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Redcluster LTD. is a registered company incorporated in Cyprus under the number HE387801. By using the dedistart.com website ("dedistart.com", "redcluster", "our", "us", or "we"), products and services, you ("Customer", "you", "your") agree to accept and comply with all our policies. REDCLUSTER LTD. reserves the right to terminate any service provided with or without a refund and with or without a notice. REDCLUSTER also reserves the right to change the Terms of Service along with all the policies listed on the website (dedistart.com) at any time without customer notification. It is the customer's job to periodically check the recent Terms of Service and the other REDCLUSTER policies. The new policy takes effect with the next renewal of the service. If the customer does not agree with the new policy, it is his responsibility to cancel the service before the renewal.



GOVERNING LAW

These terms shall be governed and construed in accordance with the laws of the Republic of Cyprus. You irrevocably agree that the courts of Larnaca, Cyprus have exclusive jurisdiction to settle any dispute or claim that arises out of our in connection with this agreement.



NO WARRANTY OR LIABILITY

You expressly agree that your use of the REDCLUSTER services is at your sole and exclusive risk. REDCLUSTER offers absolutely no warranties of any kind, whether express or implied. No advice or information obtained from REDCLUSTER or through REDCLUSTER service shall create any warranty. The customer is solely responsible for any data stored on REDCLUSTER servers and for ensuring he has adequate backups outside of the REDCLUSTER infrastructure. REDCLUSTER shall offer no warranty or compensation for any data loss including but not limited to software failure, hardware failure or staff error.

REDCLUSTER LTD offers absolutely no liability or compensation to third parties in case its services are used to inflict damages to third parties by the customer. The customer is the only one liable for any such damages. In no event shall we, nor our directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the services for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever.



SUPPORT

REDCLUSTER services are sold as unmanaged. They are designed for advanced linux administrators or experienced webmasters.

The customer is responsible for managing his server. REDCLUSTER staff is available for support only in case of Network issues and Server hardware.

The REDCLUSTER staff will not offer any kind of support for installing, configuring or debugging applications.



PAYMENTS

We generate the proforma invoices 10 days before the payment is due. The service is terminated automatically if it has not been paid before the due date and REDCLUSTER will not be responsible for any data loss that occurs due to termination.

If a subscription has been created for paying the service, the customer is responsible for cancelling the subscription (ex: PayPal) if he wants to terminate his REDCLUSTER services.

In the case of bank transfers, the final amount which is received in our bank account shall be credited to the customer account. Any fees charged by the bank for processing the transfer, including but not limited to, exchange fees (if payment was not sent in EUR) shall be deducted from the customer's balance.

It is the customer's responsibility to notify us by creating a support ticket when he has made a transfer by bank or if his payment (of any other method) has not been credited to his account.

All payments shall be done using your own card, bank account or PayPal account. The use of third-parties to make payments is prohibited without prior approval, and shall result in the immediate termination of the account and services, without any kind of refund.

FRAUD PROTECTION

All orders placed through our billing portal are passed through an automatic fraud check system. Although our servers are typically set up in 24 hours from the receipt of payment, we manually review each fraud score before accepting the order. If our fraud check system scores your order as dangerous, we may require submission of a government issued ID to allow continued use of our services. Failure to comply in a timely manner will result in termination.
The customer shall create a single account on the REDCLUSTER website. Multiple accounts are strictly prohibited and will lead to the suspension of all services on all accounts without any refunds!
The use of fake or disposable email addresses is forbidden and will lead to the suspension of all the services without any refunds.
Any chargeback or dispute of the transaction done via our payment processors shall be considered a fraud attempt and will lead to immediate account termination and the termination of all active services without any refunds.



CONFIDENTIALITY

The customer shall keep confidential any information to which he is given access and shall cooperate with REDCLUSTER's efforts to maintain the confidentiality thereof. The customer shall not publish or distribute any information or documentation that REDCLUSTER provides including but not limited to support tickets, emails or phone calls.



DATA PROCESSING

Under the General Data Protection Regulation, REDCLUSTER acts as a data processor and will process the data in a way that meets the technical and organizational requirements of the GDPR.

The data will be processed on equipment owned by REDCLUSTER LTD or leased from subcontractors, in datacenters with high security standards, ensuring adequate protections for the processed data.

