Terms and Conditions
Terms and Conditions for "DEDIXLAB.COM"
dated of March 07, 2019
Last updated on May 27, 2024
These Terms and Conditions (hereinafter - the "Terms and Conditions") for Electronic Services (hereinafter - the "Services") is the annex to the Agreement (hereinafter - the "Agreement") and an official document of VMachines & Servers OÜ the operator (hereinafter - the "Operator") of the website "DEDIXLAB.COM", which contains and defines the procedure and terms for providing the Services to individuals and entities (hereinafter - the "Customer") who are interested in purchasing or using the Electronic Services provided by the Operator on the website "DEDIXLAB.COM" (hereinafter - the "Website").
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Definitions
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Electronic Services (hereinafter - the "Services") for the purposes of these Terms and Conditions means the electronic services and/or products to be provided to the Customer such as leasing a virtual private server or a dedicated server and other related services.
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"Order" means a request made by the Customer for the Services to be supplied pursuant to the terms of the Agreement and these Terms and Conditions.
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"Subscription" – a business model in which a customer must pay a recurring price at regular intervals for access to a product or a service.
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"Client Area" – a secure online portal that allows customers to manage their accounts, access services, submit support requests, view and pay invoices, and communicate with the Operator.
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"Ticket System" – a web-based feature within the Client Area that organizes and manages Customer's requests. It enables customers to submit issues or questions, which are then are then logged and recorded as tickets that the Operator can track, prioritize, and resolve.
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"Blacklist" means a so called blacklist or block list which is a basic access control system that denies entry or access to a specific list or range of users or network addresses or IP addresses, as a result of which email sent by a user or from a network address or from an IP address that is on the blacklist will not reach its intended destination or recipient.
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"DDoS" means Distributed-Denial-of-Service.
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"DoS" means Denial-of-Service.
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"DRDoS" means Distributed-Reflected-Denial-of-Service.
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"Infrastructure" means the Equipment, Service and Instances that support the flow and processing of information, including storage, servers and networking components.
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"Spam" means unsolicited bulk messages.
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"Malicious Software" means any type or form of malicious or hostile Software, including but not limited to computer viruses, worms, trojan horses, and spyware.
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General Provisions
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These Terms and Conditions is the annex to the Agreement between the Customer and the Operator. If any of these Terms and Conditions are inconsistent with the Agreement, then the Agreement shall prevail.
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If the Customer does not agree to the Agreement and these Terms and Conditions, the Customer is not allowed to order any services offered on this Website.
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By ordering and paying for the Services the Customer warrants that the Customer is capable of entering into the Agreement with the Operator; or is acting with the express permission of a person or organisation and using the payment details of that person or organisation and that they also agree to be bound by the terms the Agreement and these Terms and Conditions. The Customer also agrees to comply and adhere to any and all applicable laws and regulations in relation to the Agreement and these Terms and Conditions.
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The Customer warrants that the contact information the Customer provides to the Operator is correct, and that the Customer will update this information immediately, as required from time to time. The Customer agrees that the Operator may suspend access to the Customer's account and the Services if the Operator reasonably believes that the information the Customer has supplied is inaccurate.
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The Customer certifies that by purchasing the Services from this Website that the Customer is 18 years or older.
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The Operator reserves the right to amend, modify or alter any of these Terms and Conditions without the prior consent of the Customer.
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Payment for the Services and procedure of settlements
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Unless otherwise specified, all Services are provided for a minimum contract term of 1 month on a subscription basis and will be automatically renewed for further periods unless cancelled in accordance with Clause 1.10. of the Agreement and these Terms and Conditions.
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The Customer is entitled to cancel the Services by contacting the Operator no less than 7 working days prior to the renewal date for the Customer's Services.
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To cancel the Services, the Customer must proceed exclusively through the Client Area on the Operator’s website. After logging in, the Customer should create/open a new ticket. Within this ticket, the Customer can freely specify which Services they wish to cancel or terminate. After the Operator approves the request, the Operator will send the Customer an official “Cancellation Confirmation”. This document, detailing the services that have been canceled or terminated, their end date, and other pertinent information, will be delivered via the Client Area in response to the ticket and may additionally be dispatched via email.
