Terms of Service

1. GENERAL TERMS AND CONDITIONS — SCOPE OF APPLICATION

1.1 The following Terms apply to all business relationships between the Client and SEBEK SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, hereinafter referred to as "we". These Terms and Conditions form an integral part of all agreements entered into with the Client. These Terms also apply to future services and offers, even if the Client does not separately agree to them again.

1.2 Terms and conditions of our clients or third parties do not apply and do not form part of the agreement, even if we do not object to their application in individual cases. We expressly state that these Terms do not apply and do not form part of the agreement.

1.3 We expressly reserve the right to make changes to our Terms, system policies, and prices, notifying the Client in advance via their customer account or the email address provided in their contact details. We are not responsible for the operation and availability of the Client's email account.

1.4 The terms and conditions listed in the preamble apply in the order of precedence specified above.

1.5 Our employees and third parties authorized by them may not enter into any oral agreements or provide the Client with any oral warranties or commitments.

2. CONCLUSION, VALIDITY, AND TERMINATION OF THE AGREEMENT

2.1 The agreement is concluded when the Client places an order and we accept the order in accordance with the provisions of Section 2.4 of these Terms.

2.2 Our offers are subject to change and are not binding. We reserve the right to make technical and other changes within reasonable limits.

2.3 The Client represents that the data provided in the Client Account is correct and complete and undertakes to notify us in writing of any changes in this regard within no more than 14 days. The Client is obliged to provide proof of the accuracy of the data upon request.

2.4 The Client enters into a binding agreement by placing an order and accepting these Terms and Conditions. We are entitled to accept or reject the agreement contained in the Client's order within 5 business days of receiving the order. By merely confirming receipt of the Client's order, we are not obliged to accept the Client's order and the agreement contained therein.

2.5 Agreements are concluded for an indefinite period unless otherwise agreed.

2.6 The agreement is concluded for an indefinite period.

2.6 The agreement may be terminated by either party with 30 days' notice before the end of the month without stating a reason, without financial compensation/refund of costs for services we have provided. Different notice periods may apply to Clients depending on the description of the relevant services. Termination may be submitted in text form by letter, email, or via the customer account in our secure client interface.

2.7 Furthermore, we reserve the right to terminate the contractual relationship without notice for good cause. Good cause shall be deemed to exist, among other things, if the Client fails to fulfil payment obligations or breaches other material obligations of the Client. Another good cause that may result in blocking or closing services or the customer account without notice is where the Client uses content that disrupts normal operational behaviour or the security of our infrastructure or our product, or breaches Sections 8.1–8.10 of these Terms.

2.8 If the Client intends to transfer contractual rights and obligations to a third party, our consent is required. The Client must formalize the request to transfer rights and obligations in writing. We are obliged to verify the legitimacy of the transferring party and the identity of the third party.

2.9 We reserve the right to verify the Client's identity before service activation, during provision of the service, or after detection of suspicious activity. Verification may include, among other things, identity documents, proof of address, payment method verification, clarification of the intended use of the service, and the source of traffic. Until verification is successfully completed, we may suspend activation, suspend the service, or refuse to accept the order — without obligation to refund costs if refusal results from lack of Client cooperation or suspicion of abuse.

2.10 The Client represents that they use the services solely for lawful purposes, do not act as an intermediary or reseller without our written consent, and do not create an account for the purpose of circumventing a previous block (ban evasion). Any subsequent account created for the purpose of circumventing sanctions shall be closed immediately without refund.

3. SCOPE OF SERVICES

3.1 The scope of the service covered by the agreement is based on the product description applicable at the time the Client places the order and any written agreements arising therefrom. We reserve the right, after prior notice, to discontinue services that we offer free of charge or to introduce charges for those services.

3.2 If the subject of the contractual relationship is domain name registration, we are obliged only to arrange the requested domain registration. We assume no liability and give no guarantee that domain registration authorities will actually assign the domain name requested by the Client in their order. The Client may assume that the domain name will actually be assigned to them only after we confirm its assignment. We have no influence over domain assignment.

3.3 We undertake to use commercially reasonable efforts to achieve an average annual availability of our services of 99.9%.

3.4 The limitations described in the section /privacy/ apply.

3.5 Where the service includes assignment of IP address(es), we do not check whether the IP address is blacklisted, and the Client is not entitled to request a specific IP address. We reserve the right to change the IP address assigned to the Client without prior notice if necessary.

3.6 If we offer technical support services that go beyond the scope of the service description, we will issue a separate invoice for them.

3.7 We provide unlimited traffic subject to fair use and reserve the right to limit bandwidth at our discretion for any server that may adversely affect our network or service quality for other clients.

