Terms of Service
This Terms of Service ("Agreement") is a legally binding contract between PBN Rocket ("PBN Rocket OÜ") and you ("Customer," "you" or "your"), which governs the purchase and use of the services provided by PBN Rocket to the Customer (collectively referred to as the "Services").
By purchasing or using the Services in any capacity, you confirm that you have read, understood, and agreed to all the terms and conditions outlined in this Agreement, and that you are at least eighteen (18) years of age with the legal authority to enter into a contract.
If you do not agree with all the terms and conditions stated in this Agreement, you are not permitted to use any of the Services. If you are already a customer of PBN Rocket and disagree with the terms and conditions in this Agreement, you should promptly contact PBN Rocket to cancel your Services.
1. Ownership and Services Purchased
1.1. The individual or entity recorded as the primary billing contact will be recognized as the owner of the account.
1.2. The features and details of the Services governed by this Agreement are outlined on the web pages describing the specific services or products you have purchased ("Service Description Page") based on their description on the Service Description Page as of the Effective Date, as defined below. PBN Rocket may modify the products and services it offers from time to time. If the Service Description Page is updated after the Effective Date, we are not obligated to modify the Service to reflect such changes. The services and products provided to you by PBN Rocket, as specified on the Service Description Page, are referred to as the "Services."
1.3. Certain aspects of the Services are provided by third parties. These third parties may reserve the right to make changes, including material changes, to the services they provide. You may terminate this Agreement if such a change significantly impacts the Services.
2. Term of Agreement
2.1. This Agreement becomes effective immediately when the Customer creates an account ("Effective Date") and remains effective and binding until terminated by either party as outlined below. This Agreement may only be modified by a written amendment signed by an authorized executive of PBN Rocket or by the posting of a revised version by PBN Rocket.
2.2. The term of this Agreement corresponds to the Customer’s billing term ("Term"). If no specific Term is provided, the Term shall be one (1) year. Upon the expiration of the initial Term, this Agreement will automatically renew for periods equal to the length of the initial Term, unless one party provides notice of its intention to terminate as outlined in this Agreement.
3. Compliance with the Law
3.1. PBN Rocket is registered and located in Estonia and is therefore required to comply with the laws and official policies of Estonia, regardless of where the Services are provided. Additionally, PBN Rocket will adhere to relevant laws and official policies set forth by the Estonian government.
4. Payments and Billing
4.1. PBN Rocket will automatically bill your payment method on file on the due date for all terms of one (1) or more years; for terms less than one (1) month in length, PBN Rocket will attempt to bill your payment method on file on the due date. All fees are billed in United States Dollars ("USD") or Euros ("EUR"), based on the currency selected during signup, and are subject to change with thirty (30) days prior notice to you.
4.2. Your "Billing Term" is the period of time you have chosen for receiving bills for the Services. For example, your Billing Term may be monthly, quarterly, or annually.
4.3. PBN Rocket can only automatically collect payment from customers with credit cards stored on file (as opposed to credit cards used for one-time transactions) or active PayPal preapprovals and subscriptions. All other payment methods (one-time credit card payments, PayPal one-time payments, etc.) must be manually initiated by you. It is your responsibility to ensure that recurring fees are paid on their due date.
4.4. As a customer of PBN Rocket, it is your duty to ensure that all billing information on file with PBN Rocket is accurate, and that any credit card or other automated payment method on file has sufficient funds for processing. You are solely responsible for any and all fees charged to your payment method by the issuer, bank, or financial institution, including but not limited to membership, overdraft, insufficient funds, and over-the-credit-limit fees. PBN Rocket screens all orders for fraud and other unethical practices. Services will not be activated until this fraud screening is completed. In certain cases, if your account is flagged for fraud, third-party services, such as IP allocations, will not be processed. PBN Rocket has no liability for the failure to provide Services, including third-party services, if your account fails its fraud screening.
