These Terms and Conditions are valid for all packages and rates, and all the countries in which services are provided. Digital Servers undertakes to provide all services offered.
Digital Servers Public Offer Agreement for individual and legal entities dated 10th of March 2022 comes into effect from the moment of publication. By registering and setting up a personal account in the Business's billing system, the Client fully agrees to be bound by all Terms and Conditions of the Agreement.
The Agreement regulates the relationship between Digital Servers (hereinafter referred to as the "Business") and the Client (hereinafter referred to as the "Client"). The Agreement does not require a signature in writing.
Host computer issues, communication issues; not getting root-access with OS and software shall be the responsibility of the Business.
Game server performance issues; getting root-access with OS and software shall be the responsibility of the Client.
The Client is automatically registered in the Business's billing system upon ordering a service. All requested data has to be specified upon registration.
Registration period is unlimited. The Client can pay for services ordered at any time; however, payment shall be made in accordance with current rates.
The Business reserves the right to refuse services (with a full refund) at its own discretion until the server is activated.
The Business reserves the right to request documents confirming the identity of the Client before account activation, as well as to check the Client's data in any other way.
All services are provided upon 100% advance payment.
If a payment for the next term has not been received, the service will automatically be blocked; it cannot be restored.
All the data stored on the dedicated server will be retained for 24 hours after expiration of the payment term; after 24 hours the Business reserves the right to remove the Client's data and rent the server again.
service shall be unblocked upon receipt of the full payment within 24 hours.
Payment term continues from the day the service was blocked, not from the day the new payment was received.
Preparing a game service can take up to 10 minutes and is performed automatically; the server will be activated only upon 100% full payment of the invoice.
Reselling the Business's services without the consent of the Client Services Division and without the formalization of the partnership is strictly prohibited.
The Client is provided with full access to the server and assumes all responsibility therewith.
The Client is obliged to monitor the conformability of all hosted materials, the used software and the content hosted on the service, and shall bare responsibility for its compliance with copyright and related rights and the norms of the current legislation (depending on the country hosting the service).
The Client is fully responsible for their public statements and actions against the Business. In the event of unprovability of any claims and/or allegations, the Business reserves the right to initiate legal proceedings.
The Client may use their service for any purpose whatsoever if the said purpose does not contradict the legislation of the country hosting the server and does not violate copyright and related rights, as well as ethical and moral standards.
All issues related to the Client's service working efficiency are only accepted through the Business's ticket system in accordance with the established procedure. All the required data must be specified upon ticket submission.
If node/host computer/IP-network of the Business has been blocked due to the Client's fault (without the explicit intent to do so), they are obliged to perform KYC in order to unblock the server; however, if blocking due to the Client's fault occurs again, services may be suspended or terminated without notice.
If the Client's service has been blocked due to complaints and/or other causes more than one time in a month (network scan, outbound and inbound DDOS), the Client is obliged to perform KYC to continue using the service, if it continues services may be suspended or terminated without notice.
If the Client fails to take action regarding the complaint, the Business and its Data Center reserve the right to block the Client’s account without prior notice.
The Client is obliged to monitor all the traffic generated by their service. Only traffic statistics obtained via the Business's and the Data Center's hardware and technical system are considered valid.
Service speed is 10Gb/s shared per node. The speed can be reduced in case of service usage policy violation, including hosting traffic generating projects.
If a service says it is unmetered that means the traffic isn't monitored, and there is technically no limit set although fair use does apply.
If there is suspicion of fair use abuse, services may have traffic monitored and services may be blocked if found to be abusing data transfers.
The Business and the Data Center reserves the right to block the Client's service in the event of incoming DDOS attacks.
It is prohibited to host adult content (pornography), including links to adult content; erotic, including links to erotic content; advertisements containing erotic and pornographic scenes.
It is prohibited to host IRC services (port 6667 is closed).
It is prohibited to host data and software that contradicts the legislation of the country hosting a server (USA, France, Germany, Finland, Canada, Estonia, Australia, Singapore, UK) or violates copyright and related rights, as well as generally accepted ethical and moral standards.
It is prohibited to host mass mailing software, spam, message submitters, botnets, grabbing, phishing etc. malicious campaigns contradicting legal activity on the Internet.
It is prohibited to host open proxy, open VPN, and other public services (including with paid or private access) that might help perform illegal actions on the Internet.
If a Data Center receives a complaint about such projects, the Client will be sent a warning and the affected services can be deactivated until the causes of complaint are eliminated.
The Business's services are provided "as is". The Business reserves the right to unilaterally revise the Service Rules at any time without prior notice; the new rules shall come into effect upon publication on the Business's website.
