User Agreement

  1. USER AGREEMENT
    1. 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.
    2. By completing the registration process of your account and/or using ispmanager website or your Account area, you agree with all the terms and conditions of this Agreement as well as with the terms and conditions of the Privacy Policy without any exceptions.
    3. 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.
  2. TERMS AND CONDITIONS
    1. 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.
    2. 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.
    3. 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.
    4. Authorization is User’s Password and Login entry.
    5. 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.
    6. 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.
    7. Party/Parties are the User and ispmanager / the User or ispmanager.
    8. 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.
  3. Account area registration and access
    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.
    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.
    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.
    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.

  4. ispmanager rights and obligations
    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. ispmanager has the right to the following:
      • At any time, at its sole discretion and without notice to the User, restrict/terminate access to the Personal Account or its functionality (in whole or in part) for technical reasons, as well as with respect to Users who violate this Agreement. Grounds for restricting access (in whole or in part) may include, among other things, a violation by the User of other agreements concluded between the Parties, if the relevant section of the Personal Account serves the purpose of providing (and/or managing) ispmanager Services under an agreement that the User has violated;
      • at any time change the Personal Account, the ispmanager Website, including its structure, functionality, design, content, composition of the ispmanager Services, etc. In the event of such a change, the User shall not have the right to demand access to the Personal Account, the ispmanager Website, the ispmanager Services that existed in the state prior to the said changes;
      • use technical means of copyright protection, obtain information about the User's software/hardware environment for the purpose of protecting rights to the results of intellectual activity, obtaining statistical data, conducting research, fulfilling its obligations to the User, as well as for the purpose of ensuring the security and correct operation of the ispmanager Website, Personal Account, and the provision of ispmanager Services;
      • At any time (including after registration), request confirmation of the information provided by the User in the Personal Account and the ispmanager Website. Such information must be provided within three (3) business days, unless a shorter period is required by applicable law or specified by ispmanager in the request. ispmanager reserves the right to restrict/terminate access to the Personal Account until such information is provided;
      • Moderate information (both pre- and post-publication) posted by the User when the functionality of the Personal Account and the ispmanager Website allows the User to leave comments and other information accessible to others. Such information may be changed or deleted by ispmanager at any time without explanation;
      • display advertising and informational messages in any form when using the Personal Account, the ispmanager Website.
      • at any time, at its sole discretion, limit the ability to use additional User Logins and Passwords.
  5. User rights and obligations
    1. The user undertakes
      • fully comply with the terms of this Agreement and independently familiarize themselves with its new versions published on the ispmanager Website;
      • Respect the intellectual property rights of ispmanager and its partners, including, without the prior consent of ispmanager, not modifying, copying, distributing, or publishing information posted on the ispmanager Website and in the Personal Account, not creating derivative works, distributing, or publishing screenshots, screencasts, or interface elements of the Personal Account and the ispmanager Website, not concealing, or in any way limiting the perception of ispmanager's means of individualization, or copyright designation elements;
      • not to circumvent or eliminate the technical copyright protection measures used by ispmanager;
      • ensure the non-disclosure (secrecy) of their Login and Password (as well as other data that can be used to gain access to the Personal Account on behalf of the User), necessary for Authorization and be responsible for their disclosure, periodically update passwords, and use hack-resistant combinations;
      • Immediately notify ispmanager if you lose access to your Personal Account against your will. Such notification, however, does not impose any additional obligations on ispmanager;
      • Not to use the ispmanager Website or Personal Account to post information, or in any way or for any purpose that may be construed as: disrespectful, deceptive, slanderous, violating applicable laws (or creating conditions); abuse of rights; violating intellectual property rights, including those of third parties; disseminating unauthorized advertising (announcements), spam; collecting and/or disseminating personal data; disseminating malicious programs, spyware, their code, or related instructions; disrupting the normal functioning of the ispmanager Website, Personal Account, or ispmanager Services; gaining unauthorized access; circumventing the procedures established by the terms of ispmanager Services; or other unfair practices.
      • Maintain current and accurate information provided in the Personal Account, as well as that necessary for the provision of ispmanager Services. All risks of inability to provide services and/or their inadequate quality due to outdated information are borne directly by the User.
      • In the event of providing information containing personal data of third parties, obtain the explicit consent of such persons to disclose information about them and provide it upon first request;
      • not to use the Login and Password (including additional ones) in any way that may be regarded, in the opinion of ispmanager, as selling access to the Personal Account and/or use for organizing systems for selling ispmanager Services outside the rules established by the relevant agreements (sublicensing, subcontracting);
      • be responsible for the content of information posted by him on the ispmanager Website and accessible to third parties.
  6. Ordering procedure and terms of provision of ispmanager Services
    1. Ordering ispmanager Services means the User performing a series of actions through the Personal Account to select an ispmanager Service and its terms (name, term, and other conditions), providing additional information necessary for the provision of ispmanager Services, and simultaneously accepting the terms and conditions for the requested service (license agreement terms, technical support terms, update terms, etc.) posted on the ispmanager Website. An order may be submitted via an automated API request using the User's unique identifier. Such automated requests must be sent in strict accordance with the ispmanager documentation posted on the ispmanager Website. Disputing orders due to User errors is not permitted.
    2. By placing and paying for an Order through the Personal Account or through automated requests, the User confirms that he/she has carefully and diligently reviewed the information about the ispmanager Services as of the date of placing the Order and accepts the relevant terms and conditions for their provision (license agreement, service agreement, etc.) without any reservations, unless the Parties have concluded a separate written agreement on special terms.
    3. This agreement does not regulate the terms of provision of ispmanager Services.
  7. Payment procedure
    1. Payment for ispmanager Services is made using the methods available in your Personal Account. ispmanager unilaterally determines the payment methods and Payment Services used.

