Agreement

Company FASTVPS Eesti OU, registered in the Commercial Register of the Republic of Estonia under the number 12101479, puts on its page the following Public Offer Contract for individuals and legal entities.

Contents

1. General clauses, terms and definitions

2. Subject matter of the contract

3. Use of service

4. Area of Responsibility

5. Registration scheme

6. Procedures for the provision of services and payment for services

7. Funds returning

8. The rights and obligations of the Customer

9. The rights and obligations of the Company

10. Traffic supervision

11. Prohibited content and software

12. Guaranteed service levels

13. Affiliate program, discount policy

14. Substantial additions for OVZ, EVO, ML tariffs based on OpenVZ

15. Additional services for dedicated servers

16. Substantial additions for FPS tariffs based on Paralles

17. SMS and email informing

18. IPv4 and subnets dedication substantial conditions

19. Free technical support regulations

20. Handling complaints about servers located in Estonian data center

21. Substantial additions for Hewlett-Packard tariffs

22. Liability of the parties, disputes resolution

23. Contract modification and contract cancellation

1. General clauses, terms and definitions

1.1 Service – is a service or work provided by the Company in accordance with the present contract;

1.2. Billing-system – automated system of Services documentation, tariffication and invoicing. Billing-system is located at bill2fast.com;

1.3. Ticket-system – a communication system between the Company and the Customer provided via Company's Billing-system

1.4. Host-node – a platform that contains several virtual servers (VPS, VDS);

1.5 Data-center – special building dedicated to housing (hosting) servers and communications equipment connected to the Internet channels; Also understood as a third-party company, that provides services to the Company except cases where own Data-center is implied.

1.6. Operating System (OS) – a system of controlling and processing software which, on one side serve as an interface between computing system hardware and application programs, and on the other side, is designed to control hardware, computing processes, effectively distributing compute resources between compute processes and organizing reliable computations;

1.7. Software – a set of programs for data handling system and software documents necessary to use these programs;

1.8. Control panel – software for remote administration of the Web server through an Internet browser.

1.9. Domain – a text entry on the DNS server that allows access to the requested resources with the help of addressing

1.10. Traffic – an amount of information transferred via Internet during the particular period of time;

1.11. Server – a dedicated and/or specialized hardware for service software execution;

1.12. Dedicated server – a type of hosting service when a Customer is provided with a standalone physical server;

1.13. Virtual dedicated server VPS/VDS (Virtual Private Server/Virtual Dedicated Server) – a type of hosting, when a physical server is being divided on several so-called Virtual Dedicated Servers which, in turn, are being granted a lease of to Customers; VPS/VDS tariffs are EVO, FPS, OVZ, ML;

1.14. Company – a legal entity (commercial company) FASTVPS Eesti OÜ, providing services under the present contract conditions;

1.15. Customer – a User, an individual or a legal entity that receives a service of Dedicated Server and/or Virtual Dedicated Server described in Chapter 1 of the present Contract;

1.16. End-user – a Customer who is not providing a Dedicated Server and/or Virtual Dedicated Server leasing service;

1.17. Home pageFASTVPS Eesti OÜ home page available by the Internet address at: www.fastvps.ee or www.fastvps.hosting;

1.18. Server suspension – a Dedicated or Physical Server condition when it is unable to perform the tasks set, but keeps containing the information stored up to date;

1.19. Private data – the data about an individual received by the Company due to providing services under the present Contract.

1.20 RIPE NCC – IP address area controlling organization in Europe region;

1.21. DoS, DDoS – an attack on a computer-based system to make it unavailable.;

2. Subject matter of the contract

2.1. The subject of the present contract offer for individuals and legal entities is to provide the service of leasing dedicated and/or virtual servers in the form of resources of dedicated servers connected to the Customer Local Area Network and providing information traffic with the Internet as well as the ability to store Customer’s data.

2.2. The present contract is concluded for an indefinite period and comes into force at the moment of its acceptance described in the clause 5.10 of the present contract. Thereby FASTVPS Eesti OÜ Contract in force as of 19.09.2011 becomes invalid.

2.3. All the additional services not described in clause 2.1. are provided to the Customer in accordance with the amendment to contract that is an integral part of the present contract.

3. Use of service

3.1. The Company provides services described in clause 2.1. of the present contract, monitors the hosting Virtual Dedicated Server equipment operation and ensures the equipment performance. The Customer independently monitors Virtual Dedicated Server operation and performance.

3.2. The Customer independently monitors Dedicated Server operation and performance.

3.3. The Company provides the services described in clauses 2 and 3 of the present contract. The terms and conditions of the present contract are applied to Customers that are resided or have a place of business in Estonia or any other EU Member State or resided or have a place of business outside Estonia or any other EU Member State. The terms and conditions are true to all packages/tariffs and countries where the services are provided.

3.3.1. Agents, authorized by the Company, are not service providers and can not be responsible for the quality of the services provided. In case of complaints about the performance of Technical Support Department or Customer Care Department, the Client may report to [email protected].

3.4. Registration on the Company FASTVPS Eesti OÜ Billing-system and payment on the personal account of the Client takes place in accordance with the procedure described in Chapters 5, 6 and 7 of the present contract and means the full familiarization and full acceptance with the terms and conditions of the contract.

3.5. The present contract regulates the relationship between FASTVPS Eesti OÜ Company (hereinafter referred to as Company) and Company’s Customer (hereinafter referred to as the Customer). The present contract offer does not require signing in writing in accordance with the Law of Obligations Act of Estonia, paragraph 35.

4. Area of Responsibility

4.1 The Company takes full responsibility for host-nodes (VPS nodes) and Data-center (pre-border routers) quality of operation.

4.2. The Customer takes full responsibility for chosen configuration, OS malfunctions and VPS/VDS quality of operation in general (in case it is not caused by violation of the clause 4.1. of the present contract).