The customer agrees to follow entirely the GDPR in relation to his processing of personal data belonging to EU customers and undertakes the sole responsibility and liability for ensuring the data is processed correctly under the GDPR.

More information regarding your GDPR rights can be found in our privacy policy.



ACCEPTABLE USE POLICY

The provisions of the Acceptable Use Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation or accepted norms of the Internet community, whether or not expressly mentioned in this policy, are prohibited. We will be the sole and final arbiter as to what constitutes a violation of our policies.
Our products and services may be used only for lawful purposes. Transmission of, distribution of, storage of, or linking to any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property rights used without proper authorization, and material that is defamatory, constitutes an illegal threat, violates export control laws, or is otherwise prohibited by Cypriot law.
The customer will not, directly or indirectly, allow the usage of the services, sell or solicit sales, nor transfer Services of or provided by Redcluster LTD to any entity or individual located in, organized under the laws of, or ordinarily resident in any country or geographic region subject to comprehensive sanctions administered by OFAC or the EU.
The blacklisting of the IP in a RBL, security company (ex: urlhaus, netcraft) or by an antivirus software shall lead to immediate termination of the account and all its services. Any abuse notification from security companies like spamhaus, urlhaus, netcraft, bitninja etc. or any CERT shall lead to immediate termination of the account and all its services.
The prohibited activities include, without limitation, the following:

  • SPAM - Any kind of mass-emailing from our services is prohibited. Sending more than 100 emails per day shall be considered SPAM. RBL listing or abuse message receipt shall lead to immediate termination.
  • Hosting webpages advertised within "spam emails"
  • Hosting web pages or providing messages that support SPAM
  • Illegal pornography
  • Torrents
  • TOR Exit Nodes
  • Open Proxies
  • IP Spoofing
  • Fake/Replica product websites
  • HYIP or ICO Websites
  • Stress-testing websites
  • HitLeap or any kind of artificial traffic creation
  • Hosting viruses, worms, trojans, key loggers, RATs or any kind of remote administration software
  • Penetration testing of any kind
  • Port scanning
  • Vulnerability scanning
  • Brute forcing
  • The use of exploits
  • Floods or any other methods meant to cause denial of service
  • The use of exploits
  • Fake news websites
  • Antisemitism or any other kind of hate speech
  • Giveaway websites
  • Pharmacies
  • Any IP blacklisting by a RBL, Antivirus software or security company
  • Open DNS Resolvers and any applications vulnerable to ddos amplification attacks.
  • Deceptive Marketing
  • Offering financial services without the proper licensing
  • Hosting copyrighted materials of any kind without proper authorization.
  • Hosting phishing website
  • Hosting websites where illegal activities are discussed. Ex: hacking, carding forums
  • The use of any application meant to create disruptions to REDCLUSTER or other REDCLUSTER customers.

The list above is not exhaustive. We reserve the right to refuse service or stop offering services to anyone.
No services shall be provided to accounts which have had services suspended for breaking our Acceptable Use Policy or accounts which have been accessed from the same IPs as accounts which have breached the terms of service. Any funds available in the account or deposited in the future shall be forfeit.
REDCLUSTER reserves the right to directly terminate the account and all services, without notice, if found to be in breach of the terms of service.



RESOURCE USAGE

The unmetered shared bandwidth, which is the default for all our plans, should not exceed 100mbps in a 95/5 calculation during the period of one month. We reserve the right to limit the ports to 10mbps or 100mbps in case our services are abused. The shared bandwidth shall never be used for video streaming or download sites.

The number of reinstall requests accepted is of 2 per each 30 days for each server. Additional reinstalls shall be charged at 10 EUR per reinstall.



PRIVACY POLICY

The privacy policy, part of this agreement, is located here



PAYMENT SUBSCRIPTIONS

In case the subscription / recurring payment option is chosen by the customer, the customer agrees that his card details will be saved by the payment processor in question (payabl or paypal) and that his card will be charged automatically each billing period, in order to renew the server.

In order to cancel the subscription, the customer shall use the "Cancel" button found on the service page.

The customer can request the refund of a subsequent subscription / recurring payment, within 72h of the payment as long as it is the first time the customer asks for a refund.



