Terms of Service Agreement
This User Agreement (the "Agreement") governs the rules for cooperation between us, Serfstack.com LLC, and you, as a user of Serfstack.com LLC services.
Next, when we use "we" or "our", we mean Serfstack.com LLC. When we use the words "User", "Subscriber", "Customer", "You" or "Your", we refer to a company or individual who purchases services from Serfstack.com LLC.
In this agreement, we define the general terms and conditions for the provision of services by Serfstack.com LLC, its website https://serfstack.com and https://auth.serfstack.com, including all of its products and services (collectively referred to as "the Services" or "Services").
By making a decision to use our Products and Services, you agree to comply with this Agreement and all relevant regulations, as well as monitor changes to any of these throughout the entire duration of your use of our Services. If for any reason, you do not agree with the terms of this agreement, you may not use the services or access the company's internal service, Serfstack.com LLC.
Creating, registering and changing an account
Every user who registers on the Service at serfstack.com and/or auth.serfstack.com, and acquires certain services from Serfstack.com LLC, confirms that they are over eighteen (18) years of age. The services provided bySerfstack.com LLC are intended exclusively for individuals over the age of 18. If a user has not attained this age, they are in violation of the terms of this agreement.
When using our services on behalf of a legal entity (Next, the Organization) or other party, you confirm that you have the right to represent that party under this Agreement. You also confirm your right to act on its behalf, hereafter referred to as "the legal entity," in connection with any actions you take while using the Services.
You and only you are responsible for providing complete and truthful information about your profile and associated accounts, including an up-to-date email address, phone number, and billing address, when creating and registering an account. If at any time we need to contact you to clarify details or in the event of detection of a danger when using the Services and Products of Serfstack.com LLC, or in connection with any changes to operations, we will only use the contact information you provided us when registering your account.
If, at some point, you lost access to your email account or your email on your own domain (for example, due to failure to pay a domain name to a third-party provider), and you have not provided us with up-to-date contact information, then we will not be responsible for not being able to contact you or sending important emails, including information about the need to pay for your services. In the event of such an occurrence, Serfstack.com LLC will not be responsible for disabling or terminating your Services or Service as provided by Serfstack.com LLC or any partners that may provide additional services to you. If for any reason, you need to check, change, or update your payment or contact information, please visit your client account and make the necessary changes to your profile settings.
If it is not possible to change any contact information, please contact our customer service department at account@serfstack.com via email. Otherwise, we will not be responsible for the inability to resolve your issue as quickly and efficiently as possible.
Payment information and account security
From time to time, we manually verify accounts for existing and new customers and may require additional verification of payment information as well as identity documents in accordance with government standards. If a customer provides false contact information or payment details, this gives us the right to unilaterally terminate any contractual relationship with that customer by closing their account and all services.
Refusal to provide documents to verify payment address and identity documents will mean termination of the contract on a unilateral basis. In this case, we will not issue a refund, as we will be unable to identify you.
Also, the company, Serfstack.com LLC, may request a credit card scan to verify payment details. If the customer refuses to provide the required information, Serfstack.com LLC reserves the right to deny the customer access to its services.
Confirmation of payment information and data
A request for confirmation of payment details is sent via email to the Subscriber's contact address via the ticket system (via the client area). In the event that Serfstack.com LLC requests confirmation of payment information for an active service and/or new service, the client agrees to provide the required payment details within 24 hours from the time the company's security team at Serfstack.com LLC creates a request to verify the Subscriber's information.
If we do not receive the necessary information within 24 hours of requesting payment details, the Subscriber's services and services will be suspended and it will not be possible to order new services. The renewal of a Subscriber's service and service is carried out upon confirmation of payment details and their verification by Serfstack.com LLC security service (or Security Department). The time taken to wait for confirmation of requested subscriber data and its services is not compensated.
To identify your payment details, we may require the following information:
- A document confirming your identity (ID card or Real ID);
- Scan of your credit card;
- Confirmation of payment information;
- Utility bill.
In the event that data has not been provided prior to the expiration of a subscriber's services, those services and subscriptions will be subject to immediate cancellation.
We also warn that the use of anonymous email services and one-time email services is in violation of this agreement. The client agrees to provide a valid email address so we can contact him. If you use anonymization services like TOR or VPN, we will refuse to provide services unilaterally and without compensation or refund.
The Client is fully responsible for the actions taken by him on the account and the use of data from this account, both by himself and by people he trusts. The client is responsible for maintaining the confidentiality of their account data, which may include the security and storage of sensitive information, login credentials, and passwords, as well as access to services such as data access to hosting servers and other relevant information that only they or trusted individuals should have access to.
