Terms Of Service

Read the following terms before deploying a server with us. The following terms of service ("TOS") will apply to the agreement to provide service between Offdedi B.V. ("Company"), and the individual or business entity identified on the order form for said services ("Customer"). These terms, along with the Acceptable Use Policy ("AUP"), shall hereinafter be referred to as the "Agreement" between the two above mentioned parties.

1. INDEMNIFICATION POLICY

You agree to use all Offdedi B.V. services and facilities at your own risk. Offdedi B.V. specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Offdedi B.V. 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 Offdedi B.V. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Offdedi B.V., 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/to customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Offdedi B.V. against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with Offdedi B.V.'s server.
Offdedi B.V. 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 Offdedi B.V.'s server. Offdedi B.V. shall be the sole judge of what violates this Policy.

2. BILLING:

At this time we bill monthly, quarterly, semi-annually and annually, depending upon the server package.
There are no contract periods but for each successive period, your contract & service renewal invoice is generated automatically unless you submit a cancellation request.
We periodically send Payment Reminder Emails to all clients.
Invoice Unpaid Reminder : 5 days before the invoice due date.
First Overdue Reminder : 1 day after the invoice due date
Second Overdue Reminder : 2 days after the invoice due date
Third Overdue Reminder : 3 days after the invoice due date
However client must take of renewal dates themselves and renew their service on time.
Sometimes, due to technical errors, this may be possible that the payment reminder email may not be delivered to client. So, it's the duty of the client to take note of renewal dates of all his service and renew them on time. If a client fails to renew the service and if his service gets terminated, we will not be held responsible for any data loss.
If a service is NOT paid within 3 days of due date, it will be terminated on 4th Day when daily cron job of server runs (generally 9 AM but may be different or changed).

2.1 FRAUD VERIFICATION IN SOME CASES:

In case, we detect some order as FRAUD or Suspicious, we may ask you to send payment manually to our PayPal Account with following conditions :
* Choose Postal Address : No Physical Delivery Required *
* WE ACCEPT VERIFIED PAYPAL ACCOUNTS ONLY *
Client details provided to us (including email) MUST match with PayPal account Holder. Otherwise, Send us following Docs with your Order/Invoice Details to [email protected] within 24 hours.
A Valid ID Proof (Passport or License or National ID) of PayPal Account Holder Screenshot from your PayPal account showing full details of the transaction a photo of card involved in transaction (You can hide sensitive information like card expiry date, CVV etc.)
You can also submit a support ticket and attach your document with the ticket. If you do NOT submit above documents within 24 hours, your order will be canceled & payment will be refunded.
We DO NOT STORE these documents and they are deleted immediately after your order verification.

2.2 LATE PAYMENTS AND LATE FEES:

All accounts are billed according to the dates they were first activated on. We generate all invoices 10 days before the due date.
If you will not pay for service on your due date, your account will be suspended on the next day of your due date.
If you will not pay for service renewal in 3 days after your due date, system will assume that you're NOT interested in renewing your account and in that case, your account will be terminated on 4th Day.
All data will get deleted and the server space will be re-used for some another client. Client will be responsible for any data loss due to such suspension or termination as it is performed automatically by system if services are unpaid.
We charge 10% LATE FEES after 5 days of payment being overdue if the service is not terminated yet and if it's possible to renew it. If you account/order is terminated or cancelled, you will need to make a fresh order.

3. REFUND POLICY:

We offer unconditional 3 Days full Moneyback Guarantee on all of our VPS packages. However moneyback guarantee and refund is not available for dedicated servers.
If you are not satisfied with our services and wish to cancel your service, you must submit your cancellation request within first 3 days of your purchase/activation to get a full refund. All refund requests made after first 3 days of purchase/activation will NOT be processed.
In case, we refuse to host your website or suspend/terminate your account permanently, we will provide you a full backup.
All payments for VPS will become non-refundable after 3 days account activation period. This includes any one time setup fee and subsequent charges regardless of usage.
All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred and they should be reported directly to us.
3 days money back guarantee is NOT applicable for dedicated server, Domain Registrations & any product like license, upgrades, addons, additional IP, KVM etc. and they are NOT refundable.
Payments for Upgrades, Addons, Setup fees and Domain Registrations are NOT refundable.
We reserves our right to deny a refund request or provide a partial refund.
Only One Refund is applicable per client. Once a client has been refunded for one of his services, he can NOT claim for refund on another services. Any Credit balance in Client's Area is NOT eligible for refund. It can only be used for purchasing new services or paying any existing/upcoming invoices at our website.
If we are NOT able to refund client's payment via payment gateway due to any reason, refunds will be posted as credit to the client's account.
If you downgrade any service, we don't provide any credit-back or refund. Only your billing will be updated so that you will be charged as per new price from next billing cycle.
If you violate any point of our Terms of Service, you will NOT be eligible for any refund.
All refund/reversals will be made via the same payment method using which you have paid us.
All refund requests will be processed within 24 hours from our end. Your bank may take 3-4 working days to credit the refunded amount.
Customers signing up for the sole purpose of getting a refund would be classified as people misusing our refund policies. We have found out that people suspended on other hosts for resource abuse/spam etc. signup under the Money back guarantee and try to overload our servers too. This is against the TOS and as below, no refunds will be issued in such cases. Also such people just need a place to dump their data at times and just misuse the refund policy for temporary hosting. We will evaluate if such misuage was done before processing any refunds on all accounts. Accounts found guilty would not be entitled for a refund.

