Terms of Visiosto Personal Server and Domain Service

Please note that this is a translation of the terms of service and does not replace the terms of service, written in Finnish. Only the Finnish terms of service are legally binding.

Updated: 6 February 2021

This agreement (‘Agreement’) governs the Visiosto Server and Domain Service and associated content and services (‘Service’) offered by Visiosto oy (‘Visiosto’, ‘we’, ‘us’, ‘our’). The parties of the Agreement are Visiosto and a natural person using and ordering the Service (‘Client’, ‘you’, ‘your’).

Please read this agreement carefully.

You agree to the Agreement by clicking ‘Agree’, by signing the Agreement electronically or by some other conventional method of signing, or by using other industry standard mechanism during the subscription process and ratify the Agreement when using any aspect of the Service. If you don’t agree to the Agreement, you may not use the Service. We may change or amend this Agreement. Any such change or amendment will be effective thirty (30) days following our dispatch of a notice to you. If you don’t agree to any change to this Agreement, you must discontinue using the Service.

List of sections

  1. Client eligibility, liabilities, and responsibilities
  2. Subscription terms
  3. Restrictions
  4. Terms of service
  5. Terms of use
  6. Suspension and termination
  7. Additional provisions

1. Client eligibility, liabilities, and responsibilities

a. Eligibility and age limitations

Only people 18 years old or older may register for and use the Service. The Service is only offered to natural people. Companies, associations, and other groups may not register for or use the Service by the Agreement. People under 18 years old cannot register for the Service and aren’t allowed to give their personal data to Visiosto. You may diverge from this limitation only with an explicit guardian’s permission and separate agreement.

b. Registering

The Client registers for the Service by providing certain information that Visiosto requires for the Service, for registering for it, and for using it (e.g. names, first name, last name, date of birth, valid email address, valid phone number, billing or invoicing method, valid billing address, and other information) during the registration process and by agreeing to the Agreement. You must provide Visiosto with sufficient and correct information for delivering the Service and contribute as best as you can to delivering the Service. Only those who have registered for the Service as described in the Agreement are eligible to use the Service. Visiosto provides you with the Service you registered for and the possible usernames and passwords required to use the Service (‘Credentials’). Visiosto has the right to, if necessary, change the Credentials by informing you. You’re responsible for maintaining the confidentiality and security of your Credentials and for all activities that occur on or through your Credentials. Visiosto has the right to charge you according to the effective rates when the changing of the Credentials happen by your request. You agree to store your Credentials securely and to never hand over your Credentials to a third party. You agree to immediately notify Visiosto of a third party obtaining your Credentials and of any unauthorized use of the Credentials. Visiosto isn’t liable for any damage or other liabilities that are caused by unauthorized use of the Credentials. The Service is delivered from the moment when Visiosto informs you that the Service is usable or in use. You have accepted the delivery if you don’t make a complaint in writing immediately, at the latest within seven (7) days, after Visiosto has informed you that the Service can be used or is in use. If the Agreement is cancelled or terminated, you are responsible for any charges for the Service, for registering for it, and for delivering it, nevertheless the termination of the Agreement or the end of the use of the Service.

c. Notices

Any notices Visiosto delivers to you may be made as follows: (i) by email to the last email address provided by you, (ii) by text message or common instant messaging platform to the last phone number provided by you, or (iii) by mail to the last address provided by you. Visiosto has the right to choose which method it uses to deliver the notices. You agree to read and familiarize yourself with the notices and to act accordingly. You agree to give and maintain up-to-date and complete information, including your contact details, for notices and other communication. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s Credentials or other information, or provide false details. You agree that we may take steps to verify the accuracy of information you provide.

