UNIVERSAL TERMS OF SERVICE AGREEMENT
2.1. all information you submit when you create your Account is accurate, current and complete, and
2.2. you will keep your Account information accurate, current, complete and updated,
2.3. you are the owner of the primary email address used to set up the Account.
2.4. you will not pass, sell, or transfer the ownership of the Account to another person or entity in any form.
1.1. Your use of this Site and the Services, including any content you submit, will comply with this Agreement and all applicable local, national and international laws, rules and regulations.
1.2.You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
1.3. You will not use this Site or the Services in a manner (as determined by Heficed in its sole and absolute discretion) that:
1.3.1.Is illegal, or promotes or encourages illegal activity;
1.3.2. Promotes, encourages or engages in child pornography or the exploitation of children;
1.3.3. Promotes, encourages or engages in terrorism, violence against people, animals, or property;
1.3.4. Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
1.3.5. Promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
1.3.6. Infringes on the intellectual property rights of another User or any other person or entity;
1.3.7. Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
1.3.8. Interferes with the operation of this Site or the Services found at this Site;
1.3.9. Contains or installs any viruses, worms, bugs, Trojan horses, Cryptocurrency Miners or other code, files or programs designed to, or capable of, using many resources, disrupting, damaging or limiting the functionality of any software or hardware; or
1.3.10. Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Heficed or Heficed’s Services.
1.4. You will not copy or distribute in any medium any part of this Site or the Services , except where expressly authorized by Heficed.
1.5. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
1.6. You will not access Heficed Content (as defined below) or User Content through any technology or means other than through this Site itself, or as Heficed may designate.
1.7. You agree to back-up all of your User Content so that you can access and use it when needed. Heficed does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
1.8. You will not re-sell or provide the Services for a commercial purpose, including any of Heficed’s related technologies, without Heficed’s express prior written consent.
1.9. You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
3.1. In case of User’s non-compliance with terms of the general rules of conduct, the Heficed will act under the sole discretion in order to restore compliance.
3.2. The Heficed may deny new orders and halt tasks, including support tasks that are already in progress.
3.3. The Heficed will continue communication with the User with emphasis on the non-compliance issue only.
3.4. If the Heficed’s efforts to restore compliance with terms of the general rules of conduct fail because of the User’s non-cooperation, or the violation is too severe, any actions, based on terms of the general rules of conduct, carried out by the Heficed will be considered necessary including suspension or termination of Service. In case of such suspension or termination the User will have no right to demand a refund/be refunded. Moreover, the User will be held responsible for this unilateral termination of Agreement initiated by the Heficed.
3.5. In case of abuse or any similar adverse circumstances the Heficed will take necessary actions to suppress the incident as soon as possible. Considering the severity of the incident the Heficed may not contact the User prior to suspension. Such inaccessibility is not considered downtime. The Heficed will try to cooperate toward a problem resolution as long as the User puts relative effort into mutual cooperation. However, the User has no right to demand re-activation of the Service if the Heficed believes that it will cause risk of another incident.
4. If any illegal activities occur of which the Heficed is aware of, the Heficed will contact appropriate legal authorities.
3. Except for User Content, the content on this Site and the Services , including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Heficed Content”), are owned by or licensed to Heficed in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United Kingdom and foreign countries, and other intellectual property rights under United Kingdom and foreign laws.
4. Heficed Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Heficed.
5. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. Heficed reserves all rights not expressly granted in and to the Heficed Content, this Site and the Services, and this Agreement do not transfer ownership of any of these rights.
6.Some of the features of this Site or the Services may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”).
7. User Content includes all content submitted through your Account.
8. By posting or publishing User Content to this Site or to the Services, you represent and warrant to Heficed that (i) you have all necessary rights to distribute User Content via this Site or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party. Security.
9. You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any Heficed Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the Heficed Content or the User Content therein.
Abusive Activities and Other Threats
15.1. attempt to mislead any person as to the identity, source or origin of any communication;
15.2. interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which you do not have authorization to access or at a level exceeding your authorization; or
15.3. use your server as an “open relay” or for any of the above purposes.
22.1. you have the right to use and install the Third Party Software,
22.2. you have paid the applicable licensing fees for the Third Party Software, and
22.3. the Third Party Software does not and shall not infringe on the intellectual property rights of any other person or entity.
4.1. Your User Submissions are entirely voluntary.
4.2. Your User Submissions do not establish a confidential relationship or obligate Heficed to treat your User Submissions as confidential or secret.
4.3. Heficed has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions.
4.4. Heficed may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.
12.1. a repository or instrument for placing or storing archived files; and/or
12.2. placing or storing material that can be downloaded through other websites. You acknowledge and agree that we have the right to carry out a forensic examination in the event of a compromise to your server or account.
With Respect to User Content (Other Than User Submissions)
1.1. to correct mistakes made by Heficed in offering or delivering any Services (including any domain name registration),
1.2. to protect the integrity and stability of, and correct mistakes made by, any domain name registry,
1.2.3. to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations,
1.2.4. to comply with requests of law enforcement, including subpoena requests,
1.2.5. to comply with any dispute resolution process,
1.2.6. to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or
1.2.7. to avoid any civil or criminal liability on the part of Heficed, its officers, directors, employees and agents, as well as Heficed ’s affiliates, including, but not limited to, instances where you have sued or threatened to sue Heficed.
