By utilizing the infrastructure services provided by Aequatus Technologies LLC ( “We/Our/Us”), by the customer ( “the Customer”) including but not limited to virtual private servers (“VPS”), dedicated servers, and colocation services, the Customer agrees to the infrastructure services agreement outlined in this instrument (herein referred to as “the Agreement”) by submitting the online order form and/or utilizing our infrastructure services (“Services and Products”)
The Agreement governs the principles, guidelines, and requirements of the use of our Services and Products by the Customer. We reserve the right to modify the Agreement at any time, and any such modifications will automatically be effective for all customers when adopted by us and published on our website at http://aequatustech.com.
By using our Services and Products, the Customer agrees to be bound by the terms outlined herein as follows:
1. Service Fees and Billing
a. The Customer is responsible for paying all charges, fees, and other amounts due under the Agreement in US Dollars, in accordance with the pricing and billing terms provided on our website unless agreed otherwise by us. If the Customer desires an alternative currency, they must first obtain our approval.
b. The Customer must pay in advance and is non-refundable for Services and Products provided by us if the costs are not covered by a third-party broker. In addition, the Customer may be required to pay a one-month deposit, which will be returned at the end of the 12-month period or the contract end, whichever is sooner.
c. Unless otherwise specified in an order form or service description, the initial term of the Agreement shall be on a month-to-month basis, starting from the service order date, and will automatically renew each month thereafter.
d. If the Customer uses a credit card or PayPal recurring payment, they agree to future automatic payments unless otherwise indicated to us.
e. Failure to pay service fees will result in service suspension followed by termination.
f. Cancellations made within 24 hours of purchase will receive a refund. Cancellations made more than 24 hours after purchase require the 30-day contract to be honored, and full charges must be paid.
g. The customer is responsible for providing accurate and complete billing information to the company, including valid credit card information, and for updating such information as necessary. The customer shall refrain from:
i. Providing inaccurate or misleading information when submitting an order form, contract, or online application, or engaging in fraudulent activity using credit card details.
ii. Trying to evade or modify any billing or usage measurement procedures, including those related to tracking time or bandwidth usage, or any other means of recording the extent of usage of our Services and Products
h. In the event of a dispute regarding billing or fees, the customer shall promptly notify the company in writing and provide any information or documentation necessary to resolve the dispute.
i. The company reserves the right to suspend or terminate the service in the event that the customer fails to make payment in a timely manner, or if the customer breaches these terms and conditions.
j. The customer shall be responsible for all taxes and other governmental fees associated with the use of the service, except for taxes based on our net income.
2. Compliance with the Law
In order to comply with the law, the Customer is prohibited from engaging in any activity that involves posting, transmitting, re-transmitting, or storing material on or through any of our Services and Products that may be deemed unlawful or in violation of US laws or regulations.
We retain sole discretion in determining whether material violates these standards. Additionally, the Customer is prohibited from:
a. posting material that is threatening, obscene, indecent, or defamatory, or that may adversely affect any individual, group, or entity.
b. violating the rights of any person, including intellectual property rights protected by copyright, trade secret, patent, or other related laws or regulations. This includes any unauthorized installation or distribution of software products that are not properly licensed for use.
The Customer agrees to indemnify and holds us harmless from any claims that may arise from the use of the Services and Products, including those that may cause damage to the Customer or any other party.
The Customer is responsible for determining which laws and regulations apply to their use of the Services and Products, and we will not be responsible for providing legal advice or guidance on this matter.
3. Prohibited Uses
In order to ensure proper use of the Services and Products, the Customer must adhere to the standards set forth in the Agreement, and use them only in a manner consistent with their intended purposes, as determined solely herein.
If the Customer is uncertain about whether a particular use or action is permitted, they should contact us for clarification. It is important to note that the following examples are not the only prohibited uses of the Services and Products, but are provided for illustrative purposes in addition to Clause 4 herein:
a. Any use that is inconsistent with the intended purposes of the Services and Products.
b. Any use that violates the law or infringes on the rights of others, including intellectual property rights.
c. Any use that causes harm or damage to us, our affiliates, or our customers.
d. Any use that involves the distribution of unsolicited or unauthorized advertising, promotions, or other forms of solicitation.
e. Any use that involves the transmission of harmful or malicious software, viruses, or other harmful code.
f. Any use that involves the collection or harvesting of personal information from others without their consent.
a. The use of any of our Services and Products for the promotion, distribution, or sale of pornographic material or related merchandise. This prohibition extends to any website that includes links to such content, regardless of its location.
b. The use of our Services and Products for any activities that may facilitate the distribution or use of illegal software, including pirated software, ”hacker” programs, anonymous/public proxies, proxy services, P2P file sharing, Torrent sharing/seeding, archives of ”Warez Sites,” game rooms or MUDs, IRC Bots, IRC, Egg Drop programs, TOR network traffic inbound and outbound, and any other kind of illegal software or shareware.
c. Any website using our Services and Products is prohibited from offering online gambling, casino functionality, sportsbook betting (including offshore), and internet lotteries.
d. The violation of any individual’s rights protected by copyright, trade secret, patent, or other intellectual property or similar laws or regulations. This includes the installation or distribution of ”pirated” or other software products that are not properly licensed for use.
e. Any actions that restrict or inhibit any person’s use or enjoyment of the Company’s Services and Products, regardless of whether they are a customer or not, are strictly prohibited.