4. ACCEPTABLE USAGE POLICY:

All services provided by Offdedi B.V. may be used for lawful purposes only. The laws of the Estonia/Netherlands (depending on the server location) and EU apply. Transmission, storage, or presentation of any information, data or material in violation of any EU Country, State or City 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 other statute. The subscriber agrees to indemnify and hold harmless Offdedi B.V. 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.

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 the materials. Accounts suspended due to content or ToS/AUP violation are not refunded under any circumstances.

The following acts will be considered violations of the AUP:

4.1 Illegal Use

includes, but are not limited to:

Using the service in any way which violates Estonia or EU - State, Local, or International law.
Transmitting copyrighted material without authorization from the copyright holder
Violating export control regulations
Copyrighted media, without authority to distribute or display
File Storage/Image Hosting/File Repository/Streaming/Backup
Child pornography or kidnapping material

4.2 Malicious Activity

includes, but are not limited to:
Willfully interfering with the regular operation of the Service
Attempting to access any unauthorized system or services
Hosting any deceptive material for the purposes of phishing
Running any password cracking software
Virus, Spyware, Malware, or other infectious material
Running root exploit kits against other servers
Distributing viruses, worms, or Trojan horses
Forging or misrepresenting message headers in whole or in part
Scanning networks
Threatening or encouraging bodily harm or destruction of property
Violating of the rights of privacy or publicity of an individual

4.3 Promotion of Illicit Activity

includes, but are not limited to:
Any activities prohibited by Estonia/EU - State, Local, or International law
Any activities which result in the spread of computer viruses or other damaging programs or data files
Any activity or Material protected by trade secret or other statute
Fraudulent activity, phishing, pyramid schemes, chain letters, forgery, or impersonation
Terrorist propaganda, racist material, or bomb/weapon instructions
Hacking, Cracking programs or key generators
Gambling
Circumvention of copyright or patent protection
Exposure of any trade secret

4.4 Unsolicited Bulk Electronic Mailing

includes, but are not limited to:
Transmitting any unsolicited commercial e-mail
Transmitting any unsolicited bulk e-mail
The Subscriber agrees to send bulk electronic mail only to those who have specifically requested to receive such mail and comply with all Estonia - State, Local, and International laws governing the transmission of electronic mail.

4.5 Spamvertising and Related Activities

includes, but are not limited to:
Posting commercial, political, or advertising posts to public forums
Issuing unsolicited trackbacks for the purpose of promotion
Providing DNS resolution in support of Unsolicited Bulk Electronic Mailing
Hosting a destination site linked from Unsolicited Bulk Electronic Mailing

4.6 Abuse

includes, but are not limited to:
Consistent overuse of shared resources to the detriment of other Subscribers
Operating an open proxy server or using the Service as part of a proxy network
IRC and associated programs
Scripts commonly used for abuse, attacks, or flooding
Threatening, harassing, or obscene content
Any proxies which do not require authentication (including open or unprotected anonymous web surfing/mail proxies etc.)

4.7 Insufficiently-Secure Administration

includes, but are not limited to:
Use of a null password, dictionary word as password, or any other form of authentication lacking reasonable secrecy from a third party as part of a root or user-level authentication scheme
Allowing an unauthorized third party to establish root access to Service provided by the Service Provider
Allowing an unauthorized third party to establish user-level access to Service provided by the Service Provider
Operating an open mail relay

4.8 Miscellaneous

Operating an Internet Relay Chat (IRC) server
Denial of Service Attacks (DOS/DDOS)
Any Spamming/Phishing or Hacking/Port Scanning/DDoS and CAMFROG related services
Unnecessary Port Scans
Mail Bombing
Excessive CPU Load
Abusing Server Resources
The client make sure

NOT to Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
NOT Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
NOT Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
NOT Run any software that interfaces with an IRC (Internet Relay Chat) network.
NOT Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
NOT Participate in any file-sharing/peer-to-peer activities
NOT Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
NOT Run cron entries with intervals of less than 15 minutes.
NOT Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")
To help reduce usage, do not force html to handle server-side code (like php and shtml).
Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

4.9 Banned Scripts and programs:

The following scripts and programs 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.

