These terms and conditions of service (hereinafter referred to as Terms and
conditions or Agreement) govern use of services (hereinafter referred to as the
Services) provided through core-vps.lv (hereinafter referred to as the Website), and
therefore are an Agreement between the user of the Services and SIA “Yourserver”
(hereinafter referred to as the Operator) as the operator of the Website.
General Services Operator provides are creating and use of Virtual Private Server
(hereinafter referred to as VPS) in accordance with the conditions stipulated in this
The use of the Website and/or Services can be performed only with respect to this
Agreement, thus the person who is planning to use the Website and/or Services has to
carefully read this Agreement. If the terms and conditions of the Agreement are fully
accepted by a person then this person can start using the Website and/or Services, else
(even if person does not agree with any small detail of this Agreement) person should
leave the Website and stop usage of Services immediately. Using the Website and/or
Services in any manner constitutes your acceptance and full agreement to be bound by
terms in conditions of this Agreement. The Operator is entitled to unilaterally amend
the Agreement in any way and in any time. In event of such amendments Operator
will make notice about by posting announcement on the Website at least 30 days in
advance. Usage of the Services/Website after the term mentioned in announcement
constitutes complete acceptance of such amendments.
1.1 By using the Website and/or Services, any person, who is using the Website
and/or Service (hereinafter referred to as the User) represents and warrants that he/she
is 18 years of age or older. The Operator is entitled to refuse to offer the services of
the Website to any User. The User is solely responsible for ensuring that his activities
on the Website are not in contradiction with any normative acts applicable to this
User. The User uses the Website and Services only in his/her name and any sub-use is
considered to be violation of this Agreement.
Usage of the Website and/or Services by the employees of the User is not
considered sub-use. Such usage is considered as usage by the User itself and,
therefore, each and every condition of this Agreement is applied to any employee that
is using the Website and/or Services. If User has doubts about his ability to ensure his
employee obeying conditions of this Agreement, User should not allow such
employee to use the Website and/or Services. The User takes full responsibility for
actions and inactions of his employees and any other affiliated entities.
1.2 In order to use the Website and Services the User has to submit information to
the Website and register an account (hereinafter referred to the Account). The User
must provide accurate and complete information and keep Account information
updated. It is prohibited:
1) to use as a username a name subject to any rights of a person other than the
User without appropriate authorization;
2) to select or use name of another person with the intent to impersonate that
3) to use as a username a name that is otherwise offensive, vulgar or obscene
(including translations and transliterations).
The User is solely responsible for any (without limitation) activity that occurs on
the Account. The User is responsible for keeping Account password secure and
should not publish any login information in any way. The usage of another User’s
Account is strictly prohibited without proper authorization of this User. The User
must notify the Operator immediately of any change in User’s eligibility to use the
Website and/or Services (including any changes to or revocation of any licenses from
any authorities), breach of security or unauthorized use of the Account.
The Operator will not be liable for any loss or damage as a result of User’s failure
to provide the Operator with accurate information or to keep Account secure.
1.3. Under this Agreement the Operator means not only the Operator as legal
entity but also all its personnel and affiliated entities.
2.1 Any information, data, text, written posts and comments, software, scripts,
graphics, and interactive features generated, provided, or otherwise made accessible
on or through the Website and/or Services is called the Content; Content includes all
the data on the VPS associated to relevant User’s Account.
All Content added, created, uploaded, submitted, distributed, or posted through
using Services (directly or indirectly) by User (hereinafter referred to as the User
Content), whether publicly posted, privately transmitted or stored on VPS, is the sole
responsibility of the person who originated such User Content. The User is
responsible that all User Content provided by this User is accurate, complete and in
compliance with all applicable normative acts. The Operator is not responsible for
User Content’s compliance with above mentioned criteria and each User is using the
Website and/or Services at his (her) own risk.
2.2 Use, reproduction, modification, distribution or storage of any Content for
other than purposes of using the Website is expressly prohibited without prior written
permission from the Operator. Selling, licencing, renting etc. any Content for
commercial use or in any way that violates any third party right is strictly prohibited.
2.3 By publishing any User Content, excluding privately transmitted User
Content, the submitter hereby grants the Operator a worldwide, non-exclusive,
perpetual, royalty-free, fully remunerated and transferable license to use, aggregate,
reproduce, distribute, prepare derivative works of, display, perform, and otherwise
fully exploit such User Content in connection with the Website (including
sublicensing) and the Operator, including without limitation for promoting and
redistributing part or all of the Website or the Services (and derivative works thereof)
in any media formats and through any media channels (including, without limitation,
third party websites and feeds), and including after the termination of relevant User
Account or the Website.
The User also hereby grants each third party non-exclusive, perpetual license to
access any of User Content that is made available to such user through the Services.
3. Rules of conduct
3.1 As a condition of use, the User is obliged not to use the Services for any
purpose that is prohibited by this Agreement. The User is solely responsible for his
every action or inaction without any limitations, including actions of his employees,
affiliated entities and any person who is using User’s created Content that is located
on User’s VPS.