The Business shall maintain the proper quality of host computers and remove all faults as soon as possible.
The Business shall maintain average market prices or lower.
The Business shall not guarantee 100% uptime of the Network, and host computers.
All scheduled maintenance, updates, etc. shall be conducted from 12:00 to 18:00 Australian Eastern Standard Time, except in the event of force majeure or emergency maintenance.
The Business shall not be liable for unintentional disclosure of confidential or other information, for malicious or fraudulent activities of third parties, or for intentional obstruction of the Business's services, damage of the Business's equipment, stealing and damaging the Client's information.
The Business shall not be liable for the inability to access services due to the fault of the third parties (such as Internet Service Providers).
The Business reserves the right to temporarily stop the Client's services for routine maintenance, as well as due to DDOS attacks or other Network attacks, and in a result of natural disasters and other force majeure events.
The Business reserves the right to charge additional fees, besides the ones listed on the website, including for operations related to unlocking the Client's servers/IP addresses that were blocked due to the Client’s fault.
The Business does not offer free technical support, excluding cases when technical support is paid for within a subscription plan or on one-time basis.
The Business shall be responsible for the access speed to the Client's resources and accessibility of the Client's resources within the Business's Data Center.
The Business's Data Center reserves the right to block the Client's services at its own discretion if the Client has failed to timely respond to complaints and in case of causing an increased Network load.
Unauthorized distribution or copying of software protected by copyright; violation of legislation of the USA, France, Germany, Finland, Canada, Estonia, Australia, Singapore, UK, as well as other international norms and agreements; export restrictions; fraud; circulation of pornographic/erotic materials, drugs; and other illegal activities; selling or collecting e-mail addresses for mass mailings.
Mass mailings without an explicit consent of the receiver - Spam.
Frequent use of non-existent e-mail return addresses, mailbombing, sending spam to forums, guestbooks, and other online communities.
Slander, distribution of personal information, violation of copyright and related rights, violation of intellectual property rights.
Hosting adult and erotic content in any form, including links to such content.
Violation of privacy and property rights. Hosting slanderous and insulting information, aiding and abetting ethnic hatred, murder, terrorism and violence in all its forms.
The Business disclaims any responsibility for decisions made with respect to the Client in case of violation of copyright and related rights without clear evidence (notarized documents, court decisions) of the content (text and graphic content, video content, and any other non-software content) on sites/servers.
Attention! These decisions can be made by the Business's Data Center at its own discretion; the Business does not bear responsibility for above said decisions.
Obstruction of the normal and stable operation of servers, Network resources (outgoing and incoming DDOS), and general productivity of the Business.
Deliberate provision of false information or failure to confirm it.
Inappropriate communication with the Business's employees, including using profanities and spreading slanderous information about the Business.
The Business reserves the right to refuse service at its sole discretion.
The installed Client's software, server configuration and the consequences it may entail.
Any kind of direct or indirect damage, data loss, goodwill loss, etc.
The Business does not monitor the content on the Client's server and does not have access to it, except upon receipt of a grounded complaint from a third party.
The Business guarantees the compliance of allocated resources with information provided on the site if it is supported by the technology used.
The Business guarantees the availability of host computers and KVM nodes at the level of 99.9% per month. *
Availability statistics are produced by external analyzers and made available to the Clients at the Business discretion.
Upon violation of the * clause, each full day (24 hours) of down time of the computer hosting the Client's service shall be double compensated.
Compensation shall only be made in the form of extended service subscription and cannot be paid in cash or credited to the Client's account.
If your service has an interruption and you are not satisified with our response to an issue, you can request a refund within 30-days* of starting any services with us.
* Since we rely on a third-party for domain registration, domains are not included with the 30-day refund policy.
Payments sent automatically (auto-renewals) are eligible for a 100% refund of the renewal amount within one (1) day of the payment being sent.
If you want to cancel a service, you can request to cancel via our a ticket, discord support and you can be entitled to a refund based on the remaining cycle of the service.
If you request to cancel via the billing system and don't contact us we will assume you want to cancel the service at the end of the term and no refund will be provided.
Digital Servers does not have access to any client's PayPal account. Digital Servers will attempt to cancel PayPal subscriptions via API requests after receipt of a cancellation request, however, it is the client's responsibility to ensure any active PayPal subscriptions to Digital Servers are cancelled via their PayPal. Therefore, we cannot and will not be responsible for unintended payments made via the automatic payment subscription service although we will attempt to refund any overpaid amounts if we are aware of the issue.