2.1. all information you submit when you create your Account is accurate, current and complete, and
2.2. you will keep your Account information accurate, current, complete and updated,
2.3. you are the owner of the primary email address used to set up the Account.
2.4. you will not pass, sell, or transfer the ownership of the Account to another person or entity in any form.
1.1. Your use of this Site and the Services, including any content you submit, will comply with this Agreement and all applicable local, national and international laws, rules and regulations.
1.2.You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
1.3. You will not use this Site or the Services in a manner (as determined by Heficed in its sole and absolute discretion) that:
1.3.1.Is illegal, or promotes or encourages illegal activity;
1.3.2. Promotes, encourages or engages in child pornography or the exploitation of children;
1.3.3. Promotes, encourages or engages in terrorism, violence against people, animals, or property;
1.3.4. Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
1.3.5. Promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
1.3.6. Infringes on the intellectual property rights of another User or any other person or entity;
1.3.7. Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
1.3.8. Interferes with the operation of this Site or the Services found at this Site;
1.3.9. Contains or installs any viruses, worms, bugs, Trojan horses, Cryptocurrency Miners or other code, files or programs designed to, or capable of, using many resources, disrupting, damaging or limiting the functionality of any software or hardware; or
1.3.10. Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Heficed or Heficed’s Services.
1.4. You will not copy or distribute in any medium any part of this Site or the Services , except where expressly authorized by Heficed.
1.5. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
1.6. You will not access Heficed Content (as defined below) or User Content through any technology or means other than through this Site itself, or as Heficed may designate.
1.7. You agree to back-up all of your User Content so that you can access and use it when needed. Heficed does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
1.8. You will not re-sell or provide the Services for a commercial purpose, including any of Heficed’s related technologies, without Heficed’s express prior written consent.
1.9. You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
3.1. In case of User’s non-compliance with terms of the general rules of conduct, the Heficed will act under the sole discretion in order to restore compliance.
3.2. The Heficed may deny new orders and halt tasks, including support tasks that are already in progress.
3.3. The Heficed will continue communication with the User with emphasis on the non-compliance issue only.
3.4. If the Heficed’s efforts to restore compliance with terms of the general rules of conduct fail because of the User’s non-cooperation, or the violation is too severe, any actions, based on terms of the general rules of conduct, carried out by the Heficed will be considered necessary including suspension or termination of Service. In case of such suspension or termination the User will have no right to demand a refund/be refunded. Moreover, the User will be held responsible for this unilateral termination of Agreement initiated by the Heficed.
3.5. In case of abuse or any similar adverse circumstances the Heficed will take necessary actions to suppress the incident as soon as possible. Considering the severity of the incident the Heficed may not contact the User prior to suspension. Such inaccessibility is not considered downtime. The Heficed will try to cooperate toward a problem resolution as long as the User puts relative effort into mutual cooperation. However, the User has no right to demand re-activation of the Service if the Heficed believes that it will cause risk of another incident.
4. If any illegal activities occur of which the Heficed is aware of, the Heficed will contact appropriate legal authorities.
3. Except for User Content, the content on this Site and the Services , including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Heficed Content”), are owned by or licensed to Heficed in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United Kingdom and foreign countries, and other intellectual property rights under United Kingdom and foreign laws.
4. Heficed Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Heficed.
5. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. Heficed reserves all rights not expressly granted in and to the Heficed Content, this Site and the Services, and this Agreement do not transfer ownership of any of these rights.
6.Some of the features of this Site or the Services may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”).
7. User Content includes all content submitted through your Account.
8. By posting or publishing User Content to this Site or to the Services, you represent and warrant to Heficed that (i) you have all necessary rights to distribute User Content via this Site or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party. Security.
9. You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any Heficed Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the Heficed Content or the User Content therein.
Abusive Activities and Other Threats
15.1. attempt to mislead any person as to the identity, source or origin of any communication;
15.2. interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which you do not have authorization to access or at a level exceeding your authorization; or
15.3. use your server as an “open relay” or for any of the above purposes.
22.1. you have the right to use and install the Third Party Software,
22.2. you have paid the applicable licensing fees for the Third Party Software, and
22.3. the Third Party Software does not and shall not infringe on the intellectual property rights of any other person or entity.
4.1. Your User Submissions are entirely voluntary.
4.2. Your User Submissions do not establish a confidential relationship or obligate Heficed to treat your User Submissions as confidential or secret.
4.3. Heficed has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions.
4.4. Heficed may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.
12.1. a repository or instrument for placing or storing archived files; and/or
12.2. placing or storing material that can be downloaded through other websites. You acknowledge and agree that we have the right to carry out a forensic examination in the event of a compromise to your server or account.
