Terms of Service

General Terms and Conditions

THIS AGREEMENT FOR ServerFolio SERVICES (hereinafter referred to as the "Agreement") is made and effective as of the date of acceptance, by and between you, (here-in-after referred to as "Client") and ServerFolio Network.

WHEREAS, ServerFolio owns, distributes, and/or provides various products and services that enable entities to utilize, conduct business on, connect to, and publish to the Internet.

WHEREAS, client desires to utilize the ServerFolio services to develop client's presence on the World Wide Web, connect to, and utilize the Internet.

NOW THEREFORE, in consideration of the mutual promises set forth herein, the parties here to agree as follows:

Definitions:

Customer: Person or corporation, signing on to ServerFolio's general and specific Agreement terms and conditions in connection with any Service purchased from ServerFolio.

Customer ID: Customer Account for any Service purchased from ServerFolio and giving access to the clientarea interface.

Diagnostic: Research undertaken by ServerFolio at the Customer’s request to identify a malfunction problem of the Service.

Documentation: ServerFolio makes available to its Customer a set of tools and documentation accessible on ServerFolio's website: https://manager.serverfolio.com/knowledgebase.php.

Facilities Management: Specific service performed by ServerFolio at the request of the Customer and billed to the Customer.

Incident: Problem or malfunction encountered with the Service and under the responsibility of ServerFolio and it's datacenters. The following are considered problems which ServerFolio's Datacenters are liable for: material, network, electrical problems …

Management Interface: "Manager" space accessible to the Customer on ServerFolio’s website upon identification by entering Customer ID and corresponding password.

Personal Data: Last name, first name, phone number, address, e-mail address, and all other information disclosed by the Customer in the course of its relationship with ServerFolio as well as any information which may be transmitted by ServerFolio to the judicial authorities.

Service: Means all the services provided by ServerFolio in compliance with the Service agreements entered into by the Customer.

Technical Support: Department in charge of advising the Customer regarding the installation and use of the Service by supplying the required documentation.

Section 1:

The Customer acknowledges that he/it has checked the suitability of the Service to his/its needs and that he/it has received from ServerFolio all the information and advice needed to enter into this agreement knowledgeably and willingly.

The purpose of this Agreement is to define the legal, technical and financial conditions of ServerFolio’s agreement with the Customer.

These General Terms and Conditions of Service, to which will be added, as applicable, specific terms and conditions and/or schedules proposed by ServerFolio, shall be applicable, at the exclusion of all other terms and conditions, including the terms and conditions of the Customer, to all the Customer’s orders of Service from the ServerFolio Network.

The ServerFolio services offered gratuitously are also governed by these General Terms and Conditions of Service

Section 2:

ServerFolio’S OBLIGATIONS:
ServerFolio agrees to use all due care and due dispatch to provide a quality Service in compliance with professional standards and the state of the art.

2. Payment and Invoicing
2.1 In consideration of the performance of the ServerFolio Services, Client shall pay ServerFolio in advance the amount set forth in Exhibit E. Exhibit E is amended from time to time for the ServerFolio Services provided during the term of this agreement. Exhibit E may be populated on this document at the time of contract agreement, but is also inclusive of any service ordered/requested by the client via the ServerFolio billing/ordering system (also referred to as the "management interface") at the time of contract agreement or at a later date.

2.2 Client shall receive a confirmation letter/invoice via e-mail at the time Client contracts for the ServerFolio services, which shall confirm the fees payable to ServerFolio. Thereafter, Client shall receive a monthly billing invoice/statement for the upcoming month, which shall indicate any changes in fees, which shall become effective upon thirty (30) days' notice as set forth in Section 2.4 herein. All services are invoiced 5-14 days in advance, and must be paid in full by the first day of new the service period. Clients with automated payment in place, maybe debited at the time of invoice generation. ServerFolio may bypass, or automatically update, credit card expiration dates, fraud checking, and/or AVS/CW verification. ServerFolio is not liable for any overdraft fees on clients account, as a result of any ServerFolio transaction.

2.3 Client is responsible for all activities and charges resulting from Client's use of the ServerFolio Services. Client agrees to pay all fees, bandwidth charges, connect time charges, surcharges, and other charges incurred by Client and set forth in the monthly billing statement. Client acknowledges that no refunds will be given by ServerFolio in the event that Client's account is terminated or suspended by ServerFolio or Client mid-term. In the event of a breach of security, Client will remain liable for any unauthorized use of the ServerFolio Services until Client notifies ServerFolio by Support Ticket (with account identifying information) and receiving a ticket tracking number.

