Digital Skware Lda, with Headquarters at Rua Simão Bolivar, 239, 5º Andar, Sala 3, 4470-151 Maia, Portugal, hereinafter “Skrey” agrees to provide services to the Subscriber, subject to the following Terms of Service
1. Terms & jurisdiction
The initial term of this agreement shall begin on the date that Skrey generates an email message to the Subscriber stating the service is now active and will continue for the number of calendar months specified in the order.
The Subscriber agrees explicitly that Skrey will activate the service in receipt of cleared payment and that service will commence without delay.
Upon expiration of the initial term, this agreement will renew automatically for successive renewal terms each the same as the initial term unless Skrey or the Subscriber provides the other with written notice of non-renewal at least thirty (30) days prior to the expiration of the initial term or then-current renewal term, as applicable. This may also be processed by requesting cancellation from within the customer GUI.
The Terms of Service and the relationship between you and Skrey shall be governed by the laws of the Republic of Portugal and the European Union, without regard to its conﬂict of law provisions. You and Skrey agree to submit to the personal and exclusive jurisdiction of the courts located in Portugal.
2. Subscriber duties
In order to use Skrey services, you are required to provide current and factual identification, contact and other information as part of the registration process. You are responsible for the confidentiality of your account information and solely responsible for all content and Data within your account.
a. Acceptable use of network and system resources
Deployed servers on Public Cloud, include a set amount of data transfer, based on a generous 1.5TB of outbound transfer per month, per GB RAM allocated to your server for most locations. Maximum / Peak usage is 5Mbps per GB RAM allocated to your server. For the purposes of Example, a server with 10GB RAM allocated, is permitted a maximum of 50Mbps transit or 15TB transfer, whichever limit is reached first.
Subscribers significantly or repeatedly exceeding these guidelines will have their connections to the Public Internet throttled to the guideline limit without notice, may be subject to overages if usage is quite significant and will have the option to upgrade or purchase dedicated transit at the sole discretion of Skrey.
b. Spam and UCE
Skrey has a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that Subscribers to Skrey may not use or permit others to use our network to transact in spam messages. Subscribers to Skrey may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Violation of Skrey’s SPAM policy will result in severe penalties – Upon notification of an alleged violation of our SPAM policy, Skrey will initiate an immediate investigation (within 12-24 hours of notification). During the investigation, Skrey may restrict Subscriber access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Skrey may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, Skrey reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Skrey will notify law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy may result in an Administrative Fee of €200 at the discretion of management and your account will be reviewed for possible immediate termination. A second violation will result in an Administrative Fee of €599 and immediate termination of your account. Subscribers who violate this policy agree that these fees will be paid on request. Please see Failure to Pay and Payments and Fees information.
Skrey reserve the right to charge up to a total of €1500 For spam related violations due to costs which may be enforced on us by data carriers or data center administration fines.
Our Subscriber are solely responsible for the use of their hosting account at all times.
c. Prohibited content
- Threatening, abusive, harassing, defamatory statements.
- Promotion of illegal activities (info on hacking, cracking etc).
- Information, instructions, links, etc containing malicious code.
- Hate speech or hate propaganda.
- Scripts or systems that cause server performance issues.
- Misrepresentation of member’s identity, or impersonation.
- Collection of personal information for illegal purposes.
- Collection of personal information without users permission.
- Content that is deemed by Skrey, in its sole discretion, to be harmful to Skrey.
- Solicitation or sale of any harmful/illegal products or service
Skrey does not tolerate abusive, threatening or inappropriate behavior towards its staff or agents. Your account can be suspended or terminated without warning for any such behavior
Subscriber agrees to indemnify and hold harmless Skrey, Skrey’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable legal fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Subscribers services in violation of applicable law or the AUP by Subscriber or any person using Subscriber’s log on information, regardless of whether such person has been authorized to use the services by Subscriber.
5. Disclaimer of warranties
Skrey does not warrant or represent that the services will be uninterupted, error-free, or completely secure. To the extent permitted by applicable law Skrey disclaims any and all warranties including the implied warranties of merchantability, fitness for a particular purpose, and non infringement. To the extent permitted by applicable law, all services are provided on an “as is” basis.
6. Limitation of liability
In no event will Digital Skware Lda, its suppliers, or third parties mentioned on this site be liable for any special, indirect or consequential or any damages whatsoever (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this site, any web sites linked to this site, or the materials or information contained at any or all such sites, or in connection with the use or performance of software or of failure to provide services, whether based on warranty, contract, tort, negligence or any other legal theory and whether or not advised of the possibility of such damages.
7. Law enforcement information
The Skrey terms specifically prohibits the use of our service for illegal activities. Therefore, Subscribers agree that the company may disclose any and all the account holders information including assigned IP numbers, account history, account use, etc. to any member of Portuguese Law Enforcement Agency who makes a written request, without further consent or notification to the Subscriber. In addition Skrey shall have the right to terminate all service set forth in this Agreement.
8. Uptime guarantee
Skrey provides a 100% Uptime Guarantee on all Skrey Hardware and on Network Connectivity. In any given month, if your server is ofﬂine due to a Skrey unscheduled hardware failure, or an unscheduled failure of the Skrey network for more than 1% of the time, you may request a pro-rata credit for the down time. Specific exclusions exist where the Skrey network is working normally, but upstream issues, such as a Datacentre or Carrier failure or DDOS is impacting customer routes to the cloud. Planned maintenance announced via internal ticket or our Skrey status page is not covered by this guarantee.
