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Terms of Service Agreement

These Terms of Service ('TOS') are intended to provide our customers ('Customer','You','Your') with clear understanding of what is allowed while using any services by ('Server & Cloud'). Use of any services by Server & Cloud constitutes to agreement to TOS and obligation to comply with all policies in this TOS or must otherwise and cancel their service with Server & Cloud.

Customer agrees that all services provided by Server & Cloud can be used exclusively for lawful purposes. Customer guarantees that the content and activities hosted and transmitted comply with all applicable laws and regulations. Server & Cloud reserves the right to investigate and terminate any account found in violation of TOS.

List of banned material includes, but not limited to:

DDoS protection
DDoS protection that is provided with Dedicated Servers and Cloud Hosting Servers is applicable to on-site equipment only and is not available for remote 3-rd party Servers that are not hosted with Server & Cloud. Customers are not allowed to proxy or tunnel IP traffic through DDoS protected servers hosted within Server & Cloud network. Violation of DDoS protection terms will result in service termination within 24-hour time frame.

Malicious programs
Hosting and distribution of software that intends to cause security breaches, violate privacy of fellow internet users, disrupt computer networks or individual computers is absolutely unacceptable.

List of banned software includes, but not limited to:

Copyrighted Material
Hosting and distribution of copyrighted MP3, copyrighted music, copyrighted video, copyrighted text or trademark infringement
is expressly prohibited.

Sending identical, unsolicited email message, whether commercial or not, to more than one recipient causes significant annoyance to
internet community. Server & Cloud takes a zero tolerance approach to Unsolicited Commercial Email or SPAM through our network. Customers of Server & Cloud may not use, or permit others to use, our network to partake in SPAM distribution. Any Customer who sends out SPAM will have their account terminated without notice.

Unless otherwise indicated all prices are stated in CHF. Payments can be made in CHF, USD and EUR.

Minimal service term is 1 month.

Standard billing cycle is 1 month. Server & Cloud operated on a prepaid bases. Invoices will be sent 7 days prior to the end of
the billing cycle. Invoices have to be paid by the due date. Unpaid orders will be suspended once the account becomes 3 days
overdue and you will be responsible for 100 CHF fee to resume service. 10 day overdue orders are permanently terminated.

You may make payment for several months in advance.

The first invoice will include all initial coasts, including installation costs (if applicable).

Server & Cloud not does provide refunds. All sales are final. We do not refund any part of our billing fees for any unused time.

In case over ddos attack max bandwidth exceeds the stated ddos protection service level, the company reserves a right to null-route the server for 24 hours, including Protected Server service, with excessive DDoS attack over 10 gigabit per second or 4 million packets per second with the DDoS Protected Server offered. The refund will be issued for the remaining service period.

Server & Cloud will not be held liable for any damages or data loss that arise from the use of our services. Server & Cloud is not liable
for any damages that occur from misuse and abuse by customer of equipment and resulting date loss.

Under no circumstances shall the customer hold Server & Cloud responsible for any loss of data. It is the sole responsibility of Customer to maintain Customer's own backup of any and all data.

Customer is responsible for usage of equipment leased from Server & Cloud with due care. Damage due to overload may result in customer's financial liability.

Server & Cloud will not be liable for damage or interruption of service caused third parties such as dos-attacks, hacking, malware or Force Majeure.

Server & Cloud reserves the right to refuse, terminate, or suspend the Services being provided to Customer at our sole discretion without prior notification if Server & Cloud found customer to be in breach of current TOS, current invoice is 3 or more days overdue. No refund will be issued upon termination.

Customer may terminate the account by notifying Server & Cloud or by leaving the current invoice unpaid. If the invoice is unpaid the service will be terminated by default.

Governing Law
This Agreement shall be interpreted and construed according to, and governed by, the laws of Switzerland and the parties submit to
the exclusive jurisdiction of the Swiss Courts.

Server & Cloud
Server & Cloud reserves the right to modify this agreement as needed without notice, and customer agree that by using Server & Cloud services, You have fully read, fully understood and agree to these TOS.
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Authorized Partner of Solar Communications GmbH

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