All rules of conduct mentioned below are applicable on the User, his employees,
affiliated entities and any person who is using User’s created Content that is located
on User’s VPS. The User is solely responsible for observing these rules of conduct by
all persons mentioned above.
3.2 The User is obliged not to transmit, distribute, post, store, link, or otherwise
traffic in Content, information, software, or materials on or through the Service that
1) is false, misleading, untruthful or inaccurate and this fact is known to the User;
2) impersonates any other person other than User;
3) contains any confidential and/or sensitive information about any other person
other than User and without all necessary permissions;
4) is prohibited by relevant normative acts in any way without any limitation;
5) is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent,
invasive of another's privacy, tortious, offensive, profane or is otherwise inappropriate
as determined by the Operator in its sole discretion.
3.3 The User is restricted
1) to take any action that imposes or may impose (as determined by the Operator
in its sole discretion) an unreasonable or disproportionately large load on Operator’s
(or third party providers’) infrastructure, including use of any mechanism in order to
exceed the amount of resources assigned to User via this Agreement;
2) to interfere (including attempts to do so) with the proper working of the
Website or VPS;
3) to bypass, circumvent (including attempts to do so) any preventive and/or
4) to harvest or scrape any Content from the Website;
5) to run any form of “spam” and/or perform any actions that would result in
including his and/or Operator’s IP in any blacklist;
6) to use the VPS for high risk activities (e.g. where the failure of service could
lead to serious damage like death, personal injury, or environmental damage);
7) to perform any action that violate the Agreement or are (or can potentially be)
in contradiction with common moral, sense and/or any applicable normative act,
especially it is prohibited to participate in any way in terrorist activities;
money-laundering; distribution of child pornography; invasion of privacy (including
publishing and republishing of defamatory statements, harassment and embarrassing
activities); triggering of national, ethnic, racial and any other hatred; forgery, identity
theft, misdirection or interference with electronic communications; false advertising,
any other unfair, immoral and/or illegal schemes; illegal data collecting activities;
8) to attempt to derive any source code or underlying ideas or algorithms of any
part of the Website or VPS;
9) to distribute or transfer in any way rights received via this Agreement;
10) to create derivatives in any way (translate, modify etc.) out of works of any
part of the Website and/or Services it is providing;
11) to create multiple accounts with same billing information without notifying
the Operator before the registration;
12) to evade lawful requests (direct, indirect, periodical including for statistical
purposes) of government authorities and Operator;
13) to use any software that is of malicious intent including (but not limited to)
viruses, trojans, keyloggers, botnets, malware, flood, mail and logic bombs, denial of
14) to violate third parties’ intellectual property rights (including industrial
15) to use the VPS for any export or import activities, that are not in compliance
with relevant normative acts of European Union;
16) to make his User account easy accessible (including but not limited to: the use
of weak passwords or insecure protocols, making login information accessible to third
3.4 The User must
1) abide by all applicable (including international) normative acts, laws and
2) strictly follow the conditions of this Agreement;
3) notify Operator about any security breaches or threats and/or violation of this
Agreement as soon as possible;
4) help and support Operator in curing, preventing and/or investigating the
security breach or violation of this Agreement;
5) notify Operator about any violation of intellectual property rights with respect
to relevant normative acts of European Union;
6) ensure that any person using the data stored on VPS and/or Services is
informed about this Agreement prior the use of data.
3.5 The Operator is entitled to access, read, gather and disclose any information in
1) to satisfy request of authority and/or normative act or the User, who published
2) to enforce this Agreement, including (but not limiting) investigation of
technical or security issue, violation of the Agreement and/or normative acts.
In any case the Operator is entitled to perform any action reasonable and
necessary in order to protect himself, other Users and the Website.
3.6. The Operator is entitled to determine whether User’s action are violating
clause 3.3. of this Agreement at Operator’s sole discretion.
3.7. The Operator is entitled with or without notifying to terminate User’s access
to the VPS in event of violation of this Agreement.
3.8. The Operator is not responsible in any way whatsoever for usage of third
parties’ resources or services. If User is accessing such services (including through
the link provided by the Operator), he does it at his own risk.
3.9. Upon receiving the claim about Users activities or inactivity from the third
parties the Operator can provide User with 24 hours in order to eliminate the cause of
claim. Whether User succeeded in eliminating the cause of the claim should be
determined by the Operator in its sole discretion.
4. Payments and Billing
4.1 The list of acceptable payment methods is available on the Website and is
subject to change by the Operator at any moment.
4.2. Payment terms that are presented to User in the process of using or signing up
for services are integral part of this Agreement.