To increase the security of your account and access to the client area, we recommend you do not ignore security and enable two-factor authentication.
Additional network resources and services
If a client requests additional IP addresses for their account, we may require them to provide additional information about their intended use of these addresses.
The American Registry of Internet Numbers (ARIN) affects the conditions for allocating additional IP addresses and requires justification for their use. If we consider that the client has no valid reason to request additional IP addresses, we have the right to refuse to provide this service without explaining reasons, even for already active hosting accounts or network services.
The conditions for allocating additional addresses may be changed at our discretion and at any time, as well as when changes are made to the policies of the American Registry for Internet Numbers (ARIN) and the Regional Internet Registry for Europe (RIPE NCC).
Additional products and services from partners
Third-party suppliers
Serfstack.com LLC may offer various additional products that are compatible or incompatible with the services provided by Serfstack.com LLC and from third parties (referred to as "Partner Products" or "Third-Party Suppliers"). These Partner Products and Third-Party Supplier products may be subject to different terms of use, licenses, and modifications, edits, and updates by such third-party vendors.
By purchasing Partner Products, you agree to the terms of use of the services, goods, and products offered by a specific third-party supplier whose product or service you are purchasing from the company Serfstack.com LLC.
When purchasing products and services from a third-party supplier (third-party company), you agree that Serfstack.com LLC will not provide support for the third-party products or services, nor will it give any guarantees regarding their operation or correct functioning, availability, activation time, or provision of the products for your use.
Serfstack.com LLC does not assume any responsibility in case of restrictions on the use of the service by third parties or partners.
Third-party websites and external links to other sites
Sites hosted on the Services and Servers of Serfstack.com LLC may contain links to third-party websites, which you can access by following a recommendation, reading content, or in other ways, including through banner advertising. Such sites may contain various types of content, including photographs, images, graphics, articles and texts that are copyrighted, design elements, and audio and video. Their own Privacy Policy and Terms of use (or other usage policies) are beyond the control of Serfstack.com LLC and are owned by third parties. These may be protected by copyrights and licenses. We do not assume any responsibility for third-party sites or the information posted on them that are accessed through websites hosted by Services and Servers owned by Serfstack.com LLC or our partners.
Transfer a hosting account
As a courtesy and appreciation for our customers, we offer to transfer accounts from current hosting to our servers. Our technical experts will make every effort possible to help move your website, while observing the following requirements:
- Site migration is provided as a free service for up to 5 sites or accounts. More than 5 accounts can be transferred at our standard hourly rate, according to the price list for server administration and maintenance.
- The transfer of sites is only possible when ordering hosting and a server with a pre-installed control panel and an active license for correct operation. You can request a list of supported control panels through our ticket system.
- When requesting the transfer of sites and accounts, we need to have a full backup copy of the data for the site or sites and the accounts. Additionally, it would be helpful to have access to the current account at your current hosting provider. The size of the backup should not exceed 3GB when compressed.
- We also do not provide technical guarantees or the correctness of transferring your accounts and websites, which require fine-tuning the server or webserver and individual extensions for PHP and MySQL, as well as setting limits and restrictions on individual scripts. A full configuration of your server can be done at our standard hourly rate in accordance with the price list for server administration services.
- Any settings for hosting, the web environment, and web extensions are made at our discretion, or for an additional payment for administrative services, according to the prices of server administration services. You can request information about and the cost of transferring your account via the ticket system.
We make no guarantees regarding the availability, ability to transfer your accounts or the time it may take to transfer your account. Each hosting company and system administrator has different technologies for configuring hosting servers. Some platforms store account data in an incompatible format, which can make it difficult or impossible to transfer all or some of the data from an old hosting account to Serfstack.com LLC servers. Therefore, Serfstack.com LLC cannot guarantee the transfer of data from all users' old hosting accounts to their servers.
At the same time, we may refuse to transfer your account data from your current hosting provider at our discretion. This includes if it is technically impossible to transfer the account, or if the time that would be spent on the transfer or the volume of account for which the transfer is necessary are too great.
Serfstack.com LLC is not responsible under any circumstances for any missing or lost data or files that may occur during the transfer or transfer of data from or to the Serfstack.com LLC servers. You are responsible for the security of your account information and any backups of your data at all times.
We reserve the sole right to change the rules of the data transfer policy or to terminate free and paid services for transferring hosting accounts and sites at any time.
User content and digital information
You have the ability to upload, store, publish, display, and distribute information, text, photos, videos, and other content to and through Services and servers operated Serfstack.com LLC (collectively, "User Content").
