This agreement (“Agreement”) is made between Initech, LLC (“Provider”) and the customer (“Customer”) who uses Initech, LLC, services. Provider resells services from multiple cloud providers, including Vultr, Alibaba Cloud, Google Cloud, DigitalOcean, Amazon Web Services, Hetzner Cloud, and IBM Cloud. As such, all relevant terms and conditions set by Vultr (see Vultr’s terms of service) and Alibaba Cloud (see Alibaba Cloud's terms of service), Google Cloud (see Google Cloud's terms of service), DigitalOcean (see DigitalOcean's terms of service), Amazon Web Services (see AWS's terms of service), Hetzner Cloud (see Hetzner Cloud's terms of service), and IBM Cloud (see IBM Cloud's terms of service) shall apply to this Agreement in relation to virtual servers. By using Provider’s services, Customer agrees to be bound by this Agreement.

Provider shall provide virtual private server hosting services to Customer in accordance with the terms and conditions set forth in this Agreement. Provider shall use its best efforts to ensure that the services are available to Customer at all times. However, Provider does not guarantee the availability of the services or the uninterrupted operation of the virtual private server. Provider shall not be liable for any damages or losses resulting from the unavailability or interruption of the services.

Customer shall use the virtual private server exclusively for lawful purposes and in compliance with all applicable laws and regulations. Customer shall not use the services in any way that may damage or impair the virtual private server, Provider’s network or any other system, network or data. Provider reserves the right to suspend or terminate the services if Customer violates any provision of this Agreement.

Customer acknowledges that the virtual private server is provided on an “as is” basis without any warranty or guarantee of any kind, whether express or implied. Provider shall not be liable for any damages or losses resulting from the use or inability to use the virtual private server or any other aspect of the services. Customer shall be solely responsible for any data, content or software hosted on the virtual private server.

Customer shall be responsible for maintaining the security and confidentiality of the login credentials for the virtual private server. Customer shall immediately notify Provider if it becomes aware of any unauthorized use of the virtual private server or any other security breach.

Provider reserves the right to perform maintenance or upgrades on the virtual private server or any other aspect of the services at any time without notice. Provider shall use its best efforts to minimize any interruption or inconvenience caused by such maintenance or upgrades.

Customer shall not assign, transfer, or sublicense any of its rights or obligations under this Agreement without the prior written consent of Provider. Any attempted assignment, transfer, or sublicense without such consent shall be null and void.

Provider shall not be responsible for any delay or failure to perform its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, or any other natural or man-made disasters.

This Agreement shall be governed by and construed in accordance with the laws of the state where Provider is located without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to this Agreement shall be instituted exclusively in the federal or state courts located in the state where Provider is located.

Provider may amend or modify this Agreement at any time by posting the amended terms on its website. Customer’s continued use of the services after such posting shall constitute acceptance of the amended terms.

Customer shall pay Provider for the services provided in accordance with the pricing and payment terms set forth in Provider’s website. Payment for services shall be made in advance of the term for which they are provided. Provider accepts the following payment methods:

[a] - PayPal: Provider accepts payments through PayPal.

[b] - Cryptocurrency: Provider accepts payments in Bitcoin and other cryptocurrencies at the prevailing exchange rate at the time of the transaction. The Customer is responsible for any transaction fees associated with the use of cryptocurrencies.

Customer shall ensure that the payment method is valid and that there are sufficient funds or credit available for the payment. In case of payment by credit card or PayPal, Customer shall provide Provider with accurate and complete billing information. If the payment is not made on time, Provider may suspend or terminate the services provided without notice.

If the payment is not received by the due date, Provider may charge interest at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower, until the payment is made.

In case of any dispute regarding the payment, Customer shall notify Provider within seven (7) days of the invoice date. Failure to do so shall be deemed as acceptance of the invoice.