2.4 Current rates for using the ServerFolio Service may be obtained by Submiting a Support Ticket, or visiting the ServerFolio website (www.serverfolio.com). ServerFolio reserves the right to change fees, surcharges, monthly membership fees or to institute new fees at any time upon thirty (30) days' (of end of current contract term) prior notice to Client. In addition, ServerFolio may institute special trial offers, from time to time which shall be reflected in the confirmation letter sent to Client upon sign up.

Late Fees
2.5 If ServerFolio does not receive the full amount of Client's ServerFolio service account balance by the first day of a new service period, an additional 10% (or highest amount allowed by law per month) late charge will be added to Client's bill and shall be due and payable. Client shall also be liable for all attorney and collection fees arising from ServerFolio's efforts to collect any unpaid balance of Client's account(s). Service suspension will occur immediately after the invoice is over-due.

2.6 Penalties and Extra Fees
Client agrees to pay ServerFolio €50.00EUR, per occurrence, for each chargeback issued against a transaction. Client agrees to pay ServerFolio a minimum of 35% (can be greater) or €30.00EUR (which ever is more) additional to total due invoice(s), per occurrence, for each credit reporting/collection agency filing that may be necessary to expedite receipt of payment, collect on overdue funds, or other related issues. Client agrees to re-imburse ServerFolio for all legal/court fees optained while attempting to collect client’s debt. Client agrees to pay ServerFolio €50.00EUR for each re-activation of a suspended service. The €50.00EUR re-activation fee is per service, with an account potentially containing multiple websites, servers, or other services. ServerFolio reserves the right to charge a €40.00EUR expedite fee for any support issue that client insists be taken care of “on the spot” immediately. Charges may be incurred for Abnormal Support requests serviced on your account. Client Agrees to pay ServerFolio €100.00EUR for each blacklisting occurrence due to client activities.

In an event that a client issues a dispute or chargeback against ServerFolio, ServerFolio holds the right to suspend or terminate client services immediately. Chargebacks/Disputes are not tolerated and client will forfeit all services with ServerFolio.

Credit Balance - Non-delivered services
2.7 In case a service was not delivered due to any reason (for example pending validation process) and the client has not asked for refunds for incomplete order then the amount will be credited to the customer account after 2 weeks of order. The credit balance must be used to pay for new or existing services within 3 months. After 3-Months the unclaimed credit balance will be removed and will be considered the property of the company. The client will not be eligible for refunds after 3-months of unclaimed credit balance.

3.1 Means Of Performance
ServerFolio shall provide Client with the ServerFolio services, as set forth. ServerFolio has the right to control and direct the means, manner, and method by which the services are performed. ServerFolio shall perform the services in a professional manner.

3.2 Support
ServerFolio shall provide a reasonable level of technical support to Client via Email, Support Tickets, Live Chat, and/or online manuals/Knowledgebases for the term of this Agreement.

3.3 Other Work
ServerFolio has the right to perform and license products to others during the term of this Agreement. ServerFolio may elect to electronically monitor the services and may disclose any content or records to satisfy any law, regulation, or other governmental request or to properly operate services and protect its Clients. ServerFolio reserves the right to block any site/account hosted by ServerFolio that contains/transfers any content that it deems in its sole discretion to be unacceptable or undesirable.

4. Responsibilities and Rights of Client

4.1. Client Liaison
Client shall designate a contact person who shall act as a liaison between Client and ServerFolio. Client certifies to ServerFolio that he/she is not a minor. A minor's parent or legal guardian may authorize a minor to use his/her account(s) under supervision. Client agrees to provide ServerFolio with accurate, complete and updated information required by the registration/initiation of the ServerFolio service (Client Registration Data), including Client's legal name, address, telephone number(s), and applicable payment data ( e.g., credit card number and expiration date ). Client agrees to notify ServerFolio within thirty (30) days of any changes in Client Registration Data. Failure to comply fully with this provision may result in immediate suspension or termination of your right to use ServerFolio Services.

4.2 Fees and Expenses
Client shall be responsible for payment of all costs, fees and expenses assessed by third parties in the course of being provided ServerFolio Services. Such costs include, but are not limited to, the fees required to register and maintain domain names, which is governed by a separate agreement between Client and NetEarthOne.

4.3 Third-Party Software
Third-Party software available through the ServerFolio Service may be governed by separate end user licenses. By using the ServerFolio Services and the third-party software, you agree to be bound by the terms of such end user licenses regarding the applicable third-party software.

