Servikus Terms Of Service
Servikus LLC provides web hosting, domain registration and dedicated server services to clients worldwide, and we have a responsibility to protect each client and to provide best services available. All clients who use services of Servikus are subject to the following terms of service:
You agree to use all Servikus's services and facilities at your own risk. Servikus specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Servikus be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Servikus harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Servikus, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Servikus against liabilities arising out of: any injury, damage or loss to a person or property caused by any products sold or otherwise distributed in connection with Servikus’s servers. Servikus reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from Servikus's server. Servikus shall be the sole judge of what violates this Policy.
Billing, Cancellation and Refund Policy
As a customer of Servikus you agree to submit or supply a payment for the rendered services in advance, on the billing date set by Servikus. By default these services will be billed on a recurring basis (if recurring payment option was chosen during registration or renewal of the appropriate hosting package, dedicated server or domain name package). You must notify Servikus at least 7 days before the next automated renewal date if you wish to cancel the recurring payments without any further recurring charges (Servikus shall not be held responsible for recurring automated payment if notified less than 7 days before the next subscription payment date, and this payment will not be refunded). We do not provide any form of refund, partial or complete, for orders of dedicated servers and domains.
Banned Scripts or website types
The following scripts are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc. Hosting any type of these sites will result in instant account suspension until the content is removed. On the case that the content was uploaded willingly by the client, Servikus reserves the right to terminate the account without the possibility of a refund (even if the 30 days have not yet passed on the account). If the content was uploaded by a 3rd party (hackers, abusers which intend to take the client site down), then Servikus will inform the client about the abusive content. Servikus also reserves the right to remove such content from user account without prior notification. Banned scripts and website types are listed below:
- - IRC scripts, eggdrops, bots
- - Proxy server scripts (also any other script which operates as a proxy)
- - Mail bomber and spam scripts
- - IP spoofers and port scanners
- - Pirated Software or any form of warez
- - Image Hosting Scripts (like imgur or Photobucket)
- - AutoSurf site scripts
- - PPC site scripts
- - PTC site scripts
- - Bruteforce Programs or scripts
- - File sharing, dump and mirroring service scripts (like mega, rapidshare)
- - Top sites generator scripts
- - Illegal drug or any other substance or product not allowed to be sold in US or
- - Contraband related sites
- - Sites distributing copyrighted content without proper licenses
- - Gambling sites
- - Hacker programs, credit card dumps, hacking focused sites
- - Forums distributing warez or any other illegal content
- - Fraudulent sites (fake banking services, fake login pages, any other site mining information in illegal ways)
- - Viruses, Trojan horses, mass ping, DDoS, UDP or TCP flood scripts, or other kind of destructive scripts
- - Child pornography (If Servikus is to locate child pornography willingly uploaded to a client account, then the client account will be terminated instantly without any possibility of a refund)
Any kind of abusive content found on our servers should be reported to firstname.lastname@example.org. Servikus will handle any abuse report with the highest priority and interest. Servikus will not be held liable for any damage or loss that may have arisen from content uploaded to client accounts or actions performed by scripts on such accounts on our shared or vps servers. Client who is the account owner takes full responsibility of the whole account content and all actions that are performed on the respectable account, also takes full responsibility for any and all of damages or losses that may arise from his account content or actions performed by scripts on his account.
Unlimited Usage Policy
Servikus offers some of its hosting packages with "Unlimited" amount of resources for specific options (disk drive space, bandwidth, domains per account, and others listed in the features page). This means that we will not set a specific cap for these resources and client will be able to use these resources as needed, however Servikus does use a fair usage policy which applies to all accounts. Servikus's Fair Usage Policy implies that if the client uses the resources of the shared server to the extent where he is negatively affecting other users hosted on the same server, the resources may be capped or in some cases, but not necessarily, respectable account may be suspended before client upgrades his account to a package more suitable for his needs or fixes the issues so the resource usage on his account stops to negatively affect other users on the same shared server.
Servikus's Fair Usage Policy, among other resources, covers: RAM memory usage, number of processes and CPU usage. If a client violates any of terms covered by Servikus's Fair Usage Policy, Servikus reserves the right to suspend respectable account. If any of accounts hosted on our servers exceeds number of processes, RAM memory usage, or CPU resource usage, implied by our Fair Usage Policy, Servikus reserves the right to suspend respectable account.
