Heficed

1. HEFICED TERMS OF SERVICE

A. OVERVIEW

UNIVERSAL TERMS OF SERVICE AGREEMENT

  1. This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between Digital Energy Technologies Ltd with company number 06848949, whose registered address 207 Regent Street, London, W1B 3HH, United Kingdom, a registered In England & Wales private limited company (“Heficed”) and you, and is made effective as of the date of your use of this website (“Site”) or the date of electronic acceptance.
  2. This Agreement sets forth the general terms and conditions of your use of the Site, and the products and services purchased or accessed through this Site (individually and collectively, the “Services”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services. Typically these Services may include Hosting Services under Hosting Services Agreement, User managed Services under Managed Services agreement, other Services on the basis on particular order, etc.
  3. By using Services you also implicitly agree and accept Heficed service level agreement (SLA). SLA acts as add-on of various Services and defines the time of the initial ticket response from Heficed technical support team. Please pay your attention to any SLA references in Heficed documents and policies. Please read these Heficed documents and policies carefully before accessing or using Heficed Services.
  4. For your convenience higher level SLA plan sometimes is available to be selected during the ordering process of some of Heficed Services. Pay your attention to the facts that:
    4.1. it could be aquired only for an additional fee;
    4.2. Particular order of Services may include specific provisions that override these general SLA provisions.
  5. Whether you are simply browsing or using this Site or purchase Services, your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following policies and the applicable product agreements, which are incorporated herein by references below.
  6. The terms “we”, “us” or “our” shall refer to Heficed. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services.
  7. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
  8. Heficed may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Heficed will provide advance notice with updated version of this Agreement, any policy or agreement at least 30 (thirty) days before they are due to take effect (Effective date). Notice of any such amendment may be given via email or Account or by any other means allowed under the Agreement.If you do not agree with the proposed updated version of this Agreement, any policy or agreement, you may notify Heficed at any time during the advance notice period that you wish to terminate Agreement, policy or any other agreement. In these circumstances the termination will take effect from the Effective date and we will discontinue providing Services under terminated Agreement, policy or any other agreement. However, if you do not contact us during the advance notice period to notify us to the contrary, you will be deemed to have accepted the changes and they will take effect from the Effective date.
  9. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services. In addition, Heficed may occasionally notify you of changes or modifications to this Agreement by email or through Account.
  10. It is therefore very important that you keep your shopper account (“Account”) information current. Heficed assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.

B. ELIGIBILITY; AUTHORITY

  1. This Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found under the laws of the Egland and Wales or other applicable jurisdiction.
  2. If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, Heficed finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations.
  3. Heficed shall not be liable for any loss or damage resulting from Heficed’s reliance on any instruction, notice, document or communication reasonably believed by Heficed to be genuine and originating from an authorized representative of your corporate entity.
  4. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Heficed reserves the right (but undertakes no duty) to require additional authentication from you.
  5. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.

C. ACCOUNTS; TRANSFER OF DATA ABROAD

  1. In order to access some of the features of this Site or use some of the Services, you will have to create an Account.
  2. You represent and warrant to Heficed that:

    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.

  3. If Heficed has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, Heficed reserves the right, in its sole and absolute discretion, to suspend or terminate your Account.
  4. You can own only one Account. Acts when multiple Accounts are made to bypass any restrictions or commit illegal activities will result in permanent termination of all Services.
  5. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, Payment Method(s) (as defined below). For security purposes, Heficed recommends that you change your password at least once every six (6) months for Account.
  6. You must notify Heficed immediately of any breach of security or unauthorized use of your Account.
  7. Heficed will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss Heficed or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.
  8. If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.
  9. In addition, Heficed may occasionally notify you of changes or modifications to this Agreement, any policy or agreement via Account. Accordingly, please check regularly your Account and notifications throughout each week.
  10. Once You logged-in your Account You can chose and order specific Services offered by Heficed. Pay your attention to the fact that some of our Services become available to you only upon the conclusion of a separate Services agreement or/and annex.

D. AVAILABILITY OF WEBSITE/SERVICES

  1. From time to time, Heficed may offer new Services (limited preview Services or new features to existing Services) in a pre-release version.
  2. New Services, new features to existing Services or limited preview Services shall be known, individually and collectively, as “ Beta Services”. If you elect to use any Beta Services, then your use of the Beta Services is subject to the following terms and conditions: (i) You acknowledge and agree that the Beta Services are pre-release versions and may not work properly; (ii) You acknowledge and agree that your use of the Beta Services may expose you to unusual risks of operational failures; (iii) The Beta Services are provided as-is, so we do not recommend using them in production or mission critical environments; (iv) Heficed reserves the right to modify, change, or discontinue any aspect of the Beta Services at any time; (v) Commercially released versions of the Beta Services may change substantially, and programs that use or run with the Beta Services may not work with the commercially released versions or subsequent releases; (vi) Heficed may limit availability of customer Service support time dedicated to support of the Beta Services; (vii) You acknowledge and agree to provide prompt feedback regarding your experience with the Beta Services in a form reasonably requested by us, including information necessary to enable us to duplicate errors or problems you experience. You acknowledge and agree that we may use your feedback for any purpose, including product development purposes. At our request you will provide us with comments that we may use publicly for press materials and marketing collateral. Any intellectual property inherent in your feedback or arising from your use of the Beta Services shall be owned exclusively by Heficed; (viii) You acknowledge and agree that all information regarding your use of the Beta Services, including your experience with and opinions regarding the Beta Services, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to Heficed; (ix) The Beta Services are provided “as is”, “as available”, and “with all faults”. To the fullest extent permitted by law, Heficed disclaims any and all warranties, statutory, express or implied, with respect to the Beta Services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You acknowledge and agree that you have the necessary rights and permissions to share all information necessary to provide the Services with Heficed. You acknowledge and agree that the Services may be provided by independent contractors or third party service providers. All paid support Services are non-refundable.

E. GENERAL RULES OF CONDUCT

  1. You acknowledge and agree that:

    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.

  2. Heficed reserves the right to modify, change, or discontinue any aspect of this Site or the Services, including without limitation prices and fees for the same, at any time.
  3. Our response to your non-compliance with general rules of conduct: 

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.

F. YOUR USE OF HEFICED CONTENT AND USER CONTENT

  1. In addition to the general rules above, the provisions in this Section apply specifically to your use of Heficed Content and User Content posted to Heficed’s corporate websites (i.e., those sites which Heficed directly controls or maintains).
  2. The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.

Heficed Content

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.

User Content

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

  1. You acknowledge and agree that you may not use our servers and your website as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities that threaten the stability of our network or will damage the systems of, or cause a disruption of internet services to, Heficed, our customers, or third-parties. Server hacking or other perpetration of security breaches is prohibited and we reserve the right to remove sites containing information about hacking or links to such information.
  2. Use of your website as an anonymous gateway is prohibited. We prohibit the use of software or scripts run on our servers that cause the server to load beyond a reasonable level, as determined by us.
  3. You agree that we reserve the right to remove your website temporarily or permanently from our servers if you are in violation of this Agreement and/or there are activities that threaten the stability of our network.
  4. You acknowledge and agree that all websites associated with your hosting account may be removed if one website is in violation of this Agreement.
  5. You further acknowledge and agree that Heficed reserves the right to scan your hosted account for malicious content (e.g., malware), and that, in the event any such content is discovered, it may be removed in Heficed’s discretion for security purposes.
  6. In addition to the General Rules of Conduct listed in our Universal Terms of Service, you agree not to engage in unacceptable use of the Services, which includes, without limitation, use of the Services to:

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.

  1. We prohibit the running of a public recursive DNS service on any of our servers. All recursive DNS servers must be secured to allow only internal network access or a limited set of IP addresses. We actively scan for the presence of public DNS services and reserve the right to remove any servers from the network that violate this restriction.