3.8 We do not guarantee availability of all CPU resources unless expressly specified in the tariff, and we reserve the right to block such service in case of abuse and improper use of resources, such as "mining" or other activities that load the CPU at 100% for extended periods in any way that may affect other clients.

3.9 Deployment of TOR relays (Tor Relay/Node) and anything related thereto is prohibited.

3.10 For new accounts and services, we may apply temporary technical restrictions (e.g. mail sending limits, port restrictions, lower traffic limits) until the Client's credibility is established. These restrictions may be maintained or re-imposed in case of suspected abuse.

3.11 The Client is responsible for IP reputation. If the IP is blacklisted due to Client actions, the Client must fix the cause and delist at own cost. We do NOT replace the IP address with a new one due to poor reputation of the previous one. We may suspend/limit ports/network; admin costs may be charged to the Client.

4. PAYMENT TERMS AND LATE PAYMENTS

4.1 We will issue the Client an invoice for all contracted services using the current prices shown at www.sebekvps.com plus statutory value added tax. If the service relates to shipped goods, the price includes shipping and packaging costs from the specified storage location.

4.2 Depending on the agreement, we process monthly, quarterly, semi-annual, annual, two-year, or three-year invoices using the agreed payment methods. The Client is obliged to comply with the terms of the payment service used to pay the invoice.

4.3 The Client is obliged to pay all fees and taxes arising from use of the service or third parties designated by the Client. Invoices are issued free of charge exclusively in electronic form. Postal delivery charges will be charged accordingly.

4.4 The Client is obliged to comply with all applicable export and import control regulations, in particular US regulations, as well as any other relevant regulations.

4.5 In the event of a chargeback, payment reversal, card payment, or other method originating from a third party without their consent, suspected payment fraud, or use of a stolen payment method, we reserve the right to immediately suspend all of the Client's services until the matter is clarified. Upon confirmation of payment abuse, the agreement may be terminated without notice and amounts paid shall not be refundable. Client data may be retained for the purpose of pursuing claims and disclosed to law enforcement or the payment operator.

4.6 The Client undertakes not to use our services for money laundering, terrorism financing, circumvention of international sanctions, or accepting payments from third parties without required licences and regulatory approvals.

5. ADMINISTRATOR RIGHTS AND OBLIGATIONS / DATA SECURITY

5.1 The Client has full and exclusive administrator rights to all Root Products and Cloud Server Service Products. The Client is responsible for managing and securing these products at their own cost and risk.

5.2 When using our services, the Client is obliged to configure and manage their servers in such a way that the integrity and availability of third-party networks, servers, and data are not compromised. In particular, it is strictly prohibited to use servers for (D)DoS attacks, port scanning without the consent of the resource owner, phishing, spam, running open mail relays, and other activities described in detail in Section 8 of these Terms. If the Client breaches this agreement, we reserve the right — without prior notice where urgency of the situation requires — to apply any blocks and sanctions against the server, ports, network, and customer account, as well as to terminate the agreement without notice.

5.3 The Client is obliged to use the services provided properly and to refrain from abuse and unlawful conduct.

5.4 The Client is responsible for regularly creating backups of their data; backups must be stored outside the server provided by us. If data is transferred to us on the Client's servers, the Client is obliged to regularly create backups of that data. The Client is obliged to perform a full backup of data before making any change on their own behalf or on behalf of a third party. If data loss nevertheless occurs, the Client is obliged to resubmit the relevant data files to us free of charge or restore them independently.

5.5 The Client is obliged to maintain basic server security measures, including but not limited to: current system updates, strong passwords, disabling open relay on mail servers, restricting administrative access (SSH/RDP) to trusted IP addresses, and monitoring logs for compromise. Lack of security measures does not release the Client from liability for actions performed from their server.

5.6 The Client undertakes to keep contact details (email, phone, billing data) current and accurate and to respond to abuse reports and security notifications within 24 hours of receipt. Failure to respond entitles us to suspend the service until the matter is clarified.

6. DATA PROTECTION

6.1 Data processing is carried out in accordance with the GDPR. Further information can be found in our Privacy Policy, available at /privacy/.

6.2 If the Client also wishes to process personal data of third parties via our services, only the Client remains the responsible party within the meaning of data protection regulations. We process personal data as a processor under Article 28 GDPR only when the Client enters into a data processing agreement with us. Such an agreement is not entered into automatically. If required, we may offer the Client the conclusion of a data processing agreement via their account, supplemented by EU standard contractual clauses if the Client orders products located in a third country.

6.3 We hereby warn the Client that we generally cannot determine whether the Client processes personal data. The Client is therefore obliged to provide us with the necessary information, in particular regarding whether personal data of third parties is processed, for what purpose such data is processed, and to which categories the personal data and data subjects belong. In the absence of a processing agreement containing the necessary information from the Client, we assume that the Client does not process personal data of third parties using our services and will therefore not take any measures in accordance with data protection regulations.

