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Terms and Conditions for the use of services of ThinkEasy Hosting Services

Latest Update: September 28, 2020

1.1 ThinkEasyWeb referred to as “Company” is an online website providing products and services through the Internet, founded by “Theodora E. Kalesi” which is based on Marousi of Athens, Vat Number 074266726. The following terms and conditions shall be implemented for use of the Company’s online website, www.thinkeasy.gr/ as well as any services provided by the Company. Using the website or services provided by the Company, users declare that they fully accept the terms and conditions the Company currently has or will have set up in the future.

1.2 Should a user or a user representative disagree with these terms and conditions, they should then not make use of the Company’s website and its services. Users or the Company’s services or visitors of www.thinkeasy.gr/ site will henceforth be referred to as Customers, regardless of them ordering services or products from the Company.

2.1 This website is one of the Company’s official. Its entire content, including images, graphics, photos, sketches, text, services provided and products, are considered Company copyright or are used with a suitable license and are protected under the relevant laws of greek and european applicable law and international conventions. The website’s entire content has been filed under a notary.

2.2 Copying, distribution, transport, processing/conversion, re-selling, creating a derivative work or misleading the public towards the true provider of the website’s content is forbidden. Any reproduction, reissue, download, upload, announcement, spreading of or transmission or whatever other use of the content in any way, shape, or form for commercial purposes or otherwise is allowed only with written permission of the Company or other beneficiary of copyright. Names, images, logos and the distinct markings representing and Company or third parties connected to such, as well as their products and services, are sole labels of the Company or third parties protected under the applicable laws concerning commercial labels. Their display on the website should not, for any reason, be taken as permission for them to be utilized.

3.1 The Customer is assured that the material uploaded to the servers shall be ready for use and will not need any further processing from the Company to work. The Company has access rights to files, websites and data of the Customer for technical support or should there be need of an audit or after a request from the Authorities, according to what is written on the Privacy Policy, as well as the Disclaimer Of Personal Data Safety.

3.2 The Company lets the Customer know, via email, how they may gain access to their Control Panel for services as well as the way to publish files on the Internet, setting up email accounts and information on utilization of services.

3.3 The Company could, as an exception, provide support and suggestions on matters not wholly concerning the domain services or internet host (additional technical support). The Customer acknowledges that the Company is not liable for the soundness or credibility of such support guides given to the Customer.

3.4 The Company does not assume control over content of information passing through its servers. Furthermore, it does not guarantee the reliability, accuracy or quality of any information appearing on the internet through -or due to- its services. In addition, it does not guarantee the commercial or personal solvency of whoever presents themselves on the Internet, or the fulfillment of any particular promises/offers from third parties, and is not responsible for any damages incurred to the Customer or those who trade with such, including data loss due to delays, failure to deliver cargo, or cessation of services for any cause, fault, or omission.

3.5 The Company, under no conditions, events and causes does bear any responsibility for whatever damages resulting from the utilization, availability or non-availability of services the Company provides.

3.6 The Company updates installed applications on its servers at regular intervals, so as for security levels to be maintained in their highest possible level and the most recent versions of  Control Panel, PHP, MySQL, ASP.NET, etc. to be provided. It is the Customer’s sole responsibility, especially regarding safety issues which expose the infrastructure and availability of the Company’s services to danger, to update their websites accordingly, placing greater emphasis on security updates of PHP, MySQL Queries, ASP.NET etc. code so as for them to be compatible with Company servers and does not endanger them. The Company is not liable for any loss, damage or moral damage caused from these updates, as well as the incapability or unwillingness of the Customer to adjust their web pages with the updated versions of various applications and computer programming languages having been installed on Company servers.

3.7 The Company takes backup copies of Customer files and databases that use server hosting services at regular intervals. The Company bears no responsibilities for such backups being out of date or unusable. The Customer is obliged to maintain a backup copy of their own files and databases. Such a copy maintained by the Customer must be loaded into the Customer’s personal computer.

Should the Customer ask for data recovery, the Company shall provide the service/product within few minutes after payoff. In some circumstances, due to the nature of a service, it might be delayed for a few hours or days. The Customer acknowledges that the process ‘restore from backup’ might corrupt the site contents or downgrade such to an earlier version.

