Terms & Conditions

Rules for the Provision and Use of Services of UAB “STARNITA” (hereinafter referred to as the Rules) establish terms and conditions for the use of services of website and e-mail hosting, collocation, dedicated server rent, file storage and other services (hereinafter referred to as the Services) provided by UAB “STARNITA” (hereinafter referred to as the Provider). The Rules have been drawn up in accordance with the Law on Information Society Services of the Republic of Lithuania and other legislative acts of the Republic of Lithuania.

CONCLUSION OF AN AGREEMENT

A service provision agreement between the Customer and the Provider shall be concluded by registering online in the electronic service management system of the Provider, when the Customer correctly enters all data (fills in all information fields) in the Customer online registration form (hereinafter referred to as the Order) required for the registration and agrees to the terms and conditions of the service provision agreement and these Rules, by confirming this in the appropriate form.

OBLIGATIONS OF THE PARTIES

The Provider undertakes: to provide Services ordered by the Customer in high-quality manner and to an extent specified in the order form; to start providing the Services not later than 30 (thirty) calendar days from the date of payment for the Services; to start eliminating any disruptions of the Service provision occurring due to failures of the Provider’s hardware or software and/or errors made by the Provider’s employees not later than within 24 (twenty four) hours, where the appropriate notice is received on working days (from 8 a.m. to 5 p.m.), or within 48 (forty eight) hours, where the notice is received on non-working days; to notify the Customer by e-mail about planned preventive works or other technical changes that may cause certain disruptions or interruptions in the Service provision not later than 2 (two) calendar days prior to the expected works of the Provider; to take the necessary measures to ensure security of the hardware and information placed by the Customer; to recognize and treat as signed and approved the Customer’s notices sent to the Provider by online channels, if the Customer is registered in the Provider’s online system and appropriately uses identification and protection measures set down by the Provider; at the Customer’s request, to prepare and send to the Customer invoices for the prepayment for the Services on the basis of confirmed orders.

The Customer undertakes: to provide correct information about the Customer, when concluding the service provision agreement and completing the Order; to notify the Provider about changes of the information identifying the Customer and their content not later than within 3 (three) working days; to pay the Provider for the provided Services in accordance with the terms and conditions of the service provision agreement and the Rules; to immediately notify the Provider by telephone or e-mail about any disruptions of the Service provision; not to use the Services provided by the Provider for illegal purposes, in violation of the applicable laws of the Republic of Lithuania or in violation of rights and legitimate interests of other customers of the Provider and/or the Customer; to ensure that, when using the Services provided by the Provider, it shall not violate the requirements and limitations of the Customer’s activities prescribed by the Rules; to protect the Provider and third parties involved in the performance of the agreement from damages and any and all liability for the provision of incorrect information or data of the Customer; to accept, recognize and treat as signed and approved the Provider’s notices sent to the Customer by the Provider’s online channels and in line with the procedure set down in the Rules. Should the Customer refuse to agree with the content of these notices or the requirements set out in them, the Customer undertakes to immediately, i.e. not later than within 3 (three) calendar days, notify the Provider in writing and/or by e-mail. The Customer, moreover, undertakes to keep secure login details provided by the Provider. The Customer agrees to these Rules and shall assume full liability for an improper use of the Services as described in these Rules. Furthermore, the Customer agrees to comply with any changes of these Rules, new terms and conditions and new rules. Any violation of the Rules may result in suspension or full termination of the Services provided by the Customer as well as in any other actions provided for in these Rules, service provision agreement or legislation of the Republic of Lithuania, depending on the severity and gravity of the violation.

