Provider generates an e-mail message announcing the acceptation of the order sent by the customer via order form on the web site or by the other way in writing. The order must contain: name and surname or company name, seat or permanent residence, company ID number or date of birth, chosen service, initial service date and term. The customer cannot cancel the order after receiving of the acceptation email Upon expiration of the initial term, this agreement shall automatically renew for the same length as the initial term unless Provider or the customer provides the other with written notice of non-renewal at least one day prior to the expiration of the initial term. The initial term and any renewal term may be referred to collectively in this agreement as the "Term."
Customer represents and warrants to the provider that the information he, she or it has provided in the order and will provide to the provider for purposes of establishing and maintaining the service is accurate.
The provider is obliged to initiate the service from the initial service date in exception of the cancelled order by the provider. The provider is obliged to provide these services: provide server functionality, update server programs, implement measures to eliminate server downtime, inform the customer in advance about the planned server downtime (due to the updates, hardware replacement, etc.). The provider reserves the right to cancel the service any time if the customer contravenes the terms of service or the contract. The customer is obliged to pay to provider for the services provided by the provider. The customer is obliged to use the service in the limitations of the terms of use. The customer is obliged to inform the provider the change of her, his and its identification data.
The provider does not allow the use of services for illegal activities. This includes hosting of copyrighted material, nulled scripts, or anything that is considered illegal under the law of Slovak republic. A suspension leading up to termination will be imposed for a breach of these terms. While we strive to accommodate all types of customers your VPS may not be used for the following Acceptable Use Policy (AUP): Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and the provider regarding the interpretation of this AUP, provider's interpretation, in its reasonable commercial judgment, shall govern. If you have any questions regarding this AUP, contact provider´s support A. Offensive Content (pornography, violence, chain letters, pyramid schemes, risk creation, trade secrets exposure, clearly infringes on another person's trade or service mark, promotes illegal goods) B. Security (It is the responsibility of the customer to take reasonable security precautions in protecting their login information to their services.) C. Bulk Commercial E-Mail (You must obtain provider´s advance approval for any bulk e-mail) D. Unsolicited E-Mail (unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it.) E. Material Protected by Copyright (published, distributed or otherwise copied) F. Copyright Infringement Notice (If you believe your copyright is being infringed by a person using provider´s network, please send your written notice of copyright infringement to the provider) G. Other (You must have valid and current information on file with your domain name registrar for any domain hosted on the provider´s network) H. Disclaimer (The provider is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of the provider´s network.) I. Internet Abuse (Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures. Monitoring data or traffic on any network or system without the authorization of the owner of the system or network; Use of an Internet account or computer without the owner's authorization, J. Newsgroup, Chat Forums, Other Networks (You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums) Furthermore the end user is solely responsible for all files on their VPS whether the client had knowledge of the files or not. It is the responsibility of the client to ensure their system is secured and safe from compromise. If a system is found out to be compromised the provider has the right to reload the VPS to a default OS after ample time has been given to make backups.
Fair Share CPU Our plans are based on the fair share CPU methodology. Because this resource is shared there is a limit to the amount of time you may monopolize the available CPU resources of your plan. If your VPS continually exceeds a load of 3 we may ask you to upgrade your VPS to the next plan. If your VPS exceeds a load of 5 for an extended period of time we reserve the right to suspend it without warning until the user agrees to resolve the matter or upgrade. In order to maintain a high level of service for our fair share customers we do not allow the use of game servers, bots, or anything that utilizes a high amount of CPU on a nonstop basis. Users that are found to be breaking these rules will be hard limited. Burst Memory Burst memory is not guaranteed memory and should not be relied upon for application use. Users found to be abusing burst memory will have it removed without warning. Abuse of burst memory is considered using more than your guaranteed allotment for extended periods of time. Users found to be in excess of their guaranteed memory for more than four hours in a twenty four hour period will be hard limited to their guaranteed amount.
Fees are payable in advance on the first day of each billing cycle. Customer's billing cycle shall be monthly or annually as indicated on their order, beginning on the service commencement date. The provider may require payment for the first billing cycle before beginning the service. Invoiced fees may be issued on or before the 1st day of each billing cycle, and the fees shall be due no later than the due date, but in no event earlier than the first day of each billing cycle. The provider may charge interest on overdue amounts at the lesser of 1.5% per month or the maximum non-usurious rate under applicable law. The provider may suspend the service without notice if payment for the service is 15 days overdue. Fee Increases: the provider may increase its fees for services effective the first day of a renewal term by giving notice to the customer in writing (e-mail, providers web site) if the customer does not give a notice of non-renewal, the customer shall be deemed to have accepted the new fee for that renewal term and any subsequent renewal terms.
Customer agrees to indemnify and hold harmless the provider, provider's affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorney fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of customer's services in violation of applicable law or the AUP by customer or any person using customer's log on information, regardless of whether such person has been authorized to use the services by customer.
The provider does not warrant or represent that the services will be uninterrupted, error-free, or completely secure. To the extent permitted by applicable law the provider disclaims any and all warranties including the implied warranties of merchantability, fitness for a particular purpose, and noninfringement. To the extent permitted by applicable law, all services are provided on an "as is" basis.
Neither party shall be liable to the other for any lost profits, or any indirect, special, incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages. Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of the provider and any of its employees, agents or affiliates, under any theory of law (including breach of contract, tort, strict liability, and infringement) shall be a payment of money not to exceed the amount payable by customer for three months of service.
Suspension of Service: Customer agrees that the provider may suspend services to the customer without notice and without liability if: (i) the provider reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) the provider reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay the provider´s reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection. Termination: Both parties may terminate the Agreement. The notice period is 2 months and begins on the first day of the calendar month following the month in which written notice was received by the other party.The Agreement may be terminated by Customer prior to the expiration of the initial term or any renewal term without further notice and without liability if the provider fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within thirty (30) days of Customer's written notice describing the failure in reasonable detail. The agreement may be terminated by the provider prior to the expiration of the initial term or any renewal term without further notice and without liability as follows: (i) upon four (4) days notice if Customer is overdue on the payment of any amount due under the agreement; (ii)
Customer agrees that the providermay, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer's customers or end users that the provider believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
The provider maintains daily backups for disaster recovery purposes. As a courtesy the provider will allow restoration from these backups per the following policy: Unmanaged Services: 1 courtesy restore per month, complex restores may require a fee to be determined at the time of request. Managed Services: 3 courtesy restores per month, complex restores included. Additional backup requests will be charged per request with complex restores quoted on a case by case basis. The provider will endeavor to maintain and keep accurate backups but in no way guarantees backups against failures, data corruption, negligence, or other unforeseen issues. Customers are always encouraged to maintain their own set of up to date backups regardless of the service used.
Upgrades and other changes in the provider's network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer's hosted content and/or applications. The provider reserves the right to change its network in its commercially reasonable discretion, and the provider shall not be liable for any resulting harm to Customer.
The Agreement shall be governed by the laws of the Slovak republic.
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party's name or trade mark without the other party's prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer's purchase order or other business forms are not binding on x10Hosting unless they are expressly incorporated into a formal written agreement signed by both parties. A party's failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party's rights with respect to that provision or any other provision of the Agreement. A party's waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without x10Hosting's prior written consent. x10Hosting's approval for assignment is contingent on the assignee meeting x10Hosting's credit approval criteria. x10Hosting may assign the Agreement in whole or in part. This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral.
