Terms of Service

1. General provisions

1. Terms and definitions:
   • Offer - this public offer on the basis of which the Operator shall provide the Services to the Subscriber;
   • Operators - "Fornex Hosting S.L., Fornexcloud Ltd., FORNEX INC" companies;
   • Subscriber - an individual or a legal entity, registered in accordance with the provisions of the Offer;
   • Parties - parties to this Offer, i.e. the Operator and the Subscriber;
   • Website - the official website of the Operator fornex.com;
   • Service - a single service (or a set of services) of telematic services, data transmission and other types, provided by this Offer;
   • Order - a Service, registered by the Subscriber through the Website;
   • Regulations - the order of providing Services, determined by the provisions of the Offer;
   • Ticket system - electronic communication system, provided by the Operator for interaction with the Subscriber regarding the Services.
2. The Operator shall provide its Services to the Subscriber on condition that the Subscriber pays for them in due time under the terms and conditions determined by the Offer.
3. The Operator shall provide the Services using the Subscriber’s own and/or the Subscriber’s equipment under the terms and conditions fixed by this Offer.
4. The name, volume, cost, provision terms and other conditions and characteristics of the Services shall be reflected in the Orders which are an integral part of this Offer.
5. When implementing the provisions of this Offer and resolving disputes, the Parties shall adhere to the applicable laws of the European Union and its member states in whose jurisdictions the Operator’s facilities are used to provide services.

2. Duties of the Operator

1. Provide services to the Subscriber on the terms and conditions of this Offer.
2. Provide the Subscriber with the Services paid by him/her in full within the terms and for the period agreed by the Parties, as well as provide the necessary equipment and software for partial or full use of the Subscriber in accordance with the provisions of the Offer.
3. In the event of interruption in provision of the Services to the Subscriber paid by him/her, to take all possible measures to eliminate the causes of such interruption and to renew provision of the Services.
4. Keep accounting of the Subscriber’s Services.
5. Inform the Subscriber of changes to the terms of service, provision of Services to the Subscriber, adjustment of tariffs for the Subscriber’s Orders, as well as works in progress on the Website or other events at the discretion of the Operator by publishing official messages on the Website and/or by sending messages to the Subscriber via the Ticket System and/or by sending an email to the email address indicated by the Subscriber when registering on the Website.
6. Ensure safety of the Subscriber’s personal information, provided by him/her during registration on the Website, except for the cases, specified by the applicable legislation of the European Union (hereinafter referred to as the EU).
7. To provide the Subscriber, at his/her official written request, with data about himself/herself, stipulated by the EU and generally accepted commercial practice.
8. To provide the Subscriber with the reporting documents on the Services performed and payments received in a timely manner.