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Sending requests to cancel the Services via email is not permitted due to the risk that the message may not reach the recipient or may be lost. To cancel Services, the Customer must exclusively use the Ticket System available in the Client Area on the Operator's website. When purchasing the Services on the Operator's website, the Customer unconditionally agrees to this condition.
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If the Customer creates a subscription on the PayPal website when placing an order, and then decides to cancel the Operator's Service, the Customer must also independently cancel the subscription in their PayPal account and then verify that the subscription has been cancelled. The Customer acknowledges that they will not have any claims against the Operator in the event of an automatic renewal of the Service through PayPal if the Customer fails to cancel or forgets to cancel the subscription in their PayPal account.
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If the Customer creates a PayPal subscription when placing an order for a period of one year, the Customer agrees upon the first payment to cancel the PayPal subscription in their PayPal account if such a subscription in their PayPal account has been created. If the Customer has not done so or forgot to do so, the Customer thereby confirms that the Customer will not have claims against the Contractor in the event of automatic renewal of the Service with PayPal.
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The Customer accepts that if the Customer's account is paid for by another party, who has agreed to be bound by the terms of this Agreement that party and who has access to the Customer's account password, the Operator may discuss the Customer's account with that party and take instructions from them in relation to the account.
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The Customer has the right to cancel a newly ordered Service within 14 days from the date of ordering. For clarity, the Agreement comes into effect when the Customer confirms and pays for the order on the Operator's website, thereby granting the Operator permission to start providing the Service.
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As a result, as soon as the Services have commenced, the Customer will not have the right to cancel the Services after 14 (forteen) working days unless otherwise provided by the Agreement. Please see the Refund Policy for more details.
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The Customer warrants that the Customer is authorised to use the Customer's chosen method of payment. If the Customer is not the named cardholder, the Customer acknowledge that the Customer and the named cardholder both agree to be bound by the terms of this Agreement and are jointly and severally liable for all payments under this Agreement. The Customer agrees to indemnify and hold the Operator harmless in the event that the cardholder or issuer declines any payments to the Operator including all of the Operator's costs in administering the Customer's non-payment and obtaining the payment due to the Operator by the Customer.
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The Operator reserves the right to suspend all Services until payment is received in full and all outstanding charges are cleared. The Customer is responsible for all money owed to the Operator under the terms of this Agreement until it is terminated. The Customer is also responsible for any additional costs incurred by the Operator in taking steps to recover any sums due by the Customer.
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The Customer will pay any Additional Charges as may be required from time to time by the Operator for reactivation of the Services due to disconnection.
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If the Customer fails to pay all sums due to the Operator, the Operator reserves the right to interrupt, suspend or cancel the Customer's Services.
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If the Customer withdraws any payments made via a bank, credit card or third party payment method (a "chargeback"), the Operator reserves the right to interrupt, suspend or cancel the Customer's Services and/or charge a fee. Such action is without prejudice to the Operator's right to recover any and all outstanding sums from the Customer and the Customer's obligation to pay the same to the Operator.
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Mechanism of Price Indexation.
(Clause was updated on 17 Jan 2025)
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The cost of the Services provided under this Agreement is subject to indexation and is determined in accordance with the prices published on the Operator’s official website.
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For Services purchased by the Customer prior to price changes, a mechanism of preferential indexation applies. This means that in the event of a price increase, the cost of such Services shall be set at a level 10% lower than the current price published on the Operator’s website, but not lower than the last amount paid by the Customer for the Service. In the event of a price decrease on the website, the cost of Services ordered by the Customer prior to the price change remains unchanged.
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Preferential indexation applies exclusively to Services provided under a subscription, subject to timely payment and uninterrupted renewal of the subscription, including automatic or manual renewal. For one-time or newly ordered Services, the applicable price is the current price published on the Operator’s website at the time of order placement.
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Acceptance of the terms of this Agreement constitutes the Customer’s consent that price changes take effect upon their publication in the tariff sections on the Operator’s website.
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The Operator publishes information about price changes in the respective sections with tariff plans on the Operator’s official website. The new prices take effect from the moment of their publication.
