There are separate "Cloud Servers Terms of Service" and "Dedicated Server Hosting Terms and Conditions" (DSHTC) published in ServerWhere's https://www.serverwhere.com/terms-of-service.html section. By pleasing an order with ServerWhere you agree with them.
General Terms and Conditions (GTC)
ServerWhere (SW) provides Cloud Servers and Dedicated Server Hosting And Services (also called "Services" in these General Terms and Conditions) to customers from own Colocation data centers in the U.S. and Europe and from third party data centers, where the company has presence as tenant. These General Terms and Conditions (GTC), also called "General Agreement", "General Infrastructure-as-a-Service (IaaS) Agreement", or "General IaaS Agreement" are designed to regulate the process of designing and providing the highest level of service available for Cloud Servers and Dedicated Server Hosting And Services delivered from SW's own data centers. If Customer has opted for Cloud Servers and Dedicated Server Hosting And Services delivered from 3rd party facilities, other terms may apply in addition to this General IaaS Agreement.
1.1 Customer may request Cloud Servers and Dedicated Server Hosting And Services from ServerWhere.com by placing a Service Order (also an Online Service Order). Unless there is anything else specified in a separate Agreement or in a Service Order signed both by Customer and SW, ServerWhere shall provide Cloud Servers and Dedicated Server Hosting And Services to the Customer as stated in these General Terms and Conditions (GTC).
1.2 Customer may place an Online Service Order though SW Account Management And Customer Service Portal at https://www.ServerWhere.com/servicecenter/. The portal is secured by SSL certificate, issued to ServerWhere (SW).
1.3 Customer can choose a Cloud Servers and Dedicated Server Hosting And Services from different virtual or hardware configurations. Each hardware configuration can be customized if the Customer clicks on a selected Cloud of Dedicated Server plan. An Online Service Order is considered as 'Placed' or 'Submitted', when Customer has created account in the system and has created a record for the Online Service Order in SW's Account Management And Customer Service Portal at https://www.ServerWhere.com/servicecenter/.
1.4 All Online Service Orders submitted by Customer through Account Management And Customer Service Portal at https://www.ServerWhere.com/servicecenter/ are bound by an annual contract (1 year contract), unless Customer has specifically opted for another service term in the customization field Contract, located at the top of the Online Service Order.
1.5 An Online Service Order for Cloud Servers and Dedicated Server Hosting And Services bound by annual contract, can be amended by the Customer, though a separate Online Service Order Amendment document or through an "Amend Online Service Order" (also called "Order Amendment") request sent by the Customer through Support Ticket, at https://www.ServerWhere.com/servicecenter/. The "Amend Online Service Order" document request shall be submitted to SW before the requested Cloud Servers and Dedicated Server Hosting And Services are provisioned to the Customer.
1.6 Each Order Amendment document request sent after the Cloud Servers and Dedicated Server Hosting And Services are provisioned to the Customer is a subject to an administrative Service Order Amendment Fee fee, equivalent of $100 and paid in BTC or in another cryptocurrency. Upon payment of the Service Order Amendment Fee, SW will review the request and will offer the Customer a procedure to amend of the Online Service Order. However, Customer acknowledges that SW may refuse to amend any Online Service Order, if the Customer's request is in violation of these General Terms and Conditions (GTC).
1.7 SW's guarantees specified in Section 7 "Hardware, Hardware Replacements And Maintenance", which cover hardware, replacements of faulty parts and components and hardware maintenance in case of any failure of a physical machine, specified in these General Terms and Conditions (GTC), regulate the "Dedicated Server Hosting And Services" purchased, through an Online Service Order, in section "Dedicated Hosting" of https://www.ServerWhere.com/..
2.1 One year contract (12 month service term) applies to all Online Service Orders for Cloud Servers and Dedicated Server Hosting And Services, unless Customer has chosen any other service terms in the Online Service Order form.
