Terms of Service – F3 Cloud

The offer

F3 Cloud, hereinafter the Company, offers the rental of virtual and dedicated servers and related services to any legal entity or individual, hereinafter the Customer, on the terms of this Offer.

In accordance with the law of England and Wales and with the regulations of the European Union, payment by the Customer for the services of the Company is treated as unconditional acceptance of the terms of this Agreement. Payment by the Customer is treated as received once the funds are credited to the account of the Company or of its authorised payment agent, provided that supporting payment documents identifying the payment have been received.

1. What the Company is responsible for

1.1. Problems with host machines and connectivity are the responsibility of the Company.
1.2. Problems with the operating system and with any software installed on the virtual server by the Customer are the responsibility of the Customer.

2. Payment

2.1. Services are provided on the basis of 100% payment, within 3 (three) business days after payment.
2.2. Individuals may pay by electronic payments only.
2.3. Hosting is paid in euros (EUR) or Russian roubles (RUB) at the prices in force published on the official website of the Company at https://f3cloud.com
2.4. The fees of intermediaries and payment systems may be added to the payment.
2.5. If the next hosting period is not paid for, the Company suspends the services.
2.6. After the services are suspended, the data is kept for 48 (forty-eight) hours. After that period all the data of the Customer relating to the service may be deleted without the possibility of recovery.
2.7. If payment in full is received after the service has been suspended, the service is resumed within 24 (twenty four) hours.
2.8. By enabling the “Auto payment” option the Customer allows the Company to charge the linked bank card for the amount needed to activate the service or services, taking into account the balance available in the client area.
2.9. The Customer may switch off auto payments at any time in the client area at https://my.f3cloud.com/
2.10. The DE-PROMO plan is a special promotional offer. By activating this plan the user confirms that they agree to the following conditions:
a) The service under the promotional plan is treated as provided in full from the moment it is activated.
b) The price of the promotional plan is a special offer and is not refundable.
c) The terms of the promotional plan are governed by these terms of use and by the law of the United Kingdom and the EU in force.

3. Refunds

3.1. A refund is possible only where the server was inoperable through the fault of the Company, and only for the days that were not actually used.
3.2. The refund is made within 14 business days to the account the payment was made from.
3.3. To request a refund, write a support request with the subject “Refund” in the client area at https://my.f3cloud.com/
3.4. If the terms of service are breached, the Company may refuse the Customer a refund.
3.5. If the Company incurred losses through the fault of the Customer who is being refunded (servers or networks taken offline, IP addresses put on blacklists and so on), the costs incurred by the Company are deducted from the refund.
3.6. The Customer may be refused a refund if fraud or a breach of the terms of service described in this offer has been established.
3.7. Where the Customer requests a refund because of a mismatch in the geolocation, the location or the registration of IP addresses, the decision is made on the basis of the data provided by the RIPE NCC service (https://apps.db.ripe.net/db-web-ui/query). The information from this source is treated as taking priority and as final for determining the actual location of an IP address. The Customer may be refused a refund if the RIPE NCC data does not confirm the mismatch claimed by the Customer.
3.8. No refund is made for an activated DE-PROMO promotional plan. This plan is provided on the conditions described in clause 2.10 of these Terms and is treated as fully provided from the moment it is activated.
3.9.1. Where the Company, at its own discretion, credits the account balance of the Customer as a gesture of goodwill (including but not limited to situations where the Services were working but did not match the subjective expectations of the Customer), such credited amounts are treated as service credits.
3.9.2. Service credits are not refundable, cannot be withdrawn and cannot be exchanged for money, cryptocurrency or any other form of compensation, and may be used solely to pay for the Services of the Company.
3.9.3. Service credits are not a refund and do not create any obligation of the Company to refund within the meaning of the applicable consumer protection law.
3.10.1. To process a request for a refund of funds paid in cryptocurrency, the Company may require the Customer to go through identification (KYC), including providing identity documents, as well as other checks, where such verification is reasonably necessary to prevent fraud and refund abuse and to keep operations secure.
3.10.2. Failing to complete the required verification may suspend the processing of the refund request until the relevant checks are completed successfully, and does not deprive the Customer of the legal rights provided by the applicable law.
3.10.3. A refund is possible solely for funds that are on the account balance of the Customer and have not been used to pay for Services provided, and have not been charged for activation, for granting access or for other service actions actually performed.

