It is the customer’s own responsibility that the material stored on the Kontainer servers is compliant with Danish law, compliant with written as well as unwritten ethical regulations for the Internet, and that no third party’s rights are violated. Lack of compliance hereof as well as unauthorised use of Kontainer in any way will result in actions from Kontainer, a warning as well as termination or cancellation of the subscription and possibly a report to the police. If Kontainer suffers any loss as a consequence of conditions for which the customer is responsible, e.g. upload of software that may influence the performance of the Kontainer server, the customer is liable for this loss and must indemnify Kontainer for any claims made to Kontainer in this connection. It is not permitted to send uninvited commercial advertisements, such as spam, from the system, and thus from the Kontainer mail servers, to email addresses or news groups, cf. the Marketing Practices Act, Section 6a. If Kontainer receives a spam notification from a third party, Kontainer reserves the right to immediately suspend or annul the subscription. The customer should have in mind that by opening attachments received from the Kontainer mail servers, the customer and customers of the customer risk infecting their hardware and software with the virus. In no event will Kontainer be liable for damages and loss resulting from this.
It is the customer’s responsibility that Kontainer has the customer’s correct address at all times. In case of change of address, change of company name etc., Kontainer must be informed. The individual customer is responsible for performing his own backups of the material on the Kontainer servers.
Kontainer is not liable for loss arising from system breakdowns, power cuts, unauthorized access, interruptions or changes due to technical or operational issues, including the facilities of one of the Kontainer subsuppliers (e.g. hosting centers), or if ordered by supervising authority. Kontainer is not liable for loss due to force majeure, including strike of lightning, flooding, fire, strike and lockout (including among Kontainer’s own employees), overload of the Internet or errors in any third party’s network. Kontainer’s total liability for damages in accordance with this agreement is limited to an amount corresponding to Kontainer’s fee for 12 (twelve) months of hosting service. The limitation of liability does not apply to claims of return of disbursed payments with respect to termination.
This agreement can be terminated by the customer and Kontainer in writing one month prior to the end of a month.