Terms of service

These Terms of Service (hereinafter, referred to as the "Terms") is a legal agreement between you (either an individual or a single entity) and sdbx.moe (hereinafter, referred to as "sdbx.moe", "we", "our", "us") for the services provided through the website https://sdbx.moe (hereinafter, referred to as the "Services") (hereinafter, you and sdbx.moe are sometimes collectively referred to as the "Parties" and each individually a "Party").

By using or purchasing the Services, you agree to be bound by these Terms.

The most current version of these Terms can be accessed at Terms of Service.

  1. Services
    1. The Services allow the users to host digital files by using a remote server hosted in a high-bandwidth datacenter.
    2. The Services shall be used for lawful purposes only. You are not allowed to use the Services for
      1. sending any spam and other unsolicited advertisements;
      2. uploading, downloading or viewing any unlawful content, including, but not limited to: pornographic, obscene, offensive, or defamatory content;
      3. any purpose that may be abusive, offensive, obscene, indecent, menacing, defamatory or which might cause annoyance, harm, inconvenience to other users of the Website.
    3. You are not allowed to use the Services if, in the country in which you will be using the Services, you:
      1. are under the age required to enter into this agreement;
      2. are under the age barred from receiving the Services; or
      3. you are under the age of 18.
    4. Technical steps to purchase the Services. If you would like to purchase the Services, you need to perform the following steps:
      1. visit the website https://sdbx.moe (hereinafter, referred to as the "Website");
      2. create an account on the Website;
      3. choose a subscription plan;
      4. choose a billing cycle;
      5. pay for the plan.
    5. When you make the required payment, we will send you a confirmatory email informing you about your order. By paying the price of the Services and receiving a confirmatory email, you conclude a service contract in English between you and sdbx.moe on the basis of these Terms. After receiving your payment, we will provide you with access to the Services.
    6. The details of your specific contract will not be filed by us and, therefore, the specific contract will not be available to you. However, if you do require any information regarding your order please contact us by using the contact details mentioned in Section 28.
    7. When registering an account on the Website, you must provide sdbx.moe with accurate and complete information. You shall update the information in your account if this information becomes out of date.
    8. Unless you exercise the right of withdrawal stated below, you are not entitled to a refund of any prices paid by you before the termination of your service contract. If you exercise the right of withdrawal, you are entitled to a full refund of any prices paid by you before the termination of your service contract. The right of withdrawal does not apply to service contracts related to our dedicated servers.
    9. By signing up for the Services, you automatically sign up for receiving our newsletter.
  2. Seedboxes
    1. A free 2 day trial is available for you to test the Service upon request. The request must be made on our Discord server at https://discord.gg/[].
    2. There is a limit of 1 free trial per person. Attempts to circumvent this limit will result your account being terminated.
    3. The following applies to shared seedboxes only (and not to dedicated seedboxes):
      1. Public trackers are allowed, but you must be sensible, i.e. only seed to reasonable ratios. This restriction does not apply to private trackers.
      2. If your account is determined to be utilising an unacceptable amount of system resources over an extended period of time, you will be notified and given the opportunity to either reduce your usage or upgrade to a dedicated seedbox or server. This only occurs in extreme cases. Sdbx.moe reserves the right to determine what constitutes a violation of this provision. Because of the nature of this provision, each account will be considered and analysed individually.
    4. Discounts of 5%, 10%, 15% and 20% are available for subscription periods of 3, 6, 12 and 24 months respectively.
    5. You may upgrade your plan at any time. Your expiry date will be brought forwards according to the remaining credit (pro rata) on your account.
    6. You can refer a friend. Both you and your friend will get an additional 2 weeks added onto your subscription periods.
  3. Dedicated servers
    1. Your dedicated server is provided with an operating system of your choice installed. If you do not specify, Ubuntu 18.04 LTS will be installed.
    2. You may request a server reinstall at any time. Requests are usually fulfilled within 24 hours.
    3. You are responsible for maintaining your server, including its security.
    4. Support is limited to hardware related issues. If you have software related queries, we will try to assist where possible.
    5. Advance notice of at least 1 week is required for upgrade or downgrade requests.
    6. The availablity of dedicated servers is beyond our control.
  4. OpenVPN
    1. All seedbox plans come with complimentary OpenVPN.
    2. We do not keep logs.
  5. Intellectual property rights in the Website
    1. All title and copyrights in and to the content of the Website, including, but not limited to, any applets, animations, audio, images, photographs, music, and text are owned by sdbx.moe or its suppliers. The content of the Website is protected by copyright laws and international copyright agreements. Subject to these Terms, sdbx.moe hereby grants you a non-exclusive and non-transferable license to use the content of the Website. sdbx.moe may terminate this license if you breach these Terms.
  6. Your Content
    1. You retain copyright and/or all other rights which you already hold in the content which is stored on, or distributed through the Services (hereinafter, referred to as the "Your Content").