5. Registration scheme

5.1. In order to receive the services described in chapters 2 and 3 of the present contract, the Customer need to register on billing system at bill2fast.com. During the registration procedure the following data shall be provided on a mandatory basis (see the registration form on the Company page at https://bill2fast.com/register.php)

5.1.1. Name, last name;

5.1.2. Email address;

5.1.3. Full mobile phone number without a country code;

5.1.4. Full residential address, including street name, house and apartment numbers;

5.2. The data specified in the clause 5.1 has to be accurate. The Customer should be ready to confirm the data provided over the phone. Otherwise the Company has the right to refuse the Service provision.

5.3 It is not obligated to register or own a domain to start using a VPS or a Dedicated Server. Upon registration it is possible to note that the domain exists and is being registered at the third-party company.

5.4. After the registration procedure in the order, specified in the clause 5.1. of the present contract, the Customer receives an information letter by email and SMS containing all the required technical data as well as payment instructions.

5.5. The registration time is unlimited. After completing the registration procedure, the Customer is able to make the payment anytime. The payment is made in accordance with tariff prices. Tariff prices can be viewed at Company’s web-site www.fastvps.ee or www.fastvps.hosting;

5.6. In the event when the Company is not able to provide the service specified in chapters 2 and 3 of the present contract on account of technical issues, emergency situations or any other objectively reasonable causes, the funds, payed for the service by Customer shall be refunded to the Customer in accordance with the order specified in the present contract;

5.7. In the event when registration procedure can not be completed by the cause of mismatch of the data provided by the Customer or any other causes, the Company may ask the Customer to provide documents  confirming his/her identity;

5.7.1. In the event of providing deliberately false data, IP or phone number mismatch with the location provided by the Customer, a payed stamp-confirmed scanned-copy of a utility bill or a bill for telecommunication services indicating Customer’s name, last name and residential address may serve as an identity confirming document;

5.8. In the event when the contract is renewed (in case it was suspended), mobile phone number confirmation is done in fully automated mode before making-out of an each new order.

5.9. Completing the registration procedure described in the present chapter shall be deemed as acceptance of the terms and conditions of the present contract.

5.10. By accepting the present contract the Customer therefore confirms his/her consent to the processing of his/her personal data on the conditions stipulated in the present chapter of the present contract.

5.11. The Customer has the right to withhold one’s consent for processing of his/her personal data described in the present contract or withhold the previously given consent and provide corresponding application in accordance with the present contract;

5.12. All the services applied to the account of the Customer belong to the person who owns the account;

5.13. All the services must be payed for by the account owner. In the event when services are being payed for by a third person, the account owner has to notify about this occasion in advance;

5.14. The Customer shall be liable for any obligations and liabilities arising from transactions and other relations with third parties. The Company shall not be liable for any of the Client’s activity;

5.15. Any payment made by a third person must be confirmed by the fact that the third person made the payment on behalf of the account owner.

6. Procedures for the provision of services and payment for services

6.1. Services are paid for by the Customer using the billing-panel of the Company except the cases of manual payment (manual payment – a direct payment to the bank account of the Company);

6.2. All services described in the present contract are only provided after the terms of the present chapter are respected. Test period is not provided by the Company.

6.3. Payments can be made according to the system described on the main web page of the Company at  www.fastvps.ee or by manual payment in accordance with the conditions described in clause 6.1 of the present contract.

6.4. Once automated payment, described in clause 6.1, is successful, the fact of the payment is recorded in the billing system of the Company;

6.5. For manual payment the Customer is obligated to contact Customer Care Department and confirm the payment procedure. The fact of payment will become confirmed once Customer Care Department employee has recorded the payment in the billing-system of the Company;

6.6. The invoice for a subsequent period has to be payed no later than the due date stated on the invoice. Conversely the server is to be suspended within 24 hours after the due date;

6.7. Whenever a VPS service is suspended the VPS image is stored for 14 (fourteen) days on the backup server of the Company. The data on the backup server is removed along with the service. After the period of 14 days the data can not be restored;

6.8. Whenever a Dedicated Server service is suspended, the data stored on the server is kept for 5 days after a due date. After the end of 5 days after the due date the Company reserves a right to remove the Customer’s data including the data stored on the backup-server of the Customer and lease the Dedicated Server again;

6.9. In case the payment due date is violated by the Customer for more than one day, the invoice is to be increased by 10% of the total invoice as a penalty for a due date violation;

6.10. VPS/Dedicated Server unsuspension, as stated in clause 6.6. of the present contract, is made within 24 hours after full payment for the service is made. It is recommended for the Customer to create a ticket (e.g. report to Customer Care Department) about making the payment;

6.11. In the event, described in clause 6.6. the Customer is obligated to make a full payment for the service covering the whole subsequent period including the suspension period;

6.12. Virtual Dedicated Server activation period is up to one hour from 10.00 till 18.00 GMT+4 in case of a regular order (without software configuration), or in case of the FastPanel included order. In other cases the activation period may take from 24 to 48 hours;

6.13. Dedicated Server ready time is from 1 to 5 days;

6.14. A month period is taken as 30 days net;

6.15. Payments for the services of the Company in a currency other than EUR shall be made in accordance with the conditions described in billing-system of the Company at the time of payment;

6.16. Payments shall be made timely by the Customer in accordance with the present contract. If an invoice is not received by the Customer, the Customer is obligated to notify the Company about the fact of not receiving the invoice.

6.17. If the Customer has any debts, the Company has the right to claim the debt from the Customer with the help of a third-party. In this case the Customer is obligated to pay not only the debt, but also the debt collection expenses;

6.18. The company does not provide services based on the principle of the lending.

6.19. Any claims from the side of the Customer related to payments shall be made to the Company within one year from the moment of realization of a basis for the claim. While the claim is being processed the Customer is obligated to pay timely for the services that are not subjects of the dispute.

