Managed Services

2. PURPOSE AND INTRODUCTION OF TOS:

This document sets forth the principles, guidelines and requirements of the Terms of Service of EstNOC governing the use by the Customer of the EstNOC’s Services. EstNOC is the trademark of EstNOC OÜ (onwards in this Terms of Service “EstNOC”). EstNOC obey the Estonian Republic “Law of Obligations Act” §52 lg1,3 and 4 (definitions of distance contract), §54 (informing consumers), §55 (confirmation of information), §56 (right of withdrawal). Both parties, Customer and EstNOC, agree to use English language only in the Sales Agreement. The Purpose of the EstNOC’s Terms of Service, hereinafter referred to as the “TOS”, is to comply with all Estonian Republic laws coupled with protecting the network security, network availability, physical security, Customer privacy, and other factors affecting the services provided by the EstNOC. The EstNOC reserves the right to impose reasonable rules and regulations regarding the use of its Services provided to all Customers and such rules and regulations are subject to change. This TOS is located in the Internet at http://www.estnoc.ee/terms-of-service . The TOS is not an all inclusive exhaustive list and the EstNOC reserves the right to modify the TOS at any time when needed, effective upon either the posting of the modified TOS to http://www.estnoc.ee/terms-of-service homepage or sending notification to the Customer via an e-mail. Any violation of the TOS may result in the Suspension or Termination of the Customer’s Services or such other action as the EstNOC deems appropriate. No credits will be issued for any interruption in service resulting from Terms of Service violations.

3. ACCOUNT SETUP, E-MAIL ON FILE & PAYMENT IN FILE:

EstNOC will set up the Customer’s account after the Purchase Order has been submitted by Customer to EstNOC by completing the online purchase process on EstNOC’s website. Customer is solely responsible of the Data correctness that he/she provide us while submitting the Purchase Order (correct first name, last name, e-mail address, contact phone number and physical address). EstNOC reserves itself the right to contact the Customer prior accepting the Purchase Order/Sales Agreement or later, by making the Phone call to provided number or sending an e-mail to the Customer. Customer must contact EstNOC in case his/her contact details have been changed. It is very important to keep the contact details up to date, because EstNOC is using it for communication between EstNOC and the Customer (sending notices, invoices etc). It is Customer’s responsibility to provide us with an e-mail address which is not at the domain you are signing up under. If there is ever an Service Abuse issue or we need to contact you, the primary e-mail address on file will be used for this purpose. It is Customer’s responsibility to ensure the e-mail address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of Customer’s account. In high risk transactions, EstNOC remains the right to require government issued identification,-and possibly a scan of the credit card used for the purchase. For Paypal transactions EstNOC remains the right to send an e-mail to the PayPal e-mail address where from the transaction came from (in case the Customer’s and PayPal payer e-mails are mismatching). If the Customer fail to meet these requirements, or no feedback from PayPal payer e-mail, the order may be considered fraudulent in nature and be denied.

4. ORDER FORM, TERM, CHANGE ORDER PROCEDURE, MAKING PAYMENT & DELIVERY OF SERVICE

The Customer can submit Purchase Order by completing the online purchase process step by step on EstNOC’s website or Customer Portal. All Purchase Order Terms (contract duration) are calculated in Prepayment basis – pay first, then use service. Term lasts for 30 calendar days after successful payment (or 30 days since the Delivery time). Invoice(s) for the Service extension for another month are created 15 days before the end of Term. Customer is solely responsible of the hardware,software and Service components correctness and needs. During the Order process, Customer may submit a Server and/or Services change (upgrade or downgrade) request. Customer should submit its change request in writing at EstNOC Customer Portal that is accessible in internet at http://www.estnoc.ee/whmcs by writing down exactly what needs to be changed.Every change request is subject to acceptance and approval by EstNOC, which may be granted or withheld at EstNOC’s sole discretion. Any acceptance and approval of a change request shall only be valid if confirmed in writing by an authorised representative of EstNOC. EstNOC shall be entitled to set conditions to its acceptance and approval of the change request, e.g. adjustment of the Service Charges, payment by Customer of a charge for administrative activities and/or payment by Customer of any other non‐recurring charges in relation to effecting the change. Such conditions, adjustment and charges will be specified in the negotiations in Customer Panel’s Support Ticket. Once the Customer finishes the Order process, he/she will be redirected to payment gateway he/she chose. After the prompt payment Sales Agreement will be effective. Customer must make the payments for its Services ON TIME in order to have the Services delivered and not Suspended. EstNOC must deliver the services at latest in 3 Business Days (if not stated otherwise in Purchase Order). Duration period starts with a calendar day when EstNOC enables the Services to the Customer. EstNOC is obliged to update the Duration term and billing cycle on file for the Customer.