3. Duties of the Subscriber

1. To comply with the terms of this Offer and to comply with applicable European Union legislation.
2. To pay for the Services, which they have arranged with the Operator in due time.
3. Independently monitor the status and timely top up his/her personal account at the Website in order to avoid interruption and/or termination of Services.
4. Specify correct information about him/herself both at initial registration on the Website and at subsequent modifications of the same. This information includes:
   • for individuals: last name, first name, address of residence.
   • for legal entities: full name of the legal entity, its details, location address, as well as the list of persons using the end equipment of the legal entity, certified by the authorized representative of the legal entity, where the last name, first name, middle name (if any), residence address and details of the main document proving identity are indicated for each of them.
5. To get acquainted with the procedure of informing the Operator via the Ticket System, set forth in the Offer and on the Website. In particular, to verify the email address specified during registration for correct work of the notification system. The Operator reserves the right to cancel the orders within 7 (seven) days and refund the money paid in case of absence of verification.
6. To react to the Operator’s messages sent to the Subscriber’s personal account on the Website through the ticket system.
7. In case of any technical problems occuring while using the Services, to immediately inform the Operator according to the informing procedure.
8. To use the Services exclusively according to the legislation of the European Union and be fully responsible for any kind of damages incurred by the Subscriber or third parties while using the Services.
9. The Subscriber undertakes not to use the Services provided by the Operator, including the means of virtual hosting (hereinafter VH), virtual server (hereinafter VPS) and dedicated server (hereinafter DS) for
   • placement, publication and/or distribution in whole or in part of materials in violation of copyright;
   • mass mailings^[1] of advertising messages (spam) via email services, mass placement of links, email marketing tools, etc., including those containing links to the resources placed on the Operator’s facilities;
   • distribution through the Internet, publication and/or transmission of any information contrary to the requirements of the European Union legislation and/or norms of international law;
   • publishing and/or transmitting any kind of information or software containing computer viruses or other means equivalent to them;
   • scanning of ports of other servers connected to the Internet;
   • Generation of targeted excessive traffic capable of causing the failure of other servers connected to the Internet (also known as DDos attacks);
   • purposely creating an increased load on the Operator’s network or equipment used for the provision of Services to the Subscriber;
   • placing projects for fraudulent purposes (including "phishing", "carding", etc.)
   • placement of online stores offering pharmaceutical products and services;
   • placing pages optimized for specific Internet user requests and using them to redirect visitors to other sites (the so-called "doorway");
   • placing and using torrent trackers and torrent clients;
   • placement of resources dedicated to any kind of "financial pyramids" ("SuperProgik", "MLM", etc.);
   • placement of resources devoted to hacker themes (so-called hack-theme, warez-theme);
   • placing resources devoted to discussing, searching for or selling any kind of drugs (including smoking mixtures);
   • placing projects for the creation (so-called mining) of any cryptocurrencies;
   • placing resources devoted to erotica, pornography and others on VH;
   • placement of VH resources devoted to intimate services, escort services, etc.;
   • placement on VH of specialized programs that perform automatically and/or according to a predetermined schedule any actions through interfaces designed to interact with people (so-called chat-bots);
   • placing resources devoted to the sale of any intellectual information, including documents and certificates (diplomas, driving licenses, medical certificates, passports, essays, paper and electronic books, insurance policies, etc.) on VH
   • placement on VH of so-called pirate resources, including with active or passive links, online streaming, redirects, etc.;
   • placement on VH of resources devoted to the sale of information products, advertising networks (eg, CPA, RTB, bux, etc.), TDS, redirects, etc.;
   • placing resources on the VH, dedicated to or associated with the provision of loans, which the borrower is transferred to a small amount of money for a short period of time (the so-called microloans, microloans);
   • placing on VH or VPS online casinos and other resources related to gambling, including mirror sites, redirects, sites with links to betting shops, online sports betting services, slot machines, etc. (so-called gamble);
   • placement on the VH or VPS resources dedicated to selling without a license any kind of alcohol and tobacco products;
   • placing on VH or VPS resources devoted to IP-telephony services (including using SIP-protocol) and so on;
   • placement on the VH or VPS resources devoted to the services of psychics, clairvoyants, diviners, etc.;
   • placement on the VH or VPS resources devoted to the discussion, search or sale of any kind of cold and firearms;
   • placement on the VH or VPS resources like game servers, game control panels, launchers, proxies/tunnels, file mirrors, forums, or any other resources related to online games (e.g., Minecraft, Rust, ARK: Survival Evolved, World of Warcraft, Lineage 2, CS:GO, GTA V (FiveM), and others);
   • placement on the VH or VPS resources with streaming services video or audio files (including online movie theaters and music sites);
   • placement on the VH or VPS resources dedicated to any kind of cryptocurrency exchanges;
   • using VH or VPS for any kind of proxying (or tunneling) traffic from or to any services;
   • using VH or VPS to host VPN services (except for creating on VPS orders private VPN services or VPN servers for routing within any data center of the Operator);
10. Regularly read the official information published on the Operator’s website.
11. At the Operator’s request to provide full and reliable personal and contact information about himself in accordance with the EU legislation and common commercial practice, as well as to inform the Operator about the changes in time.
12. Bear full responsibility for all information about himself provided to the Operator incorrectly or unreliably.
13. To keep the financial documents issued to him by the Operator, confirming the payment and provision of the Services.

