Acceptable usage for hosting services (AUHS) last updated 1 June 2021.
Acceptable usage for hosting services (AUHS)
This acceptable usage for hosting services (hereafter "AUHS") policy shall apply to all services offered by Schweizer Host Ltd. ("SHL"). By using our hosting services you accept the following AUHS completely and without any alteration.
1.Scope of application
1.1 These AUHS cover the use of hosting services which SHL provides to its customers (hereafter "Customer"). They are subject to the General Terms and Conditions (TOS&C) of SHL.
1.2 By using SHL's hosting services Customer accepts these AUHS in addition to the TOS&C. They apply throughout the entire term of use of hosting services.
1.3 If there are any discrepancies between provisions of the TOS&C and the provisions of these AUHS, the provisions of the TOS&C prevail unless these AUHS expressly provide otherwise with reference to the corresponding provision of the TOS&C.
2.Acceptable use of hosting and other services
2.1 The use of the hosting and other services may only be in accordance with the TOS&C, these AUHS, and the laws applicable in Switzerland and abroad. The following actions are expressly prohibited:
• Committing a crime (e.g., fraud, computer crime, money laundering, infringement of business secrets, document forgery, violence and threats against authorities and civil servants, unauthorized gaming, child abuse, trafficking), participating in a criminal act (collaborating, instigating, aiding and abetting), or the transferal of hosting services for the purpose of the committing of a criminal act by third parties who are under the supervision of the Customer, such as children, employees, subcontractors (hereafter "Agents").
• Disseminating or making accessible content that is against Swiss criminal law or Swiss civil law (depictions of violence, soft and hard pornography, incitement to disturb the public peace, disruption of freedom of religion and culture, racial discrimination, libel, defamation, infringement of privacy) by the Customer himself or by Agents. Soft porn may, however, be made accessible if the Customer installs effective controls that only permit those over 16 years of age to access the content.
• Unauthorized receipt, storage or dissemination of content which is protected by Swiss law (e.g., copyright, trademark, data protection, design and patent law).
2.2 Customer must take suitable precautions to prevent the illegal use of hosting services and inform SHL immediately of anything appropriate that could prevent hosting services from being misused. Notwithstanding the limitations of liability provided in #8 of the TOS&C, Customer shall indemnify SHL in full for all claims made against SHL in connection with the use of hosting services by the Customer and the individuals under the Customer's supervision. The loss or damage to be compensated includes the costs of a proper legal defense of SHL. Customer undertakes to assist SHL and the third party used by it in any proceedings. SHL is entitled to require the Customer to provide a security deposit as a precautionary measure to ensure coverage of the loss or damage. SHL may suspend the services or terminate the subscription without notice if the security deposit is not provided.
2.3 The installation of resource-intensive applications/scripts on SHL servers, resource-intensive downloads, and other resource-intensive uses of the hosting services by Customer, which might jeopardize the normal function or security of the network through which SHL provides hosting services, are allowed only with the prior written consent of SHL. SHL may at any time revoke with immediate effect a consent that has been granted, on the grounds of ensuring that its infrastructure can continue to operate, and to stop the use of such resource-intensive applications/software immediately.
Executing the following processes is prohibited in all cases:
• Peer-to-peer software
• Network scanners
• Brute force programs/scripts/applications
• Mailbombs/spam scripts
• VoIP software
• Game servers
• Bots, web crawlers, IRC servers, clients
• Terminal emulations
• Crypto-mining software
This list is not exhaustive and it is the responsibility of the Customer, prior to installing an application/script, to check whether activation is permitted by the AUHS. The Customer may, for this purpose, inquire with SHL who may at its sole discretion, grant an exception and set the terms, duration, and conditions for such exception.
3.1 Customer is responsible for the content of the messages which are sent from the Customer email accounts while using the SHL email services. Customer shall indemnify SHL if third parties assert claims against SHL in connection with the transmission of messages by the Customer or by individuals under the Customer's supervision.
3.2 Sending identical emails to a large number of addressees is prohibited to the extent that this is done without the prior consent of the addressees (opt-in), or without correctly stating the identity of the sender, or without a reference to a simple and free opt-out (a.k.a. spamming). As an exception, sending information concerning goods and services without a prior opt-in of the recipient is permitted if the recipient is already a customer of the sender and the message contains information on goods and services similar to the ones already received by the recipient as well as a reference to a simple and free opt-out (Art. 3 (1) UWG).
3.3 The use of a third party mail server as a distribution station (a.k.a. relay) for the processing of identical unsolicited email messages to a large number of addressees is prohibited.
3.4 Offering banner exchange and email exchange pages is prohibited.
3.5 Advertising web sites and services which are operated on the infrastructure provided by SHL, by means of identical, unsolicited email messages to a large number of addressees is prohibited (a.k.a. spamvertizing).
4.1 A breach of system and network security constitutes a breach for which the Customer may be liable under Swiss civil law. The limitations on liability provided in #8 of the TOS&C do not apply. If the necessary preconditions are met, Customer may also be liable under Swiss criminal law. The following actions in particular constitute such breaches of system and network security:
• Unauthorized access to or unauthorized use of data, systems and network elements, checking the vulnerability of the system or network competence without prior agreement (a.k.a. scanning), or attempts to penetrate security measures and authorization measures, without first obtaining the prior written consent of the affected party.
• Unauthorized monitoring of data traffic without the prior written consent of the competent authorities or the network owner (a.k.a. sniffing).
• Harming of SHL systems and its customers, including by mail bombs, mass mailing or other attempts to overload the system (a.k.a. flooding).
• Hacking management information in TCP/IP packets (packet headers), e.g. the TCP/IP addresses or information in the management section (e.g., address of recipients/senders), in an electronic message.
4.2 Passwords or other identifying parameters notified to the Customer are intended for personal use by the recipient and must be treated as confidential. SHL may rely on the fact that the person using an identification parameter is authorized to do so.
4.3 The Customer and his Agents must terminate use of the hosting services in accordance with the procedure recommended by SHL (for example, closing the browser by clicking on "Logout", "Sign off" or "Exit").
SHL will prosecute breaches of these AUHS in accordance with the TOS&C (see 3.2.2 and 3.2.6 of the TOS&C.)
6.Messages and alerts
6.1 Customer must inform SHL immediately of any defects, disruptions, or interruptions of hosting services, systems or software, including all cases of illegal or unauthorized use of the service by third parties (e.g. hackers), which may have come to the Customer's attention.
6.2 Messages in connection with the AUHS stipulated here must be sent to: email@example.com.
6.3 SHL reserves the right to amend these guidelines in accordance with the principles contained in the TOS&C.
If you have any questions, please email us.