Terms of Service.
When signing up for
a CrystalEngine virtual server account, the Customer agrees to abide by
the rules and provisions explicated in these Terms of Service, as well
as all their coherent policies (Order Verification Policy, Acceptable
Use Policy, etc.) mentioned herein.
SERVICE AGREEMENT; ENTIRE AGREEMENT
The Provider shall provide its Services to You - the Customer - under
the Terms and Conditions explicated in this Service Agreement. The
Agreement is intended to keep the integrity of both AstarCode and the
Customer and to protect both parties from liability. This Service
Agreement will be enforced to ensure the speed, power, performance, and
reliability of our Services.
The Service Agreement, together with the Order Form, the Acceptable Use
Policy (AUP), and any other policies or agreements mentioned in this
document, constitute the whole act of convention between AstarCode and
RULES FOR ACTIVATION AND MONTHLY PAYMENT BASIS OF THE CrystalEngine
Upon submitting of the online order form, the Customer agrees to abide
by our Order Verification Policy and the following provisions:
The payment of the CrystalEngine server service is set up on a monthly
basis. The Customer agrees to pay for the rendered CrystalEngine server
services in advance for each monthly service term.
Non-Payment of the service shall result in a immediate service
disconnection. Customers failing to secure payment by the time of the
due date will incur service interruption. The data hosted on the
CrystalEngine server will be kept for one month, after that it will be
Setup fees and monthly service fees are non-refundable. The Customer
agrees to a no-refund policy in advance.
The Provider guarantees 99.9% network uptime and server stability. This,
however, does not refer to problems stemming from:
Server Hardware Breakdown;
User error(s) or purposeful interruption(s) of the user service (e.g. if
the client shuts his/her own server down, AstarCode is not responsible
for the downtime);
Failure due to software that is not explicitly supported by AstarCode.
If a hardware crash provoked by the Customer consequently happens, the
Provider is beyond the control and responsibility for the resulting
LIST OF PROHIBITED ITEMS
You may not use or promote any of the items listed below:
- Any illegal or unlawful goods or services or that encourage, promote,
facilitate, or instruct others to engage in illegal activity.
- Pornography and adult content of any sort including and not limited to
pre-adult content featuring individuals under the age of 18 Years. This
includes products or content on your web site where Plimus BuyNow links
- Escort services, bride catalogs of any sort, and any type of payment for
sexual or romantic services.
- Gambling, gaming and/or any other activity with an entry fee and a
prize, including, but not limited to casino games, sports betting, horse
or greyhound racing, lottery tickets, other ventures that facilitate
- Financial services and of any type including and not limited to
financial advice, all types of trading, insurance, currency exchange,
trading signals, payment services.
- Stored value cards and tokens including but not limited to virtual
credit and payment cards. Virtual payment tokens and gift cards that are
sold for less than face value.
- Hospitality or travel services/reservations.
- Any service or product requiring a license to practice including and not
limited to legal, medical or therapy services. Degrees or diplomas.
- Corporation formation services and bank account establishment services.
- Resellers – if you are a reseller of a product or service you must
obtain the appropriate reseller certificate or permission.
- Any product or service enabling consumers to circumvent locks,
programming codes or security features, or to gain access to features or
services for which the user has not expressly paid. Replica and name
brand "knock off" products. Stolen property. Recalled products.
Satellite signal decoding products, cards and card programming.
- Items that infringe or violate any copyright, trademark, right of
publicity or privacy or any other proprietary right under the laws of
- Physical/tangible products unless they are intended to supplement
digital goods (i.e. CD's). Especially any product that presents a risk
to consumers’ safety including and not limited to any kind of weapons,
ammunition, hazardous materials, combustibles, corrosives, alcoholic
beverages, tobacco products, smoking mixtures or tobacco substitutes,
pharmaceutical products, Illegal drugs & drug paraphernalia,
prescription drugs or devices, controlled substances, unapproved drugs,
unapproved medical devices, live animals, human body parts, fluids, and
- Pyramid or ponzi schemes, matrix programs, other “get rich quick”
schemes or certain multi-level marketing programs.
- Malware and including but not limited to computer viruses, worms, trojan
horses, spyware, dishonest adware, crimeware, unauthorized rootkits, and
other malicious and unwanted software.
- Sites that promote hatred, racism, religious persecution or contain
- Projects of messengers
- Online dating services.
- File sharing or file hosting services or membership/access to these
- Conference registration.
For pre-approval of other items or if you are uncertain as to the status
of a certain type of product please send contact information, your
business website URL and a brief business summary to
DMCA NOTICE AND TAKEDOWN
respects the intellectual
property of others and expects all
Customers to do the same.
