Terms of Service.
Welcome to “https://ipv4.larus.net” (“Site”). This Terms of Service (this “TOS or Agreement”) is entered into between you and us.
This TOS is conditional upon your acceptance of all the terms, conditions, policies and notices stated herein. By accessing and accepting this TOS, you confirm your full and unconditional understanding and agreement to all of the terms stipulated herein.
Throughout this TOS, the terms “LARUS”, “Service Provider”, “we”, “us” and “our” shall refer to LARUS Limited, whilst the terms “you, “your”, “user” and “Customer”, subject to the context, shall refer to any individual, organization or entity which have agreed to be bound by this TOS and shall be the party to this TOS with us.
Either LARUS or the Customer shall individually be referred to as the “Party”, while LARUS and the Customer shall collectively be referred to as the “Parties”.
1. LEASING OF IP ADDRESSES
1.1. In consideration of the fees to be paid under the “Pay the Bills” section of the Site, the Service Provider hereby leases to the Customer the IPv4 address blocks for the Customer’s network (“Service”).
1.2. Upon the first payment under the “Pay the Bills” section of the Site is completed by the Customer, the IP address block in the “Supplementary Information” section of the Site will be addressed to the data center which is filled by the Customer in the “Supplementary Information” part of the Site. The data center which was filled by the Customer data center will be authorized to announce and route the IP addresses to the Customer’s servers for the permitted usages specified under Clause 3 of this TOS.
1.3. In the event that, the Customer’s data center or its upstream bandwidth providers require any additional documentation regarding authority and authorization to announce the IPv4 address blocks, the Parties shall cooperate with each other by furnishing the necessary documentations to each other as soon as reasonably possible.
2. TERM AND PRICING
2.1. The term of this TOS shall commence from the Effective Date (hereinafter defined) and shall continue until the end of the agreed Payment Term and the Service as stipulated on our Site (“Payment Term”). For the avoidance of doubt, any letter of authorization issued by the Service Provider will only be valid during the Payment Term or any renewal of the Payment Term thereof (as the case may be). At the end of the Payment Term, the Payment Term will be automatically renewed for an extension of the Payment Term, unless and until, the Customer notifies the Service Provider in writing (pursuant to Clause 5 of this Agreement) of non-renewal no less than fourteen (14) days before the end of the Payment Term. For the avoidance of doubt, any renewal of the Payment Term shall automatically be bound by and subject to the terms and conditions set forth in the Agreement, At the time of renewal, the Service Provider has the rights and sole discretion (without prior written consent given by the Customer) to reasonably adjust the fee subject to the Customer’s Risk Level (hereinafter referred to as “RC”) of which the increase will not be higher than the increase rate of the market. The Service Provider reserves its absolute right to decline the renewal without specifying any reason to the Customer. In the event the Customer terminates this Agreement or the Customer causes this Agreement to be terminated by the Service Provider, due to, including but not limited to, Customer’s overdue payment of the fee, the Customer’s non-compliance of RIR policy and/or the terms under this Agreement, or the Customer’s action or omission that causes damage or may threaten to cause potential damage to the Service Provider in any form (whether financially, reputationally and/or any other means) before the natural expiration of the Payment Term granted herein then in such an event the Service Provider shall be entitled forthwith to terminate the Agreement and, in addition thereto, the Customer shall forthwith pay to the Service Provider a sum equal to the remainder of the Fee or amount accumulated for the period of the Payment Term for the whole of the unexpired period of the Payment Term granted herein.
2.2. Payments will be made by the Customer depending on the option which was selected by the Customer when registering the details in the “Payment Term” section of the Site (hereinafter referred to as “Relevant Fee”), wherein the amount is further specified in the “Pay the Bills” section of the Site). Payments MUST be made by the Customer to the Service Provider, upon accepting this TOS (for first time payment/initial Payment Term) and seven (7) days in advance before the start of the next Payment Term. In the event of payment overdue by the Customer, the Service Provider reserves its absolute right to suspend or terminate the Service rendered without providing any prior notice.
2.3. In the event any payment due and payables under this Agreement is not received within seven (7) days from the due and payable date, the Customer shall be liable to pay late payment interest at a rate of 0.5% per week, calculated on a daily basis from the due and payable date until the full and final settlement of the outstanding amount. Such interest shall be payable in addition to any other amounts due under this Agreement. The imposition of late payment interest is without prejudice to any other remedies which are available to the Service Provider under this Agreement or applicable law.