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The Customer is entitled to request information about the applied indexation and the main reasons for price changes. The Operator shall provide such information within 14 (fourteen) calendar days from the date of receipt of the Customer’s request.
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The Customer is entitled to refuse subscription renewal in case of disagreement with the change in the cost of the Services.
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Supply of Services and Maintenance.
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The Operator agrees to supply the Services to the Customer in accordance with the terms set out in the Agreement and this Terms and Conditions.
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The Operator will use reasonable endeavours to supply the Services to the Customer as soon as it is reasonably practicable and in the event that the Operator becomes aware of any reason for delay, the Operator shall notify the Customer.
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The Operator will provide the Services to the Customer using reasonable skill and care.
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The Operator reserves the right to improve, modify or change the Services provided to the Customer and the Operator will use reasonable endeavours to notify the Customer as soon as it is reasonably practical to do so.
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The Operator reserves the right to modify or replace IP addresses, IP ranges, and other resources allocated to the Customer at its sole discretion. These changes will not impact the quality of the services provided. The Operator will notify the Customer of such changes in a timely manner. The Customer acknowledges and accepts that these modifications are an integral part of the Operator’s service management, and no compensation shall be due to the Customer as a result.
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The Operator reserve the right to deactivate individual features, applications, scripts or programs as necessary in the interests of technical progress, security, availability of technical support on the provider or manufacturer side, to ensure the stable operation and integrity of the Operator's systems.
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The Operator shall take reasonable steps to ensure that any deactivation of individual features, applications, scripts or programs will not result in changes to a core function of the Services the Operator provides the Customer and to offer technical alternatives (including upgrades and updated versions of software) as and when such alternatives become available.
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In the event that such changes result in changes to a core function of the Services the Operator provide the Customer and no viable alternative is available, the Customer will be entitled to a pro-rated refund on cancellation.
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In the event of changes of features, applications, scripts and programs pursuant to clauses above, the Customer agrees to cooperate and be responsible for managing any adjustments to the Customer's Services if requested to do so. the Operator will endeavour to communicate any changes to the Customer as soon as possible.
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Responsibility of the parties.
- Responsibility of the Operator.
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By purchasing the Services on the Operator’s Website, the Customer confirms their agreement that the Operator shall not be liable to the Customer and to the other under or in connection with this Agreement or any collateral contract for any: loss of revenue; loss of actual or anticipated profits; loss of contracts; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss due to damage/corruption of data; any direct or indirect loss resulting from the use of the Service.
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In case of non receipt by the Operator written claims from the Customer within 7 days after the completion of rendering the Services, the Services are considered rendered properly.
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If any downtime caused by scheduled or emergency maintenance or repair occurs the Operator will use the Operator's reasonable endeavours to ensure that any disruption to the Services is minimal and any scheduled work takes place during off-peak hours when possible.
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If any downtime for more than 5 working days caused by scheduled or emergency maintenance or repair occurs the Operator shall substitute reasonably equivalent Services or at the written request of the Customer the Operator shall make a refund of funds prepaid for the Services.
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For all cases, including refunds, the maximum financial liability of the operator is limited and defined as the difference between the amount of prepayment made by the Customer for the operator's services and the cost of the services actually rendered over the past periods of time. For example, if the Services were prepaid for a period of 1 year, 6 months, 1 quarter, 1 month a refund will be made only for the remaining unused period (number of unused days) of the Services.
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No matter how many claims are made and whatever the basis of such claims, the Operator's maximum aggregate liability to the Customer under or in connection with the Agreement and these Terms and Conditions in respect of any direct loss (or any other loss to the extent that such loss is not excluded by other provisions in the Agreement and these Terms and Conditions) whether such claim arises in contract or in tort shall not exceed a sum equal to the fees paid by the Customer for the specific Services in relation to which the Customer's claim arises.
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The Operator will not be liable to the Customer if the Operator, using the Operator's endeavours, fail to supply the Services within a specific timescale.
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The Operator will not be liable to the Customer or any third party for losses whatsoever caused by any downtime; whether emergency or scheduled.
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The Operator accepts no liability to the Customer or any third parties for losses arising from third party use of the Customer's Services as set out above.
