The given User agreement (hereinafter – the Agreement) constitutes an agreement between you (hereinafter – “you”, “User”) and ISPmanager acting as ISPmanager.com website administrator and regulates general terms and conditions of using the ISPmanager website and Account area.
By accepting the given Agreement, the User confirms that he/she (i) fully understands the import and content of the Agreement; (ii) is a legally capable person having all the rights to enter into agreements; (iii) has the technical capability to use the Account area and the ISPmanager website.
TERMS AND CONDITIONS
Account area (Client area) is a non-public section of the ISPmanager website (automated billing system) that can be accessed after registration and Authorization, which functionality allows the User to acquire and manage ISPmanager services, as well as exchange legal and technical information.
ISPmanager Services are licenses available on the ISPmanager website, as well as services provided by ISPmanager or third parties, such as domain registration, SSL certificates, etc.
Login, Password are unique characters (figures/letters/marks – depending on technical features of the interface) to be created while completing the registration process on the ISPmanager website. Login and Password collectively shall be deemed by the Parties as the User’s equivalent handwritten signature for making legal acts and/or execution of electronic documents while using ISPmanager Services. Login may not be changed. Password may be changed via the interface of the ISPmanager website.
Authorization is User’s Password and Login entry.
Account is the method used to register payment information about the ISPmanager Services acquired by the User. An access to the Account shall be granted in the Account area.
Payment Services is a complex of software and hardware means which provide Informative and technological interaction among its users while making payments via Internet network. ISPmanager shall determine at its own discretion the particular list of the Payment Services which may be used for the purposes of execution of this Agreement.
Party/Parties are the User and ISPmanager / the User or ISPmanager.
ISPmanager website is a set of web pages in information and telecommunication network Internet, consolidated by unified address space of domain ISPmanager.com, and all domains and subdomains of the following levels.
1. Account area registration and access
1.1. User registration for further Account area usage shall be completed by filling out data forms in the interface of the ISPmanager website. You may have to confirm the right on registration details provided such as email and phone number in order to be able to use the Account area.
1.2. The User hereby guarantees that the information provided for registration and further usage of the Account area is actual, up-to-date and does not violate the rights and legal interests of any third parties.
1.3. If registration in the Account area or its usage is provided on behalf of and by order of the User by its legal representative, this representative hereby confirms that he/she has all the rights granted by the User required to fulfil the given Agreement. The User shall make changes to the Account area parameters if such legal rights are cancelled or changed, as well as keep all the records up to date, and shall take into account possible consequences if the given Agreement is not fulfilled.
1.4. The functionality of the Account area may provide the possibility to create additional Logins and Passwords for group access to the Account area. The User shall be fully responsible for management of Logins and Passwords.
All actions made with the use of Login and Password of the User, including additional Users Logins and Passwords shall be deemed the actions of the User itself.
The User shall not refer to the invalidity of actions made on behalf of the User because of the fact that Users did not provide the third parties with corresponding authorities and/or these third parties exceeded the authorities granted, if such parties made actions after Authorization with the use of the Login and Password.
2. ISPmanager rights and obligations
2.1. ISPmanager hereby agrees to keep confidential all the information received from the User when completing the registration process of the User’s account as well as any data to be provided by the User while using ISPmanager Services and Account area.
2.2. ISPmanager has the right to the following:
- limit/suspend access to the Account area or its functionality fully or partially due to technical reasons, at any time, at its sole discretion and without any prior notice, including for Users violating the given Agreement. The reason for full or partial access restriction may also be violation by the User of any other agreements concluded between the Parties, if the corresponding section of the Account area is used to provide and/or manage the ISPmanager Services provided under the agreement violated by the User;
- change the Account area and the ISPmanager website at any moment, including its structure, functionality, design, materials, content of the ISPmanager Services, etc. After such changes are made, the User has no right to claim access to previous versions of the Account area, ISPmanager website, or ISPmanager Services;
- use technical tools to protect copyright, receive information about software/hardware environment of the User in order to protect the rights on results of intellectual activity, receive statistical data, fulfil its obligations before the User, as well as to secure and establish normal operation of the ISPmanager website or provide ISPmanager Services;
- request confirmation of the information provided by the User in the Account area or ISPmanager website at any moment, including after registration. Such information shall be provided within three (3) business days unless a shorter period is established by the current legislation or specified by ISPmanager in the request message. ISPmanager has the right to restrict/suspend access to the Account area until such information is provided;
- moderate information before or after its publication by the User if the functionality of the Account area or the Website allows to leave comments or other information available for other parties by the User. Such information may be edited or deleted by ISPmanager without explanation at any moment;
- show advertisement and informational messages during the usage of the Account area or the Website in any form;
- restrict usage of additional Logins and Passwords of the User at its sole discretion at any moment.
