Subject of the Agreement
The subject of this agreement as described briefly below, is the provisions relating to dedicated servers , virtual private servers and cloud servers service, and the protection of the mutual rights.
Dedicated Server : These are dedicated servers which are installed in accordance with the users demands and preferences and prepared specially for that user after users ordering. Since these services are prepared by the order of user, they are non-refundable
VPS, Cloud (Virtual Private Server, Cloud Server) : These are virtual servers which are installed in accordance with the users demands and preferences and prepared specially for that user after users ordering. Since these services are prepared by the order of user, they are non-refundable
Prohibited Persons (Countries, Entities, And Individuals).
The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not use the Services to export or reexport, or permit the export or reexport, of software or technical data in violation of U.S. Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, RackDedicated also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.
US Treasury Embargo Restrictions
In accordance with the sanctions programs administered by the U.S. Department of the Treasury, RackDedicated is prohibited from doing business with anyone from certain countries, including Cuba, Iran, North Korea, Sudan and Syria, or with Specially Designated Nationals (SDNs). In the event that you are in one of the aforementioned countries, or if you are an SDN, you will not be able to sign up for our services.
Note: If you are a reseller, you are prohibited from providing services to clients located in the following countries as well as any persons listed on the SDN list, regardless of what country you currently reside in.
PENALTIES: Criminal penalties for violating the sanctions range up to 10 years in prison, $1,000,000 in corporate fines, and $250,000 in individual fines. Civil penalties up to $65,000 per violation may also be imposed.
Iran (a.k.a. Persia)
PENALTIES: Criminal penalties for violations of the Iranian Transactions Regulations may result in a fine up to $1,000,000, and natural persons may be imprisoned for up to 20 years. Civil penalties, which are not to exceed the greater of $250,000 or an amount that is twice the amount of the transaction that is the basis of the violation with respect to which the penalty is imposed may also be imposed administratively.
PENALTIES: Criminal fines for violating the Executive Orders range, upon conviction, up to $1,000,000; individuals may also face imprisonment up to 20 years. In addition, civil penalties of up to $250,000 or twice the amount of the underlying transaction may be imposed administratively for each violation.
PENALTIES: Criminal penalties for violating the sanctions range up to 10 years in prison, $500,000 in corporate fines and $250,000 in individual fines. In addition, civil penalties of up to $11,000 per violation may be imposed administratively.
Ukraine: Crimean Region
Note: Details regarding the full penalties of the Ukrainian restrictions are not yet available and this article will be updated as soon as possible once this information is released.