# Terms and Conditions

Last Updated: April 27, 2024

# 1. Introduction

These Terms and conditions apply to this website and to the transactions related to our products and services. You may be bound by additional contracts related to your relationship with us or any products or services that you receive from us. If any provisions of the additional contracts conflict with any provisions of these Terms, the provisions of these additional contracts will control and prevail.

# 2. Binding

By registering with, accessing, or otherwise using this website, you hereby agree to be bound by these Terms and conditions set forth below. The mere use of this website implies the knowledge and acceptance of these Terms and conditions. In some particular cases, we can also ask you to explicitly agree.

# 3. Electronic communication

By using this website or communicating with us by electronic means, you agree and acknowledge that we may communicate with you electronically on our website or by sending an email to you, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement, including but not limited to the requirement that such communications should be in writing.

# 4. Intellectual property

We or our licensors own and control all of the copyright and other intellectual property rights in the website and the data, information, and other resources displayed by or accessible within the website.

# 4.1 All the rights are reserved

Unless specific content dictates otherwise, you are not granted a license or any other right under Copyright, Trademark, Patent, or other Intellectual Property Rights. This means that you will not use, copy, reproduce, perform, display, distribute, embed into any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or commercialize any resources on this website in any form, without our prior written permission, except and only insofar as otherwise stipulated in regulations of mandatory law (such as the right to quote).

Notwithstanding the foregoing, you may forward our newsletter in the electronic form to others who may be interested in visiting our website.

# 6. Third-party property

Our website may include hyperlinks or other references to other party’s websites. We do not monitor or review the content of other party’s websites which are linked to from this website. Products or services offered by other websites shall be subject to the applicable Terms and Conditions of those third parties. Opinions expressed or material appearing on those websites are not necessarily shared or endorsed by us.

We will not be responsible for any privacy practices or content of these sites. You bear all risks associated with the use of these websites and any related third-party services. We will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure to third parties of personal information.

# 7. Responsible use

By visiting our website, you agree to use it only for the purposes intended and as permitted by these Terms, any additional contracts with us, and applicable laws, regulations, and generally accepted online practices and industry guidelines. You must not use our website or services to use, publish or distribute any material which consists of (or is linked to) malicious computer software; use data collected from our website for any direct marketing activity, or conduct any systematic or automated data collection activities on or in relation to our website.

Engaging in any activity that causes, or may cause, damage to the website or that interferes with the performance, availability, or accessibility of the website is strictly prohibited.

# 8. Registration

You may register for an account with our website. During this process, you may be required to choose a password. You are responsible for maintaining the confidentiality of passwords and account information and agree not to share your passwords, account information, or secured access to our website or services with any other person. You must not allow any other person to use your account to access the website because you are responsible for all activities that occur through the use of your passwords or accounts. You must notify us immediately if you become aware of any disclosure of your password.

After account termination, you will not attempt to register a new account without our permission.

# 9. Idea submission

Do not submit any ideas, inventions, works of authorship, or other information that can be considered your own intellectual property that you would like to present to us unless we have first signed an agreement regarding the intellectual property or a non-disclosure agreement. If you disclose it to us absent such written agreement, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.

# 10. Termination of use

We may, in our sole discretion, at any time modify or discontinue access to, temporarily or permanently, the website or any Service thereon. You agree that we will not be liable to you or any third party for any such modification, suspension or discontinuance of your access to, or use of, the website or any content that you may have shared on the website. You will not be entitled to any compensation or other payment, even if certain features, settings, and/or any Content you have contributed or have come to rely on, are permanently lost. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

# 11. Warranties and liability

Nothing in this section will limit or exclude any warranty implied by law that it would be unlawful to limit or to exclude. This website and all content on the website are provided on an “as is” and “as available” basis and may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy, or completeness of the Content. We make no warranty that:

this website or our products or services will meet your requirements;
this website will be available on an uninterrupted, timely, secure, or error-free basis;
the quality of any product or service purchased or obtained by you through this website will meet your expectations.

