Terms of Use

This Terms of Use (this “Terms”) is entered into by and between WEBRAIN OÜ, registered address Harju maakond, Tallinn, Kesklinna linnaosa, Tuukri tn 19-315, 10120, Estonia (“Company”) and you, and is made effective as of the date of your use of this website (“Site”) or the date of electronic acceptance. This Terms sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services. Whether you are simply browsing or using this Site or purchase Services, your use of this Site and your electronic acceptance of this Terms signifies that you have read, understand, acknowledge and agree to be bound by this Terms, along with the following policies, including Privacy Policy and the applicable product Terms, which are incorporated herein by reference below.

The terms “we”, “us” or “our” shall refer to Company. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Terms, has access to your account or uses the Services. Nothing in this Terms shall be deemed to confer any third-party rights or benefits. Company may, in its sole and absolute discretion, change or modify this Terms, and any policies or terms which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Terms as last revised. If you do not agree to be bound by this Terms as last revised, do not use (or continue to use) this Site or the Services. In addition, Company may occasionally notify you of changes or modifications to this Terms by email. It is therefore very important that you keep your shopper account (“Account”) information current. Company assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.

The Services are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to the Services by anyone under eighteen (18) is unauthorized and in violation of this Terms. By registering for or using the Services, you represent and warrant that you are eighteen (18) years of age or older.

If you use the Services on behalf of another party, company or other organization, you represent and warrant that you are authorized to bind such party, company or organization to this Terms and to act on behalf of such party, company or organization with respect to any actions you take in connection with the Services.

You agree to provide accurate, current and complete information about you and your organization (if applicable) as prompted by the registration forms, maintain the confidentiality of your password and other information related to the security of your account; maintain and promptly update the Registration Data and any other information you provide to Company, to keep such information accurate, current and complete, and be fully responsible for all use of your account and for any actions that take place through your account.

You acknowledge and accept that despite the security measures Company takes in connection with the Services, Company’s system and/or Subscriber Websites (as defined below) may nonetheless become compromised, including without limitation, by hackers, Internet viruses, worms or Trojan horses, or the like. Under such circumstances, Company may take corrective action as it deems appropriate in its sole discretion and you acknowledge and agree that Company shall have no liability to you for any damage or loss that you may incur due to such corrective action.

Company reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our system operations and security teams. It is your responsibility to ensure that there is a valid email address and current root password on file for your dedicated server to prevent downtime from forced password resets. Company reserves the right to audit servers as needed and to perform administrative actions at the request of our teams.

Except for Subscriber Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, "Company Content"), are the property of Company or its licensors. No Company Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Terms. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Company Content. Any use of the Company Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to your use of the Services and the Company Content granted herein. All rights of Company or its licensors that are not expressly granted in this Terms are reserved to Company and its licensors.

You may be able to upload, store, publish, display and distribute information, text, photos, videos, emails, and other content on or through the Services (collectively, “Subscriber Content”). Subscriber Content includes any content posted by you and users of any of your websites hosted through the Services (“Subscriber Websites”). You are solely responsible for any and all Subscriber Content and any transactions or other activities conducted on or through Subscriber Websites. By posting or distributing Subscriber Content on or through the Services, you represent and warrant to Company that you have all necessary rights to post or distribute such Subscriber Content, and your posting or distribution of such Subscriber Content does not infringe or violate the rights of any third party.

You acknowledge and agree that Company may, but is not obligated to, monitor Subscriber Content and may immediately take any corrective action in Company’s sole discretion, including without limitation removal of all or a portion of the Subscriber Content, and suspension or termination of any and all Services without refund of any pre-paid fees. You hereby agree that Company shall have no liability due to any corrective action that Company may take, including without limitation suspension or termination of Services.

ou hereby grant to Company, to the extent necessary to provide the Services, a non-exclusive, royalty-free, worldwide right and license to use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute Subscriber Content and the Subscriber Website; and make archival or back-up copies of the Subscriber Content and the Subscriber Website. Except for the rights expressly granted above, Company is not acquiring any right, title or interest in or to the Subscriber Content, all of which shall remain solely with you.

Company complies with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of your data and billing information. However, you are solely responsible for the security of the data and billing information you collect on your Subscriber Website. Company will not monitor Subscriber Websites for compliance and therefore we are not able to verify whether your Subscriber Website complies with the PCI Standard.

You agree to comply with all applicable laws, rules, and regulations, including without limitation all local rules where you reside or your organization is located regarding User Content, User Websites, online activities, email and your use of the Services. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United Kingdom or the country in which you reside. The Services are controlled and operated by us from our offices within the United Kingdom (although we may share data with third parties around the world to assist us in providing the Services as further described in our Privacy Policy) and we make no representation that the Services are appropriate or available for use in other locations. Those who access the Services from other locations do so at their own initiative and risk, and are fully responsible for compliance with all applicable laws in those locations. We do not offer the Services where prohibited by law.

