1. Glossary

Riven Cloud - The private cloud hosting company Riven Cloud, registry code 14649572, located at Sepapaja tn 6, Tallinn, 15551, Estonia, and represented in its relations with the Customer by its legal or authorized representative.

Price List - The list of general prices of Riven Cloud’s services, accessories and sanctions, set forth by Riven Cloud and publicly available to the Customer from Riven Cloud customer service and on the Riven Cloud Website.

Hotline - Riven Cloud customer service telephone at +372 6026523.

Customer Portal - Online customer service platform located at the Riven Cloud Website https://portal.sa.net

Personal Information - Customer’s personal details (Customer’s legal name, date of birth, identity document details) and contact information (Customer’s address, contact details, e-mail address) and information regarding the Service used by the Customer (Service usage volume and history, Customer’s payment history), as held by Riven Cloud.

Customer - A natural or legal person in a current contractual relationship with Riven Cloud based on a Customer Agreement, and acting in person or via their legal or authorized representative. Unless the Parties agree otherwise, a natural or legal person may become a Customer only if the natural person is of age and the natural or legal person has no outstanding debt to Riven Cloud.

Website - Riven Cloud’s website at https://sa.net/tos/.

Service - Any services provided by Riven Cloud to the Customer, including but not limited to server housing, dedicated server, cloud server, web hosting, domain names, SSL certificates.

General Terms - These General Terms of Riven Cloud's Telecommunication Services. Agreement The agreement concluded between the Customer and Riven Cloud for the provision of Service.

AUP - Acceptable Use Policy. Available on the Riven Cloud Website at https://sa.net/tos/.

2. Concluding the Agreement

2.1 When a Customer subscribes to a Service, the Service Agreement terms will be submitted for review to the Customer; once the Customer confirms that they have reviewed the terms and wish to subscribe to the Service, the terms will be deemed to be accepted by the Customer. The Agreement will enter into force when the Riven Cloud Customer pays the first invoice issued to them.

2.2 Riven Cloud concludes Agreements in English. Regarding the application of Agreements, including dispute resolution.

2.3 Riven Cloud is entitled to refuse to conclude an Agreement if the other Party has violated Riven Cloud’s or third parties’ terms of service (e.g. a payment obligation) or best practices of Internet usage, or for other good reasons as determined by Riven Cloud.

2.4 The Customer has the right to withdraw from an Agreement concluded online within fourteen (14) calendar days of the date of concluding the Agreement, by terminating Service in the Customer Portal. If, during termination of Service, the Customer requests a refund of the fee for the unused portion of the Service (the sum paid minus a fee for the days when the Service was used), a refund will be made without delay, but no later than 30 days after Riven Cloud receives the notice of withdrawal from the Agreement.

2.4 Riven Cloud does not provide refund for domain name registration and transfer, Riven Cloud provides 30-day money-back guarantee for all SSL products.

3. Procedure of Service provision

3.1. The Start of Service is deemed to be the date when Riven Cloud makes the Service available for use.

4. Parties’ certifications at concluding the Agreement

4.1.1 The Parties certify to each other that:

4.1.2 They have passive and active legal capacity and no bankruptcy proceedings have been initiated or no bankruptcy caution has been filed against them. If a Party is a legal person, they certify that no dissolution resolution has been taken regarding them.

4.1.3 They have all necessary approvals and authorizations for concluding and performing the Agreement, and that concluding and performing the Agreement would not entail a violation of any obligation pursuant to a legal or administrative act, court judgment, or legal relationship on behalf of the Party, and that they possess all necessary means and skills for performing their obligations pursuant to the Agreement.

4.2 The Parties will notify the other Party of any changes to the circumstances certified in Section 4.1.

4.3 The Customer certifies that:

4.3.1 prior to concluding the Agreement, they have reviewed all terms of the Agreement (including the applicable general and special Terms of Service, General Terms, and Price List), have understood these, and are aware of all rights and obligations arising pursuant to the Agreement;

4.3.2 all information submitted by them to Riven Cloud at concluding the Agreement is accurate; they further acknowledge that other parties besides Riven Cloud may rely on its accuracy, and submitting inaccurate information may entail sanctions against them and/or Riven Cloud.

5. Riven Cloud’s rights and obligations

5.1. To ensure continuous Service availability to the Customer at all hours.

5.2. In case of an interruption of Service, availability due to circumstances not under the Customer’s control, to resolve such circumstances in Riven Cloud’s area of service at Riven Cloud’s expense within the term specified in this Agreement.

5.3. To inform the Customer at least 48 hours in advance of any circumstances preventing use of Service, including suspension of communication due to technical reasons.

