Terms of Service

1. Definitions

1.1.Public Offer, Terms of Service — an offer to conclude a hosting services agreement under the terms described in this document
1.2.Acceptance of the Offer — full acceptance of the terms of use by making an account in the personal area and agreeing with the terms during account registration
1.3.Company — Senko Digital Ltd (a registered company in the UK, registration number - 16200683) - provides hosting, domain registration and technical support services
1.4.Client — an individual or legal entity that has accepted the offer

2. General Provisions

2.1.Services are provided "as is." The Company reserves the right to amend the terms of use.
2.2.All changes take effect from the moment they are published on the official website.

3. Payment Procedure

3.1.All services are provided on a 100% prepayment basis.
3.2.Payments are made via the personal area, and must be in a currency convenient for the client from the options offered on the website.
3.3.If payment for services is not made, the provision of services will be suspended, and data will be deleted within 24 hours.

4. Refunds

4.1.Refunds are possible only for the unused period from the service order date.
4.2.Refunds are issued to the client's original payment method or to the personal area account.
4.3.The Company reserves the right to deny refunds in cases of violations or fraud.
4.4.The refund amount is reduced by payment system fees and Company losses (if any, e.g. if the client violates terms and causes IP addresses to be blacklisted).
4.5.The Company does not provide refunds for software licenses and domain names. These services are considered to be services of a digital nature and are not subject to refund.
4.6.For a successful refund, the Client must notify the Company of the reason for the refund. In cases beyond the Company's control or responsibility, refunds are not guaranteed and may only be made at the Company's discretion.

5. Client Rights and Obligations

5.1.The client takes full responsibility for the server and the software used on it.
5.2.The client may install and use any software that complies with EU and UK legislation.
5.3.The client must ensure the legality of hosted content and software.
5.4.In case of violations or complaints, the Company may terminate services without a refund.
5.5.The client must not use rented services for bulk email campaigns (spam), phishing, or other abusive activities.
5.6.In certain cases, bulk email campaigns may be allowed after agreement with the Company, but is not guaranteed. Details of the campaign and recipient consent must be provided.
5.7.The client has the right to migrate their game and virtual servers between tariff plans and physical servers within the Company's infrastructure.
5.8.The Client has the right to request the exclusion of their game server from hosting company's monitoring system by creating a corresponding support ticket.

6. Company Rights and Obligations

6.1.The Company undertakes to provide services within technical capabilities, but does not guarantee 100% uptime.
6.2.Compensation for unscheduled downtime is provided as a service extension at double the duration of the downtime, can also be tripled depending on the severity of downtime.
6.3.The Company is not responsible for the client's software or access issues caused by third parties.

7. Prohibited Content and Activities

7.1.The following content/activities are prohibited on our servers:
- Pornographic content, including but not limited to links to such materials.
- Content that violates EU and UK legislation or copyright laws.
- Software for creating botnets, phishing, cryptocurrency mining, or other illegal activities.
- Software for mass email campaigns (spam), except in cases approved by the company.
- Tools for network scanners, proxy checkers, and similar utilities.
- Mining cryptocurrency without explicit permission from the Company.
- Running high-intensity CPU tasks that significantly impact the Company's infrastructure.
- Running automated scraping operations that violate third-party terms of service.
- Hosting unauthorized streaming or content distribution services that violate media licensing agreements.
- Creating, distributing, or facilitating access to tools primarily designed for unlawful activities.
- Any other content/activities prohibited by applicable laws of the EU and the UK.
7.2.Illegal content is strictly prohibited and will result in account termination without a refund.
7.3.The Company reserves the right to edit the limits on the speed of resource consumption on the server, if the client does excessive load on the resources of their server, affecting other clients. This includes but is not limited to CPU, RAM, disk I/O, and network bandwidth usage that significantly exceeds reasonable usage patterns for the purchased tariff plan.
7.4.Using our services to host, operate, or facilitate access to darknet markets, Tor exit nodes, or similar services used primarily for anonymous access to illegal content or services is strictly prohibited and will result in immediate termination.

8. Network Usage Policy

8.1.Our network operates on a "Fair Usage" principle. Each service includes reasonable bandwidth allocation designed for normal business operations. This allocation is shared among all clients to ensure optimal performance and access for everyone.
8.2.The Company employs adaptive resource management technologies to maintain network integrity and performance. We reserve the right to implement traffic management measures, including but not limited to traffic shaping, prioritization, and temporary bandwidth adjustments.
8.3.Excessive or abusive bandwidth usage is defined as sustained high-volume data transfer that negatively impacts network performance for other clients or threatens the integrity of our infrastructure.
8.4.In cases of excessive usage, the Company may: (1) temporarily adjust bandwidth allocation, (2) prioritize traffic types, (3) request the Client to modify their usage patterns, or (4) recommend upgrading to a more suitable tariff plan.