5. CANCELLATIONS & REFUNDS

EstNOC reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice if customer violated this TOS. Customer may cancel services at any time via a Support Ticket system. EstNOC gives you 14 days right of withdrawal & money back guarantee on managed shared hosting, and reseller solutions for any Customer who paid the first invoice (Law of Obligations Act §56). There are no refunds on purchased customized Dedicated servers, virtual private servers, administrative fees, and install fees for custom software (Law of Obligations Act §53 lg3). Customer is entitled for refund on dedicated server or vps purchase ONLY in case when Hosting Service is not accessible or usable at all and Data Traffic graph shows 0kb (no traffic used at all). Refunds are allowed if given the approval of staff via Support Ticket or e-mail service. Any unauthorized chargebacks will not be granted and you will be blacklisted from our service and reported to anti-fraud agencies (like FraudRecord, MaxMind to name a few). Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us. Violations of the EstNOC’s Terms of Service will waive the refund policy.

6. USE OF THE SERVICE

6.1. Customer is entitled to use the Server for storing the Customer’s applications and materials and/or presenting thereof to the public, depending on the type of the Hosting Service even for creating and/or using e-mail address(es), sending and receiving e-mails, likewise in any other way, which complies with the description of the Hosting Service;

6.2. Customer undertakes to make with sufficient frequency backup copies for himself of the files kept on the Server and keep the software installed by the Customer updated in order to ensure its security.

6.3. Customer is liable for the contents of the Server, allocated to the Customer, and the Customer also undertakes not to disclose any materials on the Server or provide any services, which contradict the legislation or good practice or which violate the rights of any third persons. Example: It is forbidden to use or distribute any media and software protected by copyright, if no required license exists for this purpose. It is forbidden to host hatered, child abuse, racism or any other messages with the Server that might harm the third parties etc;

6.4. Customer shall not use on the Server any software, scripts, programs or other applications, which burden, disturb or damage the normal operation of the Server, and undertakes to remove these at the latest within twelve (12) hours after submission of the respective message by EstNOC.

6.5. Customer undertakes not to use such programs or applications on the Server, which enables the Internet users (or Customer himself) to send SPAM, Junk Email, or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of the EstNOC OY whether or not the message actually originated from our network. Mass Mailings: Sending mass unsolicited email is considered spam. Unsolicited e-mail is defined as e-mail sent to a recipient who has not double-opted in to mailings from the Customer. Senders of mass mailings must maintain complete and accurate records of all opt-ins, including the e-mail and its headers if applicable, and provide such records to the EstNOC upon request. If positive and verifiable proof of opt-in can not be provided, complaints from recipients of the mailing are considered proof they did not subscribe and the mailing is unsolicited. Mailing Lists: The EstNOC’s mass mailing rules also apply to mailing lists, list services, or mailing services contracted by the Client. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for e-mail information using a double opt-in process or that has made their e-mail address available to the Customer for distribution of information. The list must also allow for automatic removal by all end Customers with non-distribution in the future. Any kind of sending an e-mail to more than 1 recipient at a time is considered as mass mailing.

6.6. It is forbidden to provide such services from the Server or use the Server for such activities, which can be regarded as attacks against third persons or might attract the attacks from third persons. Example: causing or attracting DdoS/DoS, port scanning, malware spreading, data theft ( e.g. Creditcard fraud, site copies etc), any kind of Bot Nets, TOR, Fast Flux or any other DNS or IP manipulation techniques, open Proxies etc. This list is not limited with those written previously. Running anything that can cause or attract the attacking, is forbidden.

