These terms shall be governed and construed in accordance with the laws of the Republic of Cyprus. You irrevocably agree that the courts of Larnaca, Cyprus have exclusive juridstiction to settle any dispute or claim that arises out of our in connection with this agreement.
NO WARRANTY OR LIABILITY
You expressly agree that your use of the REDCLUSTER services is at your sole and exclusive risk. REDCLUSTER offers absolutely no warranties of any kind, whether express or implied. No advice or information obtained from REDCLUSTER or through REDCLUSTER service shall create any warranty. The customer is solely responsible for any data stored on REDCLUSTER servers and for ensuring he has adequate backups outside of the REDCLUSTER infrastructure. REDCLUSTER shall offer no warranty or compensation for any data loss including but not limited to software failure, hardware failure or staff error.
REDCLUSTER LTD offers absolutely no liability or compensation to third parties in case it's services are used to inflict damages to third parties by the customer. The customer is the only one liable for any such damages. In no event shall we, nor our directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or e quitable theory with respect to the services for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever.
REDCLUSTER services are sold as unmanaged. They are designed for advanced linux administrators or experienced webmasters.
The customer is responsible for managing his server. REDCLUSTER staff is available for support only in case of Network issues and Server hardware.
The REDCLUSTER staff will not offer any kind of support for installing, configuring or debuging applications.
We generate the proforma invoices 10 days before the payment is due. The service is terminated automatically if it has not been paid before the due date and REDCLUSTER will not be responsible for any data loss that occurs due to termination.
If a subscription has been created for paying the service, the customer is responsible for cancelling the subscription (ex: Paypal) if he wants to terminate his REDCLUSTER services.
All orders placed through our billing portal are passed through an automatic fraud check system. Although our servers are typically set up in 24 hours from the receipt of payment, we manually review each fraud score before accepting the order. If our fraud check system scores your order as dangerous, we may require submission of a government issued ID to allow continued use of our services. Failure to comply in a timely manner will result in termination.
The customer shall create a single account on the REDCLUSTER website. Multiple accounts are strictly prohibited and will lead to the suspension of all services on all accounts without any refunds!
The use of fake or disposable email addresses is forbidden and will lead to the suspension of all the services without any refunds.
Any chargeback or dispute of the transaction done via our payment processors shall be considered a fraud attempt and will lead to immediate account termination and the termination of all active services without any refunds.
The customer shall keep confidential any information to which he is given access and shall cooperate with REDCLUSTER's efforts to mantain the confidentiality thereof. The customer shall not publish or distribute any information or documentation that REDCLUSTER provides including but not limited to support tickets, emails or phone calls.
Under the General Data Protection Regulation, REDCLUSTER acts as a data processor and will process the data in a way that meets the technical and organizational requirements of the GDPR.
The data will be processed on equipment owned by REDCLUSTER LTD or leased from sub-contractors, in datacenters with high security standards, ensuring adequate protections for the processed data.
The customer agrees to follow entierly the GDPR in relation to his processing of personal data belonging to EU customers and undertakes the sole reponsability and liability for ensuring the data is processed correctly under the GDPR.
ACCEPTABLE USE POLICY
The provisions of the Acceptable Use Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation or accepted norms of the Internet comunity,
whether or not expressly mentioned in this policy, are prohibited. We will be the sole and final arbiter as to what constitutes a violation of our policies.
Our products and services may be used only for lawful purposes. Transmission of, distribution of, storage of, or linking to any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property rights used without proper authorization, and material that is defamatory, constitutes an illegal threat, violates export control laws, or is otherwise prohibited by Cypriot law.
The customer will not, directly or indirectly, allow the usage of the services, sell or solicit sales, nor transfer Services of or provided by Redcluster LTD to any entity or individual located in, organized under the laws of, or ordinarily resident in any country or geographic region subject to comprehensive sanctions administered by OFAC or the EU.
The prohibited activities include, without limitation, the following:
- SPAM - Any kind of mass-emailing from our services is prohibited. Sending more than 100 emails per day shall be considered SPAM. RBL listing or abuse message recepit shall lead to immediate termination.
- Hosting webpages advertised within "spam emails"
- Hosting web pages or providing messages that support SPAM
- Illegal pornography
- TOR Exit Nodes
- IP Spoofing
- Fake/Replica product websites
- HYIP or ICO Websites
- Stress-testing websites
- HitLeap or any kind of artificial traffic creation
- Hosting viruses, worms, trojans or key loggers
- Port scanning
- Vulnerability scanning
- Brute forcing
- Floods or any other methods meant to cause denial of service
- The use of exploits
- Deceptive Marketing
- Offering financial services without the propper licensing
- Hosting copyrighted materials of any kind without proper authorization.
- Hosting phishing website
- Hosting websites where illegal activities are discussed. Ex: hacking, carding forums
- The use of any application meant to create disruptions to REDCLUSTER or other REDCLUSTER customers.
The unmetered shared bandwidth, which is the default for all our plans, should not exceed 100mbps in a 95/5 calculation during the period of one month. We reserve the right to limit the ports to 10mbps or 100mbps in case our services are abuse. The shared bandiwdth shall never be used for video streaming or download sites.
The number of reinstall requests accepted is of 2 per each 30 days for each server. Additional reinstalls shall be charged at 10 EUR per reinstall.
In order to cancel the subscription, the customer shall use the "Cancel" button found on the service page.
You may request a refund within 3 days of purchase of a server. The refund will be issued for maximum 1 service per account's lifetime.
NOTE: Refunds will be sent in the same method as the original payment. If the payment method does not support refunds or it is marked as non-refundable during the payment process, ex: paysafecard, bitcoin and any cryptocurrency, the refunds will be issued only as account credit.
REDCLUSTER is not responsible for any additional charges that PayPal or any other payment processor may take.
Bandwidth usage is not refundable, if it's above 1TB and will be charged with 3 EUR per TB.
If abuse messages are received for the server, no refund will be issued.
Chargebacks and disputes with our payment processors forfeits any right for refund.
Any service suspension for abuse or the breaking of this terms of service forfeits the refund policy for all the services in the account, including the unused account credit.
If multiple accounts are created by the same individual or affiliated group, although forbidden by our terms of service, no refunds will be provided for any of the accounts.
Refunds take up to 14 days to be completed.
The payout for the referred customers is 50% from the first month of all the orders done in the first 6 months since the account has been created.
The comissions are paid 60 days after the referred customer has made the transaction.
The minimum withdrawal is 10 EUR for account balance withdrawal and 100 EUR for PayPal withdrawal.
An extra 30% are given as bonus if the customer decides to withdraw the affiliate comission to the Dedistart account balance.
PayPal withdrawals are sent to the exact e-mail address associated with the Dedistart account.
Withdrawals to balance are final. The funds cannot be restored to your affiliate account nor will they be sent via any other method.
Multiple accounts are forbidden and lead to the forfeiture of all the affiliate comissions. If the same login IP is ever used on both the affiliate and referrred customer, the comission shall be forfeit.
If the affiliate has services suspended for breaking these terms of service / abuse, all the comissions in the account are forfeit.
If the refered customer has services suspended for breaking these terms of service / abuse, the comission related to this referred customer will be forfeit.
The transaction fees and the VAT do not count towards the affiliate comission.