Terms & Conditions

Date Modified: 23th September 2024.

1. ACCEPTANCE OF TERMS

   1. By accessing or using the Site or any services provided by Moula World LLC (“we,” “us,” or “our”), including but not limited to browsing the Site, i.e. Servers.guru, downloading materials, or using any of our services, all the users and customers (“customer”, “you”, “your”) agree to be bound by these Terms of Service (“ToS”, “Terms”), concerning your access to and use of the Servers.guru website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto.

   2. We specialize in offering server solutions, with our services extending across North America and Europe. These Terms constitute a legally binding agreement between you and us. By accessing or using the Site or our services, you represent and warrant that you have the legal authority to enter into these Terms and to be bound by all of its provisions. If you are accessing or using the Site or our services on behalf of an entity, you represent and warrant that you have the authority to bind such entity to these Terms. If you do not agree to these Terms, you must refrain from accessing or using the Site or any services provided by us.

   3. We reserve the right to modify these Terms at any time without prior notice. Any changes to these Terms will be effective immediately upon posting on the Site. You agree to review these Terms periodically to be aware of any such modifications. Your continued access to or use of the Site or our services after any changes to these Terms constitutes your acceptance of the revised Terms.

   4. If you do not agree to any provision of these Terms or any modifications thereof, your sole remedy is to discontinue your use of the Site and our services. Continued use of the Site or our services after any such modifications shall constitute your acceptance of the modified Terms.

   5. You acknowledge and agree that we may terminate or suspend your access to the Site or our services, in whole or in part, at any time and for any reason, with or without notice, and without liability to you or any third party. Upon termination or suspension of your access to the Site or our services, you agree to cease all use of the Site and our services.

   6. You acknowledge and agree that these Terms are in addition to any other agreements between you and us, including but not limited to any separate agreements governing your use of specific services provided by us. In the event of any conflict between these Terms and any other agreements between you and us, the terms of these Terms shall prevail.

   7. Any complaints about a customer’s violation of the TOS should be sent to [email protected]. The TOS supersedes any other agreement with us, whether written, oral, by conduct, or otherwise. If you have any questions about these Terms, please contact us at the following address: [email protected]
      

2. SCOPE OF APPLICATION

   1. These Terms apply to all Servers.guru customers: Servers.guru Services. Servers.guru services include, but are not limited to:

      1. Any act of preparing, setting up, connecting, maintaining, terminating, or reconnecting your accounts (including all billing data and the space on the particular web server that Servers.guru provides to customers);

      2. Any use by you, or any access provided to customers by Servers.guru, of computing, telecommunications, software, information, hardware, and equipment;

      3. Any act, or provision of any service, by Servers.guru to customers, related to web hosting and domain name registrations (including server usage and technical support), regardless of duration and whether paid for or not;

      4. Any provision by Servers.guru to customers, of any space, Internet connectivity, or electrical power;

      5. Any access or use related to the Servers.guru website, including the website itself;

      6. Any other service mentioned in the TOS;

      7. Any other service provided by Servers.guru to you, whether used or not;

      8. Any other Servers.guru services that are used by you, whether offered or provided by Servers.guru to you.

3. OWNERSHIP

   1. The legal ownership of your websites and accounts managed through the Servers.guru platform, operated by us, shall be vested in the individual or organization whose email is listed in the Servers.guru database as the owner. We retain operational control and oversight of the Servers.guru platform, including but not limited to the management of servers, infrastructure, and technical support services provided therein. We shall exercise its control and oversight responsibilities in accordance with the terms of service agreed upon with you and applicable laws and regulations governing the operation of online platforms. Ownership rights of your websites and accounts are subject to the terms and conditions set forth in the agreement between you and us.