6.7. It is forbidden to provide Streaming or CDN (content delivery network) or any other services that demands high bandwidth usage on Servers where 100TB Traffic Package is not available.

6.8. EstNOC is entitled to issue mandatory precepts to the Customer for the termination of any illegal activity relating to the use of the Hosting Service or activity violating the other Terms of Service, incl. for removal of any illegal materials or materials contrary to good morals from the Server, likewise to remove such materials itself. EstNOC reserve itself the right as the person holding the respective technical information to decide whether the activities of the Client are burdening, disturbing, damaging the Server or not, and thus to suspend the service to the Customer in case of need by reasoning its decision to the Customer.

7. DEDICATED SERVER OR PHYSICAL SERVER

7.1. EstNOC will allow the Customer to use the leased Server with certain hardware components, that has been Ordered by the Customer (under Sales Agreement) from EstNOC’s webpage.

7.2. the Server included all the hardware is EstNOC’s property and the Customer remains only the right to use it.

7.3. the Customer remains the right to request Hardware upgrade of the Server at anytime.

7.4. the Customer will pay the fee for requested Hardware upgrade according to EstNOC OY price list.

7.5. the Customer solely is responsible of the content hosted in the Server

7.6. Any actions caused by, or to the Customer’s End-Users, the Customer is responsible and EstNOC does not have any responsibility.

8. VIRTUAL PRIVATE SERVER OR VPS

8.1. EstNOC will allow the Customer to use the Virtual Private Server with certain hardware resources, that is determined from one or many of EstNOC’s physical Server’s resources (Virtually Shared Physical Server).

8.2. the Server included all the hardware is EstNOC’s property and the Customer remains only the right to use it.

8.3. the Customer remains the right to request Hardware upgrade of the Server at anytime.

8.4. the Customer will pay the fee for requested Hardware upgrade according to EstNOC price list.

8.5. the Customer solely is responsible of the content hosted in the Server

8.6. Any actions caused by, or to the Customer’s End-Users, the Customer is responsible and EstNOC does not have any responsibility.

9. SERVER CO-LOCATION OR SERVER HOUSING

9.1. EstNOC will determine certain colocation/housing space in our Data centres, measured in U (units) or Racks, where 1U equals to 44,5mm in height and full Rack equals to 42U if not stated otherwise in Order confirmation (Sales Agreement).

9.2. EstNOC will allow at least one (1) electrical port from at least 1 power feed to each of the Customer’s Server and certain amount of kilowatt-hours and amperes (fuse),if not stated otherwise in Order confirmation (Sales Agreement). Example: Server ordered with redundant power feed, will have 2 electrical plugs from A+B feeds. Server ordered without redundant power, will have only one electrical plug from one power feed.

9.3. EstNOC will determine at least one (1) uplink with Internet access to each of the Customer’s Server or colocated/housed other equipment (e.g. Router, switch,etc) if not stated otherwise in Order confirmation (Sales Agreement). Example: Server ordered with redundant uplinks, will be connected with 2 Uplinks, server ordered without redundancy, will be connected with 1 Uplink,etc.

9.4. EstNOC OY will guarantee airflow from cooling systems and stable temperature/humidity in the data centre facility.

9.5. the Customer will pay the fee for electricity- and/or data traffic overuse according to EstNOC’s price list.

9.6. the Customer solely is responsible of the content hosted in the Server

9.7. Any actions caused by, or to the Customer’s End-Users, the Customer is responsible and EstNOC does not have any responsibility.

10. DATA TRAFFIC USAGE, IP ADDRESSES AND UPLINK SPEED

10.1. EstNOC will appoint at least one Ipv4 address to each of the Customer’s Server (if not stated otherwise in Sales Agreement).

10.1.1. if possible, EstNOC will appoint at least 1 Ipv6 address to each of the Customer’s server (if not stated otherwise in Sales Agreement).

10.1.2. the Customer must not use any of the appointed IP addresses to the Server in the way that causes IP addresses being blocked by registrars such as Fraudrecord, MaxMind, SpamHaus, Rokso etc. This list is not limited with those written previously.

