Customer Agreement

1. General Provisions

1.1. Basic Terms

1.1.1. This Customer Agreement (the “Agreement”) is a legal contract between You or the person You represent (the “Client”, “You” or “User”) and UAB ServerMall, a legal entity registered in the Republic of Lithuania, Business ID 304746324, VAT LT100011518119, address: Kuršių g. 2F, Vilnius 03153, Lithuania (“Servermall Cloud”, “Servermall Cloud Services”, “SMCS”, “We” or “Us”).

1.1.2. This Agreement describes the rules for using the products and services offered by the Servermall Cloud platform and the website whose main URL is https://cloud.servermall.com, as well as the related online services and software provided by Servermall Cloud for download or use. These items are collectively referred to as the “Site”. Servermall Cloud may engage contractors and service providers to provide technical support for the Site and Services; such persons are not parties to this Agreement.

1.1.3. This Agreement also applies to Your use of all content of the Site, referred to below as “Materials”. Materials include text, data, software, graphics and proprietary content that Servermall Cloud provides to You directly or through contractors, service providers or licensors, as well as any services that Servermall Cloud may provide through the Site.

1.1.4. The Materials, the Site and the services provided through them are collectively referred to as the “Services”.

1.1.5. By using any Services or accessing any Materials provided by Servermall Cloud, You confirm that You have read this Agreement and accept its terms. This acceptance is a necessary condition for Your use of Our Services and Materials.

1.1.6. If You do not agree to the terms of this Agreement, You must not use Our Services or Materials.

1.1.7. By using the Services, You confirm that You have reached the age of majority under the laws of Your jurisdiction and have legal capacity to enter into contracts. This provision ensures that all users use the Services while having the legal ability to enter into binding agreements.

1.1.8. If You do not have legal capacity to enter into contracts, whether because of age or for any other reason, You are strictly prohibited from using the Services or providing information to Servermall Cloud or through the Services.

1.1.9. For ease of navigation, this Agreement is divided into sections and subsections, each headed so as to summarise and broadly reflect the relevant aspects of the interaction between You, Servermall Cloud and third parties. However, the scope of the provisions may be wider than indicated in the headings and often extends to matters outside the topics stated in the heading, unless the text of the relevant provision expressly states otherwise.

1.1.10. If You have a separate signed contract with Servermall Cloud for the provision of specific services (the “Contract”), that Contract prevails over this Agreement. If there are any inconsistencies between them, the terms of the Contract prevail. This Agreement will apply in addition to the Contract where the Contract does not contain specific provisions included in this Agreement.

1.1.11. This Agreement incorporates, as integral parts, the following documents: Acceptable Use Policy, Intellectual Property Policy, Privacy Policy, Europe Privacy Policy, US Privacy Policy, Cookie Policy, No Spam Policy, Service Level Agreement, Referral Policy, Partner Agreement, Trial Policy, applicable special policies of Servermall Cloud, including applicable Special Trial Policy and Special Referral Policy documents, as well as any separate Contracts that Servermall Cloud may enter into directly with You, and any other terms that Servermall Cloud may provide through Its online resources. The Agreement that has entered into force cancels and replaces any previous written or oral agreements on the same matters, except for current Contracts, Individual Trial Programme Agreements and other documents that expressly remain in force or have priority under this Agreement, Trial Policy, Referral Policy, Partner Agreement or applicable special policies of Servermall Cloud, including applicable Special Trial Policy and Special Referral Policy documents.

1.1.12. If Servermall Cloud does not exercise any rights or enforce any provisions of this Agreement, this does not mean that Servermall Cloud waives that right or provision.

1.1.13. If any provision of this Agreement is found in any jurisdiction to be unlawful, invalid or unenforceable for any reason, that provision will be deemed severed from the Agreement in that jurisdiction and will not affect the validity and enforceability of the remaining provisions or of the provisions in other jurisdictions.

1.1.14. For the purposes of this Agreement, Servermall Cloud is an independent contractor and does not intend to create a partnership, joint venture or agency relationship. Any forms of such cooperation are outside the scope of this Agreement and require a separate agreement signed by the parties.

1.1.15. This Agreement contains a dispute resolution and arbitration provision, including a class action waiver, that affects Your rights, and depending on Your jurisdiction this section may not apply to You.

1.1.16. No section of this Agreement provides legal or professional advice on any matters mentioned in this Agreement. You should independently obtain professional legal advice to comply with all laws and other regulations applicable to Your activities.

1.1.17. From the start of Your use of the Servermall Cloud Services and for two years after the end of that use, You agree not to solicit, hire or contract, directly or indirectly, employees of Servermall Cloud who worked for Servermall Cloud during the term of this Agreement for work in Your company, in a company that controls You, is controlled by You or is under common control with You.

1.1.18. For the purposes of this Agreement, “Account” means a User account on the Site, created or provided by Servermall Cloud after registration and used to access the client area, control panel, billing, orders, ticket system and other Servermall Cloud interfaces.

1.1.19. For the purposes of this Agreement, “Protected Persons” means the management body members, employees, agents, contractors, service providers and licensors of Servermall Cloud, where such persons act in connection with the creation, operation, technical support, production or provision of the Site, Services, Materials, technologies or content available in the Services. Protected Persons are not parties to this Agreement.

1.2. Electronic Communications

1.2.1. Communication between You and Servermall Cloud is conducted by electronic means. For this purpose, electronic means include forms of digital communication, including notices through the Servermall Cloud Site and email.

1.2.2. Electronic means of communication apply to communication between You and Servermall Cloud regardless of the method of communication, whether You visit the Servermall Cloud Site, send emails to Servermall Cloud, use the Services provided by Servermall Cloud, receive notices on the Site or by email from Servermall Cloud. All these actions take place electronically.

1.2.3. For communications with Servermall Cloud in connection with the performance of this Agreement and/or receipt of the Services, You agree:

1. To receive messages from Servermall Cloud electronically.
2. All terms, agreements, notices, disclosures and other communications that Servermall Cloud sends to You electronically satisfy any legal requirement that such communications would satisfy if they were provided in written form on paper.

1.2.4. The rules for exchanging messages by electronic means of communication do not limit Your legal rights.

1.2.5. If Servermall Cloud requires You to provide an email address, You are responsible for providing Servermall Cloud with Your current email address and for completing mandatory verification of that address in the manner provided by this Agreement and/or the Site interfaces.

1.2.6. If You have provided Servermall Cloud with an email address that is invalid or for any reason cannot receive emails addressed to You from Servermall Cloud, the notices contained in those emails will nevertheless be deemed properly delivered to You by Servermall Cloud.

1.2.7. Evidence of successful transmission of electronic messages must be retained.

1.2.8. With respect to all electronic messages, the Parties to this Agreement agree as follows:

1. The information contained in an electronic message and identifying the sender is legally sufficient confirmation of the identity of the sender and evidence of the authenticity of the message.
2. An electronic message sent by You and identifying You establishes You as the originator of the electronic message and will have the same effect as a document with Your handwritten signature on paper.
3. An electronic message or its printout is deemed valid confirmation of the content of the original message.

1.3. Procedure for Providing Documents and Information

1.3.1. Servermall Cloud may, at any time during the term of Your cooperation with Servermall Cloud, request documents and/or information from You that are reasonably necessary:

1. to identify and verify Your identity and/or the organisation on whose behalf You act;
2. to confirm Your address, status, the authority of a representative and other legally significant circumstances;
3. to verify payment status and prevent fraud;
4. to confirm eligibility to participate in Incentive Programs, referral and/or partner programmes;
5. to review requests, resolve disputes and claims;
6. to comply with applicable law and lawful requests of competent authorities.

1.3.2. A request by Servermall Cloud for documents or information may be sent through the Site interfaces, in the client area, through the ticket system and/or to the verified email address specified in the Account. The request must, as far as reasonably possible, contain a description of the required documents/information, the purpose of the request and the permitted submission channel.

1.3.3. For security purposes and to minimise the risks of data compromise, You agree to provide documents and information only through channels that correspond to the category of such information. For the purposes of this section, the following channels apply:

1. Specialised secure forms of the Site – interfaces expressly intended for registration, authentication, access recovery, changing credentials, confirming actions, verification and/or payment, including integrated payment gateway pages to which You are redirected to complete a payment.
2. The Servermall Cloud ticket system – the request system in the client area of the Site (including the file attachment function), as well as other specialised secure Site interfaces expressly designated by Servermall Cloud as intended for uploading documents/information (collectively, the “Secure Channel”).
3. Operational and public channels – telephone calls, online chats, messages in messaging apps, posts on forums, in comments, FAQ sections, social networks and other similar channels (the “Operational Channels”). Operational Channels are intended for general consultations and the exchange of information that is not confidential/sensitive and does not require secure transmission.

If the Servermall Cloud request does not specify a channel or You have doubts about whether the channel is permitted, You agree to use the Secure Channel.

1.3.4. The following information is intended only for entry into specialised secure forms of the Site and/or on payment gateway pages and must not be transmitted through the ticket system, email, telephone, chats, messengers, forums, comments, FAQ, social networks or any other channels:

1. the Account password and any access elements replacing the password;
2. two-factor authentication codes, one-time confirmation codes (SMS codes, codes from emails, OTP and their equivalents);
3. full payment card details and other payment details that make it possible to initiate debiting of funds, including the full card number (PAN), expiry date, CVV/CVC, PIN;
4. payment system account details, including logins/passwords (PayPal and equivalents);
5. other information that, by the meaning of the interface, is intended to be entered only into secure fields during registration, payment, verification, access recovery or changing credentials.

