General Terms and Conditions of Services changes 2006-09-30 00:00:00 - 2015-09-21 00:00:00
ServerAstra Ltd. General Co.
General Terms and Conditions
ServerAstra Ltd. (hereinafter Company) provides web hosting
Conditions of Services
ServerAstra Ltd. (hereinafter Company) provides web hosting
By signing up for and/or otherwise accessing any of the services or products offered by ServerAstra Ltd. (hereinafter: Provider) you agree to Subscribers around be bound by the world. The following terms of this Agreement. These Terms of Service and Conditions supersede all earlier versions.
Please read these terms and conditions carefully and thoroughly, as they describe your legal rights and obligations.
This Agreement is valid with the Service Level Agreement All services provided by Company are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Hungarian or EU law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. (hereinafter (hereinafter: SLA) are designed to provide and must be interpreted with that. You can find the highest level of service available.SLA on the Provider's web-site.
Content
I. General Provisions
I.I. The Subscriber agrees to indemnify and hold harmless Company scope of this Agreement
This agreement shall become effective as of the date of (1) your electronic signature on or acceptance of this Agreement, (2) the activation of your account or (3) your receipt of an e-mail from any claims resulting from the Subscriber's use of Company's services Provider confirming your order, whichever happens first.
This Agreement is effective for undetermined term.
You may take obligation for 1 year loyalty time contract, in which damages case you get discounted fee.
Either you or Provider may terminate this Agreement (and your access to your account) at any time with 30 days written notice, or
Provider may terminate this Agreement or suspend your account with no prior notice for a breach of this Agreement.
I.II. The subject of this Agreement
Regulation of relationship between Provider and Customer in case of dedicated server, co-location services, virtual private server (VPS) and web-hosting services.
I.III. Rights and obligations of the Subscriber or any other party.
Examples Contracting Parties
Examples
I.III.A./ Rights of prohibited content include (but are not limited to):
the Provider
Regarding the provision of the present GTCs and the SLA the Provider is entitled particularly:
- Pirated software
- Hacking sites, programs
- to handle the data of the Customer during the contracting period, after the contract is terminated the Provider is entitled to save the data for the fulfilment of his accountancy obligations (the contract is an accountancy voucher)
- to suspend the provision of the Service temporarily or
- Warez Sites
- Distribution
- to remove from their devices any data concerning the Customer and Customer's domain, in case the Customer repeatedly or seriously breached their obligations under the Agreement or these GTCs;
- to restrict temporarily reserved disk space for the Customer, transfer speed for the Customer or other Customer's activities to a level defined in the SLA, in case previous Customer's activities would cause a threat or a substantial limitation of fluency or functionality of devices of the Provider, of their subcontractors or of activities of other Customers;
- to transfer of contractual rights and obligations of this Agreement to a third party at the same time with notice toward to the Customer;
- to establish additional forms of protection of the Service, if it is necessary because of enhancement of its protection or because of protection of the Customer, unless establishing such protection creates additional costs to the Customer or unless the Customer agreed with these additional costs or asked for such establishment of additional protection of the Service;
- to change a time period for which invoices (tax documents) shall be issued to the Customer on a regular basis (hereinafter referred to as ,,the billing period");
- to additionally invoice items of the Service that could not be included in the invoice issued for the period in which these items were provided due to technical reasons or due to additional order by the Customer;
- to inform the Customer about products and development concerning the Service and other activities of the Provider via e-mail or by any other
- to ex parte diversify or change functional or technical specification of the Service or refine Customer interface to access the Service, if this diversification, change or refinement is in compliance with the latest expert knowledge in the relevant field or if it undoubtedly contributes to a Customer comfort when making use of the Services;
- to suspend or restrict providing the Service without any previous notification in justified cases, especially during planned maintenance, technical inspections, revisions, repairs on technical devices through which the
- to refuse to provide the Service to the Customer, if the provision of the Service was temporarily suspended before or if the Provider or other provider doing business in the same field withdraw from contract for repeated or serious obligation default by the Customer;
- to conclude an out-of-court settlement or other settlement with a third party;
- to surrender the domain in favour of a third party, i.e. to transfer the domain to a person who made a lawfully claim;
- to transfer the domain to any other third party at their discretion,
- to take other measures or to deal with the domain otherwise so that no damage could occur to the Provider;
- to withdraw from the Agreement with immediate effect and to terminate the Services immediately, if the Customer places prohibited contents (see I.III.D. article) to the devices of the Provider. In this case the Customer does not
- to withdraw from the Agreement with immediate effect, to terminate the Services immediately and to enforce his compensation claim on a legal way for the for the losses and injuries caused by the Customer, if the Customer places prohibited content(s) to the devices of the Provider or uses the Services to distribute, support or accommodate prohibited content(s) (see I.III.D. article). In the case, regulated in present paragraph, the Customer does not get fee refund;
- to provide the Customer a discounted fee or a preferential tariff in return the Customer undertakes contractual loyalty time
- to provide the Customer to a discounted fee or a preferential tariff beyond the contractual loyalty time.