9. Support & services
Skrey provides comprehensive 24/7/365 technical support to all subscribers via our Ticketing System (available via Email and GUI). Some general guidelines and terms are:
- Skrey provides a 100% Uptime Guarantee on all Skrey Hardware and on Network Connectivity. In any given month, if your server is ofﬂine due to a Skrey unscheduled hardware failure, or an unscheduled failure of the Skrey network for more than 1% of the time, you may request a pro-rata credit for the down time. Specific exclusions exist where the Skrey network is working normally, but upstream issues, such as a Datacentre or Carrier failure or DDOS is impacting customer routes to the cloud. Planned maintenance announced via internal ticket or our Skrey status page is not covered by this guarantee.
- Skrey supports fully any issue related to the Skrey virtual server physically functioning
- Unless expressly contracted with Skrey through the purchase of a separate service, Skrey does not offer technical support for application specific issues, such as configuration, programming, web or mail server configuration or any such issue
- Skrey does not provide technical support to your customers or users
- The use of all Skrey services is at your own risk
- Skrey Snapshots and backups are not guaranteed or validated in any way
- You agree to take full responsibility for all files and data in your account
- You agree to maintain an appropriate backup of files and data stored on the Skrey clouds
10. Invoicing and payment
You agree that Skrey shall be permitted to charge your credit card on a monthly, annual or other agreed upon basis in advance of providing services.
Payment is due on payment noticing unless cancellation is requested.
Any payments not made within 3 days of due date will have the associated service suspended without further notice.
Any suspended service will be terminated and destroyed after 4 days suspended without further notice.
Subscribers are aware that Skrey may prospectively change the specified rates and charges from time to time in accordance with foreign exchange rates.
Subscriber is responsible for any additional Bank fees, interest charges, finance charges, overdraft charges or any other fees resulting from charges billed by Skrey.
Skrey only accepts payments in EUROs.
Up and Downgrading service within your billing cycle will result in Pro-Rata charges and credits on your account. Pro-rata credits are only possible where the Subscriber retains at least one service and are not refundable in the event of service or account cancellation.
Once service has commenced, the subscriber agrees that the minimum term of service applies and no refunds will be provided.
When an account becomes overdue Skrey reserves the right to suspend active and paid-for services until such time outstanding unpaid invoices are settled.
All Microsoft OS servers deployed on our clouds must conform with the Microsoft Service Provider License Agreement. As such, any Windows server you deploy will automatically be licensed and added to your account within 48 hours of deployment.
11. Suspension and cancellation
Skrey reserve the right to suspend network access to any Subscriber if, in the sole judgement of Skrey, the Subscribers server is the source or target of a violation of any of the other terms of service or the Subscribers account is in arrears of one month or more, or for any other reason which Skrey chooses. Skrey will use all reasonable care in notifying the Subscriber and in resolving the issue in a method ensuring the minimum service interference.
Continued and repeated violations of the terms of service will result in termination without refund. Prior notification is not assured.
Subscribers may cancel service at any time using the ‘Request Cancellation’ links in your GUI, which is under the Billing Tab for each service. Account cancellation requests can not be accepted by email, ticket or chat. Accounts are cancelled upon confirmation with you by Ticket. Cancellation of a service does not relieve Subscriber of responsibility for the payment of all accrued charges. Accounts can not be confirmed Cancelled until all due invoices have been settled. Non confirmation of the cancellation may result in charges continuing to be levied.
You agree that Skrey may provide you with notices, including those relating to changes to the Terms of Service by Email and/or postings on Skrey systems and services.
You agree that Skrey may, from time to time and at it’s sole discretion, need to impact single Virtual Machine uptime due to essential maintenance, and where possible, we aim to provide 48 hours notice of any impact of more than 1 hour.
13. Law and Jurisdiction
For purposes of citation in legal action, specifically designed to fulfil financial obligations arising from the subscription to this service, the parties agree the address indicated on the online/customer area application form.
Skrey may refuse any subscription to a service without being obliged to justify such refusal.
Skrey reserves the right to submit changes to these conditions at any time, notifying the Subscriber by email.
13.2 Law and Jurisdiction
Skrey shall not be subject to any obligation to monitor the information that the Subscriber transmits or stores through its intermediation, nor can it be liable for it, pursuant to Decree Law No. 7/2004 of 7 January.
In accordance with Decree Law 143/2001, the Subscriber may exercise the right of cancellation up to 14 days after commencement of the provision of the service.
In the case referred to in 13.2.2, maintenance of the contract in relation to the defective part shall be subject to the supplementary rules applicable, using, if necessary, the rules of legal business integration, as stipulated in article 16/2 of Decree No. 446/85 of 25 October.
To settle any dispute so provided, the interim solution to disputes laid down in article 16 of Decree Law 7/2004 of January 7 should be respected.
For the resolution of disputes between the parties that can not be resolved should be considered only as a competent court of the district of Porto.
The provision of the service is governed by these Terms of Service and other applicable Portuguese law.