4. Operator rights

1. Immediately stop providing the Service to the Subscriber for up to five days or until the Operator receives comprehensive text explanations from the Subscriber in case of
   • expiry of the Service provision term and/or failure to pay for the Service;
   • any action or inaction by the Subscriber resulting in limiting or impeding other users’ access to the Service
   • attempts by the Subscriber to gain unauthorized access to the Operator’s resources and/or other systems available on the Internet;
   • breaches by the Subscriber of paragraph 3.9 of this Offer;
   • the Subscriber’s actions or inactions aimed at sending, publishing, transmitting, reproducing, providing or otherwise using for commercial purposes the information, software or other materials, fully or partially obtained by means of the Services, on condition of presence of written request from such information owner to restrict or prohibit the above-listed actions (on condition that it is not explicitly permitted by such information owner)
   • sending electronic messages of commercial and other nature that have not been previously agreed upon with the recipient, subject to a statement from the recipient of such messages;
   • publishing and sending via Internet any information which defames the Operator, as well as committing actions which interfere with normal work of the Operator.
2. The Operator has the right to block the Subscriber’s order in case of violation of the provisions of this Offer. In this case the Operator sends a warning to the Subscriber via the Ticket system in advance. If the Subscriber refuses to take actions to rectify the breach or fails to react on his/her part within five working days, the Operator shall block the order. If the Subscriber fails to react within the next ten days, the Operator shall cancel the order without further notice to the Subscriber.
3. The Operator shall have the right to transfer the Subscriber’s VH and VPS orders from one main server to another within the Operator’s infrastructure without notifying the Subscriber on condition that it does not cause degradation of the Services quality and/or stoppage of the Subscriber’s orders.
4. The Operator shall have the right to transfer the Subscriber’s VH and VPS orders from one parent server to another within the framework of the Operator’s infrastructure unilaterally with simultaneous notification of the Subscriber on this through the ticket system on condition that the Subscriber’s projects placed on the above mentioned orders create an excessive load on the parent server or other orders placed on this parent server.
5. The Operator has the right to change the terms of this Offer unilaterally on condition of obligatory publication of the new edition on the Website with indication of the date of editing and creation of the corresponding news message on the Website. The effective date of changes is the date of their publication.
6. The Operator shall have the right to unilaterally deny and/or terminate the servicing of the Subscriber without stating the reasons thereof, giving the Subscriber time to transfer his/her projects from the Operator’s infrastructure to other data carriers. At the same time the Operator shall send the Subscriber the relevant electronic notification via the Ticket system on a mandatory basis. Three days after sending the abovementioned notification the Operator shall block all the Subscriber’s orders and start the procedure of refunding the balance of money on these orders. The moment when the Subscriber’s orders are blocked shall be deemed to be the moment of termination of the Subscriber’s service.
7. The Operator shall have the right to disclose the Subscriber’s information in accordance with the requirements of the European Union legislation.
8. The Operator may unilaterally and without prior notice terminate the service for the Subscriber in case the Subscriber has offended the Operator’s employee through the Ticket system or in any other available way. The moment when the Subscriber has caused the abovementioned insult is deemed the moment of termination of service. In this case the Operator shall send an electronic notification to the Subscriber explaining the Subscriber’s actions.
9. The Operator has the right to unilaterally stop serving the Subscriber in case of creating excessive load on the Operator’s technical support, for instance, by sending a large number of messages which do not correspond to the subjects of the open questions (including spamming, chatting, flooding, etc.). In this case the Operator gives the Subscriber a warning beforehand and suggests ways to remedy the situation.
10. The Operator shall be entitled to suspend services to the Subscriber if there are doubts as to the accuracy of the personal and contact information provided by the Subscriber until he/she receives notarized documents certifying the accuracy of the provided information.

5. Subscriber’s rights

1. Require the Operator to provide the Services in accordance with the terms of this Offer.
2. To place on his orders any projects, the content of which does not contradict the laws of the European Union and the terms of the present Offer. Use the resources provided by the Operator at his/her own discretion and at his/her own responsibility.

