Terms of Services Jadera Hosting
Acceptable Use Policy (AUP) and Terms of Service (TOS)
Last updated: February 10, 2016
Please read these Terms of Service ("Terms", "Terms of Service", "TOS") and the Acceptable Use Policy ("AUP") carefully before using the http://www.jaderahosting.net website (the "Service") operated by Jadera Europe LTD ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Use of the Site
You understand that, except for information, products or services clearly identified as being supplied by us, we do not operate, control or endorse any information, products or services on the Internet in any way. Except for our- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with us. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
You assume total responsibility and risk for your use of the site and the internet. We provides the site and related information "AS IS" and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Service, any merchandise Information or Service provided through the Service or on the Internet generally, and we shall not be liable for any cost or damage arising either directly or indirectly from any such transaction.
It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Service or on the internet generally. We do not warrant that the Service will be uninterrupted or error-free or that defects in the Service will be corrected.
Pirated software, Hacking programs or archives, Warez Sites, Spamming Software, Extreme Political and Religious Positions, Pornography and sex-related merchandising, this includes sexual content, or direct links to adult content elsewhere, are prohibited on any server. Links to such materials are also prohibited. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. We will be the sole arbiter as to what constitutes a violation of this provision.
Your understand further that the pure nature of the Internet contains unedited Materials some of which are sexually explicit or may be offensive to you. Your access to such Materials is at your own risk. We have no control over and accepts no responsibility whatsoever for such Materials.
Limitation of Liability
In no event will we be liable for (I) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service.Even if we or its authorized representatives have been advised of the possibility of such damage, or (II) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the Service.
We makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-our web site, please understand that it is independent from us, and that we has no control over the content on that web site. In addition, a link to a our web site does not mean that we endorses or accepts any responsibility for the content, or the use, of such web site.
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or we cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting our customer support team.
A valid payment method, including PayPal, is required to process the payment for your Subscription. You shall provide us with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize us to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, we will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
We, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
We will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
You may cancel your account at any time before your next billing date, and you will not be billed for the next period. Paid Subscription fees are non-refundable except when required by law.
Domain Registration & Ownership
Technical assistance for domain registration is provided only by email .
We offer a 14 day "money back" guarantee for our hosting service. If you are dissatisfied with the hosting service provided, you can request a refund of all monies paid.
Once a domain is registered the fees are non-refundable under any circumstances, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term.
All domains registered through our design become the property of the respective owners once full payment for said domains has been received.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Customers may not use our Network with an attempt to circumvent user authentication or security of any network, account or host. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, probing the security of other networks in search of weakness, password cracking or violation of any other organization's security policy.
Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, mail bombing, flooding, or other deliberate attempts to overload or crash a host or network.
We will co-operate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement ("Infringement") of any person.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.
Intellectual Property Rights
The Service and its original content, features and functionality are and will remain the exclusive property of us and its licensors. The Service is protected by copyright, trademark, and other laws of both the Ireland and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of us.
If you use a domain name in connection with our Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are we, its affiliates or other third party licensors. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on the site, including text, graphics, code and/or software.
You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of us. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
Third Party Rights
The provisions of Use of the Service and Indemnification are for the benefit of us and its directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
You agree to indemnify, defend and hold harmless us, its directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
You must not use our Network, our equipment or any our email address in connection with the transmission of spam, mail bombs, flames or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of our Network, our Hosting equipment or any our email address.
A message is considered unsolicited if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.
If you are found to have spammed, we reserves the right to disable your domain without warning. In addition, we may impose a 100 € penalty for each spam policy violation. We solely reserves the right to refuse or cancel service to known spammers. Finally, we reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.
Not allowed Programs & Scripts
Chat servers/scripts of any kind are strictly prohibited. You can use formmail scripts but its prohibed to use it with the filename "formmail". Any files named "formmail" will be deleted without notice.
The installation of Proxy servers is prohibited. Any Proxy scripts found on our web servers will be removed without notice.
Transmission and/or Distribution of Indecent or Obscene Speech or Materials. Violation of obscenity and indecency laws can result in criminal penalties.
We do not allow background-running programs like IRC related software such as bouncers and bots.
Use any scripts you wish provided they do not affect the normal operations of the server and they are not mentioned specifically below. Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, and banner exchanges. In that case a script affects administrative operations and/or normal server, we Hosting reserves the right to disable the account pending client cooperation and resolution.
User may not:
- Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such peaks; like CGI scripts, FTP, PHP, HTTP, etc.
- Run any type of indexer or web spider (including Google Cash).
- Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Participate in any peer-to-peer/file-sharing activities
- Run any tracker, bit torrent application, or client.
- Run any gaming servers such as Enemy Territory, etc
- Run cron entries with intervals of less than 15 minutes
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by us.
We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions Copyright, Licenses and Idea Submissions, Use of the Service, Indemnification, Third Party Rights and Governing Law shall survive any termination of this Agreement.
This Agreement shall all be governed and construed in accordance with the laws of Ireland, without regard to its conflict of law provisions, applicable to agreements made and to be performed in Ireland. You agree that any legal action or proceeding between us and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Ireland . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
Our failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. We may assign its rights and duties under this Agreement to any party at any time without notice to you. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Any rights not expressly granted herein are reserved.
If you have any questions about these Terms, please contact us.
Last updated: February 10, 2016
Jadera Europe LTD ("us", "we", or "our") operates the http://www.jaderahosting.net website (the "Service").
This page informs you of our policies regarding the collection, use and disclosure of Personal Information when you use our Service.
Information Collection And Use
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your email address, name, phone number, postal address, other information ("Personal Information").
We may also collect information that your browser sends whenever you visit our Service ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.
Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer's hard drive.
We use "cookies" to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Compliance With Laws
We will disclose your Personal Information where required to do so by law or subpoena or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Service.
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
Your information, including Personal Information, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside Ireland and choose to provide information to us, please note that we transfer the information, including Personal Information, to Ireland and process it there.
Links To Other Sites
We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Our Service does not address anyone under the age of 13 ("Children").
We do not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian and you are aware that your Children has provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from a children under age 13 without verification of parental consent, we take steps to remove that information from our servers.
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