GENERAL volkapro
This Terms of Use (this “Terms”) is entered into by and between volkapro
of this website (“Site”) or the date of electronic acceptance. This Terms sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services. Whether you are simply browsing or using this Site or purchase Services, your use of this Site and your electronic acceptance of this Terms signifies that you have read, understand, acknowledge and agree to be bound by this Terms, along with the following policies, including Privacy Policy and the applicable product Terms, which are incorporated herein by reference below.
The terms “we”, “us” or “our” shall refer to Company. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Terms, has access to your account or uses the Services. Nothing in this Terms shall be deemed to confer any third-party rights or benefits. Company may, in its sole and absolute discretion, change or modify this Terms, and any policies or terms which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Terms as last revised. If you do not agree to be bound by this Terms as last revised, do not use (or continue to use) this Site or the Services. In addition, Company may occasionally notify you of changes or modifications to this Terms by email. It is therefore very important that you keep your shopper account (“Account”) information current. Company assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.
1. Definitions
Hereinafter in the text, following definitions shall be set and apply:
Affiliate
means, with regard to any entity, any other entity that (directly or indirectly) Controls, is controlled by, or is under common Control with such entity.
API
means the application programming interface (or similar technology), through which Customer can access or communicate with Company and/or Company’s Equipment.
Bandwidth
means the amount of data that is be carried from one point to another in a second, expressed in bits per second (bps).
Basic Power
means the limit that has been set for Customer’s use of electricity, on the basis of the Services Specifications, as specified in the Contract Overview, measured in amperes.
Billing Cycle
means the frequency that Company sends the invoices to the Customer as part of the Sales Contract.
Business Day
means Mondays to Fridays, with the exception of official public holidays.
Confidential Information
means all information not publicly known used in or otherwise relating to the contract, the business or affairs of a Party or an Affiliate of such Party and disclosed (whether in writing, verbally or by any other means and whether directly or indirectly) by the Disclosing Party to the Receiving Party whether before or after the Contract Start Date.
Contract Overview
means an order confirmation notification from Company to Customer made via email, through the Customer Portal or otherwise, to notify Customer that Customer’s Order has been formally accepted by Company and is thereby formally a Contract. The Contract Overview shall set out the Services and/or Equipment Customer purchased or leased from Company and the relevant Sales Terms and Conditions.
Contract Start Date
means the date on which the Sales Contract becomes effective and the Sales Contract Term commences, as specified in Company’s Contract Overview.
Contract End Date
means the agreed last date of the Sales Contract Term, including any renewals.
Customer
means any legal entity or natural person acting as a business professional (i.e. not as a consumer) entering into any Sales Contract, Order, Quotation, trial, beta test, with respect to the provision of services by Company
Customer Balance
means a credit, calculated in accordance with the Support and Service Levels, applied to Customer’s account, and to be used as credit against future invoices.
Customer Portal
means the online services portal operated by Company, identified by Company, incorporated under the laws of The United Kingdom, with its registered seat at London, The United Kingdom.
Data Center
means a data center out of which or within which Company provides Services.
Data Traffic
means the sum of data that is transmitted to and from Customer’s infrastructure, measured in Bytes.
Dedicated Equipment
means Equipment leased from time to time by Customer from Company pursuant to the Sales Contract.
Delivery Date
means the date on which Company enables Customer to use the Services for the first time, or the date on which Company delivers the Equipment that is leased or sold by Company to Customer.
Disclosing Party
means the Party that discloses Confidential Information to the Receiving Party.
Dispute
means any claim, controversy, or dispute concerning questions of fact or law arising out of or relating to these Sales Terms and Conditions or the Sales Contract or the performance of either Party hereunder, or to the threatened, alleged or actual breach thereof of either Party.
Emergency
means any situation which poses an immediate risk to: a person or persons; the Data Center; the provision of one or more of the Services; the Equipment; and/or the provision of Services by Company to other customers.
End User
means any client of Customer or other user of Customer’s services, as well as any other person or (legal) entity who obtains access to Services via Customer.
Equipment
means any equipment, including but not limited to: computer hardware, telecommunications hardware, Interconnection Points, accessories, attachments, alterations of and spare parts for that equipment.