The Company is not liable towards the Customers / users for any damages incurred from the execution -or not- of their order and from the form the service is provided. In addition, it is reserved regarding time of providence of services backup / restore in case of force majeure.

3.8 The Company after prosecution or request from the relevant Authorities will follow the legal processes for enforcement of the law and may gain access to data concerning the location, the files, the emails and the content of the Customer. This can lead to the Company unveiling all data given to it, including the ones hosted in Company servers, files and Customer databases.

3.9 The Company is not at fault for damages incurred from the implementation -or not- of the Customer’s order, or from the form of such a service provided. It is also reserved towards delivery time for any goods / services in cases of force majeure.

3.10 The Customer acknowledges that the Company may adjust its services and products provided through third party suppliers, based on specification of each supplier. The Customer acknowledges that the Company itself is not responsible and liable to Customer, or any third party for whatever claims occur from providing such goods / services.

3.11 Service Level Agreement (SLA)

This agreement describes the availability guarantee for the Company’s network and services. Such a guarantee applies to any Customer of the Company without any financial abeyance in network availability interruption time.

Guarantee application process

The Company makes every possible attempt in keeping the hosted website’s content available for access from around the world, at any time. The interruption service time is defined as the loss of all plans from Company services towards the backbone network providers.

The Company makes every possible attempt in maintaining the average loss of availability rate of webserver services or database servers to a rate of 0,1% or less, during one calendar month, as defined by the Company.

Should the webserver or database server of a shared hosting plan on which the website is hosted, is available less than 99.9% of the time within a calendar month, the Company credits the Customer’s hosting account with a free hosting period of one month.

Interruption time is measured after the Customer’s notification for loss of availability, from the point such an interruption happens, through the Company’s ticketing system, either from here, or via phone to the Company’s support department. The Company’s sysadmins shall define the end of interruption time. The crediting is about the basic service’s monthly dues, paid by the Customer for the plan, for the data transfer limit allowed each month, disregarding fees of additional services, like more IP addresses, support services…etc.

Restrictions

The Customer shall not receive any credit for any failures, malfunction or lack of availability of their website caused from, or connected to;

a. Circumstances beyond the Company’s sane control, including without limitation, government activities, war, riots, sabotage, armed conflict, embargo, fire, flood, strike or other cessation or delay of work, cessation or delay of transport, inaccessibility or cessation or delay of telecommunications or third party services, hacker attacks or viruses, third party software failing (including, without limitation, e-commerce, payment gateway, conversation, statistic, or of open source script software) or inability to receive raw materials, supplies, or the energy needed for use of the appropriate equipment for the providing such SLA.

b. Programmed or emergency maintenance and improvement of the Company’s technological equipment.

c. Issues involving DNS, FTP, POP, IMAP or SMTP customer access.

d. False reports in regards to Company systems not working.

e. Acts or negligence of the Customer, including, without limitation, the Code (CGI, Perl, HTML, ASP etc.), any dereliction, deliberate mishandling, or use of services violating Company terms and policies for acceptable use.

f. Sending or transferring of email or webmail.

G. Operation interruptions elsewhere on the Internet, preventing Customer access. The Company is not liable for browser or DNS which may make displaying the service impossible. In addition, the Company is not liable for issues stemming from quality of Internet access from the provider the Customer has chosen. The Company shall guarantee only areas under its control, namely, servers, server routers, and the connection of such with the Internet.

Liability Limitation – Safeguard – Compensation

The Company has undertaken significant efforts so for its website to include accurate and updated information. It is, however, not bound in regards to accuracy, time proximity and the completeness of published content and hence bears no responsibility of any nature. In particular, the Company should be checking its website concerning its function and appearance of the now popular Internet browsers (like Google Chrome, Mozilla Firefox, Safari, Internet Explorer, for example). The Company is not responsible for any changes in function or content occur from the Customer using older versions of the above browsers, or any other browser.

The Customer agrees to defend before any court, safeguard, keep away from any danger, from all requests, losses, financial claims and responsibilities the Company and shall cover such against any financial costs, including potential lawyer fees. Furthermore, they shall cover the Company from any case or claim due to damages or malfunctions or whatever other cause the Customer raises, or any other third party against the Company or themselves in case of third parties, due to activities or other acts, of them or their interests and information transferred through the Company servers or because of malfunction of whichever server or ours, with or without Customer consent or partner of theirs.