IRC egg drops/Scripts/Bots
Proxy Servers/Scripts/Anonymizers
Mail bombers
Anonymous mailers
IP and Port spoofers/Scanners
Hivemail/Mailer Pro
Telnet or SSH Access Scripts
nph-proxy (and other scripts which operates like proxy)
UBB (Ultimate Bulletin Board, all versions)
lstmrge.cgi
PHP/CGI Shells or Hacking Tools
FormMail.cgi, FormMail.pl from Matt's Script Archive are not allowed.
Pirated Software/Warez
Image Hosting Scripts (e.g similar to Photobucket or Tinypic)
AutoSurf/PTC/PTS/PPC sites
Bruteforce Programs/Scripts/Applications
Mail Bombers/Spam Scripts
Banner-Ad services (commercial banner ad rotation)
File Dump/Mirror Scripts (similar to rapidshare)
Commercial Audio Streaming (more than one or two streams)
Escrow/Bank Debentures
High-Yield Interest Programs (HYIP) or Related Sites
Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
Sale of any controlled substance without prior proof of appropriate permit(s)
Prime Banks Programs
Lottery/Gambling Sites
MUDs/RPGs/PBBGs
Hacker focused sites/archives/programs
Sites promoting illegal activities
Fraudulent/Phishing Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
Broadcast or Streaming of Live Sporting or Copyrighted Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
Child pornography
Anything that sends unsolicited/Junk/spam emails

4.10 Torrent Activities:

Public and Private both kind of Trackers are allowed.
It's allowed to use public and private trackers for torrent activities including leeching, downloading or seeding etc. The content of torrents or torrent activities will be subject to this Acceptable Usage Policy (AUP).

4.11 DDoS or Attack Prevention:

Our Services come with a basic level ddos protection. You should harden your VPS/server security with firewall, antivirus and other applicable softwares to get a better protection against DDoS attacks. Please note the following policies in case of an incoming/out going attacks via your VPS/Server.

INCOMING ATTACK on your VPS/Server :

1st Incident : Your IP will be null-routed for 24 hours or more and it can be reactivated if we think attack is stopped.
2nd Incident : If the attack comes again, we may null-route your IP for 72 hours or more and it can be reactivated if we think attack is stopped.
3rd and final incident : If the attack still continues, we will close your VPS/Server and provide you a way to backup your data. We may also decide to stop providing any new services to you or close your account permanently in case of frequent attacks on your services.

OUTGOING ATTACK from your VPS/Server :

We strictly DO NOT allow such activities on our network including but NOT limited to DDoS/other Attacks, port scanning, hacking/cracking activities etc. If we found your services are involved in such activities, it will be suspended immediately and it may be closed permanently depending upon severity of the attack/issue. 5. Fair Usage Policy: All of Our Services with unmetered/unlimited bandwidth are subject to this fair usage policy.

5.1 DATA USAGE

Unmetered Bandwidth does not mean infinite data usage. 1Gbps unmetered FUP = unmetered bandwidth on 1Gbps port for fair usage. Any streaming/cdn/high port uplink using applications are NOT allowed. If your monthly bandwidth cross 100TB or 300 mbps on 95 percentile method, we may limit port speed to 100mbps till reset of billing cycle unless you opt for paid upgrade (1Gbps True Unmetered 24x7 = +29 Euros/m extra)
In some cases, if we feel bandwidth usage is high, we can upgrade Bandwidth option from 1Gbps unmetered FUP (No Streaming) to 1Gbps True Unmetered 24x7 (streaming allowed). In such cases, client will have to pay the fees for upgrade for current month and will have to renew at new pricing.
Since all of our services operate under shared environment, therefore clients are expected to use a fair share amount of bandwidth and don't overload server resources.
We regularly monitor bandwidth usage pattern of clients and any abusive usage of bandwidth will result in immediate suspension of services. If we classify your usage as abuse, your services may be immediately suspended and you may be denied to provide any more services in the future.
No Refunds will be applicable in such cases of Breach of FUP.
We strictly do NOT allow Video/Audio streaming or any such high bandwidth usage applications with 1Gbps unmetered FUP (No Streaming). You have to buy server with 1Gbps True Unmetered 24x7 (streaming allowed) option for such high bandwidth usage applications.

