Terms of Service

Forticom, LTD,(collectively "Forticom", "we", "us" or "our") welcomes you to forticom.net (the "Website"). These terms and conditions of service (collectively, with Forticom’s Privacy Policy, the “Terms of Service” or “Agreement”) govern your use of the Website and the Services, features, content or applications operated by Forticom (together with the Website, the “Services”), and provided to the Client (the “Client”, “you” or “your”). Please read these Terms of Service carefully before using the Services. These Terms of Service apply to all users of the Services, including without limitation any sub-users. Using the Services in any manner constitutes your acceptance and agreement to be bound by these Terms of Service, and all other operating rules, policies and procedures that may be published from time to time on the Website by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you. You acknowledge receipt of our Privacy Policy. If you ordered the Services on the Website, use the Website, or otherwise engage in any electronic transaction with respect to the Services, then you agree to receive any updates to our Privacy Policy by accessing the Website. By using our Website or purchasing our products or Services, you agree that we may use and share your personal information in accordance with the terms of our Privacy Policy.

These Terms of Service provide that all disputes between you and Forticom will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT A JUDGE OR JURY and your claims cannot be brought as a class action. Please review Dispute Resolution below for the details regarding your agreement to arbitrate any disputes with Forticom. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

Forticom reserves the right, at any time and from time to time, to amend or to modify these Terms of Service without prior notice to you, provided that if any such alterations constitute a material change to these Terms of Service, Forticom will notify you by posting an announcement on the Website, or via email. Amendments and modifications shall take effect immediately when posted on the Website. By continuing to access or use the Services after any such amendments or modifications, you agree to be bound by such amended or modified Terms of Service. For this reason, we encourage you to review the Terms of Service whenever you use the Services. If you do not agree to any change to these Terms of Services, then you must immediately stop using the Services.

SOME JURISDICTIONS HAVE CONSUMER PROTECTION AND OTHER LEGISLATION WHICH MAY APPLY TO THE SERVICES AND WHICH DO NOT ALLOW CERTAIN PROVISIONS SUCH AS LIMITATIONS OF LIABILITY AND EXCLUSION OF CERTAIN WARRANTIES, AMONG OTHERS. TO THE EXTENT THAT A LIMITATION, EXCLUSION, RESTRICTION OR OTHER PROVISION SET OUT BELOW IS SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SUCH LIMITATION, EXCLUSION, RESTRICTION OR PROVISION MAY NOT APPLY TO YOU.

All Services provided by Forticom are to be used for lawful purposes only. The Client agrees to indemnify and hold harmless Forticom, from any claims resulting from the Client’s use of Forticom’s Services which damages the Client or any other party.

WHAT IS PROHIBITED:

Examples of prohibited usage of Forticom Services for purpose of (but are not limited to):

Forticom will be the sole arbiter as to what constitutes a violation of this provision.

Examples of prohibited actions within Forticom infrastructure:

– Any attempts to undermine or cause harm to a Forticom infrastructure or Client of Forticom is strictly prohibited including, but not limited to:

Forticom will be the sole arbiter as to what constitutes a violation of this provision.

Examples of Advertising & Promotions Limitations for Forticom Clients (but are not limited to): In the following scenarios Forticom Clients are prohibited from advertising, promoting or making claims related to Services which are hosted upon infrastructure at Forticom. This limitation includes what is allowed to be stated on your website, to customers, in promotions and in advertising materials. This limitation applies to claims by the Client which relate to Services hosted by Forticom.

Forticom will be the sole arbiter as to what constitutes a violation of this provision.

SUPPORT:

Technical Support

Forticom support includes access to technical support provided via phone, ticket system and email.

Forticom’s technical support is strictly limited to the direct customer of Forticom and not to in-direct Client. For example, a Client of the Forticom Customer is not entitled to Support from Forticom and should at no time be given Account Access, Passwords, or Passphrases for Forticom’s Support. It is the obligation of the Forticom customer to ensure compliance with this policy.

Server Administration (Paid Service)

Forticom offers server administration service on dedicated and virtual servers. With our specialized technical team at your disposal, you will receive a qualified support for your server operations. Request server administration service to execute technical activities which fall out of the standard Forticom support service scope. " Server Administration" service Terms and Conditions, SLA and pricing apply.