Fees
means the surcharges, Services fees, costs, prices and expenses payable under the Sales Contract by Customer to Company for the provision of Services and the same arising out of Customer’s use of the Services, including non-recurring Fees, set out in the Services Specifications and the Contract Overview.
Force Majeure
means any event outside the reasonable control of a Party affecting its ability to perform any of its obligations (other than the Customer’s payment and financial obligations during the applicable Term) under the Sales Contract, including: acts of God; acts of terrorists; acts of war; outbreak of hostilities; sabotage; civil disorder; riots; acts or demands of any (local) government or government agency; strikes or other labour unrest; fires; floods; earthquakes; storms; lightning, any interruption in the supply of electrical energy to the Data Center; restrictions related to an outbreak of disease (such as formally by local government and/or medical authorities established viruses; pandemics); epidemics; shortage of materials; unavailability or delay in delivery not resulting from the responsible Party’s failure to timely place orders therefore; equipment failures; lack of or delay in transportation; failure of a third party to grant a required right-of-way permit, assessment or other required authorization; acts or omissions of vendors or suppliers; changes in law or government policy; and other unforeseeable circumstances, provided however that the Customer i) has no right to refer to Force Majeure for any event that the Customer could have reasonably known or been aware of prior to requesting Company for an order or quotation and/or entering into a Sales Contract, any labour problems or strikes relating to the workforce of Customer or its suppliers or subcontractors, whereby such events shall not be included or referred to as Force Majeure.
Fraud
means a false representation of a matter of fact whether by words or by conduct, by false or misleading allegations, or by concealment of what should have been disclosed that deceives and is intended to deceive another so that the individual will act upon it to her or his legal injury.
GDPR
means Regulation 2016/679/EU of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
Intellectual Property Rights
means any patent, copyright, trademark, trade name, service mark, moral right, database right, trade secret, knowhow and any and all other intellectual property right whether registered or not or capable of registration and whether subsisting in the country of Company’s principal place of business or any other part of the world together with any and all goodwill relating thereto.
Interconnection Point
means a port on Company’s switch and/or router and/or firewall and/or load balancer located in the Data Center, at which point the responsibility of the data stream transport is transferred from Company to Customer.
Invoice
means a document presented to the customer before or after supplying the goods or services, that can be annulled with a credit note if issued incorrectly.
Maintenance
means maintenance, repairs, modifications or upgrades performed by Company from time to time on the Network.
Maintenance Window
means the timeframe in which Company schedules the performance of Maintenance.
Network
means the telecommunications network, which is comprised of all infrastructure Equipment (i.e Equipment that supports the flow and processing of information, including storage, servers and networking components) owned or leased by Company within each active Company POP or Company’s Affiliates POP, all Company wiring within each active Company POP or Company’s Affiliate’s POP, power supplies owned or controlled by Company in each POP, and all telecommunications circuits owned or leased by Company between active Company POPs and active POPs of Company’s Affiliates. For the avoidance of doubt: the Network does not include Equipment owned, leased, or controlled by Customer, telecommunications circuits or networks (including, without limitation, local access loops) between a Company POP and a Customer location or between Customer locations, interconnections between Customer’s network and the Network, or any networks, network equipment, or telecommunications circuits not owned or controlled by Company.
Notice
means a message of one Party to the other Party in writing by registered postmail, email sent and received by a legally authorized representative of each of the Parties.
Order
means the Customer request submitted to Company for certain Services by means of the Company webshop, Customer Portal or by means of the Quotation signed for acceptance by the Customer, both pending and subject to Company acceptance for order confirmation.
Parties
means Company and Customer, each a “Party”.
Payment
means a delivery of money, or its equivalent in either specific property or services, by a debtor to a creditor.
Payment gateway
means an electronic payment system or platform which enables the transmission and/or processing of Payment Instructions for the purpose of effecting real-time electronic and/or on-line payments as may from time to time be specified by the Bank.
Personal Data
means any information that relates to an identified or identifiable living individual.
Policies
means the Sales Contract Schedules applicable to the Sales Contract including policies and guidelines applied by Company in its relationship with Customer.
POP
means a ‘point of presence’, i.e. an access point to the Internet.
Receiving Party
means the Party that receives – or is granted access to Confidential Information by the Disclosing Party.
Refund
means an action of a pay back by the party who has received certain amount of money, to the party who has paid it, according to the established terms in contract.
