General Terms and Conditions FireStorm ISP GmbH

Version May 2018
1 The following terms and conditions apply exclusively to business transactions
General Terms and Conditions, as well as the Webhosting Policy and for
domain names additionally the terms and / or AGB of the respective
responsible registry(ies) for the respective domain extension.
2 All offers are subject to change. The company FireStorm ISP reserves the
right to accept an order on the basis of the tender, or
to refuse.
2.1 The prices are fixed and the current prices on the order date apply. The
Prices are always exclusive of transport, packaging costs or
other fees. Usually the prices are in Swiss francs, a
Any currency unit deviating from this is noted accordingly. The
Formulation of the terms of delivery depends on the separate form
"Terms of delivery."
Our payment methods are:
ISR: Free of charge
Postcard: 2.8% plus CHF 0.55
PayPal: 4.5% plus CHF 0.75
MasterCard and VISA: 4% plus CHF 2.50
3. new customers are supplied against prepayment. With the dispatch of the
access data, the goods are considered delivered.
4. the invoices are payable in the invoiced currency without deductions within
payment deadline. The payment deadline is shown on the invoice (in the
rule 10 days).

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5) FireStorm ISP reserves the right in case of default of payment, especially the costs of
to impose reminder, collection and debt enforcement procedures on the customer. For
Reminders will be charged at least CHF 5.00 per reminder and for blocking
at least CHF 50.00 per account, domain or product.
5.1 In case of delay of payment FireStorm ISP is entitled to stop the services
or lock it up. This includes return charges, repair costs and replacement
of the reduced value at the expense of the customer. The compensation owed shall be
any payments already made will be fully credited. The company FireStorm ISP
is entitled to charge the customer interest on arrears from the due date in the amount of
6% per annum and all administrative and collection costs.
5.2 In the case of blocked or discontinued services, the customer has no right to
claim for performance and is obliged to FireStorm ISP,
to pay his periodically due fees in due time. The
The contractual relationship is not affected by the discontinuation or blocking of the services
5.3 FireStorm ISP reserves the right, in case of default of payment, to
to terminate the contractual relationship without notice.
5.4. be reachable at the postal address reported in the sub
5.5 The reported address data will be made available to the customer in the web administration
(under master data) and can be checked by the customer at any time and
can be adapted online. If the customer is not at the address given
available, in case of death, liquidation or if bankruptcy proceedings have been opened,
then FireStorm is entitled to dissolve the contract without notice and to cancel the hosting and
and/or domain names and all customer data irrevocably.
5.6 Rootservers in the customer's property must be blocked within 10
working days, otherwise the server will be disposed of. Already
Paid subscription fees will not be refunded.
5.7 FireStorm is obligated to send the subscription to the postal address, which is
to be attainable under the postal address, which is published under . Is FireStorm under the indicated
Postal address not available, in case of liquidation or if bankruptcy proceedings have been initiated
against FireStorm, then the customer is entitled to terminate the contract without notice
to dissolve.
5.8 The recovery costs of domain names already deleted are
CHF 150 for .com, .net, .org, .info, .biz Unless otherwise specified
the recovery costs of a deleted domain are always
10 times the annual fee.
6. until full payment of the delivered goods, the goods or the goods resulting from the
Product created by the goods (proportionately) property of the company FireStorm ISP.
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7. the property rights and copyrights of all from the company FireStorm ISP
remain the property of the company FireStorm ISP. The rights are
only by a written agreement on the purchase of the rights to the buyer
8. our data protection practice is in accordance with the Federal Law on
data protection (DSG) and the basic data protection regulation, the European Union
8.1 Personal data of the customer will only be collected and used as far as
they are responsible for the justification, content or amendment of the
contractual relationship are required. The customer undertakes to store this data in
to keep his online administration area always up to date.
8.2 We only use the customer's e-mail address for information letters on the
orders, for invoices and, provided the customer does not object, for
Customer care and, if desired by the customer, for own newsletters.
8.3 We do not pass on personal customer data to third parties. Except
of which are service partners, insofar as this is necessary to determine the remuneration and
settlement with the customer is required.
8.4 The customer has a right to information as well as a right to correction, blocking
and deletion of his stored data. If a deletion is required by law or
contractual obligations to keep records or other legal reasons
the data will be blocked.
9. the place of guarantee fulfilment is always in Tann. The guarantee services apply to work
and spare parts. In addition to these provisions, those of the manufacturer shall apply. Should
a warranty repair can be carried out directly at your domicile, the
Travel time of the technician (plus rate per km) charged in any case! The
Company FireStorm ISP is exempt from the warranty obligation in the following cases:
9.1. if damages result from insufficient care or wrong operation of the
Machines and equipment are created.
9.2. if changes or repairs are carried out by a person authorized by the company FireStorm ISP
were carried out by unauthorised third parties.
The company FireStorm ISP does not take over any warranty over the respective manufacturer warranty.
warranty obligation.
10. FireStorm ISP is liable for damages outside the scope of the
product liability law only, if intent or gross negligence
can be proven, within the framework of the legal regulations. The liability for
slight negligence, compensation for consequential damages and financial losses, not
savings, lost profits, lost data,
loss of interest and damages from claims of third parties against the customer are
excluded. For events of higher force, which FireStorm the contractual
considerably complicate the performance or the proper execution of the contract or
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contract temporarily or make it impossible, FireStorm is not liable.
10.1 FireStorm ISP is not liable for content, completeness, correctness etc.
of transmitted or queried data and for data, which are transmitted via FireStorm ISP
are available. FireStorm ISP does not guarantee that the
services are always accessible and that the computers on which
data stored by FireStorm ISP is always preserved.
10.2 For function of all software components after acceptance of the
Rootservers or hardware by the customer no warranty
taken over.
10.3 The customer shall notify the root server or hardware defects that occur to
Provider immediately in writing. If FireStorm ISP succeeds in
not eliminate defects for which the customer is not responsible,
the customer can reduce the rent by 1/30 per day of loss and after expiry of the
of 10 days, terminate the contract without notice.
11. the customer must make changes of address (address, telephone number and in
Email addresses) immediately inform FireStorm ISP.