Company will be the sole arbiter as to what constitutes a violation of this provision.
Housing of any
I.III.B./ Obligations
of theProvider
is- to provide
- PortScanning - We do not allow any kind of port scanning to be done on or from our servers or network.
- Spamming, i.e. the sending of unsolicited email, from any Company server or any server located on the Company network is STRICTLY prohibited. Company will be the sole arbiter as to what constitutes a violation of this provision. This also includes Opt-in Opt-out mail programs and mail that either directly or indirectly references a domain contained within an account at Company.
- Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Company Subscribers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing, selling, or utilizing lists of email addresses from 3rd parties for mailing to or from any Company-hosted domain, or referencing any Company account, is prohibited.
- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks is prohibited.
- Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.
- Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.
_Help Desk_means a Customer care centre that exercises all the requirements and notifications of the Provider concerning the provided Service towards each Customer, it provides the Customer with technical support and accepts his warranties, complaints, requests and other claims.
- via Help Desk to respond the Customer's request within 15 days and to give suggestion for solution.
- to ensure server functionality;
- to update software on a regular basis, in terms of functionality and safety of server;
- to take precautions to lower or entirely eliminate any possible failures in the Service provision;
- to perform planned precautionary Service disconnection for the purpose of control, maintenance or replacement of hardware, or if needed for software setup or update (hereinafter referred to as ,,the Service disconnection");
- to inform in advance about planned Service disconnection on their web site, possibly by e- mail or by any other proper means to notify concerned Customers thereof;
- to meet other obligations as follows from the Agreement and these GTCs;
- to notify the Customer without undue delay at least 24 hours in advance of any possible foreseeable restrictions, suspensions or changes to the provision of the Service or planned measures in the Internet network and on devices of the Provider or a third party that may influence the provision of the Service.
I.III.C./ Rights of the Customer
The Customer is entitled particularly:
- to make use of the Services provided by the Provider under the conditions set out in these GTCs, not to be interfered with other Customer or third party or Provider when making use of the Services;
- to approach the Help Desk with their requests, complaints and suggestions,
- to choose any domain from the Provider's offer or from free domains in accordance with relevant domain registration rules;
- to the provision of complete and true information about facts that might influence the quality and stability of the Services provided by the Provider, namely in a sufficient advance, if such provision of information is possible and expectable regarding the circumstances and situation;
- to make use of given space and FTP access solely for the purpose of placing, respectively updating website;
I.III.D./ Obligations of the Customer
The Customer is obliged to provide his following data for Provider:
- if the Customer is natural person: his full name, his permanent address, his postal address if it is not the same as permanent address, e-mail address;
- if the Customer is organization: the name of the organization, its registration number and/or its tax number, its address of site, the name of its leader and the data of the leader like in section i. The leader is obliged to send his or her specimen of signature for the Provider electronically (via e-mail).
The Customer is fully liable for damages caused by inaccurate and out-of-date personal data.
The Customer is obliged to pay fee for the services.