User Content may include any content or information posted by you or other users of the websites hosted through our Services and Servers at Serfstack.com LLC (collectively, "User Websites").
You are fully and solely responsible for ensuring the accuracy of the information and content posted on the Services and Servers of Serfstack.com, LLC, and for compliance with the applicable laws of the United States and international law. You will be held liable for any damage or harm caused by your posting of information that violates the rights or legitimate interests of third parties.
You are solely responsible for any content posted on your website, as well as any transactions or other activities carried out on or through the websites of you and your users.
You are solely and exclusively responsible for making claims and/or demands related to the rights to copyrighted content, photos, videos, and images, as well as software and other digital products used by you on the resources of the Service and the Servers of Serfstack.com LLC, provided that such software products do not belong to you or any other person.
The company Serfstack.com LLC is not directly involved in the process of transferring, storing, and processing information posted on the resources of Serfstack.com LLC or third parties using the User's services and websites.
By posting or distributing User Content on the Services or via the Website, you hereby represent and warrant to Serfstack.com LLC that you have obtained all necessary rights and licences to publish and distribute such User Content, and that the copyright and other intellectual property rights of any third parties are not infringed or violated by the information published on the Services and User Websites.
The company Serfstack.com LLC is not liable to third parties for any violation of their rights due to the placement of user content and information on its services and websites, including those of its users and other third parties.
By posting information and user content on the Services and servers of Serfstack.com LLC, and solely for the purposes of providing services, you consent to Serfstack.com LLC having a gratuitous and non-exclusive license to content posted, which shall be valid in all countries in the world:
- storage of content and files;
- playback of content and files;
- public performance of content and files;
- public use of content and files;
- public display of content and files;
- changing content and files;
- translation of content and files;
- As well as publishing and distributing user content on services and servers, Serfstack.com LLC;
- Create archival or backup copies of user content and user websites hosted on the services or servers of Serfstack.com LLC.
Serfstack.com LLC does not acquire any licenses, ownership rights, or interests in relation to user content under any circumstances. All rights and licenses to the content and copyrights remain solely yours.
The company Serfstack.com LLC does not directly participate in the process of transferring, storing, and processing user content and user websites hosted by you or website users, including any files or content, or the content of any copyrighted or other information posted or transmitted via services and servers, as well as distributed through the internet, internet service providers, and other service providers. Accordingly, Serfstack.com LLC does not assume any liability to third parties for violations of their rights or licenses in connection with the posting of such information.
You acknowledge and agree that Serfstack.com LLC has the full and unconditional right to take any action at its discretion, including but not limited to deleting or modifying user content that violates copyright or posted prohibited information on the user's website as well as suspending or terminating any user accounts and all services in the event of violation of the terms of this agreement without refund.
You hereby agree that Serfstack.com LLC will not be responsible for any changes or actions taken on your account as a result of its detection of a violation of this Terms of Service.
Account security and hosting account
The client is fully responsible for all actions performed on the account, hosting, Services and Servers of Serfstack.com LLC. This means that protection of data, such as login and password, lies with the client. To prevent hacking of your account, make sure your password is reliable. We recommend using complex combinations of letters, numbers and symbols, rather than simple ones such as birth date or other personal information. We reserve the right to verify the reliability of your password using our own verification algorithms. If, as a result of such verification, your password is found to be insecure, we will notify you via email and give you time to rectify the problem. If we see that the user has not changed the password within the prescribed period (usually, we give the user no more than 24 hours to do so), we will either forcefully change it (by notifying the customer) or suspend the account.
The Client bears full and sole responsibility for using the Services and Servers of Serfstack.com LLC, and also guarantees the timely updating of the operating system, security patches, and scripts that are posted on Serfstack.com LLC resources.
The Client agrees that any software or scripts necessary for them, which they install themselves, do not pose a threat to our equipment or the security of their personal information stored on the account. In case of detection of any unsafe scripts that may affect the security of our infrastructure, Servers and Services Serfstack.com LLC, your account may be suspended or deleted without refund. Also, in case of any problems with account security, such as abnormal network activity, your account will be temporarily suspended until we can investigate the situation and obtain information from you or a trusted representative.
In the event of such an occurrence, Serfstack.com LLC will not be responsible for the restrictions imposed or the unavailability of the services hosted on its Services or Servers.
