Terms Of Service
Last Updated December 27thth, 2016
- Intellectual property rights in the Website
- Your Content
- Right of withdrawal
- Customer support
- Service level agreement
- Data backup
- Mere conduit
- Third-Party software
- Availability of Services
- Limitation of liability
- DISCLAIMER OF WARRANTIES
- Force Majeure
- Relationship of the Parties
- Violations of these Terms
- Governing law
- Entire Agreement
- Last amendment
- Contact Us
IMPORTANT. PLEASE READ CAREFULLY:
These Terms of Service (hereinafter, referred to as the “Terms”) is a legal agreement between you (either an individual or a single entity) and RapidSeedbox having an address at Global Gateway 8, Rue de la Perle, Providence, Victoria, Mahe, Seychelles, P.O Box 440 (hereinafter, referred to as “RapidSeedbox”, “we”, “our”, “us”) for the services provided through the website www.rapidseedbox.com (hereinafter, referred to as the “Services”) (hereinafter, you and RapidSeedbox are sometimes collectively referred to as the “Parties” and each individually a “Party”). By using or purchasing the Services, you agree to be bound by these Terms. The most current version of these Terms can be accessed at Terms of Service.
1.1 The Services allow the users to upload and download digital files by using a remote server hosted in a high-bandwidth data center.
1.2 The Services shall be used for lawful purposes only. You are not allowed to use the Services for (i) sending any spam and other unsolicited advertisements; (ii) uploading, downloading or viewing any unlawful content, including, but not limited to, pornographic, obscene, offensive, or defamatory content.
1.3 You are not allowed to use the Services if, in the country in which you will be using the Services, you: (i) are under the age required to enter into this agreement; (ii) are under the age barred from receiving the Services; or (iii) you are under the age of 16.
1.4 Technical steps to purchase the Services. If you would like to purchase the Services, you need to perform the following steps: (1) visit the website www.rapidseedbox.com (hereinafter, referred to as the “Website”); (2) press on the green button “GET STARTED NOW” located on the bottom of the main page of the Website; (3) choose a subscription plan; (4) press the button “Order Now” under the chosen subscription plan; (5) add your seedbox password; (6) choose your billing cycle; and (7) press on the green button “ADD TO CART”; (8) choose the currency in which you would like to pay the price of the Services; (9) press the green button “CHECK OUT”; (10) choose the payment method which you would like to use to make the payment; (11) enter the username and the password of your account on the Website or register a new account on the Website; (12) enter the details of the payment method which will be used for paying the price of the Services. When you make the required payment, we will send you a confirmatory email informing you about your order. By paying the price of the Services and receiving a confirmatory email, you conclude a service contract in English between you and RapidSeedbox on the basis of these Terms. After receiving your payment, we will provide you with access to the Services.
1.5 The details of your specific contract will not be filed by us and, therefore, the specific contract will not be available to you. However, if you do require any information regarding your order please contact us by using the contact details mentioned in Section 28.
1.6 Correcting input errors. You will be able to identify and correct any input errors prior to making the payment of the price of Services. If you have made any input error in your shopping cart, please go to your shopping cart and correct your error.
1.7 When registering an account on the Website, you must provide RapidSeedbox with accurate and complete information. You shall update the information in your account if this information becomes out of date.
1.8 Unless you exercise the right of withdrawal stated below, you are not entitled to a refund of any prices paid by you before the termination of your service contract. If you exercise the right of withdrawal, you are entitled to a full refund of any prices paid by you before the termination of your service contract. The right of withdrawal does not apply to service contracts related to our dedicated servers.
1.9 By signing up for the Services, you automatically sign up for receiving our newsletter.
2.1 All title and copyrights in and to the content of the Website, including, but not limited to, any applets, animations, audio, images, photographs, music, and text are owned by RapidSeedbox or its suppliers. The content of the Website is protected by copyright laws and international copyright agreements. Subject to these Terms, RapidSeedbox hereby grants you a non-exclusive and non-transferable license to use the content of the Website. RapidSeedbox may terminate this license if you breach these Terms.
3.1 You retain copyright and/or all other rights which you already hold in the content which is stored on, or distributed through the Services (hereinafter, referred to as the “Your Content”).