6. Settlement procedure

1. Acceptance of this Offer by the Subscriber shall occur at the moment of payment for the Services under the bill issued by the Operator (including in the automated form through personal account on the Website).
2. The cost of services and payment procedure are indicated on the Operator’s Website. Prices are specified without VAT.
3. All payments under this Offer shall be made in one currency: euro, according to the invoice issued by the Operator.
4. Service prices in other currencies are indicated on the Operator’s website only for the convenience of the Subscriber’s settlements and are converted at the Operator’s internal exchange rate.
5. The Subscriber shall start to discharge his/her payment obligations on the date when the money enters the Operator’s account.
6. The Subscriber’s payment documents must contain reference to the Operator’s personal identifier stated in the Subscriber’s invoice or communicated to the Subscriber in any other way.
7. If the paid Services or any part thereof is not supplied within the effective period of the Offer, the Subscriber shall prepare and send the Operator a bilateral Statement of breach of conditions of the Offer. The Statement shall obligatorally specify the reasons for which the Subscriber considers the services not provided or provided improperly, and the period during which the Subscriber has not used the Operator’s services in accordance with the terms and conditions of this Offer. This Statement shall be drawn up and sent to the Operator by registered mail within five working days from the end of the month in which the terms and conditions of the Offer were violated. The Operator shall sign the Statement within five days of receipt or send a reasoned refusal to the Subscriber. If the Subscriber submits arguments on his/her inability to use the Services to the Operator’s satisfaction, the Operator shall refund the balance of money.
8. The Operator shall send the bills and invoices under this Offer to the Subscriber by electronic mail or hand them over to the Subscriber’s representative against signature in the Operator’s office.
9. If the Operator has issued an invoice for the Service provided and the Subscriber fails to pay the abovementioned bill within three days, the Operator shall block the abovementioned Service at its own discretion until all the Subscriber’s debts to the Operator have been paid in full.
10. The Operator reserves the right to unilaterally change the tariffs indicated on the Website as well as the Service conditions. In this case the change of tariffs shall not entail the change of tariffs for the existing orders, the payment made shall not be recalculated either.
11. The Subscriber is solely responsible for the correctness of payments made by him/her. If the Operator’s bank details have changed, the Subscriber should independently adjust the payment details in his/her financial documents from the moment when new details are published on the Operator’s website.
12. When paying for the Operator’s own Services (VH, VPS, DS, etc.) the billing system calculates the length of the month as 31 days. Thus payment for 3 months (quarter) equals 93 days, for 6 months (half-year) - 186 days, for 12 months (year) - 372 days.
13. The cost of VH, VPS and DS services consists of the cost of the server and the cost of additional services which the Subscriber purchases together with the server. Unless otherwise specified the discounts are provided just for the cost of the server.
14. At the first payment, the Subscriber will be offered to activate the service of auto-payment of orders without charge. By choosing to activate the service, the Subscriber agrees that the Operator’s system will automatically attempt to debit the order payment amount from the payment means which the Subscriber has bound to it, five days in advance and without warning. The Subscriber may at any time deactivate the service on the Operator’s website (section Profile -> Settings -> Profile -> Payment -> Auto-payment of orders).
15. If the Subscriber, for any reason, did not deactivate the service of automatic payment for orders in advance and the money has been charged against his/her will, he/she may apply for a refund within five working days according to the terms of this Offer.

7. Liability of the parties

1. If the Subscriber fails to comply with the payment obligation, the Operator may suspend the provision of the relevant Services for up to 5 days. The moment of the beginning of fulfillment of the Subscriber’s new obligation to pay for the Service shall be the billing or the end of the paid period of using the Service.
2. If the delay in payment for the Services exceeds 5 days, the Operator shall be entitled to terminate contractual relations unilaterally. The Subscriber shall not be released from his/her obligation to discharge the debts accumulated as of the date of termination of contractual relations.
3. The Services may be restored after their cancellation only if it is technically possible and for a fee at the Operator’s Engineer’s work rate.
4. The Operator shall not be liable to the Subscriber for any delays and disruptions in the Services provided directly or indirectly due to extraordinary circumstances (force-majeure) and other reasons beyond the Operator’s reasonable control.
5. The Operator shall not be liable for the quality of additional services provided to the Subscriber by third parties involving the Operator’s resources.
6. The Operator does not guarantee 100% protection from hacking as it uses the software developed by third parties while providing the Services.
7. The Subscriber is fully responsible for the safety of his/her login and password for access to the Services, as well as for their getting into the hands of third parties and possible unauthorized access to the Customer orders and/or their hacking.
8. The Operator has no control over the content of the Subscriber’s orders and bears no responsibility for its authenticity and/or legality.
9. The Subscriber shall be fully responsible for the compliance of the information placed by him/her on the Operator’s resources with the legislation in force, as well as for its authenticity and legality of its distribution.
10. The Operator shall have the right to suspend provision of the Services to the Subscriber pending resolution of disputes in accordance with the established procedure in case the Subscriber receives justified claims from third parties about violation of law or terms of this Offer by the fact of posting and/or distribution of any information using the Services.
11. The Operator shall not be liable for any damage, caused by the Subscriber’s actions and/or omissions, to the personality or property of citizens, legal entities, the state or the moral principles of the society.
12. If either party fails to comply with any provision of this Offer, disputes shall be settled through negotiations. If disputes and disagreements cannot be resolved by mutual agreement, they shall be resolved in accordance with the procedure established by the current legislation of Spain and the European Union.