5. Late Payments
5.1. Any account not paid in full by the end of the first day of the Billing Term will be given a seven (7) day grace period. If payment is not made within the seven (7) day grace period, PBN Rocket reserves the right to suspend your Service(s) with PBN Rocket and to charge a $15 "late penalty." Seven (7) days following the suspension of Services for non-payment, PBN Rocket reserves the right to terminate Service(s) for non-payment.
5.2. PBN Rocket is not responsible for any damages or losses resulting from the suspension or termination of your account due to non-payment. Additionally, PBN Rocket reserves the right to refuse to reactivate your Services until any and all outstanding invoices have been paid in full.
6. Refund Policy and Billing Disputes
6.1. No refunds are offered on IP addresses, custom packages, setup fees, custom discounts with a commitment (e.g., volume discounts with yearly commitment), advanced support fees, or processing fees.
6.2. Refunds will be issued only to the payment method from which the original payment was made and may take up to one (1) week to process. Eligible payments older than sixty (60) days may require a refund via PayPal due to merchant account policies and procedures.
6.3. The following methods of payment are not refundable under any circumstances (including during the money-back guarantee period, if applicable), and refunds will be posted solely as credit to the hosting account for current or future Services: bank wire transfers, Western Union payments, checks, and money orders.
6.4. Refunds may be possible when the client has not used resources allocated to them within 7 days after the initial order. For example, if a domain has not been set up on an IP address rented from PBN Rocket. Due to the nature of the hosting service, no exceptions will be made.
6.5. No refunds for the remaining Service time will be provided when a customer wants to cancel individual IP addresses from more than one (1) active order.
7. Chargebacks, Reversals, and Retrievals
7.1. If PBN Rocket receives a chargeback or payment dispute from a credit card company, bank, or PayPal, your Services may be suspended without notice. A $50 chargeback fee (issued to recoup mandatory fees passed on to PBN Rocket by the credit card company), plus any outstanding balances accrued as a result of the chargeback(s), must be paid in full before service is restored. Instead of issuing a chargeback, please contact PBN Rocket’s billing team to address any billing issues.
7.2. If PBN Rocket appeals a chargeback or other payment dispute and wins the dispute or appeal, the funds will likely be returned to PBN Rocket by the credit card company or bank. Any double payment resulting from this process will be applied to the Customer’s account in the form of a service credit.
8. Cancellation of Services
8.1. Either party may terminate this Agreement by providing notice to the other as outlined herein.
8.2. You may cancel Service(s) with PBN Rocket by submitting a cancellation request through the dashboard. If you are unable to log in to the dashboard, please contact our billing department via email, and we will assist you. However, PBN Rocket prefers that cancellations be submitted through the dashboard to reduce the likelihood of error and ensure the security of your account. PBN Rocket cannot accept cancellation requests via telephone, email, or live chat.
8.3. Cancellations must be requested through the form indicated above at least 48 hours before the Service’s renewal date. If a cancellation notice is not received within the required time frame, you will be billed for the next Billing Term and will be responsible for payment as outlined above. Cancellations are not final until confirmed in writing by a representative of PBN Rocket (not an auto-responder for a ticket received) via email.
8.4. If you pay PBN Rocket via PayPal, it is your responsibility to cancel any subscription for recurring PayPal payments.
8.5. PBN Rocket may terminate this Agreement at any time by providing notice to Customers via email. Should PBN Rocket terminate this Agreement for any reason other than a material breach or violation of PBN Rocket’s Acceptable Use Policy, any prepaid fees will be refunded.
8.6. Either party may terminate this Agreement upon the occurrence of a material breach that has not been cured by the other party within ten (10) days of receiving written notice of the breach. For the purposes of defining a material breach, materiality shall be determined from the perspective of a reasonable business person with significant experience in conducting business on the Internet. Notices of material breach must contain sufficient detail for the party against whom the assertion of material breach is directed to identify the breach and attempt to take corrective action.