9. Service Termination

This section outlines the conditions under which services may be terminated by either party, the notice requirements, and the consequences of termination.
9.1.The Company reserves the right to terminate services immediately and without a refund if the Client:
- Provides fraudulent information during registration or payment
- Uses our services to host harmful or malicious content
- Uses our services to host or distribute illegal content or for illegal activities
- Performs unauthorized mass mailing (spam) operations
- Engages in abusive or hateful conduct towards support staff or other clients
- Violates the rights of others, including but not limited to intellectual property rights
- Uses services in a way that disrupts or threatens the stability of our infrastructure
9.2.The Company must cooperate with law enforcement agencies and regulatory authorities if required by law, or by authorities request.
9.3.The Client may terminate services at any time by submitting a request through the Client's personal area or by contacting support. A refund may be provided only for the remainder of the service's period.
9.4.For violations that do not pose immediate security risks or legal concerns, the Company will make reasonable efforts to provide a notice before service termination. However, the Company reserves the right to terminate services without notice in severe cases.
9.5.Upon service termination, all Client data will be held for 7 days before permanent deletion. The Client is responsible for backing up all necessary data before termination. Data retrieval after termination may incur additional fees.
9.6.Accounts terminated due to violation of these Terms may be reinstated at the Company's sole discretion, subject to review, additional verification requirements, and possibly reinstatement fees.

10. Data Protection and Privacy

10.1.The Company processes Client's personal data in accordance with applicable data protection laws, including the UK GDPR and EU GDPR. All data processing is conducted in accordance with our Privacy Policy, which is incorporated by reference into these Terms.
10.2.We process Client data on the legal bases of contract performance (to provide our services), legal obligation (to comply with laws), legitimate interests (to improve and secure our services), and consent (where specifically requested).
10.3.Client Data Rights:
- Right to access personal data we hold about you
- Right to correct inaccurate or incomplete personal data
- Right to request deletion of your personal data (subject to legal requirements)
- Right to restrict processing of your personal data
- Right to receive your data in a machine-readable format
- Right to object to processing based on legitimate interests
10.4.The Company implements appropriate technical and organizational measures to protect Client data, including encryption, access controls, regular security assessments, and employee training. However, no internet transmission is completely secure, and we cannot guarantee absolute security.
10.5.We retain Client data for as long as necessary to provide our services and comply with legal obligations. Account information is retained for up to 7 years after account closure for tax, legal, and regulatory purposes.
10.6.The Company may engage third-party data processors to assist in providing services. All subprocessors are bound by data protection agreements that require them to implement appropriate security measures and process data only as instructed.
10.7.Client data may be transferred to countries outside the UK and EEA. For such transfers, we implement appropriate safeguards such as Standard Contractual Clauses or rely on adequacy decisions to ensure adequate data protection.

11. Applicable Laws

As a UK-registered company operating servers in Germany, our services are subject to both UK and EU laws. This includes:
11.1.UK laws governing company operations, data protection (UK GDPR), and consumer rights
11.2.EU laws applicable to our technical infrastructure and data processing operations in Germany
11.3.In case of legal disputes, UK laws take precedence for company-related matters, while EU laws apply to infrastructure-related issues.

12. Service Level Agreement (SLA)

12.1.We strive to ensure service availability at 99.2% per month, excluding scheduled maintenance.
12.2.For service interruptions due to the Company's fault, the Client is entitled to compensation in accordance with the SLA policy.
12.3.Technical support is available 24/7 through the ticket system, most responses are provided within 15 minutes depending on the severity of the question.
12.4.Scheduled maintenance windows are excluded from downtime calculations and will be announced in advance, compensation may be provided at Company's discretion.

13. Liability of Parties

13.1.The Company is not liable for damages caused by server malfunctions or other technical issues.
13.2.The Company is not liable for damages resulted from the Client's breach of terms of use.
13.3.The Company does not take any responsibility for local or regional restrictions on the use of our services imposed by third parties, including but not limited to internet provider restrictions, protocol restrictions, IP address restrictions. The Company might be able to offer an IP replacement, when possible, but it is not guaranteed.
13.4.The Client takes full responsibility for the hosted content and software.
13.5.If the Client causes damages or losses to the Company, they must compensate all incurred losses.
13.6.The Company may be held liable for direct damages caused by gross negligence or willful misconduct.
13.7.The Company is not liable for indirect, consequential, or incidental damages, including but not limited to loss of profits, business interruption, or data loss.
13.8.Total liability is limited to the amount paid by the Client for services in the previous 12 months.
13.9.The Company specifically disclaims all liability for any loss of data, regardless of cause. Clients are solely responsible for maintaining backups of their data.
13.10.The Company is not liable for damages caused by third-party services, software, or hardware used in conjunction with our services, including but not limited to software vulnerabilities, malware, or hardware failures.
13.11.While the Company strives to maintain service availability as specified in the SLA, we do not guarantee continuous, uninterrupted access to services and disclaim liability for downtime caused by factors beyond our control.
13.12.The Company implements reasonable security measures, but does not guarantee complete security. The Client acknowledges the inherent risks of internet-based services and that absolute security cannot be assured.
13.13.The Company bears no responsibility for the Client's applications, websites, or other content hosted on our infrastructure. The Client is solely responsible for ensuring their applications are secure, properly configured, and compliant with applicable laws.