By the term "Unlimited Space" Servikus means that it will not set a cap on the amount of files the user may host on his account, however the space on the hosting account cannot be used for: Backup storage, Online storage, File sharing services, Movie storage, Photo storage, Software storage, Copyrighted content storage, Illegal, Abusive or Offending file storage, Document Archives or any other type of Archive, File Backups (with the exception of a single cPanel backup generated from your cPanel), log files, etc. Servikus reserves the right to remove such files from the user account with or without notice to the client. Servikus also reserves the right to remove any single files larger than 1GB from the user account regardless of the content of the file with or without notice to the client. Servikus also reserves the rights to suspend a user account if account exceed the maximum number of files set for that account if client decide not to upgrade to appropriate package or dedicated server. Servikus will reserve the rights to suspend a user account if it extend more than 1GB of total MySQL disk usage.
For Servikus term "Unlimited Bandwidth" means that it will not put a cap for bandwidth that single account can use, however it can not be used for: File sharing websites, Tube sites, Photo sharing sites etc. Servikus reserve the rights to suspend account if it is under DOS or DDoS attack of any kind. Servikus also reserve the rights to suspend user's account if it is using more that 10 Mbps at any particular time without warning.
Resource Usage Policy
Servikus is using various methods to ensure each account gets a fair share of resources on a shared hosting server. Every package gets its own set of resources that fits the most for that package. We are limiting amount of CPU, RAM, number of running processes and entry processes. Normally limits will not be reached, unless you are running some poorly coded script, or your site has really huge traffic. Your website will show you a 508 error if some limits are reached. You can always check your limits inside your cPanel account. You can always upgrade your package at any time.
Servikus reserve the rights to suspend account, at any time and without notice, if that account is abusing this resources, in order to protect other users on server.
Servikus will not be responsible for any damage caused by resource limitation or account suspension.
Servikus is using various methods to ensure that each and every account hosted at our shared hosting servers gets a fair share of resource, in accordance with hosting plan that is currently used. If the client uses the resources of the shared server to the extent where he is negatively affecting other users hosted on the same server, we may be forced to limit number of running processes, CPU use, number of entry processes or RAM use of the respective account, also Servikus reserves the right to suspend respective account. Resource usage limits may be reached if you are using some very poorly coded script or if your account is better suited for more advanced hosting plan or dedicated server. Under normal circumstances no limits will be reached, and we will not put a cap or limit on any of the resources. Servikus will not be held liable for any damage caused by resource limitation or account suspension.
Acceptable Use Policy
All services provided by Servikus may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law and also the law of Republic of Serbia is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Servikus and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. If you think your site may violate our Terms Of Service, please ask us before signing up for an account so that we may determine if we can host your site. Servikus reserves the right to determine what is and what isn't acceptable for our servers. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company'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 the company be liable for any special or consequential damages, loss or injury.
Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute. AUP violation are not refunded under any circumstances.
Commercial Advertising and Spam E-mails
Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. SPAM /illegal content advertising sites on other servers which in turn contain links to a domain on our servers is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, disable your domain. In addition, we will impose a $1.000 penalty for each spam policy violation. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy. As such, any violation will result in immediate deactivation of services without refund. Server Abuse: Any attempts to undermine or cause harm to a server is strictly prohibited.
LIMITATION OF LIABILITY
Servikus shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Servikus servers going off-line or being unavailable for any reason whatsoever. Furthermore Servikus shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Servikus's servers. All damages shall be limited to the immediate termination of service.
In no case shall Servikus be held liable for any profit loss, data loss, any kind of direct or indirect damages to Your website caused by any of third party services or software that Servikus uses. This liability limitation refers, but is not limited, to: cPanel/WHM software, backup software/solutions, third party software updates, data center failures, etc...
We do highly recommend backing up your important data by yourself and storing it on your local hard drive. We do provide high-end and very reliable backup solution, but there is always a risk of failure and data loss.
As stated in Liability limitation clause, Servikus shall, in case, be held liable for data loss or any kind of direct or indirect damages caused to your website by backup solution possible failures.
Violations of these Acceptable Uses Policies should be referred to email@example.com. All complaints will be investigated promptly.
If any disputes or claims arise against Servikus or Servikus's subsidiaries, you agree that all disputes will be handled by an arbitrator of Servikus's choice.
Servikus intends to provide the best possible web hosting service to each of its clients. Servikus shows the most interest to use the latest technologies and solutions to make the service provided to the end client the best possible. However Servikus cannot be held liable for any system downtime, crashes, or data loss that may happen on the servers. Also, Servikus will not be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. If any terms or conditions are failed to be followed, the account in question may be automatically deactivated by Servikus. Servikus retains the right to change, modify or delete any or all of the above Terms, Policies, Guidelines, and Disclaimer with or without prior notification.