4.4 Management of Content
Client shall be solely responsible for all content available/stored on or through their service, and shall at all times be subject to the terms of this Agreement, and any generally applicable guidelines and service standards published by ServerFolio. Client warrants that it's content hosted on the ServerFolio network (I) will conform to the ServerFolio Terms Of Service (TOS) attached here and will not contain any content that infringes on or violates any copyright, U.S/EU. will not contain any content which violates any applicable law, rule or regulation. ServerFolio shall have no obligations with respect to the content available/stored on or through any service on the ServerFolio network, including but not limited to, any duty to review or monitor any such content. ServerFolio reserves the right to block any site that violates any of the above-stated terms, or which in ServerFolio sole discretion, ServerFolio deems objectionable or offensive, or otherwise violates a law and/or ServerFolio policy, or, in the alternative, to terminate this agreement in accordance with Section 7.3 herein.

4.5 Service Level Agreement (SLA)
ServerFolio is required to maintain a Service Level Agreement (SLA) to guarantee network/equipment reliability and performance. The ServerFolio Service Level Agreement (SLA). ServerFolio reserves the right to change or modify this SLA to benefit the Client, and will post changes to online location currently housing this SLA at time of modification, which will be made available to Client. Except as set forth in this SLA, ServerFolio makes no claims regarding the availability or performance of the ServerFolio network or servers. Specific terms/points of this SLA may be adjusted on a case by case basis by the specific details of the "Contract Specification" section of this agreement. In case of difference terms/points in SLA and "Contract Specification", the "Contract Specification" terms/points prevail over this general SLA policy. The "Contract Specification" signed/agreed by client, is above and beyond this SLA, and Service Agreement terms are in affect, including, but not limited to, limitations of liability.

5. Confidentiality and Proprietary Rights

5.1 Confidentiality
Both parties acknowledge that: (I) the other party is the owner of valuable trade secrets, and other proprietary information and license same from others; (II) in the performance of the ServerFolio Services, both parties shall receive or become aware of such information as well as other confidential and proprietary information concerning the other party's business affairs, finances, properties, methods of operation and other data (here-in-after collectively referred to as ("Confidential Information"), and; (IV) unauthorized disclosure of any Confidential Information would irreparably damage the owner or supplier of such Confidential Information.

5.2 Non-Disclosure
Both parties agree that, except as directed by the other party or as provided in this paragraph, neither party will at any time during or after the term of this Agreement and for a period of three (3) years after any such termination disclose any Confidential Information to any person or entity, or permit any person or entity to examine and/or make copies of any reports or any documents prepared by the other party or that come into the party's possession or under the party's control that relates to Confidential Information; and that upon termination of this Agreement, both parties will turn over to the other party all documents, papers, and other matter in such party's possession or under such party's control that contain or relates to such Confidential Information. Both parties shall notify the other party, prior to disclosure of the information to the other party, that it considers the information to be confidential. Confidential Information shall not include information that: (I) is already lawfully known to or independently developed by the receiving party; (II) is in the public domain through no fault of the receiving party; (III) is lawfully obtained from a third party without restrictions; or (IV) is required to be disclosed by law, regulation or governmental order.

5.3 Injunctive Relief
Both parties acknowledge that disclosure of any Confidential Information by the other party will give rise to irreparable injury to the owner of such information, inadequately compensable in damages. Accordingly, either party may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies which may be available.

5.4 Proprietary Rights
Unless otherwise specified, all work performed hereunder, is the property of ServerFolio and all title and interest therein shall vest in ServerFolio; provided however, that any content or materials supplied by Client shall remain the property of Client and its suppliers. To the extent that title to any such works may not, by operation of law, vest in ServerFolio, all rights, title and interest therein are hereby irrevocably assigned to ServerFolio. All such materials shall belong exclusively to ServerFolio, and ServerFolio shall have the right to obtain and to hold in its own name, copyrights, trademarks, registrations, or such other protection as may be appropriate to the subject matter; and any extensions and renewals thereof. Client agrees to give ServerFolio and any person designated by ServerFolio such reasonable assistance, at ServerFolio's expense, as is required to perfect the rights defined in this paragraph.