With regards to email usage, the following will be considered as violations of these terms and conditions:
a. Sending unsolicited commercial emails, also known as ”spam,” to individuals who have not explicitly requested such emails or with whom the Customer has no prior business relationship
b. Including references to our domain, IP address or email address in UCE
c. Posting advertisements on public chat systems containing any reference to our domain, IP address or email address
d. Harassment through email frequency, size of messages or language
e. Unauthorized use or forging of mail header information
f. Solicitation of replies for any other email address apart from the Customer’s own account
g. Creating or forwarding chain letters or pyramid schemes
h. Use of unsolicited email to advertise any service hosted by us or connected via our network
i. Engaging in unsolicited marketing efforts or any activities deemed harassing in any way
We reserve the right to determine what constitutes a violation of these provisions and whether any use of our Services and Products is consistent with their intended purposes.
In case of a verifiable violation, a minimum service charge of $300 will be imposed on the Customer and their account may face immediate suspension and/or termination, along with further penalties for email prohibitions. Such violation of this section will also render the customer ineligible for any refunds.
We have the sole discretion to take appropriate action if any prohibited use is discovered against any user found to be in violation of these terms, up to and including termination of Services and Products.
4. System and Network
We strive for a respectful and professional interaction with our customers. Any form of disrespectful or aggressive behavior towards our representatives, including through phone calls, emails, chat services, or other means, will result in the immediate termination of the customer’s account, regardless of any other provisions in the Agreement.
In navigating our system and network, the following must be kept in mind as prohibited conduct:
a. Introducing any type of malicious software, such as viruses or worms, into our network or server.
b. Customer breach or disruption of the security of internet communication, including accessing data that they are not authorized to access or logging into a server or account without authorization. The term ”disruption” encompasses activities such as port scanning, flood pings, packet spoofing and forged routing information.
c. Network monitoring that intercepts data not intended for the Customer’s server is not allowed.
d. Customer circumventing user authentication or security of any host, network or account.
e. Interfering with or deny service to any user other than Customer’s host. This includes denial of service attacks.
f. Any program, script, command, or message designed to interfere with or disable a user’s terminal session, via any means, locally or via the Internet is not allowed.
g. Customer creating an ”active” full-time connection on our-provided account through the use of artificial means involving software, programming or any other method.
h. Any attempt to circumvent or alter monitoring, bandwidth tracking or utilization reporting, or any other actions that complicate our normal operational procedures, including but not limited to altering, removing, or modifying our created log files, is strictly prohibited.
i. Customer taking any actions that could reflect poorly on us or negatively impact our operations upon our assessment.
5. Indemnification and Relationship of Parties
a. Customer agrees to defend, indemnify, and hold us harmless from any claims, lawsuits, charges, damages, expenses, or costs, including reasonable attorney fees and defense costs, arising from or related to the content of Customer’s website or any other material hosted by the customer on our servers or Services and Products provided under the Agreement.
b. The relationship between us and the Customer is not that of a partnership, joint venture, editor, or publisher. Both parties acknowledge and agree that we have no control over the data or substance of Customer’s website, except as necessary to maintain service.
c. The Customer agrees to indemnify and hold us harmless, our subsidiaries, affiliates, and their officers, employees, and agents (each an ”Indemnified Party”) against any Losses that may arise out of or relate to the Agreement, the Customer’s use of the Products and Services, breach of any confidentiality obligation, or alleged infringement of any intellectual property rights.
d. The Customer will reimburse the Indemnified Party for all legal and other expenses, including reasonable attorney fees incurred by such Indemnified Party, in connection with investigating, defending, or settling any Loss, whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.
6. Security and Software
a. We shall take reasonable steps to ensure the security of our Services and Products, including VPS and dedicated servers. However, we shall not be liable for any damages, losses, or expenses arising from any breach of security or any damage to or loss of data caused by any unauthorized access or use of our Services and Products.
b. To ensure the security of our account, the Customer is responsible for taking reasonable and necessary precautions to protect their login credentials.
c. The Customer agrees not to engage in any activity that may cause harm to any server, software, system, or other customers of the Company.
d. The Customer is responsible for maintaining their own computing equipment and running up-to-date virus software to prevent malware attacks.
e. The uploading of a virus to a Company server is strictly prohibited and will result in immediate account termination, service charges, and potential legal action.
f. The Company only provides technical support for VPS or Dedicated Server hosting issues. The Customer acknowledges that the Company cannot provide technical support for any software or script that the Customer installs. The Company reserves the right to determine what constitutes a “VPS or Dedicated Server hosting issue”.
