Terms of Service Agreement

Welcome to the Terms of Service (TOS) of Serfstack.com LLC. These terms outline the standard requirements and explain the provision of services, as well as setting out an acceptable level of service and explaining how we take care of our valued customers.

1. TERMS AND DEFINITIONS

1.1. Personal Account - billing system, a specialized interface for managing, ordering and paying for Client services. Access to your personal account is made at the WWW address https://auth.serfstack.com with data protection using an SSL certificate, after entering data for Client authorization.

1.2. Ticket system - an interface for exchanging information and technical messages between the Client and the Provider.

1.3. Computing power - a resource, a part of the server that is issued to the Client according to the parameters of the tariff plan.

1.4. Hosting service - a service for providing computing power on the provider's servers, transferred to the Client according to the selected tariff plan after its order.

1.5. VPS server - a service for providing the Client with computing power by dividing the server into several virtual servers using hardware virtualization.

1.6. Dedicated server - a service for providing a physical server with dedicated parameters.

1.7. Site hosting - a service for access to a specially configured server of the provider for hosting the Client's site.

1.8. IP address - the device address allocated to a specific server via the Internet protocol IPv4 and IPv6.

1. 9. Port speed - the limit set for the data transfer rate through the network connection port.

1.10. OS or Operating System - an operating system that is installed on the Client's server by downloading packages and installation utilities from the operating system developer's website.

1.11. Software - specialized programs for managing the web server, which are installed at the request of the Client or by the Client himself in the process of working with the services.

1.12. Backup server - a remote server for configuring and creating backups by the Client, access to which is provided by the provider with unique data: login/password and access via FTP/sFTP protocol.

1. 13. Administration - providing a free or paid service for configuring the Client's server, according to billing or general regulations.

1.14. Spam - mass distribution of unauthorized (non-approved) electronic messages, via Email or other mail programs.

2. SUBJECT OF THE AGREEMENT

2.1. The Provider undertakes to provide paid hosting services to the Client in accordance with the current agreement and the Price List (Appendix 4).

2.2. The agreement between the Provider and the Client is considered signed from the moment of receipt of funds to the Provider's current account. The Client guarantees that at the time of replenishment of the balance and the beginning of the provision of services, he has read and unconditionally accepted the terms (acceptance) of this Agreement, read the specified Agreements, as well as the tariffs posted on the Provider's website https://serfstack.com.

2.3. The Client undertakes to use the Services in accordance with the current legislation of the country where the Provider's technical platform is located. The Client is fully responsible for improper use of the Service in accordance with the current legislation. The Client undertakes to properly administer the Server in order to avoid cases of unauthorized use by third parties.

2.4. From the moment of transmitting access passwords to the Server, the Provider is not responsible for the content of the Server and the legality of its use by the Client. Including, for the security of data of access to the service to third parties.

2.5. By this Agreement, the individual Client agrees in writing that the personal data provided to them by uploading copies of documents to the Provider's database via various communication channels in order to fulfill obligations related to the conclusion and execution of the Agreement are processed by the Provider in full, including providing access to the Client's personal data authorized employees of the Company.
By this Agreement, the Client, an individual, expresses his consent to include his data for the Company to provide services and services, including for the preparation and dissemination of information in various ways (in particular on magnetic media and using telecommunications).
The processing of personal data of the Subscriber (subject of personal data) is understood as actions (operations) Provider with personal data, including collection, systematization, accumulation, storage, clarification (updating, modification), use, distribution (including transmission), depersonalization, blocking, destruction of Subscriber's personal data. The responsibility for providing deliberately false documents lies entirely with the Subscriber. If the Provider has sufficient grounds to believe that the Subscriber's personal data provided is obviously not reliable and identifying the Subscriber, an authorized employee of the Provider's company has the right to request additional data to verify the Client's data, including payment data and identity documents.
If the Client refuses to clarify the necessary data, the Provider will consider such a situation as the information provided about the unreliability of the information necessary to identify the Subscriber and has the right to refuse to provide services without compensation and/ or refund.

2.6. Under this Agreement, the Client agrees that the personal data provided to them will be stored in a secure database of the Company during the term of this Agreement and can be deleted at the request of the user after the termination of the agreement.