6.20. In the event when the Customer on his/her own or with the assistance of third parties is requesting a change back from an electronic payments aggregator, the Customer is charged 50 EUR for such action. The Customer is obligated to settle any payment concerning disagreement with the Company directly.

6.21. The Customer takes full responsibility for the consequences related to payments for services made by a third party. In the event when a charge back has been requested by a third-party, the Company shall claim 50 EUR from the Customer.

6.22. VPS/VDS and Dedicated Service renewal for incomplete accounting period (by days) is carried out on the double tariff.

6.23. Windows terminal licenses (RDP) for WHS tariffs are monthly payed. Payment due date is the first day of the month regardless of a date of the order and license activation date.

7. Funds returning

7.1 The Customer has a right for refund for unused services according to clause 7.4. of the present contract. These funds are credited to the Customer’s account in the billing-system of the Company and can be spend on any other services provided by the Company, transferred to an account of another Customer or refunded to the Customer except the event when the payment was made with BitCoin system. The refund can be made to:

7.1.1. E wallet in WebMoney payment system;

7.1.2. bank card or PayPal account in case the payment was made from bank card or PayPal account;

7.1.3. Customers bank account;

7.2. The refund described in clause 7.1. is made within 30 calendar days;

7.3. To obtain a refund the Customer is obligated to send a ticket to the Customer Care Department of the Company;

7.4. Only unused amount of actually payed amount can be refunded. Only payment for a basic service can be refunded. Basic services include:

7.4.1. VPS server;

7.4.2. Dedicated server;

7.5. Payment for services such as control panels, advance payment and setup fees for IP addresses and DNS-service, domain names and other services are unrelated to basic services;

7.6. Refunds, described in clauses 7.1 and 7.4 of the present contract, can only be made for whole unused months;

7.7. A commission of 7% shall be withheld from the refund amount in the event of refund to WebMoney or bank card or PayPal account. A commission of 7% withheld in the event of refund to Customer’s bank account plus commission for the payment order the amount of which depends on the Customer’s bank country.

7.8. If the Company has suffered damage (servers or networks disconnection, IP black-listing etc.) by the fault of the Customer who is being refunded, the damage is payed for from the refunded amount during the pre-trial or trial proceedings.

7.9. A refund for the services payed with Bitcoin system is only possible to Client’s inner account in the billing system of the Company and can only be spend for the other services provided by the Company. Any kind of withdraw of these funds from the Company’s billing system is not possible.

7.10. The processing of electronic payment service is not refundable and is to be deducted from the total sum of the refund.

8. The rights and obligations of the Customer

8.1. According to the terms and conditions of the present contract, reselling of the services provided by the Company is forbidden;

8.2. After completing the registration procedure the Customer is provided with root access to the server. The responsibility of using the server is delegated to the Customer in accordance with the terms and conditions of the present contract;

8.3. The Customer has the right to install any kind of software on the VPS/Dedicated server as long as it is legal and does not violate copyrights and does not violate the existing rules of copyright and allied rights under Russian, EU or US law as well ethics standards and rules of morality;

8.4. The Customer is obligated to ensure that all the uploaded content to the server is legal, does not violate copyrights and does not violate the existing rules of copyright and allied rights under Russian, EU or US law as well ethics standards and rules of morality;

8.5. By using the right given in the clause 8.3, the Customer is fully responsible for his/her public statements on his/her VPS/Dedicated server and actions against the Company or other users made in cynical or any other form unacceptable by ethics standards and rules of morality;

8.6. The Customer is not allowed to use non-existing return e-mail addresses, perform mailbombing, mail out SPAM, post SPAM to on-line communities like forums, guest books etc;

8.7. In the event when the Customer commits violations described in clauses 8.4.-8.6. of the present contract, the Company has the right to suspend Customer’s VPS/Dedicated server in accordance with clause 8.9. of the present agreement;

8.8. All questions concerning Client’s server performance can only be considered via the Ticket system of the Company in the order stated in the chapter 5 of the present contract. All the required data has to be specified when creating a ticket;

8.9. In the event when the Customer is not taking any measures to resolve an upcoming complaint described in clause 9.4. of the present contract, the Company and the Data-center of the Company has the right to suspend Client’s server without sending any additional notification;

8.10. The Customer is liable for any damage committed to the Company by using wrong BIOS settings resulted in equipment break down. In this case the Customer is obligated to compensate for the damage during the pre-trial or trial proceedings;

8.11. According to the terms and condition of the present contract the Customer is not allowed to assign IP addresses that were not delegated to the server by the Company.  Conversely the server is suspended automatically and a notification is send to the Customer via ticket-system;

8.12. Upon Client’s Dedicated server suspension for the reason of complaint (or absence of response for the complaint) and/or any other reasons of destructive actions (e.g. network scanning, DdoS-attack etc.) the Company has a right to demand a compensation in the amount of 20 EUR for every act of unsuspension, except the first one, during a calendar month.

8.13. It if forbidden for the Customer to provide any kind of DNS support services or domain parking services based on the DNS support service of FASTVPS Eesti OU Company. Cybersqatting is strictly forbidden;

8.14. Any kind of reselling of DNS support service of the Company FASTVPS Eesti OU (both the direct transmission of passwords, and indirectly, through API) is forbidden;

8.15. It is forbidden to use DNS support service of the Company FASTVPS Eesti OU  to direct domains to any kind of illegal web-sites that violate the existing rules of copyright and allied rights under Russian, EU or US law as well ethics standards and rules of morality;

8.16. The number of domains hosted on the DNS-servers of the Company for one account is limited to 100 domains. The limit may be increased up to 300 domains per account on the condition of providing  the Customer-side motivated technical demand;

9. The rights and obligations of the Company

9.1. The services of the Company are provided on the terms and conditions described in the present contract. The modification of the present contract occur in the manner described in chapter 23 “Contract modification and contract cancellation”

9.2. The Company is obligated to maintain adequate quality of host-nodes, eliminating any fault as soon as possible. Timely responses, customer complaints resolving and prompt reaction to fault signals are guaranteed.