2.2 SW will start collecting Fees on Cloud Servers and Dedicated Server Hosting And Services from the Billing Start Date and Customer will be liable for Fees for the full contract term specified in each Service Order, Online Service Order or Phone Service Order. Customer shall pay in full all invoices issued in Customer's Account at https://ServerWhere.com/my/ in the currency specified in the Service Order before the Services are activated for the first billing period and before the Due Date of the each subsequent Invoice. Interest shall be added to each Invoice on the Due Date at the lower of two and a half per cent (3.25%) per month. Unless otherwise agreed, SW will invoice customers of Cloud Servers and Dedicated Server Hosting And Services monthly, quarterly, semi-annually or annually in advance for all recurring Fees and at the end of the each 30 day service period for usage-based or non-recurring Fees. Fees will be listed on Service Orders, except for Online Service Orders, which will be subject to SW's list price unless otherwise, agreed with the Customer.
2.3 If the amount of any invoice or any part thereof is disputed by Customer in good faith (a Disputed Amount), then Customer must submit a written notice with reasonable supporting documentation within thirty (30) days of the date of the initial invoice on which the Disputed Amount appears, failing which Customer waives all rights to dispute such Disputed Amount and to file any claim. The Parties will work together in good faith to resolve the Disputed Amount within thirty (30) days after receipt of Customer's notice.
2.4 If Customer's account is past due two (2) or more times in any twelve (12) month period, SW may charge Customer a deposit of two (2) months of the then-billable Fees to be held, without interest (the Deposit). SW may deduct amounts due from the Deposit and will return or credit any remainder upon termination.
2.5 If Customer has continued to use the Cloud Servers and Dedicated Server Hosting And Services on a monthly contract, after the initial term a renewal contract has expired, SW may increase the monthly service fee at any time by any amount, in its sole discretion, on seven (7) days advance notice.
2.6 Customer acknowledges that if one has submitted Cancelation Request, but subsequently continued to use the Services, after the cancelation date, due to miscommunication with SW or for any other reason, without informing SW, about that, ServerWhere has a right to charge Customer's Account, the applicable recurring monthly service fees.
3.1 SW (ServerWhere) provides Cloud Servers and Dedicated Server Hosting And Services to customers from its own and from 3rd party data centers, where the company has presence as tenant. If the Services are provided from 3rd party data center centers, additional terms, rules or guidelines may apply.
3.2 After a Customer submits an Online Service Order or a Service Order, SW will start reviewing it. The Order acceptance and approval procedure would take up 48 hours. As a part of the acceptance procedure SW may request the Customer customer to review and sign an "IP Address Request And Justification Form", if applicable. We may ask for a scanned copy of any ID document in order to verify the identity of the Customer (New Account Holder) who has submitted an Online Service Order. If for any reason, you have any privacy worries, SW might apply alternative procedures to verify your identity.
3.3 Customer acknowledges that SW shall be considered as a provider of computing capacity, in accordance to these General Terms and Conditions (GTC). SW may not be hold liable for the content or data hosted on a Customer's dedicated server computing instance.
3.4 All services provided by ServerWhere must be used for lawful purposes only. Any transmission, storage of information, data in violation of any national or international laws is prohibited. This includes, but is not limited to: copyrighted material, information we judge to be threatening or obscene, data that jeopardizes security of the United States or any European Union member country, or material protected by trade secret or other laws. Customer agrees to indemnify and hold harmless ServerWhere, from any claims resulting from the Customer's use of SW's Services to damage it's own interests of any third party.
Examples of prohibited content include, but are not limited to: Pirated software, Hacking sites, programs or archives, Warez Sites, Distribution of music, video files or any other material in which the account holder does not own the copyright, IRC Software.
3.5 Hosting or conducting activities such as IRC; Egg Drops; BNC; IRC bots; Proxies; PortScanning; Mass Mailing, sending unsolicited email or hosting Mailing Lists, which are not Opt-inn confirmed is considered a violation of the Dedicated Server Hosting Terms And Conditions.
Hosting, marketing, advertising, transmitting, or otherwise making available any code, software product, or service designed to violate SW's Acceptable Use Policy (AUP) or the AUP of any other Internet network or ISP, which includes, but is not limited to, the facilitation of the means to Mass Mailing, pinging, flooding, mail-bombing, text-bombing, unsolicited bulk text messaging or denial of service attacks is prohibited.
3.6 Operating a SW Account, a Cloud Server, Dedicated server or a computing instance on behalf of, or in any connection with a persons or entity listed in the Spamhaus and Spamhaus ROKSO database is prohibited. A minimum penalty fee of $350, charged in cryptocurrency, is imposed to Customer's account in violation of this term.