2.4. In the event that the Service Provider or its employees are subjected to any local taxes in fulfilling its obligations stipulated herein in providing the Service to the Customer, the Customer shall make the required payments on behalf of the Service Provider and ensure that such payments are made within the stipulated time including to file for any tax returns promptly. The Customer shall also reimburse to the Service Provider any amount paid by the Service Provider in performing its obligations herein, and the Customer shall ensure that the amount received by the Service Provider is consistent with the amount stipulated on the Site without any deduction for any reason whatsoever. For the avoidance of doubt, the amount received by the Service Provider after such tax payment or withholding and after payments of any additional taxes or charges due as a consequence of the payment of such additional amounts, shall equal the amount that would have been received if such deductions or withholdings were not required.
2.5. In the event that the Customer pays local taxes on behalf of the Service Provider, the Customer shall send Service Provider certified copies of the tax receipts or any other valid proof of payment within fourteen (14) days from the date of the payment of such taxes or charges.
2.6. In the event that any payment due under this Agreement is not received by the due date, the Customer agrees to pay interest on the overdue amount at a rate of 0.5% per week. The interest shall accrue from the due date until the payment is received in full. This interest charge is in addition to any other remedies available to the Service Provider under this Agreement or applicable law.
3. CONDITION OF IP USAGE
3.1. The Customer accepts the IP addresses in condition provided on an “as-is” basis with all risks and faults associated therewith. The Service Provider makes no representation, warranty or covenant of any kind with respect to any services or any included IP address, whether express, implied or statutory, including, but without limitation, any implied warranties of merchantability, fitness for a particular purpose, satisfaction of requirements, non-infringement, or any warranty arising out of a course of performance, dealing, trade or usage. Any and all such representations, warranties and covenants are hereby disclaimed by the Service Provider and waived by the Customer. Without limiting the generality of the foregoing, the Service Provider does not represent, warrant or covenant that any service or IP address, or any access or use thereof:
3.1.1. will be uninterrupted;
3.1.2. will be free of defects, inaccuracies, or errors;
3.1.3. will meet the Customer’s requirements; or
3.1.4.will operate in the configuration or with other hardware or software that the Customer uses.
3.2. The Customer will not use the IP addresses for any illegal or abusive purposes including but not limited to SPAM, SPAM email marketing and will otherwise at all times comply with the Service Provider’s Acceptable Use Policy as set out in Schedule A.
3.3. The Service Provider will assess the Customer based on their Risk Level. Risk Level is the monthly average of abuse incidents associated to all the IP addresses provided by the Service Provider to the Customer, where the calculation will be conducted on all the IP addresses provided under this agreement and all other agreements for the Customer.
In the case where the Risk Level has reached 3%, the Service Provider reserves the right to give the Customer warning and the Customer shall provide the Service Provider with the written reason, or any other form or methods to convey the Customer’s reason. In the event that the Risk Level has reached 10%, the Service Provider reserves the right to suspend the IP addresses without providing any prior notice to the Customer and terminate the contract. Any damage or loss suffered by the Customer due to the afore-mentioned suspension should be at the Customer’s cost and expense and, for the avoidance of doubt, the Service Provider shall not be liable for the Customer’s loss and/or damages suffered due to the aforementioned suspension.
3.4. Failure to remedy any violations of the Acceptable Use Policy within 48 hours will result in immediate loss of usage of those IP addresses without the Service Provider being liable to the Customer. The Customer will also be responsible for any out-of-pocket costs and/or expenses associated with improper use of IP addresses and costs to repair any harm or damages caused by this improper usage. In the case which the Customer violation of the Policy of RIR (Regional Internet Registry) or this TOS, the Service Provider has the right to suspend the Service without refunding the Customer for the suspension.
3.5. In the event that any IP address is listed on any platform including but not limited to Spamhaus, it is hereby agreed that an abuse fee of $40 per address will be imposed by the Service Provider to the Customer’s account. The abuse fee shall be paid in full before the Service of the respective IPv4 is to be reinstated. Notwithstanding, In the event that the quantity of IP addresses leased exceeds one percent (1%) of the maximum allocation leased from the Service Provider, the Service Provider reserve the right to suspend services, with or without prior notice, at our sole discretion. Any such suspension shall be non-refundable.
3.6. The Customer acknowledges that reverse DNS (rDNS) configurations for leased IP addresses may increase the risk of the IP addresses being flagged as spam. To mitigate the risk of negative impacts on the reputation of the IP addresses, the Company reserves the right to approve any rDNS configuration requests. The Customer further understands and agrees that a declined request for reverse DNS configuration shall not constitute valid grounds for termination of this Agreement, nor shall it be used as a basis for any claim for damages or compensation under this Agreement.