Only a registered user has the right to receive services, access to equipment, networks, and network devices at Serfstack.com LLC. We have the right, but not an obligation, to monitor our Services and Servers. This is done to protect against unauthorized access to Serfstack.com LLC Services and Servers, and to ensure the security of your accounts. In the process of such control, we may record, copy or transmit information within the scope of authorized purposes and for the purpose of conducting a security check. You agree to the possible control of any hosted systems, files and scripts at the conclusion of this Agreement.
We have the right to suspend or transfer your account (if possible) in the event of a change in legislation or a change in the policy of the data center with respect to any content, user actions, or posted content. However, there may also be other reasons for doing so, which we will notify you of when such an event occurs.
Account, Bills and Payments
The Client is responsible for the accuracy of the payment information provided by them and for timely payment of invoices for Services provided by Serfstack.com LLC. An important point is the client's consent to advance payment for all bills for services that have been provided and that have an active account for renewal. Funds that have been credited to your account will be used to pay off the earliest unpaid bills in order to extend your services.
The client is not allowed to create multiple accounts on the Serfstack.com, LLC website or billing system. We consider this to be fraudulent behavior in order to gain benefits such as discounts for new customers or to avoid account verification for abusing any services. If the client creates multiple accounts for this purpose, Serfstack.com LLC reserves the right to block all accounts of such clients. And no accounts can be restored until all previously issued invoices have been paid. We also inform you that, in case of abuse of the discount system or promotions, or if there are security checks on your account, we will block accounts without any refund.
Invoicing
We issue invoices ten (10) days before the payment date. However, we give the client the choice of enabling automatic payment. In the payment settings, you can choose to have funds automatically debited or opt out. If you refuse automatic debit and do not pay on time, we will give you time to pay. However, if the payment is not received within the agreed period, we will block and delete your services without the possibility of recovery. (see the rules for Overdue invoice and account terminated section). In the event of such an occurrence, we will not be responsible for any loss of customer data stored on the equipment of Serfstack.com LLC.
The invoice for the extension of the service must be paid no later than the due date (namely, the Due Date). The account will be considered overdue from that date. We recommend paying for your services no later than seven days before the end date of those services.
Unless the client has indicated otherwise, they agree that all services ordered by them are automatically extended and payable on a monthly basis. This is done primarily to avoid disconnection of your equipment, server or service and to ensure that all your data remains with your for the entire duration of using the services provided by Serfstack.com LLC.
Taxes and fees
The cost of services indicated on the company's website, Serfstack.com LLC, does not include any tax fees, payment service fees, or other payments that the tax authorities may charge. Any taxes and fees from payment aggregators that apply to our services are added in a separate line when you replenish your personal account balance or pay for a Service or Services. All payments related to taxes, the client also has to pay when they replenish the balance or order a particular service. These types of fees and commissions are not refundable or cancellable.
Overdue payment
Overdue payment means suspension and further removal of the service. An invoice for the service will be automatically generated in your personal account ten (10) calendar days before the date of renewal of your services. If the payment is not made within this ten (10)-day period, or one day after non-payment within the prescribed period, your services and data will be deleted, with the loss of all customer information. For more information on deleting services, please see the section on rules for Overdue invoice and account terminated.
If the invoice for extending the subscriber's services is not paid before the expiration date and is overdue by a day, a 5% late payment penalty is charged to the extension invoice.
Cancellation request
For a new customer who has not previously had an account with the company services Serfstack.com LLC, on the first order for the service, has the right to dispute the invoice within five (5) calendar days, except for Service and Services that are non-refundable (you can find the details in the Refund section and Cancellation of Services and Refunds section). If payment is disputed, we will recalculate and refund funds minus the number of days during which you have used the service.
At the same time, a refund is only possible if the Service has not been provided in full by our part. Therefore, you cannot request cancellation of payment for Services that were provided in full, whose characteristics correspond to those stated in the tariff plan and which have been activated, and data for access to your account has been transferred through your personal account.
Any taxes and fees associated with payment services applied to our services and products are added in a separate line at the time of payment for the Service or product. All payments related to taxes and service charges for payment aggregators cannot be refunded or cancelled.
Fraud payments
The illegal use or misuse of bank cards, checks, electronic transfers, payment cards, or other illegal payment methods is a violation of this agreement. We may inform government and law enforcement agencies of such cases in order to prevent future fraudulent activities on the part of the customer. This information may also be shared with financial institutions that issue credit cards.
The client agrees to keep in touch with the billing department or the designated employee responsible for billing at Serfstack.com LLC in order to ensure that all necessary payment obligations are met and there are no interruptions to service while using the services due to delays in payments on the client part or inability to meet financial obligations on the part of the client.