3. User’s rights and obligations
3.1. The User shall comply with the following terms and conditions:
- fully comply with the terms and conditions of the given Agreement and get acquainted with its new editions published on the ISPmanager website on its own behalf;
- respect the intellectual rights of ISPmanager, its partners, even without prior consent given by ISPmanager. The User shall not edit, copy, distribute, or publish the information published on the ISPmanager website and in the Account area, create derivatives, distribute or publish screenshots, screencasts, Account area or ISPmanager website interface elements, hide or restrict perception of ISPmanager individualization or copyright tools;
- the User shall not bypass or remove technical means of copyright protection used by ISPmanager;
- establish nondisclosure of its Login and Password as well as other data that can be used for getting access to the Account area on behalf of the User, which may be required for Authorization, be fully liable for its disclosure, update passwords periodically, and use strong password combinations;
- notify ISPmanager immediately if access to the Account area was lost for any reason. Such notification shall not add any additional liabilities to ISPmanager;
- the User shall not use the ISPmanager website or the Account area to publish information, or with the means or for the purposes, which may be considered as the following: disrespect, fraud, slander, violation of the applicable laws or creating conditions for such violation; abuse of rights; intellectual property rights violation, including for third parties; distribution of unauthorized advertising; spam; collection and/or distribution of personal data; distribution of malicious software, their code and the corresponding guides; creating failures of normal operation of the ISPmanager website, Account area, or ISPmanager Services; getting unauthorized access; bypass of procedures stipulated by the terms and conditions of ISPmanager Services; other unfair acts;
- keep the information specified in the Account area that may be required for ISPmanager Services actual and up-to-date. The User shall accept all the risks related to potential impossibility of service provisioning and/or their quality due to inactual information.
If information containing personal data of third parties was provided, the User shall have the consent of these third parties to disclose their personal data and be able to provide it at short notice;
- the User shall not use the Login and Password, including the additional Logins and Passwords, in any way that may be considered by ISPmanager as selling of access to the Account area and/or usage of it for organizing a system of sales of ISPmanager Services out of the rules set by the corresponding agreements (sublicensing, subexecution);
- be liable for the information published by it on the ISPmanager website and available to other parties.
4. Order and ISPmanager Service delivery
4.1. ISPmanager Service Order is a set of activities made by the User by using the functionality of the Account area aimed to select ISPmanager Services and their parameters (name, term, and other parameters), provisioning of additional information required for ISPmanager Services, and simultaneous acceptance of terms and conditions required for a corresponding service (license agreement, technical support terms, update terms, etc.) published on the ISPmanager website. The Order can be sent in the form of an automated API request using a unique User ID. This automated request should be made strictly according to the ISPmanager documentation on the ISPmanager website. Challenging Orders due to User’s error is not allowed.
4.2. By placing and paying the order by using the funds of the Account area, the User confirms that he/she is acquainted with the information about ISPmanager Services, accepts the corresponding conditions of its delivery (license agreement, service agreements, etc.) without any reservations, unless the Parties have entered into another written agreement about special terms.
4.3. The given agreement shall not govern the terms and conditions of ISPmanager Service provisioning.
5. Payment procedure
5.1. ISPmanager Services shall be paid with the methods available in the Account area. ISPmanager at its own discretion shall determine payment methods and services to be used. Payment services shall be used by the Parties in accordance with general rules of these services.
5.2. The User may use the Autopayment function to automate payment of ISPmanager Services. The Autopayment shall be configured within the Account area and Payment services. By configuring the Autopayment function, the User agrees that all payments made automatically are made with its privity and by its direction. Automatic payments shall remain active until they are deactivated by the User. ISPmanager shall have no access to the User’s payment card data. Such data shall be processed and stored by the Payment service.
5.3. Account balance (i.e. total amount of unused funds for payment for ISPmanager Services) is reflected in Euro.
Refund of the funds left unused on the account balance can be made only after the original copy of the User’s application is submitted and only with the methods that were used to accept these funds, unless otherwise agreed by the Parties. Furthermore, ISPmanager shall have the right to request additional documents that may be required for the User identification and refund, including the documents confirming the identity and authority of the User.
5.4. All the fees of the banks or other financial organizations, as well as Payment service fees, which are related to money transfer shall be paid by the User. The fees related to money acceptance on ISPmanager bank side shall be paid by ISPmanager. Any liabilities resulting from payment of taxes or dues, such as revenue tax or due added tax, which are applied due to legislation of the User shall be paid solely by the User. No funds shall be charged off the fees that are due to ISPmanager.
5.5. ISPmanager uses special technical tools to provide security and reliability of payment, which may lead to certain delay in payment acceptance. Such a delay may be required to identify the User and comply with the requirements of the law.
5.6. The User shall not be charged for using the ISPmanager website or Account area, unless otherwise determined by the given Agreement, or when access to certain sections is granted for an additional fee.
5.7. If the User has an advanced payment on its Account area, and this advanced payment has not been used to prolong/acquire ISPmanager Services within a year, and the User has not requested refund, ISPmanager has the right to charge a fee of 50 (Fifty) euros per year (VAT not included) for each such year for keeping the records of the Account area. Such a fee shall be charged by ISPmanager unilaterally until the balance of the Account area becomes zero.
5.8. Service pricing on the Website or in the Account area shall be shown without VAT, unless other terms are specified. VAT shall be applied during acquisition of the ISPmanager Service on a basis of the data provided and confirmed.
