Terms of Service

Introduction

Ability Networks B.V. agrees to provide and furnish services to the Customer, subject to the following Terms of Service (ToS). Use of the Ability Networks service constitutes acceptance and agreement to our Terms of Service (ToS). We reserve the right to make changes to the provided Terms of Service (ToS) as needed, without notice to our clients.

1. Delivery of Services and Terms

The Customer agrees to pay Ability Networks B.V. the fees charged by Ability Networks B.V. for (i) the Service(s) during the Initial Term and for any Renewal Term, and (ii) certain limited services and equipment needed by the Customer on a “one-off” or emergency basis (“Supplemental Services”) where such services are not included within the scope of the Services as described in the Order Form(s). 

The Customer agrees to pay Ability Networks B.V. the fees charged by Ability Networks B.V. for Supplemental Services, and hereby authorizes Ability Networks B.V. to perform such services on its behalf.

2. Use of Ability Networks B.V. Services

To ensure the integrity and efficiency of all services provided by Ability Networks B.V., all Customers must abide by the service terms described below.

2.1 Server Space and Bandwidth

The Customer may only occupy the allocated disk space, bandwidth, and Mbps speed, as described in the Order Form. 

Additional fees will be charged for exceeding these resources.

When the said resources exceeds to the point that it is disrupting other accounts holders on the same server, Ability Networks B.V. reserves the right to deactivate the service until a resolution is reached.

2.2 Sharing Account Resources

Ability Networks B.V. allows a Customer to share their account resources with other non-account holders. However, the account holder is solely responsible for any and all actions or activities performed using their account.

It is strictly forbidden to give away and/or sell the services provided by Ability Networks B.V. within or in addition to an existing account with Ability Networks B.V. 

2.3 Excessive Resource Usage and/or Abuse

Any account that affects the functionality or operation of any other services provided to our other Customers may face a temporary suspension until a resolution is reached.

2.4 Acceptable Use Policy

This Acceptable Use Policy specifies the restrictions applied to the services the Customer is subscribing for with Ability Networks B.V. This policy is created and followed carefully to ensure the protection, integrity, reliability and privacy of Ability Networks B.V. as a private company. 

Ability Networks B.V. has the right to change this policy at any given time, and at the moment of its modification, it is put into effect immediately. The Customer alone is responsible for all activities that occur during their use of the services of Ability Networks B.V., and they agree not to use their services for prohibited causes.

Please note that this Acceptable Use Policy is subject to change and it is the Customer’s responsibility to regularly check for modifications.

Prohibited Content

The Customer is responsible for any content transmitted or accessed using the network of Ability Networks B.V. Transmission, storage, or presentation of any information, data, or material in violation of any applicable law or regulation is prohibited. 

The Customer may not use the network of Ability Networks B.V. to facilitate the violation of any particular law or regulation or this Acceptable Use Policy. The activities listed below are meant to provide examples of activities and content that are strictly prohibited by this Acceptable Use Policy and the list is not exhaustive. Use of the network of Ability Networks B.V. to host content related to or to engage in the following activities is strictly prohibited.

  • Scam or fraudulent websites
  • Spam
  • Pharmaceutical websites
  • Terrorist and extremist websites
  • Mass mailing
  • Reverse proxies
  • Selling illegal substances
  • Phishing websites
  • Botnet controllers
  • DDoS scripts
  • Brute force attacks
  • Packet flood scripts
  • SIP scanners
  • IP spoofing attacks
  • Virus, trojan or malware distribution
  • Online surveys or survey-based websites
  • Third-party software distribution or encouragement of users to download such software
  • Scanning of password and password guessing tools, bots and/or software
  • Any websites associated with hacks or cheats
  • Vulnerability scanners
  • Anything related to forex
  • Unlicensed IPTV services
  • The sale or distribution of replica items
  • Under legal age nudity
  • Adult content involving real violence
  • Adult content involving animals (bestiality or zoophilia)
  • Anything related to in-game virtual currencies and generators thereof
  • Anything related to cryptocurrency and multi-level marketing schemes
  • Any type of activity that can lead to the IP being blocked by organizations such as Spamhaus

If you’re unsure whether your business violates our Acceptable Use Policy, please reach out to us before purchasing our services. Ability Networks B.V. reserves exclusive rights to determine what is and what isn’t acceptable on our network.

Content Considerations

The following is a list of restrictions that apply to the specified operations in the servers and network operated by Ability Networks B.V.

TOR Services: TOR exit and relay nodes may only be run on Ability Networks’ dedicated server network with dedicated bandwidth.

IRC Services: Legal use of IRC is allowed on the network of Ability Networks B.V. IRC may not be used on Ability Networks’ network when the intentions are associated with the list of prohibited content.

Freedom of speech: Ability Networks B.V. respects the Dutch Constitution and does not censor its Customers on the basis of content unless required by the applicable Dutch laws. The Dutch Constitution guarantees freedom of speech, but places certain limitations in sections 137, 137c, 137d, 137e, 137f, 137g and 137h. The Services shall be used solely for legitimate business and commercial purposes, and no Customer shall not use Ability Networks’ Services for activities which, at the sole discretion of Ability Networks B.V, may be illegal, offensive, abusive, or that would expose Ability Networks B.V. to criminal or civil liability. If a Customer’s data is found to be in breach of this Acceptable Use Policy, Ability Networks B.V. reserves the right to suspend or terminate their account without prior notification.