9. Refusal of Service
9.1. PBN Rocket reserves the right to refuse service to anyone at any time. Any material that, in PBN Rocket’s judgment.
9.2. Similarly, PBN Rocket retains the right to cancel, suspend, or limit access to its Service(s) at any time, for any reason or no reason, with or without notice. PBN Rocket is not liable for any damages or data loss resulting from such suspension or termination.
9.3. Any communication with PBN Rocket’s staff that could be interpreted as belligerent, vulgar (including curse words), hostile, highly rude, threatening, or abusive will result in a warning. Continued inappropriate communication may lead to the suspension or termination of your account. This includes, but is not limited to, threats of legal action, defamation, public exposure, or initiating a chargeback.
9.4. To protect against fraud, PBN Rocket may request a copy of government-issued identification and/or a scan of the credit card used for the purchase. Failure to meet these requirements may result in the order being considered fraudulent and denied.
10. Resource Usage
10.1. Customers are required to use minimal server resources to ensure reasonable performance for all PBN Rocket customers. Since CPU and memory are shared resources, excessive use can disrupt or prevent normal service for others. PBN Rocket reserves the right to suspend or terminate Services on any account that it deems, in its sole discretion, to be abusing server resources. This suspension or termination can occur at any time without prior notice, for any reason or no reason.
11. Bandwidth Usage
11.1. There are no bandwidth limits on IP addresses. Customers may use the bandwidth necessary for their websites, but only within reasonable amounts.
11.2. As with other resources, customers are expected to use bandwidth responsibly to ensure reasonable performance for all PBN Rocket customers. PBN Rocket regularly monitors bandwidth usage and reserves the right to suspend, terminate, or limit Services (e.g., through port speed reduction) on any account it deems, in its sole discretion, to be using an excessive amount of bandwidth. Such actions can occur at any time without prior notice, for any reason or no reason.
11.3. Bandwidth limits for shared hosting are set according to the hosting plan selected by the customer. Shared hosting plans with unmetered bandwidth mean that PBN Rocket does not impose bandwidth usage limits but reserves the right to suspend or terminate the Service if abuse is detected. Customers using these plans may use the bandwidth necessary for their websites, but only within reasonable limits.
12. Licenses
12.1. PBN Rocket grants you a non-exclusive, non-transferable, worldwide, royalty-free license to use the technology provided by PBN Rocket solely to access and use the Services. This license terminates upon the expiration or termination of this Agreement. Beyond the rights granted above, this license does not grant any additional rights. All rights, title, and interest in PBN Rocket’s technology remain with PBN Rocket or its licensors. You are prohibited from circumventing any protective devices designed to safeguard PBN Rocket's or its licensors' ownership interests in the technology provided to you. Additionally, you may not reverse engineer this technology.
12.2. You grant PBN Rocket, and any third parties it employs to provide the Services, a non-exclusive, non-transferable, worldwide, royalty-free license to use, disseminate, transmit, and cache the content, technology, and information you provide, as well as that of your End Users, in connection with the Services. This license terminates upon the expiration or termination of this Agreement. All rights, title, and interest in your technology remain with you or your licensors.
13. Service Modifications
13.1. PBN Rocket reserves the right to add, modify, or remove any or all features from any service it provides at any time, with or without notice. This includes, but is not limited to, changes to disk space limits, bandwidth limits, domain limits, pricing, and third-party applications. These modifications can be made for any reason or no reason, and PBN Rocket does not guarantee the continued availability of any feature, whether expressed or implied. If the removal of a feature significantly impacts your ability to use the Service, you may terminate this Agreement. In this context, "significantly" means that a reasonable business person would not have purchased the Services for the purposes you are using them.
14. Uptime Guarantee
14.1. PBN Rocket does not currently offer an uptime guarantee. If you believe your uptime in a given month has not met your expectations, please contact our billing team, and we will be happy to assist you.