9.3. All planned technical works are carried out from 21 pm to 9 am Moscow time, except for emergency and force majeure cases.

9.4. The Company is not liable to the Client for the wrongful acts of third parties, as a result of which Customer's confidential information may be disclosed or other actions committed resulting in damage to the equipment of the Company, stealing and/or damage of the Customer's data. The Company is not responsible for the inability to access services by the fault of third parties (e.g, Internet service providers), but the Company is taking all necessary and possible measures to redress the adverse consequences of such actions.

9.5. The Company has a right to suspend the services and Customer’s servers due to DDoS or network attacks, routine maintenance and force majeure cases;

9.6. The company is responsible for the access speed to the Customer's resources and the availability of the Client's resources only within the Data Center of the Company;

9.7. The Company is not responsible for the operation of the software installed on Company’s servers,  software purchased via Company’s billing-system included,  by the Customer, in accordance with clause 8.3. of the present contract;

9.8. The Company has a right to withdraw additional IP addresses unused by the Customer or in events when IP addresses are used for other purposes not specified in application form. The payment for the  installation and use of IP addresses is not refunded.

9.9. The Company has a right to change the Dedicated server’s hardware to similar in terms of capability or better, without notifying the Customer;

9.10. The Company is not responsible for court decisions and issued notarized documents regarding copyrights violation by the Customer regarding unlicensed content of any kind (text-based, graphic or video, excluding software);

9.11. Since the Data Center of the Company has its own Complaints Handling Department and independently decides the eligibility of claims of the Company’s Customer, the Company disclaims any liability to the Client for the actions of the Data Center for processing and responding to the complaint (blocking, deleting), and has the right to preventively block the Customer's services until the elimination of violations identified by Complaints Handling Department of the Data-center. The decisions made by the Complaint Handling Department of the Data-center can be appealed by the Customer directly to the Data-center. The Company is not responsible for the incompetence of making decisions and consequences of the Data-center regarding the Customer.

9.12 The Company reserves the right to suspend the provision of VPS services, immediately and without notice in the case of inbound or outbound DDoS-attacks that is hazard for the Company's equipment (starting from 20 000 pps).

9.13. The Company is entitled to charge additional fees other than those indicated on the website, including transactions related to unblocking a server / IP address of the Customer, blocked by the fault of the Customer.

9.14. The Company reserves the right to install special software on the Customer’s server required  for diagnose the state of the disk system and to prevent its failure. In this case, any confidential information except discs condition is not transmitted. Monitoring is carried out with the help of open source software. Also to diagnose hardware problems Linux Kernel Netconsole subsystem, that conveys messages about the state of the equipment to a remote server via a network, may be enabled.

9.15. The company has the right to refuse further cooperation with the Customer if, more than one complaint for hosting child pornography content on the Customer’s server was received within six months;

9.16 The Company reserves the right to suspend the provision of all free services on the Client's account (including DNS support) after the cancellation of all the basic hosting services (both virtual servers and dedicated);

9.17. Customer’s communication with the Company’s employees with the help of the ticket-system at the https://bill2fast.com or any other kind of Company’s information systems including but not limited to email, on-line chat, phone and/or VoIP is not subject for protection of personal data and may be freely used by the Company for purposes not contradicting the legislation (advertising included but not limited to), moral and ethical standards without the consent of the Customer only if the data, that allows to uniquely identify the Customer with the communication log used, will be excluded.

9.18. The Company has the right to access the Client's server without any prior consent in the following events:

- For urgent maintenance work, that will not affect the Customer’s data;

- If the Customer’s server causes an interference in the work of Company’s equipment;

9.19. The Customer and the Company shall agree that the request for technical support via ticket system of the Company gives the Company a right to access the Customer’s server and do the requested or required, from the Company’s perspective, works;

9.20. Customer agrees that works produced by Company’s employees on the Customer's server, can lead to partial or complete loss of data on the Customer’s server, the Customer’s server disruptions and/or other consequences that may adversely affect the operation of the Customer’s resources, his/her goodwill or possible profits. The Customer agrees that the Company may not be held liable for any damages that have occurred on the server after the work of employees of the Company. Customer agrees not to bring material and other claims against the Company in connection with this kind of events;

9.21. The Company reserves the right to make continuous automatic scanning on the Customer’s server in order to identify potentially dangerous for the Customer and the Company vulnerabilities and unwanted software/content, including, but not limited to, the detection of:

- opened ports on the server;

- viral or SPAM activity on the server;

- hazardous DDoS and DoS activity;

- increased server and software load

- prohibited content in accordance with chapter 11 of the present contract;

- any other similar events;

9.22. The company constantly monitors the load made by Customer’s server. In the case of the facts, when the virtual VPS / VDS server of the Customer creates an unreasonably increased load on the host-nodes, especially if it leads to a marked deterioration of the quality of services provided to other customers, the Company has the right to immediately suspend the Customer’s Server . If the cause of the excessive consumption of resources can not be eliminated, the Company can recommend the Customer to migrate to a Dedicated physical server (Dedicated server). In case of refusal, the Company reserves the right to terminate the services provided to the Customer and terminate this Contract due to the technical impossibility of continuing service provision. The Customer and the Company are agreed that the Company determines consumption of system resources of the Customer with the help of technical utilities of the Company.