4. USAGE OF SERVERS.GURU, ETC.

   1. Minimum Age Requirements

      1. Our customers, including servers.guru customers, must be at least 18 years of age. Any individual under the age of 18 years (“Minor”) must have a parent or guardian accept the TOS in order for the Minor to become a Servers.Guru customer. A parent or guardian who accepts the TOS on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOS, including the timely and full payment of the charges for Servers.guru services, and such primary liability will continue even when the Minor has attained the age of 18 unless the parent or guardian obtains Servers.guru’s express written consent to the contrary. Any acceptance of the TOS or any other agreement for Servers.guru’s services will be deemed null and void to the extent that Servers.guru will not be liable in any way as a result of the Minor’s age or legal incapacity or the Minor’s use of Servers.guru’s services.

   2. Illegal Use

      1. Servers.guru servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable US or German laws, or that may directly facilitate the violation of any particular law or regulation, is prohibited. This includes, but is not limited to, material that is pornographic, obscene, defamatory, contains extremist content, promotes gambling, offends common decency, promotes hatred or violence, constitutes an illegal threat, or violates export control laws, material that could seriously endanger the morals of children or young people or violate the rights of third parties (copyrights, name rights, trademark rights, and data protection rights). Additionally, in purchasing Servers.guru services, all Servers.guru customers certify that they and/or the organization they represent in procuring services from Servers.guru are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a ‘suspected terrorist’ as defined in Executive Order 13224; are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.

   3. Spamming

      1. Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”) is prohibited, regardless of whether it overloads a server or disrupts service to Servers.guru’s customers. The term “spamming” also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP, and referencing in the spam a website hosted on a Servers.guru server, and selling or distributing software (on a website residing on a Servers.guru server) that facilitates spamming. Violators will be assessed a minimum fine of US$500 and will face immediate suspension. Servers.guru reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

   4. System and Network Abuse

      1. Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation, the following: unauthorized access to or use of data, systems, or networks, including any attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, and broadcast attacks; forging of any TCP/IP packet header or any part of the header information in an email or a newsgroup posting.

   5. Viruses and Other Destructive Activities

      1. Use of Servers.guru’s services or equipment for creating or sending Internet viruses, worms, or Trojan horses, or for pinging, flooding, or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use Servers.guru’s services and equipment (or any connected network, system, service, or equipment) or conduct their business over the Internet.

   6. Copyright Violations

      1. The Digital Millennium Copyright Act (“DMCA”) sets forth the law regarding the use of copyrighted materials on the Internet. All Servers.guru customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a Servers.guru customer (per the DMCA) to Servers.guru must follow the below procedures incorporated under Section 4.6.2 of this Agreement;

      2. The notification must be in writing and include the following information:

         1. Identification of the copyrighted work claimed to have been infringed;

         2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled;

         3. Sufficient information to permit Servers.guru to locate the material;

         4. Contact information of the notifying party, including name, address, telephone number, and email address;

         5. A statement that the notifying party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

         6. A statement that the information in the notification is accurate, and under penalty of perjury, that the notifying party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

      3. The notification should be delivered to Servers.guru designated agent for copyright infringement notifications: [email protected]
         

1. 1. 4. Copyright infringement notifications submitted to Servers.guru according to these procedures will be processed within 21 days of receipt. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at Servers.guru’s sole discretion.

   2. Child Pornography

      1. The use of Servers.guru’s services to store, post, display, transmit, advertise, or otherwise make available child pornography is prohibited. Servers.guru is required by law to notify law enforcement agencies and fully cooperate with them when it becomes aware of the presence of child pornography on, or being transmitted through, its services.

   3. Other prohibited activities:

      1. The operation of applications for mining crypto-currencies is prohibited in the following datacenters: Nuremberg – Germany, Falkenstein – Germany, Helsinki – Finland, Ashburn, VA – USA, Hillsboro, OR – USA, as well as on all our webhosting offers.

         These prohibited activities include, but are not limited to, mining, farming, plotting in particular, but also the operation of nodes, storage of blockchain data and trading in cryptocurrency.

      2. We strictly prohibit the hosting of any platform involved in the sale, promotion, or distribution of drugs or medicines of any kind. This includes but is not limited to illegal substances, prescription medications, over-the-counter drugs, and cannabis, regardless of its legality in certain jurisdictions. Platforms that facilitate or enable such transactions, whether directly or indirectly, are not allowed on our services.