3.1. Email Messages;
3.2. Newsgroup postings;
3.3. Windows system messages;
3.4. Pop-up messages (aka “adware” or “spyware” messages);
3.5. Instant messages (using AOL, MSN, Yahoo or other instant messenger programs);
3.6. Online chat room advertisements;
3.7. Guestbook or Website Forum postings;
3.8. Facsimile Solicitations;
3.9. Text/SMS Messages.
You agree to protect, defend, indemnify and hold harmless Heficed and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Heficed directly or indirectly arising from:
GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS
25.1. tasks Heficed may perform outside the normal scope of its Services,
25.2. additional time and/or costs Heficed may incur in providing its Services, and/or;
25.3. your noncompliance with this Agreement (as determined by Heficed in its sole and absolute discretion).
25.1. customer service issues that require additional personal time or attention;
25.2. UDRP (Uniform Domain-Name Dispute-Resolution Policy) actions(s) in connection with your domain name(s) and/or disputes that require accounting or legal services, whether performed by Heficed staff or by outside firms retained by Heficed;
25.3. recouping any and all costs and fees, including the cost of Services, incurred by Heficed as the results of chargebacks or other payment disputes brought by you, your bank or Payment Method processor.
59.1. via the same Payment Method that was used by the User at the time of the original purchase (if Payment Method used by User is still available);
59.2. to an in-store credit balance.
PAY BY PAYPAL
INTERNATIONAL PAYMENT OPTIONS
IN-STORE CREDIT BALANCES
CHARGEBACKS, REVERSALS AND RETRIEVALS
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Except for disputes governed by the explicitly mandatory state laws, this Agreement shall be governed by and construed in accordance with the laws of the England and Wales.
If you have any questions about this Agreement, please contact us by email or regular mail at the following address:
United Kingdom, London
Digital Energy Technologies Limited
Registration №: 06848949
VAT №: GB989590342
Registered In England & Wales
207 Regent Street
London W1B 3HH
HEFICED INFRASTRUCTURE SERVICE AGREEMENT
3.3. Serving/sharing files using torrent protocol;
3.5. Crypto currency mining;
3.6. Malicious usage to disturb the work of the server;
3.7. Abusive actions against other servers or users;
3.8. DDos flooding or any other kind of flooding.
6.1. Not to email to the people, who have not expressed any request in any way to receive emails;
6.2. Not to provide and not to propose the Service under the application of which 3rd parties could spread spam;
6.3. To implement and support appropriate technical means that secure that any 3rd parties do not spread spam;
6.4. Apply opt-in principle for any information sent via electronic means, and suggest effective means to refuse received spam;
6.5. Not to collect, store, publish and spread data (e.g. email addresses) under the aid of which the spam can be sent;
6.6. Not to create open or easily exploitable mailing relays.
11.1. Gambling websites;
11.2. Websites promoting illegal activities;
11.3. Child pornography;
11.4. Racist content;
11.5. Incitement of strife, hatred or violence;
11.6. Other abusive websites.
Provisions specific for Cloud Servers
Specific Support Services provisions
6.1. BASIC – support response time up to 12 hours, no system backups available. BASIC level is available to every User of Infrastructure Service (if such Infrastructure Support service is available for the particular Infrastructure Service).
6.2. Higher level Infrastructure Support service for an additional fee;
6.2.1. 4H SLA – support response time up to 4 hours, one weekly system snapshot included (scheduled on Sundays, managed by Heficed support);
6.2.2. 2H SLA – support response time up to 2 hours, two weekly system snapshots included (scheduled on Sundays and Wednesdays, managed by Heficed support);
6.2.3. 1H SLA – support response time up to 1 hours, three weekly system snapshots included (scheduled on Sundays, Tuesdays and Thursdays, managed by Heficed support)
1.1. Service downtime for additional 1 hour equals to additional 1 day to Service due date.
1.2. Service downtime for additional 4 hours equals to 1 week Service due date (8 hours = 2 weeks etc).
1.3. Compensations are provided up to additional maximum of 1 month period to Service due date.
1.4. The uptime guarantee does not apply to 3rd party products (domains, cpanel, ssl and etc).
1.5. Compensations are calculated on the User’s Service lifetime. Compensations can only be issued for Services which are active for at least for 3 month or more in such periods: 3 month (total of 2 hours, 11 minutes downtime), 6 month (total of 4 hours, 22 minutes downtime), 9 month (total of 6 hours, 34 minutes downtime), 12 month (total of 8 hours, 45 minutes downtime).
1.6. Scheduled Service maintenance does not apply as a downtime.
Third Party Software means any software or application developed and owned by a third party provider that we may contract with from time to time.
Operating Software. The Services may be operated in both Linux® and Windows® environments. Each time you commission a server, we will provision the server with the operating system you choose.
12.1. creates a proxy service;
12.2. is carrying out actions related with copyrighted data without having copyrights to that material;
12.3. is using the server for unwanted e-mail (SPAM) or harmful software sending;
12.4. is using the server to generate bitcoins (is performing bitmining);
12.5. is serving/sharing files using torrent protocol;
12.6. is scamming/phishing or other harmful for other internet users activities;
12.7. is performing any kind of other illegal activities.
Consequences of Termination
2. Heficed Managed Services Appendixes;
3. Heficed Managed Services Agreement;
4. Heficed Infrastructure Services agreement;
5. Heficed Universal Terms of Service Agreement.
17.1. Heficed shall not replace or upgrade hardware of Instant Proto Compute;
17.2. Heficed shall replace whole Instant Proto Compute;