4.3. The Operator does not own any payment processor and is not provider of
financial services. The Operator is using such services provided by the third parties to
bill Users. The processing of payments is performed by such third parties, and are
outside of the scope of this Agreement, thus by choosing specific payment method
1) completely and implicitly agrees to terms and conditions associated with
relevant payment method;
2) authorizes the Operator to charge User’s selected payment provider;
3) provides current, accurate and complete billing information during the use of
services provided by this Agreement.
4.4. The Operator is not responsible for actions or inactions of the payment
4.5. The term of this Agreement shall be monthly, to commence on the date that
the User signs up electronically for the Services by creating an Account.
4.6. All invoices are denominated and User must pay in Euro currency.
4.7. The User will be billed monthly, with payment term of fourteen days, unless
User and Operator specifically agree otherwise (e.g. annual payment, special offers
4.8. The payments for services under this Agreement usually are monthly
payments, therefore the Operator is entitled to submit periodic charges (e.g. monthly)
without further authorization from the User, until the User provides prior notice
(receipt of which should be confirmed by the Operator) that he has terminated this
authorization. Such notice will not affect charges submitted before the Operator
reasonably could act.
4.9. In an event of cancellation of payment method due to any reason (including,
but not limited to: theft, loss, unauthorized login information disclosure) the User
must instantly inform the Operator. If the User will fail to do so, then he implicitly
agrees that Operator will continue to charge the User for the services.
4.10. If any Operator’s invoice is due for more than 15 days, then the Operator is
entitled to stop providing services for the User and/or collect the full amount due,
including any attorneys’ fees and court costs.
4.11. If any Operator’s invoice is due for more than 21 days, then the Operator is
entitled to completely delete relevant User’s Account and/or all information
associated with it (including User Content and VPS). The Operator should notify the
User about such intentions at least five day prior to deletion.
5. Applicable normative acts and jurisdiction
5.1. Any dispute, controversy or claim arising out or related to this Agreement or
the breach, termination or invalidity thereof shall be settled in Latvian courts of law.
5.2. This Agreement is governed by the normative acts of Republic of Latvia.
6. Other conditions
6.1. The Operator is released from all liability for any Content contained in or
accessed through the Website and/or Services, including, but not limited to: for the
origin, accuracy, copyright compliance, or legality of material or Content.
6.2. The Operator is released from all liability for any lost profits, data loss, cost
of procurement of substitute goods or services, or special, indirect, incidental,
punitive, compensatory or consequential damages of any kind whatsoever, substitute
goods or services (however arising), for any bugs, viruses or the like (regardless of the
source of origination), or for any direct damages in excess of (in the aggregate) one
monthly fee the User paid for previous month prior the day of harmful event.
6.3. The services and content are provided “as is”, “as available” and without
warranty of any kind, express or implied, including, but not limited to, the implied
warranties of title, non-infringement, merchantability and fitness for a particular
purpose, and any warranties implied by any course of performance or usage of trade,
all of which are expressly disclaimed. Each User uses the Website and its Service
solely at his own risk.
6.4. The User shall defend, indemnify, and hold harmless the Operator from all
liabilities, claims, and expenses, including any attorneys’ fees, that arise from or relate
to the User (or any third party using Account or identity) use or misuse of, or access
to, the VPS and Services, Content (including User Content), violation of these
Agreement or of any law, or infringement of any intellectual property or other right of
any person or entity.
6.5. The Operator does not warrant that the Services will be secure or available at
any particular time or location; any content or software available at or through the
services is free of viruses or other harmful components; any defects or errors will be
corrected; or the results of using the services will meet your requirements or bring you
6.6. The User is solely responsible for the creating backups, unless signed for
automated backup, provided by The Operator The Operator is not obliged to do so;
therefore the Operator is not liable for data loss originated from the inability to
recover the information.
6.7. The User must perform all necessary measures in order to keep confidential
any information received from the Operator. The User is prohibited to disclose such
information in any way whatsoever.
6.8. None shall be liable for nonperformance of the terms herein to the extent that
party is prevented from performing as a result of force majeure (any act or event
which occurs and is beyond party’s reasonable control, including, without limitation,
acts of God, war, unrest or riot, strikes, any action of a governmental entity, weather,
quarantine, fire, flood, earthquake, explosion, utility or telecommunications outages,
Internet disturbance, alien invasion or any unforeseen change in circumstances, or any
other causes beyond either party’s reasonable control). The force majeure does not
absolve the party to inform other party about such event and perform reasonable
measures in order to regain ability of execution of this Agreement.
6.9. The Operator notifies User via email the User provides in the Account, the
User notifies the Operator via email provided on Website.
6.10. This Agreement constitutes full and complete agreement between the User
and the Operator. The User and the Operator are bound by this Agreement from the
moment of Service purchasing and until the termination of the Agreement.
6.11. This Agreement is considered to be terminated when one party notifies other
party about its intent to terminate this Agreement and at the same time parties do not
have unsolved disputes and all Services provided up until the termination date are
fully paid. The Operator is entitled to unilaterally terminate this Agreement in case of
User’s violation of this Agreement without any limitation or restriction.