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All data created or stored by the Customer within the Operator's applications and servers are the Customer's property. the Operator makes no claim of ownership of any web server content, email content, or any other type of data contained within the Customer's server space or within applications on servers owned by the Operator.
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In the event of loss of or damage to the Customer's data, howsoever caused, the Operator, in no circumstances, will be liable to recover the Customer's data.
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In the event of loss of or damage to the Customer's data relating to a failure in the Operator's systems or servers, the Operator will make reasonable commercial efforts to assist the Customer with restoring the Customer's data. Notwithstanding this, however, the Customer accepts full responsibility for maintaining adequate backup copies of all the Customer's data.
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The Services are provided on an "as is" and “as available” basis. The Operator does not warrant or represent that any Services will be uninterrupted or error-free. the Customer accept that all Services are provided warranty-free.
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The Operator will not be liable for any loss or damage of any nature suffered by the Customer arising out of or in connection with any breach of this Agreement by the Customer or any act, misrepresentation, error or omission made by the Customer or on the Customer's behalf.
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The Operator will not be liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by the Customer or for any wasted management time or failure to make anticipated savings or liability the Customer incurs to any third party arising in any way in connection with this Agreement or otherwise whether or not such loss has been discussed by the parties pre-contract or for any account for profit, costs or expenses arising from such damage or loss.
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The Operator will not be responsible for any failure to provide any Services or perform any obligation under the Agreement and these Terms and Conditions because of any act of God, strike, lock-outs or other industrial disputes (whether the Operator's employees or any other party) or compliance with any law of governmental or any other order, rule, regulation or direction, accident, fire, flood, storm or default of suppliers, work stoppage, war, riot or civil commotion, equipment or facilities shortages which are being experienced by providers of telecommunication services generally, or other similar force beyond the Operator's reasonable control.
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In case of an interruption or failure of any of the electrical power, back-up power serving the Operators Infrastructure, the Operator will use commercially reasonable efforts to restore the affected Services as soon as possible. The Operator may substitute reasonably equivalent Services.
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The Customer understands and agrees that the utility systems (including the provision and maintenance of a back-up generator, electrical system and equipment, and heating, ventilating and air-conditioning system and equipment) serving the Data Center may be the responsibility of third parties from whom the Operator leases Infrastructure, and that such systems are not within the Operator’s responsibility or control.
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- Responsibility of the Customer.
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The information that the Customer provides to the Operator must be complete, accurate and up to date at all times. The Operator reserves the right to suspend access to the Services if the Operator believes any information the Customer has supplied to the Operator is inaccurate.
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The Customer is required to provide the Operator with valid contact details and a valid payment method at all times during the term of the Agreement and these Terms and Conditions. If any of this information is found to be invalid, the Operator reserves the right to suspend access to the Customer's account.
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All Services provided by the Operator to the Customer is intended for the Customer's use only. The Customer agrees that any decision to resell, store or giveaway any of the Services to third parties is undertaken on the basis that the Customer accepts sole responsibility for ensuring compliance with the Agreement and these Terms and Conditions relevant to any chosen Services by third parties. The Customer agrees to indemnify and hold the Operator harmless against any losses caused or damage suffered as a result of a breach by any third parties.
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The Customer is responsible for ensuring that the Customer maintains adequate and up to date back up copies of all of the Customer's data that the Customer upload onto the Operator's servers or build through the Operator's tools.
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The Customer will indemnify the Operator and hold the Operator's harmless against all damages, losses and expenses arising out of a third party claim of intellectual property infringement in respect of the Customer's content or data.
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It is the Customer's responsibility to keep all passwords safe, to ensure they are secure (with reference to accepted best practices) and to change passwords regularly. the Operator is not responsible for any data losses or security compromises arising as a result of compromised passwords or as a result of the Customer giving a third party access to the Customer's password.
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The Customer is responsible for any and all actions arising out of the use of the Customer's account password.
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The Customer shall – and shall ensure that its end users - only use the Services for lawful purposes and shall refrain from any use that breaches the Agreement and these Terms and Conditions or any applicable law.
