SecureOnlineDesktop., headquarter in street Bernardino Zacchetti 6, Reggio Emilia, Italy, hereinafter “SecureOnlineDesktop” agrees to provide services to the Subscriber, subject to the following Terms of Service
1. Term & Jurisdiction
The initial term of this agreement shall begin on the date that SecureOnlineDesktop generates an email message to the Subscriber stating the service is now active and will continue for the number of calendar months specified in the order.
Upon expiration of the initial term, this agreement will renew automatically for successive renewal terms each the same as the initial term once the client renewed the payment
The Terms of Service and the relationship between you and SecureOnlineDesktop shall be governed by the laws of the Republic of Italy and the European Union, without regard to its conflict of law provisions. You and SecureOnlineDesktop agree to submit to the personal and exclusive jurisdiction of the courts located in Ireland.
3a. Spam and UCE
a. Spam and UCE
SecureOnlineDesktop has a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that Subscribers to SecureOnlineDesktop may not use or permit others to use our network to transact in spam messages. Subscribers to SecureOnlineDesktop may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Violation of SecureOnlineDesktop's SPAM policy will result in severe penalties - Upon notification of an alleged violation of our SPAM policy, SecureOnlineDesktop will initiate an immediate investigation (within 12-24 hours of notification). During the investigation, SecureOnlineDesktop may restrict Subscriber access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, SecureOnlineDesktop may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, SecureOnlineDesktop reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. SecureOnlineDesktop will notify law enforcement officials if the violation is believed to be a criminal offense.
5. Disclaimer of Warranties
SECUREONLINEDESKTOP DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW SECUREONLINEDESKTOP DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FiTNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN ‘AS IS’ BASIS.
7. Law Enforcement Information
The SecureOnlineDesktop terms specifically prohibits the use of our service for illegal activities. Therefore, Subscribers agree that the company may disclose any and all the account holders information including assigned IP numbers, account history, account use, etc. to any member of POLIZIA POSTALE (Police of Italy) who makes a written request, without further consent or notification to the Subscriber. In addition SecureOnlineDesktop shall have the right to terminate all service set forth in this Agreement.
9. Support & Services
SecureOnlineDesktop provides comprehensive 24/7/365 technical support to all subscribers via Live Chat (for basic issues) and our Ticketing System (available via Email and GUI). Some general guidelines and terms are:
- SecureOnlineDesktop supports fully any issue related to the SecureOnlineDesktop virtual server physically functioning
- SecureOnlineDesktop does not offer technical support for application specific issues, such as configuration, programming, web or mail server configuration or any such issue
- SecureOnlineDesktop does not provide technical support to your customers or users
- The use of all SecureOnlineDesktop services is at your own risk
- SecureOnlineDesktop Snapshots and backups are not guaranteed in any way
- You agree to take full responsibility for all files and data in your account
- You agree to maintain an appropriate backup of files and data stored on the SecureOnlineDesktop clouds
11. Suspension and Cancellation
SecureOnlineDesktop reserve the right to suspend network access to any Subscriber if, in the sole judgement of SecureOnlineDesktop , the Subscribers server is the source or target of a violation of any of the other terms of service or for any other reason which SecureOnlineDesktop chooses. SecureOnlineDesktop will use all reasonable care in notifying the Subscriber and in resolving the issue in a method ensuring the minimum service interference.
Continued and repeated violations of the terms of service will result in termination without refund. Prior notification is not assured.
Subscribers may cancel service at any time using the ‘Cancel’ links in your GUI. Accounts are cancelled upon confirmation with you by Ticket. Cancellation of a service does not relieve Subscriber of responsibility for the payment of all accrued charges. Accounts can not be confirmed Cancelled until all due invoices have been settled. Non confirmation of the cancelation may result in charges continuing to be levied.
You agree that SecureOnlineDesktop may provide you with notices, including those relating to changes to the Terms of Service by email and /or postings on SecureOnlineDesktop systems and services.
2. Subscriber Duties
In order to use SecureOnlineDesktop services, you are required to provide current and factual identification, contact and other information as part of the registration process. You are responsible for the confidentiality of your account information and solely responsible for all content and Data within your account.
3. Prohibited Content
- Threatening, abusive, harassing, defamatory statements.
- Promotion of illegal activities (info on hacking, cracking etc).
- Information, instructions, links, etc containing malicious code.
- Hate speech or hate propaganda.
- Scripts or systems that cause server performance issues.
- Misrepresentation of member’s identity, or impersonation.
- Collection of personal information for illegal purposes.
- Collection of personal information without users permission.
- Content that is deemed by SecureOnlineDesktop, in its sole discretion, to be harmful to SecureOnlineDesktop.
- Solicitation or sale of any harmful/illegal products or service
SecureOnlineDesktop does not tolerate abusive, threatening or inappropriate behavior towards its staff or agents. Your account can be suspended or terminated without warning for any such behavior
Subscriber agrees to indemnify and hold harmless SecureOnlineDesktop, SecureOnlineDesktop's affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable legal fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Subscribers services in violation of applicable law or the AUP by Subscriber or any person using Subscriber’s log on information, regardless of whether such person has been authorized to use the services by Subscriber.
6. Limitation of Damages
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROfiTS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF SECUREONLINEDESKTOP AND ANY OF ITS EMPLOYEES, AGENTS OR AFfiLIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.
8. Uptime Guarantee
SecureOnlineDesktop provides a 99% Uptime Guarantee on all SecureOnlineDesktop Hardware and on Network Connectivity. In any given month, if your server is offline due to a SecureOnlineDesktop unscheduled hardware failure, or an unscheduled failure of the SecureOnlineDesktop network for more than 1% of the time (7.2 hours), you may request a pro-rata credit for the down time. Specific exclusions exist where the SecureOnlineDesktop network is working normally, but upstream issues, such as a Datacentre or Carrier failure or DDOS is impacting customer routes to the cloud.
10. Invoicing and Payment
- You agree that SecureOnlineDesktop shall be permitted to charge your credit card on a monthly, annual or other agreed upon basis in advance of providing services.
- Payment is due on invoicing.
- Any payments not made within 15 days of due date will be suspended without further notice.
- Accounts not collected by SecureOnlineDesktop will be turned over to an outside collection agency for collection.
- Subscribers are aware that SecureOnlineDesktop may prospectively change the specified rates and charges from time to time.
- Subscriber is responsible for any additional Bank fees, interest charges, finance charges, overdraft charges or any other fees resulting from charges billed by SecureOnlineDesktop.
- SecureOnlineDesktop provides the option to pay natively in EURO, GBP and USD to help Subscribers avoid currency fluctuations and conversion exchange costs. Please open a ticket with Billing should you wish to change currency.
- Up and Downgrading service within your billing cycle will result in Pro-Rata credits and charges on your account. Pro-rata credits are only possible where the Subscriber retains at least one service and are not refundable in the event of service or account cancellation.
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