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By clicking "I agree" or using the Platform (as defined below), you agree with the terms and conditions.
BETWEEN:
(1). SecureAttack LLC, acting on the basis of the Charter (the "Company"), on the one hand, and
(2). User (as defined below) of the Platform, on the other hand (hereinafter - "User"), hereinafter collectively referred to as the "Parties" and individually as a "Party".
1. STATEMENT OF BUSINESS, CORPORATE AND BRAND OWNERSHIP
«SecureAttack services, website, communication, brand image and property are the property of SecureAttack only. The employees of SecureAttack are the responsibility of SecureAttack only when trading and/or representing the company. SecureAttack web hosting services and brand shall therefore, in this document and in the service, be referred to as "SecureAttack", "We" and "Us".» –
2. INDEMNIFICATION
SecureAttack clients are required to protect, hold harmless, defend and indemnify SecureAttack, its parent company, its employees, any third party involved in delivering the service to the client, or any other party, from and/or against any and all losses, liabilities, judgements, costs, court proceedings, causes of actions, including but not limited to legal costs and expenses.
3. SECUREATTACK SERVICES
SecureAttack services in reference to Linux and Windows Shared, Reseller, Virtual Private Servers and Dedicated accounts include, but are not limited to the following: Any act of preparing, creating, modifying, connecting, maintaining, terminating or reconnecting a user's web hosting account, customer support account, billing account or domain name; Any use by users, or accessing services provided by SecureAttack, of and including, computing, information, hardware, software, equipment; Billing users for their accounts, regardless of usage in a particular calendar month; Any other service provided to users whether utilised or not; Any or all other provisions, whether used or not, of any other type of service provided to users by SecureAttack, who shall be the sole arbiter as to what constitutes this clause. We are not reliable for issues with your server if you fail to bring it up with our team via a support ticket, LIVE SUPPORT, or telephone support systems. Support is not offered for users at the current time on instant messaging clients such as MSN, AIM etc. Spamming or abusing any of our support services or any features on our services may result in a service suspension without warning. We do not offer a refund if your service is suspended. Please refrain from abusing or spamming any of our systems or services.
4. PAYMENT DISPUTES / CHARGE-BACK'S
If a dispute or a charge-back is made on a payment to us, we reserve the right to immediately terminate your service without warning, even if we win the claim, you will also be liable to a fine of this price plus a L10 GBP administration fee. This will be sent to you via electronic mail (E-Mail), or postal mail. You agree to pay this fee, or you will to be liable to legal action. Payment disputes are a violation of contract (Terms of Service). All clients are required to contact us and give us reasonable time to repair any outstanding issues (if any). If you file a dispute for any reason we reserve the right to suspend or terminate your service without warning, we also reserve the right to close your account at any time.
5. OWNERSHIP OF WEB SITE/EQUIPMENT
The owner of each website or web hosting account used by any user and provided by SecureAttack shall be the listed owner, whether it be an individual, corporation, business, other legal party, which has been entered by the user upon activation or edited by the user. Users will co-operate fully with SecureAttack requests and instructions to enable their database to encompass an image of the ownership of a user's web site. Users will also co-operate fully with any of SecureAttack security methods, measures and procedures in the event of a dispute over the ownership of a web site. In the case of those users who utilise dedicated hosting (including but not limited to VPS), the equipment, unless expressed otherwise, will remain the sole property of SecureAttack.
6. ACTION TAKEN BY SECUREATTACK
SecureAttack reserve the right to suspend, limit, terminate or otherwise amend the service of a user who affects other SecureAttack users adversely, in any way, or otherwise breaches the terms in this document or any other document which binds them in an agreement with SecureAttack. SecureAttack also reserves the right to suspend, limit, terminate or otherwise amend the service of any client for any reason without refund or account credit. SecureAttack users agree to abide by any correction or preventative method that SecureAttack issue them or to their account. Other actions which are deemed irresponsible or jeopardise the service conveyed to other users also breach these terms of use. SecureAttack will be the sole arbiter as to what constitutes irresponsible action, or action which jeopardises the service conveyed to its users.
