It is the customer’s responsibility that the material contained on MediaConsent’s servers comply with Danish law, comply with written and unwritten ethical rules around the Internet and do not infringe any third party’s rights. Failure to comply with this and any unauthorized use of MediaConsent will result in intervention by MediaConsent and will result in the warning or cancellation of a subscription agreement and any police.
If MediaConsent suffers a loss arising from conditions for which the customer is responsible, for example as a result of the customer’s upload of software that may affect MediaConsents’ server performance, the customer is at all times liable for this loss, as well as the client to indemnify MediaConsent for any claim that may be made to MediaConsent in this regard.
It is not allowed to broadcast unsolicited commercial advertising, so-called spam, from the system and thus with MediaConsent’s mail servers to neither email addresses nor Newsgroups, cf. Section 6a of the Marketing Act. If MediaConsent receives a spam notification from a third party, MediaConsent reserves the right to suspend or cancel the subscription with immediate effect.
The customer is advised that by opening attachments received from MediaConsent’s mail servers, the customer and the customer’s customers run the risk of infecting their hardware and software with viruses. MediaConsent cannot be held responsible for any damages and losses as a result.
It is the customer’s responsibility that MediaConsent always has the correct address of the customer. In case of change of address, change of company name etc. MediaConsent must be notified accordingly. Each customer also bears the responsibility for making their own backups and backups of the material on MediaConsent’s servers.
MediaConsent must continually maintain reasonable and up-to-date protection of MediaConsent’s systems against illegal electronic or physical intrusion, vandalism, theft, hacker attacks, computer viruses and other similar security breaches that could jeopardize MediaConsent’s fulfillment of its obligations or provide unauthorized access to customer’s software, data or website. MediaConsent is obliged to comply with the applicable legislation applicable to hosting providers at all times, including comply with the rules on processing of personal data pursuant to the Data Processing Act, including the rules in section 41 (2). 3-5. MediaConsent’s processing of data may only be done according to instructions from the customer, cf. section 42 (2) of the Personal Data Processing Act. 2nd
Limitation of liability and compensation
MediaConsent is not liable for losses incurred as a result of system breakdowns, power outages, unauthorized access, disruptions or changes caused by technical or operational reasons, including one of MediaConsent’s subcontractors (eg hosting centers), or imposed by regulators.
MediaConsent is not liable for damages in connection with force majeure including, lightning, flooding, fire, strike and lockout (including MediaConsent’s own employees), network overload or failure in other people’s networks.
MediaConsent’s total liability under this Agreement is limited to an amount equal to MediaConsent’s remuneration for 12 (twelve) months of hosting services. The limitation of liability does not include claims for the return of payments made in connection with cancellation.
Terms of notice
This agreement may be terminated by the customer and MediaConsent with one month’s written notice to expire one month.
Transfer of the agreement and use of subcontractors
MediaConsent is entitled to assign and otherwise transfer rights or obligations under the Agreement to third parties. MediaConsent is entitled to include subcontractors in the fulfillment of the agreement to the extent customary and predictable for the customer at the time of conclusion of the agreement. MediaConsent shall in all respects be liable to the subcontractor in the same way as for its own circumstances.
Law choice and venue
This agreement is governed by Danish law. Disputes between the parties must be settled by the Copenhagen City Court as the chosen venue.