Terms of Service
These Terms of Service (TOS) govern the relationship between Server & Cloud, registered in Switzerland, and you and your heirs, assigns, agents and contractors (collectively, 'Customer') and is effective as of the date of electronic, verbal or written execution. By subscribing to any of the services ('Services') with Server & Cloud Customer agrees to be bound by these terms and conditions.
Term of a contract
Unless stated otherwise, the contract is made for a minimal term of 1 month. Unless a notification of termination is received prior to the expiration of the initial period, the contract is automatically renewed for another minimal term and so on. Contract comes into effect at the effective date agreed upon or at the date Customer starts using the Services, whichever comes first. Fixed-term contracts will terminate upon expiration of the period stated on the contract. Fixed-term contract can be renewed by extending the term of the contract.
1. Under no circumstances is the customer authorized to engage in any activity that is illegal under local, national or international laws while utilizing Server & Cloud Services. The list of banned content includes, but is not limited to:
a. Copyrighted material without the explicit permission of the copyright owner including video, audio and text.
b. IRC - running any type of IRC software such as IRC client software, IRC server software, web-based IRC software and IRC bots.
c. Proxy/VPN - We prohibit any proxy/VPN set-ups or connections or any sort of activity through remote proxy connections.
d. HYIP - We prohibit HYIP web sites and web sites involved in advertising or promotion of such resources.
e. Warez - Pirated or cracked versions of commercial software, hacking tools, emulators and guides to such activities.
f. Spyware / Malware / Scareware - virus/spyware distribution via a dedicated server managed by Customer that may cause a security breaches to others, will result in account termination.
For more information on banned material please visit our Acceptable Use Policy, it is an integral part of the Terms of Service document and by subscribing to any of Server & Cloud services you agree to comply.
2. Customer agrees to keep secure the all login information to Dedicated Server located at Server & Cloud facility. Sharing your Dedicated Server with unauthorized third party is strictly prohibited. It is the responsibility of a Customer to prevent unauthorized access into the Customer's systems.
The Customer will inform Server & Cloud immediately of any problems or interruptions of services, equipment or software malfunctioning that the Customer has discovered while using the Service including illegal/potential illegal activities by unauthorized parties.
Customer is responsible to use the equipment leased by Server & Cloud with due care and intentional misusage of the equipment may result in Customer's financial liability.
It is Customer's sole responsibility to make regular back-ups of your data and files used in connection with the Services. Server & Cloud may make our own periodic back-ups for server maintenance purposes, however Soar is not responsible whatsoever for the loss of data or files.
The prices are stated in CHF, EUR and USD for your convenience. You may make a payment in a currency stated in your contract/agreed upon.
The Service will be billed monthly, unless otherwise agreed upon. The first invoice will include all initial coasts, including installation costs (in applicable).
Invoices are generated 10 days before the due date. Payment must be made by the due date to avoid the suspension of your account. If no payment is received, the Service will be suspended 5 days after the due date with permanent termination of the account 10 days later. 100 EUR fee is charged to resume the Service, once it has been suspended.
Server & Cloud will not be liable for failure or delay in performing its Services if such failure or delay is due to circumstances beyond its reasonable control, such as acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, equipment malfunctioning, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.
Server & Cloud will not be liable for damage or interruption of service caused third parties such as dos-attacks, hacking or malware.
Customer may be held liable for damages caused to Server & Cloud or to third parties as a result of the Customer's usage of the Service.