Resource usage
In the event that we notice that a client is exceeding the use of network resources, such as using the internet channel for other purposes, abusing the resources of the Service or Server, or anything else, we will suspend the use of their services. After the suspension of the Service or Services, we will notify the customer of the reason for such an action on our part and request information regarding the incident. If the violation continues, the service will be terminated without a refund.
When using the Service or Services of Serfstack.com LLC, you agree to monitor the generated load on Serfstack.com LLC resources in order to ensure the safety of the services used. The Client assumes sole responsibility for updating the software components and operating systems used on the Serfstack.com resources.
Serfstack.com LLC reserves the right and ability to check each account for increased load on our hosting servers (applies to Dedicated, GPU Servers, VPS or VDS, Cloud hosting services). When checking, we take into account server resource consumption, excessive processor time use, disk space use and I/O operations on disk, storage or drive, Internet channel use, and other resources that may cause hardware failure Serfstack.com LLC.
In case, when the Service or Services are used, an increased load is created on one of the server resources, such as:
- CPU;
- GPU;
- processor cores;
- disk or drive;
- internet channel, excessive traffic usage.
Serfstack.com LLC, at its discretion, may apply restrictions on the use of server and network resources. If resource limitation is not possible or the agreement on the permissible use of services and services has been violated, Serfstack.com LLC reserves the right to suspend the Subscriber's service until the violation has been eliminated or terminate the Subscriber's account without refund.
Traffic and Internet channel usage
Serfstack.com LLC limits the internet bandwidth at the rate stated in the service plan that the Subscriber purchases.
At the same time, we do not guarantee that you will receive the advertised internet connection speed. The speed of the internet connection may vary depending on your location, the internet provider you use, the quality of the internet network and communication channels, errors in the operation of third-party providers, and traffic exchange points. Therefore, we cannot guarantee the speed of your internet connection to the servers of Serfstack.com LLC.
In case of exceeding the stated limits on the use of the internet channel, Serfstack.com LLC will issue an invoice for payment of an additional data package. The subscriber of the Service or Services will be obliged to pay the costs of the used data and traffic in full within the specified time period, which is indicated in the payment date.
Using Services and Services by Serfstack.com LLC, the client guarantees that the use of any network resources is for fair use only. Any attempts to misuse network resources may result in the suspension or termination of the provision of services. If this occurs, we will notify you of the violation and stop providing the service.
Server administration and security
Serfstack.com LLC does not provide technical support for the server and the client's services, nor does it provide consulting services for working with Services and Services that the client rents from Serfstack LLC.
The user is fully and solely responsible for the configuration, administration, and support of the operating system and software installed on the server.
Serfstack.com LLC accepts no responsibility for the operation or security of any operating systems, operating system components, or software that may have been installed during the process of activating the Services, or during use of the services by the client of Serfstack LLC.
Serfstack.com LLC accepts no responsibility for any attempts to hack or exploit the Services and Servers provided to the client that may have been hacked or compromised due to any vulnerabilities in operating systems, operating system components, software, or scripts.
Refund
When paying for services or services using Western Union transfer systems, checks, bank transfers, money transfers, and any cryptocurrencies, there is no refund, as well as all fees charged at the time of payment. Any funds received by us from a client in one of these ways are subject to being credited to the subscriber's personal account and cannot be refunded under any circumstances.
Only upon the first order for the Service, the new customer has the right to request a refund within five (5) calendar days after payment has been made, except for services that are non-refundable (see section Cancellation of Services and Refunds). In this case, we will recalculate the number of days used and issue a refund, if necessary. However, if the customer misses this deadline and we provided the service in full, a refund will not be possible. Also, refunds are not possible for customers who are not new and have already used or tried the Service and Products before.
Cancellation of Services and Refunds
The company Serfstack.com LLC is committed to refunding the funds within fourteen (14) business days of creating a request for cancellation of service and its approval by us.
In order for us to review your request for cancellation of the service and refund, please create a new ticket to our customer support center using your personal account on Serfstack.com LLC.
If your service or services are subject to cancellation, we will review your request for a refund within 5 business days of it being submitted.
We will not be able to cancel your service or subscription and make a refund for the following services listed below under any circumstances:
- Dedicated Server;
- GPU Server or Graphics Server;
- Software licenses;
- Control panels;
- SSL certificates;
- DDoS Protection;
- Service activation fee;
- and any administration services for your servers.
When a refund is issued, Serfstack.com LLC will not be responsible for any inevitable currency fluctuations on the global market. Recalculations may vary from the original payment due to currency exchange rates.