6. Term of the Agreement and its edition and termination procedures
6.1. The given Agreement is signed for an indefinite period.
6.2. The given Agreement may be terminated by any Party on a unilateral extrajudicial basis without specifying the reasons for such termination and at any time subject to the notification of the other Party not less than 15 days prior to the expected termination date.
If this Agreement is terminated due to the User’s violations, it shall be terminated simultaneously with User notification, unless otherwise is specified by ISPmanager.
6.3. ISPmanager has the right to edit terms and conditions of this Agreement at any time unilaterally by publishing a new version of the document on the ISPmanager Website. The User shall be responsible for checking whether there are new editions published. All changes and/or additions shall become effective and shall be deemed agreed upon by the User after ten (10) days from the date of such posting. In case of any objections, the User may terminate this Agreement prior to the effective date of the changes.
6.4. Hereby the User agrees that in case of this Agreement termination (regardless whose initiative it is, or in case when termination is made due to mutual consent of the Parties) User’s access to the previously obtained ISPmanager Services may be postponed/refused. ISPmanager shall not be liable for any damages or losses that may occur due to the termination of this Agreement and postponement/refusal of ISPmanager Services.
6.5. The given Agreement may be altered and/or supplemented by ISPmanager at any moment within the Agreement term. All editions and/or appendixes shall be published by ISPmanager on the ISPmanager Website and come into effect and become agreed by the User within after 10 (Ten) days since this information has been published. The User shall get acquainted with all changes and/or appendixes on its own. In case of objections, the User has the right to terminate the given Agreement before changes came into effect.
7. Guarantees and liability of the Parties
7.1. The User uses ISPmanager Website and Account area at its own risk and its own responsibility. The ISPmanager Website and Account area are provided according to “as is” and “as available” principles without any explicit or implied guarantees.
Particularly, ISPmanager does not warrant that the ISPmanager Website and Account area will satisfy the User’s needs, and they will be provided uninterrupted, fast, reliable and error-free. The User agrees that the result of using may fail to meet the Licensee’s expectations.
7.2. The Parties shall bear responsibility in accordance to the effective legislation of ISPmanager and the given Agreement for the non-execution or improper execution of their liabilities under this Agreement.
7.3. The Licensor shall not be liable for any damages or losses (including, but not limited to any lost profit, losses resulting from the loss of any confidential information) that may occur due to the use or impossibility to use the ISPmanager Services, ISPmanager website, or Account area, including in case of any failure of program operation of the Account area (or its functionality), even if the User has sent a notice on the possible emergence of any such damage and/or losses. ISPmanager shall not be liable to any persons for the unlawful acts of any third parties, short-term technical deficiencies or failures of equipment caused by network failures and any similar malfunctions which may be applied for using the Account area or ISPmanager website.
7.4. The Parties shall be exempt from liability for any failure to fulfill their obligations or any part thereof if such failure has resulted from circumstances of insuperable force (“Force Majeure”), i.e. any circumstances of extraordinary nature that could not be avoided by the Parties under such conditions. Such circumstances shall, inter alia, include interruptions in power supply, global disruptions in the Internet, failures of routing systems, failures of the distributed domain name system, failures caused by hacking and DDOS-attacks.
7.5. By publishing information, sending information to ISPmanager (text, images, program code, or other information types without type limitations), or using the Account area/ISPmanager Services/ISPmanager Website, the User provides ISPmanager with an unlimited, free, irrevocable, indefinite, license without territory restrictions, with the sublicensing right without the requirement to provide usage reports. This license gives the right to use such information, including but not limited to the right to distribute, publish, restore, edit, create derivatives, or use for commercial purposes for a fee or for free.
7.6. ISPmanager Website may contain links to third party websites in the Internet. ISPmanager shall not be liable for the content of such websites, as well as the quality of information published there.
8. Final provisions
8.1. The correspondence between the Parties on the execution of this Agreement shall be carried out using the contact information provided by each of the Parties in the Account area. All messages sent within the order specified in Para 8.2 of this Agreement shall keep the legal force of a document in a written form.
8.2. For the purposes of electronic messages exchanging, the Parties shall use the corresponding section of the Account area. All messages are also copied to the email address specified by the User in the settings of the Account area. Any files attached to an e-mail message (attachments) are deemed integral parts of the message.
8.3. All disputes and disagreements arising from this Agreement shall be considered by the Parties by means of negotiations. Compliance with a complaint procedure is mandatory. In case the consensus cannot be reached by negotiations, all disputes shall be settled in court in ISPmanager jurisdiction on a basis of material and procedural legislation of ISPmanager. A complaint shall be reviewed within 30 calendar days.
8.4. ISPmanager shall be entitled to assign its rights and obligations hereunder to any third parties or charge any third parties with the provision of the Account area or any part thereof.
8.5. The Parties shall be governed by the regulations of the effective legislation of ISPmanager in all respects which are not settled by this Agreement.
9. Address, contact information and banking details of ISPmanager
Registration number HE432447
Tepeleniou, 13, Tepelenio Court, 2nd floor, 8010, Paphos, Cyprus