Service(s)
means the services to be provided by Company to Customer, as agreed per Sales Contract and specified in the Contract Overview.
Services Specifications
means the Sales Contract Schedule in which Company has set out and specified the services offered by Company, as well as the manner in which the services should be used, which document may be amended from time to time.
SLA
means the Sales Contract Schedule in which Company has specified the available Service Levels, which document may be amended from time to time.
Test
means a trial or test performed in order to verify and ensure the proper performance thereof.
Ticket
means a customer’s appeal to the administration of the Company in a certain way via website tools or any other source of digital appeal.
2. Eligibility; Registration and Account Security
The Services are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to the Services by anyone under eighteen (18) is unauthorized and in violation of this Terms. By registering for or using the Services, you represent and warrant that you are eighteen (18) years of age or older.
If you use the Services on behalf of another party, company or other organization, you represent and warrant that you are authorized to bind such party, company or organization to this Terms and to act on behalf of such party, company or organization with respect to any actions you take in connection with the Services.
You agree to provide accurate, current and complete information about you and your organization (if applicable) as prompted by the registration forms, maintain the confidentiality of your password and other information related to the security of your account; maintain and promptly update the Registration Data and any other information you provide to Company, to keep such information accurate, current and complete, and be fully responsible for all use of your account and for any actions that take place through your account.
You acknowledge and accept that despite the security measures Company takes in connection with the Services, Company’s system and/or Subscriber Websites (as defined below) may nonetheless become compromised, including without limitation, by hackers, Internet viruses, worms or Trojan horses, or the like. Under such circumstances, Company may take corrective action as it deems appropriate in its sole discretion and you acknowledge and agree that Company shall have no liability to you for any damage or loss that you may incur due to such corrective action.
3. Dedicated Servers
Company reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our system operations and security teams. It is your responsibility to ensure that there is a valid email address and current root password on file for your dedicated server to prevent downtime from forced password resets. Company reserves the right to audit servers as needed and to perform administrative actions at the request of our teams.
4. Company Content
Except for Subscriber Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, « Company Content »), are the property of Company or its licensors. No Company Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Terms. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Company Content. Any use of the Company Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to your use of the Services and the Company Content granted herein. All rights of Company or its licensors that are not expressly granted in this Terms are reserved to Company and its licensors.
5. Subscriber Content
You may be able to upload, store, publish, display and distribute information, text, photos, videos, emails, and other content on or through the Services (collectively, “Subscriber Content”). Subscriber Content includes any content posted by you and users of any of your websites hosted through the Services (“Subscriber Websites”). You are solely responsible for any and all Subscriber Content and any transactions or other activities conducted on or through Subscriber Websites. By posting or distributing Subscriber Content on or through the Services, you represent and warrant to Company that you have all necessary rights to post or distribute such Subscriber Content, and your posting or distribution of such Subscriber Content does not infringe or violate the rights of any third party.
You acknowledge and agree that Company may, but is not obligated to, monitor Subscriber Content and may immediately take any corrective action in Company’s sole discretion, including without limitation removal of all or a portion of the Subscriber Content, and suspension or termination of any and all Services without refund of any pre-paid fees. You hereby agree that Company shall have no liability due to any corrective action that Company may take, including without limitation suspension or termination of Services.
You hereby grant to Company, to the extent necessary to provide the Services, a non-exclusive, royalty-free, worldwide right and license to use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute Subscriber Content and the Subscriber Website; and make archival or back-up copies of the Subscriber Content and the Subscriber Website. Except for the rights expressly granted above, Company is not acquiring any right, title or interest in or to the Subscriber Content, all of which shall remain solely with you.
6. Payment Card Industry Security Standard Disclaimer
Company complies with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of your data and billing information. However, you are solely responsible for the security of the data and billing information you collect on your Subscriber Website. Company will not monitor Subscriber Websites for compliance and therefore we are not able to verify whether your Subscriber Website complies with the PCI Standard.
7. Compliance with Applicable Law
You agree to comply with all applicable laws, rules, and regulations, including without limitation all local rules where you reside or your organization is located regarding User Content, User Websites, online activities, email and your use of the Services. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United Kingdom or the country in which you reside. The Services are controlled and operated by us from our offices within the United Kingdom (although we may share data with third parties around the world to assist us in providing the Services as further described in our Privacy Policy) and we make no representation that the Services are appropriate or available for use in other locations. Those who access the Services from other locations do so at their own initiative and risk, and are fully responsible for compliance with all applicable laws in those locations. We do not offer the Services where prohibited by law.