1.3.5. If Servermall Cloud requests documents or information from You that contain personal data, confidential information or other sensitive information (including, without limitation: images of identity documents, proof of address, documents confirming the registration/authority of an organisation, information to confirm participation in Incentive Programs, dispute materials), You agree to provide such documents/information only through the Secure Channel.

1.3.6. When providing documents/information through the Secure Channel, You agree:

1. to provide them to the extent necessary for the purpose of the request;
2. to follow the technical instructions of Servermall Cloud specified in the request (format, content, deadline, procedure for provision);
3. not to include in the text of a request and/or attachments the information specified in clauses 1.3.4 and 1.3.14 of this Agreement, unless the relevant secure interface is expressly intended for providing such information.

1.3.7. Through Operational Channels, only information may be transmitted and discussed where disclosure does not create a reasonable risk to the security of the Account, payments and personal data, in particular:

1. general reference information about the Services, the procedure for using them and typical scenarios;
2. answers to documentation questions and general troubleshooting recommendations that do not require the transmission of documents and/or confidential materials;
3. limited identifiers for routing a request (for example, ticket number, account/invoice identifier, transaction identifier, the last four digits of a payment card), if this is expressly requested by a support employee to locate the request and provided that such information is not information specified in clauses 1.3.4 and 1.3.14 of this Agreement.

1.3.8. If, during communication through Operational Channels, for example by telephone or chat, it becomes clear that documents or sensitive information must be provided to continue, Servermall Cloud may require the interaction to be moved to the ticket system and/or another Secure Channel, and You agree to do so.

1.3.9. Any requests to provide the information specified in clauses 1.3.4 and 1.3.14 of this Agreement, received through any channels other than specialised secure forms and payment gateways (including email, the ticket system, telephone, chats, messaging apps, forums, comments, FAQ, social networks), are deemed invalid and must be ignored. Such requests should be treated as a fraud attempt. You agree to report such incidents to Servermall Cloud support immediately at [email protected], without disclosing the information specified in clauses 1.3.4 and 1.3.14 of this Agreement.

1.3.10. Documents and information provided by You in breach of the requirements of this section (in particular, through ordinary email, messaging apps, chats or other channels that are not the appropriate channel for the data category) are deemed improperly provided. Servermall Cloud may:

1. not process such documents/information until they are provided again through the proper channel;
2. not take them into account during verification, when making decisions on providing the Services, when providing access to Incentive Programs and/or when reviewing disputes.

1.3.11. You bear the risk of compromise of data transmitted by You through improper channels (including interception, access by third parties, leakage).

1.3.12. Personal data provided by You to Servermall Cloud are processed in accordance with this Agreement and the applicable privacy policies of Servermall Cloud (including the Privacy Policy and, where applicable, the Europe Privacy Policy or US Privacy Policy). These rules apply to information that You provide through specialised forms of the Site, in the client area (requiring authentication) and/or through the Secure Channel in response to an official request from Servermall Cloud.

1.3.13. Personal data and other information that You voluntarily disclose in public sections of the Site (for example, on forums, in comments, in public discussions and FAQ sections) are deemed publicly disclosed by You; such information is not treated as provided through the Secure Channel and may be available to an unlimited number of persons.

1.3.14. Servermall Cloud does not request or require You to provide:

1. private keys, seed phrases, access tokens, API secrets and other similar means of access;
2. logins/passwords for third-party services, including payment services;
3. the password for Your Account and one-time confirmation codes outside specialised forms of the Site;
4. full payment card details outside secure payment forms and payment gateways.

You agree not to provide the above information to anyone outside specialised secure forms and payment gateways.

2. Terms of Use and Authority

2.1. Modification of this Agreement

2.1.1. Servermall Cloud reserves the right to amend this Agreement at any time. Changes will be communicated through notices on the Site and/or notices by email and/or other methods permitted by law.

2.1.2. The updated Agreement takes effect from the time it is published, unless the law provides otherwise.

2.1.3. If required by law, We will request Your explicit consent to any updates or changes to the Agreement, providing detailed information on how to accept or reject those changes.

2.1.4. If You do not agree to any updates or changes to the Agreement, Your only option is to stop using the Services and Materials.

2.1.5. If You continue to use the Services after changes to the Agreement take effect, this means that You agree to the changes to the Agreement.

2.2. Assignment and Transfer of Rights and Obligations

2.2.1. The rights and obligations arising under this Agreement may not be assigned or transferred by You to third parties. Any attempted assignment or transfer will be invalid and have no legal effect.

2.2.2. Servermall Cloud may assign or transfer its rights and obligations under this Agreement without restriction.

3. Account

3.1. Account Registration

3.1.1. The Site is available to all users, who will be referred to as “Visitors”. However, the full range of Services will be available only to those users who have successfully completed the registration process on the Site and have received an Account from Servermall Cloud. Users who have an Account on the Servermall Cloud Site will be referred to as “Registered Users”.

3.1.2. A Registered User receives a login (email) and password that the Registered User may use to access the Services or modify their content and data. Registered Users may choose what information about themselves to make public or display.

3.1.3. By registering an Account, You confirm:

1. That You are not prohibited from using the Services under this Agreement.
2. That You are not prohibited from using the Services under the law of the jurisdiction applicable to You.
3. That You are authorised to act on behalf of another person, group, organisation or entity and have the necessary legal authority to bind the third parties specified by You when registering the Account to the terms of this Agreement, if You register on their behalf.

3.1.4. By starting the Account registration procedure, You agree:

1. To provide true, accurate, current and complete information about Yourself or the third parties that You represent, as requested by the Site registration form (“Registration Data”), including contact details and other information that belongs to You, relates to the organisation that You represent, or is provided and used by You on a lawful basis;
2. To maintain and promptly update the Registration Data so that it remains true, accurate, current and complete.
3. To ensure receipt of all notices and messages from Servermall Cloud sent to the email address specified by You and/or through the notification system on the Site.
4. To complete mandatory verification of the email address specified when registering the Account by receiving an email from Servermall Cloud and following the unique link contained in that email; if the email address is changed, to complete verification again.
5. To complete mandatory verification of the mobile phone number specified when registering the Account (or added later) by receiving an SMS message with a one-time verification code and entering that code in the Site form; if the phone number is changed, to complete verification again.
6. Not to create an Account using a false identity or false information.
7. Not to have more than one Account at any time.
8. Not to register an Account on behalf of an individual who is not You, or to register an Account on behalf of any group or organisation, unless You are authorised to bind that person, group, organisation or entity by obligations under this Agreement.
9. Not to create an Account or use the Services if You have previously been removed by Servermall Cloud, or if You have previously been prohibited from using any property of Servermall Cloud.
10. To notify Us immediately at [email protected] of any unauthorised use of Your Account or any other security breach of which You are aware or which You reasonably suspect.

3.1.5. Until mandatory verification of the email address and mobile phone number is completed, Servermall Cloud may restrict access to Service functions and/or suspend provision of the Services until the relevant verification is successfully completed.

3.2. Responsibility of the Registered User

3.2.1. The Registered User is responsible for:

1. Maintaining the confidentiality of the Account password.
2. Ensuring that none of the Servermall Cloud domains, including https://cloud.servermall.com, is placed on a spam blocking list used by You or Your email provider.
3. Performing all necessary tasks related to security configuration and management for Your website(s) and all domains, web pages or IP addresses that You host using the Services.
4. Performing all necessary tasks related to security configuration and management to protect Your content and data, including the data of Your clients and/or end users hosted using the Services.
5. Managing security updates and patches, any installed application software or utilities, any files available through Your website(s), and the configuration of any security utilities provided by Servermall Cloud.
6. Any actions and/or damage caused to Servermall Cloud and/or third parties by You, using Your authentication data and/or under Your Account.

3.2.2. If You registered an Account on behalf of another person, group, organisation or entity, Your acceptance of the terms of this Agreement also extends to all actions performed by the third parties on whose behalf You registered the Account, and requires them to ensure full compliance with the provisions set out in this Agreement.

3.2.3. If You act on behalf of another person, group, organisation or entity and it is established that You did not have the necessary legal authority to bind the third parties specified by You when registering the Account, You assume full personal responsibility for any actions taken by You and their consequences.

3.3. Rights of Servermall Cloud

3.3.1. Servermall Cloud may establish procedures for checking Account Registration Data and may at any time check the validity and accuracy of Account Registration Data and/or any information provided by You.

3.3.2. Servermall Cloud may terminate Your Account at any time for the following reasons:

1. Provision of false, inaccurate, outdated or incomplete information when registering the Account or when changing Account data, as well as where Servermall Cloud has grounds to believe that such information is untrue.
2. Breach of the terms of this Agreement or breach of the requirements of other documents referred to by this Agreement and mandatory for Our clients to comply with.
3. Refusal by the Registered User to comply with, or ignoring, requirements to change the Account password or Account username.
4. Failure to complete mandatory verification of the email address and/or phone number.

3.3.3. Servermall Cloud may at any time require the Account password to be changed if it considers the password unsafe or unsuitable.

3.3.4. Servermall Cloud may at any time require the Account username to be changed if:

1. It considers it invalid or unacceptable for any reason.
2. Third-party statements have been received that the username infringes their rights.

3.4. Account Termination

3.4.1. You may close Your Account by using the functionality provided in the personal account area of Your Account at https://cloud.servermall.com or, alternatively, by writing to Us at [email protected] with the relevant message.

3.4.2. After You perform actions in the personal account area that clearly aim to close the Account, or after We receive an email requesting closure of the Account from Your email address used when registering the Account, We will start closing Your Account and send You confirmation of Account closure by email.

4. Services and Subscription

4.1. Subscribing

4.1.1. After successful completion of the Account registration process, You will receive access to the Services provided by Servermall Cloud.

