These terms of service (hereinafter referred to as the "Terms and Conditions" or the "Agreement") govern the use of the services (hereinafter referred to as the "Services") provided through the serva.one website and all its subdomains (hereinafter referred to as the "Website"), and therefore, they are an Agreement between the user of the Services and SERVA ONE LTD (hereinafter referred to as the Operator) as the operator of the Site.
The General Service Operator provides the creation and use of a virtual private server. (hereinafter referred to as UPU) in accordance with the conditions stipulated by this agreement.
The use of the Website and/or Services may only be carried out in relation to this Agreement, therefore, a person planning to use the Website and/or Services should carefully read this Agreement. If the terms of the Agreement are fully accepted by a person, then that person may start using the Website and/or Services, otherwise (even if the person does not agree with any small detail of this Agreement), the person must leave the Website and immediately stop using the Services . Your use of the Website and/or Services in any way constitutes your acceptance and full acceptance of the terms of this Agreement. The Operator has the right to unilaterally amend the Agreement in any way and at any time. If such changes are made, the Operator will notify about this by posting an announcement on the Site at least 30 days in advance. Use of the Services/Website after the expiration date stated in the announcement constitutes full acceptance of such changes.
1.1 By using the Website and/or the Services, any person using the Website and/or the Service (hereinafter the User) represents and warrants that he/she is 18 years of age or older. The Operator has the right to refuse to provide the services of the Site to any User. The User is solely responsible for ensuring that his activities on the Site do not contradict any regulations applicable to this User. The User uses the Website and Services only on his own behalf, and any additional use is considered a violation of this Agreement.
Use of the Site and/or Services by the User's employees is not considered sub-use. Such use shall be deemed use by the User himself and, therefore, each term of this Agreement shall apply to any employee using the Website and/or Services. If the User doubts his ability to ensure that his employee complies with the terms of this Agreement, the User must not allow such employee to use the Site and / or Services. The user is solely responsible for
actions and omissions of its employees and any other affiliates.
1.2 To use the Website and Services, the User must provide information to the Website and register an account (hereinafter referred to as the “Account”). The User must provide accurate and complete information and update the Account information. Forbidden:
1) use as a username a name that is subject to any rights of a person other than the User without appropriate permission;
2) to select or use name of another person with the intent to impersonate that person;
3) use as a username a name that is otherwise offensive, vulgar or obscene (including translations and transliterations).
The User is solely responsible for any (without limitation) activities that occur in the Account. The User is responsible for the security of the password to the Account and in no way should publish any login information. Use of another User's Account is strictly prohibited without the proper permission of that User. The User must immediately notify the Operator of any change in the User's right to use the Website and/or Services (including any change or withdrawal of any licenses from any authority), breach of security or unauthorized use of the Account.
The Operator shall not be liable for any loss or damage resulting from the User's failure to provide the Operator with accurate information or to ensure the security of the Account.
1.3. Under this Agreement, the Operator means not only the Operator as a legal entity, but also all of its personnel and affiliates.
2.1 Any information, data, text, written communications and comments, software, scripts, graphics and interactive features generated, provided or otherwise made available on or through the Website and/or Services are referred to as Content; Content includes all VPS data associated with the respective User Account.
All Content added, created, uploaded, submitted, distributed or posted using the Services (directly or indirectly) by a User (hereinafter referred to as "User Content"), published publicly, privately transmitted or stored on a VPS, is the sole responsibility of the person who created such User Content. The User is responsible for ensuring that all User Content provided by that User is accurate, complete, and complies with all applicable regulations. The Operator is not responsible for the compliance of the User Content with the above criteria, and each User uses the Site and / or Services at his own risk.
2.2 The use, reproduction, modification, distribution or storage of any Content for purposes other than the use of the Website is expressly prohibited without the prior written permission of the Operator. Selling, licensing, renting, etc. of any Content for commercial use or in any way that violates the rights of third parties is strictly prohibited.
2.3 By posting any User Content other than privately transmitted User Content, Applicant hereby grants to the Operator a worldwide, non-exclusive, perpetual, royalty-free, fully-paid and transferable license to use, aggregate, reproduce, distribute, prepare derivative works of, display, perform and otherwise make full use of such User Content in connection with the Website (including sublicensing) and the Operator, including but not limited to promoting and distributing part or all of the Website or the Services (and works derived from them) in any media formats and through any media channels (including but not limited to third party websites and channels), including after the termination of the relevant User Account or Website.
User hereby also grants each third party a non-exclusive, perpetual license to access any User Content that is made available to such user through the Services.
3. Rules of conduct
3.1 As a condition of use, the User agrees not to use the Services for any purpose prohibited by this Agreement. The User is solely responsible for each of his actions or inactions without any restrictions, including for the actions of his employees, affiliates and any person using the Content created by the User located on the User's VPS.