Website/Server Content

  1. You shall be solely responsible for providing, updating, uploading and maintaining your website or server and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through your website or server including, but not limited to, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text.
  2. You acknowledge and agree that in the course of providing you with technical assistance, it may be necessary for our support staff to modify, alter or remove the content of your hosted product.
  3. Your website or server content shall also include any registered domain names provided by you or registered on behalf of you in connection with the Services.
  4. If access to a third-party hosting website is required in the provision of any Service, you represent and warrant that you are authorized to provide us with access to the third-party hosting account for the purposes of this Agreement.
  5. You agree that you retain sole contractual and any other legal or fiduciary responsibilities related to your third-party hosting account.
  6. If you request that we install any Third Party Software (defined below) not provided as part of the Services, you represent and warrant that

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.

G. Heficed's USE OF USER CONTENT

  1. The provisions in this Section apply specifically to Heficed’s use of User Content posted to Heficed’s corporate websites (i.e., those sites which Heficed directly controls or maintains).
  2. The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.
  3. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.
  4. With Respect to User Submissions You acknowledge and agree that:

    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.

  5. You are responsible to take care of your Account and its safety.
  6. It is Your responsibility to make  backups on regular basis.
  7. Backups can be ordered at the time of filling Services order (if such feature is included within the User’s Service). In other cases you may order backup service under Service Upgrade procedure through your Account (if such procedure is available for the particular Service).
  8. Your are solely responsible for the preservation of your data. While the backups are being done by the Heficed (if such feature is included within the User’s Service), we do not guarantee full data safety and have no responsibility to preserve the data at all times. It is the User’s responsibility to make backups of the information that is critical to him.
  9. Heficed may not be held liable in any case of data loss.
  10. You shall be solely responsible for undertaking measures to:10.1. prevent any loss or damage to your website or server content;10.2. maintain independent archival and backup copies of your website or server content; and10.3. ensure the security, confidentiality and integrity of all your website or server content transmitted through or stored on our servers.

 

  1. The Services are not intended to provide a PCI (Payment Card Industry) or HIPAA (Health Insurance Portability and Accountability Act) compliant environment and therefore should not be used or considered as one.
  2. You shall not use the Service in any way, in our sole discretion, that shall impair the functioning or operation of our Services or equipment. Specifically by way of example and not as a limitation, you shall not use the Services as:

    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.

  3. Heficed shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.

With Respect to User Content (Other Than User Submissions)

  1. If you have a website or other content hosted by Heficed, you shall retain all of your ownership or licensed rights in User Content.
  2. By posting or publishing User Content to this Site or through the Services, you authorize Heficed to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement.
  3. You hereby grant Heficed a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, the Services and Heficed’s (and Heficed’s affiliates’) business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party.
  4. You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate “private” or “password protected”) through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement.
  5. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site.
  6. You understand and agree, however, that Heficed may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted.
  7. The above licenses granted by you in your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, Heficed shall not use any User Content that has been designated “private” or “password protected” by you for the purpose of promoting this Site or Heficed’s (or Heficed’s affiliates’) business(es).

H. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY

  1. Heficed generally does not pre-screen User Content (whether posted to a website hosted by Heficed or posted to this Site). However, Heficed reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement.
  2. Heficed may remove any item of User Content (whether posted to a website hosted by Heficed or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by Heficed in its sole and absolute discretion), at any time and without prior notice.
  3. Heficed may also terminate a User’s access to this Site or the Services found at this Site if Heficed has reason to believe the User is a repeat offender. If Heficed terminates your access to this Site or the Services found at this Site, Heficed may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.

I. ADDITIONAL RESERVATION OF RIGHTS

  1. Heficed expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Heficed in its sole and absolute discretion), including but not limited to the following:

    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.

  2. Heficed expressly reserves the right to terminate, without notice to you, any and all Services where, in Heficed’s sole discretion, you are harassing or threatening Heficed and/or any of Heficed’s employees.

J. NO SPAM

  1. We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming.
  2. Customers suspected to be using our products and Services for the purpose of sending spam are fully investigated. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation.
  3. We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following:

    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.

  4. We will not allow our servers and Services to be used for the purposes described above.
  5. In order to use our products and Services, you must not only abide by all applicable laws and regulations but you must also abide by this no spam policy.
  6. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have “opted-in” to receive messages. They must include a legitimate return address and reply-to address, the sender’s physical address, and an opt-out method in the footer of the email or fax. Upon request by us, conclusive proof of opt-in may be required for an email address or fax number.
  7. If we determine the Services in question are being used in association with spam, we will re-direct, suspend, or cancel any web site hosting, domain registration, email boxes or other applicable Services until customer responds.
  8. The registrant or customer will be required to respond by email to us stating that they will cease to send spam and/or have spam sent on their behalf.
  9. In the event we determine the abuse has not stopped after Services have been restored the first time, we may terminate the hosting and email boxes associated with the domain name in question.
  10. We encourage all customers and recipients of email generated from our products and Services to report suspected spam. Suspected abuse can be reported by email abuse@heficed.com.
  11. You agree that we may immediately terminate any Account which we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email.

M. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

  1. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. HEFICED, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HEFICED, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND HEFICED ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HEFICED, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
  2. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

N. LIMITATION OF LIABILITY

  1. IN NO EVENT SHALL HEFICED, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT Heficed IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  2. IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to this Site or the Services found at this Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.
  3. IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that in no event shall Heficed’s total aggregate liability exceed 6 months of the monthly Service fee or US$10,000.00, whichever is lesser.
  4. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

O. INDEMNITY

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:

  1. your use of and access to this Site or the Services found at this Site;
  2. your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or;
  3. (your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

P. DISCONTINUED SERVICES; END OF LIFE POLICY

  1. Heficed reserves the right to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice. Although Heficed makes great effort to maximize the lifespan of all its Services, there are times when a Service we offer will be discontinued or reach its End-of-Life (“EOL”). If that is the case, that product or Service will no longer be supported by Heficed, in any way, effective on the EOL date.
  2. In the event that any Service we offer has reached or will reach EOL, we will attempt to notify you thirty or more days in advance of the EOL date.
  3. It is your responsibility to take all necessary steps to replace the Service by migrating to a new Service before the EOL date, or by entirely ceasing reliance on said Service before the EOL date.
  4. In either case, Heficed will either offer a comparable Service for you to migrate to for the remainder of the term of your purchase, a prorated in-store credit, or a prorated refund, to be determined by Heficed in its sole and absolute discretion.
  5. Heficed may, with or without notice to you, migrate you to the most up-to-date version of the Service, if available. You agree to take full responsibility for any and all loss or damage arising from any such migration.
  6. Heficed will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to.

Q. FEES AND PAYMENTS

  1. You acknowledge and agree that your Payment Method will be charged and processed by Digital Energy Technologies Ltd, registered In England & Wales.

GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS

  1. You agree to pay any and all prices and fees due for Services purchased or obtained at this Site at the time you order the Services.
  2. All prices and fees are non-refundable unless otherwise expressly noted in the Refund Policy section below, even if your Services are suspended, terminated, or transferred prior to the end of the Services term.
  3. Heficed expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you.
  4. If you have purchased or obtained Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.
  5. Your agree to pay any and all prices and fees incurred in excess of the allocated resources limits. It is your responsibility to not exceed allocated resources or to purchase additional ones.
  6. Except as prohibited in any product-specific agreement, you may pay for Services by utilizing any of the following “Payment Methods”: (i) by providing a valid credit card, (ii) by using PayPal (as defined below), or (iii) via in-store credit balances if applicable (and as defined below) or any other payment method acceptable by Heficed, each a “Payment Method”.
  7. For Services that offer “Express Checkout”, clicking the Express Checkout button will automatically place an order for that Service and charge the primary Payment Method on file for your Account.
  8. Confirmation of that order will be sent to the email address on file for your Account. Your Payment Method on file must be kept valid if you have any active Services in your Account.
  9. You acknowledge and agree that where refunds are issued to your Payment Method, Heficed’s issuance of a refund receipt is only confirmation that Heficed has submitted your refund to the Payment Method charged at the time of the original sale, and that Heficed has absolutely no control over when the refund will be applied towards your Payment Method’s available balance.
  10. You further acknowledge and agree that the payment provider and/or individual issuing bank associated with your Payment Method establish and regulate the time frames for posting your refund, and that such refund posting time frames may range from five (5) business days to a full billing cycle, or longer.
  11. In the event a refund is issued to your Payment Method and the payment provider, payment processor or individual issuing bank associated with your Payment Method imposes any limitations on refunds, including but not limited to, limitations as to the timing of the refund or the number of refunds allowed, then Heficed, in its sole and absolute discretion, reserves the right to issue the refund in the form of an in-store credit.
  12. Heficed also has the right, but not the obligation, to offer an in-store credit for customers seeking refunds, even if there are no limitations on refunds imposed by the Payment Method.
  13. For the avoidance of doubt, any and all refunds processed via the issuance of in-store creditsare solely within Heficed’s discretion and are not available at customer request.
  14. In order to ensure that you do not experience an interruption or loss of Services, most Services offer an automatic renewal option.
  15. The automatic renewal option automatically renews the applicable Service for a renewal period equal in time to the most recent Service period, except for domain names which will renew for the original Service period. For example, for products other than domains, if your last Service period is for one year, your renewal period will be for one year.
  16. While the details of the automatic renewal option vary from Service to Service, the Services that offer an automatic renewal option treat it as the default setting.
  17. Therefore, unless you disable the automatic renewal option, Heficed will automatically renew the applicable Service when it comes up for renewal and will take payment from the Payment Method you have on file with Heficed at Heficed’s then current rates, which you acknowledge and agree may be higher or lower than the rates for the original Service period. In order to see the renewal settings applicable to you and your Services, simply log into your members area and find the respective account.
  18. You may enable or disable the automatic renewal option at any time. However, should you elect to disable the automatic renewal option and fail to manually renew your Services before they expire, you may experience an interruption or loss of Services, and Heficed shall not be liable to you or any third party regarding the same. In addition, Heficed may participate in “recurring billing programs” or “account updater services” supported by your credit card provider (and ultimately dependent on your bank’s participation).
  19. If you are enrolled in an automatic renewal option and we are unable to successfully charge your existing Payment Method, Heficed will automatically suspend and/or terminate Services.
  20. Heficed makes no guarantees that we will request or receive updated credit card information.
  21. You acknowledge and agree that it is your sole responsibility to modify and maintain your Account settings, including but not limited to (i) setting your renewal options and (ii) ensuring your associated Payment Method(s) are current and valid.
  22. Further, you acknowledge and agree that your failure to do so, may result in the interruption or loss of Services, and Heficed shall not be liable to you or any third party regarding the same.
  23. If for any reason Heficed is unable to charge your Payment Method for the full amount owed for the Services provided, or if Heficed receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, you agree that Heficed may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to you, of any domain names or Services registered or renewed on your behalf.
  24. Heficed also reserves the right to charge you reasonable “administrative fees” or “processing fees” for:

    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. Typical administrative or processing fee scenarios include, but are not limited to

    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.

  26. These administrative fees or processing fees will be billed to the Payment Method you have on file with Heficed.
  27. Heficed may offer product-level pricing in various currencies; however, transaction processing is supported only in U.S. dollars and a select number of the currency options displayed on this Site (“Supported Currency” or “Supported Currencies”).
  28. If the currency selected is a Supported Currency, then the transaction will be processed in the Supported Currency and the pricing displayed during the checkout process will be the actual amount processed and submitted to your bank for payment.
  29. If the currency selected is not a Supported Currency, then the transaction will be processed in U.S. dollars and the pricing displayed during the checkout process will be an estimated conversion price at the time of purchase.
  30. In either case (whether the currency selected is a Supported Currency or not), if the transaction is processed in a currency that differs from the currency of your bank account, you may be charged exchange rate conversion fees by your bank.
  31. In addition, due to time differences between (i) the time you complete the checkout process, (ii) the time the transaction is processed, and (iii) the time the transaction posts to your bank statement, the conversion rates may fluctuate, and Heficed makes no representations or warranties that (a) the amount submitted to your bank for payment will be the same as the amount posted to your bank statement (in the case of a Supported Currency) or (b) the estimated conversion price will be the same as either the amount processed or the amount posted to your bank statement (in the case of a non-Supported Currency), and you agree to waive any and all claims based upon such discrepancies (including any and all claims for a refund based on the foregoing).
  32. In addition, regardless of the selected currency, you acknowledge and agree that you may be charged Value Added Tax (“VAT”), Goods and Services Tax (“GST”), or other localized fees and/or taxes, based on your bank and/or the country indicated in your billing address section.

Billing Policy 

  1. The invoice for the Services is calculated according to the rates that are present on the website. It is the User’s responsibility to review billing information.
  2. If the User uses monthly Services, invoices are generated 15 days before the due date.
  3. If the User uses long-term Services, invoices are generated 25 days before the due date, if not stated otherwise.
  4. The due date for the payment may not be changed by either party.
  5. If any outstanding invoices are unpaid within the specified period, related Services will be suspended automatically.
  6. In case of Service cancellation, all related invoices will be cancelled automatically.
  7. In case of order reconsideration, the former order is terminated and the related invoice is canceled.
  8. The Heficed reserves the right to refuse some Service upgrades if there are outstanding invoices for the Service in question. In such case, the User is asked to pay for the outstanding invoices prior to the upgrade.
  9. The Heficed reserves the right to change the rates of Services anytime. The User always receives a notice about any upcoming changes in advance.

Payment Policy

  1. The currency initially assigned to the Account may not be changed.
  2. Discounts provided for first-time accounts may not be used multiple times by the same person. Coupon/promotion abuse will not be tolerated and may result in the suspension or termination of the account.
  3. The Heficed is not responsible for the price changes that may occur due to currency exchange rates.
  4. Prices do not include any taxes imposed by any tax authority of any kind if not stated otherwise. It is the User’s responsibility to cover additional taxes that may be applied.
  5. Only the User himself may pay for his Services. The Heficed reserves the right to ask to prove the ownership of the credit card or any other medium of payment used.
  6. The Heficed is not responsible for automatic transactions which are issued by third party checkout services. It is the User’s responsibility to manage their third party checkout services account settings to disable and avoid unwanted automatic transactions.
  7. By creating a billing agreement for authorized PayPal payments through the Client Area, the User gives permission for the Heficed to process automatic transactions from his PayPal account. It is the User’s responsibility to create, manage and terminate authorized PayPal payments in the Client Area.
  8. By creating authorized credit card payments through the Client Area, the User gives permission for the Provider to process automatic transactions from his credit card. It is the User’s responsibility to create, manage and terminate authorized credit card payments in the Client Area.
  9. By using his PayPal account with Heficed, the User agrees to set PayPal as his default payment method for all future automatic transactions.
  10. If the User chooses to add a credit card to his account, it will be set as the default payment method for all automatic transactions. It is the User‘s responsibility to create, manage and terminate authorized payments in the Client Area.
  11. The Heficed does not tolerate any type of fraud regarding the payment for the Services. If any illegal actions occur, the Services are terminated and the User is reported to legal authorities without prior notice.

