Terms and Conditions
Terms and conditions. Version dated July 25, 2010.
PLEASE, READ CAREFULLY THESE TERMS AND CONDITIONS AS THEY ARE THE BASIS OF COOPERATION OF SERVERCLUB INC. WITH ITS CLIENTS.
ServerClub Inc., a company registered at: 512 Lucerne Ave., Suite 500 Lake Worth FL 33460 (hereinafter referred to as the OPERATOR), shall offer an individual (hereinafter referred to as the CLIENT) dedicated servers lease paid services with Internet connection.
1.1. Account: Clients name and password that provides access for the CLIENT to the OPERATORS system.
1.2. E-mail address: the set address of the CLIENT for messaging through the Internet.
1.3. Netiquette: the generally accepted code of conduct for Internet users established by RFC 1855 and the following versions of the said document.
1.4. The network: equipment used for networking and (if applicable) routing together with other technical devices, for network entry signal transmission by means of a cable, radio waves, optical devices and other electromagnetic devices to the extent that they are controlled by the OPERATOR.
1.5. Agreement: an Agreement between the OPERATOR and the CLIENT on the rendering of paid services by the OPERATOR to the CLIENT.
1.6. Server: a computer that is connected to the Internet, and used for data transmission, storage and processing, and owned by the OPERATOR.
1.7. Spam: mass sending of the undesirable messages in big quantities with the similar content and/or placing of the messages with the similar content in big quantities in the Internet newsgroups. Among these are the messages from which one may unsubscribe.
1.8 OPERATORS system: the whole set of the electronic documents, codes and data of the OPERATOR an access to which is provided to the CLIENT through a website at http://serverclub.com. The OPERATORS system may be used by the CLIENT only if these terms and conditions are accepted.
2. GENERAL PROVISIONS
2.1. These Terms and Conditions shall be applicable to all the proposals and agreements where the OPERATOR offers goods and services of any type to the CLIENT together with the goods and services not specified (in details) in the above-mentioned agreements. Any departure from these Terms and Conditions shall be valid if only agreed in writing.
2.2. These Terms and Conditions shall be unconditionally applicable for the CLIENT in the rendering of services by the OPERATOR to the CLIENT. The CLIENT shall agree with these Terms and Conditions by the date of execution of this Agreement. This shall be also applied to the additional orders made by the CLIENT orally, by phone, fax, e-mail or otherwise sent to the OPERATOR. In this case the OPERATORs written confirmation shall not be compulsory.
2.3. Any departure from these Terms and Conditions shall be allowed if only expressly agreed in writing by the OPERATOR.
2.4. Any operation shall be conducted at the OPERATORs rates that are effective and currently in force as of the date of the execution of this Agreement and indicated in the OPERATORs system. The prices are indicated in US dollars not including taxes. The third parties may charge unless otherwise agreed in writing.
2.5. Some services shall be rendered to the OPERATOR by the third parties. The OPERATOR shall not be liable for the services rendered by the third parties.
2.6. The CLIENT shall hereby entitle the OPERATOR to enter the CLIENTs personal information to the OPERATORs database that is necessary for solving of the on-line and administrative tasks. Only the Operator shall have access to this database. No third party shall have access to this database except as required by law or by order of the court. The CLIENT shall notify the OPERATOR in case of change in the respective data as soon as possible.
2.7. The CLIENT shall inform the OPERATOR about any change in the CLIENTs contact details by mail or fax. The OPERATOR shall communicate only with the contacts which information is offered by the CLIENT. The CLIENT shall provide the communication with the contacts by phone or mail.
3.1. Delivery means server hosting and its connection to the Internet.
3.2. Time of delivery shall be calculated approximately. Any delay in delivery shall not entitle the CLIENT to claim any indemnification or cancel an order. The information about the time of delivery shall be contained in the OPERATORs system.
3.3. If the OPERATOR is not able to complete an order on a temporary or permanent basis due to the circumstances even though they are caused by the OPERATOR, the OPERATOR shall reserve the right to cancel the delivery in part or in full. The OPERATOR shall notify the CLIENT of this decision.
3.4. Any claims in connection with the implementation of the Agreement and server performance shall be sent to the OPERATOR in writing. Any claim shall be inventoried on a regular basis, and the appropriate steps shall be taken to remedy the situation.
3.5. It is understood that the CLIENT shall enable the OPERATOR to clarify and eliminate the cause of a claim. In case of failure to comply with the abovementioned paragraph any CLIENTs claim shall be dismissed.
3.6. The CLIENT shall make payments regardless of any claim.
4.1. Any payment shall be made in advance unless otherwise agreed in writing.
4.2. Any bills shall be deemed to be paid only after their complete closing.
4.3. In case of delay in payment the OPERATOR shall reserve the right to suspend or stop rendering the service to the CLIENT not notifying or informing the CLIENT until all the outstanding bills are fully paid regardless of the duration of the overdue payment.