With Respect to User Content (Other Than User Submissions)
1.1. to correct mistakes made by Heficed in offering or delivering any Services (including any domain name registration),
1.2. to protect the integrity and stability of, and correct mistakes made by, any domain name registry,
1.2.3. to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations,
1.2.4. to comply with requests of law enforcement, including subpoena requests,
1.2.5. to comply with any dispute resolution process,
1.2.6. to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or
1.2.7. to avoid any civil or criminal liability on the part of Heficed, its officers, directors, employees and agents, as well as Heficed ’s affiliates, including, but not limited to, instances where you have sued or threatened to sue Heficed.
3.1. Email Messages;
3.2. Newsgroup postings;
3.3. Windows system messages;
3.4. Pop-up messages (aka “adware” or “spyware” messages);
3.5. Instant messages (using AOL, MSN, Yahoo or other instant messenger programs);
3.6. Online chat room advertisements;
3.7. Guestbook or Website Forum postings;
3.8. Facsimile Solicitations;
3.9. Text/SMS Messages.
You agree to protect, defend, indemnify and hold harmless Heficed and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Heficed directly or indirectly arising from:
GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS
25.1. tasks Heficed may perform outside the normal scope of its Services,
25.2. additional time and/or costs Heficed may incur in providing its Services, and/or;
25.3. your noncompliance with this Agreement (as determined by Heficed in its sole and absolute discretion).
25.1. customer service issues that require additional personal time or attention;
25.2. UDRP (Uniform Domain-Name Dispute-Resolution Policy) actions(s) in connection with your domain name(s) and/or disputes that require accounting or legal services, whether performed by Heficed staff or by outside firms retained by Heficed;
25.3. recouping any and all costs and fees, including the cost of Services, incurred by Heficed as the results of chargebacks or other payment disputes brought by you, your bank or Payment Method processor.
59.1. via the same Payment Method that was used by the User at the time of the original purchase (if Payment Method used by User is still available);
59.2. to an in-store credit balance.
PAY BY PAYPAL
INTERNATIONAL PAYMENT OPTIONS
IN-STORE CREDIT BALANCES
CHARGEBACKS, REVERSALS AND RETRIEVALS
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Except for disputes governed by the explicitly mandatory state laws, this Agreement shall be governed by and construed in accordance with the laws of the England and Wales.
If you have any questions about this Agreement, please contact us by email or regular mail at the following address:
United Kingdom, London
Digital Energy Technologies Limited
Registration №: 06848949
VAT №: GB989590342
Registered In England & Wales
207 Regent Street
London W1B 3HH
3.3. Serving/sharing files using torrent protocol;
3.5. Crypto currency mining;
3.6. Malicious usage to disturb the work of the server;
3.7. Abusive actions against other servers or users;
3.8. DDos flooding or any other kind of flooding.
6.1. Not to email to the people, who have not expressed any request in any way to receive emails;
6.2. Not to provide and not to propose the Service under the application of which 3rd parties could spread spam;
6.3. To implement and support appropriate technical means that secure that any 3rd parties do not spread spam;
6.4. Apply opt-in principle for any information sent via electronic means, and suggest effective means to refuse received spam;
6.5. Not to collect, store, publish and spread data (e.g. email addresses) under the aid of which the spam can be sent;
6.6. Not to create open or easily exploitable mailing relays.
11.1. Gambling websites;
11.2. Websites promoting illegal activities;
11.3. Child pornography;
11.4. Racist content;
11.5. Incitement of strife, hatred or violence;
11.6. Other abusive websites.
Provisions specific for Cloud Servers
Specific Support Services provisions
6.1. BASIC – support response time up to 12 hours, no system backups available. BASIC level is available to every User of Infrastructure Service (if such Infrastructure Support service is available for the particular Infrastructure Service).
6.2. Higher level Infrastructure Support service for an additional fee;
6.2.1. 4H SLA – support response time up to 4 hours, one weekly system snapshot included (scheduled on Sundays, managed by Heficed support);
6.2.2. 2H SLA – support response time up to 2 hours, two weekly system snapshots included (scheduled on Sundays and Wednesdays, managed by Heficed support);
6.2.3. 1H SLA – support response time up to 1 hours, three weekly system snapshots included (scheduled on Sundays, Tuesdays and Thursdays, managed by Heficed support)
1.1. Service downtime for additional 1 hour equals to additional 1 day to Service due date.
1.2. Service downtime for additional 4 hours equals to 1 week Service due date (8 hours = 2 weeks etc).
1.3. Compensations are provided up to additional maximum of 1 month period to Service due date.
1.4. The uptime guarantee does not apply to 3rd party products (domains, cpanel, ssl and etc).
1.5. Compensations are calculated on the User’s Service lifetime. Compensations can only be issued for Services which are active for at least for 3 month or more in such periods: 3 month (total of 2 hours, 11 minutes downtime), 6 month (total of 4 hours, 22 minutes downtime), 9 month (total of 6 hours, 34 minutes downtime), 12 month (total of 8 hours, 45 minutes downtime).