 

Refund Policy

 

  1. Refunds are provided only for VPS hosting and Cloud hosting Services.
  2. For Services eligible for a refund, you may request a full refund within 14 (forteen) days of purchase (“Refund Period”).
  3. Refunds requested after the Refund Period are not provided.
  4. If the User has purchased a Services that includes a free domain name and the user canceled the purchased product, the standard price for the domain name will be deducted from the refund amount.
  5. The refund excludes the value of 3rd party products and services without any exceptions.
  6. To apply for a refund, the User must submit a refund request through his registered Account.
  7. Refunds are provided to the User:

    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.

  8. Refunds are applicable only if the User is in compliance with Terms of Universal Terms of Service Agreement, has not undergone suspension or termination due to violations of Universal Terms of Service Agreement before and has a clear abuse history.
  9. Refunds are provided for each Services accordingly. However, the User may receive a refund for a specific Services only once.
  10. Refunds are applicable only if the Services is provided directly by the Heficed. 3rd party products or additional services are not refundable.
  11. Refunds are not provided if the Services was not accessible because of 3rd party illegal activities.
  12. The Heficed reserves the right to make the final decision on any refund requests issued.
  13. In the event you purchase a product that includes a free domain name, if you cancel the product, the list price for the domain name will be deducted from the refund amount. The list price is the price of the domain name listed on Heficed’s website and is not subject to any promotion, discount, or other reduction in price. The refund excludes the value of 3rd party products and services without any exceptions.
  14. In no event will you be eligible for more than one refund of the same product or service.

PAY BY PAYPAL

  1. By using Heficed’s pay by PayPal payment option (“PayPal”), you can purchase Services using PayPal. In connection therewith, you agree to allow PayPal to debit the full amount of your purchase from your PayPal account (“PayPal Account”) or from credit card(s), bank account(s), or other allowed payment method(s) linked to your PayPal Account (“PayPal Funding Source”).
  2. It is your responsibility to keep your PayPal Account and PayPal Funding Source current and funded, and your PayPal Account backed by a valid credit card.
  3. You acknowledge and agree that (i) PayPal reserves the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your PayPal Account or PayPal Funding Source no longer existing or not holding available/sufficient funds) and (ii) in such event, neither PayPal nor Heficed shall be liable to you or any third party regarding the same.
  4. If for any reason PayPal is unable to withdraw the full amount owed for your purchase, you agree that PayPal and Heficed may pursue all available lawful remedies in order to obtain payment.
  5. You agree that if the transaction is returned unpaid, you will pay a Service charge of USD 20 or the maximum amount allowed by law, which may be debited from your PayPal Account or PayPal Funding Source.
  6. By clicking the box labeled “I agree” to the terms of the PayPal payment option, you authorize a debit of the full amount of your purchase from your PayPal Account or PayPal Funding Source.

INTERNATIONAL PAYMENT OPTIONS

  1. Heficed offers a variety of alternative international payment options through a variety of International Payment Providers (“IPP”).
  2. In the event you select an IPP, you represent that you have already agreed to any and all of the IPP’s applicable customer service agreements in advance of completing your transaction at Heficed.
  3. You also agree to allow the IPP to debit the full amount of your purchase from the selected bank account, e-wallet account (including credit card(s), bank account(s), or other allowed payment method(s) linked to your e-wallet account) or any other type of account associated with the selected IPP (including but not limited to, prepaid cards and mobile payments), collectively “Funding Sources”. In addition, you agree to allow the selected IPP to debit, if applicable, an “Exchange Rate Conversion Fee”, as well as any other fees or charges applicable to your agreement with the IPP (collectively, the “IPP Fees”), from your Funding Sources.
  4. You understand and agree that IPP Fees are subject to change at any time by the IPP without notice to you by Heficed.
  5. It is your responsibility to keep your Funding Sources current and funded.
  6. You acknowledge and agree that (i) the IPP reserves the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your Funding Sources no longer existing or not holding available/sufficient funds) and (ii) in such event, neither the IPP nor Heficed shall be liable to you or any third party regarding the same.
  7. You acknowledge that Heficed will not attempt to fulfill the Services purchased by you until Heficed receives confirmation of payment from the IPP through its associated payment processor.
  8. You acknowledge there may be a gap of several hours or days between the time you place an order and the time the IPP confirms payment through its associated payment processor.
  9. If Heficed does not receive confirmation of payment from the IPP through its associated payment processor within thirty (30) days from when the order is placed, your order may be cancelled, at which time you will need to commence the purchase process again.
  10. In the event that you would like to cancel payment for a pending transaction, you may cancel the order through your Heficed account. Payments received on previously cancelled orders will be automatically refunded to the original Payment Method when possible.
  11. If, at the time Heficed receives confirmation of payment from the IPP (through its associated payment processor), either (i) the Services (including domain names) are no longer available for purchase; or (ii) a pending order has been cancelled in our systems; or (iii) the confirmation of payment does not match the dollar amount of the pending order, and as a result your purchase is either over-funded or under-funded, Heficed may automatically issue a partial refund (in the case of over-funding) or a full refund (in the case of under-funding) to your Funding Source.
  12. If the IPP (or its associated payment processor) imposes refund limitations of any kind, Heficed reserves the right to issue refunds to an in-store credit balance.
  13. If you receive a full refund, you will need to begin the purchase process again.
  14. You acknowledge and agree that the IPP reserves the right not to refund IPP Fees associated with a refunded transaction. Accordingly, any refunds issued by Heficed will be net of the IPP Fees unless otherwise specified.

IN-STORE CREDIT BALANCES

  1. In the event that your Account contains an in-store credit balance, you may apply any available credit balance to any future purchase in your Account.
  2. In the event that your Account contains an in-store credit balance, you hereby authorize Heficed to apply any available credit balance to any outstanding administrative fees, chargebacks or other fees related to your Account.
  3. In the event that your default Payment Method fails for an automated billing in connection with the processing of any Service renewals, Heficed may utilize any available in-store credit balance if there are enough funds to cover the entire transaction.
  4. Regardless of the amount of in-store credit available in your account, Heficed is not responsible for the loss of products resulting from an inability to collect funds from your default Payment Methods or the in-store credit. In-store credits will be applied based on the currency selected in the shopping cart at the time of purchase (or renewal).
  5. If you have more than one in-store credit, then the credits will be processed according to the age of the credit, with the oldest in-store credit being applied first. If additional funds are required to complete the purchase or renewal, credits held in a non-selected currency will be converted using Heficed’s daily exchange rate based on the age of the credit (oldest to newest) until (i) enough funds are allocated to complete the transaction, or (ii) there is no available balance left in your account.
  6. You understand and agree that at the time of conversion, Heficed may also impose an additional administrative fee to compensate for the risks and costs associated with providing currency conversion services.
  7. You can verify your available in-store credit balance at any time by logging into “Manage Your Account” or through the shopping cart on the Heficed website.
  8. You acknowledge that in-store credit balances are non-transferrable, may only be used in the Account in which they were acquired and may expire.
  9. Complimentary in-store credits will expire two years after issuance. In the event that Heficed terminates your Account, you acknowledge and agree that any remaining available in-store credit balance will be forfeited.
  10. You also acknowledge that funds available in your in-store credit balance will be held by Heficed and will not accrue or pay interest for your behalf.
  11. To the extent any interest may accrue, you understand and agree that Heficed shall be entitled to receive and keep any such amounts to cover costs associated with supporting the in-store credit balance functionality.