5. SERVERS.GURU’S BILLING POLICY

   The following ToS constitute Servers.guru’s Billing Policy and apply to ALL Servers.guru customers:

1. 1. Payments

      1. All charges are shown in Euros. Payments are to be made in Euros. Servers.guru accepts credit cards, PayPal, and cryptocurrencies. Accounts that are past due will be automatically suspended. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney’s fees, court costs, and collection agency fees. Billing Cycles (Terms): Servers.guru offers several Billing Cycles (terms) for hosting charges: Monthly, or any number of months up to one year.

   2. Account Renewals

      1. To maintain uninterrupted service provision, invoices for renewal are issued to all plans seven (7) days before the end of the plan’s Billing Cycle. Renewal charges will align with the prevailing rates on the date of renewal according to the service selected. Automatic renewal is applied if the wallet balance is adequate to cover the renewal cost, with plans being renewed for the same billing cycle. For procedures on cancelling a plan before its renewal, please see the section on Cancellation below.

   3. Delayed Renewals

      1. It is imperative to renew the service prior to the expiration date to continue utilization in the subsequent billing cycle. In the absence of renewal, services will be automatically terminated following the due date by the platform. This action is irreversible, and backups of terminated services are not retained to uphold privacy.

   4. Statements

      1. Servers.guru does not mail paper invoices or statements. Customers will receive their account billing statement via email.

   5. Cancellations

      1. To cancel a service, customers are required to navigate to the customer panel, within the server management section at https://my.servers.guru/servers, and proceed to manually cancel any server not intended for renewal. Should there be an oversight in cancelling a service renewal, it is advised to promptly communicate with [email protected]. Servers.guru retains the discretion to reverse a renewal based on the elapsed time since the renewal occurred.

      2. Please note that Servers.guru enforces a no refund policy for issues not arising from its direct involvement or negligence. Cancellation of an account effective for a future date cannot be facilitated by Servers.guru. Confirmation of a cancellation request will be issued once the process is complete. In the absence of receiving such confirmation, it is imperative to contact Servers.guru without delay.

      3. Servers.guru does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to Servers.guru’s services.

      4. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. Servers.guru reserves the right to cancel any account, at any time, without notice, for any reason Servers.guru considers appropriate.

   6. Refund Policy

      1. Servers.Guru has a no-refund policy for issues not resulting from its direct involvement or negligence.

   7. Billing/Price Changes

      1. Policies and pricing at Servers.guru are subject to modification at any time and without prior notification. Any alterations to pricing will take effect in the forthcoming billing cycle.

   8. Affiliate Program

      1. Purpose of the Program

         The purpose of the Servers.Guru Affiliate Program is to incentivize Affiliates to promote our services and increase brand recognition through authorized channels. Any misuse of the Program that detracts from this objective or damages the reputation of Servers.Guru or its Affiliates shall be deemed a violation of these Terms.

      2. Responsibilities of Affiliates

         As a participant in the Servers.Guru Affiliate Program, you agree to the following obligations:

         • Maintain a single affiliate account unless otherwise authorized by management.
         • Assume full responsibility for the management and content of your website.
         • Ensure that all content on your website is lawful, non-defamatory, and adheres to the additional stipulations set forth in these Terms.
         • Acknowledge that Servers.Guru is not liable for the content of your website, including any promotional materials related to our services.
         • Accurately represent Servers.Guru’s offerings, avoiding any misleading or generic statements.
         • Provide detailed information regarding all channels utilized to promote Servers.Guru upon request.
         • Abstain from using affiliate materials in unsolicited communications or through illegal channels.
         • Refrain from engaging in, or deriving profit from, any fraudulent traffic activities.
         • Refrain from using your own affiliate link to process your own orders.
      3. Definition of a Valid Customer
         

         A “Valid Customer” is defined as:

         • An individual who has successfully completed the sign-up process.
         • A customer who is not flagged for fraud or considered to be at high risk of fraud.
         • An individual who has independently chosen to utilize the services of Servers.Guru.
         • A customer who has employed a legitimate payment method for their account.
         • An individual who has accepted all Terms of Service without breaching our policies.
         • A customer whose service has remained active beyond the initial 30-day maturation period.
         • A customer who meets any additional criteria specified within these Terms.
      4. Advertising Standards