Serfstack.com LLC reserves the right to delete a client's account without compensation or refund. This can only happen if certain rules have been violated, for example, by:
- Violation of any condition of this agreement;
- Harmful actions that could harm the company Serfstack.com LLC or its clients, during which the company or its clients may incur losses or other liabilities due to your actions;
- No paid bills for Service or Services;
- or any other actions that violate our agreements and rules on the acceptable use of service.
In the event that we identify any violations, the Subscriber's account will be permanently deleted without any refunds for monetary payments or fees. Terminating an account results in the loss of all data and content hosted on our servers for the customer who has committed a violation. Furthermore, we may charge that customer for any fees that were due before the end of the term of service.
Service Cancellation Process
Each customer can terminate or cancel the service by sending a notification via the ticket system at Serfstack.com LLC.
To prevent fraud, Serfstack.com LLC prohibits automatic cancellation of services. In order to cancel the service, clients must create a new request via the ticket system and complete a form to cancel the service and request a refund.
When requesting cancellation of the service, you agree to pay all outstanding debts and fees incurred by us for your Service and Services prior to the cancellation of service taking.
Serfstack.com LLC may, at its sole discretion, refund or not refund money for prepaid hosting packages or services.
When creating a request to cancel Services and request a refund, we may require the following information from you:
- A document confirming your identity (ID card or Real ID);
- Confirmation of payment information;
- Utility bill;
- Confirmation of subscription cancellation and deletion of all data from the Services and Servers of Serfstack.com LLC.
We request detailed information in order to prevent fraud with your account or accidental cancellation of services.
After reviewing your request to cancel the Service or Services, we will send you an email providing information about the cancellation process.
You should understand that if you cancel the service, we will completely delete your account and further account maintenance will be impossible. At the same time, all data on our servers will be deleted and under no circumstances can it be restored.
Overdue invoice and account terminated
For all our services, we send an invoice 10 calendar days before the expiry date of the service.
If there are not enough funds in your personal account to automatically debit for your services or if your invoice has not been paid, we will terminate your service after the established timeframe:
- Dedicated Server - 1 day;
- GPU Server or Graphics Server - 1 day;
- Virtual Private Server - 14 days;
- Virtual Dedicated Server - 14 days;
- Cloud VPS - 7 days;
Deleting the Service and Services will result in the complete loss of data stored on the file system or disk/drive. Once the service has expired and been deleted, it will be impossible to restore it.
Deleting the service will result in the complete loss of all files hosted on the Serfstack.com LLC servers. We do not accept responsibility for any claims in cases where the services are removed due to overdue invoices.
Uptime guarantee
In the event that the uptime of the Services is less than 99% for one calendar month, you are entitled to compensation based on downtime of the Service in case of disruption to the Services caused by an error in the operation of Servers and Services Serfstack.com LLC (excluding the actions of third parties, communication channels, and any force majeure events) and only in confirmed cases of disruptions to the operation of Services and Services of Serfstack.com LLC. When compensating for downtime, credits will be added to your balance, which you can use to extend active Services or order new ones.
Compensation and crediting for a Service with a guarantee of uptime less than 99% are performed based on the duration of unavailability, but not exceeding 100% of the monthly payment for the Service. When calculating compensation, the formula is used: the cost of the service per month / 30 (days) * the number of days or hours of unavailability of the Service. Incomplete breaks in the availability of the Service for less than 24 hours are rounded up to 24 hours.
Any credit funds that have been credited in compensation for uptime guarantees of less than 99% may only be used to extend existing Services or order new Services.
In the event that a discount promotional code, cash voucher or any other type of discount coupon has been activated when ordering or using the services, an uptime compensation less than 99% will be calculated, minus the amount of the discount applied. Therefore, the loan amount will be based on the actual amount paid on your invoice.
Content protection and copyrights
The company Serfstack.com LLC warns that all content we use on our resources, including design, images, graphics, video materials, text, information content, software we use to provide Services and Services, audio files, and any other content is our property. No one, except for the company Serfstack.com LLC, has the right to copy, distribute, modify, sell, place, transfer to third parties, reissue, or use in any other way, partially or fully, this text if it violates the rules of this Agreement. You do not have the right to access or use the source code for any of our company's content. The terms of this Agreement clearly outline the ways in which our content can be used, and it is not permitted to use our content in other ways. All rights related to the use of the content Serfstack.com LLC's are described in this Agreement and are protected.
