Terms Of Service
- Introduction
- These Terms of Service ("Terms") govern your use of the services provided by API VERSA OÜ, an Estonian company with Company Number 16832576 ("API VERSA", "API VERSA OÜ", "We", "Our", "Us", "we", "our", or "us").
- The terms "you" and "your" refer to the individual user or entity accessing or using our Services.
- If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and in such a case, "you" and "your" will refer to that organization.
- By accessing or using our services, including but not limited to Wireguard Based IP Rentals, VPS Hosting, and Shared Linux Accounts (collectively, the "Services"), you agree to abide by these terms and any future updates or modifications.
- If you do not agree to these Terms, please refrain from using our Services. These Terms constitute a legally binding agreement between you and API VERSA, so please read them carefully.
- These Terms shall be governed by the laws of Estonia and any remedies shall be by Estonian Courts and Jurisdiction only.
- Our Privacy Policy (https://www.apiversa.com/legal/privacy-policy/) and Copyright Policy (https://www.apiversa.com/legal/copyright-policy/) are hereby incorporated by reference.
- Electronic Signatures
- API VERSA acknowledges and accepts electronic signatures as valid and legally binding, equivalent to handwritten signatures. By utilizing electronic signatures within our Services, you agree that such signatures carry the same legal effect as traditional, ink-on-paper signatures.
- In certain circumstances where the legality of documents executed with API VERSA requires physical signatures, the client agrees to promptly replace electronic signatures with physical signatures upon request. It is the responsibility of the client to ensure compliance with all applicable laws and regulations regarding signature requirements for specific documents.
- Should a situation arise where physical signatures are necessary for legal validity, API VERSA will notify the client in a timely manner, specifying the documents requiring physical signatures and any relevant deadlines.
- The client agrees to cooperate with API VERSA to facilitate the replacement of electronic signatures with physical signatures as required by law. Failure to comply with such requests may result in the invalidation of the affected documents and potential legal consequences.
- The client agrees to indemnify and hold API VERSA harmless against any claims, damages, losses, or liabilities arising from the failure to replace electronic signatures with physical signatures when legally required.
- These provisions regarding electronic signatures are an integral part of our Terms and should be interpreted in conjunction with other applicable sections.
- Forbidden Usage
- You are strictly prohibited from engaging in any illegal activities, including but not limited to copyright infringement, distribution of malicious software, phishing, fraud, and any activities deemed unlawful under Estonian law.
- The sending of unsolicited bulk messages (spamming) through our Services is strictly prohibited. This includes, but is not limited to, email spam, SMS spam, and forum spam.
- You are prohibited from engaging in any activities that compromise the security or integrity of API VERSA's network or the networks of others. This includes hacking, unauthorized access to systems or data, and the distribution of tools or information designed to facilitate unauthorized access.
- You must not engage in activities that result in excessive consumption of system resources, including CPU, memory, disk space, and network bandwidth, which may adversely affect the performance of our Services or impact other users.
- Permitted Usage
- You may utilize our Services for lawful purposes, including internet browsing, website hosting, email services, application hosting, and other legitimate online activities that comply with Estonian law and these Terms.
- You are permitted to host content on our servers, provided that such content does not violate any laws or infringe upon the rights of others, including intellectual property rights.
- You may use our Services for software development, testing, and staging environments, as long as such activities do not violate any laws or cause harm to our network or other users.
- You are encouraged to reach out to us for assistance with technical issues, account management, or legal inquiries related to your use of our Services.
- Enforcement of Terms
- We reserves the right to investigate and take appropriate action against you if you are found to be in violation of these Terms, including suspension or termination of services, without prior notice, if deemed necessary to protect the integrity of our network, our legal interests, or the rights of others.
- If found to be in violation of these Terms, you may also be subject to legal action and may be held liable for any damages or losses incurred by us or third parties as a result of your actions.
- Modification of Terms
- We reserves the right to modify or update these Terms at any time without prior notice. You are responsible for regularly reviewing these Terms to ensure compliance with the latest version. Continued use of our Services constitute acceptance of any changes to this policy.
- Waiver of Liability
- By accessing or using our Services, you acknowledge and agree that you do so at your own risk. API VERSA OÜ shall not be liable for any direct, indirect, incidental, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from your use of our Services or inability to access or use our Services.
- API VERSA OÜ provides the Services on an "as is" and "as available" basis, without any warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
- API VERSA OÜ may provide links to third-party websites or Services. We are not responsible for examining or evaluating the content or accuracy of such third-party websites or services, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
- In no event shall API VERSA OÜ, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
- You agree to defend, indemnify, and hold harmless API VERSA OÜ, its directors, employees, partners, agents, suppliers, and affiliates, from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms.
- By using our Services, you acknowledge that you have read, understood, and agreed to these terms and conditions, and you waive any right to pursue legal action against API VERSA OÜ for any damages or losses incurred as a result of your use of our Services. If you do not agree to these terms, you may not access or use our Services.
- Severability
- In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected thereby.
- If any severed provision of these Terms is deemed unenforceable, it shall be modified, rewritten, or reinterpreted to the extent necessary to render it enforceable, while maintaining the original intent of the provision as closely as possible.
- The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision of these Terms, which shall remain in full force and effect.
- These Terms constitute the entire agreement between you and API VERSA OÜ regarding the subject matter herein and supersede all prior or contemporaneous communications, agreements, and understandings, whether written or oral, relating to such subject matter.
- By accepting these Terms, you agree that if any provision is found to be unenforceable, it shall be severed from the agreement, and the remainder of the Terms shall continue to be binding and enforceable to the fullest extent permitted by law.