TERMS OF SERVICE
- 1. Changes in terms
- 2. Billing terms
- 3. Prices
- 4. Support
- 5. Backups and data loss
- 6. Abuse policies
- 7. Content policies
- 8. Security
This term of service agreement is an agreement between you, the client (including you and any agents or representatives authorized by you), that can even be referred to as 'you', 'your', 'client' or 'user', and Gimmer Technology SA, which up to now can be referred to as 'we', 'us', 'our' or 'Gimmer'. This contract covers the services offered by Gimmer and used or purchased by you. Services generally fall within the category of website server hosting and can be referred to as private virtual servers, dedicated servers, dedicated hosting, server hosting, web hosting, network connectivity, Internet bandwidth, Internet traffic, server management or other terms.
By using Gimmer VPS, you accept the terms and conditions in full. If you do not fully or partially agree to the following terms and conditions, you should not use Gimmer. By accepting the terms and conditions, you understand and agree that you are the only party responsible for any losses due to any reason. By using Gimmer, you acknowledge that you are familiar with the risks and are the only party responsible for the results of your strategies. We will not accept or be responsible for any losses, directly or indirectly, while you are using Gimmer.
1. Changes in terms
These terms of service may be changed by Gimmer from time to time, with or without notice.
2. Billing terms
Money Return Guarantee
All VPS services provided by Gimmer are eligible for a limited refund. The refund covers the Virtual Private Server plan itself. Refunds are offered only within 7 days of registration of the account, and only apply to the first service of a new customer. Bitcoin payments are non-refundable. Services that used 50% or more of their allocated bandwidth are not eligible for refunds. The customer is responsible for cancelling all recurring payment profiles.
Billing methodology and information
Warning e-mails can be sent by Gimmer 14 days before the due date. You are responsible for arranging the payment until the due date. After an invoice has expired, all services affiliated to the invoice will be subject to immediate suspension and will be cancelled after 7 days of delay. If you need assistance with this provision, please contact email@example.com.
In the event of a fraud being discovered, the fraudulent customer is subject to immediate suspension / termination at Gimmer's sole discretion. All information available to Gimmer about the fraudulent account / server will be sent to the local authorities as well as to any financial institutions involved. All fraud claims are investigated and all fraudulent customers will be prosecuted to the full extent of the law, whether in Brazil or abroad.
Disputes and Chargebacks
You acknowledge that any attempt to contest or initiate a bribe with Paypal or the credit card issuer will result in the suspension of all services. A bribe imposed under false pretenses is considered fraudulent and will be treated as such.
Notice of cancellation
Users can cancel their service at any time during the month, or schedule with us a specific time at which the service should be discontinued. To avoid being charged for the service you do not want, cancel all automatic payments you may have set up and provide as much warning as possible before cancellation.
Cancellations must be made through Paypal. To get to this area, access your Paypal profile in https://www.paypal.com. Or sending an email to firstname.lastname@example.org through the same email account you used to register with PayPal.
Price changes: Gimmer reserves the right to change service prices at the beginning of the next customer billing cycle for this service. Due to historically declining bandwidth and computer hardware prices, we predict that price increases will generally not be necessary. However, events beyond our control, such as the prices charged by third parties, energy, space, or processing, or due to changes in regulations, taxes, fees or other costs of doing business, are unpredictable in nature and may at some point require raising rates unexpectedly.
Currency and rates: currently, all services are quoted in US dollars. Gimmer reserves the right to re-evaluate some or all of the services in a different currency after notifying this change to the affected customers.
Prices valid only for new orders: our prices vary regularly due to our available stock and these prices are adjusted regularly as necessary to compensate for excess stock or intentionally slow down sales, as required. Because of this, any prices listed on our website, in Special Offers or data such as quotes for specific customers, are valid only for new server requests and cannot be applied to existing requests.
Special offers: special promotional Pricing may be offered to specific clients existing or potential, or specific groups of customers, potential or existing, from time to time, in each case, taking into consideration the economics of the particular situation and our business goals at that time. Thus, offers made to specific customers, specific potential customers or specific groups of customers or potential customers are valid only for the customers for which the offer is made and cannot be applied to new or existing requests by any other person or group.
As our services are not managed, Gimmer provides hardware support related to the operation of the client server. Gimmer does not support software outside the installation of items chosen in the order form. Gimmer only guarantees the standard installation of our proprietary software and assumes no responsibility for setting up any strategies for the user. Gimmer is not responsible for any downtime associated with VPS. Gimmer does not provide any support to our customers (third party customers). We will provide support only directly to Gimmer customers.
5. Backups and data loss
Your use of the service is at your own risk. All Gimmer accounts are decentralised and Gimmer is not responsible for files and/or data that reside in your account. You agree to take full responsibility for files and maintain all appropriate backup of files and data stored on Gimmer servers.
6. Abuse policies
Account usage: accounts, passwords and other private information are provided for customer use only. The customer is responsible for any use of his services or accounts and is therefore responsible for maintaining the security of his accounts, passwords and private keys. At no time should you send your private passwords or keys to anyone.