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The Customer shall refrain from any use of the Services which may have an adverse effect on the Operators good name or standing, or may cause damage to the Operator’s business operations, or may subject the Operator to litigation.
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Specific activities that are prohibited include, but are not limited to:
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terrorism;
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any activities and actions that may be associated with direct or indirect participation in armed conflicts or military operations of any kind;
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threatening harm to persons or property or otherwise harassing behaviour;
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violating local export control laws for Software or technical information;
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the use or transmission or distribution of any data or material protected by Intellectual Property Rights without proper authorisation;
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the manufacture or use or distribution of counterfeit, pirated or illegal software or other product;
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providing or offering compensation to end users based on download volume, unless Customer knows – or has no reason to doubt – that such end users are using Customer’s services only for lawful purposes and for the distribution or dissemination of their own data or material, or of data or materials for which they have the proper authorisation to distribute or disseminate the same;
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storing, forging, altering, or modifying identity documents, as well as personal photographs or any other personal information without the explicit consent, permission, and knowledge of the owner;
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collecting, storing, or validating email addresses, phone numbers, credit card details, social network accounts information, or any other credentials, personal or business data of third parties, without the explicit consent of the owner to whom the data pertains;
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registration of accounts in social networks, forums, blogs and other Internet resources or other actions on behalf of a person without their consent, permission and knowledge;
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fraudulently representing products or services;
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spamming, phishing, bulk port scan, DoS attacks, DDoS attacks, DRDoS attacks without proper authorisation;
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defamation, zoophilia, child pornography, and child erotica;
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trafficking in human beings, illicit trafficking in weapons and money-laundering;
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distribution of drugs, including the deployment and creation of resources for their distribution;
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placing and storing of any software, scripts and databases for hacking and carding, as well as information, manuals and other tools designed for unauthorized access to data, information or resources without the consent, permission and knowledge of the owner;
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compromising the security (or tampering with) system resources or accounts of other Customers or of any other Internet sites or intranet sites without the proper authorisation;
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intentionally accessing a computer system or Infrastructure structure component without authorization or exceeding authorized access levels thereof;
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non-authorized scans and/or penetration testing and (xiv) facilitating, aiding, or encouraging any of the foregoing activities.
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activities that may result in the placement or inclusion on a Blacklist of Customer, Customer’s IP address(es) and/or IP address(es) assigned by the Operator to the Customer;
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usage of tor-browsers, VPNs, proxies and other tools to hide identity, as well as the creation of resources and services for such activities;
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in order for us to manage a high-performance and reliable network and equipment for our Customers, cryptocurrency applications and live video streaming are strongly prohibited and not allowed in any form;
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In accordance with the stipulations set forth herein, any act, omission, or undertaking by the Customer that stands in violation of the directives outlined in clause 6.2.10 shall be unequivocally regarded as a material and significant breach of both these Terms and Conditions and the overarching Agreement entered into by and between the Customer and the Operator.
The Operator, upon discerning or being notified of such transgressions, expressly reserves a broad spectrum of rights and remedies to address and rectify such breaches. These remedies, while inclusive of, are not strictly limited to: the suspension of services being currently availed by the Customer; the outright termination of the said services, resulting in cessation of any and all contractual obligations the Operator may have toward the Customer; and the initiation of any pertinent legal actions or proceedings that the Operator deems necessary to protect its interests, reputation, and standing.
It's imperative for the Customer to acknowledge and understand that the Operator is under no obligation to provide prior notification or warning before exercising any of its aforementioned rights. This stems from the mutual understanding and the explicit provision within this Agreement that participating, facilitating, or indulging in unlawful activities is not only against the spirit of this Agreement but is also categorically prohibited.
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For any proven violation specified in clause 6.2.10 of these Terms and Conditions (for example, when there is a claim, complaint, court decision, other irrefutable evidence of violations, including Operator's log files, screenshots, correspondence with the Customer, etc.), the Operator reserves the right to charge the Customer five hundred euros (500 euros) plus the cost of the ordered service for 1 year as compensation. The Customer acknowledges that if the Operator cannot automatically effect a debit of funds (payment) from the Customer's card, the Customer will pay the invoice for compensation within 7 working days.
