By using the www.abl.is web site and making use of Ablis, a service offered by Högh Digital (“the Company”), you are agreeing to be bound by the following Terms & Conditions. These Terms & Conditions cover all present and future features offered by your Ablis account, individually and collectively referred to as the “Service”.
If you are agreeing to these Terms & Conditions on behalf of a company or another legal entity, you represent that you have the authority to bind such entity, its affiliates and all users who access the Service through your account to these Terms & Conditions. In the absence of such an authority, you may not use the Service.
Users of the Service
This Service is provided exclusively to individuals who are at least 13 years of age, or to minors who have obtained parental or legal guardian consent to open and maintain an account.
This Service is provided exclusively to humans. Accounts registered by “bots”, artificial intelligence or other automated methods are not authorized and will be terminated without warning.
Each user is solely responsible for all of his or her usage of the Service.
Use of the Service
You agree to not use this Service for any unlawful or prohibited activities. You also agree to not disrupt the Ablis networks and servers.
The Company may terminate accounts which are being used for illegal activity, particularly in response to court orders from the competent authorities informing us of such illegal activity.
The Company has no obligation to store or forward the contents of terminated accounts.
Use of Shared Resources
The regular usage of this Service involves the usage of resources shared with other users, like DNS servers, redirect hosts, and similar.
The consumption of shared resources is determined by the Company. The Company is not required to justify or document such determinations.
The consumption of said resources is subject to a fair usage policy. If consumption of such shared resources exceeds 1000% of the average usage, the Company reserves the right to restrict your usage of shared resources.
In such cases, the Company will offer advice on how to reduce your consumption, or the option to pay a surcharge to cover the excessive usage, or if the consumption is particularly large, an option to purchase dedicated resources for your exclusive use.
If the Company are not able to agree on a resolution for overconsumption of shared resources, the Company reserves the right to terminate your use of the Service.
Disruption of Shared Resources
If your usage of shared resources grows so large, that it endangers the stability or availability of the Service, the Company reserves the right to suspend your usage immediately.
This could happen through misconfiguration on your part, as well as denial of service (DoS) attacks by third parties. The cause of the usage is immaterial to the enforcements of these rules.
In this circumstance, the Company will offer advice on how to reduce your resource consumption, or the Company may offer you to purchase dedicated resources to handle the load. In either case, the service will only resume once the Company is satisfied that your usage will not pose a risk to the integrity of the Service.
Limited Warranties and Liability
The Company cannot make any warranty about the reliability of the Service or guarantee the security of user data despite best efforts. The Service is provided “as is” and you agree to not hold the Company responsible nor to seek indemnification for any damages that may arise as a result of the loss of use, data, or profits connected to the performance of the Service or failure in such performance.
Furthermore, you will not hold the Company liable or seek indemnification if confidential material is unintentionally released as the result of a security failure or vulnerability in the performance of the Service.
We may make improvements and changes to the Service at any time without notice. The Company may at its sole discretion, terminate service without cause or notice.
You agree that the Company, and any parents, subsidiaries, officers, employees, or third party contractors cannot be held responsible for any third party claim, demand, or damages, including reasonable attorneys’ fees, arising out of your use of this Service.
Terms of Payment
Due to their nature, the paid Services provided by the Company are generally non-refundable and any refunds or credits given will be at the sole discretion of the Company. Paid accounts which are terminated due to a violation of these Terms & Conditions will incur the loss of all payments and credits and are not eligible for refund.
If the Company chooses to issue a refund for any reason, the Company is only obligated to refund in the original currency of payment. If you request a credit balance to be converted between different currencies which the Company supports, the Company has discretion over the exchange rate applied.
The Company has the right to discontinue service immediately if a fraudulent payment is detected, such as the use of a stolen credit card, and such cases may be further referred to the competent authorities.
You authorize the Company to charge any credit card supplied on a monthly or annually re-occurring basis. Credit balances will also automatically be deducted on a monthly or annual basis. You are responsible for keeping card information up to date.
If you fail to fulfill your obligation of payment as a user of a paid account, we may suspend your account and use of the Service.
If you rely on dispute or chargeback mechanisms of third-party payment processors and the result of that mechanism causes the Company to be liable for an amount exceeding the price paid for the service (e.g. dispute fee), you authorize the Company to charge that amount on your account.
Modification to Terms of Service
Within the limits of applicable law, the Company reserves the right to review and change this agreement at any time. You are responsible for regularly reviewing these Terms & Conditions. Continued use of the Service after such changes shall constitute your consent to such changes.
This Agreement shall be governed in all respects by the substantive laws of Switzerland. Any controversy, claim, or dispute arising out of or relating to the Agreement shall be subject to the jurisdiction of the competent courts of the Canton of Zug, the jurisdiction of the Swiss Federal Court being expressly reserved.