For the purposes of European Directive 95/46/EC, the General Data Protection Regulation 2016/679) (“GDPR”) and any applicable national implementing laws in your jurisdiction, and with respect to your subscribers’ or customers’ personal data, you acknowledge and agree that you are the Controller (as that term is defined in the GDPR), and we are a Processor (as that term is defined in the GDPR) insofar as you may store personal data through your use of our Services only as permitted and subject to the terms of this Terms. You also acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law (including the GDPR).

To the extent the GDPR applies to you, you represent and warrant that in using our Services, you will clearly describe in writing how you plan to use any personal data collected and you will ensure you have a legitimate legal basis to transfer such personal data to us and that you have the necessary permission to allow us to receive and process (e.g., store) such personal data on your behalf. The additional data processing terms set forth in Privacy Terms shall apply where you are a Controller subject to the GDPR.

You will be solely responsible for all activities conducted on or through a Subscriber Website, including any transactions or interactions with end users of a Subscriber Website. You will be solely responsible for providing such end users with any required disclosure or explanation of the various features of the Subscriber Website and any goods or services offered thereon, as well as any terms of use and privacy policy for the Subscriber Website.

You will cooperate fully with Company in connection with Company's provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for you to use the Services. Delays in your performance of your obligations under this Terms will extend the time for Company's performance of its obligations that depend on your performance.

You will be solely responsible for ensuring that all Subscriber Content and Subscriber Websites are compatible with the hardware and software used by Company to provide the Services, which hardware and software may be changed by Company from time to time in its sole discretion.

You will use your best efforts to ensure that the Subscriber Content is and will at all times remain free of all computer viruses, worms, Trojan horses and other malicious code.

engages in or promotes illegal activity;

engages in or promotes behavior that is defamatory, harassing, abusive or otherwise objectionable;

infringes the intellectual property rights or other proprietary rights of any third party;

violates the privacy rights or publicity rights of any third party;

interferes with the operation of the Services; or

violates the terms and conditions of this Terms or any of the policies or Terms incorporated by reference herein.

The Services may contain links to other websites that are not owned or controlled by Company ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties ("Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Services or any Third Party Content posted on or made available through the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of the Third Party Sites or the Third Party Content. If you decide to access the Third Party Sites or to access or use any Third Party Content, you do so at your own risk and our terms and policies do not apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate.

Fees Due. You will pay to Company all fees for the Services set forth in the registration form presented to you at the time you order the Services. All fees are non-refundable when paid except as otherwise provided herein.

US servers must be paid 15 days before the end of the lease term, upon invoicing. If you are unable to pay for the service on time - create a ticket and notify us. In the event of the invoice is not paid, we reserve the right to issue a refusal from further renewal in the data center.

VPS and DE, UA, NL3 servers must be paid before the lease expiration date. If you are unable to pay for the service on time - create a ticket and notify us and we will provide you with a delay.

Invoices for services are issued 15 days before the end of the rental period and are paid automatically if there are enough funds on the balance sheet. The invoice must be paid by the date indicated on the invoice.

In case of non-payment, we suspend the operation of your servers / VPS in the following terms:

shutdown of servers US1, US2 - on the day of the end of the lease, we recommend that you monitor the timely payment, since in case of late payment it will be impossible to restore the server

shutdown of servers DE, NL3 - after 72 hours, deletion if necessary after 24 hours after shutdown

shutdown VPS - after 3 days, deletion (without the possibility of recovery) after 30 days or earlier, if there is a need to release resources

The penalty for late payment of the invoice - 10% of the cost of the server or VPS is charged after 15 days of delay.

We do not use a recurring payment system on our website.

In case of suspension the provisioning of the Services due to non-payment, delay in payment, payment is due on all days when the provision of the Services was suspended.

Company may change our prices from time to time. Company may increase the fees for the Services as permitted in the applicable Service description published on the Company website or in a promotional offer (collectively, the “Service Description”), and at any time on or after the expiration of the Initial Term by providing at least thirty (30) days prior written notice to you. Written notice may be in the form of notices and updates provided through the Subscriber billing tool provided as part of the Services, notices and updates otherwise provided through the Services, or pricing notifications for renewal terms sent via email. It is your sole responsibility to periodically review all billing-related information provided by Company through the Subscriber billing tool or other methods of communications and notices sent or posted by Company.

The advertised fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services provided hereunder. All such taxes may be added to Company's invoices for the fees as separate charges to be paid by you.

If you purchase certain add-on services from Company such as Domain Privacy, SSL certificates, or security services, you may be required to apply the Service to a specific domain name to begin using the Service. Company is not responsible if you fail to apply an add-on to a domain name and will not provide refunds for any purchased but unused Services.

You have ninety (90) days to dispute any charge or payment processed by Company. If you initiate a chargeback, there may be a minimum charge plus applicable taxes to reactivate your account and we reserve the right to suspend your account for the duration of the dispute. Hosting accounts that have an open dispute may be disabled for security purposes.

It is a violation of this Terms for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. We may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government and law enforcement authorities, credit reporting services, financial institutions, and credit card companies.