5.2 PORT/UPLINK USAGE

All VPS host nodes have a dedicated uplink shared among multiple clients generally between 10-12. Therefore, you can NOT expect all the speeds of uplink/port for yourself all the time.

5.3 FAIR USAGE OF SERVICES

All users will properly use the assigned resources in a fair manner without interfering other users in the same environment, otherwise, Offdedi B.V. has every right to regain control of the abused resource from users without prior notice. Offdedi B.V. will NOT be liable nor responsible for any customer/user loss out of this arrangement, and there will NOT be any refund of customer paid fee.
Users of all services agree NOT to interfere with other users in an unfair or malicious manner such that other users are not able to receive due level of services. In all services, the word "unlimited" refers to an "unmetered" usage, and subject to this Fair Usage Policy. Offdedi B.V. reserves the right to impose restrictions of various sorts to ensure a fair usage amongst the user community without prior notice, to existing and new users, and upon repeated warnings, suspend and/or terminate offending users.

6. SERVICE SUSPENSION AND REACTIVATION

Any client abusing server resources or violating ToS/AUP will be suspended immediately and will be charged between $2 to $25 Service Re-activation Fees depending on type of abuse and previous number of suspensions for that client. All such accounts will be re-activated only after receival of Service Reactivation charges. We reserve the right to deny any request for re-activation after/before payment of service reactivation charges to maintain server stability. We reserve the right to terminate a client's account without his prior permission or without contacting him for any reason including but not limited to any kind of server abuse, multiple suspension of client's account due to breach of ToS/AUP etc.

7. ABUSE PREVENTION POLICY

Offdedi B.V., may at its discretion, suspend or terminate service of any client that is abusive/harassing to our employees. Examples of such activity include, but are not limited to;
Verbal abuse including but not limited to cursing, yelling, threatening, etc.
Ongoing disregard for warnings or notices
Consistent mistakes/errors/changes causing unnecessary workload
Spamming our email addresses, ticket systems, or servers
Continuous involvement in flood/DDOS activity, hacked services, or other ongoing
non-permitted usage
Consistent late payments or responses
Issuing a chargeback or bouncing a payment
Continuous activation of problematic end-users
Activity which affects the service(s) of other clients
Open disputes with payment gateways/banks without having a full discussion with our Billing/Support team
Cancelling your current account and re-ordering new account just to get new PROMO Discount/Plan

7.1 DMCA / Copyright / Report Abuse Policy

We do not entertain any DMCA notices or complaints as DMCA is not our law. If any party have dispute over copyrighted content hosted on our infrastructure, they can send us copyright infringement complaint as per applicable laws of Netherlands. However, we can not work as a arbitrator in such case of dispute, hence can not take down the disputed content. We can only forward the complaint to the client. To take down any content or website or part of our infrastructure, we need an order of a court of law or concerned legal authorities.
To report any kind of abuse, use our webform located HERE or email to [email protected] . We will forward complaint to concerned client

8. BACKUPS and DATA LOSS

Your use of this service is at your sole risk. We don't provide any kind of backups system/service. You must take your own backup manually by yourselves. We are not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers. We are NOT responsible for any kind of Data Loss caused due to any reason.

9. PRICE CHANGE

The amount you pay for your service will not increase from the date of purchase in the current billing cycle, however prices may be increased from next billing cycle. We reserve the right to change prices listed on our websites, and the right to increase/decrease the amount of resources given to plans at any time.

10. Changes to the TOS

We reserve the right to revise its policies at any time without notice.

11. LIMITATION OF LIABILITY:

Offdedi B.V. shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Offdedi B.V. servers going off-line or being unavailable for any reason whatsoever. Furthermore, Offdedi B.V. 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 Offdedi B.V. servers. All damages shall be limited to the immediate termination of service.

12. DISCLAIMER:

Offdedi B.V. cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by Offdedi B.V. are resold. Thus, certain equipment, routing, software, and programming used by Offdedi B.V. are not directly owned or written by Offdedi B.V.. Moreover, Offdedi B.V. holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Offdedi B.V. sees fit. FURTHERMORE, Offdedi B.V. retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.
By purchasing any of our services, you already agree to this Terms of Service (ToS) Agreement. If you don't agree to these services, either don't purchase any service or if already purchased, immediately cancel it. No refund will be processed in such case.
Date : 19th August 2018