5.5 Non-Compete Neither Client, nor ServerFolio, may at any time during contract term, and one year following termination of this contract, provide similar service to current customers of the other party. “Current customers” is defined in this case as; any party having been a client within the past 12 months of the current date, regardless of whether client is currently still utilizing such services. A signed waiver on a case by case basis is required, should both parties agree to make an exception. Both parties are required to notify each other should a customer attempt to switch service to the other party. In event of a breach of this clause, the parties agree that damages in the amount of 24 months (2x revenue) should be paid. If Client fails to pay ServerFolio for services rendered, or Client’s services are suspended/cancelled according to appropriate policy, ServerFolio retains the right to accept Client’s customers directly as ServerFolio clientele. ServerFolio will take reasonable action to re-activate/re-instate Client’s service prior to such measures being taken, but such action may be necessary to protect the best interest’s of the end-user of the ServerFolio services, as well as the reputation of ServerFolio itself.

5.6 Non-Solicitation
Neither party should knowingly solicit for employment, offer employment to, or employ any of the other party’s employees/staff during contract term, and one year following termination of this contract. In event of a breach of this clause, the parties agree that damages in the amount of 12 months (1x annual salary) current salary for the individual(s) should be paid.

5.7 Marketing Rights
Client agrees that ServerFolio may refer to Client, and/or Client’s business/company, in ServerFolio marketing materials, the ServerFolio website, and communication to ServerFolio current/potential clientele. Client grants ServerFolio a limited license and permission to use any Client trade name and/or trademark for such, and only for such, purposes.

6. Warranties/Indemnity

6.1 Warranty
Client understands that except for information, products, or services clearly identified as being supplied by ServerFolio, neither ServerFolio, nor any of its affiliates, operates or controls any information, products, or services on the Internet in any way and that, except for such ServerFolio identified information, services or products, all merchandise, information, and services offered or made available or accessible on the Internet generally are offered or made available or accessible by third parties who are not affiliated with ServerFolio or its affiliates. The terms and conditions for the use of ServerFolio software/services provided by ServerFolio are governed by the terms of each product's end user license.

ALL SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH THE ServerFolio SERVICES ARE PROVIDED ON AN "AS IS " BASIS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, ServerFolio DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE ServerFolio SERVICES; INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOU UNDERSTAND THAT PORTIONS OF THE INTERNET CONTAIN MATERIALS THAT ARE UNEDITED, SEXUALLY EXPLICIT AND MAY BE OFFENSIVE TO YOU AND THAT YOUR ACCESS TO SUCH MATERIALS IS AT YOUR OWN RISK. ServerFolio HAS NO RESPONSIBILITY FOR OR CONTROL OVER SUCH MATERIALS. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ServerFolio, ITS EMPLOYEES, LICENSERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ServerFolio OR ANYONE ELSE INVOLVED IN ADMINISTERING OR DISTRIBUTING THE ServerFolio SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE ServerFolio SERVICES and/or ServerFolio SOFTWARE INCLUDING BUT NOT LIMITED TO reliance on any information obtained, or stored, on the ServerFolio network; or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not limited to acts of god, communications failure, theft, destruction, or unauthorized access to ServerFolio records, programs, or services. ServerFolio is not liable for damage caused by lightning strikes to customer premise equipment, co-located equipment, or customer property connected to such. Client should take proper precations to protect their property from damage by lightning. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, IN SUCH STATES, ServerFolio'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

6.2 Indemnity
Each party will indemnify the other party from any and all third-party claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees resulting from the indemnifying party's material breach of any duty, representation or warranty under this Agreement, except those resulting from the gross negligence or knowing or willful misconduct of the other party. Such indemnity shall be conditional upon (I) prompt notification to the other party of any indemnifiable claim; (II) the indemnifying party's control of all settlement and other negotiations; and (III) the indemnified party's full cooperation with respect to such claim. 6.3 Limitation of Liability. ServerFolio shall not be liable to Client for more than the aggregate amounts paid to ServerFolio under this Agreement.

6.4 Liability
UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR LOST PROFITS.

7. Terms and Termination

7.1 Term
This Agreement will become effective on the date indicated in the "Contract Specification" section of this Agreement, and will remain in effect for the term indicated in same. This agreement is automatically renewed for same originating term as indicated in the "Contract Specification", section of this agreement at end of current term, unless Client terminates this Agreement (via fax, mail, or online cancellation form) to ServerFolio within twenty-four (24) prior or following end of current service term, or ServerFolio terminates this Agreement upon fifteen (15) days wirtten notice (via fax, mail, or email) to client, perior to end of the current service term.

