or deletions to these Terms in their entirety or in part shall constitute the Subscriber's acceptance of all such amendments, additions or deletions. If a Subscriber does not agree to such amendments, additions or deletions to these Terms, the Subscriber's remedy is to cancel the subscription as set forth in Section 3 hereof.
2. TERM – PAYMENT – RENEWAL OF SERVICE AGREEMENT
1. The contractual relationship between 1984 ehf. and the Subscriber commences upon the Subscriber's acceptance of these Terms and terminates as set forth in Articles 2.04 and 3.01 of these Terms.
2. The Subscriber agrees to pay all applicable service fees as specified in the price list or in accordance with special offers in effect at the time of registration or renewal of the service agreement.
3. Fourteen days prior to the expiration of the service agreement, 1984 ehf. may renew the Subscriber's service agreement for the same duration as the Subscriber selected in its initial request of services from 1984 ehf. In such cases, the general tariff of 1984 ehf. shall apply, and not special offers that 1984 ehf. may have available at the time of the renewal. The service fee for the period will be collected in the manner originally selected by the Subscriber as the means of payment for 1984 ehf.’s services. The Subscriber accepts that 1984 ehf. automatically renews the service agreement in the manner specified above. The Subscriber acknowledges that the renewal of the service agreement is the Subscriber's responsibility and that 1984 ehf. has no obligation to automatically renew the service agreement. The Subscriber acknowledges that if 1984 ehf. does not exercise its right to automatic renewal and the Subscriber has not renewed the subscription, the subscription and related services will terminate on the subscription expiration date.
4. To cancel the service agreement’s automatic renewal, the Subscriber must notify 1984 ehf. sixteen days prior to the subscription’s expiry date by sending an e-mail to firstname.lastname@example.org with the subject header “Cancellation of automatic subscription renewal” and providing further details of the subscription in the body of the e-mail message. 1984 ehf. agrees that on receipt of such an e-mail to the e-mail address email@example.com at least sixteen days prior to the subscription’s expiration, no further subscription fees for the subscription in question will be billed to the Subscriber and the service shall terminate on the subscription expiration date.
5. If the Subscriber is not an individual but a company, organisation or legal person, the person entering into or renewing the service agreement on behalf of the Subscriber certifies that he/she has the authority and permission to bind the Subscriber in the manner specified by these Terms.
3. CANCELLATION OF SERVICE AGREEMENT – REFUND POLICY
1. 1984 ehf. provides a 14-day money-back guarantee for Shared Hosting and a 7 day money-back guarantee for VPS and Managed VPS hosting. This means that if a cancellation of a service request is received by 1984 ehf. via the e-mail address firstname.lastname@example.org within the aforementioned time frames, 1984 ehf. will refund to the Subscriber the service fees paid by the Subscriber or cancel the invoice, if such an invoice has been issued. If the Subscriber has paid 1984 ehf. for the registration of a domain, or a domain registration is a part of a hosting agreement, the Subscriber retains the rights under that registration, for the reason that domain registration fees are non-refundable. The registration fee for the domain will then be subtracted from the refunded amount. The subscriber will retain the rights to that domain, unless a de-registration is requested. A de-registration does not lead to a refund of domain registration fee.
2. The Subscriber may cancel the hosting subscription at any time during the term of the agreement after the time frames for money-back guarantees specified in Article 3.01 hereof and before the service agreement’s automatic renewal. In such cases, 1984 ehf. will refund to the Subscriber the fees for all calendar months of the contractual term that have not started at the time of receipt of the cancellation, if the Subscriber has already paid for the service. If the Subscriber has not paid an issued invoice, 1984 ehf. will lower the amount of that invoice by the amount of the hosting fee for the calendar months of the contractual term that have not started at the time of receipt of the cancellation. This refund promise, or, where applicable, the promise to reduce the invoice amount, only applies to Shared Hosting, VPS and Managed VPS Hosting agreements, cf. Article 3.01 hereof.
3. The Subscriber shall give notice of the cancellation by sending an e-mail to email@example.com and the cancellation must originate from the contact email address of the customer of which the the customer has previously informed 1984 through the 1984 customer portal.
