These general terms and conditions of sale and use govern the framework within which Onpowered provides the client with the service to which the client has subscribed. These general terms and conditions of sale and use are governed by Belgian law. These general terms and conditions of sale and use may be supplemented by specific conditions. The general terms of use must be accepted by any User wishing to access the site. They constitute the contract between the site and the User. Access to the site by the User signifies acceptance of these general terms of use. Possibly:
This clause aims to define the various essential terms of the contract:
The trademarks, logos, signs, and any other content of the site are subject to protection under the Intellectual Property Code and more specifically under copyright law. The User requests prior authorization from the site for any reproduction, publication, or copying of the various contents. The User agrees to use the site's contents strictly for private purposes. Use of the contents for commercial purposes is strictly prohibited. Any content uploaded by the User is solely their responsibility. The User agrees not to upload content that may harm the interests of third parties. Any legal action initiated by an injured third party against the site will be borne by the User. The User's content may be deleted or modified by the site at any time and for any reason. The User receives no justification or notification prior to the deletion or modification of the User Content.
The information requested during registration on the site is necessary and mandatory for the creation of the User's account. In particular, the email address may be used by the site for administration, management, and service animation. The site ensures the User the collection and processing of personal information in respect of privacy in accordance with the Belgian law of July 30, 2018, on data protection, files, and freedoms. Under the law, the User has the right to access, rectify, delete, and oppose their personal data. The User exercises this right via:
The sources of information disseminated on the site are deemed reliable. However, the site reserves the right to disclaim the reliability of the sources. The information provided on the site is for informational purposes only. Thus, the User alone assumes full responsibility for the use of the information and content of this site. The User ensures to keep their password secret. Any disclosure of the password, in any form, is prohibited. The User assumes the risks related to the use of their username and password. The site declines all responsibility. Any use of the service by the User that directly or indirectly results in damages must be compensated in favor of the site. Optimal security and confidentiality of transmitted data are not guaranteed by the site. However, the site commits to implementing all necessary means to best ensure the security and confidentiality of the data. The site's responsibility cannot be engaged in the event of force majeure or the unforeseeable and insurmountable fault of a third party.
Transmitting files containing a virus or altered data over the network. Musical or video files not free of rights encoded in MP3, DIVX, or other formats. Onpowered provides services that can be shared among multiple users. Therefore, a client must make reasonable use of their service, meaning not creating excessive consumption that could harm other users as well as the hardware or network infrastructure. This is why Peer to Peer file-sharing services (examples: eMule, Torrent, etc.), cryptocurrency mining, or any other processes aimed at offloading significant computing power are strictly prohibited. It is the user's responsibility to possess the licenses for the software and operating systems they use; Onpowered does not provide any licenses. Performing actions solely aimed at making our services unstable or for harmful purposes. Any abusive or illegal use of the service concerning Belgian legislation will result in the definitive deletion of the service as well as a complaint regarding the recorded internet Protocol addresses (IP) during navigation on our site and your product's console. The client agrees not to engage in hacking or intrusion activities (attempted or not) from their server (examples: Denial of Service attacks, spoofing, scanning, flooding, spamming, phishing, DDoS). Hosting content that infringes copyright will result in the definitive deletion of services and a report to the rights holders. In case of illegal use of our network as anonymous transfer services (Proxy VPN), the client is fully responsible. Similarly, in case of service sharing, the account holder to which the service is linked remains solely responsible for the said service. In the event of legal action against Onpowered due to the client's illegal use, you must pay the costs incurred to defend us and those arising from this procedure. Any suspension or deletion of a service following fraudulent use does not entitle to any refund. In this situation, Onpowered may claim damages. A penalty may be added in case of late payments as provided by applicable law. In the event of a judicial requisition, Onpowered commits to cooperating with public authorities. The sources of information disseminated on the Onpowered.cloud site are deemed reliable, but the site does not guarantee that it is free of defects, errors, or omissions. The information provided is presented for indicative and general purposes without contractual value. Despite regular updates, the Onpowered.cloud site cannot be held responsible for changes in administrative and legal provisions occurring after publication. Similarly, the site cannot be held responsible for the use and interpretation of the information contained on this site. The User ensures to keep their password secret. Any disclosure of the password, in any form, is prohibited. They assume the risks related to the use of their username and password. The site declines all responsibility. The Onpowered.cloud site cannot be held responsible for any viruses that may infect the user's computer or any IT equipment due to use, access, or downloads from this site. The site's responsibility cannot be engaged in the event of force majeure or the unforeseeable and insurmountable fault of a third party. The Client is a user of the server rented from Onpowered. They have the possibility to install maps and plugins on the server themselves via their FTP access or through their administration panel. These installations are done under their sole responsibility, and Onpowered cannot be held responsible for any server malfunction resulting from these installations. OnPowered reserves the right to suspend or delete a service without prior notice; a data backup will be available to the client if they are not considered illegal.
