These Terms of Service (“TOS”) is a contract between you, or the entity on whose behalf you are executing this agreement (“you” or “your”), and -----, UAB (hereinafter referred to as "the Company", “we”, “us”, or “our”). By using our Services, you agree to abide by these TOS and our Privacy Policy. These TOS may be modified at any time and, by continuing to use our Services, you agree to be bound by the modifications. The most recent version of these TOS can always be found here.
While we facilitate your business on the Internet, we are an independent contractor. We only have control of the products and services we provide directly, and are not liable for your actions, the actions of 3rd (third) party service providers, or the actions of individuals who use your products and services .
SERVICES
Company provides a number of services and products to its customers, which are collectively referred to in these TOS as the “Services”. Regardless of whether you pay for a Service or it is provided as part of a package or for free, any Service you request or allow to be provided by Company is included as part of the “Services” we refer to in these TOS and our Privacy Policy.
Services may also be provided by 3rd parties and their terms of service or use that may contain additional or different terms will also apply to your use of their services. We shall not be responsible for any changes in the Services that cause any 3rd party products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of 3rd party products or services, either sold, licensed or provided by Company to you will not be deemed a breach of our obligations under this TOS.
We may change the specifications or details of the Services (including pricing) at any time, but we have no obligation to change the Services. Additionally, the 3rd parties we contract with to provide Services may change their offering between the time of purchase and the date the Services are delivered. We will use commercially reasonable efforts to inform you of changes to the Services (does not apply to domain name pricing).
ACCOUNT ELIGIBILITY
By registering for or using the Services, you represent and warrant, that you are 18 (eighteen) years of age or older. The Services are intended solely for users who are 18 years of age or older. Any registration, use of or access to the Services, by anyone under 18 is unauthorized and is a violation of this Agreement.
If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party's behalf with respect to any actions you take in connection with the Services.
It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. Company is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain.
You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
BILLING
It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
Unless otherwise provided, you agree that until and unless you notify Company of your desire to cancel the Services, you will be billed on an automatically (if such payment method is supported by the selected payment gateway) recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
Prices and/or fees for the Services do not include any applicable taxes imposed by any taxing authority (e.g. value - added tax). Any applicable taxes will be added to Company’s invoice as a separate charge to be paid by you.
All invoices must be paid not later than the invoice due date, which is pointed on invoice. Any Service that was not paid on time, may result in the suspension or termination. Access to suspended Sevices will not be restored until payment has been received. Access to terminated Services will not be restored. If you fail to pay the fees as specified herein, we may suspend or terminate your account and pursue the collection costs incurred by Company.
Any account suspended for non - payment is subject to a reactivation fee, but we are not obliged to reactivate or keep suspended accounts.
CONTENT
You commit not to publish content that may violate the rights of 3rd parties or otherwise violate the law. The placement of adult, extremist material or material not deemed in good taste is not permitted.
The same applies for publishing a content which is capable of violating the rights of individuals or groups of people, or that insults or denigrates these people. This applies even without an actual legal claim.
The sending of SPAM is forbidden. This includes in particular the sending of illegal, unsolicited advertising to third parties. With regards to the sending of emails, it is forbidden to provide false sender information or to conceal the identity of the sender by other means. If any domain hosted by Company, participates in the sending of unsolicited mail, bulk mailings, unsolicited spot mailings or any other form of mailing commonly known as SPAM, the domain will be cancelled immediately and all access for the respective account to our Services will be blocked.
The following content is not accepted in our servers:
We are entitled to block access to the account of any customer who violates the above statements without notice.
RESOURCE USAGE
Web hosting (either Cloud or SEO hosting) space may only be used for web files, active email and content of User Websites. Web hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. Company expressly reserves the right to review every account for excessive usage of CPU, disk space (if applicable) and other resources that may be caused by a violation of TOS. Aforementioned restrictions do not apply to managed servers service.