      Settlements via Payment Services are carried out by the Parties in accordance with the rules for using such services.

    2. To automate payments for ispmanager Services, the User can use the Autopayment feature. Autopayment is configured through the Personal Account and Payment Services. By configuring Autopayment, the User agrees that all automatic payments are made with their knowledge and at their direction. Automatic payments are valid until they are disabled by the User. ispmanager does not have access to the User's payment card information. All such data is stored and processed within the Payment Service.
    3. The balance of the Personal Account (i.e. the amount of funds remaining unspent for payment of ispmanager Services) is reflected in Euro.

      Refunds of unspent funds from the Personal Account are made based on the User's original written request and only by the same payment method used, unless otherwise agreed upon by the Parties. ispmanager may request additional documents necessary to identify the User and process the refund, including documents proving the User's identity and authority.

    4. The User is responsible for any fees charged by banks and other credit institutions, as well as fees charged by Payment Services related to payment transfers. Ispmanager is responsible for any fees charged by the bank for crediting funds to ispmanager. All obligations arising from taxes and duties (e.g., income tax, value-added tax) arising in accordance with the laws of the User's country of registration are paid solely by the User at their own expense. No amounts may be deducted by the User from payments due to ispmanager.
    5. Due to ispmanager's use of technical security measures to ensure safe and secure payments, payment processing may be delayed. This delay may be necessary for ispmanager to verify the identity of the User who made the payment and to comply with legal requirements.
    6. There is no fee for using the ispmanager Website or Personal Account, unless otherwise provided in this Agreement or if access to certain sections is provided for an additional fee.
    7. If the User has an advance payment outstanding on their Personal Account and has not renewed or purchased ispmanager Services within a year, or if the User fails to notify us of a request for a refund, ispmanager has the right to charge a fee of 50 (fifty) euro per year for maintaining the Personal Account records for each such year. This fee will be charged by ispmanager unilaterally until the balance in the Personal Account reaches zero.
  8. Agreement duration, amendment and termination
    1. This Agreement is concluded for an indefinite period.
    2. This Agreement may be terminated at the initiative of one of the Parties unilaterally and extrajudicially without stating reasons for such termination and at any time with prior notice to the other Party at least 15 days before the expected date of termination.

      In the event of termination of this Agreement due to violations by the User, it shall be terminated simultaneously with notification to the User, unless otherwise specified by ispmanager.

