TERMS OF CALIBERSERVERS.

THESE TERMS GOVERN THE USE OF CALIBERSERVERS, AND, ANY OTHER RELATED AGREEMENT OR LEGAL RELATIONSHIP WITH THE OWNER IN A LEGALLY BINDING WAY. CAPITALIZED WORDS ARE DEFINED IN THE RELEVANT DEDICATED SECTION OF THIS DOCUMENT.


THE USER MUST READ THIS DOCUMENT VERY CAREFULLY.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ORDERING ANY SERVICES FROM OUR WEBSITE. YOU SHOULD UNDERSTAND THAT BY ORDERING ANY OF OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

PLEASE UNDERSTAND THAT IF YOU REFUSE TO ACCEPT THESE TERMS, YOU WILL NOT BE ABLE TO ORDER ANY SERVICES FROM OUR WEBSITE.

NOTHING IN THESE TERMS CREATES ANY RELATIONSHIP OF EMPLOYMENT, AGENCY, OR PARTNERSHIP BETWEEN THE INVOLVED PARTIES.

CALIBERSERVERS IS PROVIDED BY:

CALIBERSERVERS OWNED BY NIKO CATARINO AND REGISTERED IN PORTUGAL, GUIMARÃES.

OWNER CONTACT EMAIL: ADMIN@CALIBERSERVERS.COM

"CALIBERSERVERS" REFERS TO THIS WEBSITE, INCLUDING ITS SUBDOMAINS AND ANY OTHER WEBSITE THROUGH WHICH THE OWNER MAKES ITS SERVICE AVAILABLE;

APPLICATIONS FOR MOBILE, TABLET AND OTHER SMART DEVICE SYSTEMS;
THE APPLICATION PROGRAM INTERFACES (API);
THE SERVICE;
ANY APPLICATIONS, SAMPLE AND CONTENT FILES, SOURCE CODE, SCRIPTS, INSTRUCTION SETS OR SOFTWARE INCLUDED AS PART OF THE SERVICE, AS WELL AS ANY RELATED DOCUMENTATION;

THE FOLLOWING DOCUMENTS ARE INCORPORATED BY REFERENCE INTO THESE TERMS: SERVICE LEVEL AGREEMENT.

WE DO NOT OWN DATA CENTERS OR A NETWORK. WE DO COLOCATION PLEASE READ MORE ABOUT COLOCATION HERE.


WHAT THE USER SHOULD KNOW AT A GLANCE.

CALIBERSERVERS USES AUTOMATIC RENEWAL FOR PRODUCT SUBSCRIPTIONS. INFORMATION ABOUT THE A) RENEWAL PERIOD, B) TERMINATION DETAILS AND C) TERMINATION NOTICE CAN BE FOUND IN THE RELEVANT SECTION OF THESE TERMS.

THE RIGHT OF WITHDRAWAL ONLY APPLIES TO EUROPEAN CONSUMERS. THE RIGHT OF WITHDRAWAL, ALSO COMMONLY CALLED THE RIGHT OF CANCELLATION IN THE UK, IS CONSISTENTLY REFERRED TO AS “THE RIGHT OF WITHDRAWAL” WITHIN THIS DOCUMENT.

PLEASE NOTE THAT SOME PROVISIONS IN THESE TERMS MAY ONLY APPLY TO CERTAIN CATEGORIES OF USERS. IN PARTICULAR, CERTAIN PROVISIONS MAY ONLY APPLY TO CONSUMERS OR TO THOSE USERS THAT DO NOT QUALIFY AS CONSUMERS. SUCH LIMITATIONS ARE ALWAYS EXPLICITLY MENTIONED WITHIN EACH AFFECTED CLAUSE. IN THE ABSENCE OF ANY SUCH MENTION, CLAUSES APPLY TO ALL USERS.


USAGE OF CALIBERSERVERS AND THE SERVICE IS AGE RESTRICTED.

TO ACCESS AND USE CALIBERSERVERS AND ITS SERVICE THE USER MUST BE AN ADULT UNDER APPLICABLE LAW.
MINORS MAY ACCESS CALIBERSERVERS AND USE ITS SERVICE ONLY UNDER PARENTAL OR ADULT SUPERVISION.


YOUR STATUS.

BY PLACING AN ORDER THROUGH OUR WEBSITE, YOU WARRANT THAT:

YOU ARE LEGALLY CAPABLE OF ENTERING INTO BINDING CONTRACTS.

IF YOU ARE ACTING ON BEHALF OF A COMPANY OR OTHER BUSINESS, YOU FURTHER WARRANT THAT YOU PERSONALLY HAVE THE AUTHORITY TO BIND THAT COMPANY OR BUSINESS ON WHOSE BEHALF YOU ARE PLACING AN ORDER.


THE ORDER PROCESS.

YOU CAN ONLY PLACE AN ORDER FOR THE SERVICES ONCE YOU HAVE SUCCESSFULLY REGISTERED AN ACCOUNT WITH US. AN ACCOUNT WILL BE AUTOMATICALLY REGISTERED FROM THE DETAILS YOU SUPPLY WHEN CREATING YOUR FIRST ORDER WITH US. INFORMATION THAT YOU PROVIDE WHILE REGISTERING AN ACCOUNT WITH US MUST BE COMPLETE AND ACCURATE. YOU AGREE THAT WE MAY BLOCK ACCESS TO YOUR ACCOUNT AND THE SERVICES WE SUPPLY IF WE REASONABLY BELIEVE THAT THE INFORMATION YOU HAVE SUPPLIED IS INACCURATE. YOU MUST KEEP YOUR USER NAME AND PASSWORD SECRET AT ALL TIMES AND NOT ALLOW ANYONE ELSE TO USE IT. YOU MUST CONTACT US IMMEDIATELY IF YOU BELIEVE YOUR USER NAME AND PASSWORD HAS BECOME KNOWN TO SOMEONE ELSE.

YOU WILL ONLY BE ALLOWED TO SUBMIT AN ORDER ONCE YOU HAVE REGISTERED A PAYMENT METHOD ON YOUR ACCOUNT.

YOU CAN VIEW COPIES OF THE INVOICES WE HAVE SENT YOU AND DETAILS OF WHAT YOU HAVE PURCHASED FROM OUR WEBSITE BY LOGGING INTO YOUR ACCOUNT.


HOW THE CONTRACT IS FORMED BETWEEN YOU AND US.

AFTER PLACING AN ORDER, YOU WILL RECEIVE AN E-MAIL FROM US ACCEPTING YOUR ORDER AND, IF APPROPRIATE, LETTING YOU KNOW THAT THE SERVICE YOU HAVE PURCHASED HAS BEEN ACTIVATED (“ACCEPTANCE CONFIRMATION”). YOUR ORDER CONSTITUTES AN OFFER TO US TO BUY OUR SERVICES AND ALL ORDERS ARE SUBJECT TO ACCEPTANCE BY US. THE CONTRACT BETWEEN US (“CONTRACT”) WILL ONLY BE FORMED WHEN WE SEND YOU THE ACCEPTANCE CONFIRMATION. WE MAY ALSO DECLINE YOUR ORDER FOR THE SERVICES FOR ANY REASON, IN WHICH CASE WE WILL TELL YOU SO.


OUR STATUS.

WE MAY PROVIDE LINKS ON OUR SITE TO THE WEBSITES OF OTHER COMPANIES, WHETHER AFFILIATED WITH US OR NOT. WE CANNOT GIVE ANY UNDERTAKING THAT PRODUCTS OR SERVICES YOU PURCHASE FROM COMPANIES TO WHOSE WEBSITE WE HAVE PROVIDED A LINK ON OUR WEBSITE WILL BE OF SATISFACTORY QUALITY, AND ANY SUCH WARRANTIES ARE DISCLAIMED BY US ABSOLUTELY. THIS DISCLAIMER DOES NOT AFFECT YOUR STATUTORY RIGHTS AGAINST THE THIRD PARTY SELLER.


ACCESSING OUR SITE.

ACCESS TO OUR SITE IS PERMITTED ON A TEMPORARY BASIS, AND WE RESERVE THE RIGHT TO WITHDRAW OR AMEND THE SERVICES WE PROVIDE ON OUR SITE WITHOUT NOTICE (SEE BELOW). WE WILL NOT BE LIABLE IF FOR ANY REASON OUR SITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD.

FROM TIME TO TIME, WE MAY RESTRICT ACCESS TO SOME PARTS OF OUR SITE, OR OUR ENTIRE SITE, TO USERS WHO HAVE REGISTERED WITH US.

IF YOU CHOOSE, OR YOU ARE PROVIDED WITH, A USER IDENTIFICATION CODE, PASSWORD OR ANY OTHER PIECE OF INFORMATION AS PART OF OUR SECURITY PROCEDURES, YOU MUST TREAT SUCH INFORMATION AS CONFIDENTIAL, AND YOU MUST NOT DISCLOSE IT TO ANY THIRD PARTY. WE HAVE THE RIGHT TO DISABLE ANY USER IDENTIFICATION CODE OR PASSWORD, WHETHER CHOSEN BY YOU OR ALLOCATED BY US, AT ANY TIME, IF IN OUR OPINION YOU HAVE FAILED TO COMPLY WITH ANY OF THE PROVISIONS OF THESE TERMS OF USE.


INTELLECTUAL PROPERTY RIGHTS.

WE ARE THE OWNER OR THE LICENSEE OF ALL INTELLECTUAL PROPERTY RIGHTS IN OUR SITE, AND IN THE MATERIAL PUBLISHED ON IT. THOSE WORKS ARE PROTECTED BY COPYRIGHT LAWS AND TREATIES AROUND THE WORLD. ALL SUCH RIGHTS ARE RESERVED.

YOU MAY PRINT OFF ONE COPY, AND MAY DOWNLOAD EXTRACTS, OF ANY PAGE(S) FROM OUR SITE FOR YOUR PERSONAL REFERENCE AND YOU MAY DRAW THE ATTENTION OF OTHERS WITHIN YOUR ORGANISATION TO MATERIAL POSTED ON OUR SITE.

YOU MUST NOT MODIFY THE PAPER OR DIGITAL COPIES OF ANY MATERIALS YOU HAVE PRINTED OFF OR DOWNLOADED IN ANY WAY, AND YOU MUST NOT USE ANY ILLUSTRATIONS, PHOTOGRAPHS, VIDEO OR AUDIO SEQUENCES OR ANY GRAPHICS SEPARATELY FROM ANY ACCOMPANYING TEXT.

OUR STATUS (AND THAT OF ANY IDENTIFIED CONTRIBUTORS) AS THE AUTHORS OF MATERIAL ON OUR SITE MUST ALWAYS BE ACKNOWLEDGED.

YOU MUST NOT USE ANY PART OF THE MATERIALS ON OUR SITE FOR COMMERCIAL PURPOSES WITHOUT OBTAINING A LICENSE TO DO SO FROM US OR OUR LICENSORS.

IF YOU PRINT OFF, COPY OR DOWNLOAD ANY PART OF OUR SITE IN BREACH OF THESE TERMS OF USE, YOUR RIGHT TO USE OUR SITE WILL CEASE IMMEDIATELY AND YOU MUST, AT OUR OPTION, RETURN OR DESTROY ANY COPIES OF THE MATERIALS YOU HAVE MADE.


RELIANCE ON INFORMATION POSTED.

MATERIALS POSTED ON OUR SITE ARE NOT INTENDED TO AMOUNT TO ADVICE ON WHICH RELIANCE SHOULD BE PLACED. WE THEREFORE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY ANY VISITOR TO OUR SITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.


OUR SITE CHANGES REGULARLY.

WE AIM TO UPDATE OUR SITE REGULARLY, AND MAY CHANGE THE CONTENT AT ANY TIME. IF THE NEED ARISES, WE MAY SUSPEND ACCESS TO OUR SITE, OR CLOSE IT INDEFINITELY. ANY OF THE MATERIAL ON OUR SITE MAY BE OUT OF DATE AT ANY GIVEN TIME, AND WE ARE UNDER NO OBLIGATION TO UPDATE SUCH MATERIAL.


LIMITED LIABILITY TO ALL OUR SERVICES/PRODUCTS.

THE CUSTOMER EXPRESSLY AGREES THAT USE OF CALIBERSERVERS’S SERVICES/PRODUCTS IS AT THE CUSTOMER’S SOLE RISK. NEITHER CALIBERSERVERS, NOR ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD PARTY INFORMATION PROVIDERS, MERCHANTS LICENSERS OR THE LIKE, WARRANT THAT CALIBERSERVERS’S SERVICES/PRODUCTS WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES/PRODUCTS OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION SERVICE OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE CALIBERSERVERS SERVICES/PRODUCTS, UNLESS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL CALIBERSERVERS, ITS OFFICERS, AGENTS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING CALIBERSERVERS’S SERVICES/PRODUCTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE CALIBERSERVERS SERVICES/PRODUCTS; OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CALIBERSERVERS’S RECORDS, PROGRAMS OR SERVICES. THE CUSTOMER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT ON CALIBERSERVERS’S SERVICES/PRODUCTS. NOTWITHSTANDING THE ABOVE, THE CUSTOMER’S EXCLUSIVE REMEDIES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTIONS WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE OR OTHERWISE, SHALL NOT EXCEED THE AGGREGATE DOLLAR AMOUNT WHICH THE CUSTOMER PAID DURING THE TERM OF THIS AGREEMENT AND ANY REASONABLE ATTORNEY’S FEE AND COURT COSTS.


OUR LIABILITY OF WEBSITE USE.

EXCEPT AS OTHERWISE PROVIDED BY A CONTRACT CREATED BETWEEN YOU AND US INCORPORATING OUR TERMS THE MATERIAL DISPLAYED ON OUR SITE IS PROVIDED WITHOUT ANY GUARANTEES, CONDITIONS OR WARRANTIES AS TO ITS ACCURACY. TO THE EXTENT PERMITTED BY LAW, WE, OTHER MEMBERS OF OUR GROUP OF COMPANIES AND THIRD PARTIES CONNECTED TO US HEREBY EXPRESSLY EXCLUDE:

ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY.

ANY LIABILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY ANY USER IN CONNECTION WITH OUR SITE OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR RESULTS OF THE USE OF OUR SITE, ANY WEBSITES LINKED TO IT AND ANY MATERIALS POSTED ON IT, INCLUDING, WITHOUT


LIMITATION ANY LIABILITY FOR:

LOSS OF INCOME OR REVENUE
LOSS OF BUSINESS
LOSS OF PROFITS OR CONTRACTS
LOSS OF ANTICIPATED SAVINGS
LOSS OF SOFTWARE OR DATA
LOSS OF GOODWILL
WASTED MANAGEMENT OR OFFICE TIME; AND FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THIS DOES NOT AFFECT OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, NOR OUR LIABILITY FOR FRAUDULENT MISREPRESENTATION OR MISREPRESENTATION AS TO A FUNDAMENTAL MATTER, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


WAIVER

THE CUSTOMER AGREES TO INDEMNIFY THE PROVIDER IN THE INTERNAL RELATIONSHIP OF ALL POSSIBLE CLAIMS OF THIRD PARTIES BASED ON UNLAWFUL ACTS BY THE CUSTOMER OR ERRORS IN THE CONTENTS OF THE INFORMATION MADE AVAILABLE BY THEM. THIS IS ESPECIALLY TRUE FOR COPYRIGHT, DATA PROTECTION AND COMPETITION LAW VIOLATIONS. THE PROVIDER IS NOT OBLIGED TO CHECK THE INTERNET PRESENCES OF CUSTOMERS FOR POSSIBLE LEGAL VIOLATIONS.


INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE.

WE PROCESS INFORMATION ABOUT YOU IN ACCORDANCE WITH OUR PRIVACY POLICY. BY USING OUR SITE, YOU CONSENT TO SUCH PROCESSING AND YOU WARRANT THAT ALL DATA PROVIDED BY YOU IS ACCURATE.


TRANSACTIONS CONCLUDED THROUGH OUR SITE.

CONTRACTS FOR THE SUPPLY OF OUR SERVICES FORMED THROUGH OUR SITE OR AS A RESULT OF VISITS MADE BY YOU ARE GOVERNED BY OUR TERMS CAN BE FOUND IN THE RELEVANT SECTION BELOW.


VIRUSES, HACKING AND OTHER OFFENCES.