4.1.2. To access a specific Service, You must select the relevant service plan under which it is offered; this creates a “Subscription” to that Service.

4.1.3. The duration of Your Subscription is determined based on the Subscription parameters selected by You. It is the period during which the Subscription remains active until renewal is required. This period, including the initial term and all subsequent renewal periods, is referred to as the “Subscription Term”.

4.1.4. A Subscription to the Services becomes effective after review and approval by Servermall Cloud and after Servermall Cloud receives payment for the Subscription or equivalent confirmation of payment. Servermall Cloud charges You for the Subscription in the manner that You selected or agreed with Servermall Cloud.

4.1.5. The total cost of the Subscription may include taxes and other mandatory payments, the amount of which may vary depending on the payment method selected by You and the jurisdiction to which You are subject.

4.1.6. Servermall Cloud reserves the right, at its discretion, to refuse approval for Your Subscription or access to any Services if it considers this necessary and/or justified.

4.1.7. You may subscribe to additional Services at any time, provided that You comply with the provisions and requirements of this Agreement, including the terms of payment for the Subscription.

4.1.8. Some Service functionality may be accompanied by its own terms of use (“Additional Terms”), which will be presented to You when You decide to use that functionality. By using that functionality, You agree to comply with the Additional Terms, which will prevail over this Agreement if there is a conflict.

4.2. Licence Terms for Access to the Services

4.2.1. Access to the Services provided by Servermall Cloud is provided not on the basis of ownership rights, but under a limited licence granted to You under the terms of this Agreement with Servermall Cloud (the “License”).

4.2.2. The License is non-exclusive, may not be sublicensed, may not be transferred to third parties and may be revoked by Servermall Cloud.

4.2.3. The License limits use of the Services and any related applications or client software exclusively to Your personal or internal business purposes.

4.2.4. Servermall Cloud reserves the right to suspend access to the Services to perform both scheduled and unscheduled maintenance.

4.3. Restrictions on Use of the Services

The Servermall Cloud Services are protected by copyright laws worldwide and the following restrictions apply to their use:

1. Reproduction, modification, creation of derivative works, distribution, licensing, leasing, sale, resale, transfer, public display, public performance, transmission, streaming, broadcast or any other form of use of the Services without the express permission of Servermall Cloud is not permitted.
2. Removal of any copyright, trade mark or other proprietary notices from any part of the Services is strictly prohibited.
3. Decompilation, disassembly or any reverse engineering of the Services is permitted only in accordance with applicable law.
4. Express permission from Servermall Cloud is required to link to, mirror or frame any part of the Services.
5. Running programmes or scripts aimed at searching, indexing, examining or data mining any segment of the Services, as well as actions that materially impair the operation or functionality of the Services, is prohibited.
6. Unauthorised attempts to access the Services or related systems or networks are strictly prohibited.

4.4. Automatic Subscription Renewal

4.4.1. To ensure continuous access to the Services, Servermall Cloud provides automatic renewal of the Subscription.

4.4.2. Automatic renewal of the Subscription takes place when the current Subscription Term expires, except where one of the parties has initiated termination of the Subscription.

4.4.3. The Subscription renewal terms, including the Subscription Term, repeat the previous terms, except for any changes agreed between You and Servermall Cloud and unilateral changes to the Subscription terms by Servermall Cloud.

4.4.4. You must stay informed about any adjustments to the pricing or plan structure of Servermall Cloud, especially if a change or renewal of Your Subscription is planned.

4.4.5. Payment for Subscription renewal is charged after the paid Subscription period expires. Servermall Cloud charges You for the Subscription in the manner that You agreed with Servermall Cloud.

4.4.6. The total cost of Subscription renewal may include taxes and other payments, which may depend on the payment method selected by You and Your jurisdiction.

4.5. Changes to Services and Subscriptions

4.5.1. Servermall Cloud reserves the right to make changes to the Subscription terms and to any other aspect of the provision of Services, including adjusting the cost of the Subscription.

4.5.2. Changes to the terms of Your Subscription and the terms for providing the Services take effect for You when the Subscription Term ends.

4.5.3. If You do not agree to any changes to the Subscription terms or the terms for providing the Services, Your only legal remedy is to disable automatic renewal of the Subscription and stop using the Service affected by the changes that are unacceptable to You when the Subscription Term ends.

4.5.4. If, after changes to the Subscription terms or the terms for providing the Services are made, You do not cancel automatic renewal of the Subscription and do not stop using the Service, the Subscription will be renewed on the new terms, which will mean Your acceptance of the new Subscription terms or Service provision terms.

4.5.5. Servermall Cloud is not liable for any changes to Subscription terms and Service provision terms, or for Your discontinuation of use of the Services caused by changes to the Subscription terms and/or Service provision terms being unacceptable to You.

4.5.6. If the cost of the Subscription changes, Servermall Cloud undertakes to notify You of the upcoming changes in advance.

4.5.7. If You object to a change in the Subscription cost and notify Us in the prescribed manner, We will not automatically renew Your Subscription, even if You previously selected automatic renewal.

4.5.8. If You do not cancel the Subscription, do not notify Us of Your decision to cancel the Subscription or do not deactivate the automatic renewal option within the prescribed period after receiving notice of the change of terms, Your Subscription will be renewed automatically at the new price specified in the notice.

4.5.9. When the cost of the Subscription changes, Servermall Cloud does not provide price protection mechanisms or the possibility of refunds in cases of promotions or decreases in Subscription prices.

4.5.10. Servermall Cloud reserves the right to cancel any service plan (Subscription) or discontinue any Service. The cancellation takes effect for You after the end of the current Subscription Term.

4.5.11. If a service plan is cancelled or the provision of a Service under Your current Subscription is discontinued, You will not be automatically transferred to another service plan, another Subscription or another Service. All changes in this case will be made at Your request and may include a change in the Payment amount or require re-selection of the service plan and Service.

5. Subscription Termination

5.1. Termination of Subscription for Cause

5.1.1. Servermall Cloud may terminate Your Subscription if there is a reason that We consider sufficient, in particular a breach of a requirement of this Agreement or a breach of the requirements of other documents referred to by this Agreement and mandatory for Our clients to comply with.

5.1.2. If Servermall Cloud terminates the Agreement for cause, all prepaid fees will be forfeited and are non-refundable.

5.1.3. If Servermall Cloud terminates Your Subscription in accordance with any of the terms set out in this Agreement, except for termination of the Subscription without cause (“Termination Without Cause”; see Section 5.2), Servermall Cloud will not refund You any payments paid or prepaid before such cancellation, and You must pay all payments and fees accrued before such cancellation takes effect.

5.1.4. In addition to the right of Servermall Cloud to terminate Your Subscription provided in other sections of this Agreement, Servermall Cloud may immediately terminate Your Subscription if, in the sole judgement of Servermall Cloud, it determines that You or any of Your end users:

1. Have breached the Acceptable Use Policy or the No Spam Policy.
2. Have infringed the intellectual property rights or privacy or publicity rights of a third party.
3. Have failed to comply with any applicable law, statute or regulation.
4. Have uploaded, published or distributed any images, text, graphics, code or video that Servermall Cloud considers unlawful or high-risk, at its discretion.
5. Have breached this Agreement.
6. Have attempted to bypass or interfere with the verification procedures for email, mobile phone or the means used to pay for the Services.

5.2. Termination of Subscription Without Cause

5.2.1. Servermall Cloud may terminate Your Subscription at its discretion at any time without cause (“Termination Without Cause”).

5.2.2. In the event of Termination Without Cause of the Subscription, Servermall Cloud will provide You with written notice thirty (30) days before the provision of the Services is terminated.

5.2.3. Termination of Your Subscription does not release You from the obligation to pay amounts accrued or payable to Servermall Cloud before the date of termination of Your Subscription.

5.2.4. If Servermall Cloud exercises its right to Termination Without Cause of access to the Services, Servermall Cloud will refund the previously paid and unused funds for access to the Services whose Subscription is terminated without cause.

5.3. Termination at the Initiative of the Client

5.3.1. You may cancel an active Subscription to a Service, which will terminate access to that Service after the Subscription Term expires and cancel automatic renewal of the Subscription for a new period.

5.3.2. The Payment for the Subscription is non-refundable if You cancel it, and You are not entitled to a proportional refund of Payment for the unused Subscription Term.

5.4. Consequences of Subscription Termination

5.4.1. Termination of Your Subscription will result in termination of Your access to the Service and Your licence to the Materials related to that Service.

5.4.2. Servermall Cloud is not liable to You or any third party for termination of the provision of the Services permitted by the terms of this Agreement, including deletion of content.

5.4.3. If either party cancels or terminates Your Subscription for any reason, You are fully responsible for taking all necessary measures to secure a replacement service provider and for timely transfer of all electronic data, graphics, images, video, text and any other content to the new service provider.

5.4.4. After termination of Your Subscription, Servermall Cloud reserves the right to retain copies of Your data files and records for archival purposes, but does not undertake any obligation to do so.

5.4.5. Servermall Cloud reserves the right to charge a fee for early termination of any Services terminated before the last day of the billing cycle.

5.4.6. All provisions of this Agreement that by their nature should survive will survive termination of the Service, including provisions on ownership, warranty disclaimers and limitation of liability.

6. Payments

6.1. Servermall Cloud Billing Time

6.1.1. For the purposes of this Agreement, Servermall Cloud billing time means the time standard used by Servermall Cloud to record billing dates and periods, including the start and end of the Subscription Term, issuing invoices, recording debits and refunds, and other billing operations.