Resale: Gimmer allows and encourages our customers to sell / resell hosting services using the services we provide to you. The only condition is that you or your employees or agents are responsible for first-level technical support and billing for your customers. Any problems that require interaction with our technical support team should be raised in our technical support by you or your employees, not directly by your customers. Even when reselling the service to others, resellers are responsible for the actions taken on the services they are paying for, including excessive bandwidth or violations of the terms of Service. We may offer some flexibility to resellers in that the cancellation of a service for abuse may not require us to cancel the other services of the reseller, as would normally be required for regular customers.
Denial-of-service attacks: in no case can Gimmer services be used to carry out an attack on other networks or hosts, at any capacity. This can result in permanent suspension of service without refund. If DoS attacks are made against a customer's services, our first priority is to take measures to mitigate the impact for other customers, which may include the null routing of the affected IP address (S) or the suspension of the service being attacked. In the event that an attack does not affect other customers or the Gimmer network, the service being attacked will normally not be put offline or suspended. Customers who are the target of frequent or repeated denial of service attacks, if such attacks negatively impact the Gimmer network or its customers, may have services affected by such attacks permanently suspended.
Spam: Sending unsolicited commercial emails (spam) is not allowed and will not be tolerated. Customers using the Gimmer network may not send or permit the sending, via open retransmission or other means, of unsolicited commercial email. Running a legitimate mailing list, or sending emails to existing customers, is allowed. Although we may offer some opportunity to fix spam problems that are unintentional on the part of the customer, ultimately, each customer is responsible for the activity that occurs through the services they are paying for. Thus, customers who receive an occasional complaint of spam, but who do not seem to be sending spam, may be advised to correct the problem, but repeated offenses may be grounds for suspension of the service. During any given period of notice (if any), measures may be taken by Gimmer as necessary to prevent spam from being sent by customer services, including temporary suspension of service, firewall of certain traffic or other appropriate means. Customers who are, as determined by Gimmer, the conscious sending of spam may have their service permanently suspended without refund. Websites or operating services on the Gimmer network, which are being or have been announced in spam, are also not permitted and are subject to the same policies applied to the services used to send spam. If the improper actions or inations of the customer are the cause of the Gimmer space being listed in any spam blacklist or database, this customer may be permanently suspended without refund, at Gimmer's sole discretion.
Phishing: the execution of sites that try to steal login information from a user or other personal data (phishing sites) is strictly prohibited. Users who inadvertently host these sites should remove them immediately, and their service may be temporarily suspended until an action is taken to correct the situation. Users who repeatedly host phishing sites run the risk of having their service permanently suspended. Users who, as determined by Gimmer, intentionally host phishing sites using Gimmer services may have their service permanently suspended without refund, at our sole discretion.
Legal use: Gimmer services can only be used for purposes that are legally permissible under applicable law. Violations of this rule may lead to temporary or permanent suspension of the service, with or without refund, and/or notification of compliance with the appropriate law, at Gimmer's sole discretion. Uses that are not allowed include but are not limited to:
Illegally defaming or defaming another person or group
Violate applicable copyright law
Distributing child pornography
Transmitting Threatening Messages
Violate the applicable Trademark or patent law
Using service to commit denial of service attacks
Trying to hack into or try to disrupt any network or system that doesn't belong to you
Commit any action that incurs legal responsibility for the Gimmer
Act in any other way not consistent with applicable law
False, explicit, gross or abusive language will not be tolerated and may result in the immediate cancellation of the account without refund.
7. Content policies
Content monitoring: the content and type of use of the service are not regularly monitored for violation of these terms or applicable law. During the execution of other tasks related to the operation of Gimmer, we may learn of activities that violate this contract or the applicable law. To know or to be informed of these violations, we may take reasonable measures, which, depending on the nature of the infraction, may include a warning, temporary suspension or permanent service or, in the cases of exploitation of children or other serious crimes, notification to the competent authorities. Even if we take knowledge of a specific violation, this does not requires us to regularly monitor future violations of the same client or any other client, since it does not have the resources nor the authority to regularly monitor customers in this way.
Use of bandwidth
You get a monthly bandwidth aliquot. If your account exceeds the allocated amount, we reserve the right to suspend the account until the next allocation begins. Unused transfer in one month cannot be transferred to next month.
Unmonitored bandwidth: the network port is shared fairly, therefore the constant use of high amount of bandwidth is not allowed. This includes constantly consuming more than 100mbps in 6 hours or bursting to the full port (1Gbps or 10Gbps) frequently.
Use of resources
We reserve the right to terminate any account without notice or warning if any of the above restrictions are violated and examine the content of any account at any time.
Gimmer will not be responsible for the interference of external factors such as server availability, power failures and performance over which we have no control. If there are financial losses due to such events, we will not be responsible for them. While we are extremely cautious and ensure that we can offer the best possible service, we will not be responsible for any accidents.