For the purposes of European Directive 95/46/EC, the General Data Protection Regulation 2016/679) (“GDPR”) and any applicable national implementing laws in your jurisdiction, and with respect to your subscribers’ or customers’ personal data, you acknowledge and agree that you are the Controller (as that term is defined in the GDPR), and we are a Processor (as that term is defined in the GDPR) insofar as you may store personal data through your use of our Services only as permitted and subject to the terms of this Terms. You also acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law (including the GDPR).
To the extent the GDPR applies to you, you represent and warrant that in using our Services, you will clearly describe in writing how you plan to use any personal data collected and you will ensure you have a legitimate legal basis to transfer such personal data to us and that you have the necessary permission to allow us to receive and process (e.g., store) such personal data on your behalf. The additional data processing terms set forth in Privacy Terms shall apply where you are a Controller subject to the GDPR.
8. Additional User Responsibilities
You will be solely responsible for all activities conducted on or through a Subscriber Website, including any transactions or interactions with end users of a Subscriber Website. You will be solely responsible for providing such end users with any required disclosure or explanation of the various features of the Subscriber Website and any goods or services offered thereon, as well as any terms of use and privacy policy for the Subscriber Website.
You will cooperate fully with Company in connection with Company’s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for you to use the Services. Delays in your performance of your obligations under this Terms will extend the time for Company’s performance of its obligations that depend on your performance.
You will be solely responsible for ensuring that all Subscriber Content and Subscriber Websites are compatible with the hardware and software used by Company to provide the Services, which hardware and software may be changed by Company from time to time in its sole discretion.
You will use your best efforts to ensure that the Subscriber Content is and will at all times remain free of all computer viruses, worms, Trojan horses and other malicious code.
You will not use the Services in any manner, as determined by Company in its sole discretion, that:
engages in or promotes illegal activity;
engages in or promotes behavior that is defamatory, harassing, abusive or otherwise objectionable;
infringes the intellectual property rights or other proprietary rights of any third party;
violates the privacy rights or publicity rights of any third party;
interferes with the operation of the Services; or
violates the terms and conditions of this Terms or any of the policies or Terms incorporated by reference herein.
9. Third Party Websites
The Services may contain links to other websites that are not owned or controlled by Company (« Third Party Sites »), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (« Third Party Content »). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Services or any Third Party Content posted on or made available through the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of the Third Party Sites or the Third Party Content. If you decide to access the Third Party Sites or to access or use any Third Party Content, you do so at your own risk and our terms and policies do not apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate.
10. Payment
Fees Due. You will pay to Company all fees for the Services set forth in the registration form presented to you at the time you order the Services. All fees are non-refundable when paid except as otherwise provided herein.
US servers must be paid 15 days before the end of the lease term, upon invoicing. If you are unable to pay for the service on time – create a ticket and notify us. In the event of the invoice is not paid, we reserve the right to issue a refusal from further renewal in the data center.
VPS and DE, RU, UA, NL3 servers must be paid before the lease expiration date. If you are unable to pay for the service on time – create a ticket and notify us and we will provide you with a delay.
Invoices for services are issued 15 days before the end of the rental period and are paid automatically if there are enough funds on the balance sheet. The invoice must be paid by the date indicated on the invoice.
In case of non-payment, we suspend the operation of your servers / VPS in the following terms:
shutdown of servers US1, US2 – on the day of the end of the lease, we recommend that you monitor the timely payment, since in case of late payment it will be impossible to restore the server
shutdown of servers DE, RU, NL3 – after 72 hours, deletion if necessary after 24 hours after shutdown
shutdown VPS – after 3 days, deletion (without the possibility of recovery) after 30 days or earlier, if there is a need to release resources
The penalty for late payment of the invoice – 10% of the cost of the server or VPS is charged after 15 days of delay.
We do not use a recurring payment system on our website.
In case of suspension the provisioning of the Services due to non-payment, delay in payment, payment is due on all days when the provision of the Services was suspended.
