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Service Agreement

This document represents the Terms of Service (“Agreement”) for SERVERBIKE LTD in its entirety and supersedes all prior written or oral agreements. This Agreement defines the terms and conditions that all customers of SERVERBIKE LTD (“Customer,” “You”) accept when signing up for any of our services. SERVERBIKE LTD reserves the exclusive right to change, modify, or revise any part of this Agreement at any time, with or without prior notice. Your continued use of our services constitutes your acceptance of the revised terms. It is your responsibility to review this Agreement periodically for changes.

SERVERBIKE LTD retains the sole discretion to determine any violation of this Agreement. We may take corrective action, including but not limited to the immediate suspension or termination of your services without a refund, and may pursue legal action if deemed necessary.

1. Definitions

  • “We,” “Us,” “Our,” “Provider,” or “SERVERBIKE LTD”: Refers to SERVERBIKE LTD and its website, Serverbike.com.

  • “You,” “Your,” “Client,” or “Customer”: Refers to the individual or entity who applies for, opens an account, or uses our services.

  • “Services”: Refers to any product or service provided by SERVERBIKE LTD, including but not limited to web hosting, Virtual Private Servers (VPS), and Dedicated Servers.

2. Customer Obligations and Acceptable Use Policy (AUP)

You agree to use our Services in a manner consistent with all applicable local, state, national, and international laws and regulations.

a. Customer Content: You agree that any web pages, files, or data uploaded to our servers will not:

  • Violate any law or regulation.

  • Infringe upon the intellectual property rights of any third party.

  • Be defamatory, libelous, threatening, or harassing.

  • Be discriminatory based on gender, race, age, or promote hate speech.

  • Contain viruses, malware, or any other harmful computer code.

  • Be used for file storage unrelated to your active website(s). Services are not to be used for archival purposes.

b. Prohibited Uses: The following activities are strictly prohibited:

  • Hosting or linking to any form of child pornography or explicit adult content.

  • Hosting copyrighted material, including MP3s, music, or videos, without proper authorization (copyright infringement).

  • Warez, software cracks, or serial numbers.

  • Operating public proxies, IRC bots, or clients.

  • Bulk spam, unsolicited email (UCE/UBE), or newsgroup spamming.

  • Using a shared hosting account as a reseller platform. To resell hosting, you must purchase a Reseller Hosting plan.

  • Using the provided MS SQL remote connection for any purpose other than managing your database. It cannot be used as remote storage for external applications.

SERVERBIKE LTD is the sole arbiter of what constitutes a violation of this policy. While we do not actively monitor content, we reserve the right to investigate any potential violation and suspend or terminate services.

c. Resource Usage Policy (Shared & Reseller Hosting):

  • “Unlimited” Features: For plans advertised as “unlimited,” we do not set arbitrary limits on disk space or bandwidth. However, these resources must be used in the context of the normal operation of a personal or small business website. Accounts found to be using the service primarily for file sharing, archival storage, or in violation of our AUP will be subject to review and potential suspension.

  • Excessive Resource Use: Resources are defined as CPU, memory (RAM), and I/O. A hosting account is considered to be using an “Excessive Amount of Resources” when it utilizes a significant portion of system resources (e.g., over 25% of a CPU core for more than 90 seconds) and negatively impacts other customers on the same server. If your account is found to be overusing resources, we may temporarily suspend it to maintain server stability and will contact you to upgrade to a more suitable plan (such as a VPS or Dedicated Server).

d. Security and Backups:

  • Customer Responsibility: You are responsible for maintaining the security of your account, including keeping all scripts, themes, and plugins updated to their latest versions. If your account is compromised due to a vulnerable or outdated script, we reserve the right to suspend or terminate the account to protect our network.

  • Backup Files: While SERVERBIKE LTD may perform courtesy backups, you are solely responsible for creating and maintaining your own backups. We provide tools to assist with this process. SERVERBIKE LTD is not liable for any loss of data.

3. Dedicated Server Policies

a. Fair Usage Policy (FUP) for Network Port – Turkey Locations

This policy is critical and applies to all Dedicated Server plans located in Turkey that include a shared network uplink (e.g., 1 Gbps or 10 Gbps).

  • Policy: All dedicated server plans in our Turkey data center operate under a Fair Usage Policy (FUP) for the shared network port. The provided bandwidth is shared among multiple users.

  • Condition: This policy addresses customers who consistently or permanently saturate their network port, especially during peak traffic hours. Such usage patterns degrade network quality for other customers on the same infrastructure.

  • Requirement: Any customer whose usage is deemed unfair and disruptive to the network is required to upgrade to a dedicated, unmetered network port at an additional cost.

  • Consequence: If a customer is notified of a violation of this FUP and fails to purchase a dedicated port, SERVERBIKE LTD will limit (throttle) the customer’s port speed to a lower, sustainable rate. This action will be taken to ensure network stability for all customers and is not subject to a refund.

4. Payment, Renewal, and Cancellation

  • Payment: Full payment is required in advance before any service is activated. Invoices are generated prior to the renewal date and sent via email. You have ten (10) days from the invoice date to complete the payment. Failure to pay on time will result in the suspension and, eventually, termination of your account.

  • Renewals: Your account will automatically renew under the same term and fee structure unless you submit a cancellation request at least fifteen (15) days before the renewal date. Promotional coupons are valid only for the initial purchase term and do not apply to renewals.

  • Cancellation: To cancel your service, you must submit a formal cancellation request through our client area. It is your responsibility to back up all your data (website files, emails, databases) before submitting a cancellation request. Once the request is processed, all data associated with the account will be permanently deleted from our servers.

5. Refund Policy

SERVERBIKE LTD offers a three (3) business day money-back guarantee on specific new service purchases.

  • Refundable Services (within 3 days of purchase):

    • Shared Web Hosting

    • Reseller Hosting

    • Virtual Private Servers (VPS)

  • Non-Refundable Services:

    • Dedicated Servers

    • Domain Name Registration/Transfer/Renewal

    • SSL Certificates

    • Software Licenses (e.g., cPanel, Plesk, LiteSpeed)

    • Service Add-ons (e.g., Dedicated IPs)

    • Funds added to your account balance.

  • Conditions: The money-back guarantee is void if the customer has violated any term within this Agreement, including the Acceptable Use Policy. Refunds are only issued for technical issues or failures originating from SERVERBIKE LTD’s infrastructure. We will not issue refunds for customer errors, changing your mind, or software/script incompatibilities.

6. Disclaimer of Warranties

SERVERBIKE LTD provides its services “as is.” We make no warranties of any kind, whether express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the services will be uninterrupted, error-free, or completely secure.

7. Limitation of Liability

In no event shall SERVERBIKE LTD, its directors, employees, or agents be liable to you or any third party for any direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use our services, even if we have been advised of the possibility of such damages.

8. Indemnification

You agree to indemnify, defend, and hold harmless SERVERBIKE LTD, its directors, officers, employees, and agents from and against any and all claims, liabilities, losses, damages, or costs, including reasonable attorneys’ fees, arising out of or related to your use of the Services, your violation of this Agreement, or your placement or transmission of any material on our servers.

9. Service Level Agreement (SLA)

SERVERBIKE LTD offers a 99.9% network uptime guarantee. This guarantee applies to the network connectivity and server hardware managed by us. It does not cover downtime caused by:

  • Scheduled maintenance.

  • Customer error, scripts, or activities (e.g., being the target of a DDoS attack).

  • Failures of third-party providers beyond our control.

  • Violations of this Terms of Service agreement.