2.7. An individual Client agrees to the processing of the following personal data: last name, first name, patronymic; date of birth; information about citizenship; number of the main identity document, information about the date of issue of the specified document and the issuing authority; phone numbers.

2.8. The parties, in case of any disagreements on the facts of departure We have agreed to consider the certificates of the Provider's archive service as reliable and final for resolving disputes between the Parties.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. Provider's responsibilities

3.1.1. Provide the Client with Services 24 hours a day, daily without interruptions, in accordance with the current Price List and Regulations, with the exception of carrying out necessary preventive and repair work, as well as circumstances/factors stipulated in Clause 11. of this Agreement.

3.1.2. Provide advice on issues that arise for the Client in connection with the use of the services in accordance with clause 7.1, clause 7.2, with the exception of administration in accordance with clause 7.3.3.1.3. The Provider undertakes to inform the Client at least 1 hour in advance through the ticket system and / or otherwise in the manner agreed upon at the conclusion of this Agreement, about planned maintenance work that entails the inability to use the Services, as well as about the planned disconnection of access to service management. These service interruptions are not compensable. In the event of an unscheduled power outage or an accident, the Provider immediately starts troubleshooting and, if possible, notifies the Client of an unscheduled power outage by placing an ad in the Personal Account.

3.1.4. Promptly notify the Client of changes in the Price List and Service Provision Regulations by publishing relevant information on the website https://serfstack.com or by sending it to the Client via email. In case of disagreement with the new version of the documents, the Client may terminate the Agreement in accordance with clause 8.3.3.1.5. At the Client's request, within 15 (fifteen) business days after the end of the reporting period, send a report on services rendered or provide an electronic copy of it through the Billing System. The Operator undertakes to post signed and stamped copies of acts on services rendered in the Billing System's personal account and/or through the Support center. For the purposes of this Agreement, the reporting period should be understood as a calendar month. 3.1.6. During the entire term of the agreement, if there are doubts about the accuracy of the data provided by the Client, including regarding clauses 3.3.3. and 3.3.3.1. of the Agreement, request additional information and / or require confirmation of the data provided. The request is sent by e-mail to the Client's contact address and/or via the ticket system. If this information is not provided by the Client within 5 hours from the moment of sending the first request, the Provider has the right to:

  • suspend the provision of services to the Client until the violation is resolved;
  • reject a Client's request for a new service;
  • reject the Client's request to extend the service's validity period. 

The above restrictions can be lifted within 24 hours from the moment the Client provides the requested information, if it turns out to be reliable. If the service is suspended, the time required to confirm the requested Client data will not be compensated. If the required information is not provided within 5 (five) business days from the date of sending the first request, the Provider has the right to terminate the Agreement.

3.1.7. Suspend the provision of services to the Client in the following cases:

  • The provision of services may pose a threat to the security and defense capability of the state, as well as to the health and safety of people;
  • The Client does not make timely payments for the services provided;
  • There is a debt for services rendered;
  • The Client's actions violate the requirements of the current legislation related to the use of the Services;
  • The Client uses or intends to use the communication equipment for any illegal purposes, or receives communication services in an illegal way, operates the provided equipment in violation of the rules of technical operation;
  • The Client uses or intends to use non-certified equipment
  • or equipment that violates the normal operation of the Provider's communication network;
  • If the Client commits actions that discredit the Provider's reputation. If the Client does not correct the violation during the period of suspension of services, the Provider has the right to terminate the agreement unilaterally without prior notice to the Client. In case of violation of the current agreement or the laws of the United States of America, the Provider is not responsible for the illegal actions of the Client.

3.1.8. In case of identification of actions of the Client that pose a threat to the functioning of other (non-Client) resources of the local or global computer network ( including actions specified in clause 10.1.,10.2., 10.3,10.4.,10.5.,10.6.,10.7.,10.8.,10.9.), The Provider

has the right to block the use of Equipment or individual services or

resources of the Client that violate the requirements specified in the Agreements or this Agreement posted on the Provider's official website.

3.1.9. The Provider has the right to filter incoming and outgoing traffic to the Client or block (send to blackhole) the IP address allocated to the Client when detecting incoming or outgoing spurious traffic (DoS or DDoS attacks). Work resumes after 3 hours to detect the end of network impact on the Provider's equipment. If the impact on the Provider's resources continues after the Client's resources resume working, the service is blocked again. Further actions to resume access are agreed with the Client through the ticket system. Also, in agreement with the Client, other methods of countering the attack may be taken.