6.1.2. Servermall Cloud billing time is set as UTC+01:00 (CET), and during daylight saving time as UTC+02:00 (CEST). The transition to summer and winter time is made automatically in accordance with the rules of Directive 2000/84/EC of the European Parliament and of the Council of the EU.

6.2. Payment Method

6.2.1. When purchasing services from Servermall Cloud, whether as a one-time purchase or Services under the Subscription model, You must choose a payment method and then make payment (the “Payment”).

6.2.2. For the purposes of this Agreement:

“Payment Method” means a bank card or PayPal account used by the User to make Payment.

“Account Balance” means an accounting value in the User Account that reflects the available amount of prepaid funds and/or accrued credits. The possibility of using accrued credits, bonuses, promotional credits or other accounting values to make Payment is determined by the terms on which they are provided. Account Balance is not a Payment Method.

6.2.3. By specifying a payment method, You confirm that the selected Payment Method belongs to You or that You are properly authorised to use it to make Payment, carry out verification transactions and other payment operations under the Agreement, Trial Policy, applicable special terms and other applicable Servermall Cloud documents. You expressly authorise Servermall Cloud to charge Payment by the selected method, including debiting Payment from the selected Payment Method and/or reducing the Account Balance by the Payment amount (if there is a sufficient balance), if the relevant option is available in the Site interfaces. Servermall Cloud may debit Payment partly from the Account Balance and partly from the Payment Method.

6.2.4. Depending on the Service selected by You, Payment is charged once or under a Subscription at regular intervals.

6.3. Payment Method Verification

6.3.1. When adding and/or using a Payment Method, the User must complete verification of the Payment Method in the manner established by Servermall Cloud.

6.3.2. Verification is performed by carrying out a verification transaction (debit) in the amount of 0.99 (zero euros and ninety-nine euro cents) from the selected Payment Method. By taking actions to add the Payment Method, the User gives Servermall Cloud an express instruction and consent to carry out the specified transaction.

6.3.3. The verification transaction is a separate operation and is not payment for a Subscription or a guarantee that a Trial Programme, special offer, separate benefit or Service will be provided, unless Servermall Cloud expressly states otherwise. If there are no grounds for retention, Servermall Cloud takes reasonable measures to return (reverse) the amount of the verification transaction or to account for it as part of subsequent debits, taking into account the rules of the Payment Method, payment provider and applicable law.

6.3.4. If it is impossible to carry out the verification transaction, Servermall Cloud may refuse to link the Payment Method, require another Payment Method to be selected and/or suspend access to paid Services until verification is successfully completed.

6.3.5. If the Payment Method is added, used or verified in connection with a Trial Programme, special offer, Incentive Programs or other preferential programme of Servermall Cloud, the amount of the verification transaction may also partially compensate the direct operating costs of Servermall Cloud related to processing the application, checking the Payment Method, checking User data, preventing abuse, fraud and circumvention of restrictions. To the extent permitted by applicable law, Servermall Cloud may not refund or credit the verification transaction amount if refusal to provide a benefit, refusal to provide Test Access, suspension or termination of participation is connected with one or more of the following circumstances:

1. provision of inaccurate, incomplete, misleading information or information that the User is not entitled to provide or use;
2. use of a Payment Method without proper authorisation;
3. creation or use of multiple Accounts to circumvent restrictions;
4. an attempt to receive a Trial Programme or other benefit again contrary to established restrictions;
5. failure to provide requested documents or information within the established deadline;
6. an attempt to bypass, interfere with or distort verification procedures;
7. the presence of reasonable signs of fraud, abuse, security breach, breach of applicable Servermall Cloud documents or breach of law.

6.3.6. Retention of the verification transaction amount does not limit the right of Servermall Cloud to claim compensation for losses, expenses, fees, payment system penalties, dispute resolution costs and other amounts if such claims are permitted by the Agreement and applicable law.

6.4. Automatic Payment

6.4.1. By paying for Services under the Subscription model, You agree to make Payment periodically in accordance with the selected payment model for Your Subscription, without time limit, until either Party opts out of it.

6.4.2. Invoices for services are issued automatically and may be issued in advance, unless otherwise specified.

6.4.3. The Subscription renewal terms repeat the previous terms, except for any changes agreed between You and Servermall Cloud and unilateral changes to the Subscription terms by Servermall Cloud.

6.5. Payment Processing

6.5.1. By making Payment, You agree that Servermall Cloud may use third-party payment providers to manage invoicing and process payments.

6.5.2. Such third-party provider may set additional terms and conditions governing payment processing, to which You agree when selecting the relevant payment method.

6.5.3. Payment may include commissions, fees and other costs that depend on the payment method selected by You.

6.5.4. Payment may include taxes, including those depending on Your jurisdiction, arising as a result of Your use of the Services.

6.5.5. Payment may include additional costs that You agree to pay, including collection costs, overdue payment amounts and interest on them.

6.5.6. Servermall Cloud is not liable for any bank charges that Your financial institution may impose in connection with Your payment for the Services, including in connection with insufficient funds, use of debit cards or automatic payment services.

6.6. Exceeding Limits

6.6.1. Our Subscriptions may have resource usage limits and other usage restrictions.

6.6.2. Servermall Cloud monitors resource usage and other limits determined by the type of Service.

6.6.3. By using the Servermall Cloud Services, You understand and agree that We periodically check use of the Services.

6.6.4. If, during a check, We find that resource consumption exceeds the current purchased limits and/or has gone beyond restrictions, We reserve the right to invoice You for additional use and/or require You to move to a tariff plan with a higher usage level and/or suspend provision of resources to You if We consider this necessary.

6.6.5. If purchased resource consumption limits are exceeded, We may contact You to discuss Your current tariff plan, Subscription parameters, options and other available choices to ensure that a sufficient resource limit is purchased.

6.7. Overdue Payments

6.7.1. You must monitor that payments for the Services are made on time.

6.7.2. If You do not make Payments for all Services by the due date, Your Account will be considered overdue.

6.7.3. In the event of overdue payment, Servermall Cloud reserves the right to charge You interest at the rate of one and a half percent (1.5%) per month, or the highest rate permitted by the applicable law of Your jurisdiction, whichever is lower, on the unpaid amount until it is paid.

6.7.4. If Servermall Cloud receives an incomplete Payment because of taxes, bank charges, transfer fees or similar amounts, Servermall Cloud will invoice You for the difference between the payment received and the Payment due.

6.7.5. You also agree to pay all legal fees, charges and other costs arising from the efforts of Servermall Cloud to collect any overdue fees.

6.7.6. If You do not pay on time, or if Servermall Cloud for any reason cannot debit funds using the payment method selected by You, Servermall Cloud reserves the right to suspend or terminate Your Subscription, Your access to the Services or access to Your Account.

6.8. Refunds and Reimbursements

6.8.1. All setup fees and special programme fees are non-refundable.

6.8.2. If You cancel any Service before the expiry of the Subscription Term, You understand and agree that Servermall Cloud may, at its discretion, withhold any refund, including, in particular, the remaining prepaid fee, setup fee and/or special programme fee.

6.8.3. Any refunds that Servermall Cloud decides to issue will be issued only by the method that You originally used to make the Payment to be refunded. If the Payment was made in whole or in part by reducing the Account Balance, the relevant refund amount is credited to the Account Balance, unless applicable law requires otherwise.

6.9. Special Offers, Referral and Trial Programmes

6.9.1. Servermall Cloud may offer discounts, benefits, bonuses, promotional credits, referral, partner, trial and other special offers. The terms of such offers apply only in the cases, manner and scope expressly specified by Servermall Cloud in the relevant document, Site interface, order, invoice, ticket, message or other applicable channel.

6.9.2. Referral programmes and referral offers are governed by the Referral Policy, applicable Special Referral Policy and, if available, a separate referral programme agreement.

6.9.3. Trial, test, introductory and similar programmes are governed by the Trial Policy, applicable Special Trial Policy and, if available, an individual trial programme agreement.

6.9.4. If a special offer combines several types of programmes, benefits or special terms, the relevant Servermall Cloud documents governing that part apply to each part of such offer, unless the terms of the relevant offer expressly state otherwise.

6.9.5. In the event of conflicts, the order of priority established by the relevant specialised Servermall Cloud document applies. To the extent not regulated by such document or by the special terms of the relevant offer, this Agreement and other applicable Servermall Cloud documents apply.

6.9.6. Servermall Cloud may refuse to provide a benefit under a special offer, suspend or terminate the participation of the User in such offer, or apply other measures provided by applicable Servermall Cloud documents if abuse, breach of the terms of the relevant offer, use of multiple Accounts, circumvention of restrictions, inaccurate Registration Data, breach of the terms of applicable Servermall Cloud documents or other reasonable risks are identified.

7. User Content

7.1. Responsibility for Content

7.1.1. You are responsible for any data and information, including text, opinions, messages, comments, audiovisual works, films, photographs, animation, video, graphics, sounds, music, software, applications, and any other content or materials that You or third parties authorised by You provide, upload, post, store or otherwise make available (“Make Available”) using the Servermall Cloud Services (referred to below as “Your Content”, “Content” or “User Content”).

7.1.2. You must not Make Available using the Servermall Cloud Services any materials protected by copyright, trade mark or any other proprietary right without the express permission of the third-party owner of such copyright, trade mark or other proprietary right.

7.1.3. The burden of determining whether any material is protected by copyright or another right rests with You.

7.1.4. You are solely responsible for any damage arising from any infringement of copyright, trade marks or proprietary rights, any breach of contract, any violation of privacy or publicity rights, or any other damage related to User Content that You or third parties authorised by You Make Available using the Servermall Cloud Services.