         Affiliates are required to comply with the following advertising standards:

         • Do not utilize Servers.Guru’s intellectual property without explicit prior permission.
         • Promotional materials referencing Servers.Guru must not imply or promote vouchers, coupons, cash-back offers, discount codes, or any similar financial incentives within their metadata, title, or URL. Terms such as “discount,” “coupon,” “offer,” “promo,” and similar expressions may be subject to rejection at our discretion. Pages primarily aimed at exploiting such financial terms for traffic rather than providing genuine value will not be accepted.
         • The use of automatic activation mechanisms on coupon sites, where a ‘Show Code’ prompt triggers the affiliate link, is strictly prohibited. Affiliates must ensure that activations are a result of deliberate user actions.
         • Generating sales through deceptive practices, including but not limited to masking, cookie stuffing, cloaking, or the use of iframes to bypass genuine affiliate link interactions, is expressly forbidden.
      5. Tracking and Commissions

         Servers.Guru employs cookies for affiliate tracking via our order processing system located at servers.guru. Cookies are initiated when a visitor clicks on an affiliate link, leading them to the designated page through our affiliate program URL. In the event of technical difficulties or disruptions, we do not assume liability for any losses that may occur due to cookies not being set properly. Claims regarding commissions will be evaluated on an individual basis.
         The standard lifespan for these cookies is a minimum of 365 days, subject to change without prior notice. Servers.Guru is not responsible for lost commissions due to cookies being deleted by users or if users register through a different browser, computer, or in incognito mode.

         If a valid affiliate cookie is present, any subsequent cookies from clicks will supersede the previous ones, attributing sales to the most recently clicked link or banner.

      6. Commission Structure
         • Servers.Guru offers a 10% recurring commission on all products sold through the affiliate program.
         • Commissions will also be earned on service renewals as part of our recurring program structure.
         • Payouts will be processed via PayPal or as account credit within Servers.Guru.
         • Servers.Guru retains the right to withhold or deny commissions that do not adhere to these Terms.
      7. Legal Responsibilities and Ownership
         • Servers.Guru asserts ownership of the customer relationship from the initial point of contact.
         • Affiliates must respect the intellectual property rights of Servers.Guru and comply with all relevant legal obligations.
         • Affiliates are solely responsible for the content and legal compliance of their respective websites.
         • This Agreement does not establish a joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliates are not authorized to make offers or representations on behalf of Servers.Guru and must refrain from making statements that contradict these Terms.
      8. Duration and Termination of Agreement
         • This Agreement may be terminated by either party upon providing written notice via email to [email protected].
         • Upon termination, Affiliates must promptly remove all materials related to Servers.Guru.
         • Servers.Guru reserves the right to modify these Terms at its discretion, with any changes taking effect upon posting.
      9. Paid Search Policy

         Servers.Guru permits the use of paid advertising (excluding branded terms) to generate traffic to pages containing Servers.Guru affiliate links. Affiliates must adhere to the following guidelines when engaging in paid search campaigns on platforms such as Google, Bing, DuckDuckGo, Twitter/X, Facebook, Instagram, etc.

      10. Non-Competition with Search Results:

          Affiliates are prohibited from competing with or disrupting Servers.Guru’s direct advertising efforts. Engaging in Pay-per-Click, Pay-per-Impression, pop-ups, traffic exchanges, or similar methods utilizing our name or any variations of our trademarks is strictly forbidden.

      11. Restrictions on Use of Marks:

          The use of Servers.Guru’s trademarks or service marks, including variations, in pay-for-placement search engines and paid advertisements is not permitted.

      12. Bidding on Trademarks:

          Bidding on keywords or phrases that include Servers.Guru’s trademarks or any variations is strictly forbidden without prior written consent. This includes terms such as “Servers.Guru,” “servers.guru,” “Moula World,” etc.

