Dediserve Ltd., with Headquarters at 13 Baggot Street Upper, Dublin 2, Ireland, hereinafter “dediserve” agrees to provide services to the Subscriber, subject to the following Terms of Service
1. Term & Jurisdiction
The initial term of this agreement shall begin on the date that dediserve generates an email message to the Subscriber stating the service is now active and will continue for the number of calendar months specified in the order.
The Subscriber agrees explicitly that dediserve will activate the service in receipt of cleared payment and that service will commence without delay.
Upon expiration of the initial term, this agreement will renew automatically for successive renewal terms each the same as the initial term unless dediserve or the Subscriber provides the other with written notice of non-renewal at least thirty (30) days prior to the expiration of the initial term or then-current renewal term, as applicable.
The Terms of Service and the relationship between you and dediserve shall be governed by the laws of the Republic of Ireland and the European Union, without regard to its conﬂict of law provisions. You and dediserve agree to submit to the personal and exclusive jurisdiction of the courts located in Ireland.
2. Subscriber Duties
In order to use dediserve services, you are required to provide current and factual identification, contact and other information as part of the registration process. You are responsible for the confidentiality of your account information and solely responsible for all content and Data within your account.
3a. Acceptable Use of Network and System Resources
Deployed servers on Public Cloud, include a set amount of data transfer, based on a generous 1.5TB of outbound transfer per month, per GB RAM allocated to your server for most locations, and 1TB outbound transfer for Premium Locations (see note 13). Maximum / Peak usage is 5Mbps per GB RAM allocated to your server for most locations and 2Mbps per GB RAM for Premium Locations. For the purposes of Example, a server with 10GB RAM allocated, is permitted a maximum of 50Mbps transit or 15TB transfer, whichever limit is reached first, or in Premium Locations,the same server is permitted 20Mbps or 10TB on the same basis.
Hybrid and Baremetal Servers are also provided with an inclusive generous set amount of data transfer, which is 50Mbps at 95th percentile metering for most locations, and 25Mbps at 95th percentile metering for Premium locations (see note 13).
Subscribers significantly or repeatedly exceeding these guidelines will have their connections to the Public Internet throttled to the guideline limit without notice, may be subject to overages if usage is quite significant and will have the option to upgrade or purchase dedicated transit at the sole discretion of dediserve.
3b. Spam and UCEb. Spam and UCE
Dediserve has a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that Subscribers to Dediserve may not use or permit others to use our network to transact in spam messages. Subscribers to Dediserve may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Violation of Dediserve’s SPAM policy will result in severe penalties - Upon notification of an alleged violation of our SPAM policy, Dediserve will initiate an immediate investigation (within 12-24 hours of notification). During the investigation, Dediserve may restrict Subscriber access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Dediserve may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, Dediserve reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Dediserve will notify law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy may result in an Administrative Fee of €100 at the discretion of management and your account will be reviewed for possible immediate termination. A second violation will result in an Administrative Fee of €399 and immediate termination of your account. Subscribers who violate this policy agree that these fees will be paid on request. Please see Failure to Pay and Payments and Fees information.
Dediserve reserve the right to charge up to a total of €1500 For spam related violations due to costs which may be enforced on us by data carriers or data center administration fines.
As our resellers are ultimately responsible for the actions of their clients over the Dediserve network, it is advisable that resellers develop a similar, or stricter, policy for their clients. Our Subscriber are solely responsible for the use of their hosting account at all times.
3c. Prohibited Contentc. Prohibited Content
- Threatening, abusive, harassing, defamatory statements.
- Promotion of illegal activities (info on hacking, cracking etc).
- Information, instructions, links, etc containing malicious code.
- Hate speech or hate propaganda.
- Scripts or systems that cause server performance issues.
- Misrepresentation of member’s identity, or impersonation.
- Collection of personal information for illegal purposes.
- Collection of personal information without users permission.
- Content that is deemed by Dediserve, in its sole discretion, to be harmful to Dediserve.
- Solicitation or sale of any harmful/illegal products or service
Dediserve does not tolerate abusive, threatening or inappropriate behavior towards its staff or agents. Your account can be suspended or terminated without warning for any such behavior
Subscriber agrees to indemnify and hold harmless dediserve, dediserve’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable legal fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Subscribers services in violation of applicable law or the AUP by Subscriber or any person using Subscriber’s log on information, regardless of whether such person has been authorized to use the services by Subscriber.
5. Disclaimer of Warranties
DEDISERVE DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW DEDISERVE DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, fiTNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN ‘AS IS’ BASIS.
6. Limitation of Damages
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROfiTS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF DEDISERVE AND ANY OF ITS EMPLOYEES, AGENTS OR AFfiLIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.
7. Law Enforcement Information
The dediserve terms specifically prohibits the use of our service for illegal activities. Therefore, Subscribers agree that the company may disclose any and all the account holders information including assigned IP numbers, account history, account use, etc. to any member of An Garda Siochana (Police of Ireland) who makes a written request, without further consent or notification to the Subscriber. In addition dediserve shall have the right to terminate all service set forth in this Agreement.
8. Uptime Guarantee
Dediserve provides a 100% Uptime Guarantee on all dediserve Hardware and on Network Connectivity. In any given month, if your server is ofﬂine due to a dediserve unscheduled hardware failure, or an unscheduled failure of the dediserve network for more than 0.01% of the time (4 minutes), you may request a pro-rata credit for the down time. Specific exclusions exist where the dediserve network is working normally, but upstream issues, such as a Datacentre or Carrier failure or DDOS is impacting customer routes to the cloud.