3.2. The Provider has the right to:

3.2.1. Request the Client to provide documents confirming the authenticity of the Client's personal and contact data specified by the Client when ordering the Provider's Services.

3.2.2. Request confirmation of the validity and ownership of the phone number specified in the profile by sending an SMS code and/or calling the operator to confirm the specified number as a contact number.

3.2.3. Change the terms of this Agreement by notifying the Client about it through the established Communication Channels or through the ticket system, as well as in accordance with the procedure specified in clause 3.1.4 of this Agreement.

3.2.4. In case of detection of a violation of the terms of Service by the Client, suspend the provision of Services under this Agreement without warning until the Client receives the explanation required by the Provider.

3.2.5. Suspend the provision of Services to the Client in order to carry out work on the Provider's channels and equipment aimed at maintaining the proper level of quality of the Services provided.

3.2.6. Suspend the provision of Services to the Client in the cases specified in clause 9 and clause 10 of this Agreement.

3.2.7. Destroy the information placed by the Client on the Provider's equipment in case the Client violates any terms of this Agreement, as well as in case the Client violates the procedure for paying for the Provider's Services.

3.2.8. Refuse to provide Services to the Client without giving reasons in case of violation of this Agreement.

3.3. Rights and obligations of the Client

3.3.1. When registering in the Provider's personal account system, the Client familiarizes himself with the current Agreement and agrees to all the points of its regulations.

3.3.2. The Client undertakes to ensure the confidentiality of his / her account information and authorization data (login and password assigned to him / her). The Client fully bears the risk of consequences of loss of authorization data.

3.3.3. If the Client intends to conclude a Contract and order services, the Client undertakes to provide the Provider with reliable data about himself in the Client's Personal Account at the registration stage, namely:

3.3.3.1. Private:

  • Last name and First name;
  • Valid Email address;
  • Valid phone number.

3.3.3.2. for Company (Organization):

  • Name and Legal form;
  • Company number;
  • Legal address;
  • Mailing address (to which correspondence will be sent);
  • Bank requisites;
  • Phone number of the organization's manager.

3.3.3.3. for individual entrepreneurs:

  • Surname, First name, Patronymic of the Individual entrepreneur;
  • Company number;
  • Series, Number and Date of the Certificate of state registration of an individual entrepreneur;
  • Mailing address (to which correspondence will be sent);
  • Organization's bank details;
  • Phone number of the manager.

3.3.3.4. As well as the phone number to which notifications will be sent to identify the Client and a valid permanent email address belonging to the Client for sending/receiving electronic messages from the Provider.

3.3.4. When activating the VPS server rental service, the Client is granted full root access to server management. The Client is fully responsible for ensuring the operation of the service from the moment of sending an information notification about the opening of the service.

3.3.5. The Client has the right to install any software that does not contradict the current Agreement.

3.3.6. The Client has the right to make written requests tothe Provider's support center for advice on the operation of the Provider's service.

3.3.7. All requests related to the operation of services and their support are made only through the provider's ticket system. Support via phone, online chat, or other communication methods is not provided.

3.3.8. The Client undertakes to monitor and implement preventive measures in case of complaints (abuse) about the service used.

3.3.9. The Client undertakes to provide reliable data when registering in the Provider's personal account. Reliable data means the indication of a reliable email address, full name and passport data, if this is necessary for drawing up and signing a valid Contract on the part of the Provider and Client.

4. ENSURING INFORMATION SECURITY

4.1. The Provider is not responsible for the possible loss of information by the Client, and does not provide any guarantees for the safe storage of the Client's information on the Provider's information and technical resources. Information and technical resources are defined as storing Client data on the Provider's servers and the Provider's disk storage facilities-SSD drives or HDD disks.

4.2. The Client is solely responsible for backing up information posted on the Provider's information and technical resources.

4.3. If the Client's information is lost due to the Provider's fault, the Provider takes all possible measures to restore this information, but does not guarantee the success of this procedure.

5. PAYMENT, ACTIVATION AND RENEWAL OF SERVICES

5.1. Activation of the ordered services is made only after paying the full price of the service specified in the tariff plan or taking into account the individual discount by promo code.