    2. By using the Services, you agree that sdbx.moe may:
      1. adapt or otherwise make changes to Your Content due to the technical requirements of devices, media, connecting networks, and services;
      2. transmit or distribute Your Content worldwide;
      3. transmit or distribute Your Content over various public networks and in various media;
      4. utilise various third-party software, services or infrastructure with the aim to facilitate adaptation, distribution, and transmission of Your Content.
    3. By using and/or purchasing the Services, you agree that you will be fully responsible for all Your Content. You hereby acknowledge that you have legal rights to store and distribute Your Content. You hereby acknowledge that Your Content is legal under
      1. the laws of the country in which sdbx.moe is based,
      2. the laws of the country or region in which you reside, and
      3. the laws of the country or region in which Your Content is physically stored.
    4. To protect the users of sdbx.moe, we reserve the right, without a prior notice, to stop the operation of a server if our monitoring systems indicate that that server hosts malware, mining software, or other software that overloads our network.
  7. Prices
    1. The prices indicated on the Website are indicated in USD.
    2. The prices remain valid as long as they are indicated on the Website.
    3. We may alter our price list from time to time. The price applicable is that set at the date on which you order your Services.
  8. Payments
    1. You can purchase the Services by using PayPal, Bitcoin or Ethereum.
    2. PayPal may collect payment information from you which will allow PayPal to make the payments requested by you. PayPal handles all the steps in the payment process on their websites, including data collection and data processing. Please provide your personal information to PayPal only after reviewing its privacy policy and terms of use.
    3. It is your responsibility to verify that all transaction information and other details are correct. sdbx.moe shall have no liability for transactions which are incorrect as a result of factors beyond sdbx.moe's control.
    4. sdbx.moe accepts no responsibility for refusal or reversal of payments, which shall be a matter between you and the provider of payment services.
    5. If you do not make the payments required for using the Services, we may retain or remove content stored by you on our servers.
    6. If you are unable to make a payment for any reason, please get in touch, as we can be flexible.
    7. Failure to make payment without advance notice will result in the termination of your account five (5) days following the expiry of your subscription.
  9. Right of withdrawal
    1. Right of withdrawal. Subject to the terms of this section 6, you have the right to withdraw from the service contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the service contract. To exercise the right of withdrawal, you must inform sdbx.moe of your decision to withdraw from the service contract by an unequivocal statement. You can use the following contact details to exercise your rights of withdrawal: Email: [email protected] To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
    2. Exceptions from the right of withdrawal. Your right of withdrawal does not apply in the following cases:
      1. If you use the services as a non-consumer (a "consumer" is any natural person who is acting for purposes which are outside his trade, business, craft or profession); or
      2. If the provision of the Services has started with your consent and the contract has been fully performed (if the contract has not been fully performed, we reserve the right to charge you proportionally for the time period that you have used the Services); or
      3. We have a reason to believe that your request for withdrawal is abusive (e.g., due to repetitive requests received from the same person).
    3. Effects of withdrawal. If you qualify for the right of withdrawal, we shall reimburse to you all payments received from you, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from the service contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. If you have used the Services before communicating your wish for withdrawal to us, we reserve the right to charge you the fee corresponding to the time period for which you have used the Services.
    4. We do not tolerate any abuse of our services. In order to prevent abuse of these Terms, sdbx.moe reserves the right to refuse future services to a customer who seeks multiple refunds, or who has violated these Terms.
    5. The right of withdrawal in this Section 6 applies to Seedboxes only. It does not apply to dedicated servers.
  10. Customer support
    1. If you would like to send a customer or technical support query to us, please send a support ticket by using the ticketing system accessible through your client area. Alternatively, you can send your customer or technical support queries by using the contact form available at https://www.sdbx.moe/contact or send us an email at [email protected]
    2. By purchasing the Services, you agree that the support provided by sdbx.moe is on an "as-is" and "as-available" basis. sdbx.moe does not guarantee that our support will be available at any time and/or our support will able to resolve your problem.
  11. Service level agreement
    1. Downtime compensation. If you do not have access to the Services for a period exceeding 12 hours, sdbx.moe will issue to you a credit equal to the duration the downtime lasted. Any downtimes which last less than 12 hours may or may not be credited. sdbx.moe will not compensate you for any downtime caused by your ISP or your connectivity to our servers.
    2. Additional downtime compensation. In our sole discretion, we may provide you with a downtime compensation which is more beneficial than the downtime compensation stated in the preceding Section.
    3. We will not provide any compensation for loss of data caused by a human error on your behalf.
  12. Data backup
    1. You are solely responsible for ensuring backup of Your Content unless you and sdbx.moe have arranged that the Services will include backup. We shall not be liable for loss of data or failure to recover data irrespectively of the type of failure.
  13. Mere conduit
    1. You and sdbx.moe agree that, when providing the Services, sdbx.moe is solely acting as a mere conduit of information. You agree that you are the publisher of Your Content.
    2. sdbx.moe does not filter or inspect Your Content. sdbx.moe does not express or imply approval of Your Content.