7.2 Termination
In the event of any material breach of this Agreement by either party, the other party may terminate this Agreement, by giving five (5-10) days prior notice thereof (by email, by ticket, by fax); provided, however, that this Agreement shall not terminate at the end of said five (5-10) days notice period if the party in breach has cured the breach of which it has been notified prior to the expiration of said five (5-10) days.

7.3 Termination of Agreement
Client may terminate this Agreement at any time for any or no reason upon written notice (via ticket, email, or online cancellation form within Client Area) to ServerFolio, within twenty-four (24) prior to next service term. ServerFolio may terminate this Agreement at any time for any or no reason upon five fifteen (15) days written notice (via fax, ticket, or email) to Client, prior to end of current service term. Notwithstanding the foregoing, ServerFolio may immediately block Client's site or immediately terminate Client's access to and use of the ServerFolio Service and software; if at ServerFolio's sole discretion, it deems any information contained in Client's site to violate ServerFolio's Terms of Service (TOS), ServerFolio's Basic Policy and Service Guidelines (AUP), or to be otherwise objectionable or offensive or to violate the law, in accordance with Section 4.6 herein. Client's only right with respect to any dissatisfaction with any terms, rules, policies, guidelines, or practices of ServerFolio in operating the ServerFolio Service, any change in the content of the ServerFolio Service, or any change in the amount or type of fees charged in connection with the ServerFolio Service, is to terminate this Agreement by delivering notice to ServerFolio, effective the day ServerFolio receives notification of termination or any future date specified which is acceptable to ServerFolio. ServerFolio may terminate immediately any Client who misuses or fails to abide by this Agreement, ServerFolio's Terms of Service (TOS), or ServerFolio's Basic Policy and Service Guidelines (AUP) ServerFolio may terminate without notice Client's access to and use of the ServerFolio Service and Software upon a breach of this Agreement. If ServerFolio denies you access to the ServerFolio Services, you shall have no right to obtain any credit(s) otherwise due to you. ServerFolio shall have no responsibility to notify third-party providers/users of services, merchandise, or information, associated with your ServerFolio Service, nor shall ServerFolio have any responsibility for any damages that result from the lack of such notification.

7.4 Money Back Guarantee
At this current time ServerFolio does not offers money back guarantee for any of our service. Refunds can only be requested before the service provision, please read our refund policy for further information: www.serverfolio.com/refund-policy.php

7.5 Surviving Sections
The following paragraphs shall survive the termination of the Agreement: 5 ("Confidentiality and Proprietary Rights"), 6 ("Warranties/Indemnity") and 8 ("General").

8. General

8.1 Waiver
A failure of either party to exercise any right provided for herein shall not be deemed to be a waiver of any right hereunder.

8.2 Notices
Any notices or legal communication under this agreement shall be in writing (via fax or email) and shall be deemed delivered to the party receiving such communication at the address specified below (I) on the delivery date if delivered personally to the party, or a represntative of the party; (II) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (III) five business days after tha mailing date, whether or not received, of sent by mail, return receipt requested; (IV) on the delivery date if transmitted by confirmed facsmile.

If to ServerFolio customer.service{at}ServerFoliod(dot)com

If to client:
contact information provided in "contract specification" section of this agreement, on provided to ServerFolio in the ServerFolio secure client interface.

8.3 Governing Law This agreement shall be governed by and construed in accordance with the laws of United States, European Union and/or law of AJK state of Pakistan, dependant on location of client, except with regard to it's conflict of law rules.

8.4 Modifications
No modifications, amendment, supplement to or waiver of this Agreement or any exhibit is invilid or otherwise unenforceable, the enforceability of remaining provisions shall be unimpaired.

8.5 Waiver
A failure of either party to excercise any right provided for herein shal not be deemed to be a waiver of any right hereunder.

8.6 Severability
In the event any one or more of the provisions of the Agreement or any of any exhibit is invalid or otherwise unenforceable, the enforceability of remaining provisions shall be unimpaired.

8.7 Force Majeure
Neither party hereto shall be liable for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of any contingency beyond the reasonable control of such party, including without limitation, fire, flood, strike, and other industrial disturbance, failure of transport, accident, war, riot, insurrection, act of God or order of governmental agency. Performance shall be resumed as soon as possible after cessation of such cause. However, if such inability to perform continues for forty-eight (48) hours, the other party may terminate this Agreement without penalty and without further notice.

8.8 Independent Contractors
The parties to this Agreement are independent contractors. Neither party is an agent, representative, or partner of the other party. Neither party shall have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party. This Agreement shall not be interpreted or construed to create an association, agency, joint venture or partnership between the parties or to impose any liability attributable to such a relationship upon either party.

