Terms of Service

Valid from 1st November 2009

Forretningsbetingelser findes også på dansk.

1. General Conditions

In order to purchase products from M Media ApS you must be an adult. If the customer is a minor, the agreement for the purchase of products can only be made with the consent of the authorities guardian in the form of a written approval.

By accepting the terms and conditions you agree to the current terms in the business relationship between you and M Media ApS, which is in effect for all products and services providede by M Media ApS.

2. Virtual Private Server terms (VPS)

Virtual Private Server (VPS) runs from 3-36 months from the date of ordering the server, billing cycle is selected when ordering, and we extend the period automatically upon the expiration of the selected billing period. Ordered periods are not refundable, but can be transferred to other server product. No later than 14 days before the end of a period, we forward an invoice for the next billing cycle.

3. Domain terms

By ordering a domain, the customer declares that the use of the domain name will not violate third party names, trademarks or intellectual property rights - this include both danish and international law. M Media ApS cannot be held liable for third party loss if improper use of a domain occurs.

When paying by credit card, the domain will be ordered as soon as possible, usually the same day as payment has been made. Unless otherwise specified in the order, the DNS is pointed to GratisDNS name servers. We do not refund registration fee in the case of mistyped or other faulty domains, however the domain may be changed to another, if an order with DK-Hostmaster or other registrar have not yet been completed.

4. Law and responsibilities

M Media ApS generally allows any kind of information which is not in conflict with the provisions of Danish legislation. All information stored on M Media Limited's web servers must comply with applicable rules in item 11.

M Media ApS accepts no liability for loss as a result of indirect damage and consequential damages, including loss of anticipated profits, loss of data or their restoration, loss of goodwill, technical failure, unauthorized access, improper setup of the site or other similar consequential damages in connection with the use of the system or loss resulting from missing features in the system. This is the case whether M Media ApS has been advised of the possibility of such loss, and whether M Media ApS is to blame for the loss on the basis of negligence or the like.

M Media ApS accepts no liability for the customer's direct or indirect losses, and the customer can not make claims in any way due to downtime, data loss, system failure, unauthorized access or other form of non-delivery of ordered services from M Media ApS

M Media ApS is not liable for losses caused by force majeure, including legal requirements, regulatory actions or the like, failing power supplies, lack of telecommunications, fire, smoke damage, explosion, water damage, vandalism, burglary, terrorism or sabotage, strikes, lockouts, boycotts or blockade. This is true even if M Media ApS is party to the conflict, and even if the conflict affects only part of M Media ApS's functions.

M Media ApS disclaims responsibility for all customer activities through possibly sublet bandwidth, server use or other, and the customer is responsible for all actions and that the customer meets the existing legislation.

It is the customer's responsibility that all data and material stored and distributed through the customer's hosting services from M Media ApS, lives up to both Danish and international law, does not infringe any copyright, offensive or objectionable material.

M Media ApS can in no way be held responsible or liable for any loss or damage of data on their own, customers or third-party servers or other storage device, and can also not in any way be held responsible for the possible consequences a such losses will have for the customer. It is also the customer's sole responsibility to verify that backups are performed and usable.

M Media Limited reserves the right to close or disconnect the equipment if it poses a problem for the general operation or safety, or nuisance to other parties. M Media Limited reserves the right to investigate the use of any hosting services, if there is suspicion of use which is in violation of these terms or Danish and international laws.

5. Traffic

M Media Limited's current traffic limits is defined in our product list. M Media ApS does not charge for any overspending. In cases where the customer traffic usage over a longer period is extremely high, we will contact the customer in order to find a solution.

6. Stability

M Media Limited aims to ensure that all systems are available 24 hours a day, year round. M Media ApS shall be entitled to, without warning, to suspend the service when maintenance or other technical conditions makes this necessary.

M Media Limited reserves the right, without notice, to limit or restrict access to a hosting product or disconnect any services that are part of a subscription to the extent M media Direct considers such restriction necessary for the operation and / or safety.

7. Liability

Any liability chargeable to M Media ApS is maximized to a proportionate share of the customer last paid annual subscription fee, equal to the pro rata subscription fee for the period in which the customer has been out of service. Fines can never exceed the annual operating fee.

In the case where M Media ApS can be held liable M Media Limited is solely responsible towards the customer in question, when the loss is caused by M Media ApS and / or M Media ApS hired employees intentional or grossly negligent acts or omissions.

8. Terms of payment

All services can be paid for using creditcard / online payments, or using bank transfer to our bank account. See the "About us" page for information about money transfer.

If payment for a subscription or service is not paid in due time, we will contact the customer about this. If payment after a maximum of 14 days is still not received, we will suspend any product or services until the amount in question have been fully paid.

Customer agrees that M Media ApS start the registration process immediately after payment is complete.

9. Money Back Guarantee

The 14 day right of withdrawal does not apply to the purchase of virtual server, as such products are specially adapted to the customer's wishes.

M Media Limited services are specially tailored to the customer. The general right of withdrawal in Consumer Contracts Act §12 paragraph 1, is not valid due to paragraph 2.

10. Termination

All products are invoiced for periods of 3-36 months and can be terminated at any time in writing with 14 days notice at the end of a period. All resignations must be in writing, and cancellation is confirmed in writing. M Media ApS will not refund payments for server if the customer wishes to terminate and discontinue its product in the middle of a period.

If M Media ApS cancels a subscription, it shall be 7 days written notice to the customer, however, M Media ApS can always without notice shutdown a server if the customer has violated M Media ApS's conditions. M Media ApS will then submit a written justification for the closure with reference to the conditions violated. M Media ApS is in every respect superior to the definition of the word abuse.

11. Prohibited use

It is not allowed to use a hosting product at M Media ApS for hosting illegal material. This refers to copyrighted material, and other materiale which the customer has no right to publish, as it might offend other persons, firms or their rights, and material that is contrary to law.

This prohibition applies to images, text, sounds, movie clips and any other information or links thereto. The prohibition is general and applies to the material on the server, whether it is available for anyone, including the customer.

Illegal material is considered to be material of a extremely pornographic, racist, religious and political character, whether it's legal or not to act violently offensive. This is assessed by M Media ApS, possibly in conjunction with an expert or advisory body within that area.

The customer cannot under any circumstances use the product with an intend to obtaining unauthorized access to systems connected to the Internet or otherwise act in a manner that in Danish or other law is punishable.

Mail hosting or other services on the server shall not be used to send unsolicited e-mail (known as spam), threats or anything that is harmful or offensive to the recipient.

12. Good practice

All website programming must be performed in accordance with good programming practice. M Media ApS can never be held responsible for the customer any direct or indirect loss arising from the delivered goods.

The customer is obliged to comply with the current net-etiquette, such as, not revealing other people's private affairs or through their behavior bother other Internet users significantly.

13. Competing business

The customer is not entitled to operate a competing business using M Media ApS products and services.

14. Venue

The customer confirms the he/she is acquainted with M Media Limited's general terms and conditions. M Media Limited reserves the right to make changes in conditions without notice. Any dispute arising in connection with this Agreement shall be settled under Danish law with the District Court in Aalborg as a venue in the first instance.