These Terms and Conditions are valid for all packages and rates, and all the countries in which services are provided. ScalaCube undertakes to provide all services offered.
ScalaCube Public Offer Agreement for individual and legal entities dated 01.01.2015 comes into effect from the moment of publication.
By registering and setting up a personal account in the company's billing system, the Client fully agrees to be bound by all Terms and Conditions of the Agreement.
The Agreement regulates the relationship between ScalaCube (hereinafter referred to as the "Company") and the Client (hereinafter referred to as the "Client"). The Agreement does not require a signature in writing. 1. Areas of Responsibility
1.1. Host computer issues, communication issues; not getting root-access with OS and software shall be the responsibility of the Company.
1.2. Game server performance issues; getting root-access with OS and software shall be the responsibility of the Client.2. Registration Procedure
2.1. The Client is automatically registered in the Company's billing system upon ordering a service. All requested data has to be specified upon registration.
2.2. Registration period is unlimited. The Client can pay for services ordered at any time; however, payment shall be made in accordance with current rates.
2.3. The Company reserves the right to refuse services (with a full refund) at its own discretion until the server is activated.
2.4. The Company reserves the right to request documents confirming the identity of the Client before account activation, as well as to check the Client's data in any other way.3. Payment Terms and Server Installation, Blocking and Unblocking terms
3.1. All services are provided upon 100% advance payment.
3.2. If a payment for the next term has not been received, VPS server will automatically be blocked; it cannot be restored.
3.3.1. All the data stored on the dedicated server will be retained for 24 hours after expiration of the payment term; after 24 hours the Company reserves the right to remove the Client's data and rent the server again.
3.4. Server rental renewal and payment of the invoice for the next month's rent shall be made within 7 days before the end of the rental term for a dedicated server, and within 1 day before the end of the rental term for a VPS server. This is required in order to have enough time to return the server to the Data Center in the event of non-payment of the next month's server rent.
3.4.1. If the payment of the invoice for the next month's rent is not made within 7 days before the end of the rental term, the server will be blocked for 24 hours; afterwards, the Company returns the server to the Data Center or passes the server to other users without a chance to restore the Client’s data.
3.5. VPS/dedicated server shall be unblocked upon receipt of the full payment within 24 hours.
3.5.1. Payment term starts from the day the server was blocked, not from the day the new payment was received.
3.6. Preparing a virtual server (VPS) can take from 1 to 3 days and is performed automatically; the server will be activated only upon 100% full payment of the invoice.
3.6.1. Preparing a dedicated server can take from 1 to 5 business days.
3.7. VPS/dedicated server rental month is equal to 30 calendar days.4. The rights and obligations of the Client
4.1. Reselling the Company's services without the consent of the Client Services Division and without the formalization of the partnership is strictly prohibited.
4.2. The Client is provided with root access to the server (if one makes a corresponding request to receive it in the Control Panel) and assumes all responsibility therewith.
4.3. The Client may install and use any legal software on their dedicated and VPS server if it does not violate copyright and related rights, as well as the current legislation (depending on the country hosting the server).
4.4. The Client is obliged to monitor the conformability of all hosted materials, the used software and the content hosted on the server, and shall bare responsibility for its compliance with copyright and related rights and the norms of the current legislation (depending on the country hosting the server).
4.5. The Client is fully responsible for their public statements and actions against the Company. In the event of unprovability of any claims and/or allegations, the Company reserves the right to initiate legal proceedings.
4.6. The Client may use their server for any purpose whatsoever if the said purpose does not contradict the legislation of the country hosting the server and does not violate copyright and related rights, as well as ethical and moral standards.
4.7. All issues related to the Client's server working efficiency are only accepted through the Company's ticket system in accordance with the established procedure. All the required data must be specified upon ticket submission.
4.8. If node/host computer/IP-network of the Company has been blocked due to the Client's fault (without the explicit intent to do so), they are obliged to make a deposit in the amount of 5 USD to the Company's account in order to unblock the server. This deposit can be spent on services; however, if blocking due to the Client's fault occurs again, the deposit will not be reimbursed.
4.9. If the Client's dedicated server has been blocked due to complaints and/or other causes more than one time in a month (network scan, outbound and inbound DDOS), the Client is obliged to pay a fee in the amount of 5 USD for each subsequent time the server is blocked, except the first one.
4.10. If the Client fails to take action regarding the complaint, the Company and its Data Center reserve the right to block the Client’s account without prior notice. 5. Traffic supervision and control
5.1. The Client is obliged to monitor all the traffic generated by their VPS/dedicated server. Only traffic statistics obtained via the Company's and the Data Center's hardware and technical system are considered valid.
5.1.1. VPS speed is 100 Mbit/s (for all rates). The speed can be reduced in case of VPS usage policy violation, including hosting traffic generating projects.
5.1.2. VPS and dedicated server traffic calculation is done by calendar month, regardless of the payment date.
5.1.3. The total volume of the incoming and outgoing traffic on VPS and dedicated servers is calculated.
5.2. Increased load on the Company's Network and/or host computers causes blocking of the server without refund of prepaid services.
5.2.1. The Company and the Data Center reserves the right to block the Client's server in the event of incoming DDOS attacks.6. Prohibited Content
6.1. It is prohibited to host adult content (pornography), including links to adult content; erotic, including links to erotic content; advertisements containing erotic and pornographic scenes.
6.2. It is prohibited to host IRC services (port 6667 is closed).
6.3. It is prohibited to host data and software that contradicts the legislation of the country hosting a server (United States, Canada) or violates copyright and related rights, as well as generally accepted ethical and moral standards.