1.6. Scheduled Service maintenance does not apply as a downtime.
Third Party Software means any software or application developed and owned by a third party provider that we may contract with from time to time.
Operating Software. The Services may be operated in both Linux® and Windows® environments. Each time you commission a server, we will provision the server with the operating system you choose.
12.1. creates a proxy service;
12.2. is carrying out actions related with copyrighted data without having copyrights to that material;
12.3. is using the server for unwanted e-mail (SPAM) or harmful software sending;
12.4. is using the server to generate bitcoins (is performing bitmining);
12.5. is serving/sharing files using torrent protocol;
12.6. is scamming/phishing or other harmful for other internet users activities;
12.7. is performing any kind of other illegal activities.
Consequences of Termination
2. Heficed Managed Services Appendixes;
3. Heficed Managed Services Agreement;
4. Heficed Infrastructure Services agreement;
5. Heficed Universal Terms of Service Agreement.
17.1. Heficed shall not replace or upgrade hardware of Instant Proto Compute;
17.2. Heficed shall replace whole Instant Proto Compute;
1. User – A person or an entity holding an account with HEFICED also classified as:
1.1. Active User – A person or an entity who has purchased one or more active services.
1.2. Inactive User – A person or an entity with an account, but without any services or the services are cancelled or terminated.
2. Support Services – basic service provided by HEFICED for successful execution of a HEFICED product, program or process.
B. DESCRIPTION OF SERVICES
1. HEFICED offers these Support Services:
1.1. Inactive User Support Services – limited support for sales, general guidance and assistance questions.
1.2. Active User Support Services – Support services for User who owns an active Service provided by the HEFICED.
1.3. Advanced Support Services – higher level Support services provided for User for more complicated issues and tasks.
C. PROVISIONS SPECIFIC TO SUPPORT SERVICES
1. Support Services is available to every User under limited service basis.
2. HEFICED reserves the right to deny any Support services request if it is considered not eligible for non-paid support.
3. The User may contact the HEFICED with a professional assistance request, in which case the HEFICED will respond based on the type of request and the User’s acquired Support Services level.
4. The HEFICED reserves the right to refuse Support Services request under such conditions as insufficient service level or another tenable reason. Accordingly, a different Support Services level may be offered by the HEFICED in order to carry out the request.
Provisions specific to Inactive User Support Service
5. Inactive User, has only the right to request support for sales, general guidance and assistance questions.
6. The HEFICED reserves the right to refuse Support Services to any requests which are intolerable or harmful in any way.
Provisions specific to Active User Support Services
7. Active User has the right to request Support Services to ensure proper working conditions of any Service from the HEFICED.
8. Support Services are included in any Service provided by the HEFICED, as defined in clause 2 of the Agreement.
9. Active User has a right to request an additional support that he might need for an additional fee.
10. The HEFICED has a right to provide guidance, direct support or request the User to order a higher Support services level. If the required Support Services level is not available or declined by the User, the HEFICED reserves the right to refuse any additional support.
Provisions specific to Advanced Support Services
11. The User may acquire higher level Support services for an additional fee.
12. Advanced support services request must be sent and registered in the form of a ticket. The request must include a detailed explanation on what needs to be done. The HEFICED will evaluate the request and suggest a certain type of Support services, regarding the nature and complexity of the task. While evaluating, the HEFICED will make reasonable efforts to suggest the most appropriate and least expensive method of billing.
13. The User is free to accept the offer and send a prepayment or withdraw the request at once. The User will only be billed after both parties reach an agreement.
14. Advanced Support Services are based on-agreement basis following 4 steps described below:
14.1. Full customer inquiry, with detailed explanation on what needs to be done;
14.2. HEFICED‘s offer with scheduling and invoicing;
14.3. The User’s acceptance and payment;
14.4. Task execution.
15. After the task is completed and the response is submitted in a form of a report, the inquiry is considered as fully fulfilled. The User has the right to request additional information on the configuration done.
The HEFICED reserves the right to refuse any additional requests after the main task is complete if additional requests are considered not related to the issue.
D. SERVER PERMISSION POLICY
1. Per User‘s request, HEFICED shall provide to User certain Support Services, which requires HEFICED accessing User‘s Server. A further description of the ordered Services shall be included in the corresponding order.
2. User hereby grants permission to HEFICED to enter his server via remote access. Furthermore, User acknowledges, that HEFICED may possibly have to reboot User‘s Server after the repairs or to shut down services while working on these. HEFICED will follow all commercially reasonable security policies for accessing the Server.
