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The present contract is concluded between UAB "Esnet", company code 302482484 (hereinafter "Executor"), and Customer having logged in the electronic service control system of the Executor, filled out correctly all the fields required for the logging in, which is an integral part of the present contract, and agreed with the contract provisions as well as confirmed the agreement by indicating the provision: "I have read the contract and agree with its provisions".

1. Contract matter
1.1. The Executor obligates to provide the online server rent and other related services (hereinafter – "Services") to the Customer and the Customer obligates to use the Services under the provisions set out in the contract.
1.2. Order – data entered by the Customer in the electronic service control system of the Executor by the Customer as well as ordered services, term of the Service provision and other necessary information.
1.3. The Service descriptions and prices are indicated in the electronic service control system of the Customer in: (hereinafter – "Website").

2. Rights and obligations of the Parties
2.1. The Executor obligates to do the following:
2.1.1. To provide the Customer with the Services described in the Order.
2.1.2. In case the Customer informs on certain Service provision failures caused by a breakdown in the Executor’s hardware or software, to take any measures to eliminate them within 4 (four) hours on weekdays (from 9.00 to 18.00) or 9 (nine) hours at weekends.
2.1.3. To ensure the confidentiality of information provided by the Customer.
2.2. The Customer obligates to do the following:
2.2.1. To provide correct identifying information. The Executor is entitled to request the Customer to submit the documents proving the authenticity of provided information.
2.2.2. To conclude a contract and perform any other acts under the provisions set out by the Executor with which the Customer familiarizes and agrees while concluding the present contract and/or using the Executor’s services on the internet.
2.2.3. In case of changing the contact information or requisites of the Customer, to inform the Executor on this change within 5 weekdays or log in the Website and change the identifying information.
2.2.4. To inform the Executor on any failures of provision of a certain Service immediately.
2.2.5. To make data backups on the own.
2.2.6. Not to use the Executor’s Services for illegal goals including, but not limited with sending mass e-mails and/or violating the valid legal acts of the Republic of Lithuania and rights and legal interests of the Executor and third parties.
2.2.7. To store the own logging data.
2.2.8. To administer purchased services independently, take care of the software updating and assurance of its safety or employ a competent administrator of this field for constant service care.
2.3. The Executor is entitled to disconnect the Customer’s server without prior notice in case a DDoS attack is directed towards it or functioning of this server interferes with the server system of the Executor.
2.4. In case the Customer takes any activity which loads the server resources or network facilities to high extent or non-proportionally including but not limited with the use of strongly active scripts, the Executor is entitled to terminate the contract or suspend the provision of a certain Service immediately.
2.5. The Executor reserves the right to terminate client account/services at any time without a refund. Reasons for termination include, but are not limited to:
2.5.1. All types of spamming (including mailing, search engine spam etc.).
2.5.2. Denial-of-service attacks (DoS/DDOS attacks).
2.5.3. TOR nodes, Open proxies.

2.5.4. Torrent.
2.5.5. Cryptocurrency mining on virtual servers.
2.5.6. Illegal copyrighted material (DMCA).
2.5.7. Port/network scanning, brute forcing, IP spoofing etc.
2.5.8. Adult content if it doesn’t meet EU law.
2.5.9. Phishing or scam websites, hacking (including if server was hacked).
2.5.10. Distributing malware.
2.5.11. Any type of botnets.
2.5.12. Any other activity which breaks EU laws.

3. Settlement order
3.1. The setup fee (if any) as well as the subscription for the services, which are provided by the Executor according to the specification chosen in the Order, are paid by the Customer in advance.
3.2. New orders shall be paid within 1 week since the order date; later, the orders are annulled.
3.3. All payments are considered performed since the day of the money inclusion in the Executor’s account.

3.4. The inclusion of SMS revenue is coordinated according to the data on provided services submitted by the Operators. If the Operators provide other data in the statement than that provided by the Operators in the total month, the final amount will be recalculated on the basis of the Operators’ statement. The Executor calls attention that these discrepancies of data (especially related with the amounts paid by the Receivers to the Operators) can occur not for the Executor’s fault, but in relation with certain technical failures or insolvency of the Operators’ subscribers (a stolen SIM card was used, the Operator’s subscriber did not pay to the Operator etc.) and for other reasons. The Executor is not responsible for such discrepancies. In case the report submitted by the Operator is different from the report submitted by the System for the previous period, the information provided by the Operator will be considered true. In case the Executor has already performed payments for the Customer’s benefit before the provision of information by the Operator and it becomes clear after the specification of information by the Operator that some money shall be returned, the Executor is entitled to deduct and write off this money from the Customer’s account.
3.5. Unless the Customer pays the services in time, they are interrupted ex-parte and no claims are accepted.

4. Responsibility of the parties
4.1. The Executor is not responsible for any information, material, production or services present or offered in the network. By using them, the Customer takes the own risk and responsibility for its acts. There are no information, tips or recommendations provided by the Executor or its employees on the issues described in this clause creating any obligations of the Executor to the Customer.
4.2. The Executor does not take any responsibility for any financial, intellectual or other losses suffered while using the Executor’s services.
4.3. The Executor is not responsible for any restriction applied by third parties to the Customer.
4.4. The Executor is not responsible for the contents of the Customer’s server contradicting to the valid legal acts of the Republic of Lithuania or rights of third parties.
4.5. The parties are exempted from the responsibility for non-execution or improper execution of their contractual obligations in case they are unable to execute them in relation with the circumstances not depending on their will (force majeure).

5. Validity of the contract
5.1. The right of using the Services provided by electronic channels is valid for the period indicated in the Order. In case the Customer performs a new Order not later than 1 (one) day before the end of the Order term in accordance with the present contract, the Contract is prolonged automatically. The number and periods of orders are unlimited.
5.2. The Contract comes into force on the conclusion day and remains valid until the end of Service provision.
5.3. The Contract is invalidated in case the Customer does not execute at least one obligation taken with the present Contract.

6. Other provisions
6.1. All the amendments and supplements to the present contract are an integral part of the contract.
6.2. Any issues not foreseen and regulated in the present contract are solved in the mutual agreement or in accordance with the valid legal acts of the Republic of Lithuania.
6.3. The Parties will try to solve any disputes arising from the Contract in a good will and mutual agreement. Unless the Parties agree benevolently, the disputes will be solved in Vilnius in the order set out in the legislation of the Republic of Lithuania.
6.4. The Customer agrees that the Executor is entitled to use the data provided by the Customer for the goals of direct marketing while making offers on the articles and services provided by the Executor. The Customer may express its disagreement with the use of the data provided by the Customer for the goals of direct marketing in the electronic service control system of the Executor.

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