Furthermore, the Customer explicitly states and is bound to intervene in the judicial or bureaucratic process and compensate the Company fully, in case the latter is obliged in the paying of compensation or whichever other cost in a case when any action, claim, or legal claim or bureaucratic process and stems from the violation of on behalf of any third party.

According to a European directive from the European Commission, consumers and merchants have the Online Dispute Resolution platform (ODR) at their disposal for the electronic solving of their disputes, whether such are about domestic or cross-border transactions. ODR is directly linked to the pertinent authorities Alternate Dispute Resolution (ADR) of every country, who take up the processing of accusations. In regards to Greece, such authorities are: a) independent authority ‘‘Συνήγορος του Καταναλωτή’’

b) Intermediary of Banking – Investment Services (see the authorities for each country here)

Additional clarifications concerning Cookies

4.1 What are Cookies and why is the Company using them?

Cookies are small text files sent on the browser program the Customer uses and are stored at their computer, while the Customer is browsing within the Company website. Under no circumstances do the cookies contain personal information or information which would allow anyone to communicate with the website’s visitor, through phone, email etc. Furthermore, using cookies, there is no access granted to the computer’s documents or files.

Cookie usage facilitates the retaining of information relating to the Customer’s visit, to the website, gathering useful preferences in regards to the Customer’s search preferences. Consequently, the searching experience will be optimized. In addition, cookies help the Company review the performance and visitor count of its website, improving its display and content, according to visitor preferences.

4.2 Which cookies are used?

Some or all cookies described might be stored into the browser application. The Customer can see and manage the cookies in the browser application (however, browser applications intended for mobile devices might not possess this sort of functionality).

The technically necessary cookies the Company is using are of vital import for the proper function of the website, and allow the Customer to browse and use its functions. These cookies do not distinguish a Customer’s particular identity. Without such, the Company cannot offer effective functionality on its website.

4.3 Should the Customer not desire the use of cookies?

The Customer may activate, or deactivate and completely delete cookies, through the settings of their particular browser application. However, after such an act, some parts of the website might not be working properly.

Privacy Policy

The Company handles a Customer’s security, trust and respect. The safeguarding of Customer personal data is particularly important. Hence, the Company communicates the above to its visitors and/or Customers:

  • The Company website is a communication system to the public, with which information and services are offered, through the Internet. Visitors of the Company website are able to inform themselves of any new products and services it offers, important announcements, new jobs and be notified of any service without offering any information.
  • In case of gathering a Customer’s personal data is necessary, for the execution of some trade through the website, the following shall take effect:
    • The Company maintains a log and processes potential Customer personal data, the sole reason being the support, forwarding and implementation of the exchange with the Customer as well as the provision of high level services.
    • Customer data are safeguarded by strict discretionary criteria and are forwarded on third-party companies only if necessary for an order’s implementation or the functionality of a Customer’s service.

Website software is designed for a maximum amount of security and trust. All information contained within requests submitted in the website and are related to payment of whichever service the Customer chooses, are secure. Only authorized employees, having received proper training so as to the processing of Customer information, shall have access to such information and only when necessary for implementing Customer requests.

5.1 The Customer accepts not to use the Company’s internet space, the services it offers and its servers for:

a. Any content which is illegal, harmful, threatening, insulting, irritating, sycophantic derogatory, vulgar, obscene, slanderous, constitutes a violation of someone else’s privacy, shows solidarity, or expresses racial, national or other distinctions, or for sending, publishing via email or transmission of such content to others.

b. Harming underage people in any way.

c. Sending, publishing, sending via email or transmission with other ways any kind of content for which they do not have rights of transmission according to legislation or contracted or administrative relations (like internal information, owner and confidential information gained or exposed as part of work relations or covered in confidentiality agreements.)

d. Sending, publishing, sending via email or transmission with other ways any kind of content which violates any patent, trade label, trade secret, copyright or other ownership third party rights.

e. Sending, publishing, sending via email or transmission with other ways any kind of content which contains software viruses or other codes, files or applications designed with causing harm in mind, the destruction or tackling of function of any software or hardware.

f. Willful and unwilful violation of the standing legislature or its terms.

g. Harassment of third parties in any way.

h. Illegal gathering or storage of other user’s private data.