Best Effort Support

Forticom will, when possible as a courtesy to its customers, provide Best Effort support on products, applications and 3rd party software that is not explicitly covered under the customers management contract. We provide support in Latvian, English and Russian languages. Best Effort support means that when possible Forticom technicians will provide their best effort to help support our customers. Best Effort Support is not guaranteed and may vary dramatically. No warranties or guarantees are provided on Best Effort Support.

Back Up Copy

Customer agrees to maintain a current copy of all content hosted by Forticom notwithstanding any agreement by Forticom to provide back up Services such as Acronis Backup.

Courtesy Services for Customers

All Services such as backup are provided for the courtesy of the Client. It is the sole responsibility of the Client to maintain the Client’s own backup of any data. Forticom is not responsible for lost data or for lost data due to third party software that is not maintained by Forticom programming staff (CPanel or any other software listed in OS Template server configurator are not associated with Forticom).

Scheduled Maintenance and Downtime

Forticom will use its commercially reasonable efforts to provide Services 24 hours a day, seven days a week. Client acknowledges that from time to time the Services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades (“Scheduled Downtime”); or service malfunctions, and causes beyond Forticom’s control or which are not reasonably foreseeable by Forticom, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. Forticom will provide at least 72 hours advance notice to the Client for Scheduled Downtimes , and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. Forticom has no responsibility for downtime resulting from a user’s actions.

ACCOUNT CREATION AND TERMINATION:

Account details

The Services are not targeted towards, nor intended for use by, anyone under the age of 13. By using the Services, you represent and warrant that you are 13 years of age or older. If you are under the age of 13, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.

To use the Service, you must register, or have previously established, an account within Forticom (an “Account”). Creation and use of Accounts are subject to the following terms and conditions:

When creating an Account, you are required to provide Forticom with certain accurate, valid and up to date information such as, but not limited to, your name, address, phone number, email address. For a private person the provided information should contain at least: full name of Account holder, address of residence, phone number and email address. For legal person it is required to provide: legal address, company registration number, phone number, email address and the full name of the Account holder entitled to operate it on the behalf of the company.

You are solely responsible for the activity that occurs on your Account, regardless of whether the activities are undertaken by you, your employees or a third party (including your contractors or agents), and for keeping your Account password secure.

You may never use another person's user account or registration information for the Services without permission.

The maximum number of Accounts that a private or a legal person may register within Forticom is limited to no more than one (1) Account.

It is your obligation to maintain the provided Account information up to date. Keeping your contact information up to date may be critical for the purpose of receiving Forticom's support as contemplated by SLA.

Forticom's retention of your personal information is subject to Privacy Policy.

At any time, Forticom may request for a valid proof of the Account details you have provided, such proof as, but not limited to, a copy of your private ID or your company license and registration documents. Denial to comply or fact of providing false Account details may lead to your Account suspension and termination.

FORTICOM WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE AS A RESULT OF YOUR FAILURE TO PROVIDE US WITH ACCURATE INFORMATION OR TO KEEP YOUR ACCOUNT SECURE.

Password Security and Account Authorization

Forticom provides customers flexibility over their own passwords, account access and authorization procedures. Customers are responsible for selecting the appropriate authentication procedures and selecting the proper information which will be used to authenticate the account. It is the responsibility of the customer to protect the information used to authenticate their account. Account access, password security and server security are the responsibility of the customer. Forticom will not be liable for any damages, direct or indirect, that result from unauthorized account access, password compromise or hacking.

Termination

Forticom reserves the right, in our sole discretion, to terminate your access to all or any part of the Services at any time and terminate the Services, with or without notice, effective immediately, including but not limited to as a result of your violation of any of these Terms of Service or any law. Any such termination may result in the forfeiture and destruction of information associated with your Account. Forticom may provide prior notice of the intent to terminate Services to you if such notice will not, at Forticom’s discretion, run counter to the intents and purposes of these Terms of Service. Any fees paid hereunder are non-refundable and any fees owed to Forticom before such termination shall be immediately due and payable, including any liabilities that may have been incurred prior to termination such as Forticom’s costs for collection (including attorneys’ fees) of any such charges or other liabilities. Upon termination, any and all rights granted to Client by this Agreement will immediately be terminated, and Client shall promptly discontinue all use of the Services. If you wish to terminate your Account, you may do so by following the instructions written below in " Cancellation Procedure" paragraph. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Cancellation Procedure

Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, the billing password or an account passphrase created by customers. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification. Customer may submit a cancellation request via help desk ticket ( secure.forticom.net/clientarea). Forticom is not able to schedule cancellation requests. Customer is responsible for any fees incur for Services to customer if no formal cancellation request is submitted.