2. Subscription terms

a. Subscription and renewal

Your subscription of the Service begins from the day when the Service is delivered as described in Section 1(b). The subscription period is 12 months, if not otherwise agreed. The subscription is renewed automatically when the subscription period ends if the subscription isn’t cancelled as described in the Agreement. Visiosto reserves the right to change the pricing of the Service and, in the event of a price change, will notify you in thirty (30) days in advance of the change. If you don’t wish to accept a price change, you may cancel your subscription in accordance with the Agreement. If you don’t cancel your subscription after the price change takes effect and prior to the start of your new subscription period, your subscription will be renewed with the price in effect at the time of the renewal, without any action by you, and you authorize Visiosto to charge your payment or billing method for these amounts. You’re responsible for all third-party internet access charges in connection with your use of the Service. Please check with your internet provider for information on possible internet data usage charges.

b. Cancellation

You can cancel your subscription at any time, but at least one (1) month before the end of the current subscription period. The cancellation will take effect at the end of the current subscription period, and the Service works normally until the end of the current subscription period. To cancel your subscription of the Service, send a written notice of your cancellation to Visiosto at email address info@visiosto.fi. Please make ‘Server and domain service cancellation’ the subject of your email and include your name and date of birth in your email.

c. Payments and payment and billing details

When registering for the Service, you can choose billing or some other payment method provided by Visiosto as your payment method. You may change your payment method by separate agreement with Visiosto. If your payment method is billing, Visiosto will keep your billing information. You may receive invoices by email or by mail. You’re responsible for keeping your billing information up to date by informing Visiosto about changing or changed details. If your payment method is something else than billing, Visiosto will keep your payment details, like credit card number and expiry date and other possible information. You’re responsible for keeping your payment details up to date by informing Visiosto about changing or changed details. Visiosto may, according to the payment or billing method, charge a fair fee for the payment or billing according to the prices in effect. You agree to authorize Visiosto to continue charging for the Service with the up-to-date details. During the registration, you may choose the length of the billing period, according to which Visiosto determines the sum of the payment or the invoice. Visiosto charges you the fees for a billing period typically in a reasonable time before the beginning of the billing period or in the beginning of the billing period. However, Visiosto may charge you the fees for a billing period when it sees fit while trying to follow the chosen billing periods. You may change the length of the billing periods with a separate agreement with Visiosto. If you fail to pay for an invoice before its due date and after an invoice reminder and an invoice notice, if a payment isn’t successfully authorized due to expiration, insufficient funds, or otherwise, or if a payment fails for any other reason, Visiosto may suspend or terminate your subscription by giving you a notice. Visiosto has the right to charge you interest for late payments according to the Interest Act (633/1982), with interest as it’s described in the Act, and charge you collection fees according to the effective prices and other fees caused by late payments.

d. Bundled subscriptions

Visiosto may offer Service subscription bundled with with other services, including subscriptions to third-party products and services. Third-party subscriptions, products, and services are governed by terms of use issued by those third parties.

3. Restrictions

a. Material shared through the Service

You’re fully reponsible for all material shared through the Service, delivered to Visiosto, transferred to the Service by you or a third party, collected and stored by you or a third party, and otherwise given to Visiosto for the Service. You’re responsible that you have the right to use all of the material and that the material doesn’t cause disruption to network traffic or violate the copyright or other rights of third parties, breach laws or other regulations and isn’t against good practices. Visiosto has the right to remove any material that breaks or Visiosto has reason to believe breaks the Agreement.

b. Restrictions on use of the Service

You may not and agree not to:

i. modify the Service, excluding the parts of it that are explicitly meant for you to modify;

ii. move, decompile, reverse-engineer, disassemble, or otherwise reduce the source code of the Service to a human-readable form;

iii. resell the Service;

iv. bypass, modify, defeat, temper with, or circumvent any of the function or protections of the Service;

v. damage, disable, overburden, or impair the Service;

vi. use the Service in any unlawful manner, for any unlawful purpose, or in any manner incosistent with this Agreement;

vii. move the Agreement or the Service to a third party;

viii. share your Credentials with third parties; or

ix. otherwise allow third parties to violate the above restrictions.

c. Violations

Any attempt to perform any of the restrictions listed in Sections 3(a) and 3(b) is a violation of this Agreement.