3.7 Customers of SW's Cloud Servers and Dedicated Server Hosting And Services are prohibited from promoting, advertising or making claims related to the following services hosted on Cloud Servers, Dedicated Servers and computing instances part of SW's infrastructure: Illegal or unlawful activity; Services intended to defraud, scam, defame, attract or persuade others into an unlawful activities; Abuse of a dedicated server or computing instance including, but not limited to: a) Logging into an instance or account that you are not authorized to access; b) Taking an action to obtain services or accessing data, not intended for you or your use; c) Attempting to scan, test, explore or examine a vulnerability of any computing instance, appliance, system, or network; d) Interfering in order to cause damage, modifying, hacking or otherwise changing or breaching security or authentication measures without proper authorization; e) Transmitting any code or material that contains computer viruses or malicious software programs or applications of any kind; f) Obstructing, accessing or taking away from its owner any system, data or piece of information, or interfering with service to any user, host or network including, without limitation, by means of exploring, overloading or harming any computer system.
Customer is responsible for all actions performed by one's Account, Cloud Server or a Dedicated Server, whether it would be done by the Customer or by others.
ServerWhere will decide on its sole discretion what kind of material constitutes a violation of this 'Provisioning And Content'. If we find a content that does not meet these standards it will be removed without prior notice to the subscriber.
4.1 SW's customers are responsible to choose a security question or to select a procedure to be used for Account authentication. It the Customer's responsibility to protect the personal data used to authenticate or access one's account, dedicated server or a computing instance. SW shall not be hold liable for any security breaches damages, direct or indirect, that result from unauthorized account access, password compromise or hacking.
5.1 SW's provides support to Cloud and Dedicated Server Hosting customers in the Service Center (accessed through username and password at https://www.ServerWhere.com/my/). The Technical Support is limited to the customer, its employees or representatives who have a profile and contacts in Customer's Account. The clients of SW's Cloud Servers and Dedicated Server Hosting And Services customers are not eligible to receive direct Technical Support, unless other is specified in a contract or in a Service Order.
5.2 Support operators on shift or any SW employee, may not be hold liable or accountable for any delays or a lack of response on requests sent by instant messaging client, email or reported over the phone. If the Customer does not have an access to one's Account at https://www.ServerWhere.com/my/, at the time Customer has reported an issue or requested support, the Customer is responsible to request a Support Operator to open a ticket on one's Account, to participate to the ticket and to continue the communication with SW's Support inside this ticket.
5.3 SW in accordance with its Service Level Agreement, Section 2. Glossary, sub-section Hardware (Equipment, Devices) issues a principled commitment that to return the physical dedicated server back online within five (5) hours if the damage happens, during the regular business hours of 9:00 am to 5:00 pm on weekdays. Failure to restore the server within this five (5) hour period will result in a credit to Customer's account which can not exceed thirty times the amount of forced interruption.
5.4 If a Support Ticket in status Emergency, or any other status, is opened to address an interruption of services or a downtime on the server caused due to mismanagement or negligence by the Customer or any of its authorized employees or agents, the guarantees provided in sub-section 5.3 of the General Terms and Conditions (GTC) shall not apply and SW might not be hold liable for the interruption of the services.
5.5 Unless other is specified in a Service Order or written document, SW provides 'Best Effort' Support to its Dedicated Server Hosting customers. 'Best Effort' Support means that SW's Support Operators will do their best to respond promptly to Support Tickets and that the Data Center Technicians will provide their best effort to address any issues on a dedicated server. Although that we usually prioritize any Support Tickets, depending of the request, 'Best Effort' Support does not come with any estimated time of the service delivery and vary depending on the Operations schedule. No warranties or guarantees are provided on 'Best Effort' Support.
5.6 In case of a Customer's request for installation, troubleshooting, remote hands or management services on one's dedicated server, which are not part of the Dedicated Server Hosting Terms and Conditions (DSHTC) published at https://www.serverwhere.com/terms-of-service.html, SW will charge the Customer a Management Service fee of 0.011 BTC per hour.
6.1 SW's dedicated servers are connected to 1 gigabit or 10 gigabit physical ports, through a single ethernet interface, unless any other type of networking interface is requested by the Customer. Each dedicated server has certain metered data transfer allocation, specified in the Service Order (or Online Service Order). All Internet traffic above the allocated quota is charged at certain rate per used mbps, available to Customer in the Online Service Order or specified in a Service Order.