6.4 We hereby warn the Client that, given the current state of technology, there is still no comprehensive form of protection for data transmission on the Internet. The Client bears sole responsibility for the security of all data stored in their products.

7. USE BY THIRD PARTIES

7.1 The Client is entitled to grant third parties contractual rights to use any services ordered by the Client at Sebek. In such case, the Client remains the sole contractual partner. The Client bears sole and full responsibility for fulfilment of agreements entered into between us and the Client.

7.2 If the Client is not entitled to use Sebek services, Sebek assumes no liability for this.

7.2 If the Client transfers user rights to their Sebek Services to a third party, the Client shall ensure compliance with all legal and contractual provisions at the time of transfer. This applies to any changes requiring cooperation with the third party.

7.3 If a third party breaches contractual obligations or fails to fulfil the duty of cooperation, if data provided by the third party is incorrect or incomplete, or if other problems arise with granting user rights to third parties, the Client bears full responsibility for any resulting damage and shall furthermore indemnify us against any claims brought against us by the third party or other persons.

8. USE OF SERVICES / CONTENT

8.1 The Client is obliged to independently verify and comply with legal provisions arising from use of the services agreed in the contract, in particular telecommunications law, telemedia law, as well as national and international industrial and intellectual property rights, personal rights, competition law requirements, and data protection. The Client shall indemnify us against any third-party claims arising from breach of these obligations.

8.2 The Client is obliged not to publish content that infringes third-party rights or otherwise violates applicable law. This includes, among other things, pornographic or obscene content, extremist content or content offensive to public decency, gambling, content that may seriously endanger the morals of children or young people or infringe third-party rights (copyright, name rights, trademark rights, and data protection rights). This also includes publication of defamatory, insulting, or degrading content concerning persons or groups of persons.

8.3 Sending spam is strictly prohibited. This includes in particular:

• sending unauthorized, unsolicited mass messages (email, SMS, messenger messages, etc.);
• distributing advertising without prior, express consent of the recipient;
• providing false sender information, forging message headers, or masking the sender's identity in any way;
• using mailing lists obtained without recipients' consent (purchased, scraped, or otherwise unlawfully obtained lists).

Any mailing activity conducted using our services must comply with applicable law — including GDPR, anti-spam legislation, the CAN-SPAM Act, and other relevant national and international regulations — and requires confirmation of recipient consent by Double Opt-In (double verification: email address registration + consent confirmation by link or code). The Client is obliged to retain evidence of consent granted (date, source, content of consent) and to provide it upon our request. Every message must contain clear sender information and an easy-to-use unsubscribe mechanism.

Cryptocurrency mining applications remain prohibited. These include, among others, cryptocurrency mining, farming, and crypto tipping.

8.4 It is strictly prohibited to use the services for the following activities:

• Attacks and security breaches — DDoS/DoS attacks, brute force, exploits, botnets, malware distribution, ransomware, unauthorized access to third-party systems, and any other activities aimed at disrupting, damaging, or taking over others' IT resources;
• Port and network scanning — scanning ports, hosts, networks, or services without express written consent of the owner of the scanned resource (including mass scanning of the Internet, operator networks, or other clients' infrastructure);
• Phishing and fraud — phishing sites, fake login forms, credential harvesting, scams, fraud, and other activities aimed at misleading third parties to obtain financial benefit or access to data;
• Criminal and illegal activities — any other activities contrary to applicable national, EU, or international law, including copyright infringement, distribution of content without required licences, activities related to trade in illegal goods or services, and use of the server as infrastructure for cybercrime.

The Client bears full responsibility for all activities performed from or via their server, regardless of whether they were undertaken by the Client, their employees, contractors, or third parties with access to the service.

8.5 In the event of a breach of these Terms, including Sections 8.1–8.4, we reserve the right — at our discretion and, where urgently required, without prior notice — to apply any blocks and sanctions against the Client, their server, ports, and network, including but not limited to:

• partial or complete blocking of access to the server, customer account, or individual services;
• blocking of network ports (including outbound mail: TCP 25, 465, 587 and other ports at our discretion);
• bandwidth limitation, traffic filtering, network cut-off (null route), or placement of the IP address on blocklists (blacklist);
• suspension, migration, or permanent closure of the service and termination of the agreement without notice;
• disclosure of information about the breach to relevant law enforcement authorities, network operators, or other authorized entities.

The above measures may be applied jointly or separately. If the service is blocked due to a breach of the Terms, the Client has no claim for refund of costs or compensation for the period of service unavailability.