5.2. The Client undertakes to monitor and make timely replenishment of the personal account for the renewal of the ordered services.

5.3. If the Client's service has not been paid for renewal for the next billing period, automatic blocking is performed. To resume the service, the Client makes a deposit to the account for the amount of the issued payment, according to the cost of the tariff plan and its supplements.

5.4. If there are insufficient funds to renew the service or the Client's account has not been replenished for renewal for a new billing period, the Provider will completely delete the service after:

  • 3 days from the end of the prepaid period for virtual dedicated server rental services (VPS / VDS hosting);
  • 1 day for physical server rental services (dedicated server).
  • 1 day for server rental services with a video card (GPU server).

Deleting the service will result in a complete loss of data stored on the file system / disk. If you delete a service with an overdue payment period, further recovery is not possible.

5.5. If the issued invoice for renewal of the Client's services was not paid before the actual expiration date of the service and is overdue by 1 day, the invoice for renewal of the service is charged a penalty for late payment in the amount of 5% of the total cost of the service.

6. BACKUP AND BACKUP OF DATA

6.1. The Provider provides an additional service for providing a backup server on a paid basis for creating backups when activating the virtual server rental service.

6.2. Activation of the remote server service for backup is performed at the Client's request through the personal account support center.

6.3. When activating the backup server service, the Client is granted access to the backup server, with the provision of an IP address for connection, login and password.

6.4. To create backups of important files, the Client independently configures and connects the backup server via the control panel or other scripts installed on the Client's server.

6.5. The Provider does not configure or connect the backup server on the Client's leased resources.

6.6. If the allocated volume of the backup server is exceeded, the Client orders additional disk space at its discretion.

6.7. The Provider is not responsible for data security, nor does it monitor the free disk space on the Client's account.

6.8. All operations on working with files, enabling or disabling backup storage are performed exclusively by the Client. The provider does not perform or perform consulting actions for connecting backup storage, and is not responsible for storing data on a remote backup server.

6.9. The Provider does not store or transmit data about the Client's stopped or deleted services. All Client services that have been removed from the Provider's technical resources in accordance with the service removal regulations are not subject to recovery.

7. TECHNICAL SUPPORT REGULATIONS

7.1. The Provider provides free technical support at its sole discretion. Free support includes the following services: site migration, installation of the ISPmanager control panel for the VPS server (without configuring server components), and initial consultation on working with the service.

7.2. Free technical support includes services for emergency updates of patches and OS components released in the event of a possible hacking threat or vulnerability. The update is possible if a stable release for OC Centos or Debian is released.

7.3. Free administration does not include software installation and configuration, installation of various operating systems provided for installation as a guest OS, search and removal of viruses, and troubleshooting software errors.

7.4. The Provider is not responsible for the performance of scripts installed or transferred during their placement on a virtual server or hosting account, and does not analyze their performance.

8. REFUND OF UNSPENT FUNDS

8.1. All services are provided "as is", the Client assumes all possible risks and losses associated with the purchase of the Provider's services.

8.2. Refund of funds for the services purchased by the Client is carried out only in the event of any circumstances that have arisen on the Provider's side, the elimination of which is impossible for any reason. Such circumstances may include the inability to provide the characteristics stated in the tariff plan and/or the inability to provide the service due to the fault of the Provider, if the Client does not violate this Agreement.

8.3. The Client has the right to make a request for a refund of funds that are not actually used or services that are not provided that are available on the Client's personal account.

8.4. Refund of funds to the Client's banking details is made by creating an electronic message through the Provider's ticket system.

8.5. The refund is made to the same details of the payer, indicating the full name of the account holder or e-wallet from which the personal account was replenished in the provider's personal account. If it is not technically possible to return funds by the same method (due to restrictions of payment systems), the funds are returned to the bank account of an individual (in rubles) who is a resident of the United States of America.

8.6. The services are understood as internal services of the company, namely:

  • Virtual server;
  • Virtual hosting;
  • Backup server.

There is no refund for the following services provided:

  • Dedicated server;
  • GPU server or Graphics Server;
  • Domain registration.
  • SSL certificates;
  • Software license;
  • Traffic filtering services;
  • Installation fee for service activation;
  • Server administration and software configuration.