YOU MUST NOT MISUSE OUR SITE BY KNOWINGLY INTRODUCING VIRUSES, TROJANS, WORMS, LOGIC BOMBS OR OTHER MATERIAL WHICH IS MALICIOUS OR TECHNOLOGICALLY HARMFUL. YOU MUST NOT ATTEMPT TO GAIN UNAUTHORISED ACCESS TO OUR SITE, THE SERVER ON WHICH OUR SITE IS STORED OR ANY SERVER, COMPUTER OR DATABASE CONNECTED TO OUR SITE OR USED TO PROVIDE OUR SERVICES. YOU MUST NOT ATTACK OUR SITE VIA A DENIAL-OF-SERVICE ATTACK OR A DISTRIBUTED DENIAL-OF-SERVICE ATTACK.

BY BREACHING THIS PROVISION, YOU WOULD COMMIT A CRIMINAL OFFENCE UNDER THE COMPUTER MISUSE ACT 1990. WE WILL REPORT ANY SUCH BREACH TO THE RELEVANT LAW ENFORCEMENT AUTHORITIES AND WE WILL CO-OPERATE WITH THOSE AUTHORITIES BY DISCLOSING YOUR IDENTITY TO THEM. IN THE EVENT OF SUCH A BREACH, YOUR RIGHT TO USE OUR SITE WILL CEASE IMMEDIATELY.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.


LINKING TO OUR WEBSITE.

YOU MAY LINK TO OUR SITE, PROVIDED YOU DO SO IN A WAY THAT IS FAIR AND LEGAL AND DOES NOT DAMAGE OUR REPUTATION OR TAKE ADVANTAGE OF IT, BUT YOU MUST NOT ESTABLISH A LINK IN SUCH A WAY AS TO SUGGEST ANY FORM OF ASSOCIATION, APPROVAL OR ENDORSEMENT ON OUR PART WHERE NONE EXISTS.
YOU MUST NOT ESTABLISH A LINK FROM ANY WEBSITE THAT IS NOT OWNED BY YOU.

OUR SITE MUST NOT BE FRAMED ON ANY OTHER SITE. WE RESERVE THE RIGHT TO WITHDRAW LINKING PERMISSION WITHOUT NOTICE. THE WEBSITE FROM WHICH YOU ARE LINKING MUST COMPLY IN ALL RESPECTS WITH THE CONTENT STANDARDS.

IF YOU WISH TO MAKE ANY USE OF MATERIAL ON OUR SITE OTHER THAN AS SET OUT ABOVE, PLEASE ADDRESS YOUR REQUEST TO BY SENDING A EMAIL TO ADMIN@CALIBERSERVERS.COM.


LINKS FROM OUR WEBSITE.

WHERE OUR SITE CONTAINS LINKS TO OTHER SITES AND RESOURCES PROVIDED BY THIRD PARTIES, THESE LINKS ARE PROVIDED FOR YOUR INFORMATION ONLY. WE HAVE NO CONTROL OVER THE CONTENTS OF THOSE SITES OR RESOURCES, AND ACCEPT NO RESPONSIBILITY FOR THEM OR FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR USE OF THEM.


JURISDICTION AND APPLICABLE LAW.

THE PORTUGUESE COURTS WILL HAVE EXCLUSIVE JURISDICTION OVER ANY CLAIM ARISING FROM, OR RELATED TO, A VISIT TO OUR SITE ALTHOUGH WE RETAIN THE RIGHT TO BRING PROCEEDINGS AGAINST YOU FOR BREACH OF THESE CONDITIONS IN YOUR COUNTRY OF RESIDENCE OR ANY OTHER RELEVANT COUNTRY. THESE TERMS OF USE ARE GOVERNED BY ENGLISH LAW.


VARIATIONS.

WE MAY REVISE THESE TERMS OF USE AT ANY TIME BY AMENDING THIS PAGE. YOU ARE EXPECTED TO CHECK THIS PAGE FROM TIME TO TIME TO TAKE NOTICE OF ANY CHANGES WE MADE, AS THEY ARE BINDING ON YOU. SOME OF THE PROVISIONS CONTAINED IN THESE TERMS OF USE MAY ALSO BE SUPERSEDED BY PROVISIONS OR NOTICES PUBLISHED ELSEWHERE ON OUR SITE.


ACCOUNT REGISTRATION.

TO USE THE SERVICE USERS MUST REGISTER OR CREATE A USER ACCOUNT, PROVIDING ALL REQUIRED DATA OR INFORMATION IN A COMPLETE AND TRUTHFUL MANNER.

FAILURE TO DO SO WILL CAUSE UNAVAILABILITY OF THE SERVICE.

USERS ARE RESPONSIBLE FOR KEEPING THEIR LOGIN CREDENTIALS CONFIDENTIAL AND SAFE. FOR THIS REASON, USERS ARE ALSO REQUIRED TO CHOOSE PASSWORDS THAT MEET THE HIGHEST STANDARDS OF STRENGTH PERMITTED BY CALIBERSERVERS.

BY REGISTERING, USERS AGREE TO BE FULLY RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER THEIR USERNAME AND PASSWORD.

USERS ARE REQUIRED TO IMMEDIATELY AND UNAMBIGUOUSLY INFORM THE OWNER VIA THE CONTACT DETAILS INDICATED IN THIS DOCUMENT, IF THEY THINK THEIR PERSONAL INFORMATION, INCLUDING BUT NOT LIMITED TO USER ACCOUNTS, ACCESS CREDENTIALS OR PERSONAL DATA, HAVE BEEN VIOLATED, UNDULY DISCLOSED OR STOLEN.


CONDITIONS FOR ACCOUNT REGISTRATION.

REGISTRATION OF USER ACCOUNTS ON CALIBERSERVERS IS SUBJECT TO THE CONDITIONS OUTLINED BELOW. BY REGISTERING, USERS AGREE TO MEET SUCH CONDITIONS:
ACCOUNTS REGISTERED BY BOTS OR ANY OTHER AUTOMATED METHODS ARE NOT PERMITTED.
UNLESS OTHERWISE SPECIFIED, EACH USER MUST REGISTER ONLY ONE ACCOUNT.
UNLESS EXPLICITLY PERMITTED, A USER ACCOUNT MAY NOT BE SHARED WITH OTHER PERSONS.


ACCOUNT TERMINATION.

USERS CAN TERMINATE THEIR ACCOUNT AND STOP USING THE SERVICE AT ANY TIME BY DOING THE FOLLOWING:
BY USING THE TOOLS PROVIDED FOR ACCOUNT TERMINATION ON CALIBERSERVERS.
BY DIRECTLY CONTACTING THE OWNER AT THE CONTACT DETAILS PROVIDED IN THIS DOCUMENT.
HOWEVER, TERMINATION OF THE ACCOUNT WILL NOT BE POSSIBLE UNTIL THE SUBSCRIPTION PERIOD PAID FOR BY THE USER HAS EXPIRED.


ACCOUNT SUSPENSION AND DELETION.

THE OWNER RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO SUSPEND OR DELETE AT ANY TIME AND WITHOUT NOTICE, USER ACCOUNTS WHICH IT DEEMS INAPPROPRIATE, OFFENSIVE OR IN VIOLATION OF THESE TERMS.

THE SUSPENSION OR DELETION OF USER ACCOUNTS SHALL NOT ENTITLE USERS TO ANY CLAIMS FOR COMPENSATION, DAMAGES OR REIMBURSEMENT.

THE SUSPENSION OR DELETION OF ACCOUNTS DUE TO CAUSES ATTRIBUTABLE TO THE USER DOES NOT EXEMPT THE USER FROM PAYING ANY APPLICABLE FEES OR PRICES.


CONTENT ON CALIBERSERVERS.

UNLESS WHERE OTHERWISE SPECIFIED OR CLEARLY RECOGNIZABLE, ALL CONTENT AVAILABLE ON CALIBERSERVERS IS OWNED OR PROVIDED BY THE OWNER OR ITS LICENSORS.

THE OWNER UNDERTAKES ITS UTMOST EFFORT TO ENSURE THAT THE CONTENT PROVIDED ON CALIBERSERVERS INFRINGES NO APPLICABLE LEGAL PROVISIONS OR THIRD-PARTY RIGHTS. HOWEVER, IT MAY NOT ALWAYS BE POSSIBLE TO ACHIEVE SUCH A RESULT.

IN SUCH CASES, WITHOUT PREJUDICE TO ANY LEGAL PREROGATIVES OF USERS TO ENFORCE THEIR RIGHTS, USERS ARE KINDLY ASKED TO PREFERABLY REPORT RELATED COMPLAINTS USING THE CONTACT DETAILS PROVIDED IN THIS DOCUMENT.


RIGHTS REGARDING CONTENT ON CALIBERSERVERS - ALL RIGHTS RESERVED.

THE OWNER HOLDS AND RESERVES ALL INTELLECTUAL PROPERTY RIGHTS FOR ANY SUCH CONTENT.
USERS MAY NOT THEREFORE USE SUCH CONTENT IN ANY WAY THAT IS NOT NECESSARY OR IMPLICIT IN THE PROPER USE OF THE SERVICE.

IN PARTICULAR, BUT WITHOUT LIMITATION, USERS MAY NOT COPY, DOWNLOAD, SHARE (BEYOND THE LIMITS SET FORTH BELOW), MODIFY, TRANSLATE, TRANSFORM, PUBLISH, TRANSMIT, SELL, SUBLICENSE, EDIT, TRANSFER/ASSIGN TO THIRD PARTIES OR CREATE DERIVATIVE WORKS FROM THE CONTENT AVAILABLE ON CALIBERSERVERS, NOR ALLOW ANY THIRD PARTY TO DO SO THROUGH THE USER OR THEIR DEVICE, EVEN WITHOUT THE USER'S KNOWLEDGE.

WHERE EXPLICITLY STATED ON CALIBERSERVERS, THE USER MAY DOWNLOAD, COPY AND/OR SHARE SOME CONTENT AVAILABLE THROUGH CALIBERSERVERS FOR ITS SOLE PERSONAL AND NON-COMMERCIAL USE AND PROVIDED THAT THE COPYRIGHT ATTRIBUTIONS AND ALL THE OTHER ATTRIBUTIONS REQUESTED BY THE OWNER ARE CORRECTLY IMPLEMENTED.

ANY APPLICABLE STATUTORY LIMITATION OR EXCEPTION TO COPYRIGHT SHALL STAY UNAFFECTED.


CONTENT PROVIDED BY USERS.

THE OWNER ALLOWS USERS TO UPLOAD, SHARE OR PROVIDE THEIR OWN CONTENT TO CALIBERSERVERS.
BY PROVIDING CONTENT TO CALIBERSERVERS, USERS CONFIRM THAT THEY ARE LEGALLY ALLOWED TO DO SO AND THAT THEY ARE NOT INFRINGING ANY STATUTORY PROVISIONS AND/OR THIRD-PARTY RIGHTS.

FURTHER INSIGHTS REGARDING ACCEPTABLE CONTENT CAN BE FOUND INSIDE THE SECTION OF THESE TERMS WHICH DETAIL THE ACCEPTABLE USES.


RIGHTS REGARDING CONTENT PROVIDED BY USERS.

USERS ACKNOWLEDGE AND ACCEPT THAT BY PROVIDING THEIR OWN CONTENT ON CALIBERSERVERS THEY GRANT THE OWNER A NON-EXCLUSIVE, FULLY PAID-UP AND ROYALTY-FREE LICENSE TO PROCESS SUCH CONTENT SOLELY FOR THE OPERATION AND MAINTENANCE OF CALIBERSERVERS AS CONTRACTUALLY REQUIRED.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, USERS WAIVE ANY MORAL RIGHTS IN CONNECTION WITH CONTENT THEY PROVIDE TO CALIBERSERVERS.

USERS ACKNOWLEDGE, ACCEPT AND CONFIRM THAT ALL CONTENT THEY PROVIDE THROUGH CALIBERSERVERS IS PROVIDED SUBJECT TO THE SAME GENERAL CONDITIONS SET FORTH FOR CONTENT ON CALIBERSERVERS.


LIABILITY FOR PROVIDED CONTENT.

USERS ARE SOLELY LIABLE FOR ANY CONTENT THEY UPLOAD, POST, SHARE, OR PROVIDE THROUGH CALIBERSERVERS. USERS ACKNOWLEDGE AND ACCEPT THAT THE OWNER DOES NOT FILTER OR MODERATE SUCH CONTENT.

HOWEVER, THE OWNER RESERVES THE RIGHT TO REMOVE, DELETE, BLOCK OR RECTIFY SUCH CONTENT AT ITS OWN DISCRETION AND TO, WITHOUT PRIOR NOTICE, DENY THE UPLOADING USER ACCESS TO CALIBERSERVERS:
IF ANY COMPLAINT BASED ON SUCH CONTENT IS RECEIVED;
IF A NOTICE OF INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS IS RECEIVED;
UPON ORDER OF A PUBLIC AUTHORITY; OR
WHERE THE OWNER IS MADE AWARE THAT THE CONTENT, WHILE BEING ACCESSIBLE VIA CALIBERSERVERS, MAY REPRESENT A RISK FOR USERS, THIRD PARTIES AND/OR THE AVAILABILITY OF THE SERVICE.

THE REMOVAL, DELETION, BLOCKING OR RECTIFICATION OF CONTENT SHALL NOT ENTITLE USERS THAT HAVE PROVIDED SUCH CONTENT OR THAT ARE LIABLE FOR IT, TO ANY CLAIMS FOR COMPENSATION, DAMAGES OR REIMBURSEMENT.

USERS AGREE TO HOLD THE OWNER HARMLESS FROM AND AGAINST ANY CLAIM ASSERTED AND/OR DAMAGE SUFFERED DUE TO CONTENT THEY PROVIDED TO OR PROVIDED THROUGH CALIBERSERVERS.


ACCESS TO EXTERNAL RESOURCES.

THROUGH CALIBERSERVERS USERS MAY HAVE ACCESS TO EXTERNAL RESOURCES PROVIDED BY THIRD PARTIES. USERS ACKNOWLEDGE AND ACCEPT THAT THE OWNER HAS NO CONTROL OVER SUCH RESOURCES AND IS THEREFORE NOT RESPONSIBLE FOR THEIR CONTENT AND AVAILABILITY.

CONDITIONS APPLICABLE TO ANY RESOURCES PROVIDED BY THIRD PARTIES, INCLUDING THOSE APPLICABLE TO ANY POSSIBLE GRANT OF RIGHTS IN CONTENT, RESULT FROM EACH SUCH THIRD PARTIES’ TERMS AND CONDITIONS OR, IN THE ABSENCE OF THOSE, APPLICABLE STATUTORY LAW.

IN PARTICULAR, ON CALIBERSERVERS USERS MAY SEE ADVERTISEMENTS PROVIDED BY THIRD PARTIES. THE OWNER DOES NOT CONTROL OR MODERATE THE ADVERTISEMENTS DISPLAYED VIA CALIBERSERVERS. IF USERS CLICK ON ANY SUCH ADVERTISEMENT, THEY WILL BE INTERACTING WITH ANY THIRD PARTY RESPONSIBLE FOR THAT ADVERTISEMENT.

THE OWNER IS NOT RESPONSIBLE FOR ANY MATTERS RESULTING FROM SUCH INTERACTION WITH THIRD PARTIES, SUCH AS ANYTHING RESULTING FROM VISITING THIRD-PARTY WEBSITES OR USING THIRD-PARTY CONTENT.


ACCEPTABLE USE POLICY OF OUR SERVICES.

CALIBERSERVERS AND THE SERVICE MAY ONLY BE USED WITHIN THE SCOPE OF WHAT THEY ARE PROVIDED FOR, UNDER THESE TERMS AND APPLICABLE LAW.

USERS ARE SOLELY RESPONSIBLE FOR MAKING SURE THAT THEIR USE OF CALIBERSERVERS AND/OR THE SERVICE VIOLATES NO APPLICABLE LAW, REGULATIONS OR THIRD-PARTY RIGHTS.