Nothing on this website constitutes or is meant to constitute, legal, financial or medical advice of any kind. If you require advice you should consult an appropriate professional.

The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in respect of any matter which it would be unlawful or illegal for us to limit or to exclude our liability. In no event will we be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software or database, or loss of or harm to property or data) incurred by you or any third party, arising from your access to, or use of, our website.

Except to the extent any additional contract expressly states otherwise, our maximum liability to you for all damages arising out of or related to the website or any products and services marketed or sold through the website, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, intended conduct, tort or otherwise) will be limited to the total price that you paid to us to purchase such products or services or use the website. Such limit will apply in the aggregate to all of your claims, actions and causes of action of every kind and nature.

# 12. Privacy

To access our website and/or services, you may be required to provide certain information about yourself as part of the registration process. You agree that any information you provide will always be accurate, correct, and up to date.

We take your personal data seriously and are committed to protecting your privacy. We will not use your email address for unsolicited mail. Any emails sent by us to you will only be in connection with the provision of agreed products or services.

We have developed a policy to address any privacy concerns you may have. For more information, please see our Privacy Statement and our Cookie Policy.

# 13. Accessibility

We are committed to making the content we provide accessible to individuals with disabilities. If you have a disability and are unable to access any portion of our website due to your disability, we ask you to give us a notice including a detailed description of the issue you encountered. If the issue is readily identifiable and resolvable in accordance with industry-standard information technology tools and techniques we will promptly resolve it.

# 14. Export restrictions / Legal compliance

Access to the website from territories or countries where the Content or purchase of the products or Services sold on the website is illegal is prohibited. You may not use this website in violation of export laws and regulations of The Netherlands.

# 15. Affiliate marketing

Through this Website, we proudly offer affiliate services as part of our partner program. This entails us receiving a percentage of or commission on sales of services or products facilitated through this platform. Additionally, we may engage in sponsorships or other advertising collaborations with businesses. In adherence to legal obligations surrounding marketing and advertising, including regulations set forth by the US Federal Trade Commission, we strictly ensure transparency by clearly indicating to customers when they are interacting with affiliate content.

# 16. Assignment

You may not assign, transfer or sub-contract any of your rights and/or obligations under these Terms and conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this Section will be null and void.

# 17. Breaches of these Terms and conditions

Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the website, contacting your internet service provider to request that they block your access to the website, and/or commence legal action against you.

# 18. Indemnification

You agree to indemnify, defend and hold us harmless, from and against any and all claims, liabilities, damages, losses and expenses, relating to your violation of these Terms and conditions, and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs and expenses relating to or arising out of such claims.

# 19. Waiver

Failure to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.

# 20. Language

These Terms and Conditions will be interpreted and construed exclusively in English. All notices and correspondence will be written exclusively in that language.

# 21. Entire agreement

These Terms and Conditions, together with our privacy statement and cookie policy, constitute the entire agreement between you and HEO Systems in relation to your use of this website.

# 22. Updating of these Terms and conditions

We may update these Terms and Conditions from time to time. It is your obligation to periodically check these Terms and Conditions for changes or updates. The date provided at the beginning of these Terms and Conditions is the latest revision date. Changes to these Terms and Conditions will become effective upon such changes being posted to this website. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions.

# 23. Choice of Law and Jurisdiction

These Terms and Conditions shall be governed by the laws of The Netherlands. Any disputes relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of The Netherlands. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions. The other provisions will not be affected.

# 24. Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

# 25. Billing

Invoices to your services are typically generated 7 days in advance. If the service is not paid after 3 days from the due date, it will be terminated and/or suspended.

