Terms and Conditions

DNINJA . is online digital agency. By using the DNINJA website ("DNINJA", "our", "us", or "we"), products and services, you ("Customer", "you", "your") agree to accept and comply with all our policies. DNINJA LTD. reserves the right to terminate any service provided with or without a refund and with or without a notice. DNINJA also reserves the right to change the Terms of Service along with all the policies listed on the website (dninja.com) at any time without customer notification. It is the customer's job to periodically check the recent Terms of Service and the other DNINJA policies. If the customer does not agree with the new terms of service modifications, his service will be terminated immediately.

NO WARRANTY OR LIABILITY
You expressly agree that your use of the DNINJA services is at your sole and exclusive risk. DNINJA offers absolutely no warranties of any kind, whether express or implied. No advice or information obtained from DNINJA or through DNINJA service shall create any warranty. The customer is solely responsible for any data stored on DNINJA servers and for ensuring he has adequate backups outside of the DNINJA infrastructure. DNINJAshall offer no warranty or compensation for any data loss including but not limited to software failure, hardware failure or staff error.

DNINJA offers absolutely no liability or compensation to third parties in case it's services are used to inflict damages to third parties by the customer. The customer is the only one liable for any such damages. In no event shall we, nor our directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or e quitable theory with respect to the services for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever.

SUPPORT
DNINJA services are sold as unmanaged. They are designed for advanced linux administrators or experienced webmasters.

The customer is responsible for managing his VPS. DNINJA staff is available for support only in case of Network issues, Server hardware or OS templates.

The DNINJA staff will not offer any kind of support for installing, configuring or debugging applications or operating systems.

PAYMENTS
We generate the proforma invoices 10 days before the payment is due. The service is terminated automatically if it has not been paid before the due date and DNINJA will not be responsible for any data loss that occurs due to termination.

If a subscription has been created for paying the service, the customer is responsible for cancelling the subscription (ex: Paypal) if he wants to terminate his DNINJA services.

INVOICING
The services are billed based on their billing term which can be of a minimum 1/3/6/12 months.

It is the customer's duty to cancel the service before a new billing period begins in case he desires to terminate the service. After the service has entered into the new billing period, the customer is liable to pay for the entire new billing period even if the service has been suspended/terminated due to the non-payment.

If the service has been terminated due to non-payment and DNINJA was able to restore it from the backups upon the customer's request, the customer will be charged an extra fee of 25 EUR beside the cost of the service. The termination does not end the customer's liability to pay for the period between the termination and the restore.

There are no prorated refunds in case the customer decides to terminate the service earlier than his paid period.

FRAUD PROTECTION
All orders placed through our billing portal are passed through an automatic fraud check system. Although our VPSs are typically set up instantly upon receipt of payment, we manually review each fraud score before accepting the order. If our fraud check system scores your order as dangerous, we may require submission of a government issued ID to allow continued use of our services. Failure to comply in a timely manner will result in termination.
The customer shall create a single account on the DNINJA website. Multiple accounts are strictly prohibited!
The use of fake or disposable emails is strictly prohibited and shall result in immediate account termination without any refunds.
The customer billing details must be real and verifiable by legal documents on request. The failure to provide verification documents confirming your billing details shall lead to immediate account termination without any kind of refunds.
Any chargeback or dispute of the transaction done via our payment processors shall be considered a fraud attempt and will lead to immediate account termination and the termination of all active services without any refunds.

CONFIDENTIALITY
The customer shall keep confidential any information to which he is given access and shall cooperate with DNINJA efforts to maintain the confidentiality thereof. The customer shall not publish or distribute any information or documentation that DNINJA provides including but not limited to support tickets, emails or phone calls.

DATA PROCESSING
Under the General Data Protection Regulation, DNINJA acts as a data processor and will process the data in a way that meets the technical and organizational requirements of the GDPR.

The data will be processed on equipment owned by DNINJA LTD or leased from sub-contractors, in datacenters with high security standards, ensuring adequate protections for the processed data.

The customer agrees to follow entirely the GDPR in relation to his processing of personal data belonging to EU customers and undertakes the sole responsibility and liability for ensuring the data is processed correctly under the GDPR.