      13. Direct Linking Restrictions:

          Direct linking to servers.guru or any of its subdomains from paid advertisements is prohibited. Additionally, using our domain or variations as display URLs in paid ads is not allowed.

      Compliance with these guidelines is crucial for participation in the Servers.Guru Affiliate Program. Violations may result in the forfeiture of commissions and potential removal from the program. By participating in the Program, you acknowledge and accept these Terms, understanding they may be amended at any time without notice. For any inquiries regarding the affiliate program, please contact [email protected] via email.

       

   9. Wallet and credit system

      1. Credits deposited into a customer’s wallet are exclusively designated for the renewal of open invoices issued by Servers.guru or for the procurement of new services from Servers.Guru. It is not possible to convert these credits back into cryptocurrencies or any other form of currency.

6. INTELLECTUAL PROPERTY

   1. You acknowledge and agree to comply with all terms and conditions of the specific license agreement for any product or service obtained through the Site. This includes, but is not limited to, adherence to all confidentiality obligations and restrictions on resale, use, reverse engineering, copying, making, modifying, improving, sublicensing, and transfer of the licensed products and services.

   2. You further agree not to cause, induce, or permit others’ noncompliance with the terms and conditions of any product and service license agreements obtained through the Site.

   3. You acknowledge and agree that we and our licensor(s) are and will remain the sole and exclusive owners of all intellectual property rights in and to each product and service made available on the Site, including any related specifications, instructions, documentation, or other materials. This includes, but is not limited to, all related copyrights, patents, trademarks, and other intellectual property rights, subject only to the limited license granted under the product’s or service’s license agreement.

   4. You expressly acknowledge and agree that you do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through the Site, or of any intellectual property rights relating to those products or services.

   5. Any use of the intellectual property rights owned by us or our licensors beyond the scope of the license granted under the product’s or service’s license agreement is strictly prohibited unless expressly authorized in writing by us or our licensors.

   6. You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to any unauthorized use or infringement of intellectual property rights owned by us or our licensors.

   7. If you become aware of any actual or threatened infringement of our intellectual property rights, you agree to promptly notify us in writing and provide us with all necessary assistance to address such infringement.

   8. If you have any questions about intellectual property rights or their use, please contact us at the following address: [email protected]

7. PRIVACY AND DATA PROTECTION

   1. Privacy Policy: Your privacy is important to us. Please refer to our Privacy Policy for information on how we collect, use, disclose, and protect your personal data. Our Privacy Policy outlines our practices regarding the collection, storage, processing, and sharing of personal information. By using our services, you acknowledge that you have read and agree to the terms of our Privacy Policy.

   2. Contact Us: If you have any questions or concerns about our privacy practices or our Privacy Policy, please contact us at [email protected].

8. NO THIRD-PARTY BENEFICIARIES

   1. These Terms are intended for the sole benefit of the parties hereto and their respective successors and permitted assigns and shall not confer any rights or remedies upon any person or entity other than the parties hereto and their respective successors and permitted assigns.

   2. No third party shall have any rights under these Terms, whether pursuant to the Contracts (Rights of Third Parties) Act or otherwise, except as expressly provided herein.

   3. The parties agree that no third party shall be entitled to enforce any provision of these Terms or to seek any remedy hereunder, whether by way of specific performance, injunction, or otherwise.

   4. Any purported assignment or delegation in violation of this section shall be null and void. Nothing in these Terms shall create any rights or remedies in favor of any third party or any obligation on the part of the parties hereto to any third party.

   5. The parties acknowledge and agree that they are not entering into these Terms for the benefit of any third party, and that no third party shall have any rights or claims against the parties hereto arising out of or relating to these Terms.

9. LINKS TO THIRD-PARTY WEBSITES

   1. Third-Party Websites: The services provided on our platform may contain links to websites operated by third parties (“Third-Party Websites”) that are not owned or controlled by us.

   2. No Responsibility: We assume no responsibility for the content, terms and conditions, privacy policies, or practices of any Third-Party Websites. Additionally, we do not censor or edit the content of any Third-Party Websites.