3. User must deliver to HEFICED all necessary information to allow HEFICED to perform the Services, and must respond to any communications from HEFICED regarding the Services. USER MUST BE SOLELY RESPONSIBLE FOR THE INTEGRITY, ACCURACY, COMPLETENESS, AND RETENTION OF ANY INFORMATION PROVIDED BY USER TO HEFICED. WITHOUT LIMITATION OF THE FOREGOING, USER ACKNOWLEDGES THAT HE HAS CREATED A BACK UP COPY OF ALL DATA THAT MAY BE AFFECTED BY HEFICED PERFORMANCE OF THE SERVICES. HEFICED SHALL NOT BE HELD RESPONSIBLE FOR CREATING BACK UP COPIES OF DATA AND INFORMATION PROVIDED BY USER TO HEFICED.
4. User acknowledges that he is responsible for changing the password and (or) removing SSH keys which were provided to HEFICED to provide certain Support Services.
5. HEFICED shall perform the Services as requested by User‘s or User‘s representative. The term of such Services and the related access to User’s Server shall continue until HEFICED completes the Services or until either Party terminates the request for the performance of the Services. Before the Services’ start, User shall pay the fees and reimburse to HEFICED all expenses pre-approved by User as set forth in the corresponding order or agreement . All unpaid fees and expenses that have accrued through the date of termination are subject to additional late fees and penalties.
6. Under this Agreement, User only permits HEFICED to access User’s Server to provide services to User. HEFICED does not sell or license goods, except as expressly provided herein. HEFICED warrants that it will perform the access in a workmanlike manner. If certain security policies have been agreed upon in writing before the Services start, HEFICED warrants, that such policies will be followed to the maximum extent possible. THE WARRANTY EXPRESSED IN THIS SECTION IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY HEFICED. EXCEPT FOR THIS LIMITED WARRANTY, HEFICED MAKES NO OTHER WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, RELATING TO THE SERVICES TO BE RENDERED BY HEFICED UNDER THIS AGREEMENT, AND HEFICED EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE THAT MAY ARISE IN CONNECTION WITH SUCH SERVICES.
7. The Parties acknowledge that during the performance of the Services, each Party will have access to certain portion of the other Party’s confidential information or confidential information of third parties that the disclosing Party is required to maintain as confidential. Both Parties agree that all items of Confidential Information are proprietary to the disclosing Party or such third party, as applicable, and shall remain the sole property of the disclosing Party or such third party.
8. We may, in our sole and absolute discretion, change or modify this Support services policy, and any limits or restrictions on the Support services, at any time, and such changes or modifications shall be effective immediately upon posting to site.
9. Your use of the Support services after such changes or modifications shall constitute your acceptance of this Support services policy and any limitations to the Support services as last revised. If you do not agree to be bound by this Service policy and any Support services limitations as last revised, do not continue to use the Support services.
10. We may occasionally notify you of changes or modifications to this Support services policy by email. It is therefore mandatory that you keep your Account information current and up to date. We assume no liability or responsibility for your failure to receive an email notification should such failure result from an inaccurate email address.
1. Support Services may be canceled by either party – the HEFICED or the User.
2. The HEFICED has a right to cancel the services if the User violates Terms of the Agreement or provisions of the Universal Terms of Service Agreement. The HEFICED reserves the right to cancel the service without prior notice.
3. The User has the right to cancel Support services anytime by submitting the cancellation request through his Account. All Service charges accured up until the cancellation date must be paid in full.
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 Support services immediately, with or without any prior notification.
5. If the User acts deliberately and intentionally to cause damage to any property in any shape or form, a refund is not applicable.
6. The Support services are terminated immediately if the User:
6.1. creates a proxy service;
6.2. is carrying out actions related with copyrighted data without having copyrights to that material;
6.3. is using the server for unwanted e-mail (SPAM) or harmful software sending;
6.4. is using the server to generate cryptocurrency (is performing bitmining);
6.5. is serving/sharing files using torrent protocol;
6.6. is scamming/phishing or is otherwise harmful to other internet users activities;
6.7. is performing any kind of other illegal activities.
Consequences of Termination
7. Upon termination of the Services, all free products provided as part of the Support services will be cancelled or revoked.
G. MUTUALLY DEPENDENT COVENANTS
Each covenant and agreement in the C section of this Support services policy shall be construed for all purposes to be a mutually dependent covenant or agreement to this Support services policy.
H. DEFINITIONS; CONFLICTS
Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Universal Terms of Service Agreement. In the event there is a conflict between the provisions of this Suport services policy and the provisions of the Universal Terms of Service Agreement, the provisions of this Support services policy shall control.