6.2 SW provides bundled Internet data transfer (Bandwidth) to its Cloud Servers and Dedicated Server Hosting And Services customers. Both incoming and outgoing Internet Data Transfer, within a 30-day service cycle (28-day service cycle for Cloud Servers), are used to calculate your bandwidth usage. SW uses 95-percentile Rule to charge for the burstable bandwidth usage, above the allocated data transfer quota.
6.3 Dedicated server Customer may be provided with access to a Bandwidth Graph Account to monitor Internet traffic usage (bandwidth usage). Bandwidth Usage for each Dedicated server and network port is measured both from a Switch and a Router and is recorded in a log file. The bandwidth is recorded every 5 minutes.
6.4. The Customer must pay attention to the Peak traffic usage statistics in each network port, displayed inside the Bandwidth Usage Account. If the number Peaks on any network port exceed 35 hours per month, an overage bandwidth usage is calculated on Customer's Account and is payable at the end of the service period. At the end of each service month, SW sorts the Internet data transfer samples from highest to lowest, and the top 5% of data is not calculated. The next highest measurement becomes the billable use for the entire month.
6.5 The only valid overage bandwidth or data transfer measurement is the one recorded in SW's Bandwidth Graph system. It is Customer's responsibility to request an access to one's data transfer usage statistics. Customer acknowledges and accepts that the data transfer usage data provided by SW is legitimate even if SW's has missed to provide the Customer with login credentials to access Customer's Bandwidth Graph port(s). A lack of Customer access to Bandwidth Graph Account is not a justified reason for the customer to refuse to accept any bandwidth usage data provided by SW.
6.6 Customer acknowledges that SW will consider as legitimate and in compliance with this General Terms and Conditions (GTC) only the bandwidth and data transfer usage statistics, recorded in SW's Internet data transfer monitoring system. SW will not accept any data, measured by 3rd party data transfer (bandwidth) monitoring and measurement systems, including by one which has been installed by the Customer on Customer's equipment, hosted in SW's data centers.
6.7 It is Customer's responsibility to make oneself known with the 95-percentile billing rule and to understand how does it work. A lack of understanding about how the bandwidth billing works, lack of access to a Bandwidth Graph Account, Customer's lack of reasonable care to monitor the data transfer usage, mismanagement or negligence, shall not be considered as justified reasons, for the Customer to refuse to accept any bandwidth usage statistics provided by SW.
6.8 A Customer who uses a Content Delivery Network (CDN) Bandwidth, provided by a third party is responsible for all bandwidth costs associated with delivery of the CDN service.
7.1 Dedicated Server Hosting And Services delivered through physical servers, hosted in SW's own data centers and provisioned to Customer are bound by '8 hour Replacement guarantee', described in Section Hardware (Equipment, Devices) in the SW's Service Level Agreement (SLA). '8 hour Replacement' mean that, during the standard business hours (Monday to Friday, excluding public holidays), SW has an obligation to replace any failed hardware component on Customer's physical Dedicated Server or to provision a new physical server with a similar hardware configuration and/or computing resources, as temporary replacement, to the Customer, within less than 8 hours.
7.2 If for any reason ServerWhere cannot cover the 8 hour Replacement guarantee, the Customer is eligible to receive a credit of up to 100% of the service fee paid for the Services, for the service month when the incident happened. If, for any reason, the Customer experiences an interruption of the services, which significantly exceeds 5 hours, ServerWhere may, on its sole discretion, compensate the Customer, by reducing the monthly fee any subsequent service months.
8.1 SW will make any reasonable efforts to provide an interrupted Cloud Servers and Dedicated Server Hosting And Services in accordance with this Agreement. Customer acknowledges that from time to time the Services might be not be accessible or not able to be operated for various reasons, such as scheduled maintenance procedures or upgrades ("Scheduled Interruption of Services" or "Scheduled Downtime"); a hardware or network failure to function normally, and causes beyond SW's control or which are not reasonably foreseeable by SW, including any interruption or failure of telecommunications or Internet data transmission links, network attacks, network congestion or any other failures.