5.2 The Company has the power to reject, cut off the provision of service or delete content funneled on the provided server, should this content be against any legislature in regards to copyright, is copied, is of pornographic, racist or piratical nature (hacking, pirate software, warez sites, serial numbers), concerns the narcotics trade, the effort of illegal penetration on a PC or is against any other law. In such scenarios, the Company has the right, without warning to immediately disable the account and its access to the site through the internet without any responsibility for damages that may be incurred on the Customer or third parties. In addition, it notifies the Customer to remove such a content. Should the Customer not immediately take heed, the Company has the right to completely delete their account.

5.3 All web hosting accounts automatically display an ‘Under Construction’ page when activated. This notifies the users that the hosting account has been created in the Company. The ‘Under Construction’ page can be removed by the user at any time, from the moment they gain access to the web hosting account. The ‘Under Construction’ page may included information like:

  • Links towards Company products and services
  • Mentions of third party products and services
  • Information search form for the Internet.

5.4 The Company follows a very strict policy in regards to spam emails and can cancel the Customer account in the case of sending improper / undesired mass emails (spam mail). An email is spam when sent including recipients who did not ask to get such.

The Customer agrees to not send any of the following kinds of email:

  • Advertisements or informational, including commercial advertisement without limitations, excluding those who have explicitly asked for emails from the Customer.
  • Irritating emails, either due to the language they were written in, their frequency of sending or their size.
  • Chain email.
  • Bulk advertising or informational emails.

5.5 Company has the right of restricting the volume of messages sent or received from the users, in order for the quality of email services to be maintained to other members and the safeguarding of its systems.

As the owner and / or administrator of equipment and other resources used for the provision of services, the Company has the right to block electronic communication from other operators on the Internet or not to deliver email messages if those are considered to be spam, malicious, or generally violating the terms of use of the service.

5.6 Available server resources are meant solely for use inside user accounts. The distribution of such resources for any manner in third party sites in any form, including but not limited to sourcing graphics or texts from third party sites found in Company servers, application execution, banner exchange programs is forbidden.

6.7 Sending emails in server or any message sent at irritating intervals on a network directly or indirectly connected to the Company, such as the attempt of bypassing user authorization or host security, network or account is forbidden.

Penetration of information not meant towards the Customer is forbidden.

Penetration of any network, spawning, port scans, ping floods, packet spoofing, forging router information, denial of service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, teardrop, publishing viruses, chat rooms, Internet Relay Chat, IRC bots (like eggdrop), PhpShell and other similar applications, the audio, radio and video streaming and the uploading of files on the server for the purposes of public downloading, particularly in cases when it majorly strains the available network resources, is forbidden. Any activity, regardless if leading to loss or data, shall be investigated and proper action will follow.

6.8 Non-authorized background processes or authorized background processes which expose the Company or Customer servers’ safety to danger, shall lead to the cessation or even the termination of the Customer account.

6.9 In case the Customer website is the cause of creating issues in the provision of hosting services to other Customers placed in the same server, the Company has the right to immediately and without warning disable access to the Customer’s domain. In case the Company engages in such activity, the Customer will be notified accordingly, for the reason this suspension of services has occurred.

Customer acknowledges that the Company bears no responsibility or obligation for compensation in regards to any loss, damage or moral damages incurred by the cessation of the above processes.

6.10 CPU, Memory, Disk IO, Entry Processes

Customer agrees to construct their websites in such a way where overloading Company servers is avoided, restricting the use of code and application demanding heavy processing power or make excessive use of resources (CPU, Disk IO, RAM).

The above resources the Customer is using in a shared hosting plan are not included in the unmetered part. Specific prices are provided according to the service and the server on which the Customer plan is hosted.

Databases hosted on our services are governed by proper use policy and may not exceed 1 GB for MySQL and 1GB for MSSQL so as to not cause performance issues on the server from misappropriation of CPT, memory, or Disk I/O offered to each Customer account.