RIGHTS OF THE PARTIES

The Provider shall have the right: to terminate the provision of Services, if the Customer uses the provided Services for illegal purposes, in violation of the applicable laws of the Republic of Lithuania or in violation of rights and legitimate interests of other customers of the Provider and/or the Customer; to warn the Customer that provision of Services shall be terminated, if, when using the Services, the Customer violates the requirements and limitations of the Customer’s activities prescribed by the Rules; should the Customer fail to eliminate these violations within the period specified in the warning, to unilaterally terminate the provision of Services to the Customer. The Provider shall have the right to collect, store, use and transfer data of the Customer and/or data about the Customer and visitors of the Customer’s website. Data collected by the Provider may be used for data recovery or upon receipt of police notice, request or court order and any other document with a legal effect provided for in the legislation of the Republic of Lithuania. The Provider shall guarantee to the Customer that the data collected will not be used for any other purposes, transferred to third parties and/or otherwise disposed of. By agreeing to these Rules, the Customer has no objections to the collection and storage of such data. The Provider reserves the right to modify these Rules; the new Rules shall take effect from the date of their publication on the website http://www.clustspace.com. The Customer shall have the right: to the guarantee of the confidentiality and security of information transferred by it to the Provider; to the guarantee of continuous provision of Services as set out in these Rules; to prompt notification about any changes of terms and conditions of the provision of Services.

PAYMENT FOR SERVICES

The Customer shall pay for the Services in accordance with the chosen Service Provision Plan and fixed rates (prices) of the Service provision. The Provider shall provide only Services that have been paid for. Minimum Service provision period or the scope of Services, following the payment for which the Provider shall begin providing the Services to the Customer, shall be specified in the Order. The Customer shall be required to pay under invoices within 14 days from the date of drawing up the invoice. Should the Customer violate the requirements and limitations of the Customer’s activities prescribed by the Rules, when using the Services, funds paid by the Customer shall not be refunded and shall not be accepted as payment for the Services to be provided in the future. All the payments made by the Customer shall be treated as completed from the date of crediting of the funds in the Provider’s account LT157300010131062888 or from the date of payment by any other payment method. The Provider reserves the right to change the rates, by notifying the Customer not later than 1 (one) month prior to the next reporting period.

LIABILITY OF THE PARTIES

Liability of the parties operating under these Rules shall be established in accordance with the applicable laws of the Republic of Lithuania, these Rules and service provision agreement. When using the Services provided by the Provider, the Customer shall act at its own risk and shall assume full liability for its actions. None of the information, advice, recommendations of the Provider or Provider’s employees shall create any obligations of the Provider with regard to the Customer or third parties. When using services provided by third parties, the Customer agrees that the Provider may not be held liable for the quality of services provided by third parties and understands that the Provider is not associated with third parties, whose services are available to the Customer. In the event of unintentional or indirect losses due to the quality of the provided Services, the Provider shall not be held liable and the Customer shall not have the right to make any claims against the Provider. The Provider shall not be held liable for losses of the Customer or third parties caused by reliability, loss, delay of sent or received information, that may be directly or indirectly incurred by the Customer in the process of using the Services provided by the Provider, unless direct fault of the Provider is proven. The Provider undertakes to make free backups once a week; should the Customer wish more frequent making of backups, the Customer may order additional backup service. Weekly free backups shall not be made with cloud servers; therefore, the Customer shall be required to take care of this. The Provider shall not be held liable for the storage and use of the Customer’s information and its content that is contrary to applicable laws of the Republic of Lithuania, by way of using the Services provided by the Provider. The Provider shall not be held liable for any restrictions that are applied or may be applied to the Customer by third parties in accordance with the legislation. The Provider shall not assume any liability for any financial, intellectual or other damages arising from the use of Services provided by the Provider. This includes: connection disruptions, delayed submission of data or failures to submit the data, or any other disruptions in the Service provision resulting from a failure of the Provider’s systems and/or a fault of the Provider’s employees.