9.23. The Company reserves the right to suspend the provision of DNS support services in case of complaints received regarding the Customer’s domains forwarded to the Company's DNS-servers.

10. Traffic supervision

10.1. Traffic supervision for VPS tariffs:

10.1.1. The Customer is obligated to supervise all traffic generated by his/her VPS independently. Traffic consumption can be monitored in the Billing-panel account (My Server – Server Settings). If required, the Customer may request traffic statistics on the basis of Company indicators at any time. It is considered that the only accurate traffic statistics in the statistics obtained from hardware complex of the Company and Data-center;

10.1.2. VPS traffic calculations are made each calendar month regardless of due date. The total VPS traffic consumption value is taken into account.

10.1.3. Internet connection speed for VPS: for EVO-SSD lines, ML-SSD, WHS - 100 Mbit/s; for EVO and FPS lines - 50 Mbit/s; for OVZ-OVZ-1 and 2 - 20 Mbit/s; OVZ-OVZ-3 and 4 - 25 Mbit/s; for OVZ-6 - 30 Mbit/s. For tariffs US-EVO-SSD - 50 Mbit/s, RU-EVO-2-SSD - 30 Mbit/s. Connection speed can be reduced in case of exceeding a monthly limit of free traffic on a VPS and/or violation of the rules of use of VPS, including in the case of placing high traffic generating projects on the VPS.

10.1.4. Free traffic limit per month for VPS: 1TB for EVO-1-SSD and EVO-2-SSD tariffs; 2TB on the EVO-4-SSD and EVO-6-SSD tariffs; 4TB on tariffs from the EVO-8-SSD to the EVO-12-SSD; 10 TB for tariff FPS and ML-SSD. For tariffs WHS: WHS-2 - 1 TB, WHS-4 - 2 TB, WHS-6 - 4 TB, WHS-10 - 6 TB. For tariffs US-EVO-START-SSD and US-EVO-1-SSD - 1 TB, US-EVO-2-SSD - 2TB, US-EVO-4-SSD - 4TB, RU-EVO-START-SSD and RU-EVO-2-SSD - 1 TB, RU-EVO-4-SSD and RU-EVO-6-SSD - 2TB.

10.1.5. Additional traffic for the VPS can be purchased at the price of 19.90 EURO 1 TB on a prepayment basis. Additional paid traffic is rounded up to terabytes, ie 2TB + 100 MB = 3TB, 2TB + 1.1 = TB 4 TB

10.1.6. Achieving VPS threshold limit (see clause 10.1.4) automatically confirms the Customer's consent to the payment of the additional 1 TB of traffic, which can be used during the current period paid.

10.1.7. If monthly limit of free traffic is exceeded, the Customer’s VPS connection speed is reduced to 1 Mbit / s. To remove the speed limit and make payment for consumed traffic over the free limit, the customer should contact the Customer Care Department. Without payment, VPS connection speed can not be restored, the subsequent period included.

10.1.8. The Company reserves the right to terminate the provision of VPS services immediately and without notice in the case of inbound or outbound DDoS-attacks that are hazardous to the Company's equipment.

10.1.9. If the connection speed of the VPS (on OVZ rates) exceeds 15.5 Mbit/s for 5 minutes or more, the Company has the right to suspend an account to find out the reason.

10.2. Traffic supervision for Dedicated server tariffs:

10.1.1. The Customer is obligated to supervise all traffic generated by his/her VPS independently. Traffic consumption can be monitored in the Billing-panel account (My Server – Server Settings). If required the Customer may request traffic statistics on the basis of Company indicators at any time. It is considered that the only accurate traffic statistics in the statistics obtained from hardware complex of the Company and Data-center;

10.2.3. Connection speed on dedicated servers: 200 Mbit/s guaranteed, port speed is 1 Gbit/sec. The minimum guaranteed connection speed for the SCP and FTP server protocol is not more than 200Kbit/s, maximum - no more than the total limit for this server.

10.2.4. Connection speed is reduced automatically to 10 Mbit/s in the case of exceeding a monthly limit of free traffic (see clause 10.2.5). The speed limit may be removed only with the consent of the transition to paid traffic and paying an invoice of 29.90 EUR + Fees for excessing of free traffic limit based on the value of EUR 1.99 for 1 TB of traffic.

10.2.5. Free traffic limit per month for Dedicated servers: 30 TB for payment worth up to 98 r.e .; 50 TB for the payment of the 99 EUR to 298 EUR and 100 TB for the tariff from 299 EUR

10.2.6. Additional traffic may for Dedicated servers can be purchased for the price of 1.99 EUR for 1TB

10.2.5. Free traffic limit per month for dedicated servers: 30tb for tariffs worth up to 98 r.e .; 50TB for the tariffs worth from 99 EUR to 298 EUR and 100TB for the tariff worth up 299 EUR

10.2.7. The Customer may switch to payed traffic system by sending a request to the Customer Care Department and pay an 29.90 EUR invoice + 1.99 EUR invoice for 1TB of traffic. The deposit has to be kept on the account all the time an may not be spend on service payments of the Company. The deposit is refunded upon Dedicated server lease expiry. If the payed traffic system is used, in case of exceeding free traffic limit, the port speed is maintained at 200Mbit/s for any amount of traffic.

10.2.8. Payment for additional traffic should be made no later than 3 days after the invoice date.

10.2.9. Additional paid traffic is rounded up to 1 TB, i.e., 2TB + 100MB = 3TB, 2TB + = 1.1 TB to 4 TB.

10.2.10. Traffic counting for dedicated servers is done for a calendar month, regardless of the payment date of the server. For dedicated servers the total amount of incoming and outgoing traffic is taken into account. Traffic within the internal network of the Data center is not included.