5.4. Riven Cloud reserves the right to amend their prices and terms of Service by notifying the Customer in writing at least 30 calendar days in advance. 5.5. Riven Cloud reserves the right to amend the general terms of Agreement by publishing the latter on the Website and notifying the Customer in writing at least 30 calendar days in advance.

5.6. Riven Cloud is entitled to suspend or terminate the Service if the Customer violates the terms of this Agreement, e.g. if the Customer has not paid an invoice within 5 days after the due date specified on the invoice, by giving notice via e-mail at least 5 days in advance.

5.7. Riven Cloud is entitled to terminate provision of Service to the Customer with no advance notice if the Customer has violated the Acceptable Use Policy (AUP).

5.8. Riven Cloud aspires to keep their services up to date and competitive. Riven Cloud reserves the right to amend the principles of Service provision, including the technology and software applications used for Service provision, by giving advance notice to the Customer. Such amendments may be made due to changes in legislation, technological developments, and security issues.

6. Customer’s rights and obligations

6.1. The Customer is entitled to use the Service according to their wishes and needs, but only according to its intended use. The Customer undertakes to use the Services according to the AUP, the Agreements, the applicable legislation (including intellectual property legislation), the principle of good will, and best practices.

6.2. The Customer is obligated to:

6.2.1 pay for Services used based on invoices issued by Riven Cloud by the payment term specified on each invoice;

6.2.2 inform Riven Cloud of any network deficiencies, malfunctions and disturbances by calling +372 6026523 or sending an e-mail to noc@riven.ee;

6.2.3 not use the Service in a way that would interfere with the functioning of the communications network, technical systems, and servers;

6.2.4 update their contact information in the Customer Portal if this information changes.

6.3 The Customer will pay the monthly fee for periods when Service provision is limited or suspended pursuant to Sections 5.6, 5.7 and 6.2.3. The Customer undertakes to use the Services according to the technical parameters of the plan they have subscribed to; if the technical parameters are insufficient, the Customer shall subscribe to a sufficient Service / additional resource. If the technical parameters are determined to be insufficient (e.g. server resource usage by the Customer exceeds the agreed total volume), on the first occurrence Riven Cloud will request that the Customer bring their Service usage in line with the Agreement within one (1) week. If the Customer does not fulfill this request, additional fees for exceeding the resource limits specified in the Agreement will apply to the Customer, if such fees are listed in the Price List. On any following occurrences, Riven Cloud will apply the additional fees without giving a deadline for ceasing the violation.

7. Payment for Service

7.1 Riven Cloud will issue Service invoices to the Customer based on the billing cycle of the subscription. The invoice will be issued from the date the Service was activated in the Customer Portal, regardless of whether the Customer has actually used the Service.

7.2 The Customer undertakes to immediately inform Riven Cloud of non-receipt of Service invoice, and of any mistakes found on the invoice.

8. Term of the Agreement, and amendment and termination of the Agreement

8.1 Riven Cloud reserves the right to amend the terms of the Agreement unilaterally pursuant to changes in legislation or judicial practice, pursuant to an administrative authority’s control actions, or pursuant to other material circumstances regarding Service provision. Riven Cloud will publish amended terms on its Website no later than 30 days before they take effect. If the Customer does not agree to the amended terms, they may terminate the Agreement within 30 days and receive a refund for the unused period of Service.

8.2 The Customer is entitled to terminate the Agreement at any time by terminating the relevant Service(s) in the Customer Portal or sending a digitally signed application to legal@riven.ee.

8.3 If the Customer terminates the Agreement, they must pay for Services provided by Riven Cloud until the time Service provision is terminated. If the Customer terminates the Agreement before the end of a billing period, and the Service Agreement specifies a periodically billed fee, the Customer must pay the entire billing period fee without right for refund.

8.4 Riven Cloud may terminate the Agreement within 10 days if the other Party violates the Agreement repeatedly and Service has been restricted pursuant to Sections 5.6, 5.7 and 6.2.3 and the basis of the restriction is still present.

9. Liability of the Parties

9.1. Riven Cloud will not be liable for communication interruptions or technical problems if the requirements of Sections 5.6, 5.7, 6.2.2 and 6.2.3 have been violated.

9.2. Parties will not be liable for non-performance or malperformance of obligations arising from the Agreement due to force majeure.

9.3. Any unforeseeable circumstance which the Parties have no control over, including, but not limited to fire, explosion, natural disasters, war, etc., will be considered to be force majeure.

9.4. The occurrence of force majeure will not relieve the Parties of their obligation to minimize damages arising from force majeure, and the Parties will be obligated to resume performance of their obligations as soon as force majeure ends.