If Customer is making payment through cryptocurrency, Provider shall not be responsible for any loss or theft of the cryptocurrency during the payment process. Customer shall be solely responsible for ensuring the accuracy of the payment details, including but not limited to the amount and the cryptocurrency address. Provider shall not be responsible for any errors or losses resulting from inaccurate payment details.

Provider reserves the right to change the payment methods or pricing and payment terms at any time without notice. Provider may also require additional information or verification from Customer before accepting payment through certain payment methods.

By using any of the payment methods accepted by Provider, Customer agrees to be bound by the terms and conditions of the payment service provider in addition to this Agreement.

Customer shall not use Provider’s services in a manner that violates any applicable laws or regulations or any Vultr policies regarding virtual private servers. Prohibited uses include, but are not limited to:

[a] - Spamming: Customer shall not use Provider’s services to send unsolicited bulk messages, including but not limited to email, SMS, or instant messages.

[b] - Hacking: Customer shall not attempt to gain unauthorized access to any system, network, or data without proper authorization.

[c] - Cracking: Customer shall not use Provider’s services to modify, alter or disable software or security mechanisms on any system, network or data without proper authorization.

[d] - Distribution of Malware: Customer shall not use Provider’s services to distribute, host or upload any virus, worm, Trojan horse, spyware, adware or any other form of malware.

[e] - Copyright Infringement: Customer shall not use Provider’s services to violate any intellectual property rights, including but not limited to copyrights, trademarks, trade secrets, or patents.

[f] - Fraudulent Activities: Customer shall not use Provider’s services for any fraudulent activities, including but not limited to phishing, impersonating, or any other form of online fraud.

[g] - Illegal Activities: Customer shall not use Provider’s services to engage in any illegal activities, including but not limited to money laundering, drug trafficking, or terrorist activities.

[h] - Resource Abuse: Customer shall not use Provider’s services to consume excessive resources, including but not limited to CPU, memory, disk space or bandwidth.

Any violation of this section may result in immediate termination of the services without notice or refund. Provider reserves the right to cooperate with any law enforcement agency or legal authority in investigating any suspected or alleged violation of this Agreement.

Either party may terminate this Agreement at any time by giving written notice to the other party. Customer shall be responsible for all fees and charges incurred up to the effective date of termination.

Provider may immediately terminate this Agreement and suspend or terminate the services if Customer violates any provision of this Agreement, including but not limited to the prohibited abuses section. Provider shall not be liable for any damages or losses resulting from the termination or suspension of the services due to Customer’s violation of this Agreement.

In case of termination, Provider may delete any data, content or software hosted on the virtual private server without liability to Customer. Customer shall be solely responsible for backing up any data, content or software prior to termination of the services.

Customer acknowledges and agrees that there shall be no refund of any fees or charges paid by Customer in case of termination due to Customer’s violation of this Agreement or the prohibited abuses section. In case of any other termination, Provider shall refund any fees or charges paid by Customer for the unused portion of the services.

Upon termination of the services, Customer shall immediately cease using the virtual private server and return any equipment or software provided by Provider. Customer shall also delete any copies of Provider’s software or other proprietary materials in its possession or control.

The provisions of this Agreement that by their nature should survive termination, including but not limited to the indemnification, disclaimer of warranties, limitation of liability, and governing law sections, shall survive the termination of this Agreement.

Provider shall not be liable for any indirect, incidental, special, consequential or punitive damages arising out of or related to this Agreement, including but not limited to loss of profits, loss of business, or loss of data, even if Provider has been advised of the possibility of such damages. Provider’s liability for any direct damages arising out of or related to this Agreement shall be limited to the fees and charges paid by Customer for the services during the three-month period preceding the event giving rise to the liability.

Customer shall indemnify, defend and hold Provider and its affiliates, officers, directors, employees, and agents harmless from and against any and all claims, damages, liabilities, costs and expenses, including but not limited to reasonable attorneys’ fees and costs, arising out of or related to Customer’s use of the virtual private server or any other aspect of the services, including but not limited to any breach of this Agreement by Customer.