THEREFORE, THE OWNER RESERVES THE RIGHT TO TAKE ANY APPROPRIATE MEASURE TO PROTECT ITS LEGITIMATE INTERESTS INCLUDING BY DENYING USERS ACCESS TO CALIBERSERVERS OR THE SERVICE, TERMINATING CONTRACTS, REPORTING ANY MISCONDUCT PERFORMED THROUGH CALIBERSERVERS OR THE SERVICE TO THE COMPETENT AUTHORITIES – SUCH AS JUDICIAL OR ADMINISTRATIVE AUTHORITIES - WHENEVER USERS ENGAGE OR ARE SUSPECTED TO ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES:
VIOLATE LAWS, REGULATIONS AND/OR THESE TERMS;
INFRINGE ANY THIRD-PARTY RIGHTS;
VONSIDERABLY IMPAIR THE OWNER’S LEGITIMATE INTERESTS;
OFFEND THE OWNER OR ANY THIRD PARTY.

WE WILL DETERMINE, IN OUR DISCRETION, WHETHER THERE HAS BEEN A BREACH OF THIS ACCEPTABLE USE POLICY THROUGH YOUR USE OF OUR SERVICES. WHEN A BREACH OF THIS POLICY HAS OCCURRED, WE MAY TAKE SUCH ACTION AS WE DEEM APPROPRIATE.

FAILURE TO COMPLY WITH THIS ACCEPTABLE USE POLICY CONSTITUTES A MATERIAL BREACH OF OUR TERMS UPON WHICH YOU ARE PERMITTED TO USE THE SERVICES, AND MAY RESULT IN OUR TAKING ALL OR ANY OF THE FOLLOWING ACTIONS:
IMMEDIATE, TEMPORARY OR PERMANENT WITHDRAWAL OF YOUR RIGHT TO USE THE SERVICE/S PROVIDED.
IMMEDIATE, TEMPORARY OR PERMANENT REMOVAL OF ANY MATERIAL UPLOADED TO OUR SERVERS.
ISSUE OF A WARNING TO YOU.
ISSUE OF LEGAL PROCEEDINGS AGAINST YOU FOR REIMBURSEMENT OF ALL COSTS ON AN INDEMNITY BASIS (INCLUDING, BUT NOT LIMITED TO, REASONABLE ADMINISTRATIVE AND LEGAL COSTS) RESULTING FROM THE BREACH.
DISCLOSURE OF SUCH INFORMATION TO LAW ENFORCEMENT AUTHORITIES AS WE REASONABLY FEEL IS NECESSARY.

USERS OF SERVICE ARE RESPONSIBLE FOR ALL SCRIPTS, DATA AND OTHER OBJECTS ON THEIR SERVICES. ABUSIVE SCRIPTS ARE SCRIPTS WHICH INTERFERE WITH OUR SYSTEMS AND/OR THE ACCOUNTS OF OTHER CUSTOMERS, CAUSE HARM TO ANY OTHER COMPUTER SYSTEM OR USER, OR ENGAGE IN ANY TYPE OF FRAUDULENT ACTIVITY. ANY ACCOUNT FOUND TO BE THE SOURCE OF ABUSIVE SCRIPTS WILL BE IMMEDIATELY SUSPENDED AND INVESTIGATED.

WE UNDERTAKE TO TAKE ACTION REQUIRED UNDER THE PROVISIONS OF THE REGULATION OF INVESTIGATORY POWERS ACT AND WILL FULLY COOPERATE WITH THE APPROPRIATE PT AUTHORITIES.

WE WILL ALWAYS NOTIFY CUSTOMERS AND, WHERE NECESSARY, FULLY CO-OPERATE WITH THE AUTHORITIES.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING YOUR ACCOUNTS CREDENTIALS – INCLUDING BUT NOT LIMITED TO: (I) YOUR CUSTOMER USERNAME AND PASSWORD; (II) ANY LOGIN INFORMATION REQUIRED TO ACCESS SERVICES WITH US; (III) CUSTOMER SUPPORT AND INFORMATION RETRIEVAL KEYS.

YOU MUST TAKE ALL REASONABLE STEPS TO ENSURE THAT ALL YOUR PASSWORD AND LOGIN CREDENTIALS REMAIN CONFIDENTIAL.

YOU MUST NOT USE THE SERVICE FOR THE TRANSMISSION OF ILLEGAL MATERIAL. YOU AGREE TO REFRAIN FROM SENDING OR RECEIVING ANY MATERIALS WHICH MAY BE DEEMED TO BE OFFENSIVE, ABUSIVE, INDECENT, DEFAMATORY, OBSCENE, MENACING OR OTHERWISE AS PROHIBITED BY CURRENT AND FUTURE STATUTES IN FORCE. YOU AGREE TO REFRAIN FROM SENDING OR RECEIVING ANY MATERIAL WHICH MAY BE IN BREACH OF COPYRIGHT (INCLUDING INTELLECTUAL PROPERTY RIGHTS), CONFIDENCE, PRIVACY OR OTHER RIGHTS. IF YOU ARE IN ANY DOUBT AS TO THE LEGALITY OF WHAT YOU ARE DOING, OR PROPOSE TO DO, YOU SHOULD TAKE INDEPENDENT LEGAL ADVICE.

ALL CONTENT UPLOADED TO YOUR HOSTING SERVICE MUST CONFORM TO PT LAW. IT IS THE USER'S SOLE RESPONSIBILITY TO ENSURE THIS. STORAGE, DISTRIBUTION OF OR TRANSMISSION OF ILLEGAL MATERIALS MAY LEAD TO INVESTIGATION AND POSSIBLE PROSECUTION BY THE RELEVANT AUTHORITIES.

YOU MUST NOT GAIN OR ATTEMPT TO GAIN UNAUTHORISED ACCESS TO ANY COMPUTER SYSTEMS FOR ANY PURPOSE. SUCH ACTION MAY LEAD TO CRIMINAL PROSECUTION UNDER THE COMPUTER MISUSE ACT.

YOU MUST NOT SEND DATA TO THE INTERNET USING FORGED ADDRESSES OR DATA WHICH IS DELIBERATELY DESIGNED TO ADVERSELY AFFECT REMOTE MACHINES (INCLUDING BUT NOT LIMITED TO DENIAL OF SERVICE (DDOS), WORMS AND VIRUSES, TROJANS AND PING STORMS, TIME BOMBS, CORRUPTED FILES, OR ANY OTHER SIMILAR SOFTWARE OR PROGRAMS DESIGNED TO, OR CAPABLE OF, DISRUPTING, DAMAGING OR LIMITING THE FUNCTIONALITY OF ANY SOFTWARE OR HARDWARE;).

YOU ARE PROHIBITED FROM RUNNING 'PORT SCANNING' OR OTHER SOFTWARE INTENDED TO PROBE, SCAN, TEST THE VULNERABILITY OF OR ACCESS REMOTE SYSTEMS OR NETWORKS EXCEPT IN CIRCUMSTANCES WHERE THE REMOTE USER HAS GIVEN EXPRESS PERMISSION FOR THIS TO BE DONE. WE MAY ASK FOR EVIDENCE OF SUCH PERMISSION.

YOU ARE PROHIBITED FROM CRACKING ANY SOFTWARE OR LICENSE. USERS ARE ENTIRELY RESPONSIBLE FOR THEIR SERVICE. ANY SERVICE FOUND TO BE DOING THIS WILL BE IMMEDIATELY SUSPENDED AND INVESTIGATED.
YOU ARE PROHIBITED FROM USING NON-ACTIVATED WINDOWS, ALL WINDOWS OPERATING SYSTEMS MUST BE ACTIVATED. USERS ARE ENTIRELY RESPONSIBLE FOR THEIR SERVICE. ANY SERVICE FOUND DOING THIS WILL BE IMMEDIATELY SUSPENDED AND INVESTIGATED BY THE RELEVANT AUTHORITIES AND YOU WILL BE LIABLE FOR ANY UPCOMING DAMAGES.

YOU MUST ENSURE THAT LOCAL PCS AND NETWORK CONNECTED SERVERS ARE NOT CONFIGURED TO ALLOW OPEN RELAY AND MUST NOT PARTICIPATE IN THE SENDING OF UNSOLICITED BULK EMAIL (COMMONLY REFERRED TO AS 'SPAM' ,'UBE','UCE' ).

OPEN PROXY SERVERS ARE NOT PERMITTED UNDER ANY CIRCUMSTANCES AND WILL RESULT IN IMMEDIATE TERMINATION OF SERVICE.

SITES MUST NOT CONTAIN 'WAREZ', COPYRIGHTED MUSIC/VIDEOS OR LINKS TO SUCH CONTENT. IT IS THE SOLE RESPONSIBILITY OF THE USER TO ENSURE THAT THEY HAVE THE RIGHTS TO DISTRIBUTE ANY CONTENT DISPLAYED ON THEIR WEBSITE.


WEBSITES MUST CONFORM TO PT COPYRIGHT LAW.

YOU WILL NOT USE OUR SITE OR SERVICES IN A MANNER (AS DETERMINED BY US AT OUR SOLE AND ABSOLUTE DISCRETION) THAT:
REFERS TO OR DISPLAYS MATERIAL CONTAINING IMAGES, VIDEOS, DEPICTIONS OR DESCRIPTIONS OF PORNOGRAPHY WHICH IS UNLAWFUL IN THE UK OR WHICH IS DEEMED TO BE DISTASTEFUL AT OUR SOLE DISCRETION.
PROMOTES, ENCOURAGES OR ENGAGES IN TERRORISM, VIOLENCE OR HATRED AGAINST PEOPLE, ANIMALS OR PROPERTY.
MAKES ANY INAPPROPRIATE COMMUNICATION TO ANY NEWSGROUP, MAILING LIST, CHAT FACILITY, OR ANOTHER INTERNET FORUM.
MAKES, ATTEMPTS OR ALLOWS ANY UNAUTHORIZED ACCESS TO CALIBERSERVERS WEBSITE, SERVERS, ACCOUNT, YOUR OWN HOSTING ACCOUNT OR THE ACCOUNT OF ANY OTHER CUSTOMERS OF  CALIBERSERVERS.
ALLOWS ANY REMOTE CODE EXECUTION OF MALICIOUS SOFTWARE THROUGH A HOSTING ACCOUNT OR ANY APIS PROVIDED BY CALIBERSERVERS.
FORGES THE SIGNATURE OR OTHER IDENTIFYING MARK OR CODE OF ANY OTHER PERSON OR ENGAGE IN ANY ACTIVITY TO ATTEMPT TO DECEIVE OTHER PERSONS REGARDING THE TRUE IDENTITY OF THE USER.
CONTAINS ANY KIND OF PROXY SERVER OR OTHER TRAFFIC RELAYING PROGRAMS.
UPLOADS UNACCEPTABLE MATERIAL WHICH INCLUDE: IRC BOTS, WAREZ, IMAGE, FILE STORAGE, MIRROR, OR BANNER-AD SERVICES, TOPSITES, STREAMING, ESCROW, HIGH-YIELD INTEREST PROGRAMS (HYIP) OR RELATED SITES, INVESTMENT SITES (FOREX, E-GOLD EXCHANGE, ETC.), BITCOIN MINERS, SALE OF ANY CONTROLLED SUBSTANCES WITHOUT PROVIDING PROOF OF APPROPRIATE PERMIT(S) IN ADVANCE, AUTOSURF SITES, BANK DEBENTURES, BANK DEBENTURE TRADING PROGRAMS, PRIME BANKS PROGRAMS, LOTTERY SITES, MUDS / RPG'S, HATE SITES, HACKING FOCUSED SITES/ARCHIVES/PROGRAMS, OR SITES PROMOTING ILLEGAL ACTIVITIES, IP SCANNERS, BRUTE FORCE PROGRAMS, MAIL BOMBERS AND SPAM SCRIPTS.
ENGAGES IN OR INSTIGATES ACTIONS THAT CAUSE HARM TO CALIBERSERVERS OR OTHER CUSTOMERS. SUCH ACTIONS INCLUDE, BUT ARE NOT LIMITED TO, ACTIONS RESULTING IN BLACKLISTING ANY OF OUR IPS BY ANY ONLINE SPAM DATABASE, ACTIONS RESULTING IN DDOS ATTACKS FOR ANY SERVERS, ETC.
REVERSE ENGINEERS ANY API OR ATTEMPTS TO USE AN API TO OBTAIN CONFIDENTIAL INFORMATION;
CIRCUMVENTS AN API IN ORDER TO VIOLATE CALIBERSERVERS RESTRICTIONS SUCH AS, BUT NOT LIMITED TO, ACCESSING PRODUCTS AND SERVICES OWNED BY OTHER CUSTOMERS, AVOIDING PAYMENT FOR SERVICES.
OVERLOAD OUR SYSTEMS, INCLUDING APIS, IN ANY WAY.
VIOLATE THE RYAN HAIGHT ONLINE PHARMACY CONSUMER PROTECTION ACT OF 2008 OR SIMILAR LEGISLATION, OR PROMOTE, ENCOURAGE OR ENGAGE IN THE SALE OR DISTRIBUTION OF PRESCRIPTION MEDICATION WITHOUT A VALID PRESCRIPTION.

YOU UNDERTAKE SOLE RESPONSIBILITY TO ENSURE THAT ALL MATERIALS ON ANY SERVICE OWNED OR OPERATED BY YOU CONTAINS MATERIAL THAT YOU HAVE CREATED OR HAVE PERMISSION TO USE.

YOU UNDERTAKE SOLE RESPONSIBILITY FOR ANY DISPUTE INVOLVING COPYRIGHT OR INTELLECTUAL PROPERTY RIGHTS ASSOCIATED WITH YOUR SERVICE.

YOU MUST NOT USE YOUR SERVICE TO PROMOTE OR DISTRIBUTE ANY MATERIAL OR CONTENT THAT IS ILLEGAL (UNDER ANY CURRENT OR FUTURE LEGISLATION). YOU SHOULD BE AWARE THAT THE INTERNET IS A GLOBAL COMMUNICATIONS NETWORK AND WHAT MAY BE LEGAL IN THE PT MAY BE ILLEGAL ELSEWHERE AND LEAVE YOU LIABLE TO PROSECUTION IN ANOTHER COUNTRY.

WE MAY UNDERTAKE INVESTIGATION OF CONTENT SERVICES IF POTENTIAL ABUSE IS BROUGHT TO OUR ATTENTION AND WE RESERVE THE RIGHT TO REMOVE YOUR SERVICE AT ANY TIME AND FOR ANY REASON. ANY ACCOUNTS FOUND TO BE ABUSIVE, CONTAIN ILLEGAL CONTENT OR OTHERWISE BREAK OUR TERMS OF SERVICE WILL BE LIABLE FOR IMMEDIATE TERMINATION WITH NO REFUND.


“TELL-A-FRIEND”.

CALIBERSERVERS GIVES USERS THE OPPORTUNITY TO RECEIVE ADVANTAGES IF, AS A RESULT OF THEIR RECOMMENDATION, ANY NEW USER PURCHASES A PRODUCT OFFERED ON CALIBERSERVERS.

IN ORDER TO TAKE ADVANTAGE OF THIS OFFER, USERS MAY INVITE OTHERS TO PURCHASE THE PRODUCTS ON CALIBERSERVERS BY SENDING THEM A TELL-A-FRIEND CODE PROVIDED BY THE OWNER. SUCH CODES CAN ONLY BE REDEEMED ONCE.

IF UPON PURCHASE OF THE PRODUCTS ON CALIBERSERVERS ANY OF THE PERSONS INVITED REDEEMS A TELL-A-FRIEND CODE, THE INVITING USER SHALL RECEIVE THE ADVANTAGE OR BENEFIT (SUCH AS: A PRICE REDUCTION, AN ADDITIONAL SERVICE FEATURE, AN UPGRADE ETC.) SPECIFIED ON CALIBERSERVERS.

TELL-A-FRIEND CODES MAY BE LIMITED TO SPECIFIC PRODUCTS AMONG THOSE OFFERED ON CALIBERSERVERS.
THE OWNER RESERVES THE RIGHT TO END THE OFFER AT ANY TIME AT ITS OWN DISCRETION.

WHILE NO GENERAL LIMITATION APPLIES TO THE NUMBER OF PERSONS THAT CAN BE INVITED, THE AMOUNT OF ADVANTAGE OR BENEFIT THAT EACH INVITING USER CAN RECEIVE, MAY BE LIMITED.


SOFTWARE LICENSE.

ANY INTELLECTUAL OR INDUSTRIAL PROPERTY RIGHTS, AND ANY OTHER EXCLUSIVE RIGHTS ON SOFTWARE OR TECHNICAL APPLICATIONS EMBEDDED IN OR RELATED TO CALIBERSERVERS ARE HELD BY THE OWNER AND/OR ITS LICENSORS.

