Acceptable User Policy Last Modified – 26/04/2023 All users of Servers.guru’s services, and all customers upon signing up for Servers.guru’s services, agree to comply with Servers.guru’s Terms of Service (“TOS”). The spirit of the TOS is to ensure customers are using Servers.guru’s services with due regard to the rights of other Internet users and in conformity with the requirements of Servers.guru’s network environment. The TOS are not exhaustive and Servers.guru reserves the right to add, delete, or modify any provision of its TOS at any time without notice, effective upon either the posting of the modified TOS to servers.guru or notification of the modified TOS. Any complaints about a customer’s violation of the TOS should be sent to [email protected]. The TOS supersedes any other agreement with Servers guru, whether written, oral, by conduct, or otherwise.
A. Servers.guru Customer Terms of Service
The following Terms of Service 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 customers’ account (including all billing data and the space on the particular Web server that Servers.guru provides to customers);
2. any use by customers, 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’s web site, including the website itself;
6. any other service mentioned in the TOS;
7. any other service provided by Servers.guru to customers, whether used or not;
8. any other Servers.guru services that are used by customers, whether offered or provided by Servers.guru to customers.
Ownership of Web Site:
The legal owner of customers’ websites and accounts with Servers.guru will be the individual or organization whose email is listed in Servers.guru’s database as the owner. Customers will fully cooperate with and abide by any and all of Servers.guru’s security measures and procedures in the event of any dispute over ownership of customers’ websites and accounts with Servers.guru.
Illegal Use:
Servers.guru servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any 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, extremist content, content that offends common decency, promote 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.
Spamming:
Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”) is prohibited, regardless of whether or not 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 web site hosted on a Servers.guru server, and selling or distributing software (on a web site 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.
System and Network Abuse:
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.
Viruses and Other Destructive Activities:
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.
Copyright Violations:
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. 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.
Child Pornography:
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, and will 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.
Other prohibited activies:
Other prohibited uses include :
The operation of applications for mining cryptocurrencies. These include, but are not limited to, mining, farming and plotting of cryptocurrencies.
The operation of applications for mining cryptocurrencies. These include, but are not limited to, mining, farming and plotting of cryptocurrencies.
Customer Responsibility:
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. 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. 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.
Actions Taken by Servers.guru:
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. When Servers.guru becomes aware of an alleged violation of its TOS, Servers.guru will initiate an investigation. During the investigation, Servers.guru may restrict a customer’s access in order 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 and/or pursue other civil remedies. 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. Servers.guru does not issue credits for outages incurred through service disablement resulting from 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.
Indemnification:
Servers.guru customers agree to protect, defend, hold harmless and indemnify Servers.guru, any third party entity related to Servers.guru (including, without limitation, third party vendors), and Servers.guru’s executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as Servers.guru, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer’s use of Servers.guru’s services.
Disclaimer:
The Servers.guru service is provided on an as-is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. Servers.guru expressly disclaims any representation or warranty that the Servers.guru service will be error-free, secure, or uninterrupted. No oral advice or written information given by Servers.guru, its employees, Servers.guru, or the like, will create a warranty; nor may you rely on any such information or advice. Servers.guru and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
Termination for Bankruptcy or Insolvency:
If a customer becomes insolvent or any bankruptcy petition is filed by the customer or any third party against the customer, Servers.guru may immediately terminate the provision of Servers.guru’s services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against Servers.guru in such event.
LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL SERVERS.GURU (INCLUDING, WITHOUT LIMITATION, SERVERS.GURU’S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS SERVERS.GURU, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING SERVERS.GURU’S SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSE INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR SERVERS.GURU SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY SERVERS.GURU SERVICES EVEN IF SERVERS.GURU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SERVERS.GURU’S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOS OR SERVERS.GURU’S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY SERVERS.GURU OR SERVERS.GURU’S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
Modifications:
Servers.guru 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 customers with Servers.guru’s services. Certain changes to Servers.guru’s services may affect the operation of customers’ personalized applications and content. Each customer is solely responsible, and Servers.guru is not liable, for any and all such personalized applications and content, except as expressly agreed to by Servers.guru.
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.
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.
Non-Servers.guru Products:
Any mention of non-Servers.guru products by Servers.guru, its employees, or any third party entity related to Servers.guru is for information purposes only and does not constitute an endorsement or recommendation by Servers.guru. Servers.guru disclaims any and all liabilities for any representation or warranty made by the vendors of such non-Servers.guru products or services.
Servers.guru’s Intellectual Property:
Customers will not, without Servers.guru’s express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on Servers.guru’s website, and customers will not use any of Servers.guru’s trademarks, service marks, copyrighted materials, or other intellectual property without Servers.guru’s express written consent. Customers will not, in any way, misrepresent their relationship with Servers.guru, attempt to pass themselves off as Servers.guru, or claim that customers are Servers.guru.
Minimum Age Requirement:
Customers may not assign or delegate their rights or obligations under the TOS or other agreement for Servers.guru’s services, either in whole or in part, without the prior written consent of Servers.guru. 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.
Governing Law and Severability:
The TOS, and any other agreement for Servers.guru services, will be governed by and construed in accordance with the laws of the State of New Mexico, USA as well as the laws of Germany without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and Servers.guru will take place in New Mexico, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOS or other Servers.guru agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOS or the agreement will continue in full force and effect.
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.
Independent Contractors:
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.
B. Servers.guru Customer Billing Policy
The following Terms of Service constitute Servers.guru’s Billing Policy and apply to ALL Servers.guru customers:
Payments:
All charges are shown in Euros. Payments are to be made in Euros. Servers.guru accepts Credit cards and CryptoCurrency. 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 numbers of months up to one Year.
Account Renewals
In order to ensure uninterrupted service to your website, all plans will send you an invoice to renew at seven (7) days before the end of the plan’s Billing Cycle. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.
Delayed Renewals:
Make sure you will renew the service before service expiration date, so you can keep using the service for the next billing cycle. Otherwise, the service will be automatically terminated after the service’s due date. The termination process will be done by the platform automatically. This is a permanent action and we do not store any backups of terminated services due to the user’s privacy.
Statements:
Servers.guru does not mail paper invoices or statements. Customers will receive their account billing statement via email.
Cancellations:
In order to cancel service, you must write to [email protected] or let your service expires. Please be aware that Servers.Guru have a no refund policy for issues not resulting from its direct involvement or negligence. Cancellation requests must be received by Servers.guru a minimum of seven (7) days prior to the end of your Billing Cycle for all plans. Cancellations become effective on the day processed by Servers.guru. Servers.guru is unable to cancel your account effective for a future date. Servers.guru will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact Servers.guru as soon as possible. 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. 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.
Refund Policy
Servers.Guru have a no refund policy for issues not resulting from its direct involvement or negligence.
Billing/Price Changes:
Servers.guru’s policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.
Affiliate Program:
Servers.guru does not yet offer an affiliate program.
Wallet and credit system:
Credit added to a customer wallet can only be used to renew open invoices generated by servers.guru or order new service from Servers.Guru and cannot be redeemed back for cryptocurrencies or any other form of currencies.
