Terms of Service
Euronic Oy, with headquarters at Käsityökäiskatu 4 a, Turku, Finland, hereinafter “Supercloud” agrees to provide services to the Subscriber, subject to the following Terms of Service.
1. Term & Jurisdiction
The term of this agreement shall begin on the date that Supercloud generates an email message to the Subscriber stating the service is now active and will continue until terminated by either Supercloud or the Subscriber.
The Subscriber agrees explicitly that Supercloud will activate the service in receipt of cleared payment and that service will commence without delay. If the Subscriber has applied for a post-payment credit account, Supercloud will reserve the right to check the Subscriber’s credit information and at their discretion, either commence the service or reject the application.
This agreement will renew automatically for a term of one month at the beginning of each calendar month unless Supercloud or the Subscriber provides the other with written notice of non-renewal at least thirty (30) days prior to the expiration of the current term.
The Terms of Service and the relationship between the Subscriber and Supercloud shall be governed by the laws of Finland and the European Union, without regard to its conﬂict of law provisions. The Subscriber and Supercloud agree to submit to the personal and exclusive jurisdiction of the courts located in Finland.
2. Subscriber Duties
In order to use Supercloud services, the Subscriber is required to provide current and factual identification, contact and other information as part of the registration process. The Subscriber is responsible for the confidentiality of their account information and solely responsible for all content and Data within their account.
3a. Acceptable Use of Network and System Resources
Deployed servers on Public Cloud, include a set amount of outbound data transfer, based on the service level agreed upon by the Subscriber and Supercloud.
Supercloud reserves the right to charge Subscribers exceeding their allocated data transfer quota for the amount exceeded at the current rate. If Supercloud deems that the Subscriber’s use of network resources can be harmful to other customers or Supercloud, they reserve the right to limit the resources available to the Subscriber without notice.
3b. Spam and UCE
b. Spam and UCE
Supercloud has a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that Subscribers to Supercloud may not use or permit others to use our network to transact in spam messages. Subscribers to Supercloud may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Violation of Supercloud’s SPAM policy will result in severe penalties – Upon notification of an alleged violation of our SPAM policy, Supercloud will initiate an immediate investigation (within 12-24 hours of notification). During the investigation, Supercloud may restrict Subscriber access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Supercloud may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, Supercloud reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Supercloud will notify law enforcement officials if the violation is believed to be a criminal offense.
Supercloud reserves the right to charge the Subscriber for spam related violations due to costs which may be enforced on us by data carriers or data center administration fines.
As our resellers are ultimately responsible for the actions of their clients over the Supercloud network, it is advisable that resellers develop a similar, or stricter, policy for their clients. Our Subscriber are solely responsible for the use of their hosting account at all times.
3c. Prohibited Content
c. Prohibited Content
Threatening, abusive, harassing, defamatory statements.
- Promotion of illegal activities (info on hacking, cracking etc).
- Information, instructions, links, etc containing malicious code.
- Hate speech or hate propaganda.
- Scripts or systems that cause server performance issues.
- Misrepresentation of member’s identity, or impersonation.
- Collection of personal information for illegal purposes.
- Collection of personal information without users permission.
- Content that is deemed by Supercloud, in its sole discretion, to be harmful to Supercloud.
- Solicitation or sale of any harmful/illegal products or service
Supercloud does not tolerate abusive, threatening or inappropriate behavior towards its staff or agents. The Subscriber’s account can be suspended or terminated without warning for any such behavior
Subscriber agrees to indemnify and hold harmless Supercloud, Supercloud’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable legal fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Subscribers services in violation of applicable law or the AUP by Subscriber or any person using Subscriber’s log on information, regardless of whether such person has been authorized to use the services by Subscriber.
5. Disclaimer of Warranties
Supercloud does not warrant or represent that the services will be uninterupted, error-free, or completely secure. To the extent permitted by applicable law Supercloud disclaims any and all warranties including the implied warranties of merchantability, fitness for a particular purpose, and non infringement. To the extent permitted by applicable law, all services are provided on an “as is” basis.
6. Limitation of Liability
In no event will Supercloud, its suppliers, or third parties mentioned on this site be liable for any special, indirect or consequential or any damages whatsoever (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this site, any web sites linked to this site, or the materials or information contained at any or all such sites, or in connection with the use or performance of software or of failure to provide services, whether based on warranty, contract, tort, negligence or any other legal theory and whether or not advised of the possibility of such damages.
7. Law Enforcement Information
The Supercloud terms specifically prohibits the use of our service for illegal activities. Therefore, Subscribers agree that the company may disclose any and all the account holders information including assigned IP numbers, account history, account use, etc. to any member of Finnish Police who makes a written request, without further consent or notification to the Subscriber. In addition Supercloud shall have the right to terminate all service set forth in this Agreement.
8. Uptime Guarantee
Supercloud provides a 100% Uptime Guarantee on all Supercloud Hardware and on Network Connectivity. In any given month, if the Subscriber’s server is ofﬂine due to a Supercloud unscheduled hardware failure, or an unscheduled failure of the Supercloud network for more than 0.01% of the time (4 minutes), they may request a pro-rata credit for the down time. Specific exclusions exist where the Supercloud network is working normally, but upstream issues, such as a Datacentre or Carrier failure or DDOS is impacting customer routes to the cloud. Planned maintenance announced on the Supercloud website or via direct communication to the Subscriber is not covered by this guarantee.