4. Rights and duties of the Customer

4.1. The Customer is given access to the server (unless agreed otherwise) and bears all the responsibility that comes with it.
4.2. The Customer may install and use any software on their server, provided it is legal and does not infringe copyright and related rights or the law of the United Kingdom and the EU in force.
4.3. The Customer must keep all hosted materials, the software used and the content placed on the server in line with the law of the United Kingdom and the EU in force, and answers for that compliance.
4.4. The Customer may use their hosting for any purpose except purposes that are contrary to the law of the United Kingdom and the EU and to the laws on copyright and related rights.
4.5. All questions about the operation of the hosting of the Customer are accepted only as support requests in the client area at https://my.f3cloud.com/
4.6. If the hosting of the Customer is blocked following a complaint and/or for other reasons 1 (one) or more than 1 (one) time a month (network scanning, outgoing DDoS attacks and so on) and the Customer takes no action on the complaint received, the Company may stop the service early and block the Customer with no possibility of a refund.
4.7. If the Customer takes no action on a complaint received, the Company reserves the right to block the Customer without further notice.
4.8. The Company may stop the service of the Customer early following a complaint received, without notice and regardless of the number of complaints received.
4.9. The Company is not obliged to give any time to remove the causes of complaints.
4.10. The Company is not obliged to provide the data from a stopped server of the Customer if it was blocked because of a complaint. In other cases this is at the discretion of the Company.
4.11. The Company reserves the right to suspend or terminate the access of the Customer to their account if additional accounts created by the same Customer are found, which breaches clauses 4, 6 and 7 of the Terms of Service. A link between accounts may be confirmed by, among other things, matching personal data, IP addresses, devices used for access, payment details or other factors indicating that the accounts belong to one person. The decision to block is made on the basis of an overall analysis of the available information and may be reviewed if the Customer provides convincing evidence that there was no breach.
4.12. When contacting technical support, the Customer must not use neural networks, automated text generation tools, template messages or any other tools that create content without the direct participation of the Customer. If the use of such tools is established, the Company reserves the right to limit or completely stop providing technical support to the Customer, with no possibility of restoring access to it.

5. Rights and duties of the Company

5.1. The services of the Company are provided “as is”. The Company reserves the right to revise the rules for providing services, including the pricing policy and the specifications of the plans, at any time and with prior notice to the customer; the new rules take effect when they are published on the official website of the Company.
5.2. The Company undertakes to keep the host machines in proper condition and to fix any faults as quickly as possible.
5.3. The Company does not guarantee 100% availability of the network and the host machines.
5.4. All planned maintenance, updates and similar work are carried out between 01:00 and 07:00 UTC. This clause does not cover force majeure situations and unplanned work.
5.5. The Company is not liable for the inability to reach the services through the fault of third parties.
5.6. The Company reserves the right to stop the services and servers of the Customer for planned maintenance, because of DDoS attacks and network attacks, and as a result of natural disasters and other force majeure circumstances.
5.7. The Company provides technical support to customers on the basis of a request from the Customer through the client area, at the prices published on the official website of the Company at https://f3cloud.com
5.8. The Company is not liable for the operation of third-party software on the servers of the Company, including software purchased from the Company.