7.1.5. As between You and Servermall Cloud, You own Your User Content and You are fully and solely responsible for all User Content that You or third parties authorised by You Make Available using the Servermall Cloud Services, including responsibility for its legality, reliability and appropriateness while using the Services.

7.1.6. You are responsible for restricting the availability of User Content in jurisdictions where it may be found to be unlawful or unacceptable.

7.1.7. Servermall Cloud is not required to monitor or review Your User Content.

7.1.8. To the maximum extent permitted by applicable law, You acknowledge and expressly agree that Servermall Cloud is not liable to You or any of Your end users for any action taken by Servermall Cloud to remove User Content, disable access to it, suspend or restrict access to the Services or any part of them, where such action is taken in good faith in connection with an alleged violation of the Acceptable Use Policy, under the protection for good-faith blocking and screening of material provided by the Communications Decency Act, 47 U.S.C. § 230(c)(2), or in accordance with the DMCA, including 17 U.S.C. § 512.

7.1.9. By making User Content available using the Servermall Cloud Services (including by posting it publicly), You confirm and agree as follows:

1. You allow other persons to access the User Content and use it within the technical functionality of the Services and the access settings selected by You (where applicable).
2. You may delete User Content at any time and/or send Servermall Cloud a request to delete User Content from the Services; however, You acknowledge that deletion may be impossible for copies that:
   • were transferred by You to other persons and were not deleted by them; and/or
   • were copied, saved, reproduced or distributed by third parties.
3. Any User Content that You make publicly available is not confidential, is posted by You at Your own risk and may be lost, saved or used by third parties without control by Servermall Cloud.
4. Information, statements, data and other materials (including images) that You provide to Servermall Cloud and/or otherwise make available (including participation in groups/communities, where such functionality is available) may directly or indirectly disclose Your personal data and other characteristics (in particular, gender, ethnic origin, nationality, age and/or other personal information); provision of User Content is voluntary.

7.2. Servermall Cloud Rights to Content and Content Operations

7.2.1. You hereby grant Servermall Cloud a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide licence (including the right to sublicense at multiple levels) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works from, publish, transmit and distribute each item of Your User Content, or any part of it, in any form, on any medium or by any distribution method now known or later developed, and otherwise use and commercialise User Content in any way that Servermall Cloud considers appropriate, without any additional consent, notice and/or compensation to You or any third parties, for the purpose of providing the Services to You.

7.2.2. Servermall Cloud may, at its discretion, monitor User Content and its network, and may disclose any content or records concerning Your Account if this is necessary to satisfy any law, regulation, governmental request or any other lawful requirement, or for the proper functioning of Our network and protection of any of Our clients.

7.2.3. Servermall Cloud may modify or adapt Your User Content for the purpose of transmitting, displaying or distributing it over computer networks and in various media and/or make changes to User Content necessary for it to comply with and adapt to any requirements or restrictions of any networks, devices, services or media.

7.2.4. The processing by Servermall Cloud of personal information included in Your User Content is subject to the following provisions:

1. Privacy Policy – applies under standard conditions.
2. Europe Privacy Policy – applies if You are located in the jurisdiction of the European Economic Area (EEA), the United Kingdom or Switzerland.
3. US Privacy Policy – applies if Your location falls within the jurisdiction of the United States.

7.3. Prohibition of Child Pornography

7.3.1. Content that is or may be perceived as child pornography is prohibited from being hosted using the Servermall Cloud Services and will be immediately removed from public access after We are notified or after We detect such content.

7.3.2. Servermall Cloud reserves the right immediately and without notice to terminate any Account on whose website(s) child pornography or links to it are hosted. If such Account belongs to a Servermall Cloud reseller, that Account will be suspended and the reseller will be instructed to terminate the Account responsible for hosting child pornography within its platform.

7.3.3. Content or messages aimed at attracting, enticing or involving minors in sexual activity or lewd behaviour are prohibited and will be treated in the same way as child pornography, in accordance with applicable law.

7.3.4. You agree to cooperate with Servermall Cloud in combating child pornography and to assist in any related activities, including conducting investigations and disabling or removing such Content originating from Your end users.

7.3.5. Servermall Cloud will cooperate with law enforcement authorities of the relevant jurisdiction and will notify them if there are suspicions that You or any of Your downstream clients or end users are involved in any unlawful activity.

7.3.6. In accordance with the reporting requirements set out in § 2258A of the United States Code, We will report to CyberTipline (www.cybertipline.com) any factual information about apparent violations of §§ 2251, 2251A, 2252, 2252A, 2252B, 2260 or 1466A of the United States Code.

7.3.7. If You have information that child pornography or equivalent materials appear on sites hosted on Servermall Cloud, We ask You to notify Us by sending a message to [email protected]. In the message, specify the file name and/or URL (or other location on the client site), and, where possible, specify the victim, date of birth, creation date and any other information about the suspicious image(s) that may be of interest to law enforcement and other competent authorities. Please do not send suspicious images to Us. Alternatively, You may use CyberTipline to report suspected child pornography. Reports about sites not hosted on Servermall Cloud should be sent to law enforcement authorities or to a cooperating organisation combating child pornography, for example: https://www.asacp.org.

7.4. Restricting Access of Minors to Content Inappropriate for Them

7.4.1. You acknowledge Your responsibility to prevent minors under Your care from accessing harmful or inappropriate materials on Your site and services.

7.4.2. You agree not to allow minors to view such materials that may harm them and to take responsible measures to prevent their access.

7.4.3. If Your computer may be accessible to minors, You agree to prevent minors from viewing materials that may harm them by taking all measures necessary for this.

7.4.4. If You are a parent or guardian of a minor child, You agree that it is Your responsibility, not Ours, to ensure that any age-restricted content on Our Site is not displayed to or accessible by Your children or minors under Your care.

7.4.5. In accordance with 47 U.S.C. §230(d), You are hereby informed that, to restrict access of minors to harmful or inappropriate materials, You may use special tools and services, information about which You may review on https://www.asacp.org or similar sites. However, We make no representations or warranties regarding any products or services specified on such sites and recommend that You exercise due care before applying such tools to restrict access to content.

7.5. Unacceptable Content

7.5.1. In accordance with the Communications Decency Act (“CDA”), 47 U.S.C. § 230(c)(1), and court decisions interpreting the scope of the CDA, You acknowledge and understand that Servermall Cloud operates as an interactive computer service provider. Accordingly, We are protected from claims arising in connection with the publication of Your User Content, including third-party content published on Your website(s), and cannot be held liable for such content.

7.5.2. We do not create content, and We are not responsible for the publication of remarks or messages by You or third parties that may fall under federal or state laws, including, without limitation, the publication of materials that may be considered defamatory or that infringe privacy or publicity rights.

7.5.3. Please note that US federal law allows Servermall Cloud to remove any content considered offensive, defamatory, obscene or otherwise in breach of Our rules without prejudice to Our immunity as an interactive computer service.

7.5.4. Nothing contained in this section is intended to limit or modify immunity from claims provided by Section 230 of the US Communications Decency Act.

7.5.5. If any court finds that any third-party message or third-party content hosted by Us is not covered by the immunity provided by the US Communications Decency Act, this will not be deemed a waiver of any legal protection provided by Section 230 for any other content hosted on Our Site or hosted using Our Services.

7.6. Prohibition of Abuse

7.6.1. All Services provided by Servermall Cloud must be used only for lawful purposes.

7.6.2. Servermall Cloud will investigate complaints about violation of third-party rights or the Acceptable Use Policy.

7.6.3. Servermall Cloud will cooperate with those who combat abuse on the internet and reserves the right to set “filters” and/or use other mechanisms for this purpose.

7.6.4. Servermall Cloud cooperates with law enforcement authorities and reserves the right to notify such authorities if it suspects that You or any of Your end users are engaged in unlawful activity.

7.6.5. Nothing contained in this section or anywhere else in this Agreement is intended to grant any rights to third parties, and no third parties have the right to enforce the terms of this Agreement, except for Protected Persons with respect to the protective provisions expressly provided in sections 11.3, 11.4 and 11.5 of this Agreement. Servermall Cloud may rely on such provisions in defence of Protected Persons.

7.6.6. We respect the intellectual property rights of all parties and have adopted a policy concerning termination of repeat copyright infringers in accordance with the DMCA.

7.7. Service Provider Requirements

7.7.1. If You use Our Services for any site, subdomain, page or business model that allows Your end users or clients to control or host materials using Our Services allocated to You by Us, You will be considered a service provider (the “Service Provider”) in relation to such services and/or clients. Service Providers include, in particular, clients that:

1. Resell bandwidth as a host to third parties.
2. Operate user content sites such as forums, “tube” sites, review sites and online classified advertising sites.
3. Operate search engines.
4. Operate peer-to-peer file-sharing networks.

7.7.2. Clients acting as a Service Provider for third-party users must comply with the following provisions:

1. You must notify Us of all domains, web pages or IP addresses for which You act as a Service Provider.
2. You must comply with 17 U.S.C. §512 DMCA by properly appointing an agent to receive notices of copyright infringement, and You must publish on the home page of any website for which You are a Service Provider a link to the DMCA copyright notice and takedown policy, specifying the appointed agent of the website and the relevant contact information.
3. For “Service Providers” within the meaning of 17 U.S.C. § 512(k)(1), any DMCA notices relating to an alleged infringement by a client of a Servermall Cloud Service Provider must be sent directly to the DMCA agent appointed by that client.
4. You must provide Us with a current link to Your DMCA notice and takedown policy and notify Us of any changes in the contact information of Your appointed agent. This is a continuing obligation for the entire time that You use Our Services.