ACCEPTABLE USE POLICY
The provisions of the Acceptable Use Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation or accepted norms of the Internet community, whether or not expressly mentioned in this policy, are prohibited. We will be the sole and final arbiter as to what constitutes a violation of our policies. Our products and services may be used only for lawful purposes. Transmission of, distribution of, storage of, or linking to any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property rights used without proper authorization, and material that is defamatory, constitutes an illegal threat, violates export control laws, or is otherwise prohibited by Cypriot law.
The prohibited activities include, without limitation, the following:

SPAM - Any kind of mass-emailing from our services is prohibited. Sending more than 100 emails per day shall be considered SPAM. RBL listing or abuse message recepit shall lead to immediate termination.
Hosting webpages advertised within "spam emails"
Hosting web pages or providing messages that support SPAM
Any kind of pornography
Torrents
TOR Exit Nodes
Cryptocurrency mining
IP Spoofing
Fake/Replica product websites
HYIP or ICO Websites
Stress-testing websites
HitLeap or any kind of artificial traffic creation
Hosting viruses, worms, trojans or key loggers
Botnet controllers and any kind of remote administration software
Port scanning
Vulnerability scanning
Brute forcing
Floods or any other methods meant to cause denial of service
The use of exploits
Deceptive Marketing
Pharmacies
Offering financial services without the proper licensing
Hosting copyrighted materials of any kind without proper authorization.
Hosting phishing website
Hosting websites where illegal activities are discussed. Ex: hacking, carding forums
GRE Tunnels
Open DNS Resolvers and any applications vulnerable to ddos amplification attacks.
The use of any application meant to create disruptions to DNINJA or other DNINJA customers.

No new services shall be provided to accounts which have had services suspended for breaking our Acceptable Use Policy or accounts which have been accessed from the same IPs as accounts which have breached the terms of service. Any funds available in the account or deposited in the future shall be forfeit.

RESTRICTIONS
Outgoing SMTP connections are, by default, blocked on all services unless they have a valid rDNS set.

For the VPS One package, the outgoing SMTP connections are blocked regardless of the rDNS.

RESOURCE USAGE
The customer agrees not to expect 100% CPU performance on his VPS if it is used at maximum performance for an extended period of time. The average CPU usage should not go above 50% in the timespan of a day.

The allocated uplink is 1Gbps shared for all our services. The guaranteed speed is 100mbps. The bandwidth can be restricted without notice if it's found to be abused.

In order for the permanent speed limitation due to over-usage to be removed, the bandwidth over-usage shall will be charged at 0.01 EUR per Gigabyte.

The disk write should be reasonable and the total disk write should not exceed the allocated monthly bandwidth. Customers abusing the I/O will be restricted.

DDOS PROTECTION
DNINJA attempts to protect it's customers against small layer 3 and 4 ddos attacks. If the attacks are bigger than our protection capacity in the specific location or it's causing issues to other customers, we reserve the right to null-route the associated IP address until the attack is over.

AFFILIATE PROGRAM
The payout for the referred customers is 15% from all their transactions during the first 12 months.

The commissions are paid 90 days after the referred customer has made the transaction.

The minimum withdrawal is 10 EUR for account balance withdrawal and 100 EUR for PayPal withdrawal.

An extra 30% are given as bonus if the customer decides to withdraw the affiliate commission to the DNINJA account balance.

PayPal withdrawals are sent to the exact e-mail address associated with the DNINJA account.

Withdrawals to balance are final. The funds cannot be restored to your affiliate account nor will they be sent via any other method.

Multiple accounts are forbidden and lead to the forfeiture of all the affiliate commissions. If the same login IP is ever used on both the affiliate and referred customer, the commission shall be forfeit and the customer banned from the affiliate program.

If the affiliate has services suspended for breaking these terms of service / abuse, all the commissions in the account are forfeit.

If the referred customer has services suspended for breaking these terms of service / abuse, the commission related to this referred customer will be forfeit.

The transaction fees and the VAT do not count towards the affiliate commission.

The commissions not withdrawn after 16 months since the referred customer has registered will be considered expired and forfeit.

We reserve the right to modify or terminate the affiliate program at any time.