The Customer is particularly obliged to use legally the devices and the services of the Provider. According to the above prohibited:
- to promote prostitution, to promote, support or engaged in drugs, human trafficking and other crimes;
- to place contents encouraging or it is suitable to encourage national, racial and ethnic hatred, promoting fascism, communism or other similar ideologies;
- software gained illegally for the purpose of its further sale and providing to third parties;
- to use such servers focusing on an unsolicited e-mail (spam) spread;
- to use servers which excessively overloading the line;
- to use servers which violating copyright or other intellectual property rights (e.g.: music files, movie files and so on);
- to use any servers that can even partly be included into the above-mentioned categories;
- to store or to distribute data violating laws of Hungary or the European Union;
The Customer is obliged
- to notify the Provider via Help Desk or via Customer web interface made accessible by the Provider through the Internet network for the Service during the existence of the contractual relationship:
- of changes to the Contact name at the latest within 10 days from such a change;
- of all changes to the identification and billing data at the latest within 10 days from such a change;
- to notify the Provider without undue delay of all facts known by the Customer that might negatively influence providing the Services by the Provider;
- Logging into a server or account that
The Customer may not to provide the Services provided by the Provider to a third party without previous written consent of the Provider.
The Customer is aware of their possible criminal liability under Act C. of 2012. Penal Code for a conduct contrary to the provisions of the stated act.
II. Special provisions
II.I. Dedicated Server services
This and any other agreement with the Provider of Dedicated Server does not grant or entitle, expressly or otherwise, any right, title or interest in the hardware (including, but not limited to any server) of the Provider of Dedicated Server.
The exact details you may find in the Service Level Agreement on Provider's website.
II.II. Co-location Services
The co-location service includes the technical elements which are defined in the SLA.
The Provider is entitled to recourse to a subcontractor and to assign this contract to a third party.
To these the Customer approval is not needed.
Availability
The service provider gains access to the service access point during the full year in respect of possible uptime of 99.5% of the service availability.
Additional fee is payable for installing the racks, cabinets, cages, custom space, electrical circuits, fiber optic connections, cable, panels and other items necessary for the Equipment to function in the Space, plus a prepayment equal to the number of month's recurring fees determined by Provider in the SLA.
The exact details you may find in the Service Level Agreement on Provider's website.
II.III. Virtual Private Servers (VPS)
The exact details you may find in the Service Level Agreement on Provider's website.
II.IV. Web-hosting
II.IV.A./ Server Set-Up and Updating
Provider will initially configure the web server and the hosting account for use. After the hosting account is configured, Customer will be solely responsible for all account content management.
II.IV.B./ Maintenance Services
Provider will perform maintenance services as Provider determines reasonably necessary to maintain the continuous operation of the hosting account. Customer acknowledges such maintenance may require Web server and hosting account downtime, and such downtime will not count as breaching the contract. Provider will attempt to provide prior notice of maintenance downtime except when circumstances beyond Provider's control limit Provider's ability to do so.
II.IV.C./ Account Usage
Customer shall not use
- excessive amounts of CPU processing on Customer's Web server, or
- bandwidth or disk usage in excess of the monthly amount ordered. Customer acknowledges any violation of this policy may result in corrective action by Provider, in its sole discretion, including assessment of additional charges or disconnection or discontinuance of any and all Services to Customer.
In the event that Provider decides to take corrective action, Customer shall not be entitled to a refund of any fees paid in advance prior to such corrective action.
II.IV.D./ Customer shall be solely responsible for
- the development, operation, and maintenance of Customer's Web site and products and all content and materials appearing within the Web site or related to Customer's products;
- the accuracy and appropriateness of content and materials appearing within the Web site or related to Customer's products,
- ensuring that the content and materials appearing within the Web site or related to Customer's products do not violate or infringe upon the rights of any third party,
- ensuring that the content and materials appearing within the Web site or related to Customer's products are not libelous or otherwise illegal;
Technical Support is handled according to the SLA and the
II.IV.E./ IP Address Ownership
Provider and/or Provider's
serviceScheduled Maintenance
Company will use its commercially reasonable efforts to provide services 24 hours a day, seven days a week. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades ("Scheduled Downtime"); or service malfunctions, and causes beyond Company's
Refunds
Notice of cancellation must be given before
II.IV.F./ Caching
Customer grants Provider a license to cache
theSetup fee
Euro 15 will be deducted from the money refunded if the user's domain was registered via Company's free domain registration method.