 

CHARGEBACKS, REVERSALS AND RETRIEVALS

  1. Chargebacks are not considered an acceptable form of refunding.
  2. All payment refunds must be requested in accordance to the refund policy instead of issuing a chargeback or opening a transaction dispute.
  3. Chargebacks and/or disputes will be considered as payment fraud and will be a subject to full investigation.
  4. Heficed will use all information including the User’s Account profile, login history data and any communication between the Heficed and the User in order to appeal the chargeback or other payment dispute.
  5. If the Heficed receives a chargeback or a payment dispute from a Credit Card company, bank, via PayPal or any other payment gateway, all Services related to the Account of the User may be suspended without prior notice.
  6. Where applicable, domain disposal may be limited and requests to perform a transfer may be denied. These conditions apply to third party products as well.
  7. For every instance of chargeback or any other form of transaction retrieval, the User agrees to pay a USD 20 administration fee.
  8. To restore the Services, which were suspended due to a chargeback, a reversal or a retrieval, the User is bound to make sure that all chargebacks, reversals and/or retrievals would be withdrawed. Moreover, any financial mismatch caused by the chargebacks, reversals and/or retrievals must be fully covered by the User before the Services are restored.

R. SUCCESSORS AND ASSIGNS

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.

S. NO THIRD-PARTY BENEFICIARIES

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

T. COMPLIANCE WITH LOCAL LAWS

  1. Heficed makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited.
  2. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.

U. GOVERNING LAW; JURISDICTION

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.

V. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

  1. The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein.
  2. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement.
  3. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

 

W. CONTACT INFORMATION

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

Address

207 Regent Street
London W1B 3HH
United Kingdom

A. OVERVIEW

HEFICED INFRASTRUCTURE SERVICE AGREEMENT

  1. This Heficed Infrastructure Services Agreement (this “Agreement”) is entered into by and between Digital Energy Technologies Ltd with company number 06848949, whose registered address 207 Regent Street, London, W1B 3HH, United Kingdom, a United Kingdom private limited liability company (“Heficed”) and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of Heficed’s Infrastructure services (the “Services”), and incorporates the terms and conditions set forth in the appendixes entitled below.
  2. The Heficed shall undertake to supply the User with the Services, as defined in Appendixes to this Agreement, while the User shall undertake to pay for the supplied Services according to the order established within the Agreement and the Universal Terms of Service. All Services, conditions and pricing are listed in Appendixes to this Agreement. Additional appendixes shall become valid if signed by both Parties.
  3. Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with our Universal Terms of Service Agreement, which is incorporated herein by this reference, and any other agreements or policies that are expressly incorporated herein.
  4. The terms “we”, “us” or “our” shall refer to Heficed. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
  5. We may, in our sole and absolute discretion, change or modify this Agreement, any policies or agreements which are incorporated herein, and any limits or restrictions on the Services, at any time, and such changes or modifications shall be effective immediately upon posting to this Site.
  6. Your use of the Services after such changes or modifications shall constitute your acceptance of this Agreement and any limitations to the Services as last revised. If you do not agree to be bound by this Agreement and any Service limitations as last revised, do not continue to use the Services.
  7. We may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account information current. We assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.

B. DESCRIPTION OF SERVICES

  1. Heficed offers varying plans of Infrastructure Services selectible by User through the Account by issuance of Order the terms and conditions specified in Appendixes.

C. YOUR OBLIGATIONS AND OUR RESPONSE TO NON-COMPLIANCE

  1. In addition to the General Rules of Conduct listed in our Universal Terms of Service, you agree not to engage in unacceptable use of the Services specified below.

 Prohibited Uses 

  1. The Services may be used for lawful purposes only.
  2. The User is prohibited from transmitting any material in violation of any international, national and local regulations.The prohibited uses include (but are not limited to) these actions:

3.1. Fraud;

3.2. Spam;

3.3. Serving/sharing files using torrent protocol;

3.4. Scamming/phishing;

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.

  1. The Heficed reserves the right to refuse the Service if the User uses the Service for prohibited uses that violate Terms of Service, are not compatible with our policies or are considered illegal, harmful or threatening in any way.
  2. If the User chooses to continue using the Services for prohibited uses, the Heficed will act under “User’s non-compliance” terms and may suspend or terminate the Service with or without prior notice.

Anti-Spam Policy

  1. The Heficed does not tolerate spam and the spread of spam is strictly forbidden during the use of Service. While using the Service for mailing the User undertakes the following obligations:

    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.

  2.  If the User does not follow the obligations listed above, the Heficed will act under User’s non-compliance with General Rules of Conduct listed in our Universal Terms of Service and may suspend or terminate the Service with or without prior notice.
  3. If the User accused of spam rejects the accusation on the grounds that the complaining party (in this case – the recipient) agreed to subscribe to the User’s mailing list, the User must present proof of the recipient’s subscription.
  4. The User must provide logs which contain the complaining party’s email address, the exact date and time of the subscription confirmation, and the IP address which the recipient used during the subscription confirmation.
  5. If the User accused of spam refuses to cooperate and provide the required information, the Heficed considers the User being guilty of the Spam Policy violation.Unacceptable Material
  6. Heficed does not tolerate certain unacceptable material, stored on his servers. Such material includes (but is not limited to);

    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.

  7. The Heficed reserves the right to refuse the Service if the material stored by the User violates terms of Service, is not compatible with our policies or is considered illegal, harmful or threatening in any way.
  8. If the User chooses to store unacceptable material, the Heficed will act under User non-compliance with General Rules of Conduct listed in our Universal Terms of Service Agreement and may suspend or terminate the Service with or without prior notice.

 

D. SPECIFIC PROVISIONS

Provisions specific for Cloud Servers 

  1. Bandwidth is calculated for every month and is reset every month regardless of the billing cycle. If the Bandwidth limit is reached, the network speed is set to a bare minimum. In such cases the User is asked to upgrade with more internet bandwidth.
  2. Cloud Servers CPU threshold is calculated if over usage is detected for a prolonged period of time. If this occurs, it will be limited until the appropriate usage is restored. The User is free to upgrade his plans to benefit from higher CPU speeds if necessary.
  3. Cloud Servers User can upgrade his resources if there is higher demand. After executing Upgrades the User will be charged with an invoice for the upgrades and after paying the invoice upgraded resources will be instantly added.
  4. Cloud Servers hosting Service User is free to downgrade his resources if there is no need for them. Note that the User cannot downgrade IPv4 addresses and disk space.

Specific Support Services provisions 

  1. Infrastructure Support Service is available to User as an additional purchasable Service under infrastructure services available through Your Account (if such Support service is available for the particular Infrastructure Service).
  2. We provide you with these Infrastructure Support Services levels:

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. Pay Your attention to the fact that Order may include specific provisions that override these Specific Support Services provisions.

E. PROVISIONS SPECIFIC TO VPS

  1. VPS hosting Services are limited by provided VPS hosting Service usage might be restricted based by the demand of neighboring users of the same Service.
  2. VPS CPU threshold is calculated if over usage is detected for a prolonged period of time. If this occurs, it will be limited until the appropriate usage is restored. The User is free to upgrade his plans to benefit from higher CPU speeds if necessary.
  3. Bandwidth is calculated for every month and is reset every month regardless of the billing cycle. If the Bandwidth limit is reached, the network speed is set to a bare minimum. In such cases the User is asked to upgrade with more internet bandwidth.

F. SERVICE UPTIME GUARANTEE

  1. We offer a Service uptime guarantee of 99.9% (“Service Uptime Guarantee”) of available time per month. In any given month, if the uptime guarantee is breached:

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.

  1. Compensation will be applied only if all invoices are paid for the impacted Service.
  2. Compensation will be applied in up to 7 days after customer report and confirmation from Heficed team.

G. THIRD PARTY SOFTWARE

Definition.

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.