8.7. The refund of unused funds held in the Client's Personal Account is made after deducting the possible commission of payment systems, as well as after deducting the commission for processing the refund, if such commission is applicable for the payment method used by the Client.

8.8.Only the actual unused amount available on the Client's personal account or the full unused months of the service's validity period are subject to refund.

8.9. In case of violation of one of the current points of the regulations, as a result of which damage was caused to the Provider's resources (server malfunction, creating an increased load on the Provider's resources, getting the providers IP addresses in the black-list, etc.), as well as violation of the general provisions, no refund is made, and the Client's service is blocked without recovery options.

8.10. Refunds are only possible for electronic currencies credited through the payment aggregator service or non-cash payments for legal entities/individual entrepreneurs, with the exception of cryptocurrency payment services.

8.11. Refunds are made after deducting commissions from payment aggregators or payment systems, the amount of which will be deducted from the available balance of the personal account or chargeback.

8.12. Refund of unused funds held in the Client's Personal Account is made within 14 business days from the date of submitting the application.

9. RESTRICTION ON THE USE OF THE SERVICES

9.1. The Client undertakes to monitor the created load on the Provider's resources, as well as to ensure and update the software components used on the Provider's resources.

9.2. If an increased load is created on one of the server resources, such as:

  • cpu cores;
  • of the disk subsystem;
  • using the internet channel;

The provider imposes restrictions on the use of resources. If the resource restriction is not possible, the Provider reserves the right to suspend the Client's service until the violation is eliminated, and in case of repeated violation, to terminate the performance of obligations under this Agreement.

9.2.1. For virtual server rental services, the Provider restricts the use of the Internet channel at speeds up to 100 Mbit/s or 1 Gbit/s, depending on the stated terms of the tariff plan. The stated speed is not a guarantee of throughput. For each virtual server, no more than 20% of the Internet channel utilization in 24 hours is allowed. In case of exceeding the set value of 20% for every 24 hours, your service may be limited to a network connection speed of 10 Mbit/s.

9.2.2. For the rental service of a dedicated server or a graphics server, a fixed value is set for the use of the Internet channel at speeds up to 100 Mbit/s without traffic restrictions, or a speed of 1 Gbit/s with a declared traffic limit. We usually offer 10 TB, 30 TB or 100TB of enabled traffic at 1Gbps. Information about the permissible traffic usage and Internet channel speed is indicated for each tariff plan and may differ for different tariff plans.

9.3. For virtual dedicated server Rental Services, the Provider restricts the computing power of the disk subsystem in accordance with Appendix 3 by limiting the speed of I / O operations, regardless of the tariff plan.

9.4. For Services of renting a virtual dedicated server, the Provider monitors and restricts the use of processor time in accordance with clause 9.5. 15 and Appendix 3, namely, restrictions on the execution of resource-intensive processes that can somehow affect the overall performance of the Provider's main server.

9.5. The Provider, while retaining all rights under the Agreement, has the right to immediately suspend the provision of Services in the following cases:

9.5.1 attempts to gain unauthorized access to Internet resources, conduct network attacks and network hacking, and participate in them (distributed attacks).

9.5.2 actions aimed at disrupting the normal functioning of Network elements (computers, other equipment or software) that do not belong to the Customer;

9.5.3 actions aimed at obtaining unauthorized access to a Network resource (computer, other equipment or information resource), subsequent use of such access, as well as destruction or modification of software or data that does not belong to the Customer, without the consent of the owners of this software or data of this information resource. Unauthorized access is defined as any access that differs from the method intended by the resource owner;

9.5.4 transmission of meaningless or useless information to computers or Network equipment that creates a parasitic load on these computers or equipment, as well as intermediate network sections, in volumes exceeding the minimum required to check the connectivity of networks and the availability of its individual elements.