.9 Entire Agreement
This Agreement sets forth the entire agreement, and supersedes any and all prior agreements of the parties with respect to the transactions set forth herein. Neither party shall be bound by, and each party specifically objects to, any term, conditions or other provisions which is different from or in which is proffered by the other party in any correspondence or other document, unless the party to be bound thereby specifically agrees to such provision in writing.

Specific Terms and Conditions for Dedicated Servers

Section 1:

The purpose of these Specific Terms and Conditions, which are complementary to ServerFolio’s General Terms and Conditions of Service, is to define the technical and financial terms and conditions pursuant to which ServerFolio agrees to rent and host on its platform the Customer’s dedicated internet server.

The Customer hereby recognizes expressly that ServerFolio shall not participate in any way in the design, development, realization and set-up of the Customer’s website and/or services and of its management and administrative computer tools within the meaning of this agreement.

In the event of a conflict between the General Terms and Conditions and these Specific Terms and Conditions, the latter shall prevail.

Section 2:

The ServerFolio platform server, where the Customer’s dedicated server will be installed shall be accessible to the public on the internet network via stations connected to the network.

Throughout the period of renting the dedicated server to the Customer, the Supplier shall provide the Customer with access to a blog/support tickets, which the Customer may use to obtain technical advice.

Section 3: Technical Support

Technical assistance is made available to the Customer by ServerFolio pursuant to the terms and conditions provided under the General Terms and Conditions of Service.

Section 4: Delivery of the Service

ServerFolio shall inform the Customer by e-mail when the dedicated server becomes available. Invoicing shall begin on the effective date of the online launching of the dedicated server.

The server shall become available within a maximum of 7 days of the effective payment date by the Customer ofthe purchase order.

After such deadline has expired and if ServerFolio fails to make available the server to the Customer, said Customer shall be entitled to request the cancellation of the transaction and the reimbursement of amounts already paid.

The server rented to the Customer shall remain the property of ServerFolio and it's datacenters. Any server rented or hosted by ServerFolio has a static IP address. The server shall be hosted on ServerFolio's datacenters’s server platform.

The technical specifications of the Service are detailed on the www.serverfolio.com website.
The Budget Dedicated Servers range is subject to a limitation new dedicated servers per month, per Customer, define on the Website. ServerFolio reserves the right to decline the subscription of any new dedicated server rental contract as soon as the Customer has reached this number of new servers.

The Customer is the administrator of the server rented from ServerFolio. He/It may install on his/its own the software applications on the server. He/It is fully responsible for the software installation, and ServerFolio may not be held liable for any server malfunction following such installation.

Section 5: ServerFolio's Obligations

ServerFolio agrees to use all due care and due dispatch to provide a quality service in compliance with professional standards and the state of the art. ServerFolio agrees to:

5.1. Keep the material in good working condition. In the event of failure of the material rented out to the Customer, ServerFolio agrees to replace any defective parts at its earliest convenience, except in cases where it is not liable for the failure, or of any other intervention which would require an interruption of service beyond the usual replacement wait times. In the latter case, ServerFolio shall immediately notify the Customer.
5.2. Ensure access to the server via internet 24 hours a day, every day of the year. ServerFolio reserves the right to interrupt the server for a technical intervention designed to improve its operation.
5.3. At the customer’s request intervene quickly in the event of a malfunction not resulting from a misuse of the server by the Customer.
5.4. Ensure that its tools are maintained at the highest quality level in compliance with professional rules and standards.

Section 6: ServerFolio's Liabilities

ServerFolio reserves the right to interrupt the rented server’s internet connection if such server constitutes a danger regarding the maintenance of security on ServerFolio’s hosting platform, whether this is as a result of the piracy of such server, the detection of a flaw in the security system, or the need to update the server.

ServerFolio shall, to the extent possible, notify the Customer in advance and within a reasonable deadline, by informing him/it of the nature and the length of the intervention, in order to enable such Customer to make arrangements in that regard. ServerFolio shall restore the connection as soon as the corrective measures have been completed.

ServerFolio shall not be liable for the content of information, sound, text, images, elements of form, or data accessible on the websites hosted on the Customer’s server, which are transmitted or placed online by the Customer for any reason whatsoever.

ServerFolio shall not be liable in case of a violation, in whole or in part, of an obligation or of a network operators’ flaw in transmission to the internet, especially if it involves its access provider(s).