3.2 By using the Services, you agree that RapidSeedbox may: (i) adapt or otherwise make changes to Your Content due to the technical requirements of devices, media, connecting networks, and services; (ii) transmit or distribute Your Content worldwide; (iii) transmit or distribute Your Content over various public networks and in various media; (iv) utilize various third-party software, services or infrastructure with the aim to facilitate adaptation, distribution, and transmission of Your Content.
3.3 By using and/or purchasing the Services, you agree that you will be fully responsible for all Your Content. You hereby acknowledge that you have legal rights to store and distribute Your Content. You hereby acknowledge that Your Content is legal under (i) the laws of the country in which RapidSeedbox is based, (ii) the laws of the country or region in which you reside, and (iii) the laws of the country or region in which Your Content is physically stored.
4.1 The prices indicated on the Website are indicated in two currencies, namely, EUR and USD. You can select the currency in which you would like to pay the prices.
4.2 The prices remain valid as long as they are indicated on the Website.
4.3 We may alter our price list from time to time. The price applicable is that set at the date on which you order your Services.
5.3 It is your responsibility to verify that all transaction information and other details are correct. RapidSeedbox shall have no liability for transactions which are incorrect as a result of factors beyond RapidSeedbox’s control.
5.4 RapidSeedbox accepts no responsibility for refusal or reversal of payments, which shall be a matter between you and the provider of payment services.
5.5 If you do not make the payments required for using the Services, we may retain or remove content stored by you on our servers.
6.1 Right of withdrawal. You have the right to withdraw from the service contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the service contract. To exercise the right of withdrawal, you must inform RapidSeedbox of your decision to withdraw from the service contract by an unequivocal statement. You can use the following contact details to exercise your rights of withdrawal:
You may use the model withdrawal form in Section 6.3, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
6.2 Effects of withdrawal. If you withdraw from the service contract, we shall reimburse to you all payments received from you, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from the service contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
6.3 Model withdrawal form.
— To: RapidSeedbox
— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
— Ordered on (*)/received on (*),
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.
6.4 In order to prevent abuse of these Terms, RapidSeedbox reserves the right to refuse future services to (i) a customer who seeks multiple refunds; and (ii) a customer who has violated these Terms.
6.5 The right of withdrawal in this Section 6 applies to Seedboxes only. It does not apply to dedicated servers.
7.1 If you would like to send a customer or technical support query to us, please send a support ticket by using the ticketing system accessible through your client area. Alternatively, you can send your customer or technical support queries by using the contact form available at https://www.rapidseedbox.com/contact or send us an email at firstname.lastname@example.org.
7.2 By purchasing the Services, you agree that the support provided by RapidSeedbox is on an “as-is” and “as-available” basis. RapidSeedbox does not guarantee that our support will be available at any time and/or our support will able to resolve your problem.
8.1 Downtime compensation. If you do not have access to the Services for a period exceeding 12 hours, RapidSeedbox will issue to you a credit equal to the duration the downtime lasted. Any downtimes which last less than 12 hours may or may not be credited. RapidSeedbox will not compensate you for any downtime caused by your ISP or your connectivity to our servers.
8.2 Additional downtime compensation. In our sole discretion, we may provide you with a downtime compensation which is more beneficial than the downtime compensation stated in the preceding Section.
8.3 We will not provide any compensation for loss of data caused by a human error on your behalf.
9.1 You are solely responsible for ensuring backup of Your Content unless you and RapidSeedbox have arranged that the Services will include backup. We shall not be liable for loss of data or failure to recover data irrespectively of the type of failure.
10.1 You and RapidSeedbox agree that, when providing the Services, RapidSeedbox is solely acting as a mere conduit of information. You agree that you are the publisher of Your Content.
10.2 RapidSeedbox does not filter or inspect Your Content. RapidSeedbox does not express or imply approval of Your Content.
11.1 You may use the Services in combination with third-party software. Such third-party software may be governed by separate agreements. By downloading, installing, or otherwise using such a third-party software, you may be bound by the terms of the end user licenses governing third-party software. RapidSeedbox shall not be responsible for any third-party software.
13.1 You understand and agree that the Services may, without a prior notification to you, interrupt at any time and may continue for any duration. You agree that, under no circumstances, we shall be held liable for any damages arising out of or related to such interruptions. One or more such interruptions shall not constitute a default under these Terms.
