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     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 the Customer.

RULES FOR ACTIVATION AND MONTHLY PAYMENT BASIS OF THE CrystalEngine server service

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 permanently deleted.
Setup fees and monthly service fees are non-refundable. The Customer agrees to a no-refund policy in advance.

SERVICE GUARANTEES

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 downtime.

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 are placed,
 - 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 gambling.
 - 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 any jurisdiction.
 - 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 remains.
 - 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 offensive content.
 - Projects of messengers
 - Donations.
 - Online dating services.
 - File sharing or file hosting services or membership/access to these services.
 - 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 support@crystalengine.com

DMCA NOTICE AND TAKEDOWN PROCEDURE

Provider respects the intellectual property of others and expects all Provider 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
Provider , 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 copyright infringement:

- 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 permit
Provider to locate the material.
- Information reasonably sufficient to permit
Provider 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 infringed.

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 Infringement:
Alex Dolinsky
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:
support@crystalengine.com

Provider reserves the right to remove any content alleged to be infringing upon third party rights without notice and at its sole discretion. In appropriate circumstances, Provider 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 incurred by
Provider, 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.

TAKEDOWN PROCEDURE

Provider will 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 Provider 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.
Provider will 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

SERVICE ACTIVATION

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.

CONTINUANCE TIMESCALES

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

CANCELLATIONS

In order to cancel a CrystalEngine server account, the Customer must send a email to support@crystalengine.com via his/her CrystalEngine management account and provide any authentication credentials requested by AstarCode. Any other form of cancellation request will not be accepted.

REFUNDS

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

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

SERVER USAGE
 

AstarCode give to Customer virtual server with installed CrystalEngine server software.
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 refund.

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.

CUSTOMER AGREEMENT

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.


SERVICE DENIAL

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.

SERVICE DISCONTINUANCE

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 support@crystalengine.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 therefore.

ASSIGNMENT

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.

REVISIONS

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 Policy.




 

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