15. Support Policy
15.1. PBN Rocket provides technical support 24 hours a day, 365 days a year. The only official method for technical support is through PBN Rocket’s help desk at https://pbnrocket.com/contact. Telephone and live chat support are not official methods of support and are governed by the terms and conditions outlined in the following clause.
15.2. Limited support may be provided, at PBN Rocket’s discretion and depending on staff availability, via telephone and/or live chat. PBN Rocket strives to offer prompt, friendly, and helpful support through these channels, but availability, accessibility, or technical expertise via these mediums is not guaranteed.
15.3. Inquiries via telephone or live chat should be limited to general questions that do not require account or server access to investigate or resolve. They should not be used to request updates or status on a help desk ticket. Any issue requiring investigation, research, or access to an account/server should be submitted through the help desk. PBN Rocket reserves the right to redirect any issue to the help desk at its discretion and to refuse support for such issues via telephone or live chat.
16. Advanced Support Policy
16.1. PBN Rocket’s support is limited to its areas of expertise and is only available for issues related to the physical operation of the Services. PBN Rocket does not provide support for third-party software, including software it offers but did not develop. PBN Rocket reserves the right to refuse assistance or charge an "Advanced Support Fee" of $100.00 USD per hour (1-hour minimum) for any issue that it deems, in its sole discretion, to be: (a) outside the scope of standard support, or (b) caused by customer error or omission. PBN Rocket will always obtain your permission before providing advanced support that may incur a fee. By granting your permission, you agree to pay the Advanced Support Fees as billed.
17. Backup Services
17.1. Your use of PBN Rocket’s Services is at your own risk. This service is provided as a courtesy, and PBN Rocket is not responsible for files or data residing on your account. You agree to take full responsibility for transferring and maintaining all files and data on PBN Rocket’s servers.
17.2. Backups are performed on servers that are used exclusively for shared hosting.
17.3. If you request PBN Rocket to restore a backup of your data from a backup server maintained by PBN Rocket, you will receive one courtesy backup restore per calendar month. Any additional restores within the same month will incur a non-refundable "restoration fee" of $10.00 per backup restored. By requesting a backup restoration, whether paid or unpaid, you acknowledge that the restoration will overwrite all current data on your account. PBN Rocket cannot be held responsible if a backup restoration does not complete successfully. PBN Rocket will never charge a backup fee for restoring a backup to address an error or omission caused by PBN Rocket.
17.4. PBN Rocket will retain backups of all active accounts for at least fourteen (14) calendar days.
17.4.1. PBN Rocket may delete some or all of your backups at any time after you stop paying for PBN Rocket’s Services.
18. Acceptable Usage Policy
18.1. You are required to use PBN Rocket’s services solely for lawful purposes. The transmission, storage, or display of any information, data, or material that violates the laws of Estonia is strictly prohibited. This includes, but is not limited to, copyrighted material that you do not own, material that is threatening or obscene, or material protected by trade secrets or other laws. You agree to indemnify and hold PBN Rocket harmless from any claims arising from your use of the service that causes harm to you or others.
18.2. PBN Rocket reserves the right to terminate services for any customer or end-user activity that could expose the company to legal liability or jeopardize its ability to provide services to other customers. The following activities are violations of this agreement, although this list is not exhaustive and is intended to help you assess whether PBN Rocket is the right service provider for you:
- Child Pornography: Hosting, distributing, or linking to pornography involving minors.
- Copyright Infringement: Hosting, distributing, or linking to copyrighted materials without authorization.
- CPU/Memory/Resource Abuse: Excessive consumption of server resources causing performance issues.
- DoS Source: Being the source of a Denial of Service attack.
- DoS Target: Being the target of a Denial of Service attack.
- File Scripts: Hosting file dump or mirror scripts (e.g., similar to RapidShare).
- Forgery: Falsifying an IP address, hostname, email address, or header information.