   3. Liability Release: By using our platform and services, you expressly release us from any and all liability arising from your use of any Third-Party Websites.

   4. Awareness Encouragement: We encourage you to be aware of when you are leaving our platform and to review the terms and conditions, privacy policies, and other governing documents of each Third-Party Website you may visit.

   5. No Endorsement: The inclusion of links to Third-Party Websites does not imply endorsement or recommendation of the content, products, services, or information provided on those websites.

10. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

    1. Use at Own Risk: You specifically acknowledge and agree that your use of our platform and services shall be at your own risk.

    2. Non-Servers.guru Product Disclaimer: Any mention of non-Servers.guru products by Servers.guru, its employees, or any third-party entity related to Servers.guru, whether expressed or implied, is solely for informational purposes. Such mention shall not be construed as an endorsement or recommendation by Servers.guru of the products or services provided by third-party vendors. Servers.guru explicitly disclaims any and all liabilities arising from or related to any representation or warranty made by the vendors of such non-Servers.guru products or services. Users are advised to exercise due diligence and discretion when considering the purchase or use of non-Servers.guru products or services.

    3. As Is, As Available, With All Faults: The platform and services are provided on an “as is”, “as available”, and “with all faults” basis. We, along with our 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.

    4. No Representations or Warranties: We, along with our officers, directors, employees, and agents, make no representations or warranties about:

       1. The accuracy, completeness, or content of the platform;

       2. The accuracy, completeness, or content of any websites linked to the platform; and/or

       3. Our services or any websites linked to the platform.

    5. No Legal or Financial Advice: You specifically acknowledge and agree that no oral or written information or advice provided by us, our officers, directors, employees, or agents (including without limitation our call center or customer service representatives), and third-party service providers will:

       1. Constitute legal or financial advice; or

       2. Create a warranty of any kind with respect to the platform or our services.

    6. Survival of Disclaimer: 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 the platform or our services.

11. LIMITATION OF LIABILITY

    1. Scope of Limitation: In no event shall we, our 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:

       1. The accuracy, completeness, or content of the platform;

       2. The accuracy, completeness, or content of any websites linked to the platform;

       3. Our services or any websites linked to the platform;

       4. Personal injury or property damage of any nature whatsoever;

       5. Third-party conduct of any nature whatsoever;

       6. 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;

       7. Any interruption or cessation of services to or from the platform or any websites linked to the platform;

       8. Any viruses, worms, bugs, Trojan horses, or the like, which may be transmitted to or from the platform or any websites linked to the platform;

       9. Any user content or content that is defamatory, harassing, abusive, harmful to minors or any protected class, is pornographic, “x-rated,” obscene, or otherwise objectionable; and/or

       10. Any loss or damage of any kind incurred as a result of your use of the platform or our services, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not we are advised of the possibility of such damages.

    2. Relationship: Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership, or joint venture between Servers.guru and its customers. Each of Servers.guru and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.

    3. Liability for Delay in Performance: Servers.guru will not be liable for delays in its performance of the TOS or Servers.guru services caused by circumstances beyond Servers.guru’s reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively “Force Majeure”). Servers.guru will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure, nor will any event of Force Majeure suspend any obligation of customers for the payment of money due. Waiver and Amendment: Any waiver, modification, or amendment of any provision of the TOS or other agreement for Servers.guru services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of Servers.guru.

    4. Aggregate Liability: You specifically acknowledge and agree that in no event shall our total aggregate liability exceed 100% of the monthly fee of the service we provide to you.

    5. Survival of Limitation: 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 the platform or our services.

12. INDEMNIFICATION

    1. Indemnification Obligations: You agree to protect, defend, indemnify, and hold harmless us and our 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 us directly or indirectly arising from:

       1. Your use of and access to the platform or our services;

       2. Your violation of any provision of these Terms or the policies or agreements incorporated herein; and/or

       3. Your violation of any third-party right, including without limitation any intellectual property or other proprietary right.

    2. Survival of Indemnification: The indemnification obligations under this section shall survive any termination or expiration of these Terms or your use of the platform or our services.