Any violation of Company's Terms of Service Agreement
III. Final provisions
GOVERNING LAWS: The agreement between you and the Provider
shallAccount Setup, Termination, and Billing
The account will be charged on
Banking Orders
Accounts for Subscribers who wish to pay using bank transfer will be setup when the payment
This GTCs
isDisabling of accounts due
By signing this Agreement the Contracting Parties declare that they are entitled
toAccounts will be disabled if payment is
Termination of accounts due to overdue payment
If the account is not paid within 5 days of the invoice date, the account will be terminated and all information within the account will be deleted.
Cancellation Procedure
Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, billing information in the form of a partial credit card number or other payment information, or the billing password. Non-secure information, such as the contact email address or account billing address, is not sufficient as security verification.
Free Domain Name Registration
Company will register any available .com, .org, or .net domain for free upon creation of a new account. The free domain offer does not apply to existing accounts, or to orders that did not request the free domain registration at the time the order was placed.
Free registration is for the first year only; subsequent renewals are $15 per year that the domain is renewed for.
Courtesy Services for Subscribers
All services such as backup and Control Panel are provided for the courtesy of the Subscriber. It is the sole responsibility of the Subscriber to maintain the Subscriber's own backup of any data. Company is not responsible for lost data or for lost data due to third party software that is not maintained by Company programming staff. (Control Panel’s developers are not associated with Company)
Promotional Use
Company may refer to Subscriber, Subscriber’s company, or their logo's for promotional purposes. Subscriber’s company name, logos and the services that were provided to the Subscriber by Company may be used in promotional materials, advertising, marketing releases, newsletter, public disclosures and on the Company website. This reference will be strictly limited to disclosure that Company has provided services to the company and will not contain any confidential, sensitive or proprietary information in such a reference. The reference will also not provide any personally identifiable information about the individual or technical information regarding the server configuration and design used by the Subscriber at Company. However, Company may disclose any information requested by law enforcement or when compelled by court order, applicable laws or regulations.
Any work or professional services performed or provided by Company under this Agreement shall not be deemed “Work For Hire” but Company shall grant a non-exclusive, non-transferable license to Subscriber, for the duration of this Agreement, its employees, affiliates, and third parties commissioned by Company.
Limitation of Damages
Recovery of damages from Company may not exceed the amount of fees it has collected on the account.
General
Terms of Service are subject to change without any prior notification.
These Terms of Service are a legally binding contract between the Subscriber and Company.
By opening an account, the Subscriber agrees to the above-stated terms.
Anything not listed in the Terms of Service is open to interpretation and change by Company administrators without prior notice.
Any violation of these Terms of Service will result in termination of the account. Company maintains the right to terminate accounts without prior notification.
We reserve the right to remove any account with 15 days prior notice.
Dispute Resolution
Any dispute between Company and a Subscriber shall be resolved by the Hungarian courts. Each party shall bear its own expenses and legal fees for the resolution. The resolution shall be conducted in Pest County, Budapest, unless both parties agree in writing to a different location. The resolution award is enforceable as a judgment of any court having proper jurisdiction.
Indemnification
Subscriber agrees to indemnify and hold harmless Company, its subsidiaries, their affiliates and each of their respective directors, officers, employees, shareholders and agents (each an "Indemnified Party") against any losses, claims, damages, liabilities, penalties, actions, proceedings, judgments, or any and all costs thereof (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of, or relate to the Agreement, Subscriber's use of the Products and Services, breach of any confidentiality obligation or any alleged infringement of any trademark, copyright, patent or other intellectual property right and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys' fees incurred by such Indemnified Party, in connection with investigating, defending, or settling any Loss, whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.
Service Level Agreement
Subscriber shall chose one of the following service level plans which designate the Refund, Support and Failure handling policies for the Company’s service during the paid period.
1. Best Effort
a) In case of a network failure, power failure or conditioning failure the total downtime shall not exceed 1 percent per month.
b) In case of hardware failure the replacement shall not exceed 6 working days.
c) Technical Support Ticket answering time:
1. average shall be kept within 55 minutes threshold
2. shall not exceed 1 working day threshold.
If the Company fails to satisfy the terms 1.a) and/or 1.b) and/or 1.c).3 and the dissatisfied Subscriber opens a case reporting the downtime the Company shall allow the Subscriber to be partially refunded within the boundaries of the formula: (p / M) * (M - n), where p - monthly payment for the service, M - days in the month of the unscheduled downtime, n - days of successful service provision to the Subscriber during the observed period, if the Subscriber decides to leave the service.