10.2. EstNOC will appoint to each Server certain amount of Monthly data traffic to use, that is clearly stated while making an Order of Hosting Services (Sales Agreement) from EstNOC homepage.

10.2.1. the Customer will not be entitled for any kind of refund for unused monthly data traffic

10.2.2. the Customer will pay the fee for data traffic overuse according to the EstNOC price list.

10.3. EstNOC will determine the certain Uplink speed for each Server, that is clearly stated in order form while making an Order (Sales Agreement).

10.3.1. EstNOC will determine by default all the Dedicated Servers and Colocated Servers with 100 Mbit Uplink speed. VPS Starter packages are set with 50 Mbit Uplink speed, VPS XS packages have 100 Mbit Uplink speed and VPS XL and VPS XXL packages are connected with 1 Gbit virtual Shared uplink speed (if not stated otherwise in Order confirmation)

10.3.2. the 1 Gbit Uplink Speed with the Dedicated Server or Co-located Server will allow at least 200 Mbit speed, if not more. It depends on actual network usage and the distance where from/to speed tests are made. Example: in peak times it might be slower, during the night time it can allow higher speeds etc.

10.3.3. the Guaranteed or Unmetered 1 Gbit uplinks with the Server will allow always maximum speed and approximately 320 TB data traffic monthly. These uplinks are not affected from real network usage. However, maximum speed might depend on the location where from/to speeds are tested. Example: from Netherlands it is hard to push 1 Gbit from China, etc.

11. SERVER MAINTENANCE. REPAIR OF FAILURES

11.1. For the purpose of providing stable Hosting Service, EstNOC shall maintain the equipments regularly. EstNOC shall notify the Customer of any scheduled Server maintenance and improvement works, which may disturb the ordinary use of the Hosting Service, at least three (3) calendar days in advance. In urgent cases, to perform maintenance works and make configuration changes without notifying the Customer in advance.

11.2. EstNOC shall repair any Server failures within a reasonable time, but not later than within three (3) working days (if not stated otherwise with the Service Level Agreement between EstNOC and the Customer).

12. SUSPENSION OF THE HOSTING SERVICE AND TERMINATION OF THE SERVICE

12.1. EstNOC is entitled to immediately suspend the Hosting Service to the Customer if:

12.1.1. the software, scripts, or other applications used by the Client cause failures on/of the Server, cause overloads, or hinder EstNOC in any other way upon provision of the services;

12.1.2. Internet attacks are aimed at the Customer or Vice versa (incl. denial-of-service attacks, i.e. DoS and DdoS attacks);

12.1.3. The Customer does not comply with the precept of EstNOC referred to in clause 6.8.

12.1.4. The Customer consistently violates the EstNOC Terms of Services.

12.1.5. EstNOC is entitled to suspend the provision of the Hosting Service immediately, if the Client’s liability to EstNOC for the service provided to the Client is more than one (1) calendar day overdue.

12.2. EstNOC is entitled to terminate the Hosting service to the Customer if:

12.2.1. the Client’s liability to EstNOC for the service provided to the Client is more than seven (7) calendar days overdue

12.2.2. the Client has requested Cancellation of Service

12.2.3. the Client violates repeatedly EstNOC’s Terms of Service

13. ADULT CONTENT

EstNOC allows hosting of adult content that is legal under Estonian Republic/EU law, provided that it does not otherwise violate any of EstNOC’s policies

14.RESELLER POLICY

Resellers are responsible for the conduct of their Customers, and by agreeing with this TOS, agree that their customers will adhere to the TOS. Resellers should make their perspective Customers aware of the TOS and the consequences for violation.

15. INVESTIGATIONS, DISRUPTIONS & SECURITY

EstNOC reserves the right to disable service or terminate service and/or to remove content in order to investigate suspected violations of this TOS without first giving notice. The cost of any investigation will be charged to the Customer at 100 EUR per hour, in addition to charges for attorneys fees and related expenses (if any). EstNOC furthermore reserves the right to disable the Customer service if EstNOC suspects that such service is the target of an attack or in any way interferes with services provided to other Customers, even if the Customer is not at fault. EstNOC does not issue refunds for terminating service due to any of the causes specified above. The Customer is responsible for the use of its service, including transfer and bandwidth, even use by unauthorized users or hackers. The Customer is responsible for maintaining security, including disaster recovery systems and backups. (The Customer is advised to maintain backups on its own premises.)