9.5. Riven Cloud may monitor the use of its services and may disclose information on the use of services for a number of reasons. For example, to comply with laws and regulations, to comply with legal or law enforcement requirements, to ensure proper service or to protect the rights of you or your Customers. Riven Cloud can provide law enforcement access to its facilities to monitor the use of the Services.

9.6. Riven Cloud does not guarantee that usage of the Service is trouble-free or without interruption.

9.7. Advice provided by Riven Cloud or its representatives can not be regarded as a guarantee.

9.8. Riven Cloud will be liable for any direct proprietary damage caused to the Customer by violation of its obligations under the Agreements. Responsibility is based on intent or gross negligence. Riven Cloud’s maximum liability will not exceed one (1) month’s fee for the relevant Service.

9.9. Riven Cloud is not liable for claims or damages resulting from inadequate measures and practices of the Customer; Internet-based attacks and network traffic interception.

9.10. Any disputes regarding the performance, amendment or termination of the Agreement will be resolved between the Parties. If an agreement cannot be reached, the dispute will be resolved in Harju County Court.

9.11. The Customer is obligated to pay all expenses associated with debt recovery, including the cost of issuing reminders, legal costs, and debt collection service fees.

10. Confidentiality

10.1. Information submitted by the Customer will be considered to be confidential, and Riven Cloud undertakes to not disclose it to third persons without prior written authorization from the other Party, excluding circumstances set forth in the legislation of the Republic of Estonia.

10.2 Riven Cloud may submit and disclose the Customer’s information to credit rating agencies and debt collection agencies if the Customer has outstanding debt.

10.3 The confidentiality obligation will remain in effect indefinitely after termination of the Agreement.

10.4 Riven Cloud’s employees are obligated to maintain the confidentiality of confidential information learned in the course of their duties even after the processing of such information is completed and after their employment ends.

Additional Terms

Services provided by partner or vendor of Riven Cloud requires additional terms and policies.

RIPE - RIPE Legal Information

APNIC - APNIC Policies

ARIN - ARIN Policies

AFRINIC - AFRINIC Policies

Stripe - Stripe Services Agreement — Estonia

Stripe Alipay - Alipay Terms of Service

Paypal - Paypal User Agreement

CoinPayments - Terms of Service | Terms of Use

This page was last edited on November 9, 2020.

Purpose and introduction of the AUP

This document sets forth the principles, guidelines and requirements for acceptable use of AS Riven Cloud Services by the Customer. The Purpose of Riven Cloud's Acceptable Use Policy (hereinafter referred to as the AUP) is to comply with all Estonian Republic laws, ensure network security and availability, maintain Customer privacy, and regulate other factors affecting the provision of Services.

Riven Cloud reserves the right to impose a list of rules and restrictions regulating use of Services by Customers. The latest version of this list is always available at the Riven Cloud Website: https://sa.net/tos/.

The AUP is neither an exhaustive, nor an all-inclusive list. Riven Cloud reserves the right to amend the AUP at any time should the need arise. Amendments take effect once the amended AUP is uploaded on the Website at https://sa.net/tos/ or when the relevant notification is sent to Customers via e-mail.

Any violation of the AUP may result in the suspension or termination of Services provided to the Customer, or in other actions that Riven Cloud deems appropriate.

No credits will be issued for Service suspensions or terminations resulting from AUP violations.

The following activities are expressly prohibited:

1. Spam / e-mail marketing

Riven Cloud has a zero tolerance policy towards spam, junk mail, and unsolicited commercial e-mail. The latter is defined as follows: sending the same, or substantially similar, unsolicited electronic mail messages, to more than one recipient.

A message is considered unsolicited if it is sent to a recipient who has not requested or otherwise asked to be sent the message, or is posted in violation of a forum or newsgroup charter, except if the recipient is a legal person’s general e-mail address associated with that legal person’s domain. It is absolutely forbidden to send messages to addresses registered with paid service providers (gmail, Hotmail, etc.), even if the e-mail address is registered as an official e-mail address in the commercial register.

This prohibition also applies to deceptive e-mail headers and incorrect contact information.

It is furthermore forbidden to conduct unsolicited mass e-mailing with other service providers in a way, which would leave the impression that Riven Cloud is associated with such activity, regardless of whether the message originated from our network.

Unblocking. If the Customer’s actions result in the blacklisting of Riven Cloud’s e-mail servers or Riven Cloud’s IP ranges, or otherwise in their registering with another e-mail filtering software used by companies online, a one-time 50 € + 50 € hourly charge will be added to the Customer’s invoice for the time our administrators spend removing our e-mail servers and IP ranges from blacklists and defending them.