10.2.11 The Company and the Data-center have the right to suspended Client's servers in the event of incoming DDoS attack for the duration of DDoS attack.

10.2.12 In the event of server suspension by the cause of DDoS attack, traffic counting is carried out by the Data-center.

11. Prohibited content and software

11.1. It is prohibited to host porn sites on VPS and Dedicated servers as well as posting web links to porn sites, place advertisement containing erotic or pornographic content.

11.2. It is prohibited to host IRC services on VPS and Dedicated servers.

11.3. It prohibited to run spamming software, message submitting software, botnets, grabbing software, fishing software and any other software contrary to the legal work on the Internet.

11.4. It is prohibited to run torrent-clients and trackers (as well as any other p2p file sharing services), download-clients, DC++ clients and servers, file hosting services, file sharing services, stream-projects, video and photo sharing services and any other high traffic consumption services.

11.5. It is prohibited to run such services as open proxy, open VPN, open DNS resolver and any other services (including services with payed and private access), that can serve as aids for illegal actions on the Internet.

11.6. It is prohibited to run network scanners, proxy-checkers and any other software of this kind on VPS and Dedicated servers.

11.7. It is prohibited to install tor on VPS and Dedicated servers.

11.8. It is prohibited to use links to unlicensed software and content even if it is stored on Customer’s VPS.

11.9. Resources that violates the rules of copyright and allied rights under Russian, EU or US law as well as ethics standards and rules of morality must be deleted within 24 hours by the Customer after receiving a relevant a claim, otherwise the IP of the server will be blocked by the Data-center;

11.10. It is prohibited to run any kind of game services on VPS/VDS servers (FPS/EVO/OVZ/ML/WHS tariffs);

11.11. It is prohibited to run any kind of software related to cryptocurrency mining;

11.12. It is prohibited to use VPS and Dedicated servers for cardsharing;

11.13. It is prohibited to run any kind of gambling services (affiliate programs included) of VPS and Dedicated servers.

11.14. It is prohibited to use VPS and Dedicated servers for any kind of projects related to HYIP (affiliate programs included);

11.15. It is prohibited to use VPS as TDS (Traffic Distribution System);

11.16. It is prohibited to use VPS and Dedicated servers for running any kind of projects related to financial pyramids (or carrying any signs of, including, but not limited to projects like steam-lottery, csgo-jackpot websites etc.) and projects related to financial activities without having the appropriate licenses and permits.

11.17 It it prohibited to use VPS and Dedicated servers for running websites related to pharmaceutical subject without having the appropriate license for selling pharmaceutical goods;

11.18. It is prohibited to run any kind of spamming services on VPS/VDS (aggressive email marketing). The Company has a right to regulate mailing on VPS/VDS server.

11.19. It is prohibited to install any kind of the following software:

- doorways. It is a type of search engine spamming that sends one or a few search requests in order to get a rating place for a specific domain in search results which then redirect users for another website;

- doorgens. It is the type of software for automatic doorway generation.

- any other kind of software or websites used for search engines spamming.

11.20. It is prohibited to use any kind of content for deceiving or misinforming users. The Company reserves the right to deny service provision in the event of discovering of this kind of content is being used by a Customer.

12. Guaranteed service levels

12.1. The Company guarantees VPS-node availability on the 99% level per month;

12.2. Availability statistics is derived from our external analyzers and available for customers on demand.

12.3. In the event of violation of clause 12.1. each full day (24 hours) of VPS hosting node down-time is compensated at double rate of extra time of usage for the forthcoming period.

12.4. Guarantees described in clauses 12.1-12.3 do not apply to Dedicated server leasing.

13. Affiliate program, discount policy

13.1. The Company has the affiliate program which aims to give customers the ability to attract new customers for the Company and receive partnership rewards. The terms and conditions of the affiliate program are available at https://bill2fast.com/smartaffiliate/programs. Affiliate program applies to customers-individuals.

13.2. Creating additional accounts for one’s self (referral accounts) is not allowed. Affiliate program does not cover these kind of accounts.

13.3. Partnership rewards are payed in accordance with pricing schedule for each type of service and chosen payment options the list of which may be found in the personal area of the billing-panel at https://bill2fast.com/smartaffiliate/programs.

13.4. Partnership reward for a new attracted customer is credited to the partnership account within 30 days.

13.5. The reward can be withdrawn from the partnership account by demand of affiliate program participant to the Customer’s account of the billing-system, to WebMoney WME wallet with 9% fee (no less than 500 EUR and no more that 4900 EUR during a calendar month), or to bank account of the Customer with the following conditions: from 500 to 1000 EUR per month with 49 EUR fee, from 1000 to 4900 EUR fee per month with 9% fee from the total sum of withdraw.

13.6. All VPS tariffs can participate in the affiliate program except RU-EVO-SSD tariffs.

14. Substantial additions for OVZ, EVO, ML tariffs based on OpenVZ

14.1. Tariff change within  OVZ-OVZ, EVO-EVO or ML-ML can be done only on condition of payed invoice (if exists) for previous tariff and the difference between previous and new tariffs. In the event of tariff downgrade, funds leftover is transferred to the private account of the Customer in the billing-system.

14.2. It is prohibited to provide hosting services on EVO and ML tariffs.

15. Substantial additions for Dedicated servers

15.1. A request for an additional IP address shall be sent to Customer Care Department. The request shall specify the purpose of use of the additional IP address and the invoice for the additional IP address shall be payed. Afterwards the request is transferred to RIPE NCC. Usual response time for such request is 5 working days. RIPE NCC has the right to decline the request by the reason of misfit the given purpose with IPv4 Address Allocation and Assignment Policies for the RIPE NCC Service Region document. Up-to-date edition of this document can be found at www.ripe.net.