9. Support & Services
Dediserve provides comprehensive 24/7/365 technical support to all subscribers via Live Chat (for basic issues) and our Ticketing System (available via Email and GUI). Some general guidelines and terms are:
- Dediserve supports fully any issue related to the dediserve virtual server physically functioning
- Dediserve does not offer technical support for application specific issues, such as configuration, programming, web or mail server configuration or any such issue
- Dediserve does not provide technical support to your customers or users
- The use of all dediserve services is at your own risk
- Dediserve Snapshots and backups are not guaranteed in any way
- You agree to take full responsibility for all files and data in your account
- You agree to maintain an appropriate backup of files and data stored on the dediserve clouds
10. Invoicing and Payment
- You agree that dediserve shall be permitted to charge your credit card on a monthly, annual or other agreed upon basis in advance of providing services.
- Payment is due on invoicing.
- Any payments not made within 15 days of due date will have the associated service suspended without further notice.
- Any suspended service will be terminated and destroyed after 15 days suspended without further notice.
- Subscribers are aware that dediserve may prospectively change the specified rates and charges from time to time.
- Subscriber is responsible for any additional Bank fees, interest charges, finance charges, overdraft charges or any other fees resulting from charges billed by dediserve.
- Dediserve provides the option to pay natively in EURO, GBP and USD to help Subscribers avoid currency ﬂuctuations and conversion exchange costs. Please open a ticket with Billing should you wish to change currency.
- Up and Downgrading service within your billing cycle will result in Pro-Rata charges and credits on your account. Pro-rata credits are only possible where the Subscriber retains at least one service and are not refundable in the event of service or account cancellation.
- Once service has commenced, the subscriber agrees that the minimum term of service applies and no refunds will be provided.
- All Microsoft OS servers deployed on our clouds must conform with the Microsoft Service Provider License Agreement. As such, any Windows server you deploy will automatically be licensed and added to your account within 48 hours of deployment.
11. Suspension and Cancellation
- Dediserve reserve the right to suspend network access to any Subscriber if, in the sole judgement of dediserve, the Subscribers server is the source or target of a violation of any of the other terms of service or for any other reason which dediserve chooses. dediserve will use all reasonable care in notifying the Subscriber and in resolving the issue in a method ensuring the minimum service interference.
- Continued and repeated violations of the terms of service will result in termination without refund. Prior notification is not assured.
- Subscribers may cancel service at any time using the ‘Cancel’ links in your GUI or by email to Accounts@dediserve.com from an authorised contact. Accounts are cancelled upon confirmation with you by Ticket. Cancellation of a service does not relieve Subscriber of responsibility for the payment of all accrued charges. Accounts can not be confirmed Cancelled until all due invoices have been settled. Non confirmation of the cancelation may result in charges continuing to be levied.
You agree that dediserve may provide you with notices, including those relating to changes to the Terms of Service by email and /or postings on dediserve systems and services.
You agree that dediserve may, from time to time and at it's sole discretion, need to impact single Virtual Machine uptime due to essential maintenance, and where possible, we aim to provide 5 days notice of any impact of more than 1 hour.
13. Premium Locations
As specified in the Acceptable Use clause 3a., are the cloud platforms located in Jakarta, Indonesia; Sydney, Australia; Singapore and Hong Kong, China.
2. Types of Information Collected
We retain two types of information:a. Personal Data
This is data that identifies you or can be used to identify or contact you and may include your name, address, email address, telephone number and billing information.
b. Non-Personal Data
Like most websites, we gather statistical and other analytical information collected on an aggregate basis of all visitors to our website. This Non-Personal Data comprises information that cannot be used to identify or contact you, such as demographic information, browser types and other anonymous statistical data involving the use of our website.
3. Purposes for which we hold your Information
We use the Non-Personal Data gathered from visitors to our website in an aggregate form to get a better understanding of where our visitors come from and to help us better design and organise our website.
We will process any Personal Data you provide to us for the following purposes:
- to provide you with the goods or services you have ordered
- to contact you if required in connection with your order or to respond to any communications you might send to us
- to keep you informed of updates to our services
4. Disclosure of Information to Third Parties
We may provide Non-Personal Data to third parties, where such information is combined with similar information of other users of our website. For example, we might inform third parties regarding the number of unique users who visit our website, the demographic breakdown of our community users of our website, or the activities that visitors to our website engage in while on our website. The third parties to whom we may provide this information may include commercial partners, sponsors, licensees, researchers and other similar parties.
We will not disclose your Personal Data to third parties unless you have consented to this disclosure or unless the third party is required to fulfil your order (in such circumstances, the third party is bound by similar data protection requirements). We will disclose your Personal Data if we believe in good faith that we are required to disclose it in order to comply with any applicable law, a summons, a search warrant, a court or regulatory order, or other statutory requirement.
5. Sale of Business
Your Personal Data is held on secure servers hosted by dediserve. The nature of the Internet is such that we cannot completely guarantee or warrant the security of any information you transmit to us via the Internet. No data transmission over the Internet can be guaranteed to be fully 100% secure. However, we will take all reasonable steps (including appropriate technical and organisational measures) to protect your Personal Data at all times.
7. Updating, Verifying and Deleting Personal Data
You may inform us of any changes in your Personal Data, and in accordance with our obligations under the Irish Data Protection Acts 1988 and 2002 we will update or delete your Personal Data accordingly. To find out what Personal Data we hold on you or to have your Personal Data updated, amended or removed from our database, please email us at email@example.com. Any such data subject requests may be subject to the prescribed fee.