9. Support & Services
Supercloud provides comprehensive 24/7/365 technical support to all subscribers via our Ticketing System (available via Email). Some general guidelines and terms are:
- Supercloud supports fully any issue related to the Supercloud virtual server physically functioning
- Supercloud does not offer technical support for application specific issues, such as configuration, programming, web or mail server configuration or any such issue
- Supercloud does not provide technical support to the Subscriber’s customers or users
- The use of all Supercloud services is at the Subscriber’s own risk
- Supercloud backups are not guaranteed or validated in any way
- The Subscriber agrees to take full responsibility for all files and data in their account
- The Subscriber agrees to maintain an appropriate backup of files and data stored on the Supercloud systems
10. Invoicing and Payment
- The Subscriber agrees that Supercloud shall be permitted to charge their credit card on a monthly or other agreed upon basis in advance of providing services.
- Payment is due on invoicing unless cancellation is requested.
- Any payments not made within 7 days of due date will have the associated service suspended without further notice, other than Preconfigured environments, which will be suspended 72 hours after due date.
- Any suspended service will be terminated and destroyed after 15 days suspended without further notice.
- The Subscriber is aware that Supercloud may prospectively change the specified rates and charges from time to time.
- The Subscriber is responsible for any additional Bank fees, interest charges, finance charges, overdraft charges or any other fees resulting from charges billed by Supercloud.
- Payments to Supercloud are always to be made in Euro currency.
- Up and Downgrading service within the Subscriber’s billing cycle will result in Pro-Rata charges and credits on the Subscriber’s account. Pro-rata credits are only possible where the Subscriber retains at least one service and are not refundable in the event of service or account cancellation.
- Once service has commenced, the Subscriber agrees that the minimum term of service applies and no refunds will be provided.
- When an account becomes overdue Supercloud reserves the right to suspend active and paid-for services until such time outstanding unpaid invoices are settled.
- All Microsoft OS servers deployed on our clouds must conform with the Microsoft Service Provider License Agreement. As such, any Windows server the Subscriber deploys will automatically be licensed and added to their account within 48 hours of deployment.
11. Suspension and Cancellation
- Supercloud reserve the right to suspend network access to any Subscriber if, in the sole judgement of Supercloud, the Subscribers server is the source or target of a violation of any of the other terms of service or the Subscribers account is in arrears of one month or more, or for any other reason which Supercloud chooses. Supercloud will use all reasonable care in notifying the Subscriber and in resolving the issue in a method ensuring the minimum service interference.
- Continued and repeated violations of the terms of service will result in termination without refund. Prior notification is not assured.
- Subscribers may cancel service at any time using the ‘Request Cancellation’ links in their GUI, which is under the ‘Update subscription’ page for each service. Account cancellation requests can not be accepted by email, ticket or chat. Accounts are cancelled upon confirmation with the Subscriber by Ticket. Cancellation of a service does not relieve the Subscriber of responsibility for the payment of all accrued charges. Accounts can not be confirmed Cancelled until all due invoices have been settled. Non confirmation of the cancelation may result in charges continuing to be levied.
The Subscriber agrees that Supercloud may provide them with notices, including those relating to changes to the Terms of Service by Email and/or postings on Supercloud systems and services.
The Subscriber agrees that Supercloud may, from time to time and at it’s sole discretion, need to impact single Virtual Machine uptime due to essential maintenance, and where possible, aim to provide 48 hours notice of any impact of more than 1 hour.
2. Types of Information Collected
We retain two types of information:
a. Personal Data
This is data that identifies you or can be used to identify or contact you and may include your name, address, email address, telephone number and billing information.
b. Non-Personal Data
Like most websites, we gather statistical and other analytical information collected on an aggregate basis of all visitors to our website. This Non-Personal Data comprises information that cannot be used to identify or contact you, such as demographic information, browser types and other anonymous statistical data involving the use of our website.
3. Purposes for which we hold your Information
We use the Non-Personal Data gathered from visitors to our website in an aggregate form to get a better understanding of where our visitors come from and to help us better design and organise our website.
We will process any Personal Data you provide to us for the following purposes:
- to provide you with the goods or services you have ordered
- to contact you if required in connection with your order or to respond to any communications you might send to us
- to keep you informed of updates to our services
4. Disclosure of Information to Third Parties
We may provide Non-Personal Data to third parties, where such information is combined with similar information of other users of our website. For example, we might inform third parties regarding the number of unique users who visit our website, the demographic breakdown of our community users of our website, or the activities that visitors to our website engage in while on our website. The third parties to whom we may provide this information may include commercial partners, sponsors, licensees, researchers and other similar parties.
We will not disclose your Personal Data to third parties unless you have consented to this disclosure or unless the third party is required to fulfil your order (in such circumstances, the third party is bound by similar data protection requirements). We will disclose your Personal Data if we believe in good faith that we are required to disclose it in order to comply with any applicable law, a summons, a search warrant, a court or regulatory order, or other statutory requirement.
5. Sale of Business
Your Personal Data is held on secure servers hosted by Supercloud. The nature of the Internet is such that we cannot completely guarantee or warrant the security of any information you transmit to us via the Internet. No data transmission over the Internet can be guaranteed to be fully 100% secure. However, we will take all reasonable steps (including appropriate technical and organisational measures) to protect your Personal Data at all times.
7. Updating, Verifying and Deleting Personal Data
You may inform us of any changes in your Personal Data, and in accordance with our obligations under the EU Data Protection Directive we will update or delete your Personal Data accordingly. To find out what Personal Data we hold on you or to have your Personal Data updated, amended or removed from our database, please email us at firstname.lastname@example.org. Any such data subject requests may be subject to the prescribed fee.