Serfstack.com LLC publishes various promotional materials, including images, that can be used by our partners and resellers in accordance with our established procedures. Our partners may use materials approved for public posting on third-party websites, including tariff plans, their names, product descriptions (if allowed by direct copying), images prepared for visual presentation, and various banners, which can be available in the affiliate program settings for each participant. But we strictly prohibit the copying of texts posted on the company's website Serfstack.com, LLC: serfstack.com and auth.serfstack. com. Before using the materials, permission for their use must be obtained.
User-generated content is content published by our customers or users of our website. This can include images, videos, audio, texts, and other types of material that are protected by copyright. Serfstack.com LLC is not responsible for the content on this website. It is your sole responsibility to ensure that the information you provide is accurate and up-to-date. If any transactions are conducted on your website, you will be responsible for them as well as any other actions taken by your users on your website which is hosted by our equipment. You guarantee that you have the rights to post and distribute this type of information, and you guarantee that your user content in no way infringes on or restricts any other person's rights.
The company Serfstack.com LLC does not control or bear responsibility for any User Content that may be transmitted through its equipment or the internet. We do not monitor such content. However, the user understands and acknowledges that we may initiate the removal of specific User Content. In addition to deletion, we may adjust the content at our discretion, without prior notice, if we understand that your content may violate the terms of the Agreements. We also have the right, in case of such violations, to block the client and delete their account without refund. This clause confirms your agreement that we are not responsible for any adjustments to your content that we make to you.
Countries under sanctions
OFAC - The Office of Foreign Assets Control, based on the US Treasury Department, imposes a ban on US companies from participating in all or specific commercial activities with certain countries that are under sanctions. This ban may apply to individuals and organizations. OFAC also prohibits interactions with "Special Purpose Entities" - SDNs. If you or your organization is located in a country that is on the sanctions list, or if you are on the SDN (Specially Designated Nationals) list, then we are not allowed to provide you with Services and give you access to our Products. You also do not have the right to create an account, buy Services, or use them. It's also forbidden to use our Services for top-level domains that include a country code from the sanctions list.
Pricing Policy and price changes
The company Serfstack.com LLC has the right to change the prices of its Services at any time. Monthly payments, as well as various fees, may also be subject to change. We always notify our users of future price changes 30 calendar days in advance. A warning can be sent via email to our registered users. We can also post information about the new pricing on our website. The client is responsible for receiving this information from us and taking it into account. We are not responsible for any problems that may arise if the client fails to read our warnings. Challenging changed prices will not be accepted.
Discount system and accounts
The company Serfstack.com LLC occasionally conducts various promotional offers. However, these offers are usually aimed solely at new customers. If a promotion is held, only a new user can take advantage of it. If we notice that a previously registered user attempts to register again in order to take advantage of new customers, such users may be blocked without a refund. All promotions are not related to renewing existing services, they are only aimed at new customers and can't be used by existing ones.
For active customers, various promotions may be offered in addition to existing Services and Services, or, for example, a discount on extending Services for a longer period than 1 month, which we can also inform you about in an email newsletter individually for each user.
Backups and backup storage
The company Serfstack.com LLC does not backup our clients' data and, therefore, is not responsible for its safety. The responsibility for backups lies entirely with the customer, as does the responsibility for data security. We accept no complaints about data loss.
We also do not provide the following services, which are aimed at backing up and storing data for the Services Serfstack.com LLC:
- Setting up or enabling backup for the services or services that the Subscriber rents;
- Any form of advice on setting up a backup.
Serfstack.com LLC does not store or transfer backup copies of Subscriber Services. Subscriber services that have been deleted from the servers and services of Serfstack cannot be restored by Serfstack LLC.
Force majeure circumstances
Force majeure circumstances include:
- labor disputes;
- terrorist acts;
- fire;
- flood;
- any other natural disaster;
- industrial disasters;
- power outage;
- civil unrest;
- military actions;
- accidents;
- incidents that caused a disruption to the integrity of the network or the internet;
- inability to deliver equipment or materials from a third party, failure to perform work by a third party necessary for us to fulfil our obligations or any other acts that neither party could objectively influence;
- the adoption by state or local authorities of acts prohibiting or restricting the activities of participants.
Upon the occurrence of a particular event, none of the parties to this agreement is responsible for failure to fulfill the terms of this agreement, except in the event of lack of payment for services.
Independence
The company Serfstack.com LLC is an independent contractor, and nothing in this Agreement should be construed as the work of the partners. No client can be considered our representative, as we cannot claim that we represent any of our clients either. None of the clients have the right to conclude contracts, agreements or other documents on behalf of Serfstack.com LLC. Additionally, none of them has the authority to impose any obligation on a third party using our name in any way.