  1. We reserve the right to modify, change, or discontinue any Third-Party Software at any time, and you agree to cooperate in performing such steps as may be necessary to install any updates to the Third-Party Software.
  2. The Third-Party Software is neither sold nor distributed to you, and you may use the Third-Party Software solely as part of the Services.
  3. You may not use the Third-Party Software outside of the Services.
  4. We may provide your personal information to third-party providers as required to provide the Third-Party Software
  5. . You acknowledge and agree that your use of the Third-Party Software is subject to our agreement(s) with the third-party providers. In addition, if the Third-Party Software is accompanied by or requires consent to a Service or license agreement from the third-party provider, your use of the Third-Party Software is subject to such Service or license agreement.
  6. You may not download, install, or use any Third-Party Software that is accompanied by or requires consent to a service or license agreement from a third-party provider unless you first agree to the terms and conditions of such service or license agreement.
  7. You may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Third-Party Software.
  8. You may not reverse engineer, decompile, or disassemble the Third-Party Software, except and only to the extent that such activity is expressly permitted by applicable law.
  9. You acknowledge and agree that the third-party providers (and their affiliates and suppliers) make no representations or warranties about any Third-Party Software offered in connection with the Services, and expressly disclaim any liability or damages (whether direct, indirect, or consequential) arising from the use of the Third-Party Software. You acknowledge and agree that any Third-Party Software will be supported by us and not by the third-party providers (or their affiliates or suppliers).

H. SUSPENSION AND TERMINATION

Suspension 

  1. The Heficed reserves the right to suspend and/or terminate any Service for the User who either deliberately and intentionally or unintentionally violates Agreement.
  2. The Heficed reserves the right not to contact the User prior to suspension. However the Heficed may contact the User prior to suspension in attempt to stop and avoid further adverse actions carried out by the User or third parties through the User’s resources.
  3. The User must act immediately after receiving a notice from the Heficed and take necessary actions. A time-frame may be specified by the Heficed for the User to restore compliance with Terms of Universal Terms of Service Agreement or any other incorporated Agreement, Policy, Annnex.
  4. Failing to cooperate will result in suspension and/or termination of Services.The Heficed will act based on General Rules of Conduct listed in our Universal Terms of Service Agreement.
  5. The Heficed reserves the right to temporarily suspend the server because of security issues until they are eliminated. This is done to secure all the users using the server and it is not considered downtime therefore the User is not eligible for a refund.
  6. Service data is kept for 25 days after suspension. However, the User may renew the Services during this period for an additional fee 25 days. After the suspension the Services are terminated and the Heficed no longer preserves any Service data. Exeption to this provision is applied for Instant Dedicated Servers in this case service data is kept for 3 days after suspension. User may renew the Services during this period for an additional fee.
  7. If the User violates General Rules of Conduct listed in our Universal Terms of Service Agreement, the Heficed reserves the right to terminate the Services immediately as to avoid damage to other users and/or 3rd parties.

Termination 

  1. Services may be canceled by either party – the Heficed or the User. However, Heficed cannot cancel the Service on the User’s behalf.
  2. The Heficed acting on basis of General Rules of Conduct listed in our Universal Terms of Service Agreement or this Agreement has the right cancel the Services if the User violates terms of Service. The Heficed reserves the right to cancel the Service without prior notice.
  3. The User has the right to cancel his Service anytime by submitting the cancellation request through his Account.
  4. In cases where the Service was used deliberately and intentionally to cause damage to any property in any shape or form, the Heficed has the right to terminate the Service immediately, with or without prior notification. If the User acts deliberately and intentionally to cause damage to any property in any shape or form, a refund is not applicable.
  5. The Services are terminated immediately if the User:

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

  1. You acknowledge and agree that upon expiration or termination of your Services, you must discontinue use of the Services and relinquish use of the IP addresses and server names assigned to you in connection with Services, including pointing the domain name system (“DNS”) for your domain name(s) away from our servers. Prior to termination of the Services, you are responsible for moving your website or server content off our servers. We will not transfer or FTP your website or server content to another provider. If you fail to move your website or server content off our servers prior to cancellation, then all such content will be deleted and we will not be able to provide a copy of such content.
  2. Upon termination of the Services, all free products provided as part of the Services will be cancelled or revoked.
  3. Subject to all other applicable licenses terms and conditions, images available and licensed for use are intended for Heficed hosted customers only and are subject to the terms and conditions of third-party intellectual property rights and licensing restrictions. To the extent you wish to export or migrate your hosted product or service to another service provider (if available as an option), it is solely your responsibility to ensure your continued right to use any images incorporporated therein, and you acknowledge and agree that Heficed does not warrant and shall have no responsibility for any claims resulting from your continued use after migration and/or termination (whichever occurs first).

I. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

  1. The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein.
  2. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement.
  3. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

J. DEFINITIONS; CONFLICTS

  1. Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Universal Terms of Service Agreement, Heficed Managed Services Agreement, Heficed Infrastructure Services Agreement.
  2. If there is a conflict between the terms of any of the documents that comprise the Agreement, the documents will govern in the following order:

1. Order;

2. Heficed Managed Services Appendixes;

3. Heficed Managed Services Agreement;

4. Heficed Infrastructure Services agreement;

5. Heficed Universal Terms of Service Agreement.

3.1 KRONOS CLOUD POLICY

 APPENDIXES

  1. Heficed provides User with the combination of hardware and software components owned, licensed or managed by Heficed (hereinafter – Kronos Cloud Environment) to which Heficed grants User’s access as part of the Infrastructure Services which User has ordered. As applicable and subject to the terms of this Heficed Kronos Cloud Policy, Universal Terms of Services Agreement, Infrastructure Services Agreement and User order for the hosting service plan (hereinafter – Order), Products and Services, Third Party Content, Your Content and Your Applications may be hosted in the Kronos Cloud Environment.
  2. User is responsible for obtaining and maintaining all telecommunications, broadband and computer equipment and services needed to access and use the Kronos Cloud Environment and for paying all charges related thereto. User must meet the system requirements that Heficed disclose for him.
  3. For the duration of the Services Period and subject to Your payment obligations, and except as otherwise set forth in this Heficed Kronos Cloud Policy or Universal Terms of Services Agreement or Infrastructure Services Agreement, You have the non-exclusive, non-assignable, royalty free, worldwide limited right to access and use the Kronos Cloud Environment that You ordered, including anything developed by Heficed and delivered to You as part of the Kronos Cloud Environment, solely for Your internal business operations and subject to the terms of this Heficed Kronos Cloud Policy, Universal Terms of Services Agreement, Infrastructure Services Agreement. You may allow Your employees to use the Kronos Cloud Environment for this purpose and You are responsible for Your employees’ compliance with this Heficed Kronos Cloud Policy and other applicable Heficed terms and conditions.
  4. You do not acquire under this Heficed Kronos Cloud Policy any right or license to use Kronos Cloud Environment, in excess of the scope and/or duration of the Services stated in Your Order for the Infrastructure Services plan. Upon the end of the Infrastructure Services ordered, Your right to access and use the Kronos Cloud Environment will terminate.
  5. Heficed may provide You with access to Third Party Content within the Kronos Cloud Environment. The type and scope of any Third Party Content is defined in the Service Specifications applicable to Your Order. The third party owner, author or provider of such Third Party Content retains all ownership and intellectual property rights in and to that content, and Your rights to use such Third Party Content are subject to, and governed by, the terms applicable to such content as specified by such third party owner, author or provider.
  6. The Kronos Cloud Services are subject to and governed by Kronos Cloud Services Specifications provided in Your Order. Service Specifications may define provisioning and management processes applicable to the Kronos Cloud Services (such as capacity planning), types and quantities of system resources (such as storage allotments), functional and technical aspects of the Heficed Products and Services, as well as any Services deliverables. You acknowledge that use of the Services in a manner not consistent with the Kronos Cloud Specifications may adversely affect Kronos Cloud Services performance.
  7. The Kronos Cloud Services Specifications are subject to change at Heficed’s discretion; however, Heficed changes to the Kronos Cloud Services Specifications will not result in a material reduction in the level of performance or availability of the applicable Kronos Cloud Services provided to You for the duration of the Kronos Cloud Services Period.
  8. Your Order will specify the Server location in which Your Kronos Cloud Environment will reside. As described in the Kronos Cloud Services Specifications and to the extent applicable to the Kronos Cloud Services that You have ordered, Heficed will provide production, test, and backup environments in the Server location stated in Your Order. Heficed and its affiliates may perform certain aspects of Kronos Cloud Services, such as service administration and support, as well as other Services (including disaster recovery), from locations and/or through use of subcontractors, worldwide.
  9. Heficed may use tools, scripts, software, and utilities (collectively, the “Tools”) to monitor and administer the Services and to help resolve Your Heficed service requests. The Tools will not collect or store any of Your Content residing in the Kronos Cloud Environment, except as necessary to provide the Services or troubleshoot service requests or other problems in the Services. Information collected by the Tools (excluding Your Content) may also be used to assist in managing Heficed’s product and service portfolio, to help Heficed address deficiencies in its product and service offerings, and for license and Services management.
  10. Services provided under this Heficed Kronos Cloud Policy shall be provided for the Services Period defined in Your Order, unless earlier suspended or terminated in accordance with Infrastructure Services Agreement or the Order.
  11. Upon the end of the Kronos Cloud Services, You no longer have rights to access or use the Kronos Cloud Services, including the associated Kronos Cloud Environment.

