This policy represents the Terms of Service of SERVERBIKE LTD in its entirety and supersedes all other written or oral policies. This policy defines the terms of service that all SERVERBIKE LTD customers accept when they sign up for any of SERVERBIKE LTD website hosting services. SERVERBIKE LTD reserves the exclusive right to change, modify or revise any part of this Terms of Service policy at any time, with or without written notice to our customers. Customers using any service offered by SERVERBIKE LTD acknowledge that they are obliged to comply with all policies in these Terms of Service and that they must comply with them or otherwise deactivate and cancel the web hosting service with SERVERBIKE LTD.
ServerBike has the sole discretion to decide on any violation by any SERVERBIKE LTD customer and may initiate legal action against any customer deemed to be in violation of these terms, including cancellation of any customer’s services without refund and/or legal prosecution if deemed appropriate.
General Provisions
In return for ServerBike LTD holding one or more accounts (each “Account”), as a customer of ServerBike LTD, you agree to the following terms of service.
Definitions
“We” “Us” or “Provider” or ServerBike LTD” ServerBike.com.
“You” “Your” “Your” “Client” “Customer” “Client” or “Member” – each person or entity who applies for the Internet Service or who is designated by anyone who applies for the Internet Service.
Warranty Refusal
Internet and website hosting relies on a complex network of hardware, software, network services and information providers. Due to the need for all these providers and service companies to function properly, not all services may always be available to you.
However, ServerBike LTD offers %99,9 uptime guarantee. This applies only to ServerBike servers and our primary co-located internet connection. ServerBike will partner with all available tier 1 resources and channels to maintain maximum uptime, however ServerBike is not responsible for any provider’s downtime due to hardware or network failure beyond ServerBike’s ability to directly correct. ServerBike clients are diverse and websites and the function of those websites are diverse and ServerBike shall not be held responsible for any service interruption due to client error, including but not limited to spamming, being the target of a DDOS attack or any other internet or cyber attack.
ServerBike LTD MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES IT PROVIDES (INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE). Neither ServerBike nor anyone else involved in providing the Service shall be liable to you or any third party for any direct or indirect damages arising out of the use or inability to use the services provided hereunder, whether caused by ServerBike’s negligence or otherwise, even if ServerBike has been advised of the possibility of such damages.
Limitation of Liability
You agree to indemnify, defend and hold harmless ServerBike LTD and its affiliates, directors, officers, employees and agents from and against any liability, loss, damage or cost, including reasonable attorneys’ fees, arising out of any third-party claim, suit, dispute, or claim relating to your use of the Services, your violation of any provision of this Agreement, or the placement or transmission of any material or content on ServerBike’s servers. Such liabilities may include, but are not limited to, those arising from: (a) in connection with your business, (i) infringement or misappropriation of intellectual property rights; (ii) defamation, libel, slander, slander, obscenity, pornography or invasion of privacy or publicity rights; or (iii) spamming or any offensive, harassing or illegal conduct or violation of the acceptable uses or anti-spam policy described herein; (b) any damage or destruction to ServerBike. equipment or other account holders resulting from the acts or omissions of you, your agent(s) or designee(s), or otherwise causing damage; (c) any personal injury or property damage resulting from your activities related to the Services, unless such injury or property damage is caused solely by ServerBike’s gross negligence or willful misconduct; and (d) any other damage to your equipment or business.
Compensation
You agree to indemnify, defend and hold harmless ServerBike LTD and its affiliates, directors, officers, employees and agents from and against any liability, loss, damage or cost, including reasonable attorneys’ fees, arising out of any third-party claim, suit, dispute, or claim relating to your use of the Services, your violation of any provision of this Agreement, or the placement or transmission of any material or content on ServerBike servers. Such liabilities may include, but are not limited to, those arising from: (a) in connection with your business, (i) infringement or misappropriation of intellectual property rights; (ii) defamation, libel, slander, slander, obscenity, pornography or invasion of privacy or publicity rights; or (iii) spamming or any offensive, harassing or illegal conduct or violation of the acceptable uses or anti-spam policy described herein; (b) any damage or destruction to ServerBike. equipment or other account holders resulting from the acts or omissions of you, your agent(s) or designee(s), or otherwise causing damage; (c) any personal injury or property damage resulting from your activities related to the Services, unless such injury or property damage is caused solely by ServerBike’s gross negligence or willful misconduct; and (d) any other damage to your equipment or business.
Services Provided by ServerBike LTD
ServerBike LTD will provide Internet server rental (“Service”) to its members for the purpose of allowing customers to provide http Internet content to the general public. The Service allows ServerBike members to manage Internet websites, obtain and maintain e-mail accounts, and access web space via FTP to upload files to their websites. ServerBike members will use the Services in accordance with all applicable laws. ServerBike provides the Services on an exclusive basis and makes no effort to regulate, control, monitor or restrict data content except as necessary to provide such Services. ServerBike reserves the right to refuse service to potential and/or existing customers in order to protect its existing paying customers. If any of the following violations are committed, ServerBike may terminate the customer’s account without notice.