11.1 FireStorm ISP is entitled to cancel the contract in case of faulty, not current or not
complete address data, the costs of the research will be charged to the customer
12. any transfer of the device to a third party under any title
(resale, renting, etc.) is prohibited until the full payment of the
purchase price is not permissible.
13) Data backup is in any case the responsibility of the customer. The company FireStorm ISP
is not liable for data loss of any kind.
14. the customer acknowledges and accepts the hosting policy.
15. the customer acknowledges and accepts the agreement on
Order data processing of personal data.
16 The place of jurisdiction for any disputes arising from this contract is Hinwil.
17. should one or more provisions of these general terms and conditions of business
null and void, this will affect the remaining terms and conditions of business, and
provisions; these remain unchanged and retain their validity.
Validity. The void provision(s) is (are) to be replaced by one that is (are) as economical as possible to replace equivalent, lawful provisions.

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hosting policy
Appendix to the GTC
Tann, in May 2018
Article 1
FireStorm ISP grants the customer a certain amount of storage space on one of its
Internet server for private or commercial use. The customer may use this
Storage space Offer, receive, send and process information. It can
in addition, all Internet services made available to him (WWW, e-mail, FTP etc.)
Article 2
Excluded from this right is any handling of information
of the following nature: pornographic text, image, film or audio material,
especially hard porn, child porn, sodomy etc. Copyright
protected or not legally acquired material such as pirated software,
Music copies, film copies, MP3 copies, etc.
Information and data that has offensive or infringing content, that
Incitement of the people or racist, fascist, or otherwise extremist ideas
as well as giving rise to fears of moral hazard, particularly for minors.
Anything that encourages the glorification of violence or serves to break the law
links to pages with material listed above and the sending of mass mailings and
SPAM mails (this includes among other things email messages with an advertising message, as well as all
automatically generated email messages, email dispatch with more than 50 recipients etc.).
The necessary work, for blocking or partial blocking of the website and/or
of the customer account are charged at the hourly rate valid on the website
and amounts to at least CHF 50.
Article 3
By using the FireStorm Services, the customer acknowledges and agrees that
FireStorm information on the customer account and the information associated with the customer account
content, if this is necessary for legal reasons, or if the content is not
is required or FireStorm is in good faith that access to this
Information that must be retained or disclosed.