4. In the event that the Subscriber fails to comply with the above provisions on subscription cancellation, the Subscriber is liable to pay a ISK 5,000 administrative charge.
4. INTELLECTUAL PROPERTY AND TRADE SECRETS
These Terms do not confer on the Subscriber any rights in the intellectual property of 1984 ehf. relating to the technology, logos or trademarks of 1984 ehf. 1984 ehf. and the Subscriber hereby undertake that neither will in any way, directly or indirectly, seek to obtain source codes, trade secrets or other proprietary information from the other party.
5. SECURITY AND OWNERSHIP
1. The Subscriber is exclusively responsible for the preservation of all authentication data provided by 1984 ehf. to the Subscriber, e.g. passwords, user names, etc. The Subscriber is also responsible for all consequences of their use. In addition, the Subscriber is responsible for all use of domains stored for the Subscriber on 1984 ehf.’s systems. The Subscriber undertakes to notify 1984 ehf. immediately of any suspicion of authentication data being acquired by an unauthorised party, any threat to the confidentiality of authentication data and any suspicion of unauthorised access of the services and systems of 1984 ehf. 1984 ehf. shall not be liable for any damage or loss resulting from the use of authentication data provided to the Subscriber.
2. When a service agreement is concluded between the Subscriber and 1984 ehf., the following information from the Subscriber will be recorded: (1) the Subscriber's name; (2) the Subscriber's active e-mail address; (3) any user name selected by the Subscriber; (4) the Subscriber's password(s); (5) the Subscriber's active telephone number; and (6) payment details, i.e. address, means of payment, etc., in accordance with the laws on the handling of such information and 7) PIN number selected by customer
3. If access information is requested, 1984 ehf. will not have to disclose such information, unless the party requesting it submits the following details: (a) the Subscriber's name; (b) the Subscriber's e-mail address as recorded on 1984 ehf.’s files; (c) the Subscriber's user name; (d) the Subscriber's payment details and (e) the subscribers PIN number. In addition, 1984 ehf. will provide access information when served with a valid court order for such information provision.
4. The Subscriber accepts the above policy and procedure regarding the handling of access information and releases 1984 from all liability for damages that may arise out of 1984 ehf. following the said policy and procedure.
6. PERSONAL DATA – INFORMATION AND PERSONAL DATA PROTECTION
1. 1984 ehf. promises to protect information, including personal data regarding the Subscriber, through the means that are available within reasonable cost limits.
2. When a subscription order is submitted, personal data transmission over the internet is encrypted.
3. 1984 ehf. promises not to divulge information about the Subscriber to any third party, unless required to do so by law, a court order or in cases where a third party must be employed to investigate possible infringements of these Terms or other agreements between 1984 ehf. and the Subscriber. 1984 ehf. will not provide any third party with information for use in the marketing of goods or services.
7. SHARED HOSTING
1. The web hosting service of 1984 ehf. is a shared hosting service. This means that Subscribers share hardware and/or virtual hardware resources. 1984 ehf.’s web hosting service is intended to meet the web hosting requirements of individuals and smaller organisations and businesses, but not the requirements of media or larger companies that require access to a large-scale and stable system capacity for their web or mailing activities. 1984 ehf. reserves the right to transfer the Subscriber's services between machines and/or virtual machines in order to ensure balance in the use of hardware or for any other purpose that 1984 ehf. deems necessary or effectual.
2. 1984 ehf. reserves all rights to switch off or prevent the use of services to the Subscriber temporarily or permanently if 1984 ehf. is of the opinion that: (1) the Subscriber's use of the service causes or may cause disturbance to the operation of services to other users in a shared hosting environment; (2) a web of, or services to, the Subscriber have been “hacked” or are for some reason under the control of a party other than the Subscriber; (3) laws or ethical standards that 1984 ehf. finds it reasonable to require Subscribers to respect are being violated.