You may not:
ACCOUNT SECURITY
Users are ultimately responsible for all actions taken under their account. You are responsible for all actions that are performed with, by, or under your account credentials whether done by you or by others. All account access, password, and other security measures are your responsibility. Company is not liable for any damages, direct or indirect, that result from unauthorized account access or use. It is your responsibility to ensure that scripts and/or programs installed under your account are secure. For all unmanaged hosting Services, you are solely responsible for providing the firewalls and software and for all installation, maintenance, security, and backup for the unmanaged hosting Services.
You agree to give Company permission to access your accounts for the purpose of troubleshooting technical issues with the account or server and to confirm compliance with our policies. We also may conduct scans of data for security purposes and reserve the right to change permissions, modify files or quarantine files that are deemed to be malicious in nature.
SUPPORT
We will make every effort to support information for configuring popular web software to use internet services. However we can in no way specifically test every piece of software that could conceivably be utilized with our systems, only provide general system - related information. The offer of any particular service does not constitute an obligation on ours part to tutor the necessary skills to utilize that service, only to provide system - specific information. We do not provide support for 3rd party applications or scripts but will do our best to help if we can.
REFUNDS
We offer 14 days money back guarantee on hosting services for any customer who paid the first invoice with a credit card, via PayPal (if applicable) or bank transfer (from the bank accounts of SEPA countries only). The 14 days period is applicable from the first day of signup of service with Company and does not apply to upgrades, renewals or additional services purchased. There are no refunds on prepaid services after the first 14 days of the initial purchase. Payments made by cryptocurrencies (if applicable) are non - refundable. Refunds will only be given if refund request is received within 14 days of a creation of the account being cancelled. Money back guarantee only applies to new accounts (i.e. if you've had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund).
Accounts that are terminated due to TOS violations are not eligible for a refund. Domain registrations, SSL certificates, 3rd party software installation fees, setup and/or migration fees are not refundable. Dcensy.com membership can only be refunded if it wasn't used to obtain any services.
TERMINATION
Either party may terminate the Services without cause upon 14 (fourteen) days prior by providing written notice to the other. Regardless of the method of termination by you, valid proof of account ownership and authorization to cancel are required to terminate an account. In case of such a termination you will be responsible for all fees for the duration of the then active initial term (if the page describing the Services does not contain an initial term, the initial term shall be one month) or renewal term (automatic renewal for successive periods of equal duration of the initial term).
We reserve the right to immediately suspend or cancel the Services without notice:
PROFESSIONAL BEHAVIOR
Please behave in a reasonable manner towards Company employees. Any unreasonable threats, either personal or against the company will receive a warning 1 for breach of these conditions. Personal abuse towards Company employees or legal threats against the company are viewed as extremely serious. Company reserves the right to refuse to do business with a person or company as a result and possibly terminate any accounts in question. Company reserves the right to refuse service to any customer at any time within reasonable means and/or requests.
LIABILITY
You agree that Company has no liability, of any sort, for content you or your customers access from the Internet.
In no event shall Company be liable to you or any 3rd person for any: data loss, direct, indirect, special, exemplary, consequential, incidental, or punitive damages, even if that party has been advised of the possibility of such damages; or lost profits, lost revenues, lost business expectancy, business interruption losses, or benefit of the bargain damages. For the purposes of this paragraph only, the term Company shall be interpreted to include VERO SERVERS employees, directors, owners and affiliates.
Company shall not be liable for any indirect or consequential damages, including damages for lost profits, loss of opportunity, loss of sales, or loss of search engine rank, suffered by you, your users, your clients, and your visitors, during periods of scheduled maintenance, service suspensions, and violation of these TOS.
Company specifically disclaims any and all warranties regarding services provided by 3rd parties, regardless of whether those services appear to be provided by us. No warranties, either express or implied, made by these 3rd party entities to Company shall be passed through to you, nor shall you claim to be a 3rd party beneficiary of those warranties.
Notwithstanding anything to the contrary contained herein, our liability to you, or any party claiming through you, for any cause whatsoever, and regardless of the form of the action, is limited to the amount paid, if any, by you to Company for the Services in 3 (three) months prior to the initial action giving rise to liability. This is an aggregate limit. The existence of more than one claim hereunder will not increase this limit.
FORCE MAJEURE
Neither party is liable for any default or delay in the performance of any of its obligations under these TOS (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, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any 3rd 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.