  14. Third-party software
    1. You may use the Services in combination with third-party software. Such third-party software may be governed by separate agreements. By downloading, installing, or otherwise using such a third-party software, you may be bound by the terms of the end user licenses governing third-party software. sdbx.moe shall not be responsible for any third-party software.
  15. Privacy
    1. By using or purchasing the Services, you agree that sdbx.moe may collect and process your personal information. The Privacy Policy published on https://sdbx.moe/privacy governs the collection, processing, and disclosure of your personal information in relation to the Services.
  16. Availability of Services
    1. You understand and agree that the Services may, without a prior notification to you, interrupt at any time and may continue for any duration. You agree that, under no circumstances, we shall be held liable for any damages arising out of or related to such interruptions. One or more such interruptions shall not constitute a default under these Terms.
  17. Limitation of liability
    1. To the extent not prohibited by law, sdbx.moe shall not be liable for any loss of profits, loss of income, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind whatsoever arising and whether caused by tort (including negligence), breach of the Terms or otherwise. sdbx.moe maximum aggregate liability under the Terms whether in tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to sdbx.moe in relation to the Services in question.
  18. Disclaimer of warranties
    1. To the extent not prohibited by law, the services provided by sdbx.moe are provided on an "as is, as available" basis. We disclaim any warranty (express or implied), including warranties of fitness or merchantability for a particular purpose.
    2. To the extent not prohibited by law, under no circumstances shall sdbx.moe be liable for any special, indirect, incidental, and consequential damages even if sdbx.moe was advised by you of the possibility of such damage or loss.
    3. If the services are disrupted or interrupted, we shall not be responsible for any losses caused by such a disruption or interruption.
  19. Indemnity
    1. You agree to indemnify, defend, and hold sdbx.moe harmless from and against any and all expenses, obligations, liabilities, and claims, attorney's fees, legal costs, and losses incurred by us arising out of or in relation to the Services.
  20. Force Majeure
    1. sdbx.moe shall not be liable to you or other persons for any failure of performance of any obligation vested in these Terms if such failure is caused by any events beyond sdbx.moe's reasonable control, including, but not limited to, acts of God, acts of terrorism, pandemics, cable cuts, strikes, wars, fires, floods, vandalism, injunctions, hurricane, governmental acts, riots, third-party provider outages, injunctions, power crisis shortages, and explosions.
  21. Relationship of the Parties
    1. The Parties are independent contractors, and these Terms does not make you an employee, partner, agent of, or joint venturer with, sdbx.moe for any purpose. You agree that you are, and will remain, an independent contractor in your relationships with sdbx.moe.
  22. Violations of these Terms
    1. If you violate any of the Terms, in addition to any other remedies available at law or in equity, sdbx.moe will have the right, in its sole discretion, to suspend or terminate immediately the Services provided to you.
  23. Assignment
    1. You may not assign your rights under these Terms without the prior written consent from sdbx.moe, and any such attempted assignment shall be void. This Agreement shall be binding upon the Parties' permitted assignors and respective successors.
  24. Governing law
    1. These Terms shall be read, construed and take effect in accordance with the laws of England and Wales and the Parties hereto expressly agree to submit to the exclusive jurisdiction of the courts in England and Wales.
  25. Disputes
    1. To the extent not prohibited by the applicable law, any controversy or claim arising out of or relating to use of the Website and/or the Services shall be settled by binding arbitration in accordance with the rules of net-ARB.com. The costs of arbitration shall be initially borne by the claimant and later apportioned by the arbitrator. The arbitrator's decision will be binding and may not be appealed. A judgment of a court having jurisdiction may be entered upon the arbitrator's award.
  26. Waiver
    1. A failure of a Party to enforce strictly a provision of these Terms shall in no event be considered a waiver of any part of such provision. No waiver by a Party of any breach or default by the other Party shall operate as a waiver of any succeeding breach or other default or breach by such other Party. No waiver shall have any effect unless it is specific, irrevocable and in writing.
  27. Entire Agreement
    1. These Terms constitute the entire understanding between the Parties with respect to the subject matter thereof and supersedes all prior agreements, negotiations and discussions between the Parties relating thereto.
  28. Severability
    1. The unenforceability of any single provision of these Terms shall not affect any other provision hereof. Where such a provision is held to be unenforceable, the Parties shall use their best endeavours to negotiate and agree upon an enforceable provision, which achieves to the greatest extent possible the economic, legal and commercial objectives of the unenforceable provision.
  29. Amendments
    1. sdbx.moe reserves the right, at its sole discretion, to change or modify these Terms at any time. Unless otherwise stated in these Terms, any such change or modification shall be effective when published on the following URL: https://sdbx.moe/terms. Therefore, you should regularly visit the aforementioned URL to review the current version of the Terms so you are aware of any revision to which you are bound. Your continued use of the Terms after any such changes constitutes your acceptance of the revised Terms. If you do not agree to abide by the revised Terms, please stop using the Services and the Website.
  30. Last amendment
    1. These Terms has been last amended on 16th May 2020.
  31. Contact us
    1. If you have any questions about these Terms, please contact us by using the contact form.