7. CLIENT RESPONSIBILITY
Clients of SecureAttack services are required to use them responsibly. This mainly encompasses ensuring that the service is still available and reliable to other SecureAttack users through ensuring that a web site does not exploit system resources. Therefore, SecureAttack reserve the right to suspend, without prior notice, a user's service which affects other users of the service adversely. SecureAttack does not monitor its users. Usage of the service on a regular basis (but may opt to without notice), but users are required to use the services provided to them by SecureAttack in such a way that it does not breach any terms set out in this document or any other document or law which binds the user. Failure to do so will result in immediate suspension/limitation/termination. Depending on how severe the occurrence is.
8. ILLEGAL USE
SecureAttack services may only be used for lawful purposes. Utilising any services, methods or equipment provided by SecureAttack to transmit, store or distribute information which promotes and/or facilitates the breach of any regulation or law, or actually breaches any regulation or law, is strictly prohibited. This includes, but is not limited to: Utilising any intellectual property, including trademarked and copyrighted material without gaining the relevant permissions and authorisations; Utilising the service to publicise or otherwise make available, or engage in, acts which violate the Computer Misuse Act; Transmitting DDoS or similar attacks to any location, inside or outside of our network; Material that is obscene, defamatory, threatening or harassing; Material which violates export control laws; Material which promotes or assists theft, fraud, assault, murder, terrorism, or any other law-breaching action or negligence; All other breaches of any regulation or law.
9. CHOICE OF LAW
9.1. The matters not regulated by and between the Parties in the present Contract shall be governed by the law of the Russian Federation.
DDOS PROTECTION
At SecureAttack we have a inclusive DDoS protection on all servers. By default all servers are on 'Detection Mode' You can send a support ticket for us to change this to 'Always on'.
11. NETWORK SPEEDS
Network speeds are not guaranteed and you may receive a lower speed than listed on the site, this is because the amount listed on the site is shared between the whole node. This also applies to custom packages.
12. DATA LOSS
We are not responsible if any hardware failures occur. We will aim to get your machine back up quickly, but we cannot be held liable for any data loss.
13. CAMFROG
We do NOT allow camfrog hosting on our VPS's, and our automatic system will suspend your VPS. We do not issue refunds in the event that you are suspended for hosting camfrog servers, as you will be in breach of our terms of service.
14. NODE ABUSE
We have an automatic system which will suspend if any user is abusing the node's resources. For example CPU and Bandwidth. You must not use more than your CPU allowance, however you can peak up-to double your CPU allowance, but abusing this will result in suspension. We do not issue refunds for any users abusing our nodes's resources.
15. LOCATION AVAILABILITY
We cannot always guarantee a selected location because of logistical reasons. In the event we cannot provide a selected location, we reserve the right to change the package to another location (if applicable). In the event we are unable to provide any other locations, we will offer a refund, as we will be unavailable to deliver the service. Clients do not have the right to a refund because of a location change. The client agrees to this when signing up to their service.
16. REFUNDS
We do not offer refunds for any services under any circumstances. Once a payment is made, it is final. We do however offer refunds in line with our SLA if there is a downtime issue.
17. PAYMENT SUBSCRIPTIONS
After cancelling a service, it is the clients responsibility to cancel the subscription on their payment gateway. Failure to do so may result in us holing/retaining the funds. This is the CLIENTS responsibility. SecureAttack has no control over the subscriptions.
18. COPYRIGHT VIOLATIONS
SecureAttack does not allow copyrighted materials belonging to another individual, entity or organisation to be stored or made available on its web servers. SecureAttack users are warned that utilising any individual or entity's copyrighted material breaches the SecureAttack Linux and Windows VPS, Web Hosting and Dedicated Servers. Individuals or entities who are utilising.