4. NO PROPRIETARY RIGHTS
4.1. The Customer acknowledges and agrees that:
4.1.1. the IPv4 addresses are not the property (real, personal or intellectual) of the Customer;
4.1.2. The Customer does not and shall not have or acquire any proprietary rights in or to the IPv4 addresses by virtue of this TOS or through the issuance of any letter of authorisation by the Service Provider;
4.1.3. The Customer shall not in any ways, nor shall the Customer makes any attempt, either directly or indirectly, to obtain, file for, register or assert any patent, trademark, service mark, copyright or any other actions of the same effect on all or any of the leased IPv4 addresses either in Hong Kong or any other jurisdiction whatsoever; or
4.1.4. The Customer shall not, due to any reason whatsoever, use the Ipv4 addresses as any form of collateral, charge or as any other instrument to achieve the similar desired effect.
4.1.5. Customer shall transfer or receive IPv4 addresses in accordance with the applicable RIRs’ policies.
5. COMMUNICATION NOTICE
5.1. All written notice or notice required or permitted to be given/communicated in writing under this TOS shall be delivered to the other Party by electronic mail communicate directly to the customer or by posting the notice on to our Site.
5.2. All written notice or communication to the Service Provider by the Customer shall be directed to info@larus.net.
6. CHANGES TO TOS
The Service Provider reserves the right to amend this TOS from time to time. The amendment(s) or change(s) shall take effect on the date stipulated on the communication notice.
7. GENERAL INDEMNITIES
7.1. The Customer hereby agrees to use the Service at its own risk. The Customer herewith agrees to indemnify and keep the Service Provider indemnified against all actions, claims, demands, proceedings, notices, losses including consequential losses, damages, costs and expenses attributable to or arising from the willful conduct, omission, negligence or any other act attributed by the Customer, its agents, servants and/or employees.
7.2. The Service Provider shall not be liable to the Customer and the Customer shall not have any claim against the Service Provider for any damage, injury, expense or loss suffered or incurred under any circumstances whatsoever arising directly or indirectly from the use of the IPv4 Address Block unless attributed to the Service Provider’s negligence or omission. Notwithstanding, the aggregate cumulative liability of the Service Provider for all claims whatsoever arising out of or in connection with this Agreement or the Service provided herein shall be limited to 10 ten percent (10%) of the yearly amount paid by the Customer to the Service Provider for the Service under this Agreement. The foregoing liability limitation is cumulative and not per incident.
7.3. The Service Provider is not liable to the Customer in contract, tort or otherwise in respect of claims brought by any third party.
8. DEFAULT AND TERMINATION
8.1. This Agreement shall be terminated on any of the occurrences of the following events: -
(i) the Customer shall fail to pay the Fee or such other amount payable pursuant to this Agreement by the due and payable date and the continuation of such failure for a period of 14 days after written notice has been provided by the Service Provider to the Customer;
(ii) the Customer does not honour any cheque given by him in respect of any payments under this Agreement;
(iii) the Customer fails to observe, keep or perform any other provision of this Agreement required to be observed, kept or performed by Customer;
(iv) the Customer sells, part with the possession and custody, transfers or otherwise disposes of the IPv4 Address Block to a third party;
(v) if the Customer alters, modifies or howsoever tempers with the IPv4 Address Block;
(vi) the Customer does or cause to be done or permit or suffer any act or thing whereby the Service Provider’s rights in the IPv4 Address Block may be prejudiced; and
(vii) the other Party commits any breach of its obligations or warranties provided herein.
Provided that the Service Provider have given to the Customer at least fourteen (14) days written notice requiring the Customer to remedy any breach under Clause 8(1), and the Customer fails to remedy such breach. Thereafter, the Service Provider shall serve a notice to the Customer to terminate this Agreement without prejudice to all the rights that the Service Provider have under this Agreement and by law.
8.2. This Agreement shall be terminated by either Party giving immediate notice to the other Party on any of the occurrences of the following events: -
(i) there is any execution or distress levied against the other Party assets or property;
(ii) the other Party goes into voluntary liquidation or has a receiver appointed over the whole or any material part of its undertaking or assets; or
(iii) the other Party becomes insolvent or enters into any composition or arrangement with its creditors in general.
8.3. In the event the Customer terminates this Agreement prematurely or the Customer causes this Agreement to be terminated by the Service Provider, due to, including but not limited to, Customer’s overdue payment of the fee, the Customer’s non-compliance of RIR policy and/or the terms under this Agreement, or the Customer’s action or omission that causes damage or may threaten to cause potential damage to the Service Provider in any form (whether financially, reputationally and/or any other means) before the natural expiration of the Service Term granted herein then in such an event the Service Provider shall be entitled to claim with or without notice and the Customer shall forthwith pay to the Service Provider: -
(i) the remaining balance of lease payments due for the unexpired term of the lease, calculated at the original price of the IPv4 Address Block stipulated under Schedule A; and.
(ii) the difference between the original price and the discounted price of the Service as communicated for the entire duration of the lease (“differential sum”).