8. Property liability of the parties

1. For non-performance or improper performance of their obligations under this Offer, the parties shall be liable in accordance with the laws of Spain and the European Union.
2. The parties shall not be mutually liable for any losses and/or damages suffered by third parties.
3. One party shall not be liable to other party for financial and other losses, as well as for loss of profit and other consequential losses, irrespective of whether it was possible to foresee the possibility of such losses to the other party in a particular situation or not.
4. The Operator’s aggregate liability under this Offer shall be limited to compensation of direct proven damages to the Subscriber in the amount not exceeding the amount actually paid by the Subscriber for the Services provided at the moment of damage.

9. Procedure for granting compensation

1. The Operator guarantees the availability ratio of the provided Services not less than 99.5% during the year (total interruption time not more than 43 hours per year).
2. If the Operator is at fault and the Service is unavailable for more than the permissible time, the Subscriber shall be entitled to receive compensation for this difference.
3. The total compensable time shall be rounded to whole hours. An incomplete hour of 30 minutes or more is rounded upward, less than 30 minutes - downward. The cost per hour is 1/720 of the monthly cost.
4. This compensation is the sole and exclusive form of compensation to the Subscriber for damages incurred by the Subscriber due to failures in the use of the Service.
5. Scheduled preventive maintenance, force majeure circumstances and other events that are not the fault of the Operator shall not be deemed as the grounds for providing compensation for the interruptions in the Service provision.

10. Order of termination of contract

1. The terms and conditions of the Offer shall come into force from the moment of payment for the Services in accordance with the procedure established by this Offer.
2. The Subscriber shall be entitled to unilaterally cancel the Operator’s Services at any time on the basis of a personal application with a bilateral signing of a billing reconciliation act.
3. The Operator has the right to deny the provision of services to the subscriber unilaterally by warning the subscriber by letter to the email address specified by him/her three days in advance.
4. All matters beyond the scope of this Offer shall be resolved by the Operator and the Subscriber in accordance with the applicable legislation of the European Union.

11. Refunds

1. The Subscriber shall be entitled to a refund in full for the unused Services. Unused service in this case means the Operator’s service paid for by the Subscriber, but not provided for his/her use.
2. The Subscriber has the right to a partial refund of the used Services in case the Subscriber is not satisfied with the quality of the provided Services or decides to stop using the Service ahead of schedule. The refund amount in this case shall be calculated as the number of the remaining full days (24 hours) of using the Service multiplied by the cost of one day, calculated from the amount of money actually paid by the Subscriber for the use of the Service.
3. The Operator shall have the right to refuse the Subscriber’s refund in case the Subscriber has explicitly violated the provisions of this Offer or the terms and conditions of the Services described herein.
4. In order to get a refund, the Subscriber should fill in a ticket specifying the order number and his/her consent to cancel it, as well as the data for access to the server and the reason for Service cancellation.
5. The Operator shall refund the money to the Subscriber to the balance of his/her account in the Operator’s system.
6. By the Subscriber’s request the Operator may refund the money to the means of payment from which the Subscriber has paid for the Service. If it is impossible to refund in this way the Operator shall refund the money to the Subscriber’s account in the Operator’s system.
7. The Operator undertakes to make the procedure of refund within 3 working days from the date of receipt of the appropriate request from the Subscriber. Refund to the account balance is made instantly, in other cases the process may take up to 45 days.
8. Refund and exchange in accordance with the provisions of this Offer are subject to the services of VH, VPS, DS.
9. The hardware and software installation services, IP-address and DNS-service, domain names, licensed software, base and full administration services are not subject to return and exchange.
10. When refunding, only the actual amounts paid by the Subscriber for the use of the Services (discounts, bonuses etc. are not refundable) shall be taken into account.
11. When calculating the amount of money to be refunded, the following conditions shall be taken into account:
    • bank commission for transfer of funds in the amount of 15% of the amount of transfer shall be deducted from the amount of refund;
    • the expenses incurred by the Operator through the Subscriber’s fault (in particular, server and network disconnections, IP-address blacklisting etc.) shall be deducted from the refund amount depending on each specific case;
    • when using the Service the refund is made for the full months not used (on the basis that one month equals thirty one days);
    • the Operator shall be entitled to deduct the refund for one full month at the current tariff if the Subscriber fails to notify the Operator of the Service cancellation 30 days in advance via the Ticket system;
    • in case of refund for the Service to which the dynamic discount on the payment term ^[2] was applied, the amount of this discount will be calculated based on the actual usage term of the order at the moment of its cancellation. For example, if an order has been paid for a year in advance with a 15% discount applied, then if you cancel after 2 (two) months of use the discount will be recalculated and will be 0%, if you cancel after 4 (four) months - 5%, if you cancel after 7 (seven) months - 10% (details ^[3]).