REJECTION AND TERMINATION OF SERVICES

Before terminating the service provision agreement, each Party shall fully settle accounts with the other Party. The Customer shall have the right to unilaterally terminate the service provision agreement, despite the fact that the Provider has already begun performing it. In this case, the Customer shall be required to pay the Provider part of the price in proportion to the scope of works performed, and to reimburse other reasonable expenses incurred by the Provider in order to perform the service provision agreement before the receipt of the notice of termination of the agreement, as well as to pay for discounts given prior to the date of termination of the Service provision. The Provider reserves the right to terminate the Service provision to the Customer at any time. If the Service provision is terminated at the Provider’s initiative, all the amounts paid for the unused time will be refunded within two weeks from the termination of the Service provision. The Customer shall be required to send its bank account information. Service provision may be terminated upon notification of the Customer 48 hours in advance. After 48 hours, the virtual server shall be suspended, all the information shall be archived and the archive shall be presented to the Customer, if the latter failed to make copies of the data. If the Service provision was terminated due to violation of the Rules for the Use of Services, the amounts paid shall not be refunded, the virtual server may be turned off without prior notice and other legitimate actions provided for in the Rules for the Use of Services may be taken. In the event of termination of the service provision agreement, where the validity of services that had been paid for expired, or where the Service provision was terminated for any other reason, the Provider shall not be held liable for any losses, which may be incurred by the Customer after the termination of Service provision. This includes (but shall not be limited to): the loss of the company’s relations with its customers, loss of sales, any other financial damages and any other types of damages or losses that are related to lawful (in accordance with these Rules) termination of the Service provision.

SERVER RENT

The Provider shall provide server, virtual private and virtual dedicated server, dedicated server rental services. Customers who have ordered these services shall be required to comply with all provisions of the agreement and these Rules. Customers may not use servers in activities that: are related to violations of copyright or the related rights; are not permitted without permits (licenses) issued by the competent authorities or may be undertaken only by certain authorized (competent) authorities, institutions or organizations; are related to sending promotional (or other types of) e-mails to persons who have not given their consent to receive such e-mails (SPAM), distribution of viruses and/or other malware, etc.; violate the requirements of the legislation of the Republic of Lithuania and the European Union, international legislation and legislation of a country, in which the server is physically located. Customers may not use illegal software. The standard price does not include protection against DDoS attacks; the Customer may order such services from the Provider for an additional fee. In the event of a DDoS attack and failure to find other ways to quell the attack, the Provider reserves the right to shut down or disconnect the global Internet traffic.

RULES FOR REGISTRATION AND USE OF DOMAINS

The Provider shall register domains only in accordance with information provided by the Customer. When providing information of the domain customer, the Customer shall ensure that it provided correct information identifying the owner of the domain and that it has the right to provide such information. When ordering the service of domain customer replacement, the Customer shall ensure that it has the ownership right to the specified domain.

OTHER PROVISIONS

Any harm or attempt to harm the server, other customer of the Provider or its information is strictly prohibited. Any unauthorized connection to another computer, another computer system or computer network, any unlawful appropriation of information or attempt to do so is strictly prohibited. This includes (but shall not be limited to) access to passwords of other persons by way of deceit, illegal search (scans) for security vulnerabilities in computer networks, hacking into computer networks, etc. Any unauthorized use of computer system or information of another person shall result in legal actions against the offender of the Rules. In the event of termination of the Service provision due to violation of these Rules, the amounts paid by the Customer shall not be refunded. In such event, none of the Customer’s information (computer files, databases, information stored in e-mail boxes) shall be returned. Moreover, the Service provision may be temporarily suspended, terminated completely or other legal actions may be taken against customers who store on the server: information abasing other person’s honor and/or dignity as well as information that instigates violence, compulsion, racism or any other types of activities that are harmful to the public, group of persons or individual, sexually explicit material that is in violation of the legislation of the Republic of Lithuania (with the exception of erotic material permitted by the legislation of the Republic of Lithuania). Should any provision of these Rules be recognized invalid or unenforceable in accordance with the legislation of the Republic of Lithuania, other provisions of these Rules shall remain valid and shall be applied. Depending on the technology of the Service provision, the Order may specify other procedure for the Service provision than that specified in the Rules. In such event, terms and conditions provided for in the Order shall be applied. All disputes, differences or claims arising out of or associated with these Rules, violation, termination or invalidity of these Rules shall be settled by way of negotiations. Should the Parties fail to settle such disputes, differences or claims by way of negotiations within 15 (fifteen) days from the date of submission of the first claim, they shall be settled in a court of the Republic of Lithuania.

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