4. Terms of service

a. Content

The Service contains a domain that Visiosto registers and maintains for you, a domain name server that Visiosto maintains for you, and a server or a server space that Visiosto maintains for you for serving your website to the internet. Visiosto may produce the Service as it sees fit. Visiosto has the right to use subcontractors and other partners for producing and delivering the Service. The contents of the Service may be tailored in its possible order confirmation and in its possible service descriptions. Visiosto reserves the right to alter and change the contents of the Service by informing you of it in advance. Visiosto also has the right to alter and change the contents of the Service without notifying you in advance if it’s required for, for example, security reasons or other reasons. In that case Visiosto tries to notify you fast afterwards. Visiosto charges you for alterations and changes made by your requests according to the effective prices at the same time Visiosto charges you for the current billing period.

b. Damages

Visiosto isn’t liable for any indirect or implicit damages caused by the Service, for example loss, decrease of production or revenue, or damage caused by suspension or termination, commitments with third parties that cannot be fulfilled or any other unexpected cause. Visiosto isn’t liable for any destruction, disappearance, or changes of your files or any damage or costs caused by those, like costs for recreating files.

c. Errors

There’s an error (‘Error’) if the Service fundamentally differs from what is described in this Agreement or fundamentally differs from what is described in a possible service description and the difference fundamentally harms the functionality or use of the Service. If an Error occurs, you have to make a complaint in writing within seven (7) days from when you acknowledged or should reasonably have acknowledged the Error. Visiosto fixes possible Errors as soon as is reasonably possible. Visiosto isn’t liable for fixing Errors that are caused by your actions, for example misuse, incorrect usage, usage that doesn’t comply with this Agreement, a change that you have made, or a change or fix you had a third party make. Visiosto isn’t responsible for interference, unauthorized use, or similar actions from the World Wide Web or other sources towards you, the Service, or your information systems. Visiosto isn’t liable for disruption, damage, or Errors caused by viruses.

d. Force majeure

It is possible that the Service or some part or parts of it aren’t available, functioning, or otherwise function as expected at any given time including (i) during any maintenance or update periods, (ii) any power or server outages, (iii) as a result of war, riots, strikes, or social unrest; or (iv) as a result of other matters beyond the control of Visiosto or third party partners (‘Force majeure’). Visiosto will take reasonable efforts to provide you with as much prior notice as possible of service interruption. Visiosto has the right to temporarily suspend the Service if it’s necessary for installation, fixing, maintenance, or any other work or security threat or if legislation or regulation requires it. Where the Service is unavailable, not functioning, or otherwise not functioning as expected for reasons beyond the control of Visiosto or third party partners, Visiosto will have no liability to you. Visiosto may have to remove certain features or functionalities of the Service or remove devices or platforms from being able to access the Service. Visiosto does its best to let you know of any of these changes, usage rules and restrictions but you acknowledge that Visiosto may do so in its sole discretion at any time without notice.

5. Terms of use

a. Compatible technology

The use of the Service requires you and third parties using the Service via the internet (‘Public’) to have compatible technology and devices to work, and certain software may require updates from time to time. The technology used may have an effect on the use of the Service. If changes to the Service require changes to your or the Public’s devices or software, Visiosto isn’t liable for those changes. Visiosto isn’t liable for possible interruptions caused by changes to the Service. The Service requires you and the Public to have an internet connection to work.

b. Intenet connection

If your Service’s internet traffic or use of other resources essentially differs from usual use or use as described in a possible service description, Visiosto has the right to review and change the fees charged for the Service to match your use. Visiosto notifies you of the price change fourteen (14) days prior to the price change. Visiosto has the right to prioritize traffic and use of resources and terminate the Agreement in these cases.

c. Availability

For the technology used in the Service, it’s possible that the functioning of the Service is sometimes and in some places temporarily hindered.