14.1 To the extent not prohibited by law, RapidSeedbox shall not be liable for any loss of profits, loss of income, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind whatsoever arising and whether caused by tort (including negligence), breach of the Terms or otherwise. RapidSeedbox maximum aggregate liability under the Terms whether in tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to RapidSeedbox in relation to the Services in question.
15.1 TO THE EXTENT NOT PROHIBITED BY LAW, THE SERVICES PROVIDED RAPIDSEEDBOX ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. WE DISCLAIM ANY WARRANTY (EXPRESS OR IMPLIED), INCLUDING WARRANTIES OF FITNESS OR MERCHANTABILITY FOR A PARTICULAR PURPOSE. TO THE EXTENT NOT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL RAPIDSEEDBOX BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, AND CONSEQUENTIAL DAMAGES EVEN IF RAPIDSEEDBOX WAS ADVISED BY YOU OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IF THE SERVICES ARE DISRUPTED OR INTERRUPTED, WE SHALL NOT BE RESPONSIBLE FOR ANY LOSSES CAUSED BY SUCH A DISRUPTION OR INTERRUPTION.
16.1 You agree to indemnify, defend, and hold RapidSeedbox harmless from and against any and all expenses, obligations, liabilities, and claims, attorney’s fees, legal costs, and losses incurred by us arising out of or in relation to the Services.
17.1 RapidSeedbox shall not be liable to you or other persons for any failure of performance of any obligation vested in these Terms if such failure is caused by any events beyond RapidSeedbox’s reasonable control, including, but not limited to, acts of God, acts of terrorism, cable cuts, strikes, wars, fires, floods, vandalism, injunctions, hurricane, governmental acts, riots, third-party provider outages, injunctions, power crisis shortages, and explosions.
18.1 The Parties are independent contractors, and these Terms does not make you an employee, partner, agent of, or joint venturer with, RapidSeedbox for any purpose. You agree that you are, and will remain, an independent contractor in your relationships with RapidSeedbox.
19.1 If you violate any of the Terms, in addition to any other remedies available at law or in equity, RapidSeedbox will have the right, in its sole discretion, to suspend or terminate immediately the Services provided to you.
20.1 You may not assign your rights under these Terms without the prior written consent of RapidSeedbox, and any such attempted assignment shall be void. This Agreement shall be binding upon the Parties’ permitted assigns and respective successors.
21.1 These Terms shall be read, construed and take effect in accordance with the laws of the Republic of Seychelles and the Parties hereto expressly agree to submit to the exclusive jurisdiction of the courts in the Republic of Seychelles.
22.1 To the extent not prohibited by the applicable law, any controversy or claim arising out of or relating to use of the Website and/or the Services shall be settled by binding arbitration in accordance with the rules of net-ARB.com. The costs of arbitration shall be initially borne by the claimant and later apportioned by the arbitrator. The arbitrator’s decision will be binding and may not be appealed. A judgment of a court having jurisdiction may be entered upon the arbitrator’s award.
23.1 A failure of a Party to enforce strictly a provision of these Terms shall in no event be considered a waiver of any part of such provision. No waiver by a Party of any breach or default by the other Party shall operate as a waiver of any succeeding breach or other default or breach by such other Party. No waiver shall have any effect unless it is specific, irrevocable and in writing.
24.1 These Terms constitute the entire understanding between the Parties with respect to the subject matter thereof and supersedes all prior agreements, negotiations and discussions between the Parties relating thereto.
25.1 The unenforceability of any single provision of these Terms shall not affect any other provision hereof. Where such a provision is held to be unenforceable, the Parties shall use their best endeavors to negotiate and agree upon an enforceable provision, which achieves to the greatest extent possible the economic, legal and commercial objectives of the unenforceable provision.
26.1 RapidSeedbox reserves the right, at its sole discretion, to change or modify these Terms at any time. Unless otherwise stated in these Terms, any such change or modification shall be effective when published on the following URL:Terms of Service Therefore, you should regularly visit the aforementioned URL to review the current version of the Terms so you are aware of any revision to which you are bound. Your continued use of the Terms after any such changes constitutes your acceptance of the revised Terms. If you do not agree to abide by the revised Terms, please stop using the Services and the Website.