Procedure for Making Copyright Infringement Claims
If you believe that your copyrighted work has been copied in a way that
constitutes copyright infringement and is accessible through
, you may notify our
copyright agent, as set forth in the Digital Millennium Copyright Act of
1998 (DMCA). For your complaint to be valid under the DMCA, you must
provide the following information when providing notice of the claimed
- A physical or electronic
signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed,
or, if multiple copyrighted works at a single online site are covered by
a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to
be the subject of infringing activity and that is to be removed or
access to which is to be disabled, and information reasonably sufficient
to locate the material.
- Information reasonably sufficient to permit
to contact the complaining
party, such as an address, telephone number, and, if available, an
electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that
use of the material in the manner complained of is not authorized by the
copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and
under penalty of perjury, that the complaining party is authorized to
act on behalf of the owner of an exclusive right that is allegedly
The above information must be submitted as a written notification to the
following Designated Agent by email:
Name of Agent Designated to Receive Notification of Claimed
Address of Designated Agent:
AstarCode., 11 Novgorodskaya st., Kiev 03151, Ukraine
Telephone Number of Designated Agent: +380(67)2814455
Facsimile Number of Designated Agent: +380(67)2814455
Email Address of Designated Agent:
reserves the right to remove any content alleged to be infringing upon
third party rights without notice and at its sole discretion. In
may terminate a user’s
account that is deemed an infringer of third party rights.
Please note that under federal law, if you knowingly misrepresent that
online material is infringing, you may be subject to heavy civil
penalties and including monetary damages, court cost and attorney fees
or by any copyright owner, or copyright owner licensee that is injured
as a result of our relying upon the misrepresentation. You may also be
subject to criminal prosecution for perjury.
follow the procedures provided in the DCMA to properly enforce rights of
copyright holders. When a Proper DMCA notification is received by
Designated Agent, or when
becomes otherwise aware
that copyright rights are infringed, it will remove or disable access to
infringing materials as soon as possible.
If users submitting or downloading materials believe that their use of
materials was lawful, they have the right of sending a Proper
Counter-notification in order to restore access to these materials.
comply with the appropriate provisions of the DMCA in the event a
counter notification is received by its Designated Agent.
SERVICE ACTIVATION AND CONTINUANCE TIMESCALES
For newly signed up clients - the Services are activated only after our
Sales Department gets in touch with the Customer over the phone or Skype
to verify the payment details (this is required due to the high fraud
activity spreading online, and in order to be prevented fraudulent
account usage). The payment verification procedure is obligatory and if
we fail to approve a transaction within 48 hours of the payment
submission, the funds will be credited back to the payer and the order
will be canceled.
For existing customers - the services for existing Customers, including
upgrade services and renewals, are activated immediately after our Sales
Department receives the according service payment.
CrystalEngine Server Accounts - The newly-created CrystalEngine server
accounts with the Provider are valid for 1 month. They can be renewed on
a monthly basis, i.e. for another month that will be added to the
official expiration date of the CrystalEngine server account.
CANCELLATION, REFUND & MONEY-BACK; CHARGEBACKS
In order to cancel a CrystalEngine server account, the Customer must
send a email to firstname.lastname@example.org via his/her CrystalEngine
management account and provide any authentication credentials requested
by AstarCode. Any other form of cancellation request will not be
CrystalEngine server accounts - The CrystalEngine server accounts
are set up on a monthly prepay basis. Customers may cancel their
accounts at any time, however they will not be entitled to a refund for
the unused period of the prepaid month, since these services do NOT
include Money Back Guarantee. Any incentives offered to the Customers
upon sign-up will be also canceled.
Chargebacks are not considered as a way of refunding. Any Customer who
initiates a credit card chargeback in response to a bill or order placed
with AstarCode will be subject to full investigation.
When signing up for a CrystalEngine server account with AstarCode, the
Customer agrees to the terms and conditions explicated in this document
(and its coherent policies). Thus, AstarCode, will resort to these
documents as an evidence for the Customer's agreement, especially in the
event that a Customer sends a chargeback inquiry based on points that
he/or she first accepted, but is trying now to refute.
If/When a chargeback report is received, the first step of AstarCode's
Customer Care team will be to try to contact the Customer. Meanwhile,
the Customer's CrystalEngine server account will be suspended (in order
to protect our system from fraudulent activity and misuse) and will
remain suspended until the reasons for the chargeback have been
clarified and decision has been taken for according action.
If the chargeback has occurred due to some misunderstanding, a reverse
payment procedure will be initiated with the authorized retailers and
eventually the CrystalEngine server account will be re-activated.