7.7.3. The policy of Servermall Cloud is to provide any infringement notices that it receives in relation to subscribers of a Service Provider directly to the appointed DMCA Agent of the subscriber, and then to notify any copyright claimants of the identity and contact information of that Agent. Failure to comply with this section will constitute a material breach of this Agreement.

7.7.4. In accordance with Our DMCA policy and the obligations set out above, You understand, agree and expressly authorise Us to access and subsequently disable public access to any files or data located on a server, disk, partition or other data space under Your control if:

1. Such files or data were specified in a DMCA notice substantially complying with § 512 of Title 17 U.S.C.
2. We become aware of facts or circumstances indicating that such files or data infringe copyright or other intellectual property rights of third parties.

7.7.5. Considering that Our clients may use various methods of protecting files in combination with Our Services, and seeking to avoid significant disruption to the operation of the Services of Our clients, You agree to provide Us with Your preferred procedure for disabling access to the materials specified in this provision.

7.7.6. If We send You a DMCA notice that substantially complies with the requirements and concerns content under Your control, You must, under the terms of this Agreement, immediately disable or remove access to such content.

7.7.7. Regardless of the above, We reserve the right to disable or remove access to such content at Our discretion and without any requirement to prove harm or damage on Your part.

7.7.8. Although We will attempt simply to disable access to such content without completely deleting it, or to suspend all services for Your Account, We make no guarantees as to harm or damage to the content and reserve the right to take any necessary actions to disable access to the identified material, including suspension or termination of services. Therefore, it is in Your interests to respond promptly to any DMCA notices that You may receive.

7.7.9. If You or users of Your site believe that such DMCA notice was sent by mistake or improperly, You must follow the counter-notice procedure set out in Our Intellectual Property Policy and wait the required period before We allow public access to the content to be restored.

7.8. Feedback and Suggestions

7.8.1. By providing ratings, improvement suggestions or new ideas for the Servermall Cloud Services by sending messages, comments, questions or any other materials by any available method, including postal mail, email or telephone call (the “Feedback”), You agree that such Feedback is deemed non-confidential and not Your property.

7.8.2. By providing Feedback, You irrevocably transfer to Servermall Cloud all rights, title and interest in the information contained in the Feedback, including all intellectual property rights, without any obligation to pay compensation.

7.8.3. You agree that Servermall Cloud receives an unrestricted right to use, develop, license, market and sell products or services that include information provided by You as part of Feedback in any way that Servermall Cloud considers appropriate.

7.8.4. Servermall Cloud has no obligation to implement, display, reproduce or distribute any information provided in Feedback or to include it in the Services, and You have no right to require such use or inclusion.

7.9. Servermall Cloud Forums

7.9.1. Servermall Cloud may offer various forums where You can post Your observations and comments on certain topics.

7.9.2. Servermall Cloud is not liable for user messages or for misuse by users of any content or information posted on Servermall Cloud forums.

7.9.3. Ideas and information that You share on Servermall Cloud forums may be used by other users. If You have an idea or information that You would like to keep secret and/or do not want others to use, or that is subject to third-party rights that may be infringed as a result of its distribution, do not post it on Servermall Cloud forums.

8. Intellectual Property Rights

8.1. Brand Assets and Servermall Cloud Services

8.1.1. The Services, as well as all related ownership and intellectual property rights, including the functionality and design of the Site, belong to Servermall Cloud or its licensors and will continue to belong to them.

8.1.2. Your acceptance of the terms of this Agreement and use of the Services do not grant You any rights other than the limited licence to use the Services that is provided in this Agreement below.

8.1.3. In particular, You do not receive any rights to use the corporate name, logos, product and Service names, trade marks or service marks of Servermall Cloud or its licensors. This Agreement does not imply any licences not expressly specified.

8.1.4. Breach of any terms results in immediate termination of Your licence, which requires You to stop using the Services and to delete or dispose of any downloaded or printed Materials.

8.2. Servermall Cloud Materials

8.2.1. As part of providing the Services, Servermall Cloud may provide You with various Materials, including ready-made software, source code, data, documentation, domain names, email addresses, other network addresses, as well as technical and procedural functionality and solutions developed or provided by Servermall Cloud or its suppliers.

8.2.2. As between You and Servermall Cloud, it is established that all rights, title and interest relating to the Materials provided to You by Servermall Cloud, including, without limitation, copyrights, trade secrets, patents, trade marks and other intellectual property rights, belong to Servermall Cloud or are in its lawful possession under relevant licences.

8.2.3. Servermall Cloud grants You a limited, revocable, non-transferable and non-exclusive licence to use the Materials solely for purposes related to receiving the Services, in accordance with the terms of this Agreement. This licence terminates automatically when this Agreement ends or is terminated.

8.2.4. You agree not to download, transmit, reproduce, distribute or otherwise exploit the Materials without obtaining prior written consent from Servermall Cloud.

8.2.5. Any use of the Materials outside the terms of this Agreement is unauthorised and strictly prohibited.

8.2.6. If the assistance of a lawyer or other specialist is required to recover a penalty or other monetary amount from You, obtain an injunction against You, or file a complaint with ICANN in order to transfer an infringing URL, You agree to reimburse all related costs, including, without limitation, legal fees, travel expenses, costs and other amounts, even if they exceed the amount of agreed damages. You acknowledge that even a nominal amount of damage may require significant expenses and agree to pay all such fees and costs.

8.3. International Regulation and Export Control

8.3.1. You understand and agree that software, data and other Materials provided as part of the Services may be subject to laws and regulations of various governmental bodies worldwide, including, without limitation, the US Department of Commerce and the US government, as well as similar bodies in other countries, which may impose restrictions on the export, re-export or use of certain software and technologies in certain countries or by certain persons.

8.3.2. You agree not to export, re-export, transfer, use or provide access to the software, data and other Materials provided to You to any persons and/or in any countries in violation of current US laws and regulations or any other applicable international treaties and national legislation.

8.3.3. You are fully responsible for compliance with all applicable laws and regulations governing export control, as well as for obtaining the necessary licences for export, transfer, use or access to software, data and other Materials.

8.3.4. You also agree to take into account and comply with local laws and regulatory requirements in the countries where the Services are used, including laws concerning import, export, transfer and use of technologies.

8.4. Government Rights

8.4.1. The software, data and other Materials provided as part of the Services were developed with private funds and are classified as “commercial computer software” or “restricted-rights computer software” in accordance with the Federal Acquisition Regulations (FARs), the Defence Federal Acquisition Regulation Supplement (DFARs), the European Union Directive on Electronic Procurement and any other similar regulations concerning government procurement of computer software.

8.4.2. Nothing in this Agreement should be interpreted as:

1. Granting any governmental body a licence or other rights exceeding those provided by law or regulation for commercial computer software developed entirely at private expense.
2. Restricting any rights of governments to any extensions or specialised solutions provided under this Agreement and developed with government funds.

9. Third Party Services and Sites

9.1. Third Party Services

9.1.1. As part of providing the Services, Servermall Cloud may integrate, offer or make available to You products, software, components, technologies and services belonging to third parties (“Third Party Services”). Servermall Cloud may facilitate Your access to these Third Party Services.

9.1.2. By using Third Party Services, You understand and agree as follows:

1. You assume full responsibility for complying with terms related to the use of any Third Party Services, including the terms of their purchase or licensing (the “Third Party Service Terms”), and You are fully responsible for obtaining and maintaining any Third Party Service at Your own expense, regardless of any assistance or information provided by Servermall Cloud.
2. No Third Party Service is deemed to be a Service provided by Servermall Cloud, and any Third Party Service Terms are in addition to this Agreement.
3. You agree to pay independently all fees charged by the provider of any Third Party Service in accordance with the Third Party Service Terms applicable to it, and You acknowledge that the Third Party Service Terms governing such fees, including price adjustments, are not under the control of Servermall Cloud, even if payment is made through the Services or Site functionality.
4. All Third Party Services are provided “as is” without any warranties from Servermall Cloud, which is not liable for any claims, losses, damage or liability connected with the use of Third Party Services, regardless of any assistance or information provided by Servermall Cloud.
5. You, not Servermall Cloud, are solely responsible for Your compliance with the Third Party Service Terms.
6. Servermall Cloud has the right to require You to share or report information about Your User Content or use of the Services or Third Party Services with any provider of a Third Party Service if Servermall Cloud is required to do so under the terms of an agreement with the provider of the Third Party Service.
7. You must comply with the requirements of Servermall Cloud to provide reports to providers of Third Party Services or to comply with the requirements of such providers. However, Servermall Cloud is not required to monitor compliance with the Third Party Service Terms.

9.1.3. If a provider of a Third Party Service determines that You do not comply with the requirements of the Third Party Service Terms applicable to such third-party Services, Servermall Cloud reserves the right to immediately suspend or terminate provision of the Services to You, Your access to any Third Party Service, or Your Account, without prior notice.

9.2. Third Party Sites and Links

9.2.1. As part of providing the Services, Servermall Cloud may invite You to consider using services or materials hosted on third-party websites (a “Third Party Site”).

9.2.2. By using Third Party Sites, You understand and agree as follows:

1. Third Party Sites may follow other privacy and security policies, accept different terms of use, and apply separate user instructions and other regulatory documents (collectively, the “Third Party Site Terms”), which may differ materially from the policies and practices of Servermall Cloud.
2. You agree to comply with the Third Party Site Terms.
3. Servermall Cloud is not liable for any claims, losses, damage or liability connected with Your interaction with Third Party Sites.
4. Each Third Party Site is provided by Servermall Cloud “as is”, without any warranties from Servermall Cloud.
5. Servermall Cloud is not liable for Third Party Sites and does not review them, including for reliability, accuracy, quality or completeness of content, services, links, functionality or any other activity conducted on or through Third Party Sites.
6. Servermall Cloud is not liable under any circumstances for any goods, services, information, resources and/or content available on or through Third Party Sites, or for any damage, losses and harm caused by Your use of a Third Party Site or reliance on its content or content available through it, or by the business practices of the Third Party Site.