6. Suspension and termination

a.

You agree that Visiosto may, in its sole discretion and without advance notice or liability to you, restrict, suspend, or terminate your Service or a part or parts of it if Visiosto believes you’re using or have used the Service in material violation of the Agreement or applicable law or regulations or in any manner other than for their intended purpose and in accordance with all other guidelines and requirements applicable thereto. Without limiting the foregoing, Visiosto may restrict or suspend your Service for cause and upon reasonable notice to you, which may be communicated electronically. The causes include (i) requests from law enforcement or other government authorities, (ii) unexpected technical issues or problems, (iii) data security threat, or (iv) if Visiosto reasonably believes that your Services is registered for fraudulently, your Service has been used fraudulently, or anyone uses your Service to commit fraud or for any purpose other than its intended purpose and in accordance with all of the requirements applicable thereto. Visiosto also reserves the right, after notice to you, to terminate your Service if it has remained inactive for one year.

b.

Upon termination of your Service, whether terminated by Visiosto or at your request (other than a cancelletion of your subscription, in which case your subscription will continue to the end of the subscription period), you immediately lose the right to access the Service.

7. Additional provisions

a. Intellectual property

Property rights and all of the intellectual property rights for the Service, its documentation, and copies, modifications, and translations of them belong to Visiosto and third parties.

b. Confidentiality obligation

You agree to the confidentiality of everything related to this Agreement, the Service, and its pricing. You’re liable that your employees, subcontractors, and other parties follow these terms regarding the Service. The information remains confidential even after the Agreement is terminated.

c. Contact details

You may contact Visiosto as follows:

by phone at: +358 50 544 7406

by email at: info@visiosto.fi

by post: c/o Antti Kivi, Sammonkatu 12 B 28, 00100 HELSINKI

d. Prices

The effective prices are available at visiosto.fi/hinnasto (visiosto.fi/en/pricing).

e. Exemption from liability

You have certain legal rights with respect to the Service and nothing in this Agreement affects those rights. Except as required by law or as expressly stated by Visiosto, Visiosto, its affiliates, and service providers (collectively ‘Service Parties’) don’t offer and expressly disclaim any promises or guarantees in relation to the Service. You and not the Service Parties assume the entire cost of all necessary servicing, repair, or correction occasioned by use of the Service, except where any damage to a device or other digital content belonging to you is as a result of the supply of the Service and such damage is of a kind that would not have occurred had Visiosto exercised reasonable care and skill, in which case the limitation in Section 7(f) shall apply in respect of such damage.

f. Liability limitation

To the extent not prohibited by applicable law, in no event shall the Service Parties be liable for any personal injury, or any indirect, special, incidental or consequential damages of any kind, including lost profits and property damage, even if Visiosto was advised of the possibility of such damages, that result from the use of, or inability to use the Service, however caused. Nor shall Visiosto be held liable for delay or failure in performance resulting from causes beyond its reasonable control. In no event shall Visiosto’s total liability to you for all damages, losses, and causes of action exceed the subscriptions fees of the Service for one (1) month. The liability limitations in this section apply under any legal theory (tort, contract, breach of warranty, strict liability, or otherwise) and even if the Service Parties have been advised of the possibility of such damages.

g. Jurisdiction

Any dispute between you and Visiosto shall be settled by District Court of Helsinki.

h. Choice of law

This Agreement and any dispute or claim arising out of or in connection with this Agreement are governed by and construed in accordance with the laws of Finland.

i. Severability

If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. You and Visiosto shall replace the unlawful, void, or unenforceable part by provisions which are valid and binding and the effect of which given the contents and purpose of this Agreement, are, to the greatest extent possible, similar to that of the invalid, void, or unenforceable part.

j. Survival

The provisions of this Agreement which by their nature should survive the termination of this Agreement shall survive such termination.