Terms of service

1 ACCEPTANCE OF TERMS OF SERVICE
1. By placing a check mark for acceptance hereof, the Subscriber agrees to comply with the following Terms of Service. Acceptance of the Terms is a condition for using the services of BOTMAIN LLC The word “services” means the network, hardware, software and technical assistance of BOTMAIN LLC The Subscriber agrees to abide by all conditions specified in these Terms. The Terms constitute an agreement between BOTMAIN LLC and the Subscriber and take effect upon the Subscriber's acceptance hereof.

2. The Subscriber represents and warrants, if an individual, that the Subscriber is at least 18 years old, possesses legal competence to manage his/her financial affairs and is otherwise fully legally competent, or, if a company or a legal person, that the Subscriber possesses all legal authority and power to undertake the commitments specified by these Terms. In addition, the Subscriber represents and warrants that all information provided by the Subscriber to BOTMAIN LLC is accurate, complete and current upon renewal and registration of services. The Subscriber represents and warrants that the Subscriber will inform BOTMAIN LLC of any changes to such information so as to ensure that BOTMAIN LLC always has accurate, complete and current information. Legal guardians may enter into an agreement with BOTMAIN LLC on behalf of minors or persons who do not possess legal competence to manage their financial affairs, in which case the legal guardians must have consented to the use of the services of BOTMAIN LLC by the minor or person without financial legal competence. The legal guardian assumes all obligations and liability resulting from the service agreement applicable in each case and from these Terms of Service.

3. Subscribers may view the current version of these Terms at any given time at https://www.botmain.org/terms-of-service . Any use of the services of BOTMAIN LLC after amendments, additions or deletions to these Terms in their entirety or in part shall constitute the Subscriber's acceptance of all such amendments, additions or deletions. If a Subscriber does not agree to such amendments, additions or deletions to these Terms, the Subscriber's remedy is to cancel the subscription as set forth in Section 3 hereof.

2. TERM – PAYMENT – RENEWAL OF SERVICE AGREEMENT
1. The contractual relationship between BOTMAIN LLC and the Subscriber commences upon the Subscriber's acceptance of these Terms and terminates as set forth in Articles 2.04 and 3.01 of these Terms.

2. The Subscriber agrees to pay all applicable service fees as specified in the price list or in accordance with special offers in effect at the time of registration or renewal of the service agreement.

3. If the Subscriber is not an individual but a company, organisation or legal person, the person entering into or renewing the service agreement on behalf of the Subscriber certifies that he/she has the authority and permission to bind the Subscriber in the manner specified by these Terms.

3. CANCELLATION OF SERVICE AGREEMENT – REFUND POLICY
1. BOTMAIN LLC provides a 7 day money-back guarantee for dedicated servers. This means that if a cancellation of a service request is received by BOTMAIN LLC via the e-mail address [email protected] within the aforementioned time frames, BOTMAIN LLC will refund to the Subscriber the service fees paid by the Subscriber or cancel the invoice, if such an invoice has been issued. 

2. The Subscriber may cancel the hosting subscription at any time during the term of the agreement after the time frames for money-back guarantees specified in Article 3.01. 

3. The Subscriber shall give notice of the cancellation by sending an e-mail to [email protected] and the cancellation must originate from the contact email address of the customer of which the customer has previously informed BOTMAIN LLC.

4. In the case of erasure of user data in accordance with GDPR, all Personal Data are erased irrevocably within 30 days after the termination of services.  After that, no refund can be made.

4. INTELLECTUAL PROPERTY AND TRADE SECRETS
These Terms do not confer on the Subscriber any rights in the intellectual property of BOTMAIN LLC relating to the technology, logos or trademarks of BOTMAIN LLC BOTMAIN LLC and the Subscriber hereby undertake that neither will in any way, directly or indirectly, seek to obtain source codes, trade secrets or other proprietary information from the other party.

5. SECURITY AND OWNERSHIP
1. The Subscriber is exclusively responsible for the preservation of all authentication data provided by BOTMAIN LLC to the Subscriber, e.g. passwords, user names, etc. The Subscriber is also responsible for all consequences of their use. The Subscriber undertakes to notify BOTMAIN LLC immediately of any suspicion of authentication data being acquired by an unauthorised party, any threat to the confidentiality of authentication data and any suspicion of unauthorised access of the services and systems of BOTMAIN LLC BOTMAIN LLC shall not be liable for any damage or loss resulting from the use of authentication data provided to the Subscriber.