15.2. IP-KVM connection can be requested for the server by making a request to Technical Support Department. In some cases, if there are no available KVMs, IP-KVM request can be declined.

15.3. Free ISP Manager license activation and prolongation is only possible for main IP of the Dedicated server. It is not possible to activate a license for additional IP.

15.4. Connecting a KVM to the server and installing a user chosen OS can only be performed by the Company's employees for the price of 40 EUR. Commercial software installation requires licenses provision by the Customer.

15.5. Any kind of hardware upgrades and additional hardware installation is only possible in terms of monthly payed flexi-pack option. The cost of advanced setup is 15 EUR per month.

15.6. In the event when additional services (e.g. Windows license rental, flexi-pack and additional hardware) are canceled by the Customer after the prolongation invoice was issued, the Customer shall pay the invoice as it was issued including the price for additional options which are to be canceled.

15.7. The service of transferring a server to Client's  HETZNER Online AG billing account can only be performed in condition of compensation payment in the amount of 100% of setup fee according to the existing tariff specified at www.fastvps.ee. In case of absence of the setup fee for the applicable server configuration, the Customer is obligated to pay the full month fee in accordance with the applicable tariff. Only EX, PX, DELL server configurations can be transferred.

16. Substantial additions for FPS tariffs based on Paralles

16.1.  It is prohibited to provide hosting services on FPS tariffs.

16.2 Tariff change within FPS tariff line can be done only on condition of payed invoice (if exists) for a previous tariff and the difference between previous and new tariffs. In the event of tariff downgrade, funds leftover is transferred to the private account of the Customer in the billing-system.

17. SMS and email informing

17.1. Registration in the billing-system of the Company means automatic agreement with receiving email and SMS notifications including service offers from the Company.

17.2. Unsubscribing from email and SMS notification is only possible after a complete Customer’s account termination.

17.3. The Company is not responsible for not receiving any important email and SMS notifications by the Customer due to unreliability of this kind of information delivery system.

18. IPv4 and subnets dedication substantial conditions

18.1. Due to the complete exhaustion of the IPv4 address space, IP subnets dedication is not applicable for VPS/VDS and Dedicated servers. The necessity in additional IP addresses has to be confirmed before making an order. In the event when IP request is denied, the payment shall not be refunded.

19. Free technical support regulations

19.1. The company provides free technical support for operations listed below.

19.2. Common operations.

19.2.1. Operating system installing / reinstalling (if there is no need to mount the image). For OS Windows and FreeBSD an optimal partitioning is used.

19.2.2. Administrative / root password reset.

19.2.3. Adding and additional IP addresses to the server.

19.2.4. Timezone change.

19.2.5. RAID array building after hard drive replacement (also performed on FreeBSD).

19.2.6. Performing memory, hard drives and CPU tests. It is important to note that the tests might require long down-time depending on memory capacity. The required down-time for testing 16Gb of memory might take up to 16 hours.

19.2.7. Performing diagnostic works for  to determine the causes of websites and server

unserviceability.;

19.2.8. Default server check for presence of viruses by anti-virus software (clamav, maldet);

19.2.9. Installing Russian language support on Windows 2008, 2012.

19.2.10. General operations can only be performed on OS Debian Linux (6.x, 7.x), CentOS Linux (5.x, 6.x).

19.3. Installing / configuring software;

19.3.1. Control panels;

19.3.1.1. ISP Manager Lite server control panel under condition of purchasing a license from FASTVPS Company.

19.3.1.2 When using ISP Manager licenses that were purchased from the Company on third-party severs, the support is not provided by the company. Only free installation can be performed. Technical support can be purchased directly from the developer (ISP Systems)

19.3.1.3. Installation FastPanel control panel on VPS/VDS.

19.3.2. PHP extensions.

19.3.2.1. mod_fcgid installation (PHP as FastCGI. Installation can only performed with the condition of installed ISP Manager on Client’s server);

19.3.2.2. eAccelerator installation (web sites acceleration of the sites by caching PHP opcode);

19.3.2.3. IonCube installation (required for encrypted scripts);

19.3.2.4. Zend Guard Loader installation (required for encrypted scripts);

19.3.2.5. PHP modules installation from default repository (curl, gd2, imagick , iconv);

19.3.2.6. PHP reassembly for Bundled GD support (Debian only)

19.3.3. Other software

19.3.3.1. Nginx installation as reversed proxy to reduce the load on the server, speed up websites and static content serving (Installation can only performed with the condition of installed ISP Manager on Client’s server. Cache will not be configured)

19.3.3.2.  mod_rpaf, mod_rpaf 2 installation (Required when Nginx is used for proper registering IP addresses of visitors)

19.3.3.3. Java JDK/JRE installation.

19.3.3.4. Sphinx for MySQL installation (full text search system for Databases).

19.3.3.5. Memcached installation

19.3.3.6. OpenVPN installation (Debian only)

19.3.3.7. MySQL password recovery.

19.3.3.8. rkhunter installation (for root-kin detection)

19.3.3.9. Unless otherwise noted the installation only possible on OS Debian Linux and CentOS Linux (stable versions). Software installation is performed in the most technically optimal way. In case of major changes in the default configuration, an extra confirmation is required with the Customer via ticket-system.

19.3.3.10. The choice of software versions is based on technical practicability defined by Company's employee (versions from repository are in favor). All operations listed are performed after confirmation with technical support via ticket system. The most technically complicated tasks shall be solved on payed administration basis.

19.3.3.11. Free technical support service is not applicable to Customers who provide virtual hosting services with the help of Company’s virtual servers or reselling Company's servers.

19.3.3.12. The Company does not guarantee full operation of servers or sites after the work of system administration, due to the high complexity and the comprehensiveness of systems and the presence of factors beyond the control of the Company.