6.4. It is prohibited to host mass mailing software, spam, message submitters, botnets, grabbing, phishing etc. malicious campaigns contradicting legal activity on the Internet.
6.6. It is prohibited to host open proxy, open VPN, and other public services (including with paid or private access) that might help perform illegal actions on the Internet.
6.7. If a German Data Center receives a complaint about such projects, the Client will be sent a warning and VPS/dedicated server can be deactivated until the causes of complaint are eliminated.7. The rights and obligations of the Company
7.1. The Company's services are provided "as is". The Company reserves the right to unilaterally revise the Service Rules at any time without prior notice; the new rules shall come into effect upon publication on the Company's website.
7.2. The Company shall maintain the proper quality of host computers and remove all faults as soon as possible.
7.3. The Company shall maintain average market prices or lower.
7.4. The Company shall not guarantee 100% uptime of the Network, and host computers.
7.5. All scheduled maintenance, updates, etc. shall be conducted from 22:00 to 4:00 Moscow time, except in the event of force majeure or emergency maintenance.
7.6. The Company shall not be liable for unintentional disclosure of confidential or other information, for malicious or fraudulent activities of third parties, or for intentional obstruction of the Company's services, damage of the Company's equipment, stealing and damaging the Client's information.
7.7. The Company shall not be liable for the inability to access services due to the fault of the third parties (such as Internet Service Providers).
7.8. The Company reserves the right to temporarily stop the Client's servers for routine maintenance, as well as due to DDOS attacks or other Network attacks, and in a result of natural disasters and other force majeure events.
7.9. The Company reserves the right to charge additional fees, besides the ones listed on the website, including for operations related to unlocking the Client's servers/IP addresses that were blocked due to the Client’s fault.
7.10. The Company does not offer free technical support, excluding cases when technical support is paid for within a subscription plan or on one-time basis.
7.11. The Company shall be responsible for the access speed to the Client's resources and accessibility of the Client's resources within the Company's Data Center.
7.12. The Company's Data Center reserves the right to block the Client's servers at its own discretion if the Client has failed to timely respond to complaints and in case of causing an increased Network load.8. The Company reserves the right to block the server or stop providing services at its sole discretion, immediately and without notice in case of:
8.1. Unauthorized distribution or copying of software protected by copyright; violation of legislation of the United States, Canada, as well as other international norms and agreements; export restrictions; fraud; circulation of pornographic/erotic materials, drugs; and other illegal activities; selling or collecting e-mail addresses for mass mailings.
8.2. Mass mailings without an explicit consent of the receiver - Spam.
8.3. Frequent use of non-existent e-mail return addresses, mailbombing, sending spam to forums, guestbooks, and other online communities.
8.4. Slander, distribution of personal information, violation of copyright and related rights, violation of intellectual property rights.
8.5. Hosting adult and erotic content in any form, including links to such content.
8.6. Violation of privacy and property rights. Hosting slanderous and insulting information, aiding and abetting ethnic hatred, murder, terrorism and violence in all its forms.
8.7. The Company disclaims any responsibility for decisions made with respect to the Client in case of violation of copyright and related rights without clear evidence (notarized documents, court decisions) of the content (text and graphic content, video content, and any other non-software content) on sites/servers.
Attention! These decisions can be made by the Company's Data Center at its own discretion; the Company does not bear responsibility for above said decisions.
8.8. Obstruction of the normal and stable operation of servers, Network resources (outgoing and incoming DDOS), and general productivity of the Company.
8.9. Deliberate provision of false information or failure to confirm it.
8.10. Inappropriate communication with the Company's employees, including using profanities and spreading slanderous information about the Company.
8.11. The Company reserves the right to refuse service at its sole discretion.9. The Company assumes no responsibility for
9.1 The installed Client's software, server configuration and the consequences it may entail.
9.2 Any kind of direct or indirect damage, data loss, goodwill loss, etc.
9.3. The Company does not monitor the content on the Client's server and does not have access to it, except upon receipt of a grounded complaint from a third party.10. Guaranteed resource allocation
10.1. The Company guarantees the compliance of allocated resources with information provided on the site if it is supported by the technology used.11. Guaranteed service level
11.1. The Company guarantees the availability of host computers and OVZ nodes at the level of 99% per month.
11.2. Availability statistics are produced by external analyzers and made available to the Clients at the Company discretion.
11.3. Upon violation of 11.1, each full day (24 hours) of down time of the computer hosting the Client's VPS shall be double compensated.
11.4. Compensation shall only be made in the form of extended service subscription and cannot be paid in cash or credited to the Client's account.
11.5. The guarantee does not apply to dedicated server rental.
12.1. All purchases are final. No refunds will be issued.
12.2. Payments sent automatically are eligible for a 100% refund of the renewal amount within one (1) day of the payment being sent.13. Cancellations
13.1 Service cancellations must be placed through our Control Panel. To cancel your subscription go to the Servers page, select your server name and click the “Cancel Subscription” button.
13.2. ScalaCube does not have access to any client's PayPal account. ScalaCube will attempt to cancel PayPal subscriptions via API requests after receipt of a cancellation request, however, it is the client's responsibility to ensure any active PayPal subscriptions to ScalaCube are cancelled via their PayPal. Therefore, we cannot and will not be responsible for unintended payments made via the automatic payment subscription service.
13.3.Automatic payments via credit or debit card entered into the ScalaCube website will be automatically cancelled upon receipt and confirmation of your cancellation request.