4.4. The OPERATOR may write off the CLIENTSs funds to discharge indebtedness to the company.
4.5. The OPERATOR shall have the right to change the rates. The CLIENT shall be early notified of any change by standard communication channels (e-mail, the OPERATORs SYSTEM, phone, mail), at least one week. The OPERATOR may change the price for services at any time. If the CLIENT does not accept the change, with the departure from these Terms and Conditions he or she shall be entitled to refuse the services until the change comes into force.
5. THE OPERATORs SYSTEM
5.1. The OPERATOR shall design, develop and administer the OPERATORs system.
5.2. Taken together the OPERATORs system shall be considered as the Operators property. The OPERATOR shall be a legal owner of all the intellectual property rights inter alia in respect of the OPERATORs content, style, texts, source codes and forms.
5.3 The CLIENT shall have the right to use the OPERATORs system. The following is the list of the main functions of the OPERATORs system available to the CLIENT:
- placing of orders on server delivery for further leasing
- obtaining of the information concerning the current rates of the OPERATOR
- obtaining of the information concerning the made payments, bills, the account current state
- obtaining of the information concerning the leased servers including the network traffic, server state
- administering of the leased servers including server reloading
5.4. The CLIENT shall not have the right to make any changes, duplicate in part or in full the OPERATORs system or place it its parts or its elements elsewhere in the Internet.
5.5 The CLIENT shall have the right for lawful use of the OPERATORs system only.
6. THE LEASED SERVERS
6.1. The OPERATOR shall provide the Internet connection of the servers via the third parties. The servers shall be placed in the areas leased from the third parties.
6.2. The CLIENT undertakes to create no hindrances and damage to any other clients, the users of the Internet or the OPERATORs SYSTEM. In particular, it is not allowed to run the processes or application on the leased servers if the CLIENT has every reason to believe that it may cause any noise or damage to the OPERATOR, other clients or users of the Internet.
6.3. It is not allowed to use the servers leased from the OPERATOR for unlawful purpose, activities or for the purpose being contrary to the applicable law, netiquette, these Terms and Conditions. This shall be applied to inter alia including but not limited to the following activities and behaviour: spam sending, mass sending of the undesirable messages in big quantities with the similar content and/or placing of the messages with the similar content in big quantities in the Internet newsgroups, intellectual property rights, placement or distribution of the child pornography;: the threat of the sexual actions, any kinds of discrimination, cracking, obtaining unlawful access to the computers or the computer systems, or accounts existing in the Internet, without owners permission, or any other action that is contrary to the US law currently in force or the law of the country where the leased servers are placed.
6.4. It is strictly prohibited to host services like IRC Chats , Camfrog video chats or other specific services that are prone to DDoS attacks.
6.5. The OPERATOR reserves the right to cancel any order that is breaking terms described in 6.4 without any prior notice.
6.6. In the OPERATOR suspects the CLIENT of any of the listed violation or breach the CLIENT shall be disconnected from the SYSTEM without any indemnification of the installments paid, and this Agreement shall be considered to be terminated. The OPERATOR shall reserve the right to claim the reimbursement of any damage caused by the CLIENTs actions.
6.7. The CLIENT shall have no right to transfer his//her account or other rights arising from this agreement to the third parties, or to sublease the leased server to the third parties without OPERATORs written consent.
6.8. The personnel of the OPERATOR or the person authorized by the OPERATOR shall have no access to the information concerning the CLIENTs account, and shall not control the CLIENTs activities in the OPERATORs system or in other Internet systems, except where the OPERATOR has serious reasons to believe that the CLIENT uses the OPERATORs system for cracking of the others computers or uses the OPERATORs services for any other unlawful actions and behavior, or for the actions specified in the paragraph 6.3.
7.1 The OPERATOR shall provide access to the leased server for the CLIENT after receiving the procurement request, payment for the leased server made by the CLIENT and installation of the leased server.
7.2. The OPERATOR may temporarily block access to the leased server or access to the Internet for the CLIENT if the CLIENT does not perform his/her obligations in part or in full, or if he or she acts anyhow contrary to these Terms and Conditions, or if the CLIENTs actions on the leased server, and placement of the electronic documents are contrary to the paragraph 6.3.
7.3. The CLIENTs access rights shall be restored if and when the CLIENT performs his/her obligations on the time specified by the OPERATOR.
8.1. The OPERATOR shall have the right to disconnect the leased server or limit its using without prior notification to the CLIENT if it is required by performance of reasonably urgent work related to the maintenance of the system, with no obligation in respect of the payment any reimbursement by the OPERATOR to the CLIENT.
8.2. The OPERATOR shall ensure the availability of the OPERATORs systems, and use its best efforts to ensure the optimal availability level. However, the OPERATOR shall not be responsible for any interruptions or limited access to the OPERATORs system, and to the servers due to the circumstances which could not be reasonably predicted. It shall be applied to inter alia including but not limited to disconnection from the Internet, the interruptions in the telephone networks work, the interruptions in the third parties systems, the overloading of the communication lines by calls, electric mains interruptions and any other disconnections beyond the OPERATORs control. The OPERATOR shall not be responsible for the damage caused due to the performance of the restoration work in the necessary maintenance of the OPERATORs systems.