If the Customer has sent a chargeback request based on groundless
argumentations (according to AstarCode's own judgment and these
CrystalEngine Terms of Service), then a dispute will be started with the
authorized retailers in which the CrystalEngine Terms of Service and the
AUP of AstarCode will serve as evidence of the Customer's agreement. The
retailers then, taking into consideration all provisions in these legal
documents, will decide whether the Customer has had sufficient grounds
for the chargeback or AstarCode has the right to a reverse payment.
In case that the chargeback originates from a fraudulent user
(end-client) and no reverse payment procedure can be activated, then the
respective CrystalEngine server account will remain suspended.
CUSTOMER RESPONSIBILITIES; ACCOUNT REGISTRATION AND MANAGEMENT
In consideration of their use of the Service, Customers agree to:
Provide true, accurate, current and complete information about
themselves as prompted by the registration form of the Service. Maintain
and promptly update their registration data to keep it true, accurate,
current and complete. If the Customer provides any information that is
untrue, inaccurate, not current or incomplete, or AstarCode has
reasonable grounds (at its sole discretion) to suspect that such
information is untrue, inaccurate, not current or incomplete, AstarCode
has the right to suspend or terminate the Customer's account and refuse
any and all current or future use of AstarCode (or any portion thereof).
If untrue details are used in order to avoid VAT the customer can be
held responsible by the respective national tax collecting agency.
When introducing any changes to their contact details, Customers are
obliged to notify AstarCode in the course of 10 business days after the
changes become valid. The introduction of changes should be done online
through the customers' CrystalEngine Management Account, not via e-mail.
Customers will receive a password and account designation upon
completing of the registration process of the Service. Customers are
responsible for keeping the confidentiality of their passwords and
accounts, and are fully responsible for all activities that occur under
that password or account. Customers agree to: a) immediately notify
AstarCode about any unauthorized use of their password or account or any
other breach of security; b) ensure that they safely exit (log out from)
their account at the end of each session. AstarCode cannot and will not
be liable for any loss or damage of account information arising from
Customer's failure to comply with this provision.
NO UNLAWFUL OR PROHIBITED USE
give to Customer virtual server with installed CrystalEngine server
AstarCode give to Customer "CrystalEngine Project Builder" and
"CrystalEngine AdminCP" for administrate of virtual server only. Other
access to virtual server unacceptable. If you attempt to access the
virtual server by other tools Customer account will be closed without
AstarCode expressly bans the use of any CrystalEngine server hardware or
software for trying to illegally access another hosted machine or
network. Customers may not attempt to gain unauthorized access to any of
AstarCode's Services, other accounts, computer systems or networks
connected to any of the AstarCode's Services, through hacking, password
mining or other means of close nature. Customers may not obtain or
attempt to obtain any materials or information through any means not
intentionally made available by AstarCode's Services.
As a condition for Customer use of AstarCode's Services, you - the
Customer, agree that you will not use the Services for any purpose that
is unlawful or prohibited by these terms, conditions, and notices, and
our Acceptable Use Policy (AUP). AstarCode's CrystalEngine servers can
be used explicitly and only for legal purposes, and each attempt for
taking indecent advantage of the servers, inconsistent with the rules,
will be immediately counteracted. AstarCode reserves the right at any
time to disclose any information, as AstarCode deems necessary, to
satisfy any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove from the Services any
information or materials, in whole or in part, in the sole discretion of
AstarCode will thoroughly scrutinize all received orders and decide, to
its own discretion, which of them do not comply with the officially
stated requirements for use of AstarCode's CrystalEngine servers.
AstarCode reserves the right to refuse Service to unlawful parties.
AstarCode reserves the right to discontinue the Service provision to any
subscriber that AstarCode deems, at its sole discretion, has violated
any condition of the Service explicated in this Terms of Service and/or
the Acceptable Use Policy.
CUSTOMER CARE SERVICE
Pre-sale and general questions
Customers may use any of the support options listed below:
E-mail us using our Contact Us form
Send us an email to email@example.com
LIMITATION ON PROVIDER'S LIABILITY
AstarCode provides the Services on an "AS IS" basis, without any
warranties, including but not limited to, implied warranties,
merchantability, or fitness of the Services for any particular purpose.
The Customer shall be solely responsible for the selection, use and
suitability of the Services, and AstarCode shall have no liability
Customers do not have the right to assign this Agreement without the
explicit permission of AstarCode. This Agreement shall be in force and
effect to the total benefit of the Customer and the Provider and their
successors and permitted assigns.
AstarCode reserves the right to revise this document at any time,
without prior notice. Customers are encouraged therefore to periodically
review these CrystalEngine Terms of Service and the Acceptable Use