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Customer acknowledges that any use by Customer and/or its end users of the Services in breach of the Agreement and these Terms and Conditions could subject Customer and/or its end users to criminal and/or civil liability.
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Customer shall refrain from any activities that may result in the placement of Customer or Customer’s IP address(es) on a Blacklist. The Operator reserves the right to charge Customer three hundred Euros (€ 300,--) per hour in consulting fees for any remedial actions that The Operator elects to take in the event that, as a result of Customer’s activities, The Operator's servers or IP address(es) are placed in any third-party filtering software or Blacklist.
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Bulk messages are only permitted if the Customer has obtained the explicit consent from each of the recipients via double opt-in, and/or applicable law permits the sending of such messages without the recipients’ consent. Customer is obliged to offer in each electronic message, an easily accessible functioning unsubscribe mechanism, and Customer shall immediately cease sending electronic messages to a recipient after the recipient has unsubscribed.
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- Responsibility of the Operator.
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Compliance with Regulation (EU) 2021/784 (terrorist content online)
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General
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The Operator complies with Regulation (EU) 2021/784 of the European Parliament and of the Council of 29 April 2021 on addressing the dissemination of terrorist content online (“TCO Regulation”).
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In addition to the general prohibitions set out in clause 6.2.10 of these Terms and Conditions and the Agreement, the Customer must not use the Services for hosting, storing, transmitting, making available or otherwise disseminating any “terrorist content” within the meaning of Article 2 of the TCO Regulation and Directive (EU) 2017/541.
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Definition of Terrorist Content
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For the purposes of these Terms and Conditions, “terrorist content” includes, in particular, any material that:
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incites or solicits the commission of terrorist offences;
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solicits or recruits persons to commit or participate in terrorist offences or to join a terrorist group;
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provides instruction on the making or use of explosives, firearms or other weapons, or on other specific methods or techniques, for the purpose of committing or contributing to a terrorist offence;
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glorifies, justifies or praises terrorist offences or the perpetrators of such offences, where such content may encourage the commission of terrorist offences.
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When assessing whether content qualifies as terrorist content, the Operator will take into account the overall context, including any legitimate educational, artistic, journalistic, research or reporting purposes, and will act in accordance with the principles of necessity and proportionality.
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Prohibition and Removal of Terrorist Content
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The Customer is strictly prohibited from uploading, storing, processing, transmitting or otherwise making available any terrorist content by using the Services.
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The Operator reserves the right to immediately remove or disable access to any content that the Operator:
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reasonably considers to be terrorist content; and/or
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is required to remove or disable as a result of a valid removal order issued by a competent authority of a Member State of the European Union in accordance with the TCO Regulation.
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The Operator may suspend or terminate the Services in accordance with the Agreement and these Terms and Conditions if the Customer breaches this clause, without prejudice to any other rights or remedies of the Operator.
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Measures for Detection and Moderation
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The Operator does not have a general obligation to monitor all information transmitted or stored when providing the Services. However, the Operator:
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acts upon notices and reports received from competent authorities, trusted third parties and other users; and
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processes and executes removal orders issued under the TCO Regulation.
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The Operator may implement reasonable and proportionate measures to prevent the misuse of the Services for the dissemination of terrorist content, including but not limited to:
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internal review and moderation of content reported as potentially terrorist;
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logging and documenting of actions taken in response to removal orders or abuse reports;
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cooperation with competent authorities and law enforcement agencies in accordance with applicable law.
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Use of Automated Tools
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Where appropriate and proportionate, the Operator may use automated tools (such as pattern matching, hash-based detection or other technical means) to assist in the identification of terrorist content or to give effect to removal orders.
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Any decision to remove or disable access to content based on the output of automated tools will be subject to human review by the Operator before a final decision is taken, unless the Operator is legally required to act immediately without such review.
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The Operator will implement such tools in a manner that is proportionate and respects fundamental rights, including freedom of expression and information, as well as data protection requirements under the GDPR and other applicable data protection laws.