Please note that we keep logs of Clients’ activity and Personal Data for legal reasons and for the purpose of diagnosing and fixing of possible problems to occur later. This theme is addressed in our Privacy Policy in "Data retention" and "Data security" articles.

FINANCE:

The account will be charged based on selected billing cycle for the service. Billing dates are recurring on the day the account was opened.

Refunds

We will provide refunds on a case-by-case basis based on our SLA. In case of return of unused funds, the refund amount is equal to the amount of unused funds in the account, minus payment systems' transfer commission costs.

Any violation of Forticom’s Terms of Service Agreement shall result in no refund.

Credit Card Charge Backs

A credit card chargeback fee equivalent to payment systems' transfer commission costs plus €20 will be charged to any customer’s account for any chargeback received by their financial institution. The original charge amount and penalty fee must be paid immediately in order to guarantee that Services will remain online and available. If a customer or anyone paying on the customer’s behalf has used a credit card to pay for Services ending in 2 or more chargebacks, will result in credit card payment privileges being revoked (full payment will be due via money order or wire transfer). This fee will be waived and credit card payment privileges reinstated if the chargeback resulted in error, provided that supporting documentation is submitted. If a credit card was used to pay for more than one customer account resulting in multiple chargebacks, each account will be assessed the chargeback fee. Chargebacks received are reversed from the customer’s account, leaving the balance due and payable immediately. Outstanding balances are subject to the unpaid fees and delinquent accounts policy and may result in service suspension or account termination (if the account is terminated all information within the account will be deleted).

Automatic Payment Liabilities

When the Client creates an automatic payment profile in order to pay for Forticom Services automatically, the customer is responsible for the cancellation of this profile when he no longer wants to use this method of payment for Forticom Services. Forticom is not responsible for processing or refund of the payment which was received for non-existent or disabled service. Please see full terms of the automatic payment service which apply when you subscribe to any of the Forticom Services - Automatic Payment

Opening a Dispute with Payment System

Please note that Forticom reserves right to immediately terminate all related to dispute accounts and Services without refund if we consider your opened dispute with the payment system about the refund of the money paid for Forticom Services to be an abuse of the payment system (if the account is terminated all information within the account will be deleted).

Event of Default by Customer

(Disabling of Services due to overdue payment). All invoices are generated 7 days prior to the date of payment. If the customer fails to pay an invoice within 3 days after the missed payment date of that invoice, Forticom reserves the right to disconnect service without further warning. If Services are disconnected for non payment, customer must pay all past due charges up to the day of service disconnection in order to reconnect service.

Forticom’s Remedy upon Default; Termination

In addition to all rights and remedies granted to Forticom in this Terms of Service (including, but not limited to, the right to charge and collect Late Charges), upon the occurrence of an Event of Default, Forticom shall have the right

Upon such termination, Customer agrees to and shall immediately pay to Forticom all Fees and other amounts due and owing for Services provided through and including the effective date of termination.

LEGAL:

Regulatory legislation

Forticom is an international business acting under different jurisdictions/legislations, this means that:

SOME JURISDICTIONS HAVE CONSUMER PROTECTION AND OTHER LEGISLATION WHICH MAY APPLY TO THE SERVICES AND WHICH DO NOT ALLOW CERTAIN PROVISIONS SUCH AS LIMITATIONS OF LIABILITY AND EXCLUSION OF CERTAIN WARRANTIES, AMONG OTHERS. TO THE EXTENT THAT A LIMITATION, EXCLUSION, RESTRICTION OR OTHER PROVISION SET IN THESE TERMS OF SERVICE IS SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SUCH LIMITATION, EXCLUSION, RESTRICTION OR PROVISION MAY NOT APPLY TO YOU.

Dispute Resolution In case Any dispute between Forticom and a Client are not settled by negotiations, they should be examined by the Arbitration Court in accordance with the effective Latvian legislation, observing the rules of jurisdiction. Each party shall bear its own expenses and legal fees for the Arbitration Court. The court shall be conducted in Arbitration Court of city Riga (Latvia), unless both parties agree in writing to a different location. Any threat of a lawsuit against Forticom can lead to an immediate shutdown of all provided to you Services.