 

 

 

3.2 HEFICED VIRTUOZZO VPS POLICY

  1. Heficed provides User with the combination of hardware and software components owned, licensed or managed by Heficed (hereinafter – Virtuozzo VPS Environment) to which Heficed grants User’s access as part of the Infrastructure Services which User have ordered. As applicable and subject to the terms of this Heficed Virtuozzo VPS Policy, Universal Terms of Services Agreement, Infrastructure Services Agreement and User order for the hosting service plan (hereinafter – Order), Products and Services, Third Party Content, Your Content and Your Applications may be hosted in the Virtuozzo VPS Environment.
  2. User is responsible for obtaining and maintaining all telecommunications, broadband and computer equipment and services needed to access and use the Virtuozzo VPS Environment and for paying all charges related thereto. User must meet the system requirements that Heficed disclose for him.
  3. For the duration of the Services Period and subject to Your payment obligations, and except as otherwise set forth in this Heficed Virtuozzo VPS Policy or Universal Terms of Services Agreement or Infrastructure Services Agreement, You have the non-exclusive, non-assignable, royalty free, worldwide limited right to access and use the Virtuozzo VPS Environment that You ordered, including anything developed by Heficed and delivered to You as part of the Virtuozzo VPS Environment, solely for Your internal business operations and subject to the terms of this Heficed Virtuozzo VPS Policy, Universal Terms of Services Agreement, Infrastructure Services Agreement. You may allow Your employees to use the Virtuozzo VPS Environment for this purpose and You are responsible for Your employees’ compliance with this Heficed Virtuozzo VPS Policy and other applicable Heficed terms and conditions.
  4. You do not acquire under this Heficed Virtuozzo VPS Policy any right or license to use Virtuozzo VPS Environment, in excess of the scope and/or duration of the Services stated in Your Order for the Infrastructure Services plan. Upon the end of the Infrastructure Services ordered, Your right to access and use the Virtuozzo VPS Environment will terminate.
  5. Heficed may provide You with access to Third Party Content within the Virtuozzo VPS Environment. The type and scope of any Third Party Content is defined in the Service Specifications applicable to Your Order. The third party owner, author or provider of such Third Party Content retains all ownership and intellectual property rights in and to that content, and Your rights to use such Third Party Content are subject to, and governed by, the terms applicable to such content as specified by such third party owner, author or provider.
  6. The Virtuozzo VPS Services are subject to and governed by Virtuozzo VPS Services Specifications provided in Your Order. Service Specifications may define provisioning and management processes applicable to the Virtuozzo VPS Services (such as capacity planning), types and quantities of system resources (such as storage allotments), functional and technical aspects of the Heficed Products and Services, as well as any Services deliverables. You acknowledge that use of the Services in a manner not consistent with the Virtuozzo VPS Specifications may adversely affect Virtuozzo VPS Services performance.
  7. The Virtuozzo VPS Services Specifications are subject to change at Heficed’s discretion; however, Heficed changes to the Virtuozzo VPS Services Specifications will not result in a material reduction in the level of performance or availability of the applicable Virtuozzo VPS Services provided to You for the duration of the Virtuozzo VPS Services Period.
  8. Your Order will specify the Server location in which Your Virtuozzo VPS Environment will reside. As described in the Virtuozzo VPS Services Specifications and to the extent applicable to the Virtuozzo VPS Services that You have ordered, Heficed will provide production, test, and backup environments in the Server location stated in Your Order. Heficed and its affiliates may perform certain aspects of Virtuozzo VPS Services, such as service administration and support, as well as other Services (including disaster recovery), from locations and/or through use of subcontractors, worldwide.
  9. Heficed may use tools, scripts, software, and utilities (collectively, the “Tools”) to monitor and administer the Services and to help resolve Your Heficed service requests. The Tools will not collect or store any of Your Content residing in the Virtuozzo VPS Environment, except as necessary to provide the Services or troubleshoot service requests or other problems in the Services. Information collected by the Tools (excluding Your Content) may also be used to assist in managing Heficed’s product and service portfolio, to help Heficed address deficiencies in its product and service offerings, and for license and Services management.
  10. Services provided under this Heficed Virtuozzo VPS Policy shall be provided for the Services Period defined in Your Order, unless earlier suspended or terminated in accordance with Infrastructure Services Agreement or the Order.
  11. Upon the end of the Virtuozzo VPS Services, You no longer have rights to access or use the Virtuozzo VPS Services, including the associated Virtuozzo VPS Environment.