8.2 SW will provide Customers with 24-hour advance notice for any Scheduled Maintenance which would result in a Scheduled Interruption of Services, and will make reasonable efforts to reduce any downtime, disruption, inaccessibility or unavailability of the Dedicated Server Hosting And Services.
8.3 Customer acknowledges that SW shall not be hold liable and has no responsibility for any Interruption of Services or Downtime, result of Customer's or Customer's representatives actions.
8.4. Customer understands and accepts that the advertised 100% network uptime, SLA guarantee, apply to SW's networking devices, not to Customer's Dedicated servers or computing instances.
9.1. All Cloud Servers and Dedicated Server Hosting And Services are bound by one year contracts, unless Customer did not choose any other contract term in the Online Service Order or different contract term is not specified in an Online Service Order.
9.2 All service fees, including any setup fees paid for the Services are non-refundable. Customer acknowledges that NO refunds will be issued for Cloud Servers and Dedicated Server Hosting And Services that have been provisioned and used, except if SW failed to provide the services in accordance with these General Terms and Conditions, which resulted in a violation of this Agreement, documented by Customer and further accepted by SW. Any Customer claims for refunds for a contracted Cloud Servers and Dedicated Server Hosting And Services, not supported by proper documentation, which clearly identifies SW's violation of these Terms And Conditions, will not be honored.
9.3 Customer is eligible to receive a refund on accounts, based on one year Service Orders, equivalent of 11 service months, if the Cloud Servers and Dedicated Server Hosting And Services have not been provisioned and activated. All setup fees and the monthly fee for the first service month are non-refundable.
9.4 Cloud Servers and Dedicated Server Hosting And Services are considered Provisioned and the Service Order and services are considered activated automatically, after SW has sent Welcome Mail message to Customer directly through e-mail or inside Customer's account at ServerWhere.com/my/ or after the customer's main host IP address is accessible through Internet.
9.5 Any violation of SW's General Terms and Conditions (GTC) shall result in no refund.
9.6 Cloud Servers and Dedicated Server Hosting And Services can be canceled by Customer at any time after the Customer has paid all the invoices due in accordance with one's contract, and submitted a proper request for cancelation, as described in this Agreement.
10.1 These General Terms and Conditions will commence on the Start Date (Billing Start Date) and will terminate on the date the last Service Order then in effect expires or is terminated. A termination of this Agreement shall terminate all Service Order(s).
10.2 Either Party may terminate these General Terms and Conditions and Conditions by giving written notice to the other Party if the other Party breaches any material term or condition of this Agreement and fails to cure such breach within twenty (20) days after receipt of such notice. If Customer fails to cure a monetary breach, Customer will be responsible for all collection costs including reasonable attorney fees. If the breach cannot be cured within twenty (20) days, the breaching Party shall be given a reasonable period of time, but not to exceed thirty (30) days after receipt of the notice, to cure the breach, provided that the breaching Party acts promptly and diligently to cure such breach.
10.3 Either Party may terminate this Agreement immediately upon giving written notice to the other Party if such other Party becomes unable to pay its debts as they become due, ceases to do business, enters into a deed of arrangement, undergoes judicial management, commences the process of liquidation, has a receiver appointed or begins winding up or similar arrangements.
10.4 Without limiting SW rights under Section 10 (10.2), SW may suspend the provision of the Cloud Servers and Dedicated Server Hosting And Services, deny access to and the removal of any Customer's Equipment from any SW's Colocation center, if Customer fails to cure any monetary breach of these General Terms and Conditions within twenty (20) days after notice of the same (or within five (5) days after notice of the same in the event Customer's account is past due on two (2) or more occasions during a twelve (12) month period).