- Fraud Site: Hosting or linking to a website intended to deceive the public (e.g., sites listed on aa419.org & escrow-fraud.com).
- HYIP: Hosting or linking to a High Yield Investment Program website.
- Identity Theft: Hosting, distributing, or linking to stolen account identification information.
- Infection: Hosting, distributing, or linking to exploits, trojans, viruses, or worms.
- Investment Sites: Hosting or linking to sites related to FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi schemes, MLM/pyramid schemes, or High-Yield Interest Programs (HYIP).
- IRC: Hosting Internet Relay Chat servers, including IRC scripts/bots.
- Mass Storage: Using accounts for mass storage of backups, archives, videos, etc.
- PayDay Loan Sites: Hosting or linking to any site related to PayDay loans or affiliate programs.
- Pharmacy Sites: Engaging in the illegal distribution of prescription medications, including promotion, marketing, or sale without a valid prescription.
- Phishing: Engaging in identity theft through false pretenses in emails.
- Proxy Site: Hosting or linking to anonymous proxy servers.
- Bulk Email: Sending more than 500 emails of similar content (Opt-In).
- Spam Email: Sending unsolicited commercial email (UCE) or unsolicited bulk email (UBE).
- Spam List: Hosting, distributing, or linking to email address lists intended for spam.
- Spam Site: Hosting a site advertised by spam email or spam web.
- Spam Ware: Hosting, distributing, or linking to software designed for spamming.
- Spam Web: Unsolicited bulk or forged site advertisements in web logs, forums, guestbooks, or social media.
- Spamhaus: Engaging in spam that results in IP blacklisting on www.spamhaus.org due to malicious activity.
- Terrorist Site: Hosting or linking to a site advocating terrorism.
- Toolz: Hosting, distributing, or linking to tools or instructional material for hacking/cracking or other illegal activities.
- Trademark: Hosting, distributing, or linking to materials infringing on trademarks.
- Warez: Hosting, distributing, or linking to cracked software, hacks, keygens, serial numbers, or pirated software.
- Any other material that PBN Rocket deems threatening or obscene.
18.3. Additionally, hosting accounts are not permitted to be resold. You may not resell individual services within any single account, such as web space, email accounts, add-on domains, or mailing lists. All domains, add-on domains, and subdomains must pertain to sites controlled by or promoting content or businesses exclusively managed by the account holder, as described above.
18.4. PBN Rocket responds to valid notices of alleged copyright infringement. Copyright complaints are handled in accordance with the Digital Millennium Copyright Act ("DMCA"). Complaints that do not comply with the DMCA will not be processed. You are required to comply with the DMCA when using PBN Rocket’s services and submitting copyright complaints. For more information on how to submit a DMCA complaint and to view information on PBN Rocket’s designated representative, please see our DMCA Policy.
18.5. You are prohibited from using the services to send unsolicited bulk and/or commercial messages over the Internet (commonly known as "spam"). Such activity is harmful, not only because it negatively affects consumer perceptions of PBN Rocket, but also because it can overload PBN Rocket's network and disrupt services for other customers. Maintaining an open SMTP relay is prohibited. Any direct action, configuration, or setting that causes excessive outbound email traffic is subject to review and possible action. Upon receiving a complaint, PBN Rocket has the absolute discretion to determine, based on the evidence, whether the email recipients were from an "opt-in" list or whether the outbound email traffic generated from an account is suitable for a shared hosting environment.
19. Restrictions on Storage Space Usage
19.1. All accounts are subject to the following storage space usage restrictions: (a) accounts must have valid, working websites and must not violate any previously agreed-upon terms; (b) accounts are not to be used for the mass storage of backups, files, audio, video, archive files, or other similar content, as determined by PBN Rocket at its sole discretion; and (c) accounts are not to be used for the mass distribution of files, such as torrents or mirrors. Any account found in violation of these terms may be suspended or terminated without notice.