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Notification of Customers and Retention of Removed Content
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Where the Operator removes or disables access to content hosted on the Services on the basis of a removal order issued by a competent authority under the TCO Regulation, or the Operator’s own assessment that the content constitutes terrorist content, the Operator will, without undue delay, notify the affected Customer/content provider, unless the competent authority has lawfully prohibited such notification on grounds of public security or ongoing investigations, of:
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the fact that the content has been removed or disabled;
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the main reasons for such removal or disabling; and
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the available complaint and redress mechanisms.
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The Operator will retain the removed or disabled content and related data (such as logs, timestamps and identifiers necessary to comply with the TCO Regulation) for a period of six (6) months from the date of removal or disabling, or for such longer period as may be specifically requested by a competent authority or court.
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Access to such retained content and data will be strictly limited to:
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competent authorities and courts acting within their legal powers; and
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a limited number of authorised employees or contractors of the Operator who need access strictly for the purposes of:
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executing and documenting removal orders;
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handling complaints and legal requests; or
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complying with statutory obligations.
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Complaints Mechanism
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If the Customer considers that their content has been wrongly removed or access to it wrongly disabled on the basis of the TCO Regulation or this clause, the Customer may submit a complaint to the Operator.
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Complaints must be submitted through the Ticket System in the Client Area or by any other electronic means expressly designated by the Operator for this purpose. The complaint must include:
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identification of the removed or disabled content (for example, URL, service ID, IP address);
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the date on which the Customer became aware of the removal or disabling;
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a brief explanation of why, in the Customer’s view, the content is not terrorist content and/or should not have been removed or disabled (including, where applicable, an explanation of any educational, journalistic, artistic or research purpose).
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The Operator will review the complaint without undue delay and will make a decision within fourteen (14) days from receipt of a complete complaint, unless a different statutory period applies or the complaint is particularly complex and the Customer is informed of the need for an extension.
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If the complaint is upheld, the Operator will promptly restore the content and/or access to it, unless the Operator is legally prevented from doing so by a competent authority or court.
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The decision on the complaint will be communicated to the Customer, together with a brief explanation of the outcome and information on any further remedies available to the Customer under applicable law. Nothing in this clause limits the Customer’s right to seek judicial remedies before the competent courts.
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No Waiver of Other Rights
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This clause is without prejudice to:
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any other rights of the Operator to suspend or terminate the Services under the Agreement and these Terms and Conditions; and
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any obligations to retain data or cooperate with competent authorities under other applicable laws.
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Other provisions
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The Customer understands the importance of preventing any criminal activity, and thus the Customer hereby gives to the Operator full unreserved permission and unconditional consent to access at any time to any information, files, software, resources, and data stored on pieces of equipment leased by the Customer from the Operator. This authorization to access is to ensure that any suspicious activities can be properly investigated and stopped by the Operator to prevent any criminal activity. If needed, at the request of the Operator, the Operator must be provided by the Customer with credentials and passwords to gain access to these pieces of equipment in order to perform all necessary actions to prevent offenses. The Operator reserves the right to investigate any suspicious activity at any time in order to protect all parties. The Customer agrees that the Operator is not obliged to notify the Customer of ongoing investigations.
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The Operator reserves the right to conduct an investigation, based on suspected violations of the Agreement and these Terms and Conditions; and/or (potential) security risks to its Infrastructure; and/or a valid request of the relevant (law enforcement) authorities.
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As part of this investigation, the Operator may, acting reasonably gather information from or about the Customer; if relevant, gather information from a complaining party; and/or review and investigate the Customer’s Services. The Customer is obliged to fully cooperate with any such investigations by the Operator.
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To the extent legally required, the Operator is authorised to grant relevant law enforcement authorities access to Customer’s content, information and/or Infrastructure, as well as any information gathered in the investigation conducted by the Operator.
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Upon request of a third party, the Operator shall be entitled to disclose identifying Customer information to said party in connection with a (suspected) breach to the extent required by law.
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The Operator shall be entitled to take action, legal or otherwise, against the Customer and/or and end user, in the event that the use of the Service by the Customer or its end user(s), breaches the Agreement and these Terms and Conditions, or the Customer fails to comply with any obligation under the Agreement and these Terms and Conditions. The appropriate action will be determined by the Operator, in its sole discretion.
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