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Article 4
The customer may process the information stored on the server. For this purpose he has
the right to load the server CPUs to a tolerable extent (fair-use policy) It must
the system performance and has to make more extensive calculations /
carry out loads between 24 and 6 o'clock (this also includes the dispatch of
mass mailings). FireStorm reserves the right to block customer accounts immediately,
which load the CPU with more than 50% for more than 5 minutes. The expenses for
the blocking is imposed on the customer. FireStorm offers depending on the existing
capacity the possibility to define a time window for long term loads during the
night, to the client.
Article 5
The FTP account provided by FireStorm ISP is for the sole purpose of
for the transfer of updated data to your own homepage - directory
Article 6
6.1 The client commits himself not to use the resources provided by FireStorm ISP
for the following actions:
- Unauthorized intrusion into foreign computer systems (hacking)
- the operation of a proxy server and similar programs
- Obstruction of foreign computer systems by sending/forwarding
of data streams and/or e-mails (spam/mail bombing)
- Sending e-mails to third parties for advertising purposes, unless he
may assume that the recipient has an interest in this
(e.g. on request or previous business relationship)
- the falsification of IP addresses, mail and news headers and
Dissemination of viruses.
- the operation of IRC servers and services, so-called bouncers and
BOTS are not allowed. The ports 6660 to 6670, 7000, 7001 and
9600 are blocked in the network. The blocking of further ports is reserved
FireStorm ISP.
If the client violates one or more of the mentioned obligations
FireStorm ISP is entitled to the immediate discontinuation of all services.
Claims for damages are expressly reserved.
6.2 The client must be in possession of the rights of use of the respective contents.
Furthermore the client can be requested at any time to send a written
Confirmation of the rights of use within 24 hours to FireStorm ISP GmbH
to transmit.

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Article 7
FireStorm strives to provide the service as uninterrupted as possible to
put. FireStorm does NOT provide the customer with an availability guarantee. With a
Interruption FireStorm initiates the necessary measures to prevent the interruption
as short as possible.
Article 8
FireStorm does not offer SLA (Service Level Agreements) or guaranteed
support hours. The customer commits himself in case of a failure / malfunction
to inform the supplier FireStorm immediately (at the latest after 5 working days).
Depending on the complexity of the problem, it must be expected that there are several
days until the problem is processed or solved or that the problem is not
certain problems / faults cannot be solved.
Article 9
The costs will be charged to the customer over the term determined by the customer in
Debited in advance (usually 1, 2 or 3 years, maximum 10 years) The contract renews
after expiration automatically by the duration of the contract, provided that the customer
not in writing, signed by mail or signed by fax or valid digital
signed e-mail (for example SuisseID from the Swiss Post) or e-mail with
valid digitally signed PDF (for example SuisseID from the Swiss Post) or
per successfully completed termination assistant in the web administration interface
(control panel) at least one month (30 days) before expiration and vServer and root server
can be terminated at least two months (60 days) before expiry.
FireStorm ISP will send a confirmation of cancellation after the cancellation has been made, to the address listed at
FireStorm ISP stored contact email address.
Article 10
The remaining term of a domain expires when moving to another registrar /
Provider. Domain fees already paid will not be refunded. To use the full
runtime, the domain must be registered with FireStorm
remain registered.
Article 11
FireStorm ISP reserves the right to send a customer a written offer at any time without further
information and with a period of notice of one month. For rough
Violations of this policy FireStorm ISP further reserves the right to terminate the customer and
to immediately block the information material offered by him.

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Article 12
The company FireStorm ISP is not liable for data loss. FireStorm can not be held liable
be made when services are executed with a time delay
(Data transmission speed, display of the pages, response time of the support,
server queries etc.). The full risk regarding quality and performance,
Response speed of the services are not supported by FireStorm.
Article 13
The customer has to inform the provider immediately in writing of any defects that occur. The
The client grants FireStorm ISP 3 months (90 days) time for the elimination of the defects.
If FireStorm ISP does not succeed in eliminating defects, which were not caused by the client, FireStorm ISP
the customer may, per additional day of absence (after the 90 days)
reduce the rent by 1/30.
Article 14
The FireStorm ISP Web Hosting Policy can be changed at any time and without prior
written consent of the customer. A change of the
FireStorm ISP Web Hosting Policy is available on the FireStorm ISP homepage
Article 15
Should one or more provisions of these general terms and conditions of business
void or invalid, this shall not affect the remaining provisions; this shall not affect the validity of the remaining
remain unchanged and retain their validity. The void
provision(s) is (are) to be replaced by economically equivalent, lawful
to replace provisions.