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Terms of Service

Plug & Cloud OÜ, 11415, Estonia, Tallinn, Valukoja tn 8/1, Company registration number 12757530, VAT number EE101765367
agrees to furnish services to the Subscriber, subject to the following Terms of Service. Use of Plug & Cloud’s service constitutes acceptance and agreement to Plug & Cloud’s Terms of Service.

Plug & Cloud OÜ reserves the right to modify the Terms of Service without notice.

Use of Services

You may use our services, provided that you are of legal age to form a binding contract and are not barred from receiving such services under the laws of Estonia or other jurisdictions. In order to access our services, you are required to provide current and factual identification, contact, and other information as part of the registration process. You are responsible for the confidentiality of your account information and for all activities that occur under your account. You are solely responsible for all content within your account. You agree to immediately notify Plug & Cloud OÜ of any unauthorized use of your account or any other breach of security. Plug & Cloud OÜ will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your account secure.

Acceptable Conduct

You are responsible for the actions of all users of your account and any data that is created, stored, displayed by, or transmitted by your account while using Plug & Cloud OÜ . You will not engage in any activity that interferes with or disrupts Plug & Cloud’s services or networks connected to Plug & Cloud OÜ.

Prohibited Usage

You agree that any of the below activities are considered prohibited usage and will result in immediate account suspension or cancellation without a refund and the possibility that Plug & Cloud OÜ will impose fees; and/or pursue civil remedies without providing advance notice.

Misuse of System Resources: Intentional misuse of system resources, including but not limited to employing programs that consume excessive network capacity, CPU cycles, or disk IO.

Spam and Unsolicited Bulk Email (UBE): Plug & Cloud OÜ has a zero tolerance policy on spam, Junk E-mail or UBE. Spam, Junk-mail and UBE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested the message. UBE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Plug & Cloud OÜ whether or not the message actually originated from our network.

Mailing Lists: Plug & Cloud’s mass mailing rules also apply to mailing lists, list and mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal of recipients with non-distribution in the future.

Access to Other Computers or Networks without Authorization: Attempting unauthorized and/or illegal access of computers, networks and/or accounts not belonging to party seeking access. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures.

Plug & Cloud OÜ and the services it provides may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of Estonian regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Plug & Cloud’s services may not be used to facilitate infringement of these laws in any way.

Other Activities viewed as Illegal or Harmful: Engaging in illegal activities or engaging in activities harmful to the operations of Plug & Cloud OÜ or Plug & Cloud’s customers.

Providing False Data on any Contract or Application: including fraudulent use of credit card numbers.

Plug & Cloud OÜ does not prohibit the use of distributed, peer to peer network services such as Tor, nor does Plug & Cloud OÜ routinely monitor the network communications of customer Plug & Cloud OÜ as a normal business practice. However, customers are responsible for the contents of network traffic exiting their Plug & Cloud OÜ servers. Any usage that prompts the receipt of abuse complaints pertaining to violation of Estonian and/or international copyright law must be promptly discontinued to avoid service cancellation for violation of these terms.

Invoicing and Payment

You agree that Plug & Cloud OÜ shall be permitted to charge your credit card on a monthly, annual, or other agreed upon basis in advance of providing services. Service will be interrupted on accounts that reach 1 day past due. The data will be completely removed in 7 days.

Subscriber is aware that Plug & Cloud OÜ may prospectively change the specified rates and charges from time to time.

Plug & Cloud OÜ is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by Plug & Cloud OÜ . Currency exchange settlements will be based on agreements between you and the provider of your credit card.

For counterparties from the EU an extra tax is added in accordance with the country of counterparty.

Uptime Guarantee

Plug & Cloud OÜ provides a 99.9% uptime guarantee on all Plug & Cloud OÜ hardware, and on network connectivity. In any given month, if your Plug & Cloud OÜ server is down for more than 0.1%, you may request a credit for the downtime.

Support Boundaries

Plug & Cloud OÜ provides 24 x 7 technical support to our subscribers via our Support Ticket system. The following are our guidelines when providing support: Plug & Cloud OÜ provides support related to your Plug & Cloud OÜ virtual server physically functioning. Plug & Cloud OÜ does not offer technical support for application specific issues such as application configuration, cgi programming, web or mail server configuration, or any other such issues. Plug & Cloud OÜ does not provide technical support to your customers. Please feel free to check our Support Scope document for more details.

Account Cancellation or Suspension

Plug & Cloud OÜ reserves the right to suspend network access to any customer if, in the judgment of the Plug & Cloud OÜ network administrators, the customer's server is the source or target of a violation of any of the other terms of service or for any other reason which Plug & Cloud OÜ chooses. Plug & Cloud OÜ will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference. Plug & Cloud OÜ reserves the right to terminate service without notice for continued and repeated violations of the terms of service. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.

If at any time it becomes necessary for Plug & Cloud OÜ to cancel a customer's service without cause, Plug & Cloud OÜ will provide 30 days advance notice.

Network

If Plug & Cloud OÜ assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Plug & Cloud OÜ , and Customer shall have no right to use that Internet Protocol address except as permitted by Plug & Cloud OÜ in its sole discretion in connection with the Services, during the term of this Agreement. Our allocation of IP addresses is limited by RIPE's policies.

Limitation of Liability

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Plug & Cloud OÜ and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that Plug & Cloud OÜ shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Plug & Cloud OÜ . Subscriber further acknowledges that Plug & Cloud’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall Plug & Cloud OÜ be liable for any special or consequential damages, loss or injury. Plug & Cloud OÜ is not responsible for any damages your business may suffer. Plug & Cloud OÜ does not make implied or written warranties for any of our services. Plug & Cloud OÜ denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Plug & Cloud OÜ.

Disclosure to Law Enforcement

The Terms of Service specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that Plug & Cloud OÜ may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any court who sends us a valid Court Order, without further consent or notification to the Subscriber. In addition, Plug & Cloud OÜ shall have the right to terminate all service set forth in this Agreement.

Warranty Disclaimer

You agree that your use of Plug & Cloud OÜ shall be at your sole risk. All services provided by Plug & Cloud OÜ are available as is, without warranty.

Indemnity

Plug & Cloud OÜ wishes to emphasize that in agreeing to the Plug & Cloud OÜ Terms of Service, customer indemnifies Plug & Cloud OÜ for any violation of the Terms of Service that results in loss to Plug & Cloud OÜ or the bringing of any claim against Plug & Cloud OÜ by any third-party. This means that if Plug & Cloud OÜ is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Plug & Cloud OÜ , plus all costs and reasonable attorney's fees.

Notice

You agree that Plug & Cloud OÜ may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on Plug & Cloud OÜ services.

Entire Agreement

The Terms of Service (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and Plug & Cloud OÜ and govern your use of Plug & Cloud OÜ services, superseding any prior agreements between you and Plug & Cloud OÜ for the use of Plug & Cloud OÜ services.

Choice of Law and Forum

The Terms of Service and the relationship between you and Plug & Cloud OÜ shall be governed by the laws of Estonia without regard to its conflict of law provisions. You and Plug & Cloud OÜ agree to submit to the personal and exclusive jurisdiction of the courts located within Estonia.

Waiver and Severability of Terms

The failure of Plug & Cloud OÜ to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the party's intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Plug & Cloud OÜ services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

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