13. CUSTOMER RESPONSIBILITY

    1. Customers are required to use the Servers.guru network responsibly. This includes respecting the other customers of Servers.guru. Servers.guru reserves the right to suspend and/or cancel service with any customer who uses the Servers.guru network in such a way that adversely affects other Servers.guru customers.

    2. While Servers.guru may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, Servers.guru does not monitor its customers’ communications or activities to determine whether they are in compliance with the TOS. However, when Servers.guru becomes aware of any violation of the TOS or other user agreements, Servers.guru may take any action to stop or correct such violation, including, but not limited to, denying access to Servers.guru’s services and equipment or to the Internet. Servers.guru anticipates that customers who offer Internet services will cooperate with Servers.guru in any corrective or preventive action that Servers.guru deems necessary.

    3. Failure to cooperate with such corrective or preventive measures is a violation of Servers.guru policy, and Servers.guru reserves the right to take any such action even though such action may affect other customers of the Servers.guru customer.

14. ACTIONS TAKEN BY SERVERS.GURU

    1. The failure by a customer to meet or follow any of the TOS is grounds for account deactivation. Servers.guru will be the sole arbiter as to what constitutes a violation of the TOS. Servers.guru reserves the right to remove any account without prior notice and to refuse service to anyone at any time.

    2. In case, we, through our operation of the Servers.guru platform, become aware of an alleged violation of its TOS, an investigation will be initiated. During this process, we may restrict access to services provided via the Servers.guru platform to prevent further potentially unauthorized activity. Depending on the severity of the violation, Servers.guru may, at its sole discretion, restrict, suspend, or terminate a customer’s web hosting account or VPS and/or pursue other civil remedies.

    3. If such violation is a criminal offense, Servers.guru will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOS if it is illegal, irresponsible, or constitutes disruptive use of the Internet.

    4. Servers.guru does not issue credits for outages incurred through service disablement resulting from TOS violations. Servers.Guru does not issue refunds for banned customers due to TOS violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network and to respond to complaints incurred by Servers.guru.

15. TERMINATION FOR BANKRUPTCY

    1. If you become insolvent or any bankruptcy petition is filed by you or any third party against the customer, Servers.guru may immediately terminate the provision of Servers.guru’s services to you without prior notice or penalty. You consents to the grant of relief from any automatic stay of proceedings against Servers.guru in such event.

MISCELLANEOUS

16. ASSIGNMENT

    1. You shall not assign, transfer, or delegate any of your rights, interests, or obligations under these Terms, in whole or in part, without our prior express written consent. Any purported assignment, transfer, or delegation in violation of this provision shall be null and void.

    2. We may freely assign, transfer, or delegate any of our rights, interests, or obligations under these Terms without your consent. This includes, but is not limited to, assigning these Terms to any affiliate, successor entity, or third party in connection with a merger, acquisition, restructuring, or sale of assets.

    3. Any assignment, transfer, or delegation permitted under these Terms shall be binding upon and inure to the benefit of the parties hereto and their respective successors, heirs, and permitted assigns.

    4. Any assignment, transfer, or delegation must be executed in writing and signed by both parties (or their authorized representatives) to be valid and enforceable.

    5. Nothing in these Terms shall be construed to create any rights or benefits in any person or entity other than the parties hereto and their respective successors, heirs, and permitted assigns.

17. NO WAIVERS

    1. Any failure or delay by either party to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver by either party of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

    2. Any waiver of any provision of these Terms must be in writing and signed by the waiving party. A waiver of any term or condition of these Terms shall only be effective for the specific instance and purpose for which it was given and shall not be construed as a waiver of any subsequent breach or default.

    3. The parties agree that the exercise or non-exercise of any right or remedy under these Terms shall not preclude the exercise of any other right or remedy available under these Terms or at law or in equity.

    4. No course of dealing between the parties or course of performance under these Terms shall be deemed to modify, amend, or waive any provision of these Terms.