6.11 Proper Use Policy

The Customer agrees to:

a. Not use equal or more of 25% of server resources for intervals greater than 90 seconds, not carry out acts which may cause server overload, including CGI scripts, PHP scripts, FTP, HTTP, SMTP load etc.

b. To not execute any automated process on the server.

c. To not execute any daemons and executable files of any nature which make excessive use of bandwidth, like IRCD, chat daemons, .exe, .com etc.

d. To not execute any kind of web spider or indexer (including Google Cash, AdSpy, Scrapers etc.)

e. To not execute any bit torrent applications, track or Customer. The linking or hosting of any illegal transmitted files is forbidden.

f. To participate in no illegal activities concerning file-sharing & peer-to-peer networks.

g. To not run any gaming server like counter-strike, half-life, battlefield1942 etc. This term does apply for Dedicated Servers.

h. To not execute cron tasks & schedule tasks at intervals of less than 15 minutes or in a way which can cause server overload.

i. To not use script for the call of any non-local file. The call of any file or URL in a remote server must be noted to the Company when in regards shared hosting plans. The Company has the right to forbid something such without notifying the Customer.

j. To not have a server mailbox the size of which is greater than the plan limits purchased from or defined by the Company.

6.13 The Customer understands and agrees to that no part of services the Company provides, like space, emails, or bandwidth can be used for purposes of retaining backup files. The Customer is under no circumstances to upload, download, or use the space provided for anything but files which have immediate relation to what is necessary for the running of their website.

6.13 The Customer should monitor the volume of space they are taking up, as well as the other account users in the Company hard disks, so as not go over set limits. In case of the space taken up going over said limits, the Company maintains the right to charge the Customer for use of additional resources and also maintains the right to delete files to restore the used volume within accepted limits.

6.14 It is a Customer’s responsibility to make sure their code and applications installed in the account are safe and the rights of the directories and files are correct, regardless from the manner the installation was made. It is a Customer’s responsibility to assure the reliability of their code, apply all safety instructions and be certain in applying the proper levels of access to files and directories of their services. The Customer is responsible for all actions undertaken in their account.

6.15 The Customer acknowledges that the Company, for safety reasons may ask for a change in password at regular intervals.

6.16 Website Builder Service

The Company is working with BaseKit in order to provide the service Website Builder. The Company has taken the required conventional measures to safely provide this service.

The Customer understands and agrees that all information, data, text, software, music, audio, images, graphs, videos, messages, products, services or any other form of “Content” is the sole responsibility of the person who created the said Content.

The Customer is exclusively responsible for all uploaded, published and transmitted Content, through the company. The company does not verify the content that is published via the Service and does not guarantee the accuracy, integrity or quality of the said Content.

The commitments and guarantees on paragraph 6.1 apply to the Website Builder service.

If a Customer is found breaking the terms in effect, the Company has the right to terminate the account at any given time.

Anything that is not stated in the terms hereinabove, the service’s following terms of use apply: https://www.basekit.com/terms/.

For the Website Builder service, it is recommended not to use more than 30 widgets on one page as that could cause a significant delay when opening the page. The Company does not support any page containing more than 60 widgets.

Hosting migration policy

6.17 For each new shared hosting or reseller plan provided by the Company, the Customer may request the free transfer of up to five (5) static or dynamic websites (provided the number is supported by the plan) from another provider. The same policy applies in case the Customer upgrades a plan that they already have with Top.Host and they wish to transfer to it websites hosted on another provider. From the sixth website onwards, additional staggered charges are applied, depending on the total number of websites to be transferred.

Necessary prerequisites for the free migration are:

a. For the Web Hosting Transfer Form to be filled out within 90 days after the payment confirmation of the hosting plan.

b. Files at the time of request to be hosted on a plan of another hosting provider and not on the servers of the Company.

c. Access to be provided in the administrative server environment of the other hosting provider or to a backup of files and databases to be transferred.

6.18 In the event that the Customer wishes to transfer websites from a Shared Hosting plan of the Company to another Shared Hosting plan of the Company, additional charges and migration costs will be borne by the Customer, starting from the first website.

Free instructions are provided by email from the Support Department upon request, in order for the Customer to carry out the migration on their own, if they desire so.

Additional Terms

6.19 If the Customer wishes to change the operating system for any transfer case, additional charges apply.

6.20 For any transfer to Company plans after the end of 10 days, additional charges are applied starting from the first website.

6.21 The Customer acknowledges that the transfer is made by priority and after communication with the Company. The Company has the right to refuse a website transfer that does not comply with the technical specifications of its infrastructure or violates the terms of use of the service.