BudgetDedicated Terms of Service
Version 2006-07-25
1. Preface and definitions
a. BudgetDedicated, company registration no. 17126473, The Netherlands, European Union.
b. BudgetDedicated's system: A group of components that is comprised of server hardware, network hardware, software systems and configurations and systems that depend on its correct operation.
c. The administrator: A natural person, a capable maintainer of the provided system or product.
d. A Client: A person, business or enterprise that uses the systems and makes sure it's administrated. May be referred to as "you".
e. A User: A natural person that uses services or products of BudgetDedicated and/or Client.
f. The rented system: a physical or virtual product or service of BudgetDedicated.
g. Technical problem: An incorrect way of operation of a certain system or service, or an adjustment of a system that causes it to stop functioning properly, or a way of operating a system that causes other, external or internal, systems to become less usable.
h. Terms Of Service: this document. May also be referred to as TOS.
2. Basic Policies
a. You may not use, or permit use of your system for any purposes which contravenes any applicable law.
b. BudgetDedicated will make all reasonable efforts to keep maintenance from negatively affecting your service level. We will notify you of any scheduled maintenance in advance, and keep down time on clients' systems to an absolute minimum, except where it becomes necessary for the long-term benefit of the service and other clients or users. In practice, we will try to move customers' systems from the hardware that needs any prolonged maintenance to another server.
c. Console access provided by BudgetDedicated may only be used to recover a system (e.g. if ssh has crashed). Transferring large amounts of data via this service is not permitted. You have to log out as soon as you have finished repairing your system.
d. BudgetDedicated does not guarantee that the systems are fit for any particular use. Software may be under heavy development and platform software may be changed. Though BudgetDedicated and Clients have successfully been able to use the systems for many purposes, these systems are meant for testing purposes.
e. The Client must take into account that its use of the system affects other Clients and Users, and agree to terminate, at our request, any service or services which we deem to be degrading to the service that we provide our other Clients. This may include running heavy benchmarks on the system. If the client does not terminate the service after our request, our Administrators can do that for the Client. The server may be frozen, paused, stopped or it's service priority lowered when system operations are interrupted.
f. BudgetDedicated should always be able to ping a Client's server. This is necessary for uptime and operational tests.
g. You may not allocate more swap memory than allocated ram-memory. This is to limit disk input/output.
3. Security Related
a. The system administrator should have reasonably sufficient knowledge about the security of the Operating System(s), and higher level software running on it (e.g. Apache, MySQL, PHP, etc.). When in doubt you should contact BudgetDedicated immediately.
b. Bouncers, anonymous proxy servers, Wingates, open relay SMTP servers, or other systems or mechanisms that allow remote users to connect through the system(s) to (an)other system(s), are not allowed.
c. The Client may not use, or permit use of a system or network for the bulk sending of any kind of unsolicited network traffic (e.g. spam): including but not limited to e-mail, Instant Messages or newsgroup postings.
d. Our systems may not be used or permitted to be used in a way that it unreasonably uses up resources of our or third party systems or that it causes any other technical problem (e.g. DDOS attacks).
e. If a possible technical problem, security risk or security problem is detected this should immediately be reported to BudgetDedicated.
f. BudgetDedicated is allowed to look at the booting or the boot log of the Clients' server. This is to ensure correct working of the server.
g. BudgetDedicated does regular security audits of/on its servers, including clients systems. A Client may not always be informed of such audits.
h. A Client is responsible for (changing) his own username(s) and/or password(s).
4. Liability
a. The Client fully indemnifies BudgetDedicated against any claims for loss or damage by any third party in respect of activities conducted on systems under the Client's control.
b. Possible technical problems that are caused by users of the rented system(s) fall under the responsibility of the Client.
c. The client is entirely responsible for any activity conducted on, through, or via the system, and must take measures to ensure that anyone to whom Client grants access will not breach this policy in turn.
d. Any information, including software, system/program files stored or contained by the system, primarily falls under the responsibility of the Client. Client is responsible for his own data and therefore needs to make is own backups.
e. Advice from BudgetDedicated to the Client about security measures should closely be followed on the shortest term possible. If not followed quickly, this may void the contract. Client will be liable for any losses, damages or court claims.
5. Discontinuation of Services
a. A Client can discontinue services at the end of each month, by e-mail request directed at Support@BudgetDedicated.com.
b. BudgetDedicated will send an e-mail confirmation of discontinuation as acknowledgment of having received a discontinuation request.
c. When these Terms of Service or the terms of the individual contract are not entirely followed, BudgetDedicated may immediately discontinue or restrain the offered services without having to refund payments or any damages.
6. Payment
a. Invoices are only distributed digitally via e-mail and are available at the BudgetDedicated Control Panel.
b. Payment is always up front of the service. This does not include (additional) data traffic, which will be charged after the end of each month.
c. Payment has to be done within fourteen (14) days after the Invoice date. Client will receive a reminder by e-mail after the fourteen (14) days have passed. Seven (7) days after the reminder BudgetDedicated may freeze the server or discontinue services. All invoices still have to be paid in full. There are no reactivation costs. Reactivation of the server may take some time, as server resources may have been taken.
d. International money transfers may have transaction costs. These costs are always for the Client, not for BudgetDedicated.
e. A Client can hire BudgetDedicated to perform (administration) tasks at an half-hourly rate of 35 Euros, excluding VAT.
7. Additional Conditions for Trials
A short introductory trial period is available to get acquainted to our product. The standard period for a trial is seven (7) days.
We require you to accept the following conditions when you want to try our services for free:
a. The trial period is for new clients only, unless explicitly stated otherwise.
b. BudgetDedicated may refuse to provide the trial without having to give a reason.
c. BudgetDedicated may closely monitor Client and user activity on the trial system.
d. The specified maximum usage of several parameters during the trial period should never be exceeded. This includes but is not limited to bandwidth, data traffic, CPU usage, usage time span and hours at which you can be logged in. The exact specifications are listed on our website www.budgetdedicated.com.
e. BudgetDedicated may limit the specifications and parameters of the trial, and change these at any time during the trial period. This includes temporary and indefinite system interruptions.
f. Clients and/or user(s) should not leave important data on the system at the end of the trial period. BudgetDedicated will automatically remove the system and/or the data and/or any backups after the trial period is over.
8. Privacy
The integral Privacy Policy of BudgetDedicated can be found at http://www.budgetdedicated.com/privacy.php.
9. Jurisdiction
a. Dutch law is applicable for our agreements, unless explicitly stated otherwise in the individual contract.
b. If one or more of the terms or conditions are not legally sustainable, the other terms and conditions will still fully apply.
10. Trademarks
a. All registered trademarks are owned by their respective owners.
11. Changes in the Terms of Service
a. If we decide to change our Terms of Service, we will post the new Terms on our website.
b. We reserve the right to modify the Terms of Service at any time. If we make changes to these Terms, we will notify Clients by means of a notice on our website and/or via e-mail. c. If the Client does not agree, he has the right to discontinue services as stated in article 5 TOS.
12. Contact Information
If you have any questions or suggestions regarding our Terms of Service, please contact us at:
Phone: +31137113080
Fax: +31137113079
Email address: Info@BudgetDedicated.com
Postal address:
BudgetDedicated
Scholverbos 61
5122HR Rijen
The Netherlands
|