20. Multi-Location Hosting
20.1. PBN Rocket does not guarantee the availability of any and all hosting locations and reserves the right to add, move, modify, or remove any location at any time without notice. PBN Rocket also reserves the right to deny the transfer of any account to a new location for any reason or no reason at all.
21. Warranties
21.1. Your Warranties to PBN Rocket
21.1.1. You affirm and guarantee to PBN Rocket that: (i) you possess the necessary experience and expertise to utilize the Services effectively; (ii) you will provide PBN Rocket with materials that can be implemented without additional effort on their part to deliver the Services; and (iii) you have adequate knowledge in managing, designing, and operating the functionalities offered by the Service to fully benefit from it.
21.1.2. You explicitly guarantee that you own the full rights, title, and interest in, or have the appropriate license to use, all materials provided to PBN Rocket or that may be accessed or transmitted through the Services. Additionally, you guarantee that any third parties you engage with using the Services possess similar ownership interests in the materials they provide to you or access through you, as outlined in this section.
21.2. PBN Rocket’s Warranties
21.2.1. YOU EXPRESSLY AGREE THAT YOUR USE OF PBN ROCKET’S SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." OTHER THAN AS SPECIFICALLY STATED IN THIS AGREEMENT, PBN ROCKET MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED. THIS INCLUDES, BUT IS NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND/OR TITLE. PBN ROCKET, ITS PARENT COMPANY, EMPLOYEES, AGENTS, RESELLERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSERS, OR SIMILAR PARTIES, DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY PROVIDE ANY WARRANTY REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USING THE SERVICES, OR THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH PBN ROCKET’S NETWORK, UNLESS EXPRESSLY STATED OTHERWISE IN THIS AGREEMENT. PBN ROCKET SPECIFICALLY DISCLAIMS ANY WARRANTIES RELATED TO SERVICES PROVIDED BY THIRD PARTIES, REGARDLESS OF WHETHER THESE SERVICES APPEAR TO BE OFFERED BY PBN ROCKET. NO WARRANTIES FROM THIRD PARTIES TO PBN ROCKET WILL BE EXTENDED TO YOU, NOR MAY YOU CLAIM TO BE A THIRD-PARTY BENEFICIARY OF SUCH WARRANTIES.
21.2.2. THE WARRANTY DISCLAIMERS IN THIS AGREEMENT ALSO APPLY TO ANY ORAL OR WRITTEN INFORMATION YOU MAY HAVE RECEIVED FROM PBN ROCKET, ITS EMPLOYEES, THIRD-PARTY VENDORS, AGENTS, OR AFFILIATES. SUCH INFORMATION CANNOT BE RELIED UPON BY YOU.
21.2.3. SOME STATES DO NOT ALLOW PBN ROCKET TO EXCLUDE CERTAIN WARRANTIES. IF THIS APPLIES TO YOU, YOUR WARRANTY IS LIMITED TO NINETY (90) DAYS FROM THE EFFECTIVE DATE.
21.3. The parties explicitly reject the application of the United Nations Convention on Contracts for the International Sale of Goods.
22. Limitation of Liability
22.1. YOU ALSO ACKNOWLEDGE AND AGREE THAT ANY DAMAGES WILL BE LIMITED TO THE AMOUNT YOU PAID FOR ONE (1) MONTH OF SERVICE.