SUBJECT TO USERS’ COMPLIANCE WITH AND NOTWITHSTANDING ANY DIVERGENT PROVISION OF THESE TERMS, THE OWNER MERELY GRANTS USERS A REVOCABLE, NON-EXCLUSIVE, NON-SUBLICENSABLE AND NON-TRANSFERABLE LICENSE TO USE THE SOFTWARE AND/OR ANY OTHER TECHNICAL MEANS EMBEDDED IN THE SERVICE WITHIN THE SCOPE AND FOR THE PURPOSES OF CALIBERSERVERS AND THE
SERVICE OFFERED.

THIS LICENSE DOES NOT GRANT USERS ANY RIGHTS TO ACCESS, USAGE OR DISCLOSURE OF THE ORIGINAL SOURCE CODE. ALL TECHNIQUES, ALGORITHMS, AND PROCEDURES CONTAINED IN THE SOFTWARE AND ANY DOCUMENTATION THERETO RELATED IS THE OWNER’S OR ITS LICENSORS’ SOLE PROPERTY.

ALL RIGHTS AND LICENSE GRANTS TO USERS SHALL IMMEDIATELY TERMINATE UPON ANY TERMINATION OR EXPIRATION OF THE AGREEMENT.

WITHOUT PREJUDICE TO THE ABOVE, UNDER THIS LICENSE USERS MAY DOWNLOAD, INSTALL, USE AND RUN THE SOFTWARE ON THE PERMITTED NUMBER OF DEVICES, PROVIDED THAT SUCH DEVICES ARE COMMON AND UP-TO-DATE IN TERMS OF TECHNOLOGY AND MARKET STANDARDS.

THE OWNER RESERVES THE RIGHT TO RELEASE UPDATES, FIXES AND FURTHER DEVELOPMENTS OF CALIBERSERVERS AND/OR ITS RELATED SOFTWARE AND TO PROVIDE THEM TO USERS FOR FREE. USERS MAY NEED TO DOWNLOAD AND INSTALL SUCH UPDATES TO CONTINUE USING CALIBERSERVERS AND/OR ITS RELATED SOFTWARE.

NEW RELEASES MAY ONLY BE AVAILABLE AGAINST PAYMENT OF A FEE.

THE USER MAY DOWNLOAD, INSTALL, USE AND RUN THE SOFTWARE ON ANY DEVICE.


API USAGE TERMS.

USERS MAY ACCESS THEIR DATA RELATING TO CALIBERSERVERS VIA THE APPLICATION PROGRAM INTERFACE (API). ANY USE OF THE API, INCLUDING USE OF THE API THROUGH A THIRD-PARTY PRODUCT/SERVICE THAT ACCESSES CALIBERSERVERS, IS BOUND BY THESE TERMS AND, IN ADDITION, BY THE FOLLOWING SPECIFIC TERMS:
THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT THE OWNER BEARS NO RESPONSIBILITY AND SHALL NOT BE HELD LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM THE USER’S USE OF THE API OR THEIR USE OF ANY THIRD-PARTY PRODUCTS/SERVICES THAT ACCESS DATA THROUGH THE API.


PAID PRODUCTS.

SOME OF THE PRODUCTS PROVIDED ON CALIBERSERVERS, AS PART OF THE SERVICE, ARE PROVIDED ON THE BASIS OF PAYMENT.

THE FEES, DURATION AND CONDITIONS APPLICABLE TO THE PURCHASE OF SUCH PRODUCTS ARE DESCRIBED BELOW AND IN THE DEDICATED SECTIONS OF CALIBERSERVERS.

TO PURCHASE PRODUCTS, THE USER MUST REGISTER OR LOG INTO CALIBERSERVERS.


PRODUCT DESCRIPTION.

PRICES, DESCRIPTIONS OR AVAILABILITY OF PRODUCTS ARE OUTLINED IN THE RESPECTIVE SECTIONS OF CALIBERSERVERS AND ARE SUBJECT TO CHANGE WITHOUT NOTICE.

WHILE PRODUCTS ON CALIBERSERVERS ARE PRESENTED WITH THE GREATEST ACCURACY TECHNICALLY POSSIBLE, REPRESENTATION ON CALIBERSERVERS THROUGH ANY MEANS (INCLUDING, AS THE CASE MAY BE, GRAPHIC MATERIAL, IMAGES, COLORS, SOUNDS) IS FOR REFERENCE ONLY AND IMPLIES NO WARRANTY AS TO THE CHARACTERISTICS OF THE PURCHASED PRODUCT.

THE CHARACTERISTICS OF THE CHOSEN PRODUCT WILL BE OUTLINED DURING THE PURCHASING PROCESS.
PURCHASING PROCESS.

ANY STEPS NEEDED FROM PRODUCT CHOICE TO ORDER SUBMISSION, FORM PART OF THE PURCHASING PROCESS.

THE PURCHASING PROCESS INCLUDES THESE STEPS:
USERS MUST INDICATE THE DESIRED PRODUCT BY SELECTING IT, INCLUDING, WHERE POSSIBLE, QUANTITY AND SPECIFIC CHARACTERISTICS, TO MAKE IT APPEAR IN THE PURCHASE SELECTION.
USERS MAY REVIEW THEIR PURCHASE SELECTION, MODIFY, REMOVE OR ADD ITEMS.
USERS WILL BE REQUIRED TO SPECIFY THEIR BILLING ADDRESS, CONTACT DETAILS AND A PAYMENT METHOD OF THEIR CHOICE.
IF THE PURCHASE RESULTS IN A PRODUCT BEING SHIPPED, USERS MAY NEED TO INDICATE A SHIPPING ADDRESS.
DURING THE PURCHASING PROCESS, USERS MAY, AT ANY TIME, MODIFY, CORRECT OR CHANGE THE INFORMATION PROVIDED, OR ALTOGETHER ABORT THE PURCHASING PROCESS WITH NO CONSEQUENCE.
AFTER PROVIDING ALL REQUIRED INFORMATION, USERS MUST CAREFULLY REVIEW THE ORDER AND, SUBSEQUENTLY, MAY PROCEED TO CHECKOUT.
TO SUBMIT THE ORDER, USERS MUST ACCEPT THESE TERMS AND USE THE RESPECTIVE BUTTON OR MECHANISM ON CALIBERSERVERS, HEREBY COMMITTING TO PAY THE AGREED-UPON PRICE.


ORDER SUBMISSION.

WHEN THE USER SUBMITS AN ORDER, THE FOLLOWING APPLIES:
THE SUBMISSION OF AN ORDER DETERMINES CONTRACT CONCLUSION AND THEREFORE CREATES FOR THE USER THE OBLIGATION TO PAY THE PRICE, TAXES AND POSSIBLE FURTHER FEES AND EXPENSES, AS SPECIFIED ON THE ORDER PAGE.
IN CASE THE PURCHASED PRODUCT REQUIRES ACTIVE INPUT FROM THE USER, SUCH AS THE PROVISION OF PERSONAL INFORMATION OR DATA, SPECIFICATIONS OR SPECIAL WISHES, THE ORDER SUBMISSION CREATES AN OBLIGATION FOR THE USER TO COOPERATE ACCORDINGLY.
UPON SUBMISSION OF THE ORDER, USERS WILL RECEIVE A RECEIPT CONFIRMING THAT THE ORDER HAS BEEN RECEIVED.
ALL NOTIFICATIONS RELATED TO THE DESCRIBED PURCHASING PROCESS SHALL BE SENT TO THE EMAIL ADDRESS PROVIDED BY THE USER FOR SUCH PURPOSES.


PRICES & FEES.

USERS ARE INFORMED DURING THE PURCHASING PROCESS AND BEFORE ORDER SUBMISSION, ABOUT ANY FEES, TAXES AND COSTS (INCLUDING, IF ANY, DELIVERY COSTS) THAT THEY WILL BE CHARGED.
PRICES ON CALIBERSERVERS ARE DISPLAYED:
EITHER EXCLUSIVE OR INCLUSIVE OF ANY APPLICABLE FEES, TAXES AND COSTS, DEPENDING ON THE SECTION THE USER IS BROWSING.THE TOTAL COST OF YOUR ORDER OF THE SERVICES WILL BE SET OUT CLEARLY IN YOUR SHOPPING BASKET BEFORE YOU SUBMIT YOUR ORDER FOR THE SERVICES.
PRICES ARE LIABLE TO CHANGE AT ANY TIME. WE WILL NOTIFY YOU OF A CHANGE IN OUR PRICES AT LEAST THIRTY (30) DAYS BEFORE THE PRICE INCREASE COMES INTO FORCE. IF YOU DO NOT AGREE TO SUCH PRICE CHANGES, PLEASE CANCEL YOUR SERVICES. IF YOU DO NOT CANCEL YOU WILL BE DEEMED TO HAVE ACCEPTED THE NEW PRICES, AND THEY WILL BE CHARGED TO THE PAYMENT METHOD REGISTERED TO YOUR ACCOUNT.
OUR WEBSITE CONTAINS THE DETAILS OF A LARGE NUMBER OF SERVICES AND IT IS ALWAYS POSSIBLE THAT, DESPITE OUR BEST EFFORTS, SOME OF THE SERVICES LISTED ON OUR WEBSITE MAY BE INCORRECTLY PRICED.
WHERE A SERVICE’S CORRECT PRICE IS LESS THAN OUR STATED PRICE, WE WILL CHARGE THE LOWER AMOUNT WHEN ACCEPTING YOUR ORDER. IF A SERVICE’S CORRECT PRICE IS HIGHER THAN THE PRICE STATED ON OUR WEBSITE, WE WILL NORMALLY, AT OUR DISCRETION, EITHER CONTACT YOU FOR INSTRUCTIONS BEFORE ACCEPTING YOUR ORDER, OR REJECT YOUR ORDER AND NOTIFY YOU OF SUCH REJECTION.
WE ARE UNDER NO OBLIGATION TO PROVIDE THE SERVICES TO YOU AT THE INCORRECT (LOWER) PRICE, EVEN AFTER WE HAVE SENT YOU AN ACCEPTANCE CONFIRMATION, IF THE PRICING ERROR IS OBVIOUS AND UNMISTAKEABLE AND COULD HAVE REASONABLY BEEN RECOGNISED BY YOU AS A MISPRICING.
TIME FOR PAYMENT SHALL BE OF THE ESSENCE. NO PAYMENT SHALL BE DEEMED TO HAVE BEEN RECEIVED UNTIL WE HAVE RECEIVED CLEARED FUNDS. IF YOUR CHOSEN METHOD OF PAYMENT IS NOT AUTHORISED BY YOUR CREDIT CARD PROVIDER OR BANK, YOU HEREBY AUTHORISE US TO SEEK PAYMENT FROM ANY OTHER CREDIT CARD, DEBIT CARD OR DIRECT DEBIT REGISTERED AGAINST YOUR ACCOUNT. FURTHER, IF YOUR PAYMENT IS STILL NOT AUTHORISED WE MAY, AT OUR DISCRETION, SUSPEND OR TERMINATE ANY SERVICES WE PROVIDE TO YOU FROM TIME TO TIME, EVEN IF PAYMENT IN RESPECT OF SUCH SERVICES IS NOT OUTSTANDING.
USERS WILL BE CHARGED A FEE IF THEY DO ON PURPOSE/INTENTIONALLY OR BY MISTAKE: A DEDICATED SERVER SHUTDOWN/DEDICATED SERVER LOCKOUT OR NEED A DEDICATED SERVER HARDWARE UPGRADE. IT WILL RESULT IN A ONE-TIME 26.99EUR FEE.


OFFERS AND DISCOUNTS.

THE OWNER MAY OFFER DISCOUNTS OR PROVIDE SPECIAL OFFERS FOR THE PURCHASE OF PRODUCTS. ANY SUCH OFFER OR DISCOUNT SHALL ALWAYS BE SUBJECT TO THE ELIGIBILITY CRITERIA AND THE TERMS AND CONDITIONS SET OUT IN THE CORRESPONDING SECTION OF CALIBERSERVERS.

OFFERS AND DISCOUNTS ARE ALWAYS GRANTED AT THE OWNER’S SOLE DISCRETION.

REPEATED OR RECURRING OFFERS OR DISCOUNTS CREATE NO CLAIM/TITLE OR RIGHT THAT USERS MAY ENFORCE IN THE FUTURE.

DEPENDING ON THE CASE, DISCOUNTS OR OFFERS SHALL BE VALID FOR A LIMITED TIME ONLY OR WHILE STOCKS LAST. IF AN OFFER OR DISCOUNT IS LIMITED BY TIME, THE TIME INDICATIONS REFER TO THE TIME ZONE OF THE OWNER, AS INDICATED IN THE OWNER’S LOCATION DETAILS IN THIS DOCUMENT, UNLESS OTHERWISE SPECIFIED.


COUPONS.

OFFERS OR DISCOUNTS CAN BE BASED ON COUPONS.

IF BREACH OF THE CONDITIONS APPLICABLE TO COUPONS OCCURS, THE OWNER CAN LEGITIMATELY REFUSE TO FULFILL ITS CONTRACTUAL OBLIGATIONS AND EXPRESSLY RESERVES THE RIGHT TO TAKE APPROPRIATE LEGAL ACTION TO PROTECT ITS RIGHTS AND INTERESTS.

NOTWITHSTANDING THE PROVISIONS BELOW, ANY ADDITIONAL OR DIVERGING RULES APPLICABLE TO USING THE COUPON DISPLAYED IN THE CORRESPONDING INFORMATION PAGE OR ON THE COUPON ITSELF SHALL ALWAYS PREVAIL.

UNLESS OTHERWISE STATED, THESE RULES APPLY TO THE USE OF COUPONS:
EACH COUPON IS ONLY VALID WHEN USED IN THE MANNER AND WITHIN THE TIMEFRAME SPECIFIED ON THE WEBSITE AND/OR THE COUPON;
A COUPON MAY ONLY BE APPLIED, IN ITS ENTIRETY, AT THE ACTUAL TIME OF PURCHASE – PARTIAL USE IS NOT PERMITTED;
UNLESS OTHERWISE STATED, SINGLE-USE COUPONS MAY ONLY BE USED ONCE PER PURCHASE AND THEREFORE MAY ONLY BE APPLIED A SINGLE TIME EVEN IN CASES INVOLVING INSTALLMENT-BASED PURCHASES;
A COUPON CANNOT BE APPLIED CUMULATIVELY;
THE COUPON MUST BE REDEEMED EXCLUSIVELY WITHIN THE TIME SPECIFIED IN THE OFFER. AFTER THIS PERIOD, THE COUPON WILL AUTOMATICALLY EXPIRE, PRECLUDING ANY POSSIBILITY FOR THE USER TO CLAIM THE RELEVANT RIGHTS, INCLUDING CASH-OUT;
THE USER IS NOT ENTITLED TO ANY CREDIT/REFUND/COMPENSATION IF THERE IS A DIFFERENCE BETWEEN THE VALUE OF THE COUPON AND THE REDEEMED VALUE;
THE COUPON IS INTENDED SOLELY FOR NON–COMMERCIAL USE. ANY REPRODUCTION, COUNTERFEITING AND COMMERCIAL TRADE OF THE COUPON IS STRICTLY FORBIDDEN, ALONG WITH ANY ILLEGAL ACTIVITY RELATED TO THE PURCHASE AND/OR USE OF THE COUPON.


METHODS OF PAYMENT.

INFORMATION RELATED TO ACCEPTED PAYMENT METHODS ARE MADE AVAILABLE DURING THE PURCHASING PROCESS.

SOME PAYMENT METHODS MAY ONLY BE AVAILABLE SUBJECT TO ADDITIONAL CONDITIONS OR FEES.
ALL PAYMENTS ARE INDEPENDENTLY PROCESSED THROUGH THIRD-PARTY SERVICES. THEREFORE, CALIBERSERVERS DOES NOT COLLECT ANY PAYMENT INFORMATION – SUCH AS CREDIT CARD DETAILS – BUT ONLY RECEIVES A NOTIFICATION ONCE THE PAYMENT HAS BEEN SUCCESSFULLY COMPLETED.