27.1 These Terms has been last amended on 27th of December 2016.
28.1 If you have any questions about these Terms, please contact us by using https://www.rapidseedbox.com/contact
Digital Millennium Copyright Act (DMCA) Policy
Last Updated December 13th, 2015
RapidSeedbox having a principal place of business at Global Gateway 8, Rue de la Perle, Providence, Victoria, Mahe, Seychelles, P.O Box 440 (hereinafter, referred to as “RapidSeedbox”, “we”, or “us”) respects the legitimate rights of copyrights owners, and has adopted an efficient notice and takedown procedure as required by the DMCA. The notice and takedown procedure is described below.
Instructions on How to Write and Send a Proper DMCA Notice
The DMCA provides a legal procedure by which you can request us to remove content infringing your intellectual property rights. A Proper DMCA Notice will notify RapidSeedbox of particular facts in a document signed under penalty of perjury. To file a notice of infringement with RapidSeedbox, you must provide a written communication (by fax or regular mail) that contains the information specified in the list below. RapidSeedbox would like to inform you that you will be liable for damages (including costs and attorney’s fees) if you materially misrepresent that material is infringing your copyright(s). Therefore, if you are not sure if you are the proper copyright holder or if copyright laws protect the material of yours, you may need to consult a lawyer. In order to write a Proper DMCA notice, please provide the following information:
- Identify with sufficient detail the copyrighted work that you believe has to been infringed;
- Identify 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 RapidSeedbox to locate the material;
- Provide us with information reasonably sufficient to permit RapidSeedbox to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
- Add the following statement: “I have 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”;
- Add the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”;
- Sign the document; and
Send the document to the following address:
Name: RapidSeedbox Ltd
Address: Level 15 Yardley Commercial Building, 1-6 Connaught Road West, Sheung Wan, Hong Kong
Writing and Submitting a Counter-notification
If your content is removed due to operation of RapidSeedbox notice and takedown procedure described above, and you believe the takedown was improper, you may submit a Counter-notification. RapidSeedbox would like to inform you that you will be liable for damages (including costs and attorney’s fees) if you materially misrepresent that material is infringing your copyright(s). Therefore, if you are not sure if you are the proper copyright holder or if copyright laws protect the material of yours, you may need to consult a lawyer. RapidSeedbox would like to inform you that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. In case you are not sure whether certain material infringes the copyrights of others, we suggest that you first consult a lawyer.
Writing a Counter-notification
To Write a Proper Counter-notification, please provide the following information:
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- Your name, address, and telephone number;
- The following statement: “I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]”;
- The following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”;
- The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and
- Sign the document.
Send the written communication to our designated agent to:
Name: RapidSeedbox Ltd
Address: Level 15 Yardley Commercial Building, 1-6 Connaught Road West, Sheung Wan, Hong Kong
Last Updated June 8th, 2016
- Personal information collected by us
- The purpose of collection of personal information
- Marketing information
- Non-personal information collected by us
- Protection of personal information
- Third party access to personal information
- Accessing and correcting your personal information
- Retention period
- Your consent
- Contact details
- Last amendment
1.1 When registering an account on the Website, RAPIDSEEDBOX may collect the following personal information from you: (1) email address; (2) country; (3) IP address; and (4) other information which you decide to provide us.
2.1 The personal information collected through the Website is used by RAPIDSEEDBOX only:
to allow you to create an account on the Website;
to provide you with the services requested by you;
to contact you if there is a problem with the operation of the Website;
to personalize the Website for you;
to send you information about our services that may be of interest to you;
to provide you with our newsletter;
to collect payments from you;
to deal with enquiries and complaints made by you in relation to the Website;
to inform you about updates of the Website;
to send you administrative messages regarding your use of the Website;
to comply with lawful government requests and/or lawful requests by the police investigating suspected illegal activities.
2.2 We collect and process your personal information only for the achievement of one or more of the aforementioned purposes.
2.3 If you do not provide RAPIDSEEDBOX with the requested personal information, you may not be able to use the full functionality of the Website.
3.1 If you no longer wish to receive any marketing information from RAPIDSEEDBOX, you may opt out of receiving such information by contacting us.
4.1 Please note that we may collect non-personal information (e.g., URL addresses of websites clicked to and from the Website, operating systems, browser types). We use the collected non-personal information to further develop the Website.
5.1 We use information security tools (e.g., secured networks and encryption) in order to protect your personal information.
6.1 The personal information collected by RAPIDSEEDBOX from you will not be shared with third parties, unless RAPIDSEEDBOX is required by law to do so.