16. REPORTING OF TOS VIOLATIONS AND ABUSE REPORTS

In general, EstNOC requests that anyone with information about a violation of this Terms of Service, report it by sending an e-mail to abuse@estnoc.ee and include ALL the following info in e-mail:

16.1. spamming, chain e-mailing, hacking attempts, child pornography, hatered or anyting else that does not have anything to do with Copyright infringement:

16.1.1. introduce yourself

16.1.2. give us exact information what you discovered as violation of Terms of Service, if possible, please share the Links to access the material in internet or give any information that can help us to investigate the issue

16.1.3. write down your contact details

16.2. If your report have something to do with Copyrights or Patents, please include ALL THE REQUIRED DATA you see below;

16.2.1. introduce yourself properly

16.2.2. let us know why are you contacting us with this report, e.g. are you acting as representative of Copyright Agency or are you direct copyright holder

16.2.3. if you are from Copyright agency or copyright holder, it is MANDATORY to include in the e-mail legal and official certificate signed up physically or digitally by real copyright holder that gives You the right to represent the real copyright holder on his/her behalf. In this certificate must be present the official address and phone number of the real copyright holder, that EstNOC can contact to verify legitimacy of the report.

16.2.4. if you represent the Copyright Agency, please write down all the agency/company information, including the address, e-mails and phone numbers of the Company

16.2.5. let us know exactly, what kind of copyrights or patents have been violated, include full name of the material

16.2.6. let us know where this infringing material can be found in the internet

16.2.7. if possible, include the screenshots, ip whois or any other important information that can be used as proof to prove that infringing material was found in the internet

16.2.8. EstNOC remains itself the right to reject all the reports that are formulated as “DMCA removal request” because EstNOC operates under European Union laws and dmca law does not have effect in the EU

16.2.9. EstNOC remains itself the right to reject all the reports that do not follow this Terms of Service paragraph 12.2. till 12.2.7

17. MONITORING & DISCLAIMERS

EstNOC has no obligation to monitor its services but may do so and may disclose information regarding use of the services for any reason, including: to satisfy laws, regulations, or governmental, legal, or law-enforcement requests; to operate such service properly, or to protect itself and its customers. EstNOC may grant law enforcement agencies access to its equipment to monitor use of its services when court order is given.

ESTNOC SERVICES ARE PROVIDED ON AN AS-IS AND “AS AVAILABLE” BASIS. ESTNOC AS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERRORFREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. ESTNOC MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE PROVIDED BY ESTNOC OR ANY OF ITS REPRESENTATIVES WILL CREATE A WARRANTY. ESTNOC WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR MULTIPLE DAMAGES, EVEN IF ESTNOC WAS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. ESTNOC’s MAXIMUM LIABILITY ARISING OUT OF OR RELATED TO PROVISION OF ITS SERVICES WILL NOT EXCEED THE TOTAL AMOUNT OF FEES BILLED TO THE CUSTOMER DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM. ESTNOC WILL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM:

• • OTHER VAULT NETWORKS CUSTOMERS OR THIRD PARTIES ACCESSING CUSTOMERS’ DATA OR ASSIGNED COMPUTERS;
• • SECURITY BREACHES;
• • EAVESDROPPING;
• • DENIAL OF SERVICE ATTACKS;
• • INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING ESTNOC’ SERVICE;
• • CUSTOMER’S RELIANCE ON OR USE OF THE SERVICE;
• • MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR OTHER FAILURES OF PERFORMANCE OF THE SERVICE;
• • THE ACCURACY, COMPLETENESS, AND USEFULNESS OF THE SERVICE; OR
• • LOSS OF DATA OR LOSS OF ACCESS TO DATA.

Effective since 01.January 2016