9.2.3. Any links in the Services to third-party sites, products, services, publications, institutions or organisations do not mean or imply approval or recommendation by Servermall Cloud.

10. Additional Provisions Concerning Services

10.1. Backup and Data Loss

10.1.1. You agree that Your use of the Servermall Cloud Services is at Your own risk and that Servermall Cloud is not responsible for data loss in connection with use of the Services. You are fully responsible for creating backups of Your User Content.

10.1.2. If, during Our scheduled maintenance, We create a backup copy of Your content that You later ask Us to restore to Your Account, We cannot guarantee that We will be able to do so, or that Your User Content will not be affected by the initial data loss or the subsequent restoration procedure.

10.1.3. We strongly recommend that You develop Your own backup procedure and periodically test file restoration from backup media to make sure that You are creating reliable backups.

10.1.4. If You want Servermall Cloud to provide backup services to You in addition to the Services provided under this Agreement, please contact Us. We offer many different backup solutions as an additional service to Our regular Services, and all such services are provided under a separate written agreement.

10.2. Resource Usage

10.2.1. Servermall Cloud reserves the right to suspend provision of the Services or disable Accounts if an Account places an excessive load on system resources. Servermall Cloud will notify You of the temporary blocking of any Account that consumes an excessive amount of system resources to the point of reducing overall system performance.

10.3. Security

10.3.1. Any breach of Service security is prohibited and may result in criminal and civil liability.

10.3.2. Unauthorised access to servers used to provide the Site, Services and/or Materials (the “Servers”) is strictly prohibited and is a breach of this Agreement and the Acceptable Use Policy. You agree not to engage in such activity and not to attempt to penetrate servers in order to modify or manipulate hardware or software, compromise servers or carry out any other unauthorised use known as “hacking”.

10.3.3. If You become involved in a system security breach, We reserve the right to provide information about You to system administrators of other sites to assist in resolving security incidents, and to cooperate with any law enforcement authorities investigating a criminal breach of system or network security or cyber threats.

10.3.4. Any breach of these security provisions may, at Our discretion, be grounds for termination of Your Account for cause as provided by the terms of this Agreement.

10.4. Bandwidth Usage

Your monthly bandwidth limit is determined by the specific package to which You subscribed. If Your Account exceeds the monthly limit, We reserve the right to charge You for exceeding the limit.

10.5. Advertising

You grant Us a non-exclusive, royalty-free, worldwide right and licence to add Your name, trade mark and company logo (the “Customer Marks”) to Our client lists, websites and marketing materials to identify Your status as a client and/or user, as permitted by applicable law. You may opt out of such use by contacting Us at [email protected].

11. Liability Terms and Force Majeure

11.1. No Warranties

11.1.1. You expressly agree that use of the Services is solely at Your own risk.

11.1.2. The Services are provided on an “as is, with all deficiencies” and “as available” basis.

11.1.3. To the maximum extent permitted by applicable law, Servermall Cloud expressly disclaims all warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, except for any rights, warranties or remedies that cannot be excluded, restricted or modified under applicable law.

11.1.4. Except as expressly stated in this Agreement, Servermall Cloud gives no warranty that the Services will meet Your requirements or that the Services will be uninterrupted, timely, secure or error-free.

11.1.5. Servermall Cloud gives no warranty regarding the results that may be obtained from use of the Services, the accuracy or reliability of any information obtained through the Services, or that defects in any software, hardware or Services will be corrected.

11.1.6. Any statements made by Servermall Cloud in advertising materials are considered promotional statements, not warranties. You understand and agree that any use by You of any materials and/or data downloaded or otherwise obtained as a result of using the Services is at Your own discretion and risk, and that You are fully responsible for any damage to Your computer system or loss of data resulting from downloading such materials and/or data.

11.1.7. Servermall Cloud does not control the content of Third Party Services. Use of any Third Party Services is at Your own and sole risk and is subject to the terms and conditions of a separate agreement between You and the third party.

11.1.8. Servermall Cloud gives no warranties regarding any goods or services purchased or received through the Services, or any transactions entered into through the Services.

11.1.9. No advice, recommendation, statement or information, whether oral or written, obtained by You from Servermall Cloud, through the Services or in connection with the Services, including information contained in any marketing, promotional or other informational materials describing the Services on the Servermall Cloud Site, creates any additional contractual warranty, representation, undertaking or condition unless it is expressly stated in this Agreement or in a separate written agreement with Servermall Cloud. Nothing in this clause excludes, restricts or modifies any rights, warranties or remedies that cannot be excluded, restricted or modified under applicable law.

11.1.10. Unless otherwise agreed in writing, Servermall Cloud does not create a backup copy of Your website(s) as part of the Services. Accordingly, We recommend that You regularly back up Your website(s).

11.2. Force Majeure Circumstances

Servermall Cloud is not liable for failure to perform its obligations in cases caused by the following circumstances:

1. Natural phenomena and disasters: earthquakes, floods, hurricanes, tornadoes, solar storms, volcanic eruptions, landslides, snowstorms, fires and other extreme weather events and natural disasters.
2. Technological accidents and disasters: large-scale failures of power supply and communications, explosions and releases of hazardous substances at industrial facilities, collapse of buildings and structures, mass failure of hardware and software, cyberattacks, including DDoS attacks and infection of systems with malicious code, as well as other technological accidents and disasters.
3. Political and social events: military actions, civil unrest, terrorist acts, strikes, lockdowns and other political and social events.
4. Legal restrictions: sudden changes in legislation, prohibitions and sanctions that unexpectedly affect the ability of the provider to provide services.
5. Epidemics and pandemics: the spread of infectious diseases capable of seriously affecting the operations and personnel of the company, as well as the work of suppliers and contractors.
6. Other force majeure circumstances that are beyond the control of Servermall Cloud and that may prevent or seriously hinder the performance of obligations by Servermall Cloud.

11.3. Limitation of Liability

11.3.1. You are fully responsible for the content, operation and security of Your online property and/or conduct of Your business, as well as for all other matters under Your control.

11.3.2. Under no circumstances is Servermall Cloud liable to You for any damage arising from or connected with the content, operation or security of Your website and/or business or the inability of Your website and/or business to operate.

11.3.3. This section applies to all claims brought by You or Your end users, regardless of the cause of action underlying the claim, including, without limitation, breach of Contract, tort, including, without limitation, negligence, strict liability, fraud and/or misrepresentation.

11.3.4. Regardless of the type of claim or the nature of the grounds for the claim, You agree that under no circumstances will Servermall Cloud and Protected Persons be liable to You:

1. For any decision, action or inaction taken by You based on information provided through the Services.
2. For loss or inaccuracy of data, or the cost of procuring substitute goods, services or technologies.
3. For any indirect, special, incidental, consequential or punitive damages, including, without limitation, loss of revenue, lost profits or loss of reputation, business interruption or similar loss, even if Servermall Cloud was advised of the possibility of such damages.
4. For Your use of third-party services.

11.3.5. The total aggregate and maximum liability of Servermall Cloud and Protected Persons arising out of or otherwise connected with this Agreement (regardless of the form of action or claim) is limited to the amounts that You paid to Servermall Cloud during the six (6) months preceding the occurrence of the cause or causes of action.

11.4. Interaction between Users

11.4.1. You are fully responsible for Your interaction with other Users of the Services and any other parties with whom You interact through the Services.

11.4.2. Servermall Cloud may limit the number of Your connections with other Users and, in certain circumstances, may prohibit You from contacting other Users through use of the Services or otherwise limit Your use of the Services.

11.4.3. Servermall Cloud reserves the right, but is not obligated, to monitor these disputes or take any part in them.

11.4.4. You will fully cooperate with Servermall Cloud in the investigation of any alleged unlawful, fraudulent or improper actions, including, without limitation, by providing Servermall Cloud with access to any password-protected parts of Your Account.

11.4.5. Servermall Cloud reserves the right to restrict, suspend or close Your Account if Servermall Cloud, at its discretion, decides that this is necessary or in the interests of Servermall Cloud.

11.4.6. If a dispute arises between You and one or more Users, You release Servermall Cloud and Protected Persons from claims, demands, actual and consequential damages of any kind and nature, known and unknown, arising from such disputes or connected with them in any way.

11.5. Indemnification

11.5.1. You agree to defend, indemnify and hold harmless Servermall Cloud and Protected Persons from any claims, obligations, expenses and costs, including reasonable fees of lawyers and experts, if such claims, obligations, expenses or costs are connected with or arise from:

1. Any breach by You of Your obligations under this Agreement.
2. Your use of the Services.
3. Any defamatory, disparaging or unlawful materials contained in Your User Content or Your information and data.
4. Any claims or allegations that Your Content, Your information and data or Your use of any Third Party Services infringe patent, copyright or other intellectual property rights of third parties or violate third-party privacy or publicity rights.
5. Any access to or use of User Content or Your information and data by any third party.
6. Any breach of the requirements of the No Spam Policy and/or Intellectual Property Policy and/or Acceptable Use Policy.

11.5.2. If a claim is made for the reasons listed above in this section, Servermall Cloud has the right to choose a lawyer to defend against such claim. Servermall Cloud reserves the right to participate, at its own expense, in the defence of any matter that would otherwise be subject to indemnification by You, but is not obligated to do so. You must not settle any such claim or liability without the prior written consent of Servermall Cloud, which must not be unreasonably withheld.