6. Prohibited content and software

6.1. Hosting pornography, including links and advertising containing pornographic scenes, is prohibited.
6.2. Hosting information or software that is contrary to and/or prohibited by the law of the United Kingdom and the EU or by the law on copyright and related rights is prohibited.
6.3. Hosting software for botnets, mining, grabbing, phishing and other purposes that clearly contradict lawful use of the internet is prohibited.
6.4. Bulk mailing is prohibited, except where it is authorised by the Company itself.
6.5. Hosting services (including ones with paid or private access) that can serve as auxiliary tools for unlawful actions on the internet is prohibited.
6.6. Hosting network scanners, proxy checkers and similar software is prohibited.
6.7. The network speed on virtual servers is limited to 1 Gbit/s, and to 125 Mbit/s on the promotional plan. There are no ratios between Russia and other countries or between incoming and outgoing traffic. To keep the servers comfortable to work with for all customers, we apply a fair use policy to traffic, which rules out abuse or improper use of the channel by individual customers. Once a server reaches a certain amount of traffic (which may be set separately for each plan), we may lower the network speed for that order until the end of the billing month (shaping) to 10 Mbit or 100 Mbit.
6.8. Using the hosting to create, provide or sell commercial VPN services, including paid, public or mass access for third parties, is prohibited. Using a VPN for the personal, non-commercial purposes of the Customer is allowed.

7. Termination of services by the Company

7.1. The Company reserves the right to stop providing services at its own discretion, immediately and without warning, in the event of:

7.1.1. Unauthorised distribution or copying of copyright-protected software, breaches of the law of the United Kingdom and the EU, of other international rules and agreements and of export restrictions, fraud, trade in pornographic materials or drugs and other unlawful activity;
7.1.2. Bulk mailings that the users did not explicitly agree to receive;
7.1.3. Defamation, distribution of personal information, infringement of copyright and related rights and of intellectual property rights;
7.1.4. Hosting pornographic content in all its forms, including links to other websites with pornographic content;
7.1.5. Infringement of the rights to privacy and to property; hosting defamatory and abusive information, aiding or inciting ethnic hatred, murder, terrorism or violence in any form;
7.1.6. Interfering with the normal and stable operation of servers and network resources and with the general work of the Company;
7.1.7. Giving knowingly false details of the Customer or refusing to confirm them;
7.1.8. Improper communication with the staff of the Company, including the use of obscene language and the spreading of defamatory information about the Company;
7.2. The Company reserves the right to pass on information about the Customer in the event of an official request from law enforcement authorities.

8. The Company is not liable

8.1. For the choice of operating system and software made by the Customer and for the consequences it may have.
8.2. For any kind of direct or indirect damage, loss of information or of business reputation and other cases of damage.
8.3. The Company does not check the content of the hosting of the Customer. The exception is where a substantiated complaint is received from a third party.
8.4. The Company is not liable for the safety or integrity of the data placed by the Customer on their server, nor for its loss or for unauthorised access to it. The Customer arranges backups and the protection of their own data and takes all measures to prevent its loss or compromise. The Company is not obliged to recover the data of the Customer after a failure, a deletion or a suspension of the service.

9. Service level guarantee

9.1. The Company guarantees that the hosting servers stay available at the level of 99.8% a month.
9.2. If clause 9.1 of this Offer is breached, every full day (24 hours) of downtime is compensated to the Customer at double the amount.
9.3. Compensation is granted only as additional days of service and cannot be paid in money.
9.4. Compensation is granted on the basis of a support request in the client area at https://my.f3cloud.com/

10. E-mail notifications

10.1. Registration of the Customer in the client area at https://my.f3cloud.com/ means that the Customer automatically agrees to receive informational e-mail messages, including offers of the services of the Company.
10.2. Refusing to receive notifications is possible only by closing the customer account completely.
10.3. The Company accepts no responsibility if the Customer does not receive important informational messages by e-mail.

11. Contact

Technical support: support@f3cloud.com
General enquiries: hello@f3cloud.com
Official website: https://f3cloud.com
Client area: https://my.f3cloud.com/