7.1 You have the right to access, delete, or modify your personal information collected by RAPIDSEEDBOX. You can do so by contacting us at the address set out in Section 12. We will respond to your request within two weeks.
8.1 We will keep your personal information for as long as it is necessary to provide you with the requested services.
8.2 If your personal information is no longer necessary for the delivery of the requested services, we will keep it for a maximum of one year in identifiable form.
10.1 Please note that the Website may contain links to third party websites. We hereby disclaim any liability in relation to the privacy practices of other websites.
11.1 You can contact us by using https://www.rapidseedbox.com/contact .
12.2 There are two types of cookies, namely, persistent cookies and session cookies. Persistent cookies remain valid until their expiration date, unless deleted by the user before that date. Session cookies will be stored on a web browser and will remain valid until the moment when the browser is closed.
12.5 RAPIDSEEDBOX uses Google Analytics to analyze your use of the Website. Google Analytics generates statistical and other information about the Website by means of cookies. The information generated by Google Analytics in relation to the Website is used to create reports about the use of the Website. For information on the privacy aspects of Google Analytics, please visit https://support.google.com/analytics/answer/6004245?hl=en .
Guidelines for law enforcement authorities
RapidSeedbox is firmly committed to respect the law and other regulatory obligations. Therefore, we will cooperate with law enforcement authorities in prosecuting users who are involved in unlawful activities, such as dissemination of child pornography and copyright infringements. We aim to promote the rule of law and respect for human rights.
This document provides law enforcement officials with operational guidelines on how to seek records from RapidSeedbox. It does not apply to non-law enforcement requests.
1. Legal process requirements
1.1 We disclose records from RapidSeedbox in accordance with the applicable law. A letter rogatory or a Mutual Legal Assistance Treaty may be required to compel disclosure of records.
2. Account preservation
2.1 Upon receiving a notice of formal legal process, we will take steps to preserve account records related to official criminal investigations for 90 days. Law enforcement authorities may expeditiously submit formal requests for preservation of account records by using the contact details specified in Section 8.
3. Matters related to child safety
3.1 Any apparent instances of child exploitation will be reported by us to the National Center for Missing & Exploited Children (NCMEC)’s CyberTipline, at cybertipline.com. Please note that we will also report content drawn to our attention by government requests.
4. Availability and data retention
4.1 RapidSeedbox will search for and disclose information in our records if (i) we are reasonably able to locate such information and (ii) the requests for such information are reasonably specific.
4.2 RapidSeedbox will not retain data for law enforcement purposes unless we receive a lawful governmental order requiring us to do so.
5. Form of requests
5.1 We are unable to process legal demands which are overly vague or broad. To make sure that your legal demand will be processed by us, please identify the requested records and include the following:
(i) the name of the authority making the legal demand; and
(ii) the ID number, the address, and the telephone number of the law enforcement agent submitting the legal demand; and
(iii) email address from a domain name associated with the law enforcement authority making the legal demand; and
(iv) the requested response date.
6.1 We notify our users about legal demands related to them unless:
(i) we are prohibited by law to do so; and/or
(ii) there are exceptional circumstances, such as emergencies and child exploitation cases; and/or
(iii) the provision of such notifications will be counter-productive.
6.2 Law enforcement officials wanting to prevent the disclosure of their legal demands to the users to which the demands relate should obtain appropriate process or court order requiring us to refrain from disclosing their legal demands.
7. Reimbursement of costs
7.1 To the extent allowed by law, we may seek reimbursements for costs in responding to law enforcement requests.
8. Submission of law enforcement requests
8.1 If you would like to submit a law enforcement request to us, please use the following contact details:
By email: email@example.com
By post: RapidSeedbox Ltd, Level 15 Yardley Commercial Building, 1-6 Connaught Road West, Sheung Wan, Hong Kong
8.2 Please send your law enforcement requests to the attention of: RapidSeedbox Law Enforcement Response Team. For serious and urgent matters which require immediate disclosure of information, please send your law enforcement requests to the attention of: RapidSeedbox Law Emergency Enforcement Response Team.
8.3 We would like to inform you that the acceptance of legal process by email or by post is for convenience only. Such acceptance should not waive any objections, e.g., lack of proper service or lack of jurisdiction.
9. Last amendment
9.1 This document has been last amended on 27th of December 2016.