12. Other provisions

1. The service "Full server administration and monitoring" is provided according to list of works.
2. The "VPS Downgrade" service for the existing order for the security and safety of the Subscriber’s data shall be applied only by placing a new order at the Subscriber’s expense and transferring the data from the old order to it with the help of the Operator’s engineers. After the data transfer, the rest of the money from the old order shall be returned to the Subscriber’s balance.
3. Withdrawal of funds under the partner program to WebMoney’s service is provided by the Operator with a fee of 1% of the transaction amount.
4. If the Subscriber creates an excessive load on the mother server, the Operator may impose a limit of 150 domain names (domains of any level specified in the configuration as a separate domain name are taken into account) for the VH order. In this case the Operator shall warn the Subscriber 5 working days in advance via the ticket system about the need to reduce the number of domain and subdomain names in the current order to an acceptable amount or transfer the order to VPS with the help of the Operator’s engineers.
5. The "Send original documents" service shall be provided at the Subscriber’s expense by any method available to the Operator at the Subscriber’s choice.
6. The "Domain as a gift" service is provided to the Subscriber when ordering a VH or VPS for one year. If the Subscriber cancels the order ahead of time and asks for a refund, the cost of the domain name as a gift is deducted from the amount actually paid by the Subscriber for said order. Also, the donated domain name may not be transferred to another registrar before the VH or VPS order to which it was donated expires.
7. When registering or renewing or transferring the domain name, the Subscriber accepts the official rules of the relevant domain zone, including those relating to the principles of personal data processing.
8. If the Subscriber uses more resources than prescribed by the chosen VH or VPS tariff, the Operator may restrict the Subscriber’s orders in this regard, including by means of imposing limits in the virtualization technologies (CageFS and others) used by the Operator and blocking the orders until the Subscriber eliminates the reasons of excessive use of resources.
9. Due to the blocking of the Operator’s networks on the territory of Turkmenistan, the orders of the clients using the Operator’s services within the jurisdiction of Turkmenistan shall be cancelled. No refunds for such orders shall be provided.
10. The Operator by default provides the service of the dedicated unlimited non-guaranteed Internet channel of 100 Mbit/s for VPS orders or 1 Gbit/s for DS orders.

13. Operator’s requisites

1. Operator is one of the companies:
   • Fornex Hosting S.L.. Legal address: Edificio Altair - Office 212, Urb. Saladillo 214, 29680 Estepona (Málaga), Spain
   • Fornexcloud Ltd.. Legal address: Arch. Makariou III, 95, Charitini Building, Floor 1, Flat 102, Nicosia, Cyprus, 1071
   • FORNEX INC. Legal address: 30 N GOULD ST STE R, SHERIDAN, WY 82801
2. The Operator's payment details are specified in the invoice and other reporting documents after the order is placed.

Date of publication: May 8, 2024