11. Pricing
Company may change our prices from time to time. Company may increase the fees for the Services as permitted in the applicable Service description published on the Company website or in a promotional offer (collectively, the “Service Description”), and at any time on or after the expiration of the Initial Term by providing at least thirty (30) days prior written notice to you. Written notice may be in the form of notices and updates provided through the Subscriber billing tool provided as part of the Services, notices and updates otherwise provided through the Services, or pricing notifications for renewal terms sent via email. It is your sole responsibility to periodically review all billing-related information provided by Company through the Subscriber billing tool or other methods of communications and notices sent or posted by Company.
12. Taxes
The advertised fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services provided hereunder. All such taxes may be added to Company’s invoices for the fees as separate charges to be paid by you.
13. Add-On Services
If you purchase certain add-on services from Company such as Domain Privacy, SSL certificates, or security services, you may be required to apply the Service to a specific domain name to begin using the Service. Company is not responsible if you fail to apply an add-on to a domain name and will not provide refunds for any purchased but unused Services.
14. Disputes
You have ninety (90) days to dispute any charge or payment processed by Company. If you initiate a chargeback, there may be a minimum charge plus applicable taxes to reactivate your account and we reserve the right to suspend your account for the duration of the dispute. Hosting accounts that have an open dispute may be disabled for security purposes.
15. Fraud
It is a violation of this Terms for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. We may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government and law enforcement authorities, credit reporting services, financial institutions, and credit card companies.
16. Termination and Non-Payment
16.1. Failure to Pay
If you fail to pay the fees due for the Services, we may suspend or terminate your Services and pursue any collection costs incurred by Company, including without limitation, any arbitration and legal fees and Company’s reasonable attorneys’ fees. If any check is returned for insufficient funds, Company may impose a minimum processing charge plus any applicable taxes. Accounts will not be reactivated until all outstanding amounts are paid. We are not responsible for any deleted or lost Subscriber Content that results from any suspension or termination of the Services.
Dedicated servers: once the Dedicated Servers are overdue, we will not automatically activate the Dedicated Servers. Contact the Company’s technical support department via Ticket to discuss options for reactivating the Dedicated Server.
16.2. Termination Procedure
You may terminate the Services you have purchased at any time during the Term by submitting a request to the technical support department. A cancellation request is subject to verification of ownership of the account and/or domain, as determined in the sole discretion of the Company. In the event of such cancellation, you must pay all fees and charges accrued prior to the entry into force of such cancellation, in accordance with the terms of the offer. Upon account deletion, all Client Content will be permanently deleted from the server. Please backup all Client Content before contacting the Company and canceling your account.
16.3. Termination by Company
Company may terminate your access to the Services, in whole or in part, including deletion or confiscation of all files, content, and/or domain name registrations, without notice in the event that: you fail to pay any fees due hereunder to Company, you violate the terms and conditions of this Terms, your conduct may harm Company or others, cause Company or others to incur liability, or disrupt Company’s business operations (as determined by Company in its sole discretion), you are abusive toward Company’s staff in any manner, or for any other lawful reason, including to comply with applicable law, or as otherwise specified in this Terms. In such event, Company will not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.
17. Modification of Services
Company reserves the right to modify, change, or discontinue any aspect of the Services at any time.
18. Data Deletion
18.1. Shared Hosting Accounts
Upon termination of the Services for any reason, Subscriber Content, Subscriber Websites, and other data will be deleted.
18.2 VPS and Dedicated Accounts
We do not bear any responsibility for the consequences caused by the blocking, deletion of the Client’s Content, the Client’s websites from the Dedicated Server or VPS in case of late payment. Blocking and deletion in such cases is the sole responsibility of the Client.
19. Refund Policy
All products are sold « as is ». It is your sole responsibility for your purchase and no refunds will be possible.
If you have any doubts, we recommend using the free trial period.
For some of our products, we may offer an exchange. You can contact us within 7 days from the date of purchase if you would like to exchange your purchase for a product of equal or lesser value. If you choose to exchange your purchase for an item of lesser value, the price difference cannot be refunded. In case of early termination of the « VPS » service, Dedicated servers of the « NL3 » / « RU » line, the balance of the paid funds can be returned to the Balance of the Client’s personal account in agreement with the administration, while the cost of installing the operating system in the amount of $35 will be deducted from the refund amount. In addition, the cost of software licenses will be deducted from the refund amount.