Use of unlicensed software: While Ability Networks B.V. does not monitor what software a Customer is installing on their servers, the Customer is fully responsible for getting appropriate software licensing. In the event of a complaint received from a software company, Ability Networks B.V. reserves the right to request that the user stops using unlicensed software or switch to a licensed version, as well as to permanently suspend the client’s account for their failure to comply with any such requests.

Force Majeure

In no event shall Ability Networks B.V. be held responsible or liable for any delay or failure to fulfill its obligations under this agreement due to, directly or indirectly, forces and circumstances beyond its control. These include, but are not limited to, accidents; acts of war and terrorism; changes in relevant laws or regulations; civil and military disturbances; disruption or outage of communications or power utilities; earthquakes; fires; floods; strikes; storms; work stoppages; natural or nuclear catastrophes; or any other such cause.

Ability Networks B.V. shall not be held responsible or liable for any consequential damage incurred, either directly or indirectly, as a result of its failure to perform its obligations under this agreement due to a force majeure. For the purposes of this agreement, “damage” includes any:

loss of income and/or profits; expenses incurred to prevent or reduce consequential damages; and any damage other than direct damages, including, but not limited to, consequential loss or damage to information and/or data.

In the event that Ability Networks B.V. fails to establish a connection in a timely manner and/or fails to realize the possible SLA as a result of delayed completion of (fixed) telecommunications and/or electricity connections, Ability Networks B.V. shall not be liable for any resulting damage.

In the event of a force majeure, both parties to this agreement undertake that they shall make all reasonable efforts to resume performance as soon as practicable unless agreed otherwise.

In the event of a contractual agreement for crediting period invoices, outages, and/or downtime, between the Customer and Ability Networks B.V., the outage and/or downtime monthly period calculation shall include only downtime due to intent or gross negligence on the part of Ability Networks B.V. Cable cuts, both inside and outside the network of Ability Networks B.V., DDoS attacks, downtime due to hardware and/or software failure, configuration, and software changes shall be covered by or for the Customer independently of the outage and/or downtime monthly period calculation.

The Customer undertakes to insure their hardware, software, and any related services and/or products. Any such insurance policy must cover the potential loss of income, damage to third parties, and consequential damages arising from force majeure.

The Customer is fully responsible for all services received by Ability Networks B.V. In the event that Ability Networks B.V. carries out any repair(s) of fault(s) and/or damage(s) caused by the Customer, Ability Networks B.V. shall be reimbursed by the Customer for the full amount of expenses incurred. Such repairs include but are not limited to:

Preventing DDoS from attacking the Customer;

Repairing electrical faults in the Customer’s rack(s); and

IP subnet damage caused by the Customer in the server room.

For more information on the Acceptable Use Policy and its consequences, contact us at: [email protected]. 

2.5 Server Vulnerabilities and Updates

The Customer agrees to grant Ability Networks B.V. permission to launch forced updates and close vulnerabilities in all possible ways to protect and ensure the security of all the Customers and servers of Ability Networks B.V. The company reserves the right to use all options at its disposal to stop the vulnerabilities in older software versions that may threaten other Customers or be used to perform illegal activities on the company servers.

2.6 Restricted Locations

Ability Networks B.V does not offer its services to the following locations: Russia, Crimea, Cuba, Iran, North Korea, Syria, Sudan. 

If Ability Networks B.V learns that a Customer’s account is associated with any of these locations, the account will be suspended without prior notice.

3. Fees and Payment Terms

The Customer will pay all fees due according to the prices and terms listed in the Order Form(s) and all other fees incurred by the Customer related to the Services, Supplemental Services, reinstatement of service fees and fees for switching or upgrading servers, all in accordance with the current Ability Networks B.V. prices and policies.

3.1 Invoice Notifications

Ability Networks B.V. will send any invoices to the main email account of the owner of the account based on the service terms. Ability Networks B.V. cannot guarantee that this email will be received by the Customer. 

As an option, Ability Networks B.V. may provide the Customer a Billing Control Panel (also referred to as a Client Portal) where the service invoices can be reviewed and paid.

3.2 Suspensions and Termination

For any payment not received within three (3) days of the invoice due date, Ability Networks B.V. reserves the right to suspend the service without any notice. After fourteen (14) days of not receiving payment confirmation, Ability Networks B.V. reserves the right to terminate the service, and consequently remove all associated content (data, emails, files, etc.), without any further notice.

4. Intellectual Property Ownership

This Agreement does not transfer from Ability Networks B.V. to the Customer any Ability Networks B.V. technology, and all rights, titles and interest in and to Ability Networks B.V. will remain solely with Ability Networks B.V. 

This Agreement does not transfer from the Customer to Ability Networks B.V. any Customer Technology, and all right, title and interest in and to Customer Technology will remain solely with the Customer. 