Provider shall not be liable for any delay or failure to perform its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, or any other natural or man-made disasters.

The virtual private server and the services are provided on an “as is” basis without any warranty or guarantee of any kind, whether express or implied. Provider disclaims all warranties and conditions, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Provider does not warrant that the virtual private server or the services will meet Customer’s requirements, operate without interruption, or be error-free.

Customer acknowledges and agrees that the use of the virtual private server and the services is at its own risk. Customer shall be solely responsible for any data, content or software hosted on the virtual private server. Provider shall not be responsible for any data loss or corruption, including but not limited to loss or corruption of backups or other data stored on the virtual private server.

In no event shall Provider’s aggregate liability arising out of or related to this Agreement exceed the fees and charges paid by Customer for the services during the three-month period preceding the event giving rise to the liability.

This section shall survive the termination of this Agreement.

Customer shall indemnify, defend and hold Provider and its affiliates, officers, directors, employees, and agents harmless from and against any and all claims, damages, liabilities, costs and expenses, including but not limited to reasonable attorneys’ fees and costs, arising out of or related to Customer’s use of the virtual private server or any other aspect of the services, including but not limited to any breach of this Agreement by Customer.

Provider shall promptly notify Customer of any claim for which Provider seeks indemnification. Customer shall have the right to assume the defense of any such claim with counsel of its own choosing, provided that Customer shall not agree to any settlement that affects Provider’s rights or interests without Provider’s prior written consent.

Provider shall have the right to participate in the defense of any such claim with counsel of its own choosing, at its own expense. Provider shall have the right to control any settlement of any such claim, provided that Customer’s consent shall not be unreasonably withheld, conditioned or delayed.

If Provider becomes aware of any actual or potential claim or legal proceeding arising out of or related to Customer’s use of the virtual private server or any other aspect of the services, Provider may, at its option and without prejudice to any other rights or remedies, suspend or terminate the services, or take any other action deemed appropriate by Provider to protect its interests.

This section shall survive the termination of this Agreement.

This Agreement and any disputes arising out of or related to it shall be governed by and construed in accordance with the laws of the state in which Provider is located, without regard to its conflicts of law principles.

Any legal action or proceeding arising out of or related to this Agreement shall be instituted in the courts located in the state in which Provider is located. Customer hereby consents to the jurisdiction of such courts and waives any objection to the laying of venue of any such action or proceeding in such courts.

The prevailing party in any legal action or proceeding arising out of or related to this Agreement shall be entitled to recover its reasonable attorneys’ fees and costs.

This section shall survive the termination of this Agreement.

If any provision of this Agreement is found to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision or invalidate or render unenforceable such provision in any other jurisdiction.

To the extent permitted by applicable law, the parties hereby agree that any court or arbitrator may reform any invalid, illegal, or unenforceable provision of this Agreement to make it valid and enforceable, consistent with the original intent of the parties to the fullest extent permitted by applicable law.

If any provision of this Agreement is held to be excessively broad as to duration, scope, activity or subject, such provision shall be construed by limiting and reducing it, so as to be enforceable to the fullest extent permissible under applicable law.

If any provision of this Agreement is held to be unenforceable because of its scope, duration, or geographic area, the parties agree that the court or arbitrator may reduce or modify such provision so as to be enforceable to the fullest extent permitted by applicable law.

The invalidity, illegality, or unenforceability of any provision of this Agreement shall not affect the validity, legality, or enforceability of any other provision of this Agreement.

This section shall survive the termination of this Agreement.

The failure of either party to enforce any provision of this Agreement shall not be deemed a waiver of such provision or of the right to enforce such provision.

No waiver of any provision of this Agreement shall be effective unless in writing and signed by the waiving party. A waiver of any breach or default under this Agreement shall not constitute a waiver of any subsequent breach or default, and shall not affect the other provisions of this Agreement.