19.1. Refund from the Client’s balance
Refunds from the personal account balance are not possible. The balance can only be used to pay for our services.
20. Third Party Services
Company is a reseller or licensor of certain third party products and services (collectively, « Third Party Services ») including without limitation as sold through the Company. Your purchase and use of Third Party Services are generally subject to the applicable third party’s terms and conditions. Company is not responsible for any changes in the Services that cause any Third Party Services to become obsolete, require modification or alteration, or otherwise affect the performance of such Third Party Services. Any malfunction or manufacturer’s defects of Third Party Services either sold, licensed or provided by Company to you or purchased directly by you and used in connection with the Services will not be deemed a breach of Company’s obligations under this Terms. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Third Party Services are limited to those rights extended to you by the manufacturer of such Third Party Services. You are entitled to use Third Party Services supplied by Company only in connection with your permitted use of the Services unless otherwise expressly provided.
21. Internet Protocol (IP) Address Ownership.
If Company assigns you an Internet Protocol (« IP ») address for your use, you shall have no right to use that IP address except as permitted by Company in its sole discretion in connection with the Services during the Term. Company shall retain ownership of all IP addresses assigned to you by Company, and Company reserves the right to change or remove any and all such IP addresses in its sole discretion.
22. Resource Usage
Dedicated and VPS usage is limited by the resources allocated to the specific plan that you have purchased.
22.1. Acceptable Use Policy
Hosting space is intended for use in accordance with Company’s Acceptable Use Policy, and is limited to Web files, active e-mail and content of the hosted Subscriber Websites, not for storage (whether of media, e-mails, or other data). Hosting space further may not be used as offsite storage of electronic files, e-mail or FTP hosts. Company expressly reserves the right to review every user account for excessive usage of CPU, bandwidth, disk space and other resources that may be a result of your violation of this Terms or the Acceptable Use Policy. Company may, in its sole discretion, terminate access to the Services, apply additional fees, or remove/delete Subscriber Content for those Subscriber accounts that are found to be in violation of Company policies. You hereby agree that Company shall have no liability due to any action that Company may take, including without limitation suspension or termination of Services in connection with your violation of this section.
22.2. Unlimited File Transfer
Company does not set arbitrary limits on the amount of visitor traffic Subscriber Websites can receive on the amount of content a Subscriber can upload to Subscriber Websites in any given month, as long as the Subscriber’s use of the Services complies with this Terms. In most cases, Subscriber Websites will be able to support as much traffic as the Subscriber can legitimately acquire. However, Company reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other Subscribers.
23. Reseller Program
In addition to all terms and conditions described in this Terms, the following shall also be applicable to a Subscriber participating in a Company Reseller Program (“Reseller”), including VPS and Dedicated Hosting customers utilizing their account to provide Reseller services:
Reseller shall ensure that each Subscriber signed up by the Reseller complies with the terms and conditions of this Terms.
Reseller cannot make any modifications to this Terms. Any such alterations shall be deemed a violation of this Terms and could result in the cancellation of Reseller’s accounts. Company is not responsible for any modifications made to this Terms by Reseller.
In the event that a Subscriber signed up by a Reseller is determined to be in violation of this Terms, the Reseller shall, upon receipt of notice of the violation, take prompt action to ensure that the account in question is updated to be in full compliance with this Terms. In addition, Company, in its sole discretion, reserves the right to take action directly if Reseller fails to do so.
Company is not responsible for the acts or omissions of Resellers. The Reseller hereby agrees to indemnify Company from and against any and all claims made by any Subscriber or third party arising from the Reseller’s acts or omissions.
Company reserves the right to revise its Reseller Program at any time. Changes will take effect when posted online or on any date as set forth in a notice provided by us.
Resellers assume all responsibility for billing and technical support for each of the Subscribers signed up by the Reseller. Company reserves the right to refuse inquiries made to customer support from Subscribers signed up by a Reseller.
24. Technical Support Services
Technical support is provided in accordance with the Service Level Agreement and Regulations on the administration of servers
25. Ineligibility for Technical Support Services
Company will not provide Technical Support Services if:
you are in breach of this Terms;
the need for Technical Support Services is due to any modification or attempted modification of the Services by you or any third party outside of Company’s control, or your failure or refusal to implement changes recommended by Company;
or you are abusive toward our staff in any manner.