Ability Networks B.V. and the Customer each agree that it will not, directly or indirectly, reverse engineer, decompose, disassemble or otherwise attempt to derive source code or other trade secrets from the other party and/or its third party vendors.

5. Limited Warranties

Each of the guarantees in the Order Form(s) is null and void if the Customer fails to follow the Terms of Service of Ability Networks B.V. or otherwise breaches the Agreement in any respect.

5.1. No Other Warranty

Ability Networks B.V. does not monitor or exercise control over the content of the information transmitted through its infrastructure. The Services and Supplemental Services are provided on an ‘as is’ basis, and the Customer’s use of them and any information they discover as a result is done at their own risk. 

Except as provided in the order form(s), Ability Networks B.V. does not make, and hereby disclaims, any and all other express and/or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement and title, and any warranties arising from a course of dealing, usage or trade practice. 

Ability Networks B.V. does not warrant that the services will be uninterrupted, error-free, or completely secure.

5.2 Disclaimer of Actions Caused by and/or Under the Control of Third Parties

Ability Networks B.V. does not and cannot control the flow of information to or from the Ability Networks B.V. network and other areas of the Internet. Such flow depends in large part on the performance of Internet services provided or controlled by third parties. At times, actions, or inactions of such third parties can impair or disrupt the Customer’s connections to the Internet (or areas thereof). 

Ability Networks B.V. cannot guarantee that such events will not occur. Accordingly, Ability Networks B.V. disclaims any and all liability resulting from or related to such events.

6. Limitations of Liability

In no events shall Ability Networks B.V. be liable for damages resulting from loss of data, profits, use of the Ability Networks B.V. site or any Ability Networks B.V. services, for any incidental, indirect, punitive, or consequential damages in connection with this agreement or in connection with any products or services provided hereunder. In no event shall the cumulative liability of Ability Networks B.V. exceed an amount greater than the Customer’s associated hosting fee (less set-up fees, domain registration, and overages).

By accepting this Agreement, you agree to indemnify, defend, and hold harmless Ability Networks B.V. from any and all liabilities, penalties, losses, damages, costs, expenses, attorney’s fees, causes of action, and/or claims caused by or resulting indirectly from your use of our services.

The Customer agrees that they are responsible for backups and other protection of their data against loss, damage, or destruction. Ability Networks B.V. will have no obligation or liability with respect to lost, damaged, or destroyed data.

7. Payments, Cancellations, and Refunds

7.1 Payments

All invoices must be paid within 3 days after being emitted, in order to avoid suspension of the Services. Ability Networks B.V. will take reasonable attempts to notify the Customer of their due payment via the contact information provided by the Customer, but Ability Networks B.V. cannot guarantee that the Customer will receive those notifications. If the payment is not processed by the 3rd day after the invoice was emitted, the Services will be suspended on that day.

The Termination of the services will be done on the 15th day after invoice was emitted; this means that the service Ability Networks B.V. offers you will be canceled, and the Customer’s data will no longer be available.

7.2 Cancellations

To terminate your service, email us at [email protected] and clearly state that you wish to cancel our arrangement. A customer service representative will move the process forward as soon as possible.

In case of PayPal subscriptions, in addition to requesting cancellation via email, you must cancel any active PayPal recurring payment subscriptions by logging to your PayPal account and requesting the cancellation directly from PayPal. 

As Ability Networks B.V. does not have access to any Customers’ PayPal accounts, we cannot and will not be responsible for unintended payments made via the automatic payment subscription service. We do, however, provide refunds for unintended payments after cancellation upon request.

Canceling your account removes your website’s files from Ability Networks’ services. Be sure that you have copies of any files you want to keep before you cancel your account.

7.3 PayPal Chargebacks

If a Customer requested a chargeback on a PayPal payment prior to the cancellation of their Ability Networks services without any notification sent to Ability Networks and without attempting to reach a resolution, they are not entitled to a refund to the chargeback. Ability Networks B.V. will mark this activity as fraudulent.

7.4 International Bank Transfers

If a Customer is wiring money directly to the bank account of Ability Networks B.V. from a country outside of the EU, their payment is considered an international bank transfer payment. All invoices paid via this method are required to pay an additional 14 euro fee.

8. Scheduled Downtime

Scheduled downtime occurs during pre-announced downtime periods. Customers will be notified about downtime in advance via email, in as timely of a matter as possible and at a minimum 24 hours notice. Downtime caused by scheduled network upgrades will not be eligible for refunds.

Ability Networks B.V. makes no warranty or guarantee whatsoever regarding the Service, and to the extent permitted by applicable law, disclaims any and all warranties including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

9. Applicable Law and Conditions

9.1 All agreements between the Customer and Ability Networks B.V. are governed exclusively by Dutch law. Any applicability of the Vienna Sales Convention is excluded.

9.2 These General Terms of Service and any Service Order shall be interpreted in accordance with Dutch Law. Any disputes arising out of or in relation to a Contract shall be exclusively brought before the courts of Amsterdam.

9.3 The Customer shall observe all Laws, rules, codes, and regulations applicable in the Netherlands regarding the usage of Hosting Services and the types of Hosted Materials.

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