10.5 SW may suspend the use of Cloud Servers and Dedicated Server Hosting And Services if (a) Customer or Customer's Equipment interferes with SW's operation or maintenance of the SW's data center or with one or more of SW other customers' use thereof, and within a reasonable time, not to exceed two (2) hours after being notified by email or phone, Customer fails to (a) cease such interference; (b) provide a plan acceptable to SW to cease such interference; or (c) authorize SW to take action to cease such interference (billed at Managed Service rates); or (d) in SW reasonable judgment Customer or Customer's Equipment has the potential to interfere with SW's operation or maintenance of the SW's data center or with one or more of its other customers' use thereof, and within a reasonable time, not to exceed forty-eight (48) hours after being notified by e-mail or phone, Customer fails to (e) resolve such potential interference; (f) provide a plan acceptable to SW to resolve such potential interference; or (g) authorize SW to take action to resolve such potential interference (billed at Managed Service rates). If SW suspends the use of Services pursuant to this Section 10 (10.5), unless SW has subsequently terminated this Agreement as permitted under these General Terms and Conditions (GTC), SW will reinstate use of Services as soon as reasonably practical after it is reasonably satisfied that Customer has cured the breach(es) which gave rise to the suspension; and SW may charge a reinstatement fee. Further, SW may terminate these General Terms and Conditions if Customer's breach referred to in this Section 10 (10.5) continues for at least seven (7) days or occurs more than three (3) times in any twelve (12) month period.
Authorized Person: Each person included on the most recent list of Authorized Persons given to SW by Customer in accordance with SW then-current form and procedures, who may be authorized by Customer to, for example, access an SW data center, place Service Orders on an SW customer care website or act as Customer's shipping contact.
Affiliate: As to a Party, any entity controlling, controlled by, or under common control with such Party, where the term "control" and its correlative meanings means the legal, beneficial or equitable ownership, directly or indirectly, of more than fifty percent (50%) of the aggregate of all voting equity interests in an entity.
Agreement: The meaning given to such term in the relevant Service Agreement into which these General Terms and Conditions (GTC) are incorporated.
Fees: Charges and fees for Cloud Servers and Dedicated Server Hosting And Services charged to Customer by SW.
SW Data Center: The International Business Exchange Centers in which Customer receives Dedicated Server Hosting And Services from SW pursuant to an Service Order.
Dedicated Server Hosting: The physical dedicated server or virtual dedicated computing instance provisioned or made available to Customer with permission to access and use, under the Dedicated Server Hosting Terms and Conditions (DSHTC), and as identified in a Online Service Order or a Service Order. For each Dedicated Server Hosting, SW will determine at all times the exact location in the SW data center where the Dedicated Server will be located.
Service Order: An Service Order for Cloud Servers and Dedicated Server Hosting And Services prepared by SW, or an amendment to a Service Order, which is incorporated into this Agreement by reference; that describes the Services. Service Orders are not valid until signed by both Parties, except for Online and Phone Service Orders. SW is under no obligation to accept a Service Order.
Online Service Order: An Service Order submitted through https://www.serverwhere.com website or by email, considered as effective only after SW accepts it in accordance with SW procedures.
Phone Service Order: An Service Order placed over the phone, where available, will be effective only after SW accepts it in accordance with SW procedures.
Billing Start Date: For Cloud Servers and Dedicated Server Hosting And Services ordered in an Service Order, the Billing Start Date is date specified in the Service Order. If Services are ordered through an Online Service Order placed at https://www.ServerWhere.com/my/), the Billing Start Date is the date when the Customer's Equipment is installed and connected to SW's network or to any external network, or any date within 30 days from the date when and Online Service Order is submitted to SW's system. If there is no date specified in the Service Order, then the Billing Start Date is the date on which the Services are activated, unless otherwise agreed to by the Parties in the Service Order.
Services: All intangible or tangible services, products provided by SW, specified in a Service Order pursuant to this Agreement.
Sublicensee: A customer of SW's Customer who sublicensees or resells or is able to access and use the Cloud Servers and Dedicated Server Hosting And Services as made available by Customer, partially or in full.
Remote Hands: An onsite technical assistance (or other assistance agreed requested by Customer in written correspondence) provided by SW employees, associates or contractors, in accordance with Customer's instructions relating to onsite management, remote management, installation, cabling and/or troubleshooting of the physical dedicated server or a computing instance.
Policies: SW procedures, rules, regulations, security practices and policies for the SW data center, as amended from time to time.
Term: The duration of this Agreement, as determined under Section 6 (6.1) of this Agreement.
Unavailable: The meaning given to such term in the context of a Service Level specified in this Agreement or any "Service Level Agreement" published on ServerWhere.com website.
Sanction Laws: All applicable sanction or embargo laws and regulations from time to time, including trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control (OFAC) and any other enabling legislation or executive Service Order relating thereto.