9. RESPONSIBILITY of THE PARTIES
9.1. The CLIENT shall be responsible for any damage incurred by the OPERATOR, due to the CLIENTs action or omission in case of breach of the obligations arising from these Terms and Conditions.
9.2. The CLIENT shall be responsible for any damage incurred by the OPERATOR in case of unlawful or illegal use of the OPERATORs servers. The CLIENT shall pay a penalty to the OPERATOR at the rate of 100 USD for each case of violation or for each day of violation at the OPERATORs discretion.
9.3. The CLIENT shall indemnify and hold harmless the OPERATOR from the third parties' claims in case of any damage incurred due to the CLIENTs use or caused by the CLIENTs use of the OPERATORs services, including but not limited to the OPERATORs system and leased equipment.
9.4. The OPERATOR shall not bear responsibility for the safety support and/or the storage of the information placed in the leased servers.
9.5. The OPERATOR shall not bear responsibility for any damage that may be incurred by the CLIENT in case of untimely or improper Clients action on the leased server.
9.6. The OPERATOR shall not bear responsibility for any damage that may be incurred by the CLIENT in case of in case of disconnection or absence of access to the equipment.
9.7 The OPERATOR shall not bear responsibility in case of the loss of the CLIENTs data resulting from the equipment failure including but not limited to hard disks.
9.8. If the OPERATOR shall be responsible for any damage such responsibility shall be limited by the recovery of the direct losses not exceeding the total amount established by this Agreement. The maximum amount is equal to 100 USD. If this Agreement shall be prolonged for a period exceeding one year, the agreed amount shall be determined as equal to the common reimbursement multiplied by one year.
9.9. The CLIENT shall avoid public negative declarations in respect of the OPERATOR and in case of any discrepancies between the CLIENT and the OPERATOR. The CLIENT shall pay a penalty to the OPERATOR at the rate of 100 USD for each case of violation or for each day of violation, at the OPERATORs discretion.
10.1. This Agreement shall be concluded for twelve months unless otherwise agreed in writing. The Agreement shall be tacitly prolonged for a similar period each year.
11. TERMINATION OF THE AGREEMENT
11.1. If the CLIENT fails to perform the Agreement executed with the OPERATOR or these Terms and Conditions in relation to the time or the performance procedure, or of the OPERATOR has every reason to have its doubts if the CLIENT is able to fulfill the requirements of the Agreement in respect of the OPERATOR, the OPERATOR shall be entitled without any notification or legal interference either to suspend the rendering of the services or terminate this Agreement in part or in full with no responsibility for any damage.
11.2. The OPERATOR has the right to terminate this Agreement in part or in full, promptly and without any prior notification, if the CLIENT provides the OPERATOR with false and/or unverified personal data; if the CLIENT has not provided the OPERATOR with the corrected data or change in the data in a timely manner; if the CLIENT executes by false colour; if the CLIENT acts contrary to these Terms and Conditions; If the CLIENT has been declared bankrupt or declared himself/herself bankrupt; if the CLIENT has submitted the request for the suspension of payments; if the CLIENT is wound up or if his/her assets are taken according to the judicial procedure.
11.3. The OPERATOR shall reserve the right to cancel this Agreement without giving any reasons, providing reimbursement for using if the Clients behaviour is inadmissible in the OPERATORs opinion. The sum of reimbursement shall be defined by the OPERATOR.
11.4. The termination of this Agreement shall not affect the CLIENTs payment obligation.
12. FORCE MAJEURE
12.1. The force majeure circumstances are considered to be the all the external circumstances which could by reasonably predicted and which result in the OPERATORs failure to perform its obligation to the CLIENT. They include but not limited to the Internet connection failures, telecommunications infrastructure failures or networks failures, server equipment failures.
12.2. The OPERATOR shall reserve the right to refer to force majeure, if such circumstances occur (in future) after the beginning of the OPERATORs obligations performance.
12.3. The OPERATOR shall suspend rendering the services and performing the other obligation for the time of force majeure circumstances. If the time when the OPERATOR is not able to perform their obligation due to the force majeure circumstances lasts more than 2 (two) weeks each party shall have the right to terminate this Agreement without any recourse to a court and without any right for reimbursement from the other party.
13.1. All the disputes between the OPERATOR and the CLIENT shall be governed by the applicable law of the USA.
14. VALIDITY OF THE TERMS AND CONDITIONS
14.1. The OPERATOR shall be entitled to make any changes and amendments to these Terms and Conditions any time. The changes and amendments shall be finally effective 2 (two) days after their publication in the OPERATORs system.
14.2. These Terms and Conditions shall be considered to be valid and all previous versions shall be deemed null and void.