22.2. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PBN ROCKET, ITS OFFICERS, AGENTS, OR THIRD PARTIES PROVIDING SERVICES THROUGH PBN ROCKET, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA, OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU, YOUR END USERS, OR ANY THIRD PARTY; OR ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, FILE DELETIONS, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER DUE TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PBN ROCKET RECORDS, PROGRAMS, OR SERVICES. YOU AGREE THAT THIS SECTION APPLIES EVEN IF PBN ROCKET HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ALSO ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENTS ON ALL SERVERS AND ALL SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; YOU AGREE THAT IN SUCH JURISDICTIONS, PBN ROCKET’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
23. Indemnification
23.1. You agree to indemnify, defend, and hold harmless PBN Rocket, along with its parent, subsidiary, and affiliated companies, third-party service providers, and their respective officers, directors, employees, shareholders, and agents (each an "indemnified party" and collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorneys’ fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of, or related to: (i) your use of the Services; (ii) any violation by you of any of PBN Rocket’s policies; (iii) any breach of any of your representations, warranties, or covenants in this Agreement; or (iv) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement. For this paragraph, the terms referring to "you" include you, your customers, visitors to your website, and users of your products or services that are facilitated by PBN Rocket.
24. Governing Law and Disputes
24.1. This Agreement shall be governed by the laws of Estonia, excluding its conflict of law principles, and the applicable laws of Estonia. The exclusive venue for all disputes arising out of or relating to this Agreement shall be the state and federal courts in Rakvere, Estonia, and both parties agree to submit to such jurisdiction and waive any objections.
25. Partial Invalidity
25.1. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the remaining provisions will continue in full force and effect. PBN Rocket and the Customer agree to renegotiate any invalid term and to be bound by a mutually agreed substitute provision.
26. Changes to the Terms of Service
26.1. PBN Rocket reserves the right to modify this Agreement, in whole or in part, from time to time. PBN Rocket will notify you of any such changes by sending a notice to your email address on file. Unless a change is required due to an emergency, it will take effect seven (7) days after it is posted. If a change significantly diminishes your ability to use the Services, you may terminate this Agreement. You are encouraged to review the content of this Agreement regularly.
27. Assignment
27.1. PBN Rocket may assign this Agreement. You may not assign it. This Agreement shall be binding on and inure to the benefit of the corporate successors and permitted assigns of the parties.
28. Force Majeure
28.1. Except for the obligation to pay monies due, neither party shall be liable for any delay or failure in performance due to events beyond the defaulting party’s reasonable control, including, but not limited to, acts of God, earthquakes, labor disputes, supply shortages, riots, wars, fires, epidemics, telecommunication failures, delays by common carriers, or other circumstances beyond their reasonable control. The obligations and rights of the excused party shall be extended on a day-to-day basis for the period of the excusable delay. The party affected by such an event shall notify the other party as soon as possible, but in no event later than ten (10) days after the event begins.
29. No Waiver
29.1. No waiver of rights under this Agreement or any PBN Rocket policy or agreement between you and PBN Rocket shall constitute a subsequent waiver of the same or any other right under this Agreement.
30. No Agency
30.1. This Agreement does not establish any agency, partnership, joint venture, or franchise relationship. Neither party has the authority to, nor shall they, assume or create any obligation on behalf of the other party or bind the other party in any manner.
31. HIPAA Disclaimer
31.1. PBN Rocket is not "HIPAA compliant." Users are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. Users acknowledge that the Services may not be suitable for the storage or control of access to sensitive data, such as information about children or medical or health information. PBN Rocket does not monitor or control the information or data you store on or transmit through our Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act ("HIPAA"). Customers requiring secure storage of "protected health information" under HIPAA are expressly prohibited from using this Service for such purposes. Storing or allowing access to "protected health information," as defined under HIPAA, is a material violation of this User Agreement and may result in immediate account termination. We do not sign "Business Associate Agreements," and you agree that PBN Rocket is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA.
32. Entire Agreement
32.1. This Agreement, including the Terms of Service and all policies and agreements incorporated herein by reference, constitutes the entire understanding between PBN Rocket and you. This Agreement supersedes any prior written or oral agreements between PBN Rocket and you concerning the subject matter of this Agreement. The terms of this Agreement shall govern all transactions between PBN Rocket and you. This Agreement may not be modified or amended except in writing signed by an authorized PBN Rocket representative. No other act, document, usage, or custom shall be deemed to amend or modify this Agreement.