    3. ispmanager reserves the right to unilaterally amend the terms of this Agreement at any time by posting a new version of the amended document on the ispmanager Website. It is the User's responsibility to check for new versions of documents. All amendments and/or additions shall take effect and be deemed approved by the User 10 (ten) days after such posting. If the User objects, the User has the right to terminate this Agreement prior to the effective date of the amendments.
    4. The User hereby agrees and understands that in the event of termination of this Agreement (regardless of whether this was initiated by one Party or the termination was due to mutual consent of the Parties), the User's access to the ispmanager Services already purchased may be limited/terminated. ispmanager is not responsible and does not assume the risk of losses incurred by the User in connection with the termination of this Agreement and the limitation/termination of access to the Personal Account and ispmanager Services.
  9. Guarantees, responsibilities and assurances of the Parties
    1. The user uses the Personal Account and the ispmanager Website at their own risk and responsibility. The Personal Account and the ispmanager Website are provided "as is" and "as available" without any express or implied warranties.

      In particular, ispmanager does not guarantee that the ispmanager Website or Personal Account will meet the User's requirements or that they will be provided uninterrupted, quickly, securely, or error-free, or that errors will be corrected. The User acknowledges that the results of use may not meet their expectations.

    2. For failure to perform or improper performance of obligations under this Agreement, the Parties shall be liable in accordance with the legislation of the country of registration of ispmanager and the terms of this Agreement.
    3. Under no circumstances will ispmanager be liable for any damages or losses (including, but not limited to, lost profits, losses caused by the loss of confidential or other information) arising in connection with the use of or inability to use the Personal Account, ispmanager Services, or the ispmanager Website, including in the event of failure of the Personal Account (or part of its functionality) or loss of confidentiality, even if the User has notified of the possibility of such damages and/or losses. ispmanager will not be liable to any person for the illegal actions of third parties, temporary technical failures, or interruptions in the operation of the Personal Account or the ispmanager Website./li>
    4. The Parties are released from liability for any failure to fulfill their obligations, in whole or in part, if such failure is caused by force majeure, i.e., extraordinary circumstances beyond the Parties' control under the given circumstances. These include, but are not limited to, power outages, internet segment outages, routing system failures, distributed domain name system failures, and failures caused by hacker and DDOS attacks.
    5. When publishing or transferring information (text, images, program code, and other types of information without limiting its type) to ispmanager while using the Personal Account/ispmanager Services/ispmanager Website, the User grants ispmanager an unlimited, free-of-charge, irrevocable, perpetual, unlimited-territory license with the right to sublicense, without the obligation to provide usage reports, to use such information, including, but not limited to, the right to distribute, publish, perform (reproduce), modify, create derivative works, and use it in commercial activities, for a fee or free of charge.
    6. The ispmanager website may contain links to third-party websites. ispmanager is not responsible for the content of such websites or the accuracy of the information posted there.
  10. Final Provisions
    1. Correspondence between the Parties regarding the execution of this Agreement shall be conducted using the contact information provided by each Party in their Personal Account. All messages sent in accordance with the procedure specified in Section 8.2 of this Agreement shall have the force of a document executed in simple written form.
    2. To exchange electronic messages, the Parties use the appropriate section of the Personal Account. Any files attached to an electronic message are an integral part of that message.
    3. Disputes and disagreements arising between the Parties under this Agreement shall be resolved through negotiations between the Parties. Compliance with the claims procedure is mandatory. If the dispute cannot be resolved through negotiations, the dispute between the Parties shall be heard in a court at the location of ispmanager, based on the substantive and procedural laws of ispmanager's country of incorporation. The claim review period is 30 calendar days.
    4. ispmanager has the right to assign the rights and obligations under this Agreement to third parties or to instruct third parties to provide the Personal Account in whole or in part.
    5. Issues not regulated by this Agreement shall be resolved in accordance with the legislation of the country of registration of ispmanager.
  11. ispmanager details

    ISPmanager LTD

    Registration number HE432447

    Tepeleniou, 13, Tepelenio Court, 2nd floor, 8010, Paphos, Cyprus

    e-mail: help@ispmanager.com