This Agreement (the “Agreement”) is made by and between UAB Cherry Servers (“Cherry Servers” or “we”) and Customer (also referred to as “you”) and is effective as of the date that you confirm your acceptance by clicking the “Order Now” button on at https://www.cherryservers.com (the “Website”) or via digital signature (the “Effective Date.”) Cherry Servers and Customer are collectively referred to as “Parties” and individually as a “Party”.
Cherry Servers reserves the right to modify its network, system configurations or routing configurations. Cherry Servers may, at its sole discretion and without liability, change or modify the features and functionalities of a Service or modify or replace any hardware or software in the network or in equipment used to deliver any Service provided that this does not have a material adverse effect on the Service.
You shall, and shall ensure that your End Users, use a Service only for lawful purposes and in a lawful manner, and subject to the express prohibitions set forth in this section. You are expressly prohibited from using any Service in a manner that would or in Cherry Servers’ reasonable judgment may (a) constitute or encourage conduct that is criminal in nature, (b) give rise to civil liability for you or us, (c) violate any applicable laws or regulations (including those related to the intellectual property rights of third parties), (d) enable you to avoid any obligation to pay for the Service, (e) interfere with, disrupt, access without permission or present a risk to a Service or to the network or equipment of Cherry Servers, its customers, its interconnected providers, or other third parties, (f) violate this Agreement or the policies of Cherry Servers, (g) gain unauthorized access to, or otherwise violate the security of Cherry Servers’ (or another party's) network, servers, computers, network control devices, software or data, or other part of a computer system or network, or (h) constitute an abusive or fraudulent use. Specific conduct that is prohibited under this policy includes, but is not limited to, spamming, sending unsolicited commercial email, hacking, dissemination of (i) child pornography or any other activity harmful to minors or (ii) deliberately offensive material, including any message or information that is or may be threatening, libelous, obscene, or harassing. You shall be responsible for any liabilities or obligations arising from your or your End Users’ use of a Service in violation of this section. We shall have the right to block or suspend the Service without notice to you or any liability for us in the event we reasonably determine that (i) you or your End Users are using the Service in a manner that violates or is contrary to this section, or (ii) your network or your server space leased from Cherry Servers are subject to a distributed denial of service (DDOS) attack or other type of attack that interferes with Services provided to other customers. If your or your end users’ actions have caused the Cherry Servers mail servers or IP address ranges to be placed on black hole lists and other mail filtering software systems used by companies on the internet, you will be assessed a 100 EURO administrative charge and fees of 100 EURO per hour for employee time incurred to contact list holders, remove any blocks and protect our mail servers and IP ranges.
You shall indemnify and hold Cherry Servers, our affiliates and subsidiaries, employees, directors, officers and shareholders of the same harmless from and against all claims, losses or damages (including attorney’s fees and costs) in favor of any agency, person, firm or corporation, arising from or relating to (i) any personal injury or property damage in any way resulting from the acts of you, your End Users, employees or agents; (ii) any violation of Section 10 or any claim by a third party that the content, use and/or publication of information and communications transmitted by you or your End Users using the Services (“Content”) infringes upon the rights of such third party, regardless of the form of action, whether in contract, tort, warranty, or strict liability and whether in respect of copyright infringement or any manner of intellectual property claims, defamation claims, claims of publication of obscene, indecent, offensive, racist, unreasonably violent, threatening, intimidating or harassing material; or (viii) your failure to comply with applicable data breach or data protection legislation.
Cherry Servers shall not be held responsible for any delay or failure in performance of a Service or any part of this Agreement to the extent such delay or failure is caused by: fire; flood; earthquake; the elements; lightning; explosion; war; act of terrorism; strike; embargo; labor dispute;; government requirement; civil or military authority; act of god or nature; inability to secure materials or transportation facilities; act or omission of carriers or suppliers (other than the Parties themselves); acts or failures to act of any governmental authority; computer viruses or worms; DDOS attacks, DNS spoofing attacks and/or other hacking attacks; or any other causes beyond its reasonable control.