Standard administration applies only to servers with an installed control panel (ISPManager/DirectAdmin/VestaCP/CPanel), which was installed and configured by our company’s specialists. Otherwise, we may refuse to resolve problems.
Standard administration is a free addition to server rental and VPS services, and is carried out in accordance with the regulations. If you are not satisfied with the quality of the standard administration services provided, you can contact other specialists or use paid services.
Our company does not perform work that leads to a change in the standard operation of the control panel (custom web server settings, custom virtual host templates, etc.). This can lead to irreversible consequences. We also have the right to refuse to administer a server on which these settings have already been made (it is technically impossible to guarantee the correct operation of such a server).
25.1. VPS and Dedicated Servers
Company will provide a default operating system installation on the dedicated server hardware that permits super-user server access to our support staff. Subscriber agrees and acknowledges that if Subscriber alters or removes this server access, Company’s ability to provide technical support to the Subscriber may be severely limited.
26. Disclaimer
You acknowledge and agree that your use of the Services, including any information or content obtained through the Services, is at your own risk. You further acknowledge and agree that Company exercises no control over, and accepts no responsibility for, the content of the information passing through Company’s host computers, network hubs and points of presence or the Internet.
27. Limited Warranty
THE SERVICES PROVIDED UNDER THIS TERMS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” COMPANY AND ITS AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “COMPANY PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. THE COMPANY PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. THE COMPANY PARTIES ARE NOT LIABLE, AND EXPRESSLY DISCLAIM ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM SUBSCRIBERS OR STORED BY SUBSCRIBERS ON OR THROUGH THE SERVICES.
28. Limitation of Liability
Company SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT WILL THE Company PARTIES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY SUBSCRIBER CONTENT, SUBSCRIBER WEBSITE OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF Company IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
29. Indemnification
You agree to indemnify, defend and hold harmless the Company Parties from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Company Parties arising out of or relating to your use of the Services, any breach or violation by you of this Terms; or any of your acts or omissions, except to the extent any of the foregoing directly results from Company’s own gross negligence or willful misconduct. The terms of this section shall survive any termination of this Terms.
30. Governing Law and Arbitration
Governing Law; Jurisdiction. Any controversy or claim arising out of or relating to this Terms, the formation of this Terms or the breach of this Terms, including any claim based upon or arising from an alleged tort, shall be governed by the substantive laws of the United Kingdom. Any suit, action or proceeding concerning this Terms must be brought in court according to the location of plaintiff. You irrevocably consent to the exclusive jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by applicable law, any objection which it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum.
If you initiate litigation or any other proceeding against Company in violation of this section, you agree to pay Company’s reasonable attorneys’ fees incurred in connection with its enforcement of this section.
The parties shall maintain the confidential nature of the arbitration proceeding and any award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR Company MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER SUBSCRIBERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Further, you agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific proviso is found to be unenforceable, then the entirety of this arbitration clause shall be null and void. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
31. Miscellaneous
31.1. Independent Contractor
Company and Subscriber are independent contractors and nothing contained in this Terms places Company and Subscriber in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any Terms in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
31.2. Entire Terms
This Terms, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and Terms between the parties with respect to the subject matter hereof, and this Terms constitutes the sole and entire Terms between the parties with respect to the matters covered hereby.
31.3. Severability
If any provision or portion of any provision of this Terms shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions (unless otherwise specified) thereof shall constitute their Terms with respect to the subject matter hereof, and all such remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
31.4. Waiver
No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Terms shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.
31.5. Successors
You may not assign or transfer this Terms or any of its rights or obligations hereunder, without the prior written consent of Company. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. Company may assign its rights and obligations under this Terms, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without your consent. This Terms shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
31.6. Force Majeure
Neither party is liable for any default or delay in the performance of any of its obligations under this Terms (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, epidemic and pandemic issues or other environmental accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
31.7. Third-Party Beneficiaries
Except as otherwise expressly provided in this Terms, nothing in this Terms is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, you acknowledge and agree that any supplier of a third-party product or service that is identified as a third-party beneficiary in the Service description, is an intended third-party beneficiary of the provisions set forth in this Terms as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Terms with respect to its products nor services against you as if it were a party to this Terms.