All of the following rules of conduct apply to the User, its employees, affiliates and any person using User-generated Content hosted on the User's VPS. The user is solely responsible for compliance with these rules of conduct by all the above persons.
3.2 The User agrees not to transmit, distribute, publish, store, link or otherwise transmit Content, information, software or materials on or through the Service that 1) is false, misleading, false or inaccurate, and this fact is known to the User;
2) impersonates any person other than the User;
3) contains any confidential and/or secret information about any person other than the User, and without all necessary permissions;
4) is prohibited by the relevant regulatory enactments in any way without any restrictions;
5) is unlawful, threatening, abusive, harassing, libelous, misleading, fraudulent, invasive of the privacy of another person, unlawful, abusive, abusive or otherwise inappropriate, as determined by the Operator in its sole discretion.
3.3 User limited
1) take any action that imposes or may impose (determined by the Operator at its sole discretion) an unreasonable or disproportionately large burden oninfrastructure (or third party providers), including the use of any mechanism to exceed the amount of resources assigned to the User under this Agreement;
2) interfere with (including attempt to do so) the normal operation of the Site or VPS;
3) bypass, bypass (including trying to do so) any preventive and (or) restrictive measures;
4) collect or scrape any Content from the Website;
5) launch any form of "spam" and/or perform any actions that may result in the inclusion of its IP address and/or the Operator's IP address in any blacklist;
6) use the VPS for high-risk activities (for example, where service failure could result in serious damage such as death, injury, or environmental damage);
7) perform any actions that violate the Agreement or contradict (or potentially could) generally accepted morality, meaning and / or any applicable regulatory act, in particular, it is prohibited to participate in terrorist activities in any way; laundering of money; distribution of child pornography; invasion of privacy (includingpublication and re-publication of defamatory statements, harassment and embarrassing actions); inciting national, ethnic, racial and any other hatred; forgery, identity theft, misdirection or interference with electronic communications; unfair advertising, any other unfair, immoral and/or illegal schemes; illegal data collection activities;
8) attempt to obtain any source code or basic ideas or algorithms of any part of the Website or VPS;
9) distribute or transfer in any way the rights obtained under this Agreement;
10) create derivative works in any way (translate, modify, etc.) based on the works of any part of the Website and / or the Services provided by it;
11) create several accounts with the same payment information without notifying the Operator before registration;
12) evade legitimate requests (direct, indirect, periodic, including for statistical purposes) of state bodies and the Operator;
13) use any software with malicious intent, including (but not limited to) viruses, trojans, keyloggers, botnets, malware, floods, mail and logic bombs, denial of service attacks;
14) violate intellectual property rights of third parties (including industrial property rights);
15) use the VPS for any export or import activity that does not comply with the relevant regulations of the European Union;
16) make your User account easily accessible (including but not limited to: using weak passwords or insecure protocols, providing access to login information to third parties, etc.).
3.4 The user must
3.4 The user must1) comply with all applicable (including international) regulations, laws and regulations;
2) strictly comply with the terms of this Agreement;
3) notify the Operator of any security breach or threat and/or breach of this Agreement as soon as possible;
4) assist and support the Operator in treating, preventing and/or investigating a security breach or breach of this Agreement;
5) notify the Operator of any infringement of intellectual property rights in relation to the relevant regulatory acts of the European Union;
6) ensure that any person using the data stored on the VPS and/or the Services is informed of this Agreement prior to using the data.
3.5 The Operator has the right to access, read, collect and disclose any information in order to:
1) to meet the requirements of the authority and / or regulation or the User who posted the information;
2) to enforce this Agreement, including (but not limited to) investigating a technical or security issue, violation of the Agreement and/or regulations. In any case, the Operator has the right to do any reasonable and necessary to protect himself, other Users and the Site.
3.6. The Operator has the right to determine whether the User's actions are a violation of clause.
3.3. of this Agreement at the sole discretion of the Operator.
3.7. The Operator has the right to terminate the User's access with or without notice. on the VPS in case of violation of this Agreement.
3.8. The Operator does not bear any responsibility for the use of third party resources or services. If the User gains access to such services (including through a link provided by the Operator), he does so at his own risk.
3.9. Upon receipt of a claim about the actions or inaction of the Users from third parties, the Operator may provide the User within 24 hours to eliminate the causedemand. Whether the User succeeded in eliminating the cause of the claim should be determined by the Operator at its own discretion.
4. Payments and billing
4.1 The list of acceptable payment methods is available on the Site and can be changed by the Operator at any time.
4.2. The terms of payment that are presented to the User in the process of using or subscribing to services are an integral part of this Agreement.
4.3. The Operator does not own any payment system and is not a financial service provider. The Operator uses such services provided by third parties to bill Users. Payment processing is carried out by such third parties and is outside the scope of this Agreement, thus, when choosing a particular payment method, the User:1) fully and unconditionally agrees to the conditions associated with the respective payment method;2) authorizes the Operator to collect fees from the payment provider chosen by the User;3) provides up-to-date, reliable and complete payment information when using the services provided for by this Agreement.