3. In shared hosting a number of customers share the system resources of a server. System resources include storage space, CPU, RAM and network bandwidth. It follows that "Unlimited" in this context does not mean that a user can take endless system resources, but rather that there is not an arbitrary limit to the use of resources for each user while the average system resource usage is at or under the limits of the shared server. This means, for example, that some users can use more storage while others use more net bandwidth or CPU. In the usage planning for a shared server, some fluctuation in usage is expected, which means that temporarily increased system resource usage is just fine. Users that need consistent access to more system resources than fall within the normal usage in a shared environment will be restricted and pointed towards other, more appropriate solutions for their hosting needs.
4. System resources (bandwidth, storage space, CPU access etc.) allocated to Subscriber with a shared hosting service shall only be used for data directly pertaining to the web sites or email accounts of the shared hosting account. This means, for example, that storage space shall not be used for backup or storage of data that is not a part of the web sites, email accounts or data bases of the shared hosting account.
5. If 1984 ehf. decides to terminate the service permanently, the provisions of Article 3.02 on hosting fee refunds shall apply.
8. PROHIBITED USE OF HOSTING SERVICES
1. Unsolicited commercial e-mailing is prohibited on 1984 ehf.’s servers and will result in immediate termination of all services to the Subscriber. This applies to all mass mails to mailing lists or comparable groups where the recipients have not, in the opinion of 1984 ehf., given their consent for the mailings, or where it is impossible or difficult, in the opinion of 1984 ehf., for the recipients to opt out of the lists.
2. Offering, selling or showing, or providing links to other websites offering, selling or showing the following is prohibited: (a) habit-forming or narcotic substances or related services; (b) weapons; (c) copyrighted materials that the Subscriber is not entitled to offer or sell; (d) information used to violate the copyrights or trademarks of others; (e) information used to manufacture, make or provide illegal goods or weapons; (f) pornography or sexual products; (g) file sharing; (h)pharmaceuticals; (i) any materials or information that are, in the opinion of 1984 ehf., illegal, harmful or ethically objectionable.
3. 1984 ehf. reserves the full and unconditional right to decide whether to terminate services to the Subscriber, with or without notice, if 1984 ehf. considers the materials stored by the Subscriber to be illegal, unethical or harmful. 1984 ehf. has sole discretion in such matters. The Subscriber waives all liability claims against 1984 ehf. regarding possible loss to the Subscriber resulting from a decision made on these grounds.
4. It is prohibited for Subscriber to resell or allow a third party usage the Shared Hosting services of 1984 in whole or in part, with or without financial compensation to the Subscriber from the third party, unless Subscriber has entered into a Reseller Agreement with 1984.
9. WARRANTY DISCLAIMER
1. The Subscriber understands and acknowledges that the service that 1984 ehf. promises to provide is provided to the best of the ability of 1984 ehf.’s staff at any given time, without any warranty from 1984 ehf. regarding quality, reliability, speed, freedom from error or functionality. The Subscriber agrees to this policy and waives all liability claims against 1984 ehf. that may arise from errors, faults, lack of access, data loss, reduced speed or lack of functionality of the services provided by 1984 ehf. This applies regardless of the culpability of the staff of 1984 ehf.
2. Backup in shared hosting and Managed VPS Hosting is a best effort service without any guarantees. Backups are taken at the discretion 1984 with the frequency that suits 1984. 1984 does not perform backups when web sites and data bases exceed 30 Gigabytes in total size. 1984 keeps backups for 30 days and after that backups get overwritten. 1984 takes no responsibility for the quality of backups, mistakes in backups, errors or data integrity in backups. 1984 encourages customers to take their own backups and store them off site, preferably in multiple locations.
10. FreeDNS service
1. The 1984 DNS name service is referred to as FreeDNS. FreeDNS is a gratis service and is provided without any warranty from 1984 ehf. regarding quality, reliability, speed, freedom from error or functionality.
2 The general 1984 Terms of service apply to the 1984 FreeDNS service, mutatis mutandis. 1984 ehf reserves all rights to switch off or prevent the use of the FreeDNS services to the Subscriber temporarily or permanently if 1984 ehf. is of the opinion that a user's conduct is contrary to the general 1984 ehf Terms of Service, either their letter or their spirit.
11. LEGAL VENUE AND APPLICABLE LAW
1. These Terms are governed by Icelandic law. Disputes arising from these Terms shall be brought before the Reykjavík District Court.