IF PAYMENT THROUGH THE AVAILABLE METHODS FAIL OR IS REFUSED BY THE PAYMENT SERVICE PROVIDER, THE OWNER SHALL BE UNDER NO OBLIGATION TO FULFIL THE PURCHASE ORDER. ANY POSSIBLE COSTS OR FEES RESULTING FROM THE FAILED OR REFUSED PAYMENT SHALL BE BORNE BY THE USER.


PAYMENT OF PRICE IN INSTALLMENTS.

THE PAYMENT OF THE PURCHASE PRICE MAY BE SETTLED IN TWO OR MORE INSTALLMENTS, WITHIN THE DEADLINES SPECIFIED ON CALIBERSERVERS OR OTHERWISE COMMUNICATED BY THE OWNER.
SPECIFIC PRODUCTS MAY BE EXCLUDED FROM THIS PAYMENT MODEL.

IF THE USER FAILS TO MEET ANY OF THE PAYMENT DEADLINES, THE ENTIRE OUTSTANDING AMOUNT SHALL BECOME IMMEDIATELY DUE AND PAYABLE.


AUTHORIZATION FOR FUTURE PAYPAL PAYMENT.

IF USERS AUTHORIZE THE PAYPAL FEATURE WHICH ALLOWS FUTURE PURCHASES, CALIBERSERVERS WILL STORE AN IDENTIFICATION CODE LINKED TO THE USERS’ PAYPAL ACCOUNT. THIS WILL AUTHORIZE CALIBERSERVERS TO AUTOMATICALLY PROCESS PAYMENTS FOR FUTURE PURCHASES OR RECURRING INSTALLMENTS OF PAST PURCHASES.

THIS AUTHORIZATION CAN BE REVOKED AT ANY TIME, EITHER BY CONTACTING THE OWNER OR BY CHANGING THE USER SETTINGS OFFERED BY PAYPAL.


RETENTION OF PRODUCT OWNERSHIP.

UNTIL PAYMENT OF THE TOTAL PURCHASE PRICE IS RECEIVED BY THE OWNER, ANY PRODUCTS ORDERED SHALL NOT BECOME THE USER’S PROPERTY.


RETENTION OF USAGE RIGHTS

USERS DO NOT ACQUIRE ANY RIGHTS TO USE THE PURCHASED PRODUCT UNTIL THE TOTAL PURCHASE PRICE IS RECEIVED BY THE OWNER.


CONTRACTUAL RIGHT OF CANCELLATION.

THE OWNER GRANTS USERS A CONTRACTUAL RIGHT TO CANCEL THE PURCHASE UNDER THE TERMS AND CONDITIONS DESCRIBED IN THE RELEVANT SECTION OF CALIBERSERVERS WITHIN 30 DAYS OF CONCLUDING THE CONTRACT.


ACCESS TO THE SERVICE.

YOU ARE RESPONSIBLE FOR MAKING ALL ARRANGEMENTS NECESSARY FOR YOU TO HAVE ACCESS TO OUR SERVICES. YOU ARE ALSO RESPONSIBLE FOR ENSURING THAT ALL PERSONS WHO ACCESS OUR SERVICES THROUGH YOUR INTERNET CONNECTION ARE AWARE OF THESE TERMS AND CONDITIONS (AND IN PARTICULAR OUR ACCEPTABLE USE POLICY.)


IP ADDRESSES.

CALIBERSERVERS SHALL MAINTAIN CONTROL AND OWNERSHIP OF THE IP ADDRESS THAT IS ASSIGNED TO THE CUSTOMER AS PART OF THE SERVICES AND RESERVES THE RIGHT IN ITS SOLE DISCRETION TO CHANGE OR REMOVE ANY AND ALL IP ADDRESSES.


BACK-UP OF YOUR MATERIAL AND OUR SERVERS.

IT IS YOUR RESPONSIBILITY TO MAINTAIN APPROPRIATE AND UP-TO-DATE BACK-UP COPIES OF ANY DATA, INFORMATION OR OTHER MATERIAL YOU UPLOAD (OR PERMIT TO BE UPLOADED) ONTO OUR SERVERS (“MATERIAL”) AS PART OF YOUR USE OF THE SERVICES. IN THE EVENT OF LOSS OF OR DAMAGE TO YOUR MATERIAL, YOU WILL NOT BE GIVEN ACCESS TO THE SERVER BACK-UP WE MAINTAIN PURSUANT TO OUR


ARCHIVING PROCEDURE.

HOSTING SERVICE USAGE LIMITATIONS.

YOUR LIMITATIONS ARE:
YOUR MATERIAL IS LINKED INTO WEB PAGES
YOU DO NOT USE THE SERVICE AS A BACKUP OF, OR REPOSITORY FOR, YOUR MATERIAL
YOU MAINTAIN GOOD HOUSEKEEPING TO MAINTAIN YOUR MATERIAL
YOU COMPLY WITH OUR ACCEPTABLE USE POLICY.
UNLESS THE HOSTING SERVICE PACKAGE YOU ORDER INCLUDES A DEDICATED SERVER, YOU WILL ONLY BE ALLOWED TO USE SERVER RESOURCES ALLOCATED TO YOUR SERVICE PACKAGE. AT OUR ABSOLUTE DISCRETION, WE MAY ALLOW YOUR USAGE TO EXCEED THIS LIMITATION, AND WE WILL SPEAK TO YOU ABOUT YOUR HOSTING REQUIREMENTS IF YOUR USAGE HAS, OR MAY HAVE, A DETRIMENTAL EFFECT ON OUR OTHER CUSTOMERS.


WHEN USING THE SERVICES, YOU MUST COMPLY WITH:

OUR TERMS.
OUR ACCEPTABLE USE POLICY.
OUR PRIVACY POLICY.

THESE ARE INCORPORATED INTO THE CONTRACT. ANY CONFLICT BETWEEN OUR TERMS OF WEBSITE USE AND THESE TERMS AND CONDITIONS, WILL BE RESOLVED IN FAVOUR OF THESE TERMS AND CONDITIONS.

WE SHALL BE ENTITLED TO TERMINATE THE CONTRACT, OR SUSPEND OR TERMINATE THE PROVISION OF ANY INDIVIDUAL SERVICES, IF YOU ARE IN BREACH OF OUR TERMS.


SUPPORT.

IF A PROBLEM HAS ARISEN WITH REGARD TO THE SERVICES OR YOUR REGISTERED ACCOUNT, YOU CAN ACCESS SUPPORT THROUGH OUR SUPPORT TICKET SYSTEM TWENTY-FOUR (24) HOURS A DAY, SEVEN (7) DAYS A WEEK.
OUR SUPPORT TEAM WILL NOT INSTALL ANY ADDITIONS TO YOUR GAME SERVERS.


PERFORMANCE OF SERVICES.

THE PURCHASED SERVICE SHALL BE PERFORMED OR MADE AVAILABLE WITHIN THE TIMEFRAME SPECIFIED ON CALIBERSERVERS OR AS COMMUNICATED BEFORE THE ORDER SUBMISSION.


CONTRACT DURATION.

TRIAL PERIOD.

USERS HAVE THE OPTION TO TEST  SOME SELECTED PRODUCTS DURING A LIMITED AND NON-RENEWABLE TRIAL PERIOD, AT NO COST. SOME FEATURES OR FUNCTIONS OF CALIBERSERVERS MAY NOT BE AVAILABLE TO USERS DURING THE TRIAL PERIOD.

FURTHER CONDITIONS APPLICABLE TO THE TRIAL PERIOD, INCLUDING ITS DURATION, WILL BE SPECIFIED ON CALIBERSERVERS.

THE TRIAL PERIOD SHALL END AUTOMATICALLY AND SHALL NOT CONVERT INTO ANY PAID PRODUCT UNLESS THE USER ACTIVELY PURCHASES SUCH PAID PRODUCT.


SUBSCRIPTIONS.

SUBSCRIPTIONS ALLOW USERS TO RECEIVE A PRODUCT CONTINUOUSLY OR REGULARLY OVER A DETERMINED PERIOD OF TIME.

PAID SUBSCRIPTIONS BEGIN ON THE DAY THE PAYMENT IS RECEIVED BY THE OWNER.

IN ORDER TO MAINTAIN SUBSCRIPTIONS, USERS MUST PAY THE REQUIRED RECURRING FEE IN A TIMELY MANNER. FAILURE TO DO SO MAY CAUSE SERVICE INTERRUPTIONS.


FIXED-TERM SUBSCRIPTIONS.

PAID FIXED-TERM SUBSCRIPTIONS START ON THE DAY THE PAYMENT IS RECEIVED BY THE OWNER AND LAST FOR THE SUBSCRIPTION PERIOD CHOSEN BY THE USER OR OTHERWISE SPECIFIED DURING THE PURCHASING PROCESS.

ONCE THE SUBSCRIPTION PERIOD EXPIRES, THE PRODUCT SHALL NO LONGER BE ACCESSIBLE, UNLESS THE USER RENEWS THE SUBSCRIPTION BY PAYING THE RELEVANT FEE.

FIXED-TERM SUBSCRIPTIONS MAY NOT BE TERMINATED PREMATURELY AND SHALL RUN OUT UPON EXPIRATION OF THE SUBSCRIPTION TERM.


INSTALLMENTS.

IF THE PURCHASE PRICE IS PAID IN SEVERAL INSTALLMENTS, THE SUBSCRIPTION SHALL START ON THE DAY THAT THE FIRST PAYMENT IS RECEIVED BY THE OWNER AND LAST FOR THE ENTIRE DURATION OF THE SUBSCRIPTION, PROVIDED THAT ALL OTHER INSTALLMENTS ARE RECEIVED IN TIME.

FAILURE TO MEET THE PAYMENT DEADLINES MAY RESULT IN THE UNAVAILABILITY OF THE PRODUCT.


AUTOMATIC RENEWAL.

SUBSCRIPTIONS ARE AUTOMATICALLY RENEWED THROUGH THE PAYMENT METHOD THAT THE USER CHOSE DURING PURCHASE, UNLESS THE USER CANCELS THE SUBSCRIPTION WITHIN THE DEADLINES FOR TERMINATION SPECIFIED IN THE RELEVANT SECTION OF THESE TERMS AND/OR CALIBERSERVERS.


THE RENEWED SUBSCRIPTION WILL LAST FOR A PERIOD EQUAL TO THE ORIGINAL TERM.

THE USER SHALL RECEIVE A REMINDER OF THE UPCOMING RENEWAL WITH REASONABLE ADVANCE, OUTLINING THE PROCEDURE TO BE FOLLOWED IN ORDER TO CANCEL THE AUTOMATIC RENEWAL.


TERMINATION.

RECURRING SUBSCRIPTIONS MAY BE TERMINATED AT ANY TIME.

AFTER one DAY OF SERVICE STILL NOT BEING PAID, SERVICE WILL BE INSTANTLY TERMINATED AND DATA WILL BE LOST.


TERMINATION NOTICE.

IF THE NOTICE OF TERMINATION IS RECEIVED BY THE OWNER BEFORE THE SUBSCRIPTION RENEWS, THE TERMINATION SHALL TAKE EFFECT AS SOON AS THE CURRENT PERIOD IS COMPLETED.


TERMS AND CONDITIONS APPLYING TO EXTRA FEATURES.

USERS THAT HAVE AN ACTIVE SUBSCRIPTION MAY PURCHASE SINGLE EXTRA ADD-ONS OR FEATURES, DESCRIBED IN THE RELEVANT SECTION OF CALIBERSERVERS.

UNLESS OTHERWISE SPECIFIED, SUCH EXTRAS ARE SUBJECT TO THE SAME TERMS APPLICABLE TO THE MAIN PRODUCT, INCLUDING ALL PROVISIONS OF THIS DOCUMENT.


CANCELLATION OF SERVICES AND REFUNDS.

CANCELLATION NOTICES FOR ALL SERVICES MUST BE GIVEN AT A MINIMUM OF 48 HOURS IN ADVANCE OF THE NEXT BILLING DATE. AN ACCOUNT CREDIT WILL BE GRANTED FOR EACH WHOLE UNUSED MONTH. NO CASH REFUNDS WILL BE GRANTED UNLESS A PAYMENT HAS BEEN TAKEN IN ERROR. REFUNDS FOR PREPAID SERVICES WILL ONLY BE GRANTED WHERE THERE IS A GENUINE IRRECONCILABLE PROBLEM WITH THE SERVICE AND AT MANAGEMENT'S DISCRETION.

SETUP FEES ARE NON-REFUNDABLE. ANY DISPUTES SHOULD BE EXPRESSED IN WRITING VIA A VALID WRITTEN CONTACT METHOD AS LISTED ON OUR CONTACT PAGE.

WE RESERVE THE RIGHT TO SEEK TO RECOVER ANY OUTSTANDING AMOUNTS DUE BY YOU BY OTHER MEANS, INCLUDING REFERRING THE DEBT TO AN EXTERNAL DEBT RECOVERY AGENT AND/OR BY TAKING APPROPRIATE LEGAL ACTION. IF YOUR OUTSTANDING PAYMENT IS REFERRED TO OUR EXTERNAL DEBT RECOVERY AGENT THEN YOU MAY BECOME LIABLE FOR ADDITIONAL FEES AND CHARGES AND YOU AGREE TO PAY SUCH CHARGES IN ADDITION TO THE OUTSTANDING AMOUNT OWED TO US.


OUR LIABILITY OF CONDITIONS OF SUPPLY.

WE DO NOT MONITOR AND WILL NOT HAVE ANY LIABILITY FOR YOUR MATERIAL OR ANY OTHER COMMUNICATION YOU TRANSMIT, OR ALLOW TO BE TRANSMITTED, BY VIRTUE OF THE HOSTING SERVICES.
ALL CONDITIONS, TERMS, REPRESENTATIONS AND WARRANTIES THAT ARE NOT EXPRESSLY SET OUT IN THESE TERMS AND CONDITIONS (OR THE DOCUMENTS REFERRED TO IN THEM) ARE HEREBY EXPRESSLY EXCLUDED.
WE WILL NOT BE RESPONSIBLE FOR THE FOLLOWING TYPES OF LOSSES (IN EACH CASE WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL) AND WHETHER THEY ARE CAUSED BY OUR NEGLIGENCE OR OTHERWISE:
LOSS OF INCOME OR REVENUE.
LOSS OF PROFITS OR CONTRACTS.
LOSS OF ANTICIPATED SAVINGS
LOSS OF GOODWILL
LOSS OF SOFTWARE OR DATA.
WASTED MANAGEMENT OR OFFICE TIME; AND FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
WASTED EXPENDITURE (SUCH AS PAY PER CLICK ADVERTISING COSTS)
IN NO EVENT SHALL WE BE LIABLE TO THE CUSTOMER FOR ANY LOSS OF BUSINESS, LOSS OF OPPORTUNITY OR LOSS OF PROFITS OR FOR ANY OTHER INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE WHATSOEVER. THIS SHALL APPLY EVEN WHERE SUCH A LOSS WAS REASONABLY FORESEEABLE OR WE HAD BEEN MADE AWARE OF THE POSSIBILITY OF THE CUSTOMER INCURRING SUCH A LOSS.
OUR MAXIMUM AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THE PERFORMANCE OR CONTEMPLATED PERFORMANCE OF THE CONTRACT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL IN NO CIRCUMSTANCES EXCEED ONE HUNDRED AND TEN (110) PER CENT OF THE PRICE YOU HAVE PAID TO US FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY IN QUESTION. ACCORDINGLY, YOU ARE ADVISED TO ACQUIRE BUSINESS INTERRUPTION INSURANCE, OR OTHER APPROPRIATE INSURANCE, TO PROTECT YOU AND YOUR BUSINESS IN THE EVENT OF INTERRUPTION OF THE SERVICES (IN PARTICULAR THE HOSTING SERVICE).
WHERE YOU BUY ANY PRODUCT OR SERVICE FROM A THIRD PARTY SELLER THROUGH FOLLOWING A LINK ON OUR WEBSITE TO SUCH THIRD PARTY’S WEBSITE, THE SELLER’S INDIVIDUAL LIABILITY WILL BE SET OUT IN THE SELLER’S TERMS AND CONDITIONS. YOU SHOULD CONSULT SUCH TERMS.


DURATION OF THE SERVICES AND CANCELLATION.