20. Handling complaints about servers located in Estonian data center

20.1 The Company reserves the right to terminate the provision of VPS services, immediately and without notice in the case of inbound or outbound DDoS-attacks that is hazard for the Company's equipment (starting from 20 000 pps).

20.2. It is prohibited to host the following content (the content must be deleted from the server within 24 hours after receiving a complaint, otherwise the Company reserves the right to block the IP of the Server):

-  porn sites as well as posting web links to porn sites, place advertisement containing erotic or pornographic content.

- IRC services

- SPAM, message submitting, botnets, grabbing, fishing and other software contrary to the legal work on the Internet.

- torrent-clients and trackers;

- open proxy, open VPN, open DNS resolving services (including payed or private access), contrary to the legal work on the Internet.

- network scanners, proxy-checkers and other similar software;

- host unlicensed content and links to it even if it is not stored on Customer’s server;

- any kind of cryptocurrency mining software (BitCoin etc.);

- cardsharing;

- gambling services, affiliate programs included;

- HYIP projects including affiliate programs, monitoring systems etc.;

- any kind of projects related to financial pyramids (or carrying any signs of, including, but not limited to projects like steam-lottery, csgo-jackpot websites etc.) and projects related to financial activities without having the appropriate licenses and permits.

20.3. Complaints about copyright infringement, defamation, intellectual property theft are accepted only in the case of providing confirming documents, or court decisions.

20.4. Content containing child pornography (as well as links to it even if it is not stored on Customer’s server) must be deleted from the Server within 3 hours after receiving a complaint, otherwise the Company reserves the right to block IP of the Server.

20.5. Maximum reaction time for incoming complain from CERT-EE (https://www.ria.ee/cert) is 4 hours, otherwise the Company reserves the right to block the IP address of the Server.

21. Substantial additions for Hewlett-Packard tariffs

21.1. Ready time for Dedicated server can take from 1 to 5 working days.

21.1.1. Unblocking the Server in event of DDoS attack is only possible after installing DDoS protection and change of IP address of the Server.

21.2. Exceeding 50TB traffic limit on Dedicated server for Hewlett-Packard tariffs leads to port speed decreasing to 100Mbit/s. This restriction is permanent and can only be removed in the case of the consent for payment for possible traffic exceeding based on the cost of 10 EUR per 1TB (in this case the port speed shall be kept on the level of 200Mbit/s for any amount of traffic).

21.3. If port speed limit is removed when 50TB limit was already exceeded, the Customer is obligated to pay for all traffic overconsumption in order to remove the limit.

21.4. Wherever a Dedicated Server service is suspended, the data stored on the server is kept for 3 days after the due date. After the end of 3 days after the due date the Company reserves a right to remove the data of the Customer including the data stored on the backup-server of the Customer and and lease the Dedicated Server again;

22. Liability of the parties, disputes resolution

22.1. In the case of contract breach caused by the Company, the Customer has the right to demand compensation for direct material damage inflicted on him/her by the breach.

22.2. In the case of contract breach caused by the Customer, described in clauses 8.4., 8.5 and 8.9. of the present contract, the Company has the right to demand compensation for the direct material damage inflicted on the Company by the breach.

22.3. Obligations breach by the reason of force majeure circumstances are considered excusable and not entail responsibility.

22.3. Force majeure circumstances are those kind of circumstances, occurred after contract conclusion by the parties (war, earthquake, flood, fire, hurricane, restrictions on activities of the authorities, strike, riots etc.) that makes implementation of the present Contract impossible.

22.5. Parties shall prolong performance time limit specified in the contract, respectively, for the duration of force majeure.

22.6. In case of force majeure circumstances last more that four months, both parties have the right to dissolve the contract. In this case, the expenses appeared during the present contracts performance are not refunded.

22.7. A party that did not notify the other party about force majeure circumstances within 10 days in writing will not have a right to refer to those circumstances.

22.8. All disputes existing between parties shall be settled by negotiation or correspondence. If disputes can not be resolved in this way, the disputes can be resolved in courts in accordance with the law of the State in the place of residence of the Client.

23. Contract modification and contract cancellation

The Company has the right to change conditions at discretion for tariffs listed in the price-list on home-page of the Company and in the present contract. The company also has the right to change other conditions at discretion if they are followed from legal acts, professional manner acts, common practice established between parties or by the cause of technical  or innovative development. Changes can be made in connection with the introduction of more specific business ethic of the parties to achieve the objective of this contract. The company notifies the Customer about all changes at the Company's web-page no later than one month before the changes introduction. Afterwards the changes are incorporated into the present contract.

23.2. The company is not obliged to notify the Customer in advance about changes if the Company reduces prices or introduce the Customer to other improvements.

23.3. In the event of disagreement with contract modification by the Customer, he/she may dissolve the contract and shall notify the Company about the decision within one month from the moment of publishing the changed conditions. If by the tacit expression of will the Customer accepts the changes, the contract comes fully into force.

23.4. Each party, as soon as possible, shall notify the other party about private data changes no later than 10 calendar days from the moment of the actual changes.

23.5. The Customer may cancel the contract without specifying the reason by notifying the Company in writing or by using the ticket-system no later than 7 calendar days. Cancellation of the contract does not release the Customer from duties occurred during the contract period.

23.6. The company has the right to cancel the contract for good reasons beyond the control of the company, and shall notify the Customer within two calendar months on its page www.fastvps.ee.

23.7.  The company has the right to cancel the contract without prior notification if the activity of the Company is limited in accordance with the law, regulations or contract.

23.8. In the events listed in clauses 22.6. and 22.7. the Company shall return the funds for unfulfilled obligations to the Customer.


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Registrikood: 12101479
НСО: EE101469919

Rakvere 8, 41532 Jõhvi
Ida-Virumaa, Eesti Vabariik

 

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