Copyright Policy

Clients may not use the Services in violation of the copyrights, trademarks, patents or trade secrets of third parties, nor shall they utilize the Services to publish such materials in a manner that would expose them to public view in violation of the law. The provisions of all applicable international trademark, copyright, patent or other intellectual property laws and specifically applicable local, state and national laws, regulations and jurisdiction will apply to issues presented by allegations of copyright violations by third parties. Forticom will, in appropriate circumstances, terminate the accounts of repeat violators. If a third party believes that a Client of Forticom is violating its intellectual property rights, it should notify us by email at [email protected] , a notification should include information reasonably sufficient to permit Forticom to locate the allegedly infringing material, such as the IP address or URL of the specific online location where the alleged infringement is occurring. Please note that when sending a claim to Forticom about copyright infringement with an instruction to remove or block a particular Client's resource, you must follow the Procedure for Making Claims of Copyright Infringement.

Indemnification

Customer agrees to indemnify and hold harmless Forticom, its subsidiaries, their affiliates and each of their respective directors, officers, employees, shareholders and agents (each an “Indemnified Party”) against any losses, claims, damages, liabilities, penalties, actions, proceedings, judgments, or any and all costs thereof (collectively, “Losses”) to which an Indemnified Party may become subject and which Losses arise out of, or relate to the Agreement, Customer’s use of the Products and Services, breach of any confidentiality obligation or any alleged infringement of any trademark, copyright, patent or other intellectual property right and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys’ fees incurred by such Indemnified Party, in connection with investigating, defending, or settling any Loss, whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.

Limitation of Damages or Liability

EXCEPT AS DESCRIBED IN THE SLA, FORTICOM SHALL NOT BE LIABLE TO CUSTOMER FOR HARM CAUSED BY OR RELATED TO CUSTOMER’S SERVICES OR INABILITY TO UTILIZE THE SERVICES UNLESS CAUSED BY WILLFUL MISCONDUCT. FORTICOM SHALL NOT BE LIABLE TO CUSTOMER FOR LOST PROFITS, INDIRECT, SPECIAL OR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. NOTHWITHSTANDING ANYTHING ELSE IN THIS TERMS OR SERVICE AGREEMENT, THE MAXIMUM AGGREGATE LIABILITY OF FORTICOM AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW SHOULD NOT EXCEED THE AVERAGE MONTHLY FEES IT HAS COLLECTED ON THE ACCOUNT. EXCEPT AS OTHERWISE PROVIDED IN THIS TERMS OF SERVICE AGREEMENT, FORTICOM PROVIDES ALL PRODUCTS AND SERVICES “AS IS”, WITHOUT WARRANTY OR ANY KIND, WHETHER EXPRESS, OR IMPLIED AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF ANY PRODUCT AND SERVICE AND FORTICOM SHALL HAVE NO LIABILITY ASSOCIATED WITH THE FORGOING. CUSTOMERS ARE RESPONSIBLE FOR ENSURING SECURITY OF SERVERS.

PROMOTIONAL USE:

Forticom may refer to You, Your company, or your logo’s for promotional purposes. Your company name, logos and the Services that were provided to the customer by Forticom may be used in promotional materials, advertising, marketing releases, newsletter, public disclosures and on the Forticom website. This reference will be strictly limited to disclosure that Forticom has provided Services to the company and will not contain any confidential, sensitive or proprietary information in such a reference. The reference will also not provide any personally identifiable information about the individual or technical information regarding the server configuration and design used by the customer at Forticom. However, Forticom may disclose any information requested by law enforcement or when compelled by court order, applicable laws or regulations.

GENERAL:

Terms Of Service are subject to change without any prior notification. Content that does not meet these standards may be removed without prior notice to the Client.

These Terms of Service are a legally binding contract between the Client and Forticom.

By opening an account, the Client agrees to the above-stated terms.

Anything not listed in the Terms of Service is open to interpretation and change by Forticom administrators without prior notice.

Any violation of these Terms of Service will result in termination of the account. Forticom maintains the right to terminate accounts without prior notification.

Any work or professional Services performed or provided by Forticom under this Agreement shall not be deemed as Work For Hire.

In the case that a customer is terminated for violating one or more of the Forticom Terms of Service, Forticom reserves the right to deny access to, and/or, destroy customer data stored on the offending server or account.

You will be held responsible for all actions performed by your account whether it be done by you or by others. All sub-networks of Forticom and all dedicated servers must adhere to the above policies.

SIA Forticom

Registration number: 40003493646

VAT: LV40003493646

Ulbrokas iela 23, Vidzemes priekšpilsēta, Rīga, LV-1021, Latvia

email: [email protected]

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