3.3 HEFICED PREMIUM PROTO COMPUTE POLICY

  1. Heficed sets up a server at Heficed system and provides User with the combination of hardware and software components owned, licensed or managed by Heficed (hereinafter – Premium Proto Compute) to which Heficed grants User’s exclusive access as part of the Infrastructure Services which User have ordered. As applicable and subject to the terms of this Heficed Premium Proto Compute Policy, Universal Terms of Services Agreement, Infrastructure Services Agreement and User order for the Infrastructure Service plan (hereinafter – Order), Products and Services, Third Party Content, Your Content and Your Applications may be hosted in the Premium Proto Compute (hereinafter – Dedicated Server).
  2. Heficed will provide User’s Dedicated Server access to Heficed Internet Bandwidth. Access to the Heficed Internet Bandwidth will commence within no more than 5 minutes of receipt by Heficed of the setup charge and particular Order.
  3. User is responsible for obtaining and maintaining all telecommunications, broadband and computer equipment and services needed to access and use the Dedicated Server and for paying all charges related thereto. User must meet the system requirements that Heficed disclose for him.
  4. For the duration of the Services Period and subject to Your payment obligations, and except as otherwise set forth in this Heficed Premium Proto Compute Policy or Universal Terms of Services Agreement or Infrastructure Services Agreement, You have the non-exclusive, non-assignable, royalty free, worldwide limited right to access and use the Dedicated Server that You ordered, including anything developed by Heficed and delivered to You as part of the Dedicated Server, solely for Your internal business operations and subject to the terms of this Heficed Premium Proto Compute Policy, Universal Terms of Services Agreement, Infrastructure Services Agreement. You may allow Your employees to use the Dedicated Server for this purpose and You are responsible for Your employees’ compliance with this Heficed Premium Proto Compute Policy and other applicable Heficed terms and conditions.
  5. You do not acquire under this Heficed Premium Dedicated Policy any right or license to use Dedicated Server, in excess of the scope and/or duration of the Services stated in Your Order. Upon the end of the Infrastructure Services ordered, Your right to access and use the Dedicated Server will terminate.
  6. Heficed may provide You with access to Third Party Content within the Dedicated Server. The type and scope of any Third Party Content is defined in the Service Specifications applicable to Your Order. The third party owner, author or provider of such Third Party Content retains all ownership and intellectual property rights in and to that content, and Your rights to use such Third Party Content are subject to, and governed by, the terms applicable to such content as specified by such third party owner, author or provider.
  7. The Dedicated Server Services are subject to and governed by Dedicated Server Services Specifications provided in Your Order. These Specifications may define provisioning and management processes applicable to the Dedicated Server Services (such as capacity planning), types and quantities of system resources (such as storage allotments), functional and technical aspects of the Heficed Products and Services, as well as any Services deliverables. You acknowledge that use of the Services in a manner not consistent with the Dedicated Server Specifications may adversely affect Dedicated Server performance.
  8. In the event of any Dedicated Server bandwidth limit is reached, User shall be obliged to pay any additional charges for provided resources overage.
  9. The Dedicated Server Specifications are subject to change at Heficed’s discretion; however, Heficed changes to the Dedicated Server Specifications will not result in a material reduction in the level of performance or availability of the applicable Dedicated Server Services provided to You for the duration of the Dedicated Server Services Period.
  10. Your Order will specify the location in which Your Dedicated Server will reside. As described in the Dedicated Server Services Specifications and to the extent applicable to the Dedicated Server Services that You have ordered, Heficed will provide production, test, and backup environments in the Server location stated in Your Order. Heficed and its affiliates may perform certain aspects of Dedicated Server Services, such as service administration and support, as well as other Services (including disaster recovery), from locations and/or through use of subcontractors, worldwide.
  11. Heficed may use tools, scripts, software, and utilities (collectively, the “Tools”) to monitor and administer the Services and to help resolve Your Heficed service requests. The Tools will not collect or store any of Your Content residing in the Dedicated Server, except as necessary to provide the Services or troubleshoot service requests or other problems in the Services. Information collected by the Tools (excluding Your Content) may also be used to assist in managing Heficed’s product and service portfolio, to help Heficed address deficiencies in its product and service offerings, and for license and Services management.
  12. Services provided under this Heficed Premium Proto Compute Policy shall be provided for the Services Period defined in Your Order, unless earlier suspended or terminated in accordance with Infrastructure Services Agreement or the Order.
  13. Upon the end of the Dedicated Server Services, You no longer have rights to access or use the Dedicated Server Services, including the associated Services.

3.4 HEFICED INSTANT PROTO COMPUTE POLICY

  1. Heficed sets up a server at Heficed system and provides User with the combination of hardware and software components owned, licensed or managed by Heficed (hereinafter – Instant Proto Compute) to which Heficed grants User’s exclusive access as part of the Infrastructure Services which User have ordered. As applicable and subject to the terms of this Heficed Instant Proto Compute Policy, Universal Terms of Services Agreement, Infrastructure Services Agreement and User order for the Enterprise Service plan (hereinafter – Order), Products and Services, Third Party Content, Your Content and Your Applications may be hosted in the Instant Proto Compute.
  2. Heficed will provide User’s Instant Proto Compute access to Heficed Internet Bandwidth. Instant Proto Compute is designed for quick deployment. Once your Order is approved, your Instant Proto Compute can be online within few minutes. Access to the Heficed Internet Bandwidth will commence within no more than 5 minutes of receipt by Heficed of the setup charge and particular Order.
  3. User is responsible for obtaining and maintaining all telecommunications, broadband and computer equipment and services needed to access and use the Instant Proto Compute and for paying all charges related thereto. User must meet the system requirements that Heficed disclose for him.
  4. User cannot change combination of hardware components of Instant Proto Compute.
  5. For the duration of the Services Period and subject to Your payment obligations, and except as otherwise set forth in this Heficed Instant Proto Compute Policy or Universal Terms of Services Agreement or Infrastructure Services Agreement, You have the non-exclusive, non-assignable, royalty free, worldwide limited right to access and use the Instant Proto Compute that You ordered, including anything developed by Heficed and delivered to You as part of the Instant Proto Compute, solely for Your internal business operations and subject to the terms of this Heficed Instant Proto Compute Policy, Universal Terms of Services Agreement, Infrastructure Services Agreement. You may allow Your employees to use the Instant Proto Compute for this purpose and You are responsible for Your employees’ compliance with this Heficed Instant Proto Compute Policy and other applicable Heficed terms and conditions.
  6. You do not acquire under this Heficed Dedicated Policy any right or license to use Instant Proto Compute, in excess of the scope and/or duration of the Services stated in Your Order. Upon the end of the Infrastructure Services ordered, Your right to access and use the Instant Proto Compute will terminate.
  7. Heficed may provide You with access to Third Party Content within the Instant Proto Compute. The type and scope of any Third Party Content is defined in the Service Specifications applicable to Your Order. The third party owner, author or provider of such Third Party Content retains all ownership and intellectual property rights in and to that content, and Your rights to use such Third Party Content are subject to, and governed by, the terms applicable to such content as specified by such third party owner, author or provider.
  8. The Instant Proto Compute Services are subject to and governed by Instant Proto Compute Services Specifications provided in Your Order. These Specifications may define provisioning and management processes applicable to the Instant Proto Compute Services (such as capacity planning), types and quantities of system resources (such as storage allotments), functional and technical aspects of the Heficed Products and Services, as well as any Services deliverables. You acknowledge that use of the Services in a manner not consistent with the Instant Proto Compute Specifications may adversely affect Instant Proto Compute performance.
  9. It is recommended to the User to monitor usage of Instant Proto Compute Services regularly and over specific time periods to ensure User do not exceed Instant Proto Compute limits.
  10. In the event of any Instant Proto Compute bandwidth limit is reached, User shall be obliged to pay any additional charges for provided resources overage.
  11. The Instant Proto Compute Specifications are subject to change at Heficed’s discretion; however, Heficed changes to the Instant Proto Compute Specifications will not result in a material reduction in the level of performance or availability of the applicable Instant Proto Compute Services provided to You for the duration of the Instant Proto Compute Services Period.
  12. Your Order will specify the location in which Your Instant Proto Compute will reside. As described in the Instant Proto Compute Services Specifications and to the extent applicable to the Instant Proto Compute Services that You have ordered, Heficed will provide production, test environments in the Server location stated in Your Order. Heficed and its affiliates may perform certain aspects of Instant Proto Compute Services, such as service administration and support from locations and/or through use of subcontractors, worldwide.
  13. Heficed may use tools, scripts, software, and utilities (collectively, the “Tools”) to monitor and administer the Services and to help resolve Your Heficed service requests. The Tools will not collect or store any of Your Content residing in the Instant Proto Compute, except as necessary to provide the Services or troubleshoot service requests or other problems in the Services. Information collected by the Tools (excluding Your Content) may also be used to assist in managing Heficed’s product and service portfolio, to help Heficed address deficiencies in its product and service offerings, and for license and Services management.
  14. Services provided under this Heficed Instant Proto Compute Policy shall be provided for the Services Period defined in Your Order, unless earlier suspended or terminated in accordance with Infrastructure Services Agreement or the Order.
  15. Upon the end of the Instant Proto Compute Services, You no longer have rights to access or use the Instant Proto Compute Services, including the associated Services.
  16. Your Instant Proto Compute data is kept only for 3 days after the end of the Instant Proto Compute Services so please hurry to backup Your Instant Proto Compute data or renew the Instant Proto Compute Services during this period for an additional fee.
  17. User shall backup his Instant Proto Compute data to prevent data loss. Please be aware that in the event of malfunction of hardware components of Instant Proto Compute:

17.1.  Heficed shall not replace or upgrade hardware of Instant Proto Compute;

17.2.  Heficed shall replace whole Instant Proto Compute;