Within 2 days (or 48 hours) of receiving your service, we may be able to offer you a refund back to your original payment method if you are not happy with your service on the following product ranges:

Minecraft Hosting
Discord Bot Hosting
Website Hosting
SteamCMD Game hosting (Palworld, Project Zomboid)

However, as such some limitations do however apply,

Add-ons are non-refundable
Dedicated Servers and custom orders are non-refundable
A Cancellation request has been processed or submitted on the product
A refund has been processed on the account within the last two (2) months
The order is an upgrade order
If a backup restore has been processed on a service, it is no longer eligible for a refund.
You caused the downtime.
You did not want to buy the services.
You do not receive support.
Termination based on these and system terms of service.
Payments made with cryptocurrency can only be refunded to account credit and cannot be refunded back to the original method of payment.

Any refunds that we make to the original payment method will have their payment fees deducted from the amount.

We reserve the right to deny refunds at any time depending on the various circumstances.

Other products which are not mentioned above are not covered under the refund policy and are not eligible for a refund.

Account credit can only be deposited, and our refund policy does not apply to it.

A ticket must be opened with our Sales department or make a cancellation request within 48 hours of service deployment in order to be eligible for a refund. You are required to do this, a cancellation will not be accepted as a refund request.

A refund is sent back to the payment it was made from, we will not issue refunds back to a different payment method than what was originally paid with.

# 26. Storage

To provide you with our services, we will have to store your services’ files on our servers.

Sometimes, backups of your servers may be stored depending on the product you purchased. We sometimes keep backups of your service, but it could be different depending on what you purchased.

# 27. Fair Use

All virtual private servers, no matter the type (VPS or VDS), is subject to a fair use policy.

We try our best to make this as relaxed as possible. There are other virtual machines on your singular host node. This means that you cannot abuse the following resources:

CPU (VDS can use CPU 24/7)
Network
Disk (I/O or IOPS)

Even though a VDS has dedicated CPU, it does not have a dedicated network/port or disk speed. The disk speed and network speed are shared resources which are distributed across virtual machines on the host node. Same goes for VPS, except in the case of a VPS, the CPU cores are also shared. Therefore, if you are “abusing” any of these resources, we may implement caps that will forcefully reduce your usage in order to ensure the stability of our infrastructure.

We deem abuse to be usage that can cause a significant or noticeable impact on other machines, or excessive usage for your plan. For example, if we find that you are continuously using 50% of your CPU 24/7, we may deprioritize your CPU or implement a cap of half of the cores. Usually this is rare, and only done in cases where more CPU is needed for other machines on the node in order to prevent CPU steal. Another case is bandwidth. For example, if you were to start sustaining 1 Gbps for a bit, we may have to cap you forcefully in order to prevent an impact on other machines. You are allowed to burst the network port to its full capacity, but sustaining it is not allowed.

If you are running high bandwidth use cases, we would suggest not doing it on HEO Systems infrastructure unless a plan explicitly states that there is no FUP. Our unmetered bandwidth are subject to this FUP.

# 28. Abuse

If we receive an abuse complaint, you are required to respond within 48 hours or your service will be suspended (or terminated after 7 days). If it is clear to our support member(s) that the intent of the server was to commit abuse or other malicious acts, the VPS may be suspended or terminated immediately. We may charge a fee, such as a $5 IP cleaning fee, if your service was caught abusing or committing malicious acts intentionally. This covers the system administration work involved with delisting IP addresses from spam databases.

Any illegal activity is strictly prohibited on our network and on your services. Some types of activity we prohibit may include:

Port Scanning
Brute Forcing
Sending DDoS or DoS attacks
IP Spoofing
Phishing Attacks
Email Spamming

On our VDS services, using 100% of your CPU 24/7 is allowed.

TOR exit nodes are allowed in certain locations, please contact us first before running one.

Anything against Dutch law or the laws of the country your server is based in is strictly not allowed and is grounds for immediate termination and/or suspension depending on the severity.

# 29. Termination

We reserve the right to terminate your service with or without a reason and with or without notice at any time.

# 30. Data Loss

We are not responsible for any data loss across our services.

While we do take our own backups, it is also the customer’s responsibility to make sure that their own backups in place.

# 31. Contact information

This website is owned and operated by HEO Systems.

You may contact us regarding these Terms and Conditions by writing or emailing us at the following address: info@heo-systems.net