Any delay or failure to exercise any right or remedy provided for in this Agreement shall not be deemed a waiver of such right or remedy or any other right or remedy, and shall not preclude or prejudice any further exercise of such right or remedy.

No waiver of any provision of this Agreement shall be deemed to constitute a waiver of any other provision, whether similar or not, nor shall any waiver constitute a continuing waiver. Any waiver may be revoked at any time by providing written notice to the other party.

The parties acknowledge and agree that the remedies provided in this Agreement are not exclusive and are in addition to any other remedies available at law or in equity.

This section shall survive the termination of this Agreement.

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous communications, agreements, and understandings, whether oral or written.

This Agreement may be modified or amended by Provider from time to time, provided that such modifications are made in good faith and with the mutual agreement and written consent of both parties. Provider shall provide notice to Customer of any such modifications to this Agreement. If Customer does not agree to the modifications, Customer may terminate this Agreement in accordance with the termination provisions set forth herein.

If any provision of this Agreement is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.

This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

Any waiver or failure to enforce any provision of this Agreement on one occasion shall not be deemed a waiver of any other provision or of such provision on any other occasion.

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.

Neither party shall assign this Agreement or any rights or obligations hereunder without the prior written consent of the other party, except that Provider may assign this Agreement to an affiliate or to a successor in connection with a merger, acquisition or sale of all or substantially all of its assets.

This section shall survive the termination of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date Customer accepted Provider’s services

At Initech, LLC, we are committed to protecting the privacy and security of our customers’ personal information. This Privacy Policy explains how we collect, use, disclose, and protect personal information collected through our website, https://initech.global and our services.

We collect personal information directly from customers when they sign up for our services or communicate with us, such as when they submit a support ticket or provide feedback.

We also collect personal information automatically when customers use our website or services, such as through the use of cookies or other tracking technologies.

The types of personal information we collect may include:

[a] - Contact information: such as name, email address, phone number, and billing address.

[b] - Payment information: such as credit card number, billing information, and payment history.

[c] - Account information: such as username, password, and account preferences.

[d] - Usage information: such as IP addresses, device information, server logs, and browsing history.

We may also collect additional information from customers if they participate in surveys, contests, or promotions.

We only collect personal information that is necessary to provide our services and to communicate with our customers.

Customers can choose not to provide certain types of personal information, but this may limit their ability to use our services or access certain features.

We may also collect and aggregate non-personal information, such as usage statistics, that does not identify individual customers. We may use this information for research, analytics, and marketing purposes.

We use personal information to provide, maintain, and improve our services, and to respond to customer inquiries and support requests.

We may use personal information to communicate with customers about their accounts and our services, including updates, newsletters, and promotional offers. Customers can opt-out of these communications at any time.

We may use personal information for internal purposes such as auditing, data analysis, and research to improve our services and operations.

We may use personal information to detect, investigate, and prevent fraud, security breaches, and other illegal activities.

We may use personal information to comply with legal obligations, such as responding to a court order or subpoena.

We do not sell or rent personal information to third parties for their marketing purposes.

We may share personal information with third-party service providers who help us operate our business, such as payment processors, email service providers, and customer support providers. These service providers are bound by confidentiality and data processing agreements to protect customer information.

We may also share personal information with law enforcement, regulatory authorities, or other third parties if we believe in good faith that such disclosure is necessary to protect our rights or the safety of our customers or others.

We may disclose personal information in connection with a merger, acquisition, or sale of all or part of our business. In such cases, customer information would be treated as a business asset and subject to the terms of the privacy policy.

We may use anonymized or aggregated information for analytics, research, and marketing purposes. This information does not identify individual customers.

We may share personal information with third-party service providers who help us operate our business, such as payment processors, email service providers, and customer support providers. These service providers are bound by confidentiality and data processing agreements to protect customer information.

We may disclose personal information if required by law, such as in response to a court order or subpoena, or to comply with other legal obligations or regulatory requirements.