ServerBike LTD – ServerBike.com provides timely website hosting support to our customers via emails, chat and phones. By accepting your customer agreement contract with ServerBike.com. You agree not to misuse verbally or physically or in person, via email, live chat or telephone or otherwise (a) through any customer of ServerBike.com and any employee or contractor of ServerBike.com.
a. Customer Content :
The customer agrees that the web pages and files uploaded to the servers will not violate any state, national or foreign laws or regulations; violate the intellectual property rights ofServerBike LTD or any third party; be defamatory, libelous or trade libel; be threatening or harassing; be discriminatory on the basis of gender, race, age; promote hatred; or contain viruses or other computer programming defects that may harm ServerBike or any third party. Clients may not run IRC, bots or clients. Clients may not use ServerBike servers for file storage unrelated to the client’s website, storage is only for active website file pages.
ServerBike LTD , ServerBike’s shared hosting account holders cannot act as a reseller, which means that customers cannot host any website on non-customer-owned domains, add-on domains that are registered with ServerBike. You will need to sign up for our reseller hosting service. Unacceptable uses also include: Bulk spam, unsolicited emails, spam, newsgroup spam, child pornography, hardcore pornography or links to such sites, copyrighted MP3, copyrighted music, copyrighted video, illegal content, copyright infringement, trademark infringement, warez, crack, software serial numbers, proxy(s) and image/file sharing websites.
The provided MS SQL remote connection interface will be used for the purpose of remotely managing your MS SQL database and NOT for the purpose of using our MS SQL for remote SQL storage for other sites/applications – violation of this rule will result in account suspension. ServerBike will be the sole and final arbiter of what constitutes a violation of this policy. ServerBike does not normally monitor the content of client servers, but in case of doubt, ServerBike reserves the right to investigate and terminate clients’ service subscription.
b. Unlimited Features:
What do you mean by “unlimited disk space and bandwidth/data transfer”?
For plans marked “unlimited”, we don’t limit the disk space and bandwidth (data transfer) we provide. We want you to have the resources to build a great online presence.
While we want you to succeed, we need to make sure that we provide the optimum service to all our customers. Therefore, we require all our customers to fully comply with our Over-Sourcing User Policy/Terms of Service and to use disk space and bandwidth relevant to the normal operation of a personal or small business website.
If a customer’s hosting account is found to be in violation of the customer content, over-sourcing user policy and/or storing files for archival purposes, the content will be removed and while we make our best efforts to contact customers in advance, it may happen without notice.
c. Extreme Resource User Policy :
Resources are defined as bandwidth, memory and/or processor usage. ServerBike offers a shared web hosting service where media customers can share resources with other customers. Therefore, it is imperative for ServerBike to control excessive usage by customers so that other customers using the same resources do not degrade the quality of service. A website is considered to be using an “Excessive amount of resources” when it monopolizes available resources by using 60TP1T3T8 or more of the system resources for more than 3 seconds. There are numerous issues that can cause such problems, including but not limited to the following: Scripts, FTP, HTTP, etc. Any site that exceeds the account bandwidth limit is also considered an “excessive resource” user. In case of resource overuse, ServerBike can act in the following way: If over-utilization may cause interruption of service to another customer, ServerBike may suspend that customer’s account before notifying that customer, ServerBike may also contact the ‘over-utilization. ‘ before the customer takes any action if ServerBike considers that the overuse will not affect another customer’s service. Customer suspensions prior to notification by ServerBike are rare and only applied in extreme cases and are intended to prevent abuse of our servers. An “over-resourced” customer may be asked to upgrade their package to one of our dedicated server packages to reduce excessive usage in the future. ServerBike will be the sole and final arbiter of what constitutes a violation of this policy.
d. No “spam”:
UCE/UBE or “Spam” originating from a server located on our network or associated with a ServerBike server is not allowed. This includes any email sent from an email address that promotes websites hosted on a server located on the ServerBike network but is not associated with that ServerBike account. Customer shall not use ServerBike’s services for any use of chain letters, junk mail, bulk email or distribution lists to any person who has not given specific permission to engage in such process. ServerBike reserves the right to disable or terminate any account(s) upon any indication of such activity without notice.
e. Extreme Abuses :
ServerBike allows 3rd party scripts to be uploaded/installed to your web hosting account from our auto-installer or manually (scripts included/not included in the auto-installer). It is the responsibility of our web hosting customers to maintain the latest free exploit version of the scripts. If a script that our web hosting customers have uploaded to our servers is found to have expired security and allows a third party to “hack”, “exploit”, “deface” their site, it is the responsibility of our customers to either remove their site, remove this script or ServerBike.com reserves the right to terminate the account of these customers and provide them with a pro-rata refund.
f. Misinformation:
Customer agrees not to submit false or inaccurate information to newsgroups in violation of newsgroup rules and regulations. If any newsgroup or service provider contacts ServerBike regarding unethical, inaccurate or illegal activity by you, ServerBike reserves the right to suspend or terminate your service with or without notice.
g. Licensed Software Only :
Customer agrees to use only properly licensed third party software in connection with the use of the Services.
h. Backup files :
ServerBike provides the tools needed to create backups of account data. It is the customer’s responsibility to maintain up-to-date archives of their backed up data. ServerBike is not responsible for any loss of data.