7. Limitation and exclusion of liability
a. Limitations of liability
Aequatus Technologies LLC, its subsidiaries, affiliates, and officers will not be held liable for any damage, unauthorized access, alteration, theft, or destruction of information provided to us or distributed through the Services and Products.
We will also not be liable for consequential, exemplary, special, incidental, or punitive damages, even if they were informed of the possibility of such damages.
Our liability to the customer will be limited to the amount paid by the customer during the thirty days preceding the claim. This limitation applies to all causes of action, including breach of contract, negligence, and other torts.
The customer releases us from any obligations, liabilities, and claims exceeding this limit. In states where excluding or limiting liability for consequential or incidental damages is not permitted, our liability is limited to the extent permitted by law.
b. Interruption of Service:
We will not be liable for temporary delays, outages, or interruptions of the Services and Products. We will also not be liable for delays or failures to perform its obligations due to any cause beyond its reasonable control, including acts of God or third-party supplier issues or failures.
c. Maintenance:
We reserve the right to temporarily suspend services for maintenance, repair, or upgrade purposes. While we will use its best efforts to notify the customer of pending maintenance, it is not obligated to do so.
d. Backups and Data Loss:
The customer is solely responsible for any files and data residing on their VPS or Dedicated Server. We are not responsible for any data loss, and while complimentary backups may be provided, the customer must take full responsibility for their own backups.
e. Our Access to VPS or Dedicated Server:
We do not record or take responsibility for user passwords. A super admin user may be assigned to each server, which gives our technical staff access to a secondary user account for support activities. Customers can disable all our access to the super admin account using normal Windows or Linux procedures, but doing so is at their own risk. If our access is revoked, no password resets or general server support can be provided.
8. Violation
We strictly prohibit any action aimed at damaging servers, or the web presence or service availability of any other customer. Any violation of this provision, as well as other parts of the Agreement, may lead to termination of the account without refund and removal of the account without prior notice. We may also initiate legal proceedings and impose service charges for any such violation.
9. Confidentiality
a. The parties recognize that they may gain access to confidential and valuable information about each other’s business, including but not limited to business plans, customers, software technology, and marketing plans. They acknowledge that disclosing such information to third parties would compromise its value.
b. Therefore, both parties agree not to use or disclose any such information to any third party, and to take all necessary measures to protect the confidentiality of such information. In the event of termination of the Agreement, neither party shall use or disclose any confidential information and shall return or destroy all confidential documents.
c. This section shall remain in effect even after the termination of the Agreement. If either party breaches or threatens to breach this provision, the other party is entitled to seek injunctive relief without opposition from us or the Customer.
10. Refusal of Service and Termination
We retain the authority to decline or terminate service at its discretion without offering any refunds. Failure to comply with any of the Agreement may lead to instant account deactivation.
11. Financial Activities
The main purpose of us offering physical and virtual servers is for customers to conduct financial trading for a variety of instruments, including but not limited to stocks, bonds, derivatives such as futures and options, commodities, and foreign currencies. It is important for customers to carefully consider the risks associated with financial activities and to take full responsibility for their actions.
By using our Services and Products, customers agree to abide by all applicable laws and to assume full responsibility for their trading activities. We do not provide investment advice or make any guarantees regarding the performance of any financial instrument. Any losses incurred as a result of the customer’s trading activities will be the sole responsibility of the customer, and we will not be held liable for any such losses.
By using our physical and virtual servers for financial trading activities, customers acknowledge that they have read and understood these terms and conditions, and agree to accept all associated risks.
12. Disclaimer:
a. Using our Services and Products provided by us is solely at the customer’s own risk.
b. Our employees, agents, and providers do not provide any guarantees or warranties, either express or implied, regarding the uninterrupted or error-free usage of their services and products.
c. We are not liable for any loss of data or service interruptions caused by them or other causes. Our maximum liability for any claim made by the customer or other parties is limited to the total amount of fees paid by the customer in the preceding 30 days.
d. We reserve the right to modify the Agreement anytime.
13. Data Protection Compliance
a. We take your privacy seriously and comply with all USA data protection laws. We do not have a Data Protection Officer, but you may contact us at admin@aequatustech.com if you have any questions or concerns regarding your personal information.
b. By agreeing to the Agreement, you give us consent to hold and process your personal information necessary for delivering our Services and Products. We may share your information with our approved third-party sub-processors located in countries outside the United States. We will not retain your personal information without your consent.
c. We may collect and hold personal information such as your name, email address, phone number, website visits, interactions with staff, IP address, and purchase transaction details. The lawful basis for holding personal information is Contractual, Consent and Legitimate Interest.
d. We take reasonable steps to protect your personal data from unauthorized access, disclosure, alteration, or destruction. However, we cannot guarantee the security of your personal data transmitted to our website, and any transmission is at your own risk.
e. We will occasionally email you with important information regarding services, service updates, new products, and our news. You may unsubscribe from these emails at any time.
f. You have the right to request that we amend or remove your personal information at any time. We will do so within one month and ensure that any sub-processors are also informed of your request.
Last Updated on 2023-May-08.