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 provide the 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 expressly 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. 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 its customers' interest. 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 seven 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 the recurring automated payment if notified less than seven days before the next subscription payment date, and this payment will not be refunded. We do not provide any form of a refund, partial or complete, for orders of dedicated servers and domains. In the case of annual, biannual, and triannual orders/service billing periods, the customer can request a full or partial refund in the first 30 days of the billing period. After 30 days, Servikus will not provide a refund for this service, partial or complete.
Banned Scripts or website types
The following scripts are banned from use on our servers and may not be uploaded or run. Reasons for refusing them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc. Hosting any of these sites will result in instant account suspension until the content is removed. Suppose the content was uploaded willingly by the client. In that case, 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 the 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 kinds of destructive scripts
- - Child pornography (If Servikus is to locate child pornography willingly uploaded to a client account, then the clients' account will be terminated instantly without any possibility of a refund)
- - Content that is likely to shock or disgust (such as hatred, violence, threats, abuse or cruelty to people or animals; harassment; racism; sexual; pornographic; adult products or services including novelties; religious, race or political intolerance, or organizations with such views; vandalism; crime; terrorism; eating disorders; tobacco products and paraphernalia; or promotion of suicide)
Any abusive content found on our servers should be reported to email@example.com. 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. The client, who is the account owner, takes full responsibility for 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 an "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 the client will be able to use these resources as needed. However, Servikus does use a fair usage policy that applies to all accounts. Servikus's Fair Usage Policy implies that if the client uses the shared server's resources to the extent where he is negatively affecting other users hosted on the same server, the resources may be capped or, in some cases. Still, not necessarily, the respectable account may be suspended before the client upgrades his performance to a package more suitable for his needs or fixes the issues. Hence, his account's resource usage stops to affect other users on the same shared server negatively.
Servikus's Fair Usage Policy, among other resources, covers RAM usage, number of processes, and CPU usage. If a client violates any of the terms covered by Servikus's Fair Usage Policy, Servikus reserves the right to suspend a respectable account. Suppose any of the accounts hosted on our servers exceeds the number of processes, RAM usage, or CPU resource usage, implied by our Fair Usage Policy. In that case, Servikus reserves the right to suspend a respectable account.
By the term "Unlimited Space," Servikus means that it will not set a cap on the number 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 (except 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 reserves the right to remove any single files larger than 1GB from the user account regardless of the file's content, with or without notice to the client. Servikus also reserves the right to suspend a user account if the account exceeds the maximum number of files set for that account if the client decides not to upgrade to an appropriate package or dedicated server. Servikus will reserve the right to suspend a user account if it extends more than 1GB of total MySQL disk usage.
Servikus term "Unlimited Bandwidth" means that it will not put a cap for bandwidth that a single account can use. However, it can not be used for: File sharing websites, Tube sites, Photo sharing sites, etc. Servikus reserve the right to suspend the account if it is under DOS or DDoS attack of any kind. Servikus also reserves the right to suspend a user's account if it uses more than 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 the amount of CPU, RAM, number of running processes, and entry processes. Usually, limits will not be reached, unless you are running some poorly coded script, or your site has massive 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 right to suspend the account at any time and without notice if that account is abusing these resources to protect other users on the 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 per hosting plan that is currently used. Suppose the client uses the shared server's resources to the extent where he is negatively affecting other users hosted on the same server. In that case, we may be forced to limit the number of running processes, CPU use, number of entry processes, or RAM use of the respective account. Also, Servikus reserves the right to suspend individual accounts. Resource usage limits may be reached if you use some very poorly coded script or if your account is better suited for a 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 the Republic of Serbia's law 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 another statute. The subscriber agrees to indemnify and hold harmless Servikus and its employees from any claims resulting from the service's use, which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users will be suspended from our network when 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 to determine if we can host your site. Servikus reserves the right to decide 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 company's negligence and that damages resulting from any interruption of service are difficult to ascertain. Therefore, the subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the company's direct and exclusive control. Subscriber further acknowledges that the company's liability for its 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 is prohibited. Undesirable Content Certain types of content are not allowed on our network. The 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 have a right to distribute. AUP violation is not refunded under any of the above-stated circumstances.
Commercial Advertising and Spam E-mails
Our servers may not be the source, intermediary, or destination address involved in transmitting 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 spamming any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, we will immediately, without warning, disable your domain. Furthermore, 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 the 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, or any direct or indirect damages to Your website caused by any 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 provide a high-end and reliable backup solution, but there is always a risk of failure and data loss.
As stated in the Liability limitation clause, Servikus shall, in case, be held liable for data loss or any direct or indirect damages caused to your website by backup solution possible failures.
Violations of these Acceptable Uses Policies should be referred to firstname.lastname@example.org. All complaints will be investigated promptly.
If any disputes or claims arise against Servikus or Servikus's subsidiaries, you agree that an arbitrator of Servikus's choice will handle all disputes.
Servikus intends to provide the best possible web hosting service to each of its clients. Servikus shows the most interest in using the latest technologies and solutions to do the best possible service to the end client. However, Servikus cannot be held liable for any system downtime, crashes, or data loss on the servers. Also, Servikus will not be held responsible for any predicted estimate of profits 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.