9.5.5 if, in the reasonable opinion of the Provider, the Client's use of the Services may cause damage to the Provider and/or cause a failure of the technical and software tools of the Provider or third parties;

9.5.6 availability of actions on the part of the Client aimed at sending, publishing, transmitting, reproducing, distributing in any way, as well as in any form using the software and/or other materials obtained through the services, fully or partially protected by copyright or other rights, without the permission of the copyright holder;

9.5.7 availability of actions on the part of the Client aimed at sending messages to, publish, transmit, distribute in any way any information or software that contains viruses or other malicious components;

9.5.8 availability of actions on the part of the Client aimed at sending information (spam) containing advertising, without the consent of the addressee, if there are written statements from the recipients of such mailing addressed to the Provider with reasonable claims against the Client. At the same time, the concept of "Spam" is defined by the well-known "rules for using the network" posted on the Internet;

9.5.9 distribution and / or publication of any information that contradicts the requirements of the current legislation of the United States of America, norms of international law or infringes the rights of third parties; publication or distribution by the Client of any information or software that contains codes that correspond in their action to the action of computer viruses or other components equated to them;

9.5.10 advertising of services, goods, and other materials that are distributed restricted or prohibited by applicable law;

9.5.11 performing actions to scan network nodes in order to identify the internal structure of networks, security vulnerabilities, open port lists, etc., without the explicit consent of the owner of the resource being checked;

9.5.12 performing other actions that are not provided for in the Agreement and / or Agreement, but contain elements of a criminal or administrative offense, or violate the rights and legitimate interests of third parties;

9.5.13 if the Provider receives an appropriate order containing this requirement from the state body that regulates these relationships and has the appropriate powers in accordance with the current legislation of the United States of America;

9.5.14 if there are regulations of the competent authorities that have entered into force on the presence of prohibited content on the client's service;

9.5.15 excessive (more than 90% of the possible time) prolonged (more than 1 hour) constant use of system resources (connection port, central processor) servers;

9.5.16 in case of confirmation of access to the server by unauthorized persons (server hacking) and carrying out unauthorized activities;

9.5.17 use of virtual dedicated servers for resource-intensive tasks, resulting in an increased load on the Provider's equipment.

10. USE OF THE SERVICES IS PROHIBITED

10.1. The Client is prohibited from using the Provider's Services for purposes contrary to the law: transmission, distribution or storage of any materials and information prohibited by law, as well as any other actions contrary to current legislation or regulatory regulations, including, but not limited to, copyright infringement, illegal use of trademarks and trademarks, disclosure of confidential state information and commercial information without the permission of the owner of the information, violation of export-import legislation, incitement to racial and national intolerance, distribution of pornography, etc.using the Services.

10.1.1. The Client is prohibited from using the Provider's Services for the purpose of posting pornographic content, posting videos or graphic images that are prohibited on the territory of the United States of America.

10.1.2. The Client is prohibited from using the Provider's services for the purpose of hosting public proxy and VPN services with public (free) access.

10.1.3. The Client is prohibited from using the Provider's services for the purpose of hosting torrent trackers, hosting file-sharing networks, or creating file storage for mass download.

10.1.4. The Client is prohibited from using the Provider's services for mass mailing, distribution of pharmaceutical products, placement of botnets, grabbing, phishing and other purposes that contradict the legislation of the United States of America.

10.1.5. The Client is prohibited from using the Provider's services for the purpose of placing doorways, door signs and other types of aggressive marketing.

10.1.6. The Client is prohibited from using the Provider's services for the purpose of hosting game servers, except in cases where this is suggested by the tariff plan in its description.

10.1.7. The Client is prohibited from using the Provider's services for the purpose of posting content intended for deception, deception, or any other format that directly or indirectly relates to deception.

10.1.8. The Client is prohibited from using the Provider's services for the purpose of placing and mining cryptocurrencies, which leads to an increased load on the Provider's resources.

10.1.9. The Client is prohibited from using the Provider's services for hosting a gambling server, online casinos, any type of pyramid schemes, and any other types of services related to extortion or illegal receipt of funds.

11. LIMITATION OF LIABILITY

11.1. The Provider does not guarantee the absolute uninterrupted or error-free operation of the services and does not guarantee that the offered and installed software, including the software installed by the Client, or any other materials that have been installed or uploaded to the Client's server, do not contain computer viruses and other malicious components, as a result of the use of which, the Client's services may be damaged.

11.2. The Provider is not responsible for lost profits and / or lost profits, as well as any indirect losses incurred by the Client during the period of using or not using the Provider's services.

11.3. The Provider is not responsible for the functioning and quality of public communication channels or its individual parts, through which access to the provider's services is made.

11.4. The Client assumes full responsibility and all risks associated with the use of the Internet through the resources and/or services of the Provider.

