This ISPIRIA Infrastructure Services Agreement (this "Agreement") is entered into by and between ISPIRIA NETWORKS LIMITED with company number 17310, whose registered office address 7 Bell Yard, London, WC2A 2JR, United Kingdom, a Belize limited liability company ("ISPIRIA") and you. It is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of ISPIRIA's Infrastructure services (the "Services") and incorporates the terms and conditions outlined in the appendixes entitled below.
The ISPIRIA 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.
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.
The terms "we", "us" or "our" shall refer to ISPIRIA. 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.
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.
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.
We may occasionally notify you of changes or modifications to this Agreement by email. It is, therefore, essential 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
ISPIRIA offers varying plans of Infrastructure Services selectable by User through the Account by the issuance of Order the terms and conditions specified in Appendixes.
C. YOUR OBLIGATIONS AND OUR RESPONSE TO NON-COMPLIANCE
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.
The Services may be used for lawful purposes only.
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:
3.3. Serving/sharing files using torrent protocol;
3.5. Cryptocurrency 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.
The ISPIRIA 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.
If the User chooses to continue using the Services for prohibited uses, the ISPIRIA will act under "User's non-compliance" terms and may suspend or terminate the Service with or without prior notice.
The ISPIRIA 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.
If the User does not follow the obligations listed above, the ISPIRIA 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.
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.
The User must provide logs that 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.
If the User accused of spam refuses to cooperate and provide the required information, the ISPIRIA considers the User being guilty of the Spam Policy violation. Unacceptable Material
ISPIRIA 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.
The ISPIRIA 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.
If the User chooses to store unacceptable material, the ISPIRIA 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
Specific Support Services provisions
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).
We provide you with these Infrastructure Support Services levels:
6.1. BASIC – support response time up to 12 hours, no system backups available. The 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 ISPIRIA 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 ISPIRIA support);
6.2.3. 1H SLA – support response time up to 1 hour, three weekly system snapshots included (scheduled on Sundays, Tuesdays, and Thursdays, managed by ISPIRIA support)
Pay Your attention to the fact that Order may include specific provisions that override these Specific Support Services provisions.
F. SERVICE UPTIME GUARANTEE
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 an additional 1 hour equals to additional 1 day to Service due date.
1.2. Service downtime for an additional 4 hours equals 1 week Service due date (8 hours = 2 weeks etc).
1.3. Compensations are provided up to an 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 months or more in such periods: 3 months (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 months (total of 8 hours, 45 minutes downtime). IP addresses assigned to the Client are not the object of a "downtime"; therefore, compensation for them won't be applied.
1.6. Scheduled Service maintenance shall not be considered as a "downtime", so long as Client is given reasonable advance notice of such maintenance, and such maintenance does not last longer than commercially reasonable.
Compensation will be applied only if all invoices are paid for the impacted Service.
To be eligible for compensation, the Client will have to notify the ISPIRIA support team via ticket within 14 days after the downtime occurred with the request for a Compensation.
Compensation will be applied in up to 14 days after customer reports and confirmation from the ISPIRIA support team.
G. THIRD PARTY SOFTWARE
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.
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.
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.
You may not use the Third-Party Software outside of the Services.
We may provide your personal information to third-party providers as required to provide the Third-Party Software
. 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.
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.
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.
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.
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
The ISPIRIA reserves the right to suspend and/or terminate any Service for the User who either deliberately and intentionally or unintentionally violates Agreement.
The ISPIRIA reserves the right not to contact the User prior to suspension. However, the ISPIRIA may contact the User prior to suspension in an attempt to stop and avoid further adverse actions carried out by the User or third parties through the User's resources.
The User must act immediately after receiving a notice from the ISPIRIA and take necessary actions. A time-frame may be specified by the ISPIRIA for the User to restore compliance with Terms of Universal Terms of Service Agreement or any other incorporated Agreement, Policy, Annex.
Failing to cooperate will result in suspension and/or termination of Services. The ISPIRIA will act based on General Rules of Conduct listed in our Universal Terms of Service Agreement.
The ISPIRIA 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.
Users may renew the Services during the period of suspension by paying the overdue invoices. When the payment is 14 days overdue, Services are permanently terminated and the ISPIRIA no longer preserves any service data. The exception is applied for IP Address Market and Proto Compute where the services are terminated 7 days after the service due date. However, the User may renew the Services during this period for an additional fee of 25 days. After the suspension, the Services are terminated and the ISPIRIA no longer preserves any service data. The exception to this provision is applied for Instant Dedicated Servers in this case service data is kept for 3 days after suspension. Users may renew the Services during this period for an additional fee.
If the User violates General Rules of Conduct listed in our Universal Terms of Service Agreement, the ISPIRIA reserves the right to terminate the Services immediately as to avoid damage to other users and/or 3rd parties.
Services may be canceled by either party – the ISPIRIA or the User. However, ISPIRIA cannot cancel the Service on the User's behalf.
The ISPIRIA acting on the basis of General Rules of Conduct listed in our Universal Terms of Service Agreement or this Agreement has the right to cancel the Services if the User violates terms of Service. The ISPIRIA reserves the right to cancel the Service without prior notice.
The User has the right to cancel his service anytime by submitting the cancellation request through his Account.
In cases where the Service was used deliberately and intentionally to cause damage to any property in any shape or form, the ISPIRIA 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.
The Services are terminated immediately if the User:
12.1. creates a proxy service;
12.2. is carrying out actions related to 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
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 the 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.
Upon termination of the Services, all free products provided as part of the Services will be canceled or revoked.
Subject to all other applicable license terms and conditions, images available and licensed for use are intended for ISPIRIA 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 incorporated therein, and you acknowledge and agree that ISPIRIA 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
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.
Each covenant and Agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or Agreement.
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.