8.6 If we become aware of illegal activity or a breach of the provisions of Section 8, we are entitled to require the Client to immediately remove unlawful content or cease unlawful activities and to apply the measures specified in Section 8.5, including blocking access to Sebek services or accounts.

8.7 Without written consent from Sebek, the following are prohibited, among other things:

• resale, subleasing, or provision of VPS/VDS/proxy/VPN to third parties as a hosting service;
• operation of fake online shops, investment platforms, cryptocurrency exchanges, "tech support" scam sites, and other projects aimed at extorting money or data;
• SEO spam, doorway pages, automated content generation solely to manipulate search results, and mass publication of content infringing third-party rights;
• hosting CSAM (child sexual abuse material) — zero tolerance; in such case the service is blocked immediately and information is passed to relevant authorities without prior notice to the Client;
• use of the services to circumvent blocks on platforms, anti-bot systems, paywalls, or third-party security measures.

8.8 To protect infrastructure and other clients, we may analyze network traffic metadata (volume, ports, connection patterns, IP reputation), system logs, and abuse reports from third parties. This analysis serves abuse detection and does not require prior consent from the Client. In case of justified suspicion of breach of law or these Terms, we cooperate with network operators, service providers, law enforcement authorities, and other authorized entities.

8.9 A Client whose service was previously blocked due to a breach of the Terms may be permanently excluded from using Sebek services (permanent ban). Repeated breach after a prior warning may result in permanent account closure without possibility of data recovery and without refund.

8.10 The Client is liable for damage and costs incurred by Sebek in connection with a breach of the Terms, including costs of abuse incident response, administrative work, delisting from blocklists, charges imposed by upstream/providers, and legal costs — to the extent permitted by applicable law.

9. LIABILITY

9.1 The Client uses Sebek Services at their own risk. We are liable for consequential damage in case of intentional action or gross negligence, but not for lost profits. In case of culpable breaches that are not caused by gross negligence or intentional action, we are liable up to the foreseeable damage typical for the type of agreement, up to a maximum of 100% of the monthly rental value of the product by the Client.

9.2 If the Client breaches obligations specified in Sections 5 and 8 of these Terms, in particular those concerning statutory prohibitions, breaches of public decency, spam, fraud, and actions against network security, the Client shall release us from liability for any direct or indirect damage resulting therefrom, including financial losses, administrative labour costs, and upstream charges. Furthermore, the Client shall indemnify us against third-party claims — regardless of legal basis — arising from fault of the Client or third parties designated by the Client. The indemnification obligation also includes all legal defence costs incurred.

10. CANCELLATION POLICY

10.1 The Client has the right to withdraw from this Agreement without stating a reason. To exercise the right of withdrawal, the Client must inform SEBEK SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, Ul. Żeńców 30, Kraków, 30-734, email: [email protected] by means of a clear statement (e.g. a letter sent by post, fax, email, or via the customer account in our secure online administrative interface) of the Client's decision to terminate this agreement. The Client may use a withdrawal form template for this purpose, although this is not mandatory. To meet the requirements for termination, it is sufficient for the Client to send a clearly formulated notification of the intention to exercise the right of termination before the notice period expires.

10.2 We do not provide refunds for any reason given by the user, unless we are unable to provide the service in accordance with these Terms of Service. Blocking of the service due to breach of the terms of this agreement does not constitute grounds for a refund. If the user is dissatisfied with our services, this is not grounds for a refund. If the user no longer needs our services — this is not grounds for a refund.

10.3 Our cancellation form is available in the management section of each ordered service.

11. DISPUTE RESOLUTION PROCEDURE

The European Commission provides an online platform for out-of-court dispute resolution (ODR platform), available at https://ec.europa.eu/consumers/odr. We do not wish and are not obliged to participate in dispute resolution proceedings before a consumer arbitration board.

12. FINAL PROVISIONS AND SEVERABILITY CLAUSE

12.1 These Terms and Conditions and the contractual relationship between us and the Client are governed by the law of the Republic of Poland, excluding the United Nations Convention on Contracts for the International Sale of Goods and international private law.

12.2 The international and exclusive place of jurisdiction for all disputes arising from this contractual relationship is our registered office in Kraków. However, we are entitled in all cases to initiate court proceedings at the place where the Client conducts business. In such case, mandatory statutory provisions, in particular those concerning exclusive jurisdiction, remain unaffected.

12.3 If a provision is or becomes invalid or unenforceable in whole or in part, this shall have no effect on the validity of the remaining provisions. The same applies where and to the extent that an omission exists in a given agreement. In place of the invalid or unenforceable provision, the appropriate provision shall apply which, to the extent legally possible, corresponds to the meaning and purpose of the invalid or unenforceable provision or the presumed intention of the parties, as if they had taken this point into account.