11.5. The Provider is not responsible for notifying any third parties about the loss of access to the Client and for possible consequences resulting from the absence of such a warning.

11.6. The Provider is not responsible for network operation, delays or partial unavailability of services due to actions or omissions of third parties that caused the inability to use the provider's services.

11.7. The Provider is not responsible for the Client's inability to use the Provider's Services caused by the Client's lack of proper technical training or third parties having access to the Client's computing power.

11.8. The Provider is not responsible for the content of information transmitted by the Client over the Internet.

11.9. In the event of unresolved claims between the parties, each of them may defend its rights in accordance with the procedure established by the Legislation of the United States of America.

12. ENSURING AVAILABILITY AND SERVICE LEVEL

12.1. The Provider provides computing capacity rental services with a network availability guarantee of at least 99% for the reporting month.

11.2. If the Provider is responsible for violating the Service availability guarantee, the monthly payment for the Service is recalculated at the Client's request in accordance with clause 12.5. of this Agreement.

12.3. The operation of the services and internal services located on the computing power of the provider, which were transferred to the Client, is the full responsibility of the Client, including malfunctions of the operating system, software or other actions that could lead to the failure of the services located inside the Client's service.

12.4. In case of disruption of the Client's services due to an error in the operation of the provider's resources (except for the actions of third parties or communication channels), the provider compensates for downtime in accordance with clause 12.5. 

12.5. Recalculation of the monthly payment for the Service is performed based on the duration of unavailability of the Service, but not more than 100% of the monthly payment for A Service. When performing recalculation, the formula is used: full service cost per month / 30 (days) * number of unavailable days. Incomplete Service availability breaks of less than 24 hours are rounded up to 24 hours.

12.6. Recalculation of the monthly payment (compensation) is provided by transferring the amount of compensation to the Client's personal account. Compensation can be spent exclusively on paying for the Provider's Services and is not subject to withdrawal to the Payer's bank details.

12.7. The Service availability indicator may not include the time spent on carrying out any technical work that the Client was informed about through the Provider's Communication Channels prior to the start of such work in accordance with clause 3.1.3 of this Agreement.


13. OTHER CASES AND NATURAL DISASTERS

13.1. The Parties are released from liability for partial or complete non-performance of obligations under this Agreement caused by force majeure circumstances that arose after its conclusion. Such circumstances, in particular, include:

● accidents that lead to a violation of the integrity of the Provider's network;

● power outage of active equipment in the Provider's network;

● natural disasters;

● natural and industrial disasters;

● terrorist acts;

● military actions;

● civil unrest;

● adoption by state authorities or local self-government bodies of acts containing prohibitions or restrictions on the activities of the Partiesunder this Agreement; 

or other circumstances that cannot be foreseen or prevented in advance and make it impossible to fulfill the obligations of the Parties under the Agreement.

13.2. In case of force majeure circumstances, both parties undertake to notify each other of the occurrence of such circumstances by applying through the ticket system or by written notification to the Client's or Provider's address.

13.3. In the event of force majeure circumstances impeding the fulfillment of obligations under this Agreement, the deadline for the Parties to fulfill such obligations is postponed in proportion to the time of action of such circumstances, as well as the time required to eliminate their consequences, but not more than 60 (sixty) calendar days. In the event that force majeure circumstances continue to operate for more than the specified period, or when they occur, it becomes obvious to both Parties that they will operate for more than this period, the Parties undertake to discuss the possibility of alternative ways to perform this Agreement or terminate it without compensation for losses. In this case, the Provider undertakes to return to the Client the funds not used under the Agreement.

14. TERM OF VALIDITY, MODIFICATION OF TERMS AND TERMINATION OF THE AGREEMENT

14.1. If changes are made to the Agreement, the Provider publishes this agreement on the official website. The Client undertakes to independently monitor the current version of the service agreement. If the Client does not agree with the changes made, he has the right to unilaterally refuse to use the Provider's services. Continuing to use the Service after changing the current Agreement will be considered as acceptance of the changes and additions made.

14.2. The Agreement may be terminated at any time by agreement of the Parties, including if the Client does not agree with the new version of the Agreement.

14.3. If one of the Parties violates the terms of this Agreement, the other Party has the right to unilaterally terminate the Agreement, and notifies the Party that violated the terms of the Agreement in writing (possibly by e-mail or ticket system).