4.4. The Operator is not responsible for the actions or inaction of the payment system.
4.5. The term of this Agreement is one month from the date on which the User registers electronically for the Services by creating an Account.
4.6. All invoices are denominated and the User must pay them in euros.
4.7. The User will be billed on a monthly basis with a due date of fourteen days, unless the User and the Operator specifically agree otherwise (for example, annual payment, special offers, etc.).
4.8. Payments for services under this Agreement are usually monthly payments, therefore the Operator has the right to charge periodic payments (for example, monthly) without additional permission from the User until the User provides prior notice (receipt of which must be confirmed by the Operator) that he terminated this permission. Such notice will not affect payments submitted to the Operator.could reasonably act.
4.9. In case of cancellation of the payment method for any reason (including, but not limited to: theft, loss, unauthorized disclosure of registration information), the User must immediately inform the Operator about this. If the User does not do this, then he implicitly agrees that the Operator will continue to charge the User for the services.
4.10. If any account of the Operator is due for more than 15 days, then the Operator shall be entitled to terminate the provision of services to the User and / or receive the full amount due, including any attorneys' fees and legal costs.
4.11. If any account of the Operator is due for more than 21 days, then the Operator has the right to completely delete the relevant User Account and / or all information associated with it (including User Content and VPS). The Operator must notify the User of such intentions at least five days prior to deletion.
Applicable Regulations and Jurisdiction
5.1. Any dispute, controversy or claim arising in connection with this Agreement or its violation, termination or invalidity shall be resolved in Ukrainian courts.
5.2. This Agreement is governed by the laws and regulations of United Kingdom.
6. Other conditions
6.1. The Operator is released from any liability for any Content contained inaccess through the Website and/or Services, including but not limited to: fororigin, accuracy, copyright or legality of the material or Content.
6.2. The operator is released from any liability for any loss of profit, loss of data, costsprocurement of replacement goods or services, or special, indirect, incidental,punitive, compensatory or consequential damages of any kind, replacegoods or services (regardless of their occurrence), for any errors, viruses and the like (regardless ofsource of origin), or for any direct damage exceeding (cumulatively) onethe monthly fee paid by the User for the previous month preceding the day of the malicious event.
6.3. The services and content are provided "as is", "as available" and withoutwarranties of any kind, express or implied, including, but not limited to, impliedwarranties of title, non-infringement, merchantability and fitness for a particular purposepurposes, as well as any warranties implied by any course of action or trade,all of which are expressly rejected. Each User uses the Website and its Servicesolely at your own risk.
6.4. The User undertakes to protect, indemnify and hold harmless the Operator from anyliabilities, claims and expenses, including any attorneys' fees that arise or are related toUser (or any third party using the Account or identity) use or misuse or accessto, VPS and Services, Content (including User Content), violation of theseAgreement or any law, or violation of any intellectual property or other rightany natural or legal person.
6.5. The Operator does not warrant that the Services will be secure or available atany particular time or place; any content or software available on or throughservices do not contain viruses or other harmful components; any defects or errors will becorrected; or the results of using the services will meet your requirements or bring yousatisfaction.
6.6. The user is solely responsible for creating backups unless he subscribes toautomated backup provided by the Operator. The operator is not required to do so;therefore, the Operator is not responsible for the loss of data resulting from the impossibilityrecover information.
6.7. The user must take all necessary measures to maintain confidentialityany information received from the Operator. The user is prohibited from disclosing suchinformation in any way.
6.8. No one is responsible for failure to comply with the terms of this document to the extent thata party cannot perform its functions as a result of force majeure (any action or eventthat occurs and is beyond the reasonable control of the party, including, but not limited to,acts of God, war, riots or riots, strikes, any act of a government agency, weather,quarantine, fire, flood, earthquake, explosion, utility or communication outage,Internet disruption, alien invasion, or any unforeseen change in circumstances or anyother causes beyond the reasonable control of either party). No force majeurereleases the party from informing the other party about such an event and performing reasonablemeasures to restore the possibility of executing this Agreement.
6.9. The Operator notifies the User by e-mail, which the User indicates in the Account, aboutThe User notifies the Operator by e-mail indicated on the Site.
6.10. This Agreement constitutes the complete and complete agreement between the Userand Operator. The User and the Operator are bound by this Agreement withfrom the date of purchase of the Service until the termination of the Agreement.
6.11. This Agreement shall be deemed terminated when one party notifies the otherthe parties about their intention to terminate this Agreement and at the same time the parties do nothave unresolved disputes, and all Services provided prior to the date of termination arefully paid. The Operator has the right to unilaterally terminate this Agreement in the event ofViolation by the User of this Agreement without any restrictions or limitations.