Payment Obligations
Full payment in advance is required before the hosting service is set up. ServerBike will send invoices due each pay period. You will be given fifteen (10) days to pay the invoice in full.
You warrant and represent that the information you provide in the Order Form (or such other information as ServerBike may require) is true and accurate. All payment-payment notices will be sent by e-mail. No invoices or bills will be sent by post or fax. If payment has not been made by the due date, your account will be suspended. It is the customer’s responsibility to ensure that payment to ServerBike is made prior to the renewal date, and although ServerBike sends renewal notices to our customers prior to the renewal date, due to the fact that a customer may change their contact email address without notifying ServerBike, Customer is ultimately responsible for remembering the renewal date and ensuring that payment is made upon renewal.
Renewals
Your account will automatically renew under the same term and fee structure unless you notify ServerBike in writing thirty (15) days prior to the renewal date that you do not wish to renew or make changes to your account. For accounts that use coupons to reduce the cost of registering with ServerBike for their initial purchase, such coupons are only eligible for the initial purchase and initial activation of the customers account and the coupon does not apply to the renewal of customer accounts.
In addition, any additional services you may purchase from ServerBike are non-refundable, for example, an additional domain name we may purchase for a customer is non-refundable and a dedicated IP we may set up for a customer for a fee is non-refundable.
Website files are the responsibility of the ServerBike customer, and if a ServerBike customer decides to cancel their service, it is the customer’s responsibility to make sure they back up and download their website files and emails from the ServerBike server before requesting ServerBike to cancel their account. ServerBike will cancel their account. Once a cancellation request is sent to ServerBike, cancellation of the website hosting service may occur at any time after the request is received by ServerBike, and once a cancellation request is completed, the customer’s hosting account and website files on ServerBike will be permanently removed. ServerBike servers. Therefore, it is again the client’s obligation to ensure that he/she has downloaded the website files and any emails from the server prior to the cancellation request.
Service Level Agreement “SLA”
ServerBike offers its customers a 99.9% network uptime guarantee for customer satisfaction and also to keep your business running smoothly. ServerBike will endeavor to maintain maximum uptime. ServerBike is not responsible for client-caused downtime.
SERVERBIKE LTD PRODUCT RETURN AGREEMENT
“Serverbike” / “SERVERBIKE” / “SERVERBIKE LTD” operating as a service provider on the electronic environment and the person who receives service, orders, receives support and has all his activities provided by the service provider will be referred to as “Service Receiver and CUSTOMER” in the continuation of the contract.
1- SUBJECT OF THE CONTRACT
The content of this contract is the application of the service customer regarding the termination of the use, cancellation and return of the products purchased by the service customer.
2- VALIDITY PERIOD OF THE CONTRACT
ServerBike LTD offers the opportunity to return within 3 business days in the services it provides. A maximum of 3 days must pass from the date of product purchase. The return contract cannot be utilized for expired product purchases.
3- SERVICES FOR WHICH REFUND IS INVALID
Domain Name
SSL Certificate
Licenses that do not belong to us
The above products and services and elements are declared by Serverbike to be outside the scope of returnability.
The CUSTOMER, who specifies the balance or return form as the balance loaded on the system for the purchase of products and services, cannot request Serverbike to return it in cash.
4- SERVICES FOR WHICH REFUND IS VALID
VPS
HOSTING
RESELLER
4.1-
THE CONCEPT OF CONDITION WITH RESPECT TO THE ELEMENTS FOR WHICH THE RETURN IS VALID
ServerBike LTD technical support service, Network problem, Server The elements other than the problem are trying to get a refund by giving up after the CUSTOMER cannot have Serverbike, giving up for no reason, the program does not work in the first stage and does not work in the next stages and the service of its own elements is terminated. Such applications cause the refund to be invalidated.
4.2- FORMS OF RETURN OF OTHER ELEMENTS TO WHICH THE RETURN IS VALID
ServerBike LTD provides Web hosting, Reseller services within 3 business days in the possibility of return. A maximum of 3 days must pass from the date of product purchase. The return contract cannot be utilized for expired product purchases.
THE PRODUCT RETURN AGREEMENT HAS ENTERED INTO FORCE WITH THE APPROVAL OF THE CONTENT OF THE SERVICE AGREEMENT READ BY THE CUSTOMER DURING THE PURCHASE OF THE PRODUCT BY THE CUSTOMER AND DECLARED TO BE ACCEPTED BY THE CUSTOMER.