14.4. The Agreement comes into force from the moment of its conclusion and is valid for twelve months. If neither Party notifies the other of its intention to terminate or revise the Agreement thirty days prior to the expiration of the term of this Agreement, its validity automatically extended for the next term, and the number of such extensions is not limited.

14.5. The Agreement remains in force in the event of changes in the details of the Parties, changes in their constituent documents, including, but not limited to, changes in the owner, organizational and legal form, etc. In the event of a change in bank details, the Parties are required to notify each other within 10 days by means of an information notification.

14.6. The Client recognizes under this Agreement the validity of scanned copies of documents and electronic documents of the Provider generated by the Provider, Billing system or published on the Provider's website (offer agreement, price lists, service provision rules, invoices, certificates, reconciliation reports, etc.) on an equal basis with documents executed in simple written form. Only the Client's email address registered in the Provider's Billing System can be used for document exchange.

14.7. If the Parties have doubts about receiving and / or sending messages by e-mail and other actions related to the use of interfaces The information contained by the Provider and stored in the Billing System files sent to the Client through the user support System will be reliable proof of the events listed above.

14.8. If the Client wishes to stop using the Provider's services, the Client additionally notifies the Provider of the desire to terminate the fulfillment of obligations under this Agreement no later than 10 (ten) days before the date of the intended termination of the Service, termination of fulfillment of their obligations through the ticket system or in any other way agreed in advance between the Client and the Provider.

14.9. In case of early termination of this Agreement by agreement of the parties , the unused funds are returned to the Client within 14 business days in the same way as they were received to the Provider's account. Refund of funds to the Client's account is made only for the full unused months of the Provider's services. A full month is considered to be the billing month. 

Additional agreements between the Parties

Registration in the Billing system-personal account. Appendix No 1

1. When registering in the system of your Personal Account at https://auth.serfstack.com The Provider does not request personal and user data and does not process them without fail.

1.2. The Client understands and accepts all responsibility when registering in the system without providing identification data, in cases of loss of access to the account or hacking of the account, the subsequent restoration of the account is not performed.

1.3. The Provider performs random verification of user and credential data. In cases where the use of “VPN” or “TOR”browsers is detected The provider can request data for verification of the payer in accordance with clause 3.3.3. of this Agreement, as well as eliminate the violation by disabling the “VPN” or “TOR” browser and then re-authorizing it in the personal account.

1.4. In case of refusal to verify the payer's data, the Provider has the right to refuse service without a refund. 

Procedure for entering into an agreement Appendix No 2

1.1. After the Client expresses a desire to receive certain Services

provided by the Provider, the Parties conclude an Agreement.

1.2. The Agreement can be concluded by any individual and legal entity or individual entrepreneur, using the profile data filled in in advance in the Personal Account, or by a representative of the legal entity upon presentation of data authorizing this representative to conclude the Agreement.

1.3. A Contract is concluded with a Client who has a debt to the Provider only after the Client pays the amount of the debt. The terms of Contract renewal are determined by the Provider.

1.4. The payment procedure between the Client and the Provider is specified in the text of this Agreement.

Special terms of service Appendix No 3

1. The Provider reserves the right to apply special conditions for providing certain types of services.

1.1. The following conditions apply to tariff plans for renting virtual dedicated servers (VPS, VDS):

  • Internet connection speed is not more than 100 Mbit/s without guaranteed bandwidth of incoming/outgoing traffic. Unless otherwise specified in the tariff plan. Connection speed refers to incoming or outgoing speeds of up to 100 Mbit/s without a minimum threshold. Non-guaranteed bandwidth refers to the possibility of fluctuating connection speeds from 1Mbit/s to 100Mbit/s.
  • Limit CPU usage to no more than 6000000000 units of processor time per hour, according to statistics from the Virtual Dedicated Servers control panel.

1.2. For all tariff plans that fall under the "virtual server" category: the use of software for collecting ("mining") BitCoin and other cryptocurrencies is prohibited. The Provider has the right to refuse to provide services to the Client if the fact of installation and use of this software is revealed.

We may change this agreement from time to time. When using the services, you agree to monitor all changes and additions to this agreement. When using the services, you agree to all the listed clauses of this agreement and undertake to comply with their implementation.

Edition of September 19, 2023

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