Mass e-mailing. Unsolicited mass e-mailing is considered to be spamming. Unsolicited e-mail is defined as e-mail sent to natural persons who have not expressly opted in to mailings from the Riven Cloud Customer. Mass e-mailers must maintain complete and accurate records of all natural persons who have opted into receiving e-mails from them. All records of each natural person opting in to mailing need to be recorded (including all relevant e-mail messages and their headers) and presented to Riven Cloud at Riven Cloud’s request.

If the Customer is unable to present verifiable evidence, the recipient’s complaint will be considered proof that they have not opted in to the mailing and, therefore, it was unsolicited.

Mailing lists and newsletters. The mass mailing restrictions also apply to mailing lists and newsletters. Mailing list and newsletter postings are only permitted if they are targeted at a specific group, who have expressly opted into receiving them or have made their e-mail address available to the Customer expressly for the purpose of sharing information. The mailing list or newsletter must enable automated unsubscription, after which it must be guaranteed that no more e-mails are sent to that e-mail address.

2. Hacking and abuse of security flaws

3. Unauthorized accessing of any server or system, including accessing or scanning others’ Riven Cloud accounts.

4. Dissemination of deliberately offensive material, including any message or information that is or may be threatening, libelous, obscene or abusive.

5. Child pornography or any other activity potentially harmful to minors. The use of Riven Cloud Services for storing, posting, displaying, transmitting, advertising or otherwise making available child pornography is prohibited. Riven Cloud AS will immediately notify the police if it becomes aware of the presence of child pornography on, or being transmitted through its network.

6. Fraud

7. Violation of privacy

8. Infringement of intellectual property, including copyright, trademark and patent infringements and the hosting, use, and distribution of pirated software.

9. Use of third party software without proper license or permission.

10. Network attacks or any attempts to interfere with services or servers on another network.

11. Dissemination of viruses, malware or other malicious code.

12. Any illegal activity like fraud, phishing, spamming, flooding or scanning within our network. Including but not limited to access to other computers, networks, devices, accounts without authorization, transmission, ditribution or storage information, data or material that in violation of laws and regulations of Estonia and your country, in violation of copyright, trademark, trade secret, or other intellectual property rights. Such activities are strictly prohibited and may result in immediate service suspension or termination without refund.

13. Use of Internet Relay Chat (IRC). IRC servers that connect to global IRC networks will be considered to be in violation of the AUP.

14. If a Customer’s Service attracts DoS or DDoS attacks, which disrupt or deny service to other Customers, Riven Cloud will terminate that Client’s Service to maintain the quality of service for other Customers on the Riven Cloud network.

Adult content:

Riven Cloud does not allow ANY adult related content to be hosted on its servers.

Proxies and VPN:

Public Tor / Open Proxy / Anonymous Proxy of any kind is strictly prohibited as such service often lead to illegal activities.

Resellers:

Service resellers are liable for their customers’ conduct. By agreeing to this AUP, the resellers also agree to ensure that their customers follow the AUP. Resellers must notify their customers of the terms of the AUP and of the consequences of violating these terms.

Investigations, suspensions, and security

Riven Cloud reserves the right to suspend or terminate service and/or remove content in order to investigate potential violations of the terms of this AUP.

Riven Cloud reserves the right to suspend Service provision to a Customer if there is reasonable suspicion that the Service is targeted by an attack or otherwise disrupts Service for other Customers, even if the Customer is not at fault.

Riven Cloud will not make refunds for service suspensions associated with violations of the AUP by the Customer.

The Customer is liable for the use of their Service, even if such use was conducted by unauthorized persons or hackers.

The Customer is responsible for maintaining the security of their data and user accounts (including updating software and making and storing backups).

Reporting of AUP violations

Riven Cloud requests anyone with any information regarding AUP violations to report it immediately by sending an e-mail to abuse@riven.ee.

If you detect infringement of your intellectual property, e.g. a copyright, trademark or patent, you should contact the infringing party and request that they remove the content immediately. If the infringing party refuses to cease infringement or does not reply to your request within a reasonable term, you should notify Riven Cloud at abuse@riven.ee. Be sure to add to the reporting e-mail information regarding your previous attempts to contact the infringing party, and any results thereof.

Furthermore, please add information regarding infringing materials hosted on our servers (Name of material and its domain or IP address). Furthermore, append official proof that you are the owner of the intellectual property.

All intellectual property reports that do not comply with the above requirements will be ignored by Riven Cloud.

This page was last edited on November 9, 2020.