We may also disclose personal information if we believe in good faith that such disclosure is necessary to protect our rights or the safety of our customers or others.

We may disclose personal information in connection with a merger, acquisition, or sale of all or part of our business. In such cases, customer information would be treated as a business asset and subject to the terms of the privacy policy.

We do not sell or rent personal information to third parties for their marketing purposes. However, we may share non-personal, aggregated, or anonymized information with third parties for analytics, research, or marketing purposes.

We may disclose personal information to our affiliates, subsidiaries, or parent company, subject to the terms of this privacy policy.

If a customer uses our services to host content that violates our terms of service or applicable laws, we may disclose personal information to law enforcement, regulatory authorities, or other third parties as necessary to investigate and address such violations.

If a customer is using our services on behalf of a third party, such as a client or employer, we may disclose personal information to that third party at the customer’s direction.

If a customer requests or consents to the disclosure of their personal information, we may disclose such information in accordance with their request or consent.

We regularly review and update our security measures to ensure they remain effective in light of changing threats and technologies.

We maintain a disaster recovery plan and backup procedures to minimize the impact of any disruptions to our systems or infrastructure.

We use multi-factor authentication to prevent unauthorized access to customer accounts.

We use secure socket layer (SSL) technology to encrypt data transmissions between customers and our servers, which helps protect personal information from interception by unauthorized parties.

We monitor our systems and infrastructure 24/7 to detect and respond to security incidents and potential vulnerabilities.

We conduct regular security training for our employees to ensure they are aware of the latest security threats and best practices.

We conduct regular security audits and assessments to identify potential weaknesses in our systems and infrastructure, and we promptly address any issues that are identified.

If we become aware of a security incident that affects personal information, we will promptly investigate and take appropriate measures to mitigate the impact of the incident and prevent similar incidents from occurring in the future.

We require our employees and third-party service providers to sign confidentiality and data processing agreements that include strict obligations to protect personal information.

We limit access to personal information to authorized personnel who need to know that information to provide our services to customers.

We regularly communicate with our customers about security threats and best practices to help them protect their own personal information.

Cookies are small text files that are placed on a user’s computer or device when they access a website or use an online service. Cookies can be used to store user preferences, session information, and other data that helps improve the user’s experience on the website or service.

We use cookies to personalize content and ads, to provide social media features and to analyze our traffic. We may also use cookies to remember users’ preferences, to keep users logged in, and to track usage of our website or services.

We may use both session cookies, which expire when the user closes their browser, and persistent cookies, which remain on the user’s computer or device until they expire or are deleted.

We may also use third-party cookies, which are set by third-party service providers such as advertisers, analytics providers, or social media platforms. These third-party cookies are subject to the third-party’s privacy policy and not our own.

Users can control the use of cookies on our website or service by adjusting their browser settings. However, disabling cookies may affect the functionality of our website or service and some features may not work correctly.

We may use web beacons, which are small images or scripts that are embedded in a web page or email, to track user activity on our website or service. Web beacons can be used to collect information such as IP address, browser type, and the time and date of access.

We may use cookies and similar technologies to serve ads based on a user’s interests or to track the performance of our ads. We may also use cookies and similar technologies to track user behavior on our website or service and to improve our services or content.

We may use cookies and similar technologies to collect data about users’ interactions with our website or service, such as the pages visited, the time spent on each page, and the links clicked. We may use this data to improve our website or service, to personalize content and ads, and to analyze user behavior.

We may use cookies and similar technologies to test and improve the performance of our website or service, such as by conducting A/B testing or measuring load times.

We may use cookies and similar technologies to prevent fraud and protect the security of our website or service and our users’ personal information

Our website may contain links to third-party websites or services that are not owned or controlled by us. We are not responsible for the privacy practices or content of these third-party websites or services.

We may update this Privacy Policy from time to time. If we make significant changes, we will notify customers by email or through our website.

If you have any questions or concerns about our Privacy Policy or our use of your personal information, please contact us at [email protected].