LIMITED LIABILITY

THE CUSTOMER ACKNOWLEDGES THAT ServerFolio AUTHORIZES OTHER SERVICE USERS TO INSTALL THEIR WEBSITES AND SERVERS IN ITS FACILITIES. ServerFolio SHALL NOT BE LIABLE IN ANY WAY WHATSOEVER FOR DAMAGES, COSTS OR LOSSES INCURRED BY THE CUSTOMER (OR BY THE LATTER’S OWN CUSTOMERS) AND CAUSED BY ANOTHER SERVICE USER’S ACT, MATERIAL OR FAILURE TO ACT. ServerFolio’S LIABILITY IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE) BY STATUTE, OR OTHERWISE, TO THE CUSTOMER (OR THE LATTER’S OWN CUSTOMERS), CONCERNING PERFORMANCE OR NONPERFORMANCE, AS APPLICABLE, OF ANY OBLIGATION CREATED UNDER THIS AGREEMENT, WITH REGARD TO ANY CLAIM, SHALL BE LIMITED AND SHALL NOT, IN THE AGGREGATE, EXCEED THE TOTAL FEES PAID BY THE CUSTOMER TO ServerFolio UNDER THIS AGREEMENT IN THE THREE- (3-) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE. IN NO EVENT SHALL ServerFolio BE LIABLE FOR ANY LOST PROFITS, OR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES.

Section 7: Customer’s Obligations and Liabilities

7.1 With respect to hosting, the Customer shall remain solely and exclusively responsible the server. It is therefore the Customer’s responsibility to take all the required measures to insure the server. The Customer may either elect to become his/its own insurer or to purchase appropriate insurance. In such cases, the Customer shall not be entitled to request any reimbursement, replacement or compensation whatsoever from ServerFolio for damages or failures to the server.

7.2 The Customer acts as an independent entity and therefore assumes all the risks related to his/its activities. The Customer is solely liable with regard to the use of the services and websites hosted on his/its dedicated server, the content of the information transmitted, posted or collected, including operations and updates, as well as with regard to all files, including address files. The Customer agrees, more specifically, to comply with the rights of third parties, human rights, and intellectual property rights, such as copyrights, patent rights or trademarks. ServerFolio shall therefore not be liable, in any way whatsoever, for the content of information transmitted, posted or collected, used, and updated, as well as for any files, including address files.

ServerFolio alerts the Customer as to the legal consequences that could result from unlawful activities on the server, and disclaims any joint and several liabilities regarding the use of the data made available by the Customer to internet users.

The Customer shall also refrain from any breach or attempted breach activities (such as port scanning, sniffing, spoofing, etc.) while using the server.

In such cases, the Customer shall not be entitled to the reimbursement by ServerFolio of amounts already paid in.

7.3 The Customer alone shall bear the consequences of a server malfunction resulting from the use by his/its staff or by any other person to whom the Customer has provided his/its password(s). The Customer shall also bear alone the consequences resulting from the loss of such password(s).

7.4 In order to maintain the security level of the Customer’s server, and of all its servers on its hosting platform, ServerFolio agrees to notify the Customer of the availability of updates for its applications where security flaws have been reported. If these application updates are not carried out at ServerFolio’s request, ServerFolio reserves the right to interrupt the server’s connection to the internet network.

Similarly, in the event ServerFolio detects that a Customer’s computer is subject to piracy, an e-mail shall be sent to such Customer, advising him/it that he/it should use a reinstallation procedure in order to ensure the integrity of his/its server and of the entire hosting platform. The Customer may order such procedure from ServerFolio after backing up all his/its data. While awaiting the computer’s reinstallation, ServerFolio reserves the right to interrupt the server’s connection to the internet network. ServerFolio is not required to transfer the data from the pirated system to the new system; such operation is the Customer’s responsibility. ServerFolio hereby agrees to limit its intervention to the installation of the new system.

7.5 For security reasons, ServerFolio can proceed with the immediate suspension (without notice) of any server on which would be offered paid or free public proxies, such as IRC, VPN, TOR for which ServerFolio have knowledge of misuse, fraudulent or unlawful use.

7.6 The Customer shall take all required measures to ensure the backup of his/its data.

7.7 The Customer shall pay for any license or right to use he/it has agreed to with ServerFolio, or with a third party, failing which, ServerFolio reserves the right to suspend the service without prior notice.

7.8 ServerFolio reserves the right to check the Customer’s compliance with the provisions regarding use of the service.

ServerFolio reserves the right to suspend the service without prior notice, as provided under section 7 of ServerFolio’s general service terms and conditions, in the event the Customer fails to comply with ServerFolio’s specific and general terms and conditions of service and, generally, with all laws and regulations in force, as well as with rights of third parties.