14. Service Plan Modifications

14.1.Plan upgrades are processed automatically and require only the payment of the price difference for the remaining period of the current subscription.
14.2.Changes are typically implemented within minutes of confirmed payment.
14.3.No prior notice is required for upgrades as they are processed immediately upon request.

15. Data Backup Responsibilities

15.1.The Client takes full responsibility for backing up their data. This includes all content, databases, files, configurations, and any other information stored on the Company's infrastructure.
15.2.The Company is not liable for any data loss, regardless of cause, including but not limited to hardware failure, software errors, misconfigurations, security breaches, or third-party actions.
15.3.We strongly recommend maintaining regular backups of all critical data in multiple locations separate from the primary hosting environment.
15.4.While we may assist with data recovery when possible, successful recovery cannot be guaranteed.
15.5.For optimal data protection, the Client should implement a regular backup schedule appropriate to the criticality of their data. Critical systems may require daily or even more frequent backups.
15.6.The Client should regularly verify that backups are complete and functional by testing restoration procedures.
15.7.For maximum protection, the Client should maintain backups in multiple locations, including at least one off-site storage location separate from the hosting environment.
15.8.The Company recommends implementing automated backup solutions rather than relying on manual processes, which are more prone to human error.
15.9.The Client should develop and follow a clear retention policy for backups, determining how long different types of data should be preserved based on operational needs and legal requirements.

16. Fraud Prevention and Security

16.1.We reserve the right to verify payment information and refuse service if fraud is suspected.
16.2.Access via TOR network is permitted with valid email verification.
16.3.Creation of multiple accounts by the same user is prohibited and will result in immediate account termination.
16.4.Accounts are monitored for patterns of abuse or fraudulent behavior.
16.5.Violation of these terms may result in immediate service termination without refund.

17. Intellectual Property Rights

17.1.All content, trademarks, logos, software, and services provided by the Company are the exclusive property of the Company or its licensors and are protected by copyright, trademark, and other intellectual property laws.
17.2.The Client retains all rights to their own content hosted on our servers. By uploading content, the Client grants the Company a limited license to store and process such content as necessary to provide the contracted services.
17.3.The Company grants the Client a limited, non-exclusive, non-transferable license to use our services and software for the duration of the service agreement, subject to these Terms of Service.
17.4.The Client may not reverse engineer, decompile, modify, reproduce, distribute, or create derivative works based on the Company's software, services, or intellectual property without explicit written permission.

18. Force Majeure

18.1.Neither party shall be liable for any failure or delay in performance of its obligations under this Agreement to the extent such failure or delay is caused by circumstances beyond its reasonable control.
18.2.Such events include but are not limited to: natural disasters, acts of government, war, terrorism, riots, power failures, internet service provider or datacenter failures, DDoS attacks, hardware failures, third-party service failures, pandemic or public health emergencies, and civil unrest.
18.3.During a Force Majeure event, the Company will make reasonable efforts to maintain service availability and data integrity, but cannot guarantee full performance. SLA obligations are suspended during such events.
18.4.The Company will make reasonable efforts to notify Clients of Force Majeure events affecting services and provide updates on recovery timelines when available.
18.5.If a Force Majeure event continues for more than 30 consecutive days, either party may terminate the agreement with written notice, with pro-rated refunds for prepaid services not delivered.

19. Dispute Resolution

19.1.Prior to initiating any formal dispute process, the Client agrees to first contact the Company directly to seek an informal resolution of any dispute, and both parties shall make good faith efforts to resolve such issues through direct communication.
19.2.Any dispute not resolved informally shall be resolved through binding arbitration in London, UK, according to the rules of the London Court of International Arbitration (LCIA), by a single arbitrator appointed in accordance with said rules.
19.3.This Agreement shall be governed by and construed in accordance with the laws of England, without regard to its conflict of law principles. For technical infrastructure located in Germany, applicable EU regulations will be additionally considered.
19.4.The Client waives any right to participate in class actions, class-wide arbitration, or representative actions. All disputes must be resolved on an individual basis.
19.5.Notwithstanding the above, either party may seek relief in a small claims court for disputes within the jurisdictional limits of such court.
19.6.The costs of arbitration shall be borne equally by both parties, except that each party shall bear its own legal fees and expenses unless the arbitrator determines that one party's position was frivolous or unreasonable, in which case that party shall bear all costs.

20. Final Provisions

20.1.The Company reserves the right to amend the terms of this offer. Changes take effect from the moment they are published on the Company's official website.
20.2.This offer and any disputes arising from it are governed by the laws of the United Kingdom.
20.3.In case disputes are not resolved through this offer, the parties shall seek resolution through negotiations. If no agreement is reached, disputes shall be resolved in court under UK law.
20.4.The English version of the document is the authoritative version and takes precedence over other language versions.