2. When a service agreement is concluded between the Subscriber and BOTMAIN LLC, the following information from the Subscriber will be recorded: (1) the Subscriber's name; (2) the Subscriber's active e-mail address; (3) any user name selected by the Subscriber and (4) payment details, i.e. address, means of payment, etc., in accordance with the laws on the handling of such information and (5) PIN number selected by customer

3. If access information is requested, BOTMAIN LLC will not have to disclose such information, unless the party requesting it submits the following details: (a) the Subscriber's name; (b) the Subscriber's e-mail address as recorded on BOTMAIN LLC’s files; (c) the Subscriber's user name; (d) the Subscriber's payment details and (e) the subscribers PIN number. In addition, BOTMAIN LLC will provide access information when served with a valid court order for such information provision.

4. The Subscriber accepts the above policy and procedure regarding the handling of access information and releases BOTMAIN LLC from all liability for damages that may arise out of BOTMAIN LLC following the said policy and procedure.

6. PERSONAL DATA – INFORMATION AND PERSONAL DATA PROTECTION
1. BOTMAIN LLC promises to protect information, including personal data regarding the Subscriber, through the means that are available within reasonable cost limits.

2. When a subscription order is submitted, personal data transmission over the internet is encrypted.

3. BOTMAIN LLC promises not to divulge information about the Subscriber to any third party, unless required to do so by law, a court order or in cases where a third party must be employed to investigate possible infringements of these Terms or other agreements between BOTMAIN LLC and the Subscriber. BOTMAIN LLC will not provide any third party with information for use in the marketing of goods or services.

7. PROHIBITED USE OF HOSTING SERVICES
1. Unsolicited commercial e-mailing is prohibited on BOTMAIN LLC’s servers and will result in immediate termination of all services to the Subscriber. This applies to all mass mails to mailing lists or comparable groups where the recipients have not, in the opinion of BOTMAIN LLC, given their consent for the mailings, or where it is impossible or difficult, in the opinion of BOTMAIN LLC, for the recipients to opt out of the lists.

2. Offering, selling or showing, or providing links to other websites offering, selling or showing the following is prohibited: (a) habit-forming or narcotic substances or related services; (b) weapons; (c) copyrighted materials that the Subscriber is not entitled to offer or sell; (d) information used to violate the copyrights or trademarks of others; (e) information used to manufacture, make or provide illegal goods or weapons; (f) pornography or sexual products; (g) file sharing; (h) pharmaceuticals; (i) any materials or information that are, in the opinion of BOTMAIN LLC, illegal, harmful or ethically objectionable.

3. Cryptomining is not permitted on any BOTMAIN LLC services.

4. BOTMAIN LLC reserves the full and unconditional right to decide whether to terminate services to the Subscriber, with or without notice, if BOTMAIN LLC considers the materials stored by the Subscriber to be illegal, unethical or harmful. The same applies if a customer directs any threats of any kind of retaliation to BOTMAIN LLC or BOTMAIN LLC employees. BOTMAIN LLC has sole discretion in such matters. The Subscriber waives all liability claims against BOTMAIN LLC regarding possible loss to the Subscriber resulting from a decision made on these grounds.

8. WARRANTY DISCLAIMER
1. The Subscriber understands and acknowledges that the service that BOTMAIN LLC promises to provide is provided to the best of the ability of BOTMAIN LLC’s staff at any given time, without any warranty from BOTMAIN LLC regarding quality, reliability, speed, freedom from error or functionality. The Subscriber agrees to this policy and waives all liability claims against BOTMAIN LLC that may arise from errors, faults, lack of access, data loss, reduced speed or lack of functionality of the services provided by BOTMAIN LLC This applies regardless of the culpability of the staff of BOTMAIN LLC

9. LEGAL VENUE AND APPLICABLE LAW
1. These Terms are governed by Icelandic law. Disputes arising from these Terms shall be brought before the Stara Zagora District Court.
There Terms of Services were last updated on July 27st, 2024