7.9 The Customer is reminded that ServerFolio’s intervention in connection with the contract on a dedicated server is limited to installing the server. ServerFolio only insures in that regard the rental of a specialized infrastructure, without any control whatsoever over the content of the hosted websites or the contractual relationship between the sites’ editor and their Web host, an ServerFolio Customer under a dedicated server rental contract. The Customer shall therefore be considered a Web host.

7.10 The Customer acknowledges and agrees to be also subject to the laws applicable in the territory on which the equipment are installed. Hence, the Customer acknowledges ServerFolio’s right to suspend his service if it is used for a prohibited activity at the place of physical location of the equipment provided by ServerFolio. The Customer also agrees that the same right applies on IP addresses and the Customer acknowledges ServerFolio’s right to suspend an IP if it is used for a prohibited activity at the place of registration of the IP. In the event of such use, ServerFolio may suspend all the IP address of the Customer registered in the same location.

Section 8: Measures Against Spam Sending from our Networt

ServerFolio is implementing a set of technical measures to fight against the sending for fraudulent e-mails as well of SPAM from its infrastructures.

To this end, ServerFolio performs some verification on the traffic sent from the server used by the client to port 25 (SMTP) on the Internet. The traffic is analyzed by automatic tools .

Emails sending are neither filtered nor intercepted but checked with a time lag of a few seconds. These operations are performed in parallel and in sequentially before the emails are sent to the Internet.

Similarly, no operation is performed on the emails sent: ServerFolio does not tag emails, and does not alter in any way the emails sent by the Client. No information is stored by ServerFolio during these operations outside of statistics.

This operation is done regularly and is fully automatic. No human intervention is performed when checking traffic to port 25 (SMTP port).

In the case of the emails sent from a Client’s server identified as spam or fraudulent, ServerFolio will inform the Client by email and will block the SMTP server port.

ServerFolio does not retain any copies of emails sent from the SMTP Server even when identified as spam.

The Customer may request the unblocking of the SMTP port through the management interface.

Any new email identified as spam will result in a new blocking of the SMTP port for a longer time.

From the third blocking, ServerFolio reserves the right to refuse any request to unblock the SMTP port.

Section 9: Mitigation (Protection from Dos and Ddos attacks

ServerFolio is implementing a protection against Denial Of Service (DOS) and Distributed Denial Of Service (DDOS) computer attacks and provided when made in a massive way. This feature is to prevent the Customer’s operations to be inaccessible during the attack.

This object of this feature is to check the traffic to the Customer’s Service and from outside of the ServerFolio network. The illegitimate qualified traffic is then rejected upstream in the Client’s infrastructure, allowing legitimate users to access the Service despite the undergoing cyberattack.

These safeguards do not prevent other computer attacks such as SQL injection, bruteforce, security vulnerabilities’ exploitation etc. Due to the great complexity of this Protection Service, ServerFolio is not subject to an obligation of means; it is possible that the attack is not detected by the tools in place, and that the tools developed do not prevent the operation of the Service to be interrupted.

Depending on the nature of the attack and its complexity, ServerFolio deploy a protection at different levels of traffic to preserve its infrastructure and the Customer Service.

Mitigation is activated only after the attack is detected by ServerFolio tools, and a minimum of 26 hours. Therefore until the activation of mitigation, the Service is frontally affected by the attack, which can lead to its unavailability.

As soon as the cyber attack is identified and mitigation is automatically activated, mitigation can not be disabled until the end of a 26 hours period.

Throughout the duration of the activation of mitigation, ServerFolio can not guarantee the availability and accessibility of the Client’s applications but will try to limit the impact of this attack on Customer's Service and on ServerFolio’s Infrastructure.

If, despite the activation of mitigation, the cyber attack is likely to jeopardize the integrity of the ServerFolio’s or of other ServerFolio customers, ServerFolio will strengthen its protective measures which may cause a degradation of the Customer Service or impact its availability.

Finally, it is possible that some of the data generated by the attack can not be detected by the ServerFolio equipment and reach the Customer Service. The effectiveness of mitigation also depends on the configuration of the Customer's Service; as such, it is up to them to verify that they have the necessary skills to ensure proper administration.

The mitigation does not exempt the Client to secure its Service, to implement security tools (firewalls ...), to regularly update its system, backup its data or to ensure the security of its computer programs (scripts, codes ...).