THAT PART OF THE CONTRACT RELATING TO SERVICES AND RENEWAL SERVICE WILL ALSO COMMENCE ON THE DATE WE SEND YOU OUR ACCEPTANCE CONFIRMATION. UNLESS SUCH SERVICES ARE TERMINATED AS PROVIDED IN THIS CLAUSE, THEY SHALL CONTINUE FOR THE MINIMUM PERIOD OF TIME THAT APPLIES TO THE SERVICE YOU HAVE PURCHASED (AS THESE ARE SET OUT ON OUR WEBSITE AND SUBSEQUENTLY CONFIRMED IN THE ACCEPTANCE CONFIRMATION) (“MINIMUM TERM”).

AFTER EXPIRY OF THE MINIMUM TERM, THEY WILL CONTINUE ON A MONTH TO MONTH BASIS UNTIL TERMINATED:

BY YOU, AS A CONSUMER, INFORMING US OF YOUR DECISION TO CANCEL THE CONTRACT BY A CLEAR STATEMENT (E.G. A LETTER SENT BY POST, FAX, E-MAIL, THROUGH OUR SUPPORT TICKET SYSTEM AND PROVIDING THIRTY (30) DAYS NOTICE.

BY YOU, AS A BUSINESS CUSTOMER, INFORMING US OF YOUR DECISION TO CANCEL THE CONTRACT BY CONTACTING OUR CUSTOMER SUPPORT DEPARTMENT VIA SUPPORT TICKET SYSTEM.

BY US GIVING TO YOU AT LEAST THIRTY (30) DAYS ADVANCED WRITTEN NOTICE SENT TO THE THEN CURRENT EMAIL ADDRESS REGISTERED AGAINST YOUR ACCOUNT.

BY EXERCISING YOUR RIGHT AS A CONSUMER, TO CANCEL THE CONTRACT(S) WITHIN THE “COOLING OFF PERIOD” I.E. WITHIN 14 (CALENDAR) DAYS OF PURCHASE. TO MEET THE CANCELLATION DEADLINE, IT IS SUFFICIENT FOR YOU TO SEND YOUR COMMUNICATION CONCERNING YOUR EXERCISE OF THE RIGHT TO CANCEL BEFORE THE CANCELLATION PERIOD HAS EXPIRED. PLEASE NOTE THAT THE COOLING OFF PERIOD ONLY APPLIES TO CONSUMERS, NOT BUSINESS CUSTOMERS.

AS PART OF OUR CANCELLATION PROCESS, WE WILL RESPOND TO YOU THROUGH OUR SUPPORT TICKET SYSTEM. YOU MUST CONFIRM YOUR CANCELLATION REQUEST VIA OUR SUPPORT TICKET SYSTEM OR WE WILL CONTINUE TO SUPPLY THE RELEVANT SERVICES AND YOUR CANCELLATION WILL BE INEFFECTIVE. YOU CANNOT CANCEL ANY OF YOUR SERVICES BY LETTER, EMAIL OR TELEPHONE. YOU WILL NOT RECEIVE ANY REFUND OF THE PRICE YOU HAVE PAID FOR THE SERVICES YOU HAVE CANCELLED.

THE MONTHLY PRICE FOR SERVICES WE SUPPLY UNDER CONTRACTS THAT CONTINUE ON A MONTH TO MONTH BASIS SHALL BE CHARGED MONTHLY IN ADVANCE DIRECTLY TO A CREDIT CARD, DEBIT CARD OR OTHER PAYMENT METHOD REGISTERED AGAINST YOUR ACCOUNT. SUCH PAYMENT WILL BE TAKEN ON THE SAME DATE OF THE MONTH AS ON WHICH THE SERVICES HAD ORIGINALLY COMMENCED (“PAYMENT DATE”) UNLESS OR UNTIL YOU CANCEL THE SERVICES IN ACCORDANCE. WE WILL NOT PROVIDE YOU WITH A REFUND FOR A CANCELLATION THAT IS PART-WAY THROUGH A BILLING PERIOD. WHERE THE PAYMENT DATE DOES NOT RECUR IN A PARTICULAR MONTH (E.G., 31 JANUARY, BUT THERE IS NO 31 FEBRUARY), YOU WILL BE CHARGED ON THE CLOSEST PRECEDING DATE TO THE PAYMENT DATE (E.G., 28 FEBRUARY) FOR THAT MONTH
WITHOUT PREJUDICE TO ANY OTHER RIGHT TO TERMINATE OR SUSPEND THE SERVICES WE MAY HAVE UNDER THESE TERMS, WE MAY TERMINATE THE CONTRACT AT ANY TIME BY GIVING YOU THIRTY (30) DAYS ADVANCE NOTICE BY EMAILING YOU AT THE EMAIL ADDRESS REGISTERED AGAINST YOUR ACCOUNT. IF WE CANCEL THE SERVICES, WE WILL REFUND TO YOU THE PRICE YOU HAVE PAID FOR THE SERVICES ON A PRO-RATA BASIS FOR THE UNEXPIRED MINIMUM TERM.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS AND CONDITIONS, IF YOU ARE IN BREACH OF AN OBLIGATION OF THESE TERMS AND CONDITIONS WE MAY TERMINATE AT OUR ABSOLUTE DISCRETION, TERMINATE OR SUSPEND WITHOUT NOTICE ANY INDIVIDUAL SERVICES WE PROVIDE TO YOU FROM TIME TO TIME.

EXPIRY OR TERMINATION OF THE CONTRACT SHALL BE WITHOUT PREJUDICE TO ANY RIGHTS AND LIABILITY OF EITHER OF US ARISING IN ANY WAY UNDER THAT CONTRACT AS AT THE DATE OF EXPIRY OR TERMINATION.
USER RIGHTS.


RIGHT OF WITHDRAWAL.

UNLESS EXCEPTIONS APPLY, THE USER MAY BE ELIGIBLE TO WITHDRAW FROM THE CONTRACT WITHIN THE PERIOD SPECIFIED BELOW (GENERALLY 14 DAYS), FOR ANY REASON AND WITHOUT JUSTIFICATION. USERS CAN LEARN MORE ABOUT THE WITHDRAWAL CONDITIONS WITHIN THIS SECTION.


WHO THE RIGHT OF WITHDRAWAL APPLIES TO.

UNLESS ANY APPLICABLE EXCEPTION IS MENTIONED BELOW, USERS WHO ARE EUROPEAN CONSUMERS ARE GRANTED A STATUTORY CANCELLATION RIGHT UNDER EU RULES, TO WITHDRAW FROM CONTRACTS ENTERED INTO ONLINE (DISTANCE CONTRACTS) WITHIN THE SPECIFIED PERIOD APPLICABLE TO THEIR CASE, FOR ANY REASON AND WITHOUT JUSTIFICATION.

USERS THAT DO NOT FIT THIS QUALIFICATION, CANNOT BENEFIT FROM THE RIGHTS DESCRIBED IN THIS SECTION.


EXERCISING THE RIGHT OF WITHDRAWAL.

TO EXERCISE THEIR RIGHT OF WITHDRAWAL, USERS MUST SEND TO THE OWNER AN UNEQUIVOCAL STATEMENT OF THEIR INTENTION TO WITHDRAW FROM THE CONTRACT.

TO THIS END, USERS MAY USE THE MODEL WITHDRAWAL FORM AVAILABLE FROM WITHIN THE “DEFINITIONS” SECTION OF THIS DOCUMENT. USERS ARE, HOWEVER, FREE TO EXPRESS THEIR INTENTION TO WITHDRAW FROM THE CONTRACT BY MAKING AN UNEQUIVOCAL STATEMENT IN ANY OTHER SUITABLE WAY. IN ORDER TO MEET THE DEADLINE WITHIN WHICH THEY CAN EXERCISE SUCH RIGHT, USERS MUST SEND THE WITHDRAWAL NOTICE BEFORE THE WITHDRAWAL PERIOD EXPIRES.


WHEN DOES THE WITHDRAWAL PERIOD EXPIRE?

REGARDING THE PURCHASE OF A SERVICE, THE WITHDRAWAL PERIOD EXPIRES 14 DAYS AFTER THE DAY THAT THE CONTRACT IS ENTERED INTO, UNLESS THE USER HAS WAIVED THE WITHDRAWAL RIGHT.
IN CASE OF PURCHASE OF A DIGITAL CONTENT NOT SUPPLIED IN A TANGIBLE MEDIUM, THE WITHDRAWAL PERIOD EXPIRES 14 DAYS AFTER THE DAY THAT THE CONTRACT IS ENTERED INTO, UNLESS THE USER HAS


WAIVED THE WITHDRAWAL RIGHT.

EFFECTS OF WITHDRAWAL.

USERS WHO CORRECTLY WITHDRAW FROM A CONTRACT WILL BE REIMBURSED BY THE OWNER FOR ALL PAYMENTS MADE TO THE OWNER, INCLUDING, IF ANY, THOSE COVERING THE COSTS OF DELIVERY.

HOWEVER, ANY ADDITIONAL COSTS RESULTING FROM THE CHOICE OF A PARTICULAR DELIVERY METHOD OTHER THAN THE LEAST EXPENSIVE TYPE OF STANDARD DELIVERY OFFERED BY THE OWNER, WILL NOT BE REIMBURSED.
SUCH REIMBURSEMENT SHALL BE MADE WITHOUT UNDUE DELAY AND, IN ANY EVENT, NO LATER THAN 14 DAYS FROM THE DAY ON WHICH THE OWNER IS INFORMED OF THE USER’S DECISION TO WITHDRAW FROM THE CONTRACT. UNLESS OTHERWISE AGREED WITH THE USER, REIMBURSEMENTS WILL BE MADE USING THE SAME MEANS OF PAYMENT AS USED TO PROCESS THE INITIAL TRANSACTION. IN ANY EVENT, THE USER SHALL NOT INCUR ANY COSTS OR FEES AS A RESULT OF SUCH REIMBURSEMENT.


ON THE PURCHASE OF SERVICES.

WHERE A USER EXERCISES THE RIGHT OF WITHDRAWAL AFTER HAVING REQUESTED THAT THE SERVICE BE PERFORMED BEFORE THE WITHDRAWAL PERIOD EXPIRES, THE USER SHALL PAY TO THE OWNER AN AMOUNT WHICH IS IN PROPORTION TO THE PART OF SERVICE PROVIDED.

SUCH PAYMENT SHALL BE CALCULATED BASED ON THE FEE CONTRACTUALLY AGREED UPON, AND BE PROPORTIONAL TO THE PART OF SERVICE PROVIDED UNTIL THE TIME THE USER WITHDRAWS, COMPARED WITH THE FULL COVERAGE OF THE CONTRACT.


GUARANTEES.

MONEY-BACK-GUARANTEE FOR ONLINE GOODS.

WITHOUT PREJUDICE TO ANY APPLICABLE STATUTORY RIGHTS, THE OWNER GRANTS USERS THE RIGHT TO CANCEL A PURCHASE THEY ARE UNSATISFIED WITH, AND OBTAIN A REFUND, WITHIN 2 DAYS FROM THE DAY ON WHICH THE PURCHASED GOODS HAVE BEEN DELIVERED.

THE OWNER SHALL REFUND THE PRICE OF THE PRODUCT PURCHASED USING THE SAME PAYMENT METHOD AS THE ORIGINAL TRANSACTION.

IN ORDER TO MAKE USE OF THIS RIGHT, USERS MUST SEND AN UNAMBIGUOUS NOTICE TO THE OWNER. WHILE A MOTIVATION IS NOT REQUIRED, USERS ARE KINDLY ASKED TO SPECIFY THE REASON WHY THEY ARE CLAIMING THE MONEY-BACK-GUARANTEE.

WITHIN THE SAME PERIOD OF TIME STATED ABOVE, USERS MUST ALSO RETURN THE PURCHASED GOODS TO THE OWNER AT THEIR OWN EXPENSE, MAKING SURE THAT THEY ARE UNDAMAGED, CLEAN AND FIT FOR RESALE.
GOODS MUST BE RETURNED INSIDE THE ORIGINAL PACKAGING.

UPON RECEIPT OF THE GOODS, THE OWNER WILL VERIFY THAT ALL CONDITIONS APPLICABLE TO THE MONEY-BACK-GUARANTEE ARE FULFILLED AND, IF SO, REFUND THE PURCHASE PRICE.


MONEY-BACK-GUARANTEE FOR SERVICES.

WITHOUT PREJUDICE TO ANY APPLICABLE STATUTORY RIGHTS, THE OWNER GRANTS USERS THE RIGHT TO CANCEL THE PURCHASE OF A SERVICE THEY ARE UNSATISFIED WITH, AND OBTAIN A REFUND, WITHIN 2 DAYS FROM THE DAY ON WHICH THE CONTRACT WAS ENTERED INTO.

THE OWNER SHALL REFUND THE PRICE OF THE PRODUCT PURCHASED USING THE SAME PAYMENT METHOD AS THE ORIGINAL TRANSACTION.

IN ORDER TO MAKE USE OF THIS RIGHT, USERS MUST SEND AN UNAMBIGUOUS NOTICE TO THE OWNER. WHILE A MOTIVATION IS NOT REQUIRED, USERS ARE KINDLY ASKED TO SPECIFY THE REASON WHY THEY ARE CLAIMING THE MONEY-BACK-GUARANTEE.

UPON RECEIPT OF SUCH NOTICE, THE OWNER WILL VERIFY THAT ALL CONDITIONS APPLICABLE TO THE MONEY-BACK-GUARANTEE ARE FULFILLED AND, IF SO, REFUND THE PURCHASE PRICE. IN THIS CASE, USERS WILL NO LONGER HAVE ACCESS TO THE PURCHASED SERVICE.


LIABILITY AND INDEMNIFICATION.

EU USERS.

INDEMNIFICATION.

THE USER AGREES TO INDEMNIFY AND HOLD THE OWNER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, PARTNERS AND EMPLOYEES HARMLESS FROM AND AGAINST ANY CLAIM OR DEMAND ⁠— INCLUDING BUT NOT LIMITED TO LAWYER'S FEES AND COSTS ⁠— MADE BY ANY THIRD PARTY DUE TO OR IN RELATION WITH ANY CULPABLE USE OF OR CONNECTION TO THE SERVICE, VIOLATION OF THESE TERMS, INFRINGEMENT OF ANY THIRD-PARTY RIGHTS OR STATUTORY PROVISION BY THE USER OR ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, PARTNERS AND EMPLOYEES TO THE EXTENT ALLOWED BY APPLICABLE LAW.

EXTENDED LIMITATION OF LIABILITY FOR USER ACTIVITIES ON CALIBERSERVERS.

USERS ACKNOWLEDGE AND ACCEPT THAT THE OWNER MERELY PROVIDES USERS WITH THE TECHNICAL INFRASTRUCTURE AND FEATURES INCORPORATED IN CALIBERSERVERS.

THE OWNER DOES NOT INTERMEDIATE, MODERATE, PROMOTE OR INTERVENE IN INTERACTIONS, AGREEMENTS OR TRANSACTIONS BETWEEN USERS AND THEREFORE BEARS NO LIABILITY FOR ANY SUCH INTERACTIONS AMONG USERS, INCLUDING THE PERFORMANCE OF ANY USERS' OBLIGATIONS.


EXTENDED LIMITATION OF LIABILITY.

UNLESS OTHERWISE EXPLICITLY STATED AND WITHOUT PREJUDICE TO APPLICABLE STATUTORY PRODUCT LIABILITY PROVISIONS, USERS SHALL HAVE NO RIGHT TO CLAIM DAMAGES AGAINST THE OWNER (OR ANY NATURAL OR LEGAL PERSON ACTING ON ITS BEHALF).

THIS DOES NOT APPLY TO DAMAGES TO LIFE, HEALTH OR PHYSICAL INTEGRITY, DAMAGES RESULTING FROM THE BREACH OF AN ESSENTIAL CONTRACTUAL OBLIGATION SUCH AS ANY OBLIGATION STRICTLY NECESSARY TO ACHIEVE THE PURPOSE OF THE CONTRACT, AND/OR DAMAGES RESULTING FROM INTENT OR GROSS NEGLIGENCE, AS LONG AS CALIBERSERVERS HAS BEEN APPROPRIATELY AND CORRECTLY USED BY THE USER.

UNLESS DAMAGES HAVE BEEN CAUSED BY WAY OF INTENT OR GROSS NEGLIGENCE, OR THEY AFFECT LIFE, HEALTH OR PHYSICAL INTEGRITY, THE OWNER SHALL ONLY BE LIABLE TO THE EXTENT OF TYPICAL AND FORESEEABLE DAMAGES AT THE MOMENT THE CONTRACT WAS ENTERED INTO.