The Company shall not be obliged to any payouts in case of any disruption of the service.
2. Bronze
a) In case of a network failure, power failure or conditioning failure the total downtime shall not exceed 1 percent per month.
b) In case of hardware failure the replacement shall not exceed 3 working day.
c) Technical Support Ticket answering time:
1. average shall be kept within 35 minutes threshold
2. shall not exceed 6 hour threshold.
If the Company fails to satisfy the terms 2.a) and/or 2.b) and/or 2.c).3 and the dissatisfied Subscriber opens a case reporting the downtime the Company shall allow the Subscriber to be fully refunded for the whole month of the occurred service disruption, if the Subscriber decides to leave the service.
The Company shall not be obliged to any payouts in case of any disruption of the service.
3. Silver
a) In case of a network failure, power failure or conditioning failure the total downtime shall not exceed 0,5 percent per month.
b) In case of hardware failure the replacement shall not exceed 2 working days.
c) Technical Support Ticket answering time:
1. average shall be kept within 15 minutes threshold
2. shall not exceed 1 hour threshold.
If the Company fails to satisfy the terms 3.a) and/or 3.b) and/or 3.c).3 and the dissatisfied Subscriber opens a case reporting the downtime the Company shall allow the Subscriber to be fully refunded for the whole month of the occurred service disruption, if the Subscriber decides to leave the service.
The Company shall be obliged to payouts if the Subscriber opens a technical support trouble ticket with a confirmed by Company's representative technical problem in case of term 3.a) and/or 3.b) or a complaint in case of term 3.c).2 within the boundaries of the following formula: ((p / M) * 1) * d, where p - monthly payment for the service, M - days in the month of the unscheduled downtime, d - days of unscheduled downtime, and not exceeding the prepaid service provision period. The payout cannot exceed the amount of 1 monthly payment within the service provisioning term the complaints and/or technical support trouble tickets were sent.
4. Gold
a) In case of a network failure, power failure or conditioning failure the total downtime shall not exceed 0,1 percent per month.
b) In case of hardware failure the replacement shall not exceed 1 working day.
c) Technical Support Ticket answering time:
1. average shall be kept within 10 minutes threshold
2. shall not exceed 40 minutes threshold.
If the Company fails to satisfy the terms 4.a) and/or 4.b) and/or 4.c).3 and the dissatisfied Subscriber opens a case reporting the downtime the Company shall allow the Subscriber to be fully refunded for the whole month of the occurred service disruption, if the Subscriber decides to leave the service.
The Company shall be obliged to payouts if the Subscriber opens a technical support trouble ticket with a confirmed by Company's representative technical problem in case of term 4.a) and/or 4.b) or a complaint in case of term 4.c).2 within the boundaries of the following formula: ((p / M) * 2) * d, where p - monthly payment for the service, M - days in the month of the unscheduled downtime, d - days of unscheduled downtime, and not exceeding the prepaid service provision period. The payout cannot exceed the amount of 3 monthly payments within the service provisioning term the complaints and/or technical support trouble tickets were sent.
5. Platinum
a) In case of a network failure, power failure or conditioning failure the total downtime shall not exceed 0,005 percent per month.
b) In case of hardware failure the replacement shall not exceed 1 working day.
c) Technical Support Ticket answering time:
1. average shall be kept within 10 minutes threshold
2. shall not exceed 30 min threshold.
If the Company fails to satisfy the terms 5.a) and/or 5.b) and/or 5.c).3 and the dissatisfied Subscriber opens a case reporting the downtime the Company shall allow the Subscriber to be fully refunded for the whole term of the occurred service disruption, if the Subscriber decides to leave the service.
The Company shall be obliged to payouts if the Subscriber opens a technical support trouble ticket with a confirmed by Company's representative technical problem in case of term 5.a) and/or 5.b) or a complaint in case of term 5.c).3 within the boundaries of the following formula: ((p / M) * 4) * d, where p - monthly payment for the service, M - days in the month of the unscheduled downtime, d - days of unscheduled downtime, and not exceeding the prepaid service provision period. The payout cannot exceed the amount of 3 monthly payments within one request.
ServerAstra Ltd. GTCs Valid from: 2015.09.21.