11.6. Disclaimer Regarding HIPAA Compliance

11.6.1. We expressly disclaim any representations or warranties that the Services offered by Servermall Cloud comply with the US federal Health Insurance Portability and Accountability Act (“HIPAA”); We state that Our Services do not comply with HIPAA requirements.

11.6.2. Users are solely responsible for compliance with applicable federal laws, state laws or other local laws governing the confidentiality and security of personal data, including medical or other confidential data. Servermall Cloud does not control or monitor the information or data that You store or transmit using Our Services.

11.6.3. You acknowledge that the Servermall Cloud Services may not be suitable for storing or controlling access to confidential data, such as information about children, medical information or health information. Therefore, Servermall Cloud is not and cannot be Your business associate, subcontractor or agent under HIPAA.

11.6.4. Clients who require secure storage of “Protected Health Information” under HIPAA are strictly prohibited from using the Servermall Cloud Services for such purposes.

11.6.5. Use of the Servermall Cloud Services to store and provide access to “Protected Health Information”, as defined in HIPAA, is a material breach of this Agreement and is grounds for closure of Your Account.

12. Dispute Resolution

12.1. Applicable Law

12.1.1. This Agreement and any disputes that may arise between You and Servermall Cloud are governed by and construed in accordance with the law of the Republic of Lithuania.

12.1.2. You agree that any claims, demands or disputes between You and Servermall Cloud arising out of or connected with this Agreement are subject to resolution in the competent courts of the Republic of Lithuania, except where Servermall Cloud has chosen dispute resolution by ADR in accordance with section 12.3 of this Agreement or where the parties have agreed otherwise in writing. You agree to the jurisdiction of the competent courts of Vilnius, Republic of Lithuania, for all court proceedings connected with such claims, demands or disputes, including matters of interim measures, recognition, enforcement or challenge of an arbitration award, if such matters are subject to court review.

12.2. Dispute Resolution Procedure

12.2.1. Before applying to a competent court or before Servermall Cloud chooses dispute resolution by ADR in accordance with section 12.3 of this Agreement, a party must first send the other party a written notice of dispute (the “Notice”) describing the nature and basis of the claim or dispute and the relief requested.

12.2.2. If You and Servermall Cloud do not resolve the claim or dispute within thirty (30) days after receipt of the Notice, Servermall Cloud may, at its sole discretion, choose to resolve such dispute by ADR, including binding arbitration, by sending You written notice of the ADR choice. After such notice is sent, the dispute is subject to resolution only in the manner provided by section 12.3 of this Agreement, except where application of such procedure is expressly prohibited by applicable law.

12.3. Arbitration

12.3.1. You agree that Servermall Cloud may, at its sole discretion, decide to submit any dispute, claim or demand arising out of or connected with this Agreement for resolution by ADR, including binding arbitration, arbitration without in-person attendance by the parties, online arbitration or a procedure based on written materials.

12.3.2. If Servermall Cloud decides to submit a dispute to ADR, You agree to submit such dispute to the exclusive competence of an alternative dispute resolution service provider selected by Servermall Cloud at its sole discretion (the “ADR Provider”). The ADR Provider may be any permanent arbitral institution, arbitration administrator, online arbitration provider or person administering ad hoc arbitration, provided that such provider or person may administer the relevant procedure under applicable law. Servermall Cloud is not required to specify the ADR Provider in this Agreement in advance and may determine it in the ADR choice notice.

12.3.3. The ADR Provider and the parties must comply with the following rules:

1. The ADR Provider, applicable rules, seat of arbitration, language of the procedure, method of holding hearings and procedure for filing documents are determined by Servermall Cloud in the ADR choice notice, unless such parameters are determined by the mandatory rules of the selected ADR Provider or applicable law.
2. At the choice of Servermall Cloud, the ADR procedure may be conducted by telephone, online, by exchange of electronic documents and/or solely on the basis of written statements and documents, without in-person attendance of the parties or witnesses, unless applicable law or mandatory rules of the selected ADR Provider require otherwise.
3. If the seat of arbitration is not specified in the ADR choice notice and is not determined by the rules of the selected ADR Provider, the seat of arbitration is deemed to be Vilnius, Republic of Lithuania.
4. An award issued by an arbitrator or other authorised person within the selected ADR procedure may be submitted for recognition and enforcement to any court of competent jurisdiction.
5. Nothing in this section limits the right of Servermall Cloud to apply to a competent court for interim measures, an injunction, debt recovery, intellectual property protection or other legal remedies that cannot be effectively obtained within the selected ADR procedure.

12.3.4. Claims that may be submitted to ADR or binding arbitration at the choice of Servermall Cloud include contractual, non-contractual and other claims arising out of or connected with this Agreement, use of the Services, Account, Payment, Subscription, Materials or related matters, except for claims that cannot be submitted to ADR or arbitration under applicable law and claims expressly specified in clause 12.3.3(e) of this Agreement.

12.3.5. If Servermall Cloud chooses binding arbitration, arbitration is conducted by the ADR Provider selected by Servermall Cloud in the ADR choice notice. Unless the applicable rules of the selected ADR Provider provide otherwise, the dispute is reviewed by one arbitrator competent in the subject matter of the dispute. If the selected ADR Provider refuses to administer the dispute, ceases operations, lacks competence or for any other reason cannot accept the dispute for review, Servermall Cloud may, at its sole discretion, choose another ADR Provider, and such replacement does not affect the validity of the arbitration agreement.

12.3.6. Except as provided below, the party initiating the ADR or arbitration procedure is responsible for paying all costs of that procedure, including administrative fees, costs of the ADR Provider and the fee of the arbitrator, unless the mandatory rules of the selected ADR Provider or applicable law provide otherwise.

12.3.7. Each party bears its own costs for legal services, unless otherwise provided by this Agreement, the mandatory rules of the selected ADR Provider or applicable law. In debt recovery disputes, the prevailing party may be awarded reasonable costs for legal services, administrative fees, costs of the ADR Provider, the fee of the arbitrator or other person reviewing the dispute, as well as other applicable legal remedies.

12.3.8. The arbitrator or other person reviewing the dispute within the selected ADR procedure may not award punitive or exemplary damages, certify a class action, add parties, or modify or ignore the provisions of this Agreement. Such person must be guided by current and applicable law.

12.3.9. The arbitrator or other person reviewing the dispute within the selected ADR procedure must be independent and impartial, unless the mandatory rules of the selected ADR Provider or applicable law provide otherwise.

12.3.10. Unless the applicable rules of the selected ADR Provider provide otherwise, the arbitrator or other person reviewing the dispute within the selected ADR procedure issues a written opinion setting out the material facts and grounds for the decision within thirty (30) days after completion of the relevant procedure.

12.3.11. The choice of Servermall Cloud regarding submission of a dispute to ADR, selection of the ADR Provider, rules of procedure, method of conducting the procedure, seat of arbitration and language of the procedure is final and binding on the parties to the maximum extent permitted by applicable law. You waive any objections to such choice, including objections based on inconvenience of venue, method of conducting the procedure or selected ADR Provider, except for objections whose waiver is expressly prohibited by applicable law.

12.3.12. If You are a consumer within the meaning of applicable law, the provisions of this section 12.3 apply only to the extent that they do not deprive You of rights that You cannot waive under applicable law. With respect to disputes arising from consumer contracts, binding arbitration applies only if there is a separate arbitration agreement concluded after the relevant dispute arises, if such requirement is established by applicable law.

12.4. Waiver of Jury Trial and Class Actions

12.4.1. You hereby waive Your constitutional and statutory rights to go to court and have the case heard by a judge or jury.

12.4.2. If court proceedings arise between You and Servermall Cloud in any court in an action to set aside or enforce an arbitration award or otherwise, You waive all rights to a trial by jury and agree that the dispute will instead be resolved by a judge.

12.4.3. All claims and disputes under these terms must be considered in arbitration or in court on an individual basis, not on a class basis, and claims of more than one user may not be considered in arbitration or in court jointly or consolidated with claims of any other user.

12.5. Waiver of Rights for California Residents

If You are a resident of the State of California, You hereby waive the rights granted to You by §1542 of the California Civil Code. In particular, You waive any claims and rights to compensation for losses of which You did not know and could not have known at the time this Agreement entered into force. This means that You will not be able to bring future claims related to facts or circumstances unknown to You at the time this Agreement entered into force, even if such information later becomes known and could have had a material effect on Your decision.

12.6. Notice of California Consumer Rights

In accordance with §1789.3 of the California Civil Code, California users have the right to the following consumer rights notice:

The Services are provided by UAB ServerMall.

If You have questions or complaints regarding the Services, please contact Servermall Cloud customer support at: [email protected].

California residents may contact the California Department of Consumer Affairs, Consumer Information Center, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, by telephone at (800) 952-5210; for persons with hearing impairments: 711 or 1-800-735-2929 (TTY), California Relay Service: 1-800-735-2922 (Voice), or through the DCA online form.

13. Contact Details

If You need to contact Servermall Cloud for any reason, You may send correspondence to Us at: UAB ServerMall, Kuršių g. 2F, Vilnius 03153, Lithuania, with a copy to [email protected].

To process incoming electronic correspondence, We use various email addresses corresponding to specific topics or departments. To receive a faster response to Your request, please send it to the appropriate address.

General enquiries: [email protected].

Technical support: [email protected].

Legal matters: [email protected].

Copyright infringement: [email protected].

Complaints about unacceptable content: [email protected].

Unsubscribe from mailing lists: [email protected].