IN PARTICULAR, WITHIN THE LIMITS STATED ABOVE, THE OWNER SHALL NOT BE LIABLE FOR:
ANY LOSS OF BUSINESS OPPORTUNITIES AND ANY OTHER LOSS, EVEN INDIRECT, THAT MAY BE INCURRED BY THE USER (SUCH AS, BUT NOT LIMITED TO, TRADING LOSSES, LOSS OF REVENUE, INCOME, PROFITS OR ANTICIPATED SAVINGS, LOSS OF CONTRACTS OR BUSINESS RELATIONSHIPS, LOSS OF REPUTATION OR GOODWILL, ETC.);

DAMAGES OR LOSSES RESULTING FROM INTERRUPTIONS OR MALFUNCTIONS OF CALIBERSERVERS DUE TO ACTS OF FORCE MAJEURE, OR UNFORESEEN AND UNFORESEEABLE EVENTS AND, IN ANY CASE, INDEPENDENT OF THE WILL AND BEYOND THE CONTROL OF THE OWNER, SUCH AS, BUT NOT LIMITED TO, FAILURES OR DISRUPTIONS OF TELEPHONE OR ELECTRICAL LINES, THE INTERNET AND / OR OTHER MEANS OF TRANSMISSION, UNAVAILABILITY OF WEBSITES, STRIKES, NATURAL DISASTERS, VIRUSES AND CYBER ATTACKS, INTERRUPTIONS IN THE DELIVERY OF PRODUCTS, THIRD-PARTY SERVICES OR APPLICATIONS;
ANY LOSSES THAT ARE NOT THE DIRECT CONSEQUENCE OF A BREACH OF THE TERMS BY THE OWNER;
ANY DAMAGE, PREJUDICE OR LOSS OCCURRING DUE TO VIRUSES OR OTHER MALWARE CONTAINED IN OR CONNECTED TO FILES AVAILABLE FOR DOWNLOAD FROM THE INTERNET OR VIA CALIBERSERVERS. USERS ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT SECURITY MEASURES – SUCH AS ANTI-VIRUSES AND FIREWALLS TO PREVENT ANY SUCH INFECTION OR ATTACK AND FOR SECURING BACKUP COPIES OF ALL DATA OR INFORMATION EXCHANGED VIA OR UPLOADED TO CALIBERSERVERS.
AUSTRALIAN USERS.


EXTENDED LIMITATION OF LIABILITY.

NOTHING IN THESE TERMS EXCLUDES, RESTRICTS OR MODIFIES ANY GUARANTEE, CONDITION, WARRANTY, RIGHT OR REMEDY WHICH THE USER MAY HAVE UNDER THE COMPETITION AND CONSUMER ACT 2010 (CTH) OR ANY SIMILAR STATE AND TERRITORY LEGISLATION AND WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED (NON-EXCLUDABLE RIGHT). TO THE FULLEST EXTENT PERMITTED BY LAW, OUR LIABILITY TO THE USER, INCLUDING LIABILITY FOR A BREACH OF A NON-EXCLUDABLE RIGHT AND LIABILITY WHICH IS NOT OTHERWISE EXCLUDED UNDER THESE TERMS OF USE, IS LIMITED, AT THE OWNER’S SOLE DISCRETION, TO THE RE-PERFORMANCE OF THE SERVICES OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.


US USERS.

DISCLAIMER OF WARRANTIES.

CALIBERSERVERS IS PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT USERS’ OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OWNER EXPRESSLY DISCLAIMS ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES — WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM OWNER OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

WITHOUT LIMITING THE FOREGOING, THE OWNER, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, PARTNERS, SUPPLIERS AND EMPLOYEES DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET USERS’ REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT USERS OWN RISK AND USERS SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USERS’ COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR USERS’ USE OF THE SERVICE.

THE OWNER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND THE OWNER SHALL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN USERS AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

THE SERVICE MAY BECOME INACCESSIBLE OR IT MAY NOT FUNCTION PROPERLY WITH USERS’ WEB BROWSER, MOBILE DEVICE, AND/OR OPERATING SYSTEM. THE OWNER CANNOT BE HELD LIABLE FOR ANY PERCEIVED OR ACTUAL DAMAGES ARISING FROM SERVICE CONTENT, OPERATION, OR USE OF THIS SERVICE.

FEDERAL LAW, SOME STATES, AND OTHER JURISDICTIONS, DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES. THE ABOVE EXCLUSIONS MAY NOT APPLY TO USERS. THIS AGREEMENT GIVES USERS SPECIFIC LEGAL RIGHTS, AND USERS MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.


EXTENDED LIMITATIONS OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE OWNER, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, PARTNERS, SUPPLIERS AND EMPLOYEES BE LIABLE FOR:
ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE; AND
ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR USER ACCOUNT OR THE INFORMATION CONTAINED THEREIN;
ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USER ACCESS TO OR USE OF THE SERVICE;
ANY UNAUTHORIZED ACCESS TO OR USE OF THE OWNER’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN;
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE;
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE;
ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY. IN NO EVENT SHALL THE OWNER, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, PARTNERS, SUPPLIERS AND EMPLOYEES BE LIABLE FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT PAID BY USER TO THE OWNER HEREUNDER IN THE PRECEDING 12 MONTHS, OR THE PERIOD OF DURATION OF THIS AGREEMENT BETWEEN THE OWNER AND USER, WHICHEVER IS SHORTER.
THIS LIMITATION OF LIABILITY SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO USER. THE TERMS GIVE USER SPECIFIC LEGAL RIGHTS, AND USER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THE TERMS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.


INDEMNIFICATION.

THE USER AGREES TO DEFEND, INDEMNIFY AND HOLD THE OWNER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, PARTNERS, SUPPLIERS AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS OR DEMANDS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, LEGAL FEES AND EXPENSES, ARISING FROM:
USER’S USE OF AND ACCESS TO THE SERVICE, INCLUDING ANY DATA OR CONTENT TRANSMITTED OR RECEIVED BY USER;
USER’S VIOLATION OF THESE TERMS, INCLUDING, BUT NOT LIMITED TO, USER’S BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES SET FORTH IN THESE TERMS;
USER’S VIOLATION OF ANY THIRD-PARTY RIGHTS, INCLUDING, BUT NOT LIMITED TO, ANY RIGHT OF PRIVACY OR INTELLECTUAL PROPERTY RIGHTS;
USER’S VIOLATION OF ANY STATUTORY LAW, RULE, OR REGULATION;
ANY CONTENT THAT IS SUBMITTED FROM USER’S ACCOUNT, INCLUDING THIRD PARTY ACCESS WITH USER’S UNIQUE USERNAME, PASSWORD OR OTHER SECURITY MEASURE, IF APPLICABLE, INCLUDING, BUT NOT LIMITED TO, MISLEADING, FALSE, OR INACCURATE INFORMATION;
USER’S WILFUL MISCONDUCT; OR STATUTORY PROVISION BY USER OR ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, PARTNERS, SUPPLIERS AND EMPLOYEES TO THE EXTENT ALLOWED BY APPLICABLE LAW.


COMMON PROVISIONS

WAIVER.

IF WE FAIL, AT ANY TIME DURING THE CONTRACT, TO INSIST UPON STRICT PERFORMANCE OF ANY OF YOUR OBLIGATIONS UNDER THE CONTRACT OR ANY OF THESE TERMS AND CONDITIONS, OR IF WE FAIL TO EXERCISE ANY OF THE RIGHTS OR REMEDIES TO WHICH WE ARE ENTITLED UNDER THE CONTRACT, THIS SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHTS OR REMEDIES AND SHALL NOT RELIEVE YOU FROM COMPLIANCE WITH SUCH OBLIGATIONS.

A WAIVER BY US OF ANY DEFAULT SHALL NOT CONSTITUTE A WAIVER OF ANY SUBSEQUENT DEFAULT.
NO WAIVER BY US OF ANY OF THESE TERMS AND CONDITIONS SHALL BE EFFECTIVE UNLESS IT IS EXPRESSLY STATED TO BE A WAIVER AND IS COMMUNICATED TO YOU IN WRITING.
SERVICE INTERRUPTION.

TO ENSURE THE BEST POSSIBLE SERVICE LEVEL, THE OWNER RESERVES THE RIGHT TO INTERRUPT THE SERVICE FOR MAINTENANCE, SYSTEM UPDATES OR ANY OTHER CHANGES, INFORMING THE USERS APPROPRIATELY.
WITHIN THE LIMITS OF LAW, THE OWNER MAY ALSO DECIDE TO SUSPEND OR TERMINATE THE SERVICE ALTOGETHER. IF THE SERVICE IS TERMINATED, THE OWNER WILL COOPERATE WITH USERS TO ENABLE THEM TO WITHDRAW PERSONAL DATA OR INFORMATION IN ACCORDANCE WITH APPLICABLE LAW.

ADDITIONALLY, THE SERVICE MIGHT NOT BE AVAILABLE DUE TO REASONS OUTSIDE THE OWNER’S REASONABLE CONTROL, SUCH AS “FORCE MAJEURE” (EG. LABOR ACTIONS, INFRASTRUCTURAL BREAKDOWNS OR BLACKOUTS ETC).


EVENTS OUTSIDE OUR CONTROL.

WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM, OR DELAY IN PERFORMANCE OF, ANY OF OUR OBLIGATIONS UNDER THE CONTRACT THAT IS CAUSED BY EVENTS OUTSIDE OUR REASONABLE CONTROL (“FORCE MAJEURE EVENT”).

A FORCE MAJEURE EVENT INCLUDES ANY ACT, EVENT, NON-HAPPENING, OMISSION OR ACCIDENT BEYOND OUR REASONABLE CONTROL AND INCLUDES IN PARTICULAR (WITHOUT LIMITATION) THE FOLLOWING:
MISUSE, ALTERATION OR INTERFERENCE BY YOU OR ANY THIRD PARTY OF OUR SERVERS OR SYSTEMS (INCLUDING VIRUS AND HACKER ATTACKS);
STRIKES, LOCK-OUTS OR OTHER INDUSTRIAL ACTION;
CIVIL COMMOTION, RIOT, INVASION, TERRORIST ATTACK OR THREAT OF TERRORIST ATTACK, WAR (WHETHER DECLARED OR NOT) OR THREAT OR PREPARATION FOR WAR;
FIRE, EXPLOSION, STORM, FLOOD, EARTHQUAKE, SUBSIDENCE, EPIDEMIC OR OTHER NATURAL DISASTER;
IMPOSSIBILITY OF THE USE OF PUBLIC OR PRIVATE TELECOMMUNICATIONS NETWORKS; AND
THE ACTS, DECREES, LEGISLATION, REGULATIONS OR RESTRICTIONS OF ANY GOVERNMENT.
OUR PERFORMANCE UNDER THE CONTRACT WILL BE DEEMED TO BE SUSPENDED FOR THE PERIOD THAT THE FORCE MAJEURE EVENT CONTINUES, AND WE WILL HAVE AN EXTENSION OF TIME FOR PERFORMANCE FOR THE DURATION OF THAT PERIOD. WE WILL USE OUR REASONABLE ENDEAVOURS TO BRING THE FORCE MAJEURE EVENT TO A CLOSE OR TO FIND A SOLUTION BY WHICH OUR OBLIGATIONS UNDER THE CONTRACT MAY BE PERFORMED DESPITE THE FORCE MAJEURE EVENT.


SERVICE RESELLING.

USERS MAY NOT REPRODUCE, DUPLICATE, COPY, SELL, RESELL OR EXPLOIT ANY PORTION OF CALIBERSERVERS AND OF ITS SERVICE WITHOUT THE OWNER’S EXPRESS PRIOR WRITTEN PERMISSION, GRANTED EITHER DIRECTLY OR THROUGH A LEGITIMATE RESELLING PROGRAM.
PRIVACY POLICY.

TO LEARN MORE ABOUT THE USE OF THEIR PERSONAL DATA, USERS MAY REFER TO THE PRIVACY POLICY OF CALIBERSERVERS.


INTELLECTUAL PROPERTY RIGHTS.

YOU, OR YOUR LICENSOR, RETAIN ALL INTELLECTUAL PROPERTY RIGHTS IN YOUR MATERIAL, AND YOU GRANT TO US A WORLDWIDE, NON-EXCLUSIVE, ROYALTY FREE LICENCE TO USE, STORE AND MAINTAIN YOUR MATERIAL ON OUR SERVERS AND PUBLISH YOUR MATERIAL ON THE INTERNET FOR THE PURPOSE OF PROVIDING THE HOSTING SERVICE TO YOU. YOU WARRANT THAT YOUR MATERIAL DOES NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY AND YOU HAVE THE AUTHORITY TO GRANT THE LICENCE IN THIS CLAUSE 16.1 TO US. WE MAY MAKE SUCH COPIES AS MAY BE NECESSARY TO PERFORM OUR OBLIGATIONS, INCLUDING MAKING BACK-UP COPIES OF YOUR MATERIAL.

YOU WILL DEFEND, INDEMNIFY AND HOLD US HARMLESS AGAINST CLAIMS, ACTIONS, PROCEEDINGS, LOSSES, DAMAGES, EXPENSES AND COSTS (INCLUDING WITHOUT LIMITATION COURT COSTS AND REASONABLE LEGAL FEES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR OF ANY CLAIM OR ACTION THAT YOUR MATERIAL INFRINGES, OR ALLEGEDLY INFRINGES, THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.

IF YOU DOWNLOAD SOFTWARE WE OWN FROM OUR WEBSITE, WE GRANT YOU A NON-EXCLUSIVE, NON-TRANSFERABLE ROYALTY FREE LICENCE TO USE THAT SOFTWARE FOR THE PURPOSE SET OUT ON OUR WEBSITE IN RELATION TO THAT SOFTWARE. SUCH LICENCE WILL AUTOMATICALLY TERMINATE WHEN WE STOP PROVIDING THE HOSTING SERVICES TO YOU.

ANY THIRD PARTY SOFTWARE THAT YOU DOWNLOAD FROM OUR WEBSITE SHALL BE LICENSED TO YOU ON THE STANDARD SOFTWARE LICENCE TERMS OF THE OWNER OF THE INTELLECTUAL PROPERTY RIGHTS IN THAT THIRD PARTY SOFTWARE AS THOSE LICENCE TERMS ARE NOTIFIED TO YOU AT THE TIME YOU DOWNLOAD SUCH SOFTWARE.

WE RETAIN ALL INTELLECTUAL PROPERTY RIGHTS IN THE HOSTING SERVICES (OTHER THAN IN YOUR MATERIAL) AND OUR SOFTWARE. ACCORDINGLY, YOU MUST NOT DECOMPILE, DISASSEMBLE OR REVERSE ENGINEER THE HOSTING SERVICES OR OUR SOFTWARE.


CHANGES TO THESE TERMS.

THE OWNER RESERVES THE RIGHT TO AMEND OR OTHERWISE MODIFY THESE TERMS AT ANY TIME. IN SUCH CASES, THE OWNER WILL APPROPRIATELY INFORM THE USER OF THESE CHANGES.

SUCH CHANGES WILL ONLY AFFECT THE RELATIONSHIP WITH THE USER FOR THE FUTURE.

THE CONTINUED USE OF THE SERVICE WILL SIGNIFY THE USER’S ACCEPTANCE OF THE REVISED TERMS. IF USERS DO NOT WISH TO BE BOUND BY THE CHANGES, THEY MUST STOP USING THE SERVICE. FAILURE TO ACCEPT THE REVISED TERMS, MAY ENTITLE EITHER PARTY TO TERMINATE THE AGREEMENT.

THE APPLICABLE PREVIOUS VERSION WILL GOVERN THE RELATIONSHIP PRIOR TO THE USER'S ACCEPTANCE. THE USER CAN OBTAIN ANY PREVIOUS VERSION FROM THE OWNER.

IF REQUIRED BY APPLICABLE LAW, THE OWNER WILL SPECIFY THE DATE BY WHICH THE MODIFIED TERMS WILL ENTER INTO FORCE.


ASSIGNMENT OF CONTRACT.