The use of CPU resources in our Cloud services is governed by strict rules to ensure an optimal user experience for all our clients. Therefore, by using our services, the user agrees not to perform actions that could cause a constant CPU overload. Specifically, it is strictly forbidden to emulate a graphics card, run neural networks, or other forms of artificial intelligence on our servers, which are known for their intensive use of CPU resources. Such practices can harm the proper functioning of our services and negatively affect the experience of other users. In case of non-compliance with these conditions, we reserve the right to suspend or terminate the concerned user's service in accordance with the conditions outlined in our termination policy. Adherence to these terms of use is essential to maintain the efficiency of our Cloud services for all our clients.
The User agrees not to use the resources of our services abusively or inappropriately. Abusive or inappropriate use includes, but is not limited to, using resources at 100% of their capacity with the intent to harm the host, disrupt services, deliberately overload the system, or reduce the performance of services offered to other users. The User acknowledges that continuous and excessive use of CPU, memory, disk space, or bandwidth resources with the intent to harm the host or disrupt other users' experience is considered a violation of these General Terms and Conditions of Sale and Use. In the event of a breach of this clause, the host reserves the right to take all necessary measures to prevent or remedy the abuse, including, but not limited to, suspending, limiting, or terminating the offending User's service without notice or compensation. This may also include legal measures if circumstances warrant.
The use of bandwidth within our services is regulated to ensure optimal quality of service for all our users. The user agrees not to abuse bandwidth usage. To define what is considered abusive use, we have established a usage limit based on the user's plan. According to this rule, the user is allowed to use, on average, up to 1/25th of their bandwidth. For example, a user with a 1 Gbps plan is entitled to an average use of 12.6 TB of bandwidth per month, while a user with a 100 Mbps plan is entitled to an average use of 1.26 TB per month. This limit is calculated using the following formula: Displayed Bandwidth / 25 * 60 * 60 * 24 * 30 / 8. We understand that there may be natural fluctuations in bandwidth usage. Therefore, minor exceedances will not be penalized. However, if an exceedance of this limit is detected and deemed abusive, we reserve the right to take necessary measures to restore service fairness, including, but not limited to, limiting bandwidth, suspending, or terminating the concerned user's service. In case of suspension or termination due to abuse, it should be noted that no refund, total or partial, will be granted for the remaining subscription period. It is the user's responsibility to manage their bandwidth usage in compliance with these conditions.
Numerous outbound hyperlinks are present on the site; however, the web pages these links lead to do not in any way engage Onpowered's responsibility, which has no control over these links. Therefore, the User agrees not to hold the site responsible for the content and resources related to these outbound hyperlinks.
The site reserves the right to modify the clauses stipulated in this contract at any time.
The duration of this contract is indefinite. The contract takes effect with respect to the User from the date of service usage.
A person holds an account with Onpowered when they have correctly filled out the Account registration form and have read and approved these general terms and conditions of sale and use. The client agrees to provide accurate identity and contact information. Following the creation of the Client's Account, they receive an email acknowledging the opening of their account containing the necessary information to log in to their account.
Onpowered strives as much as possible to maintain all its services 7 days a week and 24 hours a day, but is not obliged to do so. Onpowered may therefore interrupt access, particularly for maintenance and upgrades, or for any other reasons, including technical ones. Onpowered is in no way responsible for these interruptions and the consequences that may result for the client or any third party.
Ensure server access 24/7 every day of the year. In case of absolute necessity, Onpowered reserves the right to interrupt the server to carry out technical interventions to improve its functioning or for any maintenance operations. Onpowered commits to providing all necessary care and diligence to deliver a quality service in accordance with professional standards and the state of the art.
The language of this contract is French. These terms of sale are subject to Belgian law. In case of an abusive dispute via PayPal or Stripe that is not in accordance with the Belgian Consumer Code, our collection service will send you a registered letter by postal mail, with the document fees amounting to ten euros (€10). By derogation of Belgian law and considering the nature of the service (intangible service delivered without delay), the client no longer has the right of withdrawal from the date and time of service provision. However, the client has a 14-day withdrawal right if the ordered service has not yet been delivered while their payment is effective. In this case, they will contact the provider providing all necessary details (user account, payment number, etc.). The provider will proceed with the refund within a maximum of 30 days.
Regarding backups, we guarantee monthly backups of OnPowered's sensitive services. If you encounter a problem, you are responsible for the lost data; OnPowered will not perform recovery operations.
Onpowered commits not to access the hard drives of servers related to its clients, except in cases of maintenance, technical necessity, at the client's request, or due to violations of the terms of use. Onpowered and the client agree not to publish the content of private messages, written or voice, on all used platforms (Twitter, Facebook, Discord, Website).