18. NOTICES
    1. To You: We may provide any notice to you under these Terms by:
       1. Sending a written communication to the email address you provided during registration, or any updated email address you subsequently provide, and such notice shall be deemed effective upon transmission;
       2. Posting notices on the website or platform through which our services are accessed by you, and such notice shall be deemed effective immediately upon posting.
    2. To Us: To give us notice under these Terms, you must contact us by:
       1. Facsimile transmission to the number specified in our contact information, or any updated facsimile number provided by us, and such notice shall be deemed effective one business day after transmission;
       2. Personal delivery, overnight courier, or registered or certified mail to the physical address specified in our contact information, and such notice shall be deemed effective immediately upon receipt by us.
    3. Method Updates: We reserve the right to update our contact information, including the email address and facsimile number for notices, by posting a notice on the website or platform through which our services are accessed by you.
    4. Receipt Responsibility: It is your responsibility to ensure that your contact information, including email address and facsimile number, is accurate and up to date. We assume no liability or responsibility for your failure to receive a notice if such failure results from inaccurate contact information provided by you.
    5. Notice Effectiveness: Notices provided in accordance with this clause shall be deemed to have been given and received as specified herein, notwithstanding any failure or delay in actual receipt.

19. GOVERNING LAW AND JURISDICTION

    1. Applicable Law: All matters arising out of or relating to these Terms and the contractual relationship are governed by and construed in accordance with the laws of New Mexico, United States of America, without giving effect to any choice or conflict of law provision or rule that would cause the application of the law of any jurisdiction other than New Mexico, United States of America.

    2. Jurisdiction and Venue: Place of jurisdiction for all disputes arising from the contractual relationship is the exclusive jurisdiction of the courts of New Mexico, United States of America. However, we reserve the right to initiate legal proceedings at your place of business.

    3. Effect on Statutory Provisions: Overriding statutory provisions, including provisions relating to exclusive jurisdiction, shall remain unaffected by this clause.

20. DISPUTE RESOLUTION AND BINDING ARBITRATION

    1. Waiver of Litigation Rights: You and we hereby waive any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim. Other rights that would be available if litigation were pursued, including participation in a class action, may also be unavailable or limited in arbitration.

    2. Mandatory Arbitration: Any claim, dispute, or controversy arising from or relating in any way to your purchase of products or services via the Site shall be resolved exclusively and conclusively by binding arbitration.

    3. Arbitration Process: The arbitration will be administered by American Association of Arbitration (AAA) in accordance with its rules then in effect, except as modified by this section of this Agreement. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision. The Federal Arbitration Act will govern the interpretation and enforcement of this section.

    4. Individual Basis: You agree to arbitration on an individual basis. In any dispute, neither you nor we will be entitled to join or consolidate claims by or against other customers in court or in arbitration or otherwise participate in any claim as a class representative, class member, or in a private attorney general capacity.

    5. Class Arbitration Waiver: The arbitral tribunal may not consolidate more than one person’s claims and may not preside over any form of a representative or class proceeding. Any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found to be unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

21. SEVERABILITY: If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

22. THIRD-PARTY LICENSES: Servers.guru makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively “Technologies”), part of which may be licensed, or co-branded, from or by, third-party entities. However, Servers.guru makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, Servers.guru specifically disclaims all warranties of merchantability and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold Servers.guru liable in any way for the revocation of any license, which has been licensed to Servers.guru. The use of the Technologies obtained from or through Servers.guru, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.

23. BACKUP OF DATA: Except where Servers.guru has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and Servers.guru is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with Servers.guru services.

24. MODIFICATIONS: We may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide you with our services. Certain changes to our services may affect the operation of customers’ personalized applications and content. Each customer is solely responsible, and we are not liable, for any and all such personalized applications and content, except as expressly agreed to by us.

25. ENTIRE AGREEMENT: These Terms, any license agreement relating to any product or service you obtain on or via the Site, our System Policies, and any domain name registration agreement you obtain on or via the Site will be deemed the final and integrated Agreement between you and us on the matters contained in these Terms.

26. CONTACT INFORMATION

    1. If you have any questions about these ToS, please contact us by email or regular mail at the following address: [email protected]