THE OWNER RESERVES THE RIGHT TO TRANSFER, ASSIGN, DISPOSE OF BY NOVATION, OR SUBCONTRACT ANY OR ALL RIGHTS OR OBLIGATIONS UNDER THESE TERMS, TAKING THE USER’S LEGITIMATE INTERESTS INTO ACCOUNT.
PROVISIONS REGARDING CHANGES OF THESE TERMS WILL APPLY ACCORDINGLY.

USERS MAY NOT ASSIGN OR TRANSFER THEIR RIGHTS OR OBLIGATIONS UNDER THESE TERMS IN ANY WAY, WITHOUT THE WRITTEN PERMISSION OF THE OWNER.


SEVERABILITY.

SHOULD ANY PROVISION OF THESE TERMS BE DEEMED OR BECOME INVALID OR UNENFORCEABLE UNDER APPLICABLE LAW, THE INVALIDITY OR UNENFORCEABILITY OF SUCH PROVISION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PROVISIONS, WHICH SHALL REMAIN IN FULL FORCE AND EFFECT.
LIABILITY FOR DAMAGES. 

WE WILL NOT BE LIABLE TO YOU IN CONTRACT OR IN TORT OR OUT OF BREACH OF STATUTORY DUTY OR CUSTOM OR IN ANY OTHER WAY FOR ANY LOSS, DAMAGE OR INCONVENIENCE INCURRED HOWSOEVER ARISING EXCEPT TO THE EXTENT THAT THERE HAS BEEN NEGLIGENCE ON OUR PART OR FRAUD ON OUR PART, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL BE UNDER NO LIABILITY OF ANY SORT, HOWEVER ARISING OR CAUSED TO YOU, AND SHALL NOT IN ANY CIRCUMSTANCES, IN PARTICULAR WHETHER WE WERE NEGLIGENT OR NOT, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL AGGRAVATED, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER IN CONTRACT OR IN TORT OR OUT OF BREACH OF STATUTORY DUTY OR CUSTOM OR IN ANY OTHER WAY. WE WILL NOT BE LIABLE TO YOU, IN ANY CIRCUMSTANCES, IN PARTICULAR WHETHER WE WERE NEGLIGENT OR NOT FOR ANY LOSS OR DAMAGE SUFFERED BY YOU RESULTING FROM.


ENTIRE AGREEMENT.

THESE TERMS AND CONDITIONS AND ANY DOCUMENT EXPRESSLY REFERRED TO IN THEM REPRESENT THE ENTIRE AGREEMENT BETWEEN US BOTH IN RELATION TO THE SUBJECT MATTER OF ANY CONTRACT AND SUPERSEDE ANY PRIOR AGREEMENT, UNDERSTANDING OR ARRANGEMENT BETWEEN US, WHETHER ORAL OR IN WRITING.

NEITHER OF US SHALL HAVE ANY REMEDY IN RESPECT OF ANY UNTRUE STATEMENT MADE BY THE OTHER, WHETHER ORALLY OR IN WRITING, PRIOR TO THE DATE OF ANY CONTRACT (UNLESS SUCH UNTRUE STATEMENT WAS MADE FRAUDULENTLY) AND THE OTHER PARTY’S ONLY REMEDY SHALL BE FOR BREACH OF CONTRACT AS PROVIDED IN THESE TERMS AND CONDITIONS.


OUR RIGHT TO VARY THESE TERMS AND CONDITIONS.

WE HAVE THE RIGHT TO REVISE AND AMEND THESE TERMS AND CONDITIONS FROM TIME TO TIME TO REFLECT CHANGES IN MARKET CONDITIONS AFFECTING OUR BUSINESS, CHANGES IN TECHNOLOGY, CHANGES IN PAYMENT METHODS, CHANGES IN RELEVANT LAWS AND REGULATORY REQUIREMENTS AND CHANGES IN OUR SYSTEM’S CAPABILITIES.

NO VARIATION OF THESE TERMS AND CONDITIONS SHALL BE VALID UNLESS IT IS IN WRITING AND SIGNED ON OUR BEHALF.


ADDITIONAL TERMS.

ADDITIONAL TERMS AND CONDITIONS MAY APPLY FOR OUR OFFERS. IF SO, YOU WILL BE ADVISED OF THEM AT THE RELEVANT POINT.

THE CONTRACT IS BINDING ON YOU AND US AND ON OUR RESPECTIVE SUCCESSORS AND ASSIGNS.
NEITHER YOU NOR WE INTEND THAT ANY TERM OF THE CONTRACT WILL BE ENFORCEABLE BY VIRTUE OF THE CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999 BY ANY PERSON THAT IS NOT A PARTY TO IT.

YOU MAY NOT TRANSFER, ASSIGN, CHARGE OR OTHERWISE DISPOSE OF THE CONTRACT, OR ANY OF YOUR RIGHTS OR OBLIGATIONS ARISING UNDER IT, WITHOUT OUR PRIOR WRITTEN CONSENT.
WRITTEN COMMUNICATIONS.

APPLICABLE LAWS REQUIRE THAT SOME OF THE INFORMATION OR COMMUNICATIONS WE SEND TO YOU SHOULD BE IN WRITING. WHEN USING OUR WEBSITE, YOU ACCEPT THAT COMMUNICATION WITH US WILL BE MAINLY ELECTRONIC. WE WILL CONTACT YOU BY E-MAIL OR PROVIDE YOU WITH INFORMATION BY POSTING NOTICES ON OUR WEBSITE. FOR CONTRACTUAL PURPOSES, YOU AGREE TO THIS ELECTRONIC MEANS OF COMMUNICATION AND YOU ACKNOWLEDGE THAT ALL CONTRACTS, NOTICES, INFORMATION AND OTHER COMMUNICATIONS THAT WE PROVIDE TO YOU ELECTRONICALLY COMPLY WITH ANY LEGAL REQUIREMENT THAT SUCH COMMUNICATIONS BE IN WRITING. THIS CONDITION DOES NOT AFFECT YOUR STATUTORY RIGHTS.
US USERS.

ANY SUCH INVALID OR UNENFORCEABLE PROVISION WILL BE INTERPRETED, CONSTRUED AND REFORMED TO THE EXTENT REASONABLY REQUIRED TO RENDER IT VALID, ENFORCEABLE AND CONSISTENT WITH ITS ORIGINAL INTENT.

THESE TERMS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN USERS AND THE OWNER WITH RESPECT TO THE SUBJECT MATTER HEREOF, AND SUPERSEDE ALL OTHER COMMUNICATIONS, INCLUDING BUT NOT LIMITED TO ALL PRIOR AGREEMENTS, BETWEEN THE PARTIES WITH RESPECT TO SUCH SUBJECT MATTER. THESE TERMS WILL BE ENFORCED TO THE FULLEST EXTENT PERMITTED BY LAW.


EU USERS.

SHOULD ANY PROVISION OF THESE TERMS BE OR BE DEEMED VOID, INVALID OR UNENFORCEABLE, THE PARTIES SHALL DO THEIR BEST TO FIND, IN AN AMICABLE WAY, AN AGREEMENT ON VALID AND ENFORCEABLE PROVISIONS THEREBY SUBSTITUTING THE VOID, INVALID OR UNENFORCEABLE PARTS.
IN CASE OF FAILURE TO DO SO, THE VOID, INVALID OR UNENFORCEABLE PROVISIONS SHALL BE REPLACED BY THE APPLICABLE STATUTORY PROVISIONS, IF SO PERMITTED OR STATED UNDER THE APPLICABLE LAW.
WITHOUT PREJUDICE TO THE ABOVE, THE NULLITY, INVALIDITY OR THE IMPOSSIBILITY TO ENFORCE A PARTICULAR PROVISION OF THESE TERMS SHALL NOT NULLIFY THE ENTIRE AGREEMENT, UNLESS THE SEVERED PROVISIONS ARE ESSENTIAL TO THE AGREEMENT, OR OF SUCH IMPORTANCE THAT THE PARTIES WOULD NOT HAVE ENTERED INTO THE CONTRACT IF THEY HAD KNOWN THAT THE PROVISION WOULD NOT BE VALID, OR IN CASES WHERE THE REMAINING PROVISIONS WOULD TRANSLATE INTO AN UNACCEPTABLE HARDSHIP ON ANY OF THE PARTIES.


NOTICES.

ALL NOTICES GIVEN BY YOU TO US MUST BE GIVEN THOUGH OUR SUPPORT TICKET SYSTEM. WE MAY GIVE NOTICE TO YOU AT EITHER THE THEN CURRENT E-MAIL OR POSTAL ADDRESS REGISTERED AGAINST YOUR ACCOUNT WITH US.


OBLIGATIONS.

NEITHER YOU NOR WE INTEND THAT ANY TERM OF THE CONTRACT WILL BE ENFORCEABLE BY VIRTUE OF THE CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999 BY ANY PERSON THAT IS NOT A PARTY TO IT.
YOU MAY NOT TRANSFER, ASSIGN, CHARGE OR OTHERWISE DISPOSE OF THE CONTRACT, OR ANY OF YOUR RIGHTS OR OBLIGATIONS ARISING UNDER IT, WITHOUT OUR PRIOR WRITTEN CONSENT.


GOVERNING LAW.

THESE TERMS ARE GOVERNED BY THE LAW OF THE PLACE WHERE THE OWNER IS BASED (PORTUGAL), AS DISCLOSED IN THE RELEVANT SECTION OF THIS DOCUMENT, WITHOUT REGARD TO CONFLICT OF LAWS PRINCIPLES.


EXCEPTION FOR EUROPEAN CONSUMERS.

HOWEVER, REGARDLESS OF THE ABOVE, IF THE USER QUALIFIES AS A EUROPEAN CONSUMER AND HAS THEIR HABITUAL RESIDENCE IN A COUNTRY WHERE THE LAW PROVIDES FOR A HIGHER CONSUMER PROTECTION STANDARD, SUCH HIGHER STANDARDS SHALL PREVAIL.


VENUE OF JURISDICTION.

THE EXCLUSIVE COMPETENCE TO DECIDE ON ANY CONTROVERSY RESULTING FROM OR CONNECTED TO THESE TERMS LIES WITH THE COURTS OF THE PLACE WHERE THE OWNER IS BASED (PORTUGAL), AS DISPLAYED IN THE RELEVANT SECTION OF THIS DOCUMENT.


EXCEPTION FOR EUROPEAN CONSUMERS.

THE ABOVE DOES NOT APPLY TO ANY USERS THAT QUALIFY AS EUROPEAN CONSUMERS, NOR TO CONSUMERS BASED IN SWITZERLAND, NORWAY OR ICELAND.


DISPUTE RESOLUTION.

AMICABLE DISPUTE RESOLUTION.

USERS MAY BRING ANY DISPUTES TO THE OWNER WHO WILL TRY TO RESOLVE THEM AMICABLY.
WHILE USERS' RIGHT TO TAKE LEGAL ACTION SHALL ALWAYS REMAIN UNAFFECTED, IN THE EVENT OF ANY CONTROVERSY REGARDING THE USE OF CALIBERSERVERS OR THE SERVICE, USERS ARE KINDLY ASKED TO CONTACT THE OWNER AT THE CONTACT DETAILS PROVIDED IN THIS DOCUMENT.
THE USER MAY SUBMIT THE COMPLAINT INCLUDING A BRIEF DESCRIPTION AND IF APPLICABLE, THE DETAILS OF THE RELATED ORDER, PURCHASE, OR ACCOUNT, TO THE OWNER’S EMAIL ADDRESS SPECIFIED IN THIS DOCUMENT.

THE OWNER WILL PROCESS THE COMPLAINT WITHOUT UNDUE DELAY AND WITHIN 21 DAYS OF RECEIVING IT.
AMICABLE RESOLUTION OF DISPUTES BETWEEN USERS.

USERS MAY BRING DISPUTES WITH OTHER USERS RESULTING FROM THEIR INTERACTION VIA CALIBERSERVERS TO THE OWNER, WHO WILL THEN TRY TO MEDIATE THE CONFLICT IN ORDER TO ACHIEVE AN AMICABLE SOLUTION. WHILE USERS' RIGHT TO TAKE LEGAL ACTION SHALL ALWAYS REMAIN UNAFFECTED, IF ANY SUCH CONTROVERSY BETWEEN USERS SHOULD ARISE IN CONNECTION WITH USING CALIBERSERVERS OR THE SERVICE, USERS ARE KINDLY ASKED TO CONTACT THE OWNER AT THE CONTACT DETAILS PROVIDED IN THIS DOCUMENT.


ONLINE DISPUTE RESOLUTION FOR CONSUMERS.

THE EUROPEAN COMMISSION HAS ESTABLISHED AN ONLINE PLATFORM FOR ALTERNATIVE DISPUTE RESOLUTIONS THAT FACILITATES AN OUT-OF-COURT METHOD FOR SOLVING ANY DISPUTE RELATED TO AND STEMMING FROM ONLINE SALE AND SERVICE CONTRACTS.

AS A RESULT, ANY EUROPEAN CONSUMER CAN USE SUCH PLATFORM FOR RESOLVING ANY DISPUTE STEMMING FROM CONTRACTS WHICH HAVE BEEN ENTERED INTO ONLINE.


DEFINITIONS AND LEGAL REFERENCES.

CALIBERSERVERS (OR THIS APPLICATION).

THE PROPERTY THAT ENABLES THE PROVISION OF THE SERVICE.


AGREEMENT.

ANY LEGALLY BINDING OR CONTRACTUAL RELATIONSHIP BETWEEN THE OWNER AND THE USER, GOVERNED BY THESE TERMS.


BUSINESS USER.

ANY USER THAT DOES NOT QUALIFY AS A CONSUMER.


COUPON.

ANY CODE OR VOUCHER, IN PRINT OR ELECTRONIC FORM, WHICH ALLOWS THE USER TO PURCHASE THE PRODUCT AT A DISCOUNTED PRICE.


EUROPEAN (OR EUROPE).

APPLIES WHERE A USER IS PHYSICALLY PRESENT OR HAS THEIR REGISTERED OFFICES WITHIN THE EU, REGARDLESS OF NATIONALITY.


EXAMPLE WITHDRAWAL FORM

ADDRESSED TO: ADMIN@CALIBERSERVERS.COM
I/WE HEREBY GIVE NOTICE THAT I/WE WITHDRAW FROM MY/OUR CONTRACT OF SALE OF THE FOLLOWING GOODS/FOR THE PROVISION OF THE FOLLOWING SERVICE:
_____________________________________________ (INSERT A DESCRIPTION OF THE ONLINE GOODS/SERVICES THAT ARE SUBJECT TO THE RESPECTIVE WITHDRAWAL)
ORDERED ON: _____________________________________________ (INSERT THE DATE)
RECEIVED ON: _____________________________________________ (INSERT THE DATE)
NAME OF CONSUMER(S):_____________________________________________
ADDRESS OF CONSUMER(S):_____________________________________________
DATE: _____________________________________________
(SIGN IF THIS FORM IS NOTIFIED ON PAPER)
OWNER (OR WE)

INDICATES THE NATURAL PERSON(S) OR LEGAL ENTITY THAT PROVIDES CALIBERSERVERS AND/OR THE SERVICE TO USERS.


PRODUCT.

A GOOD OR SERVICE AVAILABLE FOR PURCHASE THROUGH CALIBERSERVERS, SUCH AS E.G. ONLINE GOODS, DIGITAL FILES, SOFTWARE, BOOKING SERVICES ETC.

THE SALE OF PRODUCTS MAY BE PART OF THE SERVICE.


SERVICE.

THE SERVICE PROVIDED BY CALIBERSERVERS AS DESCRIBED IN THESE TERMS AND ON CALIBERSERVERS.
TERMS.

ALL PROVISIONS APPLICABLE TO THE USE OF CALIBERSERVERS AND/OR THE SERVICE AS DESCRIBED IN THIS DOCUMENT, INCLUDING ANY OTHER RELATED DOCUMENTS OR AGREEMENTS, AND AS UPDATED FROM TIME TO TIME.


USER (OR YOU).

INDICATES ANY NATURAL PERSON OR LEGAL ENTITY USING CALIBERSERVERS.


CONSUMER.

ANY USER QUALIFYING AS A NATURAL PERSON WHO ACCESSES GOODS OR SERVICES FOR PERSONAL USE, OR MORE GENERALLY, ACTS FOR PURPOSES OUTSIDE THEIR TRADE, BUSINESS, CRAFT OR PROFESSION.

This privacy policy relates solely to CaliberServers, if not stated otherwise within this document.

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Latest update: JANUARY 17, 2022