Notifications
Serfstack.com LLC uses electronic messages and email for any notifications, regardless of whether the client uses the specified email address during registration. Any important information or newsletter will be sent by e-mail. The Client agrees that electronic notices, agreements, terms, any information and any other communications received from us by electronic means of communication will be equal to the same messages if they were sent in writing and this fact does not contradict any legal requirements. It is important that this paragraph does not violate or affect legal rights.
Assignment
Customers cannot transfer the rights to use this Agreement and their rights and obligations under it to third parties without our consent. We have the right to transfer our rights and obligations under this agreement to third parties (for example, subcontractors) in order to fulfil our rights and obligations. In this case, we are not obliged to notify our customers in advance or obtain their consent.
An attempt by the client to transfer his rights and obligations to another person does not entail any consequences, however, it will violate this Agreement if steps have not been taken to discuss this step with our team and approval has not been received from us. The Agreement protects both our rights and the rights of our clients and their successors.
Invalidity of Agreements or parts thereof
Only a court of competent jurisdiction may declare part of this agreement or any provision of this agreement invalid. If there is such a decision, then all other parts of the agreement are considered valid, unless otherwise specified.
HIPAA
HIPAA is the federal Health Insurance Portability and Accountability Act. By this clause of our Agreement, we inform you that we do not guarantee or imply any guarantees that our Services can meet the requirements of this law. Absolutely all responsibility for the security of any data, including medical data, rests solely with the client. This paragraph declares that we do not accept responsibility for any statements related to this law. The Client agrees that our Services may not comply with the requirements of federal or state laws that govern the confidentiality and protection of personal information, including medical information and others. The client also agrees that our Services are not suitable for storing children's personal or medical information. We do not allow the purchase of these Services for storing medical information. The purchase of our Services for the purpose of storing medical data is in contravention of this Agreement and is the reason why the user has been blocked. The Client also confirms that there is no contractual relationship between them and Serfstack.com LLC, which would make them agents, partners, or subcontractors of each other, as required by HIPAA.
Responsibility of the parties
The company Serfstack.com LLC hereby warns its customers through this clause of the Agreement that none of its employees at Serfstack are liable to you or any third parties for any losses you may incur, including lost profits. Also, we do not accept any responsibility for the loss of any information stored on our equipment. We are not responsible for your results of using our Services or using absolutely any user content if your actions have led to losses, both informational and financial. Our responsibility for this is not provided even if we knew or received a warning about the possibility of losses. Also, the company Serfstack.com LLC is not responsible for any damage that our client or his business may suffer. We do not make any guarantees that our services are Suitable for any particular purpose. Also, we are not responsible for any data loss related to delivery failures, delays, or any Service failures caused by ourselves or our employees. We also cannot be held responsible for incorrect deliveries.
Losses and their compensation
The client confirms that he agrees to compensation for the damage caused by him to the company, Serfstack.com LLC. The client also agrees to waive any claims, lawsuits, obligations, proceedings, demands, and reimbursement of expenses (including, but not limited to, reasonable attorney's fees), if these claims arise due to:
- Any violation by the client of this agreement or any other principle;
- Their use of the services;
- Absolutely any action or inaction on their part.
The terms of this clause do not lose their force even after the expiration of this Agreement.
Changes to the Services or Agreement
The company Serfstack.com LLC reserves the right to change both the Services and the Agreement. We have the right to make changes at any time without prior notice to customers. However, we commit to notifying all our users of any important future changes at least 30 calendar days in advance, by sending email notifications and/or posting updates on our website's news section. The Client accepts these changes and agrees to continue working with us after the changes take effect.
We also have the right to change, improve, simplify, or remove any of our Services from the list of Services at any time.
Any changes will take effect immediately after they are published.
Agreement between the parties
Only this Agreement and the documents relating to it confirm the full understanding between the parties involved regarding the subject matter of the Agreement. The Agreement supersedes all previous arrangements, contracts, discussions, and other agreements. This Agreement only means that the parties have agreed on the issues raised in it. It cannot be replaced by any other document.
Working with law enforcement agencies
The company Serfstack.com LLC complies with the law and, in this regard, undertakes to transfer any (or all) data to particular clients upon request from government or law enforcement agencies. Law enforcement agencies may require information from us during an investigation into a case or in connection with any application provided for by law. In case of such a request, we will not notify the client about this action or coordinate with him. It is also important to understand that any confidential information can be collected, processed, stored, transferred, and disclosed in accordance with the Privacy Policy.
Terms of Service Agreement dated May 1, 2024.