REFUND POLICY

You may request a refund within 3 days of purchase of a server. The refund will be issued for maximum 1 service per account's lifetime.

NOTE: Refunds will be sent in the same method as the original payment. If the payment method does not support refunds, or it is marked as non-refundable during the payment process, the refunds will be issued only as account credit.

REDCLUSTER is not responsible for any additional charges that PayPal or any other payment processor may take.

Bandwidth usage is not refundable, if it's above 1TB and will be charged with 3 EUR per TB.

If abuse messages are received for the server, no refund will be issued.

Chargebacks and disputes with our payment processors forfeits any right for refund.

Any service suspension for abuse or the breaking of these terms of service forfeits the refund policy for all the services in the account, including the unused account credit.

If multiple accounts are created by the same individual or affiliated group, although forbidden by our terms of service, no refunds will be provided for any of the accounts.

Refunds take up to 14 days to be completed.

Servers ordered through the Pre-order function are not refundable in any way or form. Such orders cannot be cancelled after they are paid, as the hardware needs to be bought especially for your order.

Cryptocurrency transactions are not refundable.




AFFILIATE PROGRAM

The payout for the referred customers is 50% from the first month of all the orders done in the first 6 months since the account has been created.

The ordered services must be paid for a minimum of 3 months for the affiliate payout to be valid

The commissions are paid 60 days after the referred customer has made the transaction.

The minimum withdrawal is 10 EUR for account balance withdrawal and 100 EUR for PayPal withdrawal.

An extra 30% are given as bonus if the customer decides to withdraw the affiliate commission to the Dedistart account balance.

PayPal withdrawals are sent to the exact e-mail address associated with the Dedistart account.

Withdrawals to balance are final. The funds cannot be restored to your affiliate account nor will they be sent via any other method.

Multiple accounts are forbidden and lead to the forfeiture of all the affiliate commissions. If the same login IP is ever used on both the affiliate and referred customer, the commission shall be forfeit.

If the affiliate has services suspended for breaking these terms of service / abuse, all the commissions in the account are forfeit.

The traffic is registered on a first-click basis. If the customer has previously visited our website, it will not be considered valid.

Advertising through Google Ads is strictly prohibited and the affiliate accounts advertising through it will be disqualified and the commissions forfeit.

If the referred customer has services suspended for breaking these terms of service / abuse, the commission related to this referred customer will be forfeit.

The transaction fees and the VAT do not count towards the affiliate commission.



LEASING PROGRAM

Dedistart offers the possibility of leasing of its dedicated servers on ranges from 12 to 48 months.

The leasing is started by the submission of the order through the website or via the support ticket and its final server delivery.

In the case of non-payment of the invoices by their due date, the leasing agreement is considered null, the equipment is returned to Dedistart and all the previous payments are forfeited.

No refunds will be offered for leased equipment for any reason whatsoever.

No price readjustments shall be made for the leased equipment in the case our list prices for similar equipment are modified.

The breach of the Acceptable Use Policy shall lead to the agreement being considered null, the equipment returned to Dedistart and all the previous payments are forfeited.

The leasing process can be started for an already delivered dedicated server, but the leasing starts in the current month. The previous months when the server was rented shall not be considered part the lease and shall not count towards it.

Dedistart shall replace for free any broken parts of the equipment during the entire leasing period, unless these are upgrades fully bought by the customer.

The customer has the right to request the hardware to be shipped to any address at the end of the leasing period, considering all the invoices have been paid. The shipping costs shall be paid by the customer unless he has chosen to pick the hardware himself or has arranged for the courier himself. Any taxes related to the import of the equipment shall be the responsibility of the customer.

Any upgrades for the equipment during the leasing period shall be handled as equipment purchases and the customer shall pay the full price for the parts beforehand.

The customer has the right to terminate the leasing contract at any time before the leasing period ends. In such a case, the equipment is transferred back to Dedistart and all the previous period is considered dedicated server rental. No refunds or other benefits shall be offered in such case.

Dedistart shall provide colocation and the same level of service after the leasing period has ended with a 15% discount of its list colocation pricing. The licenses and the bandwidth shall be sold at list pricing.

Last updated: 16.11.2023