For the avoidance of doubt, the total amount payable by the Customer upon premature unilateral termination shall be the aggregate sum of the remainder of the Fee or for the period of the Service Term for the whole of the unexpired period of the Service Term granted herein at the original price plus the differential sum between the original price and discounted price of the IPv4 Address Block for the entire lease. The Customer shall pay the same immediately with or without notice within seven (7) days upon termination of this Agreement.
Mutual termination
8.4. Notwithstanding, this Agreement may be terminated with the mutual consent and agreement of both Parties in writing.
8.5. In the event where the Parties have mutually agreed to terminate this Agreement before the expiry date of this Agreement, the Service shall be automatically suspended and/or deactivated immediately without notice to the Customer and this Agreement shall be null and void and be of no further force or effect and the Customer shall not hold the Service Provider in any way liable and shall not make any claims whatsoever against the Service Provider.
9. USE OF NAME AND LOGO
Customer consents to Service Provider’s use of its name and logo for the purposes of press releases and Service Provider’s client list (which may be published on its website, in printed materials, or displayed in Service Provider’s facilities).
10. RELATIONSHIP OF PARTIES
The relationship between the Parties is and shall be that of independent contractors. No joint venture, partnership, employment, agency, or similar arrangement is created between the Parties. Neither Parties has the right or power to act for or on behalf of the other or to bind the other in any respect other than express provided for in this TOS.
11. ASSIGNMENT
Neither Party may assign its rights or interests or transfer its obligations under this TOS to any person, firm or company/entity without the prior written consent of the other Party.
12. NON-COMPLIANCE OF LAW
12.1 In the case where the Customer is unable to make payment as stated herein or there are any sanctions being imposed on the Customer and/or the country that the Customer is registered in or operates from, affects the obligations of either Party under this Agreement, the Service Provider shall be entitled to terminate the Agreement. The Service Provider shall also reserve the right to suspend the IP addresses by giving the Customer (14) days prior notice. Any damage or loss suffered by the Customer due to the afore-mentioned suspension should be at the Customer’s cost and expense and, for the avoidance of doubt, the Service Provider shall not be liable for the Customer’s loss and/or damages suffered due to the aforementioned suspension.
12.2 The Customer represents to the best of its knowledge and belief and shall use reasonable efforts to procure that the Service shall not at any time be used for or in connection with any activity or transaction which may contravene applicable anti-money laundering, counter-terrorism financing, or other laws (“AML Regulations”). The Customer agrees to provide all the information necessary to enable The Service Provider to comply with AML Regulations. The Customer must use reasonable efforts to ensure that all funds received by the Service Provider in connection with the Services come from a legitimate source and otherwise comply with any policy determined by the Service Provider. The Customer agrees to promptly provide evidence of the funding source on request. If the Service Provider does not receive sufficient information to enable compliance to its satisfaction with relevant legislation or its policies, the provision of the Service to the Customer may be suspended or terminated without notice.
12.3 The Service Provider is required to act in accordance with any applicable laws and requests of statutory and regulatory authorities operating in various jurisdictions. These relate, among other things, to the prevention of money laundering, terrorist financing, bribery, corruption, actual or attempted tax evasion, fraud and the provision of financial or other services which may be subject to sanctions. The Service Provider may at its sole discretion take any action it considers appropriate to comply with all such applicable laws and requests which may include the suspension or termination of the Service without notice.
13. WAIVER
No waiver of any provision or consent to any action under this TOS will constitute a waiver of any other provisions or consent to any other action, nor will such waiver or consent constitute a continuing waiver or consent or commit any party to provide past or future a waiver or consent.
14. SEVERABILITY
If any provision of this TOS is determined to be illegal, invalid, or otherwise unenforceable by a court or tribunal of competent jurisdiction, then to the extent necessary to make such provision and/or this TOS legal, valid, or otherwise enforceable, such provision will be limited, construed, or severed and deleted from this TOS, and the remaining portion of such provision and the remaining other provisions hereof will survive, remain in full force and effect, and continue to be binding, and will be interpreted to give effect to the intention of the parties insofar as possible.
15. GOVERNING LAW
This TOS is governed by, and is to be construed in accordance with, the Hong Kong law. The Hong Kong Courts will have non-exclusive jurisdiction to deal with any dispute which has arisen or may arise out of, or in connection with, this TOS.
16. INTEGRATION
This TOS contains the entire agreement of the parties with respect to the subject matter of this TOS and supersedes all previous or contemporaneous communications, representations, understandings and agreements, either oral or written between the parties with respect to said subject matter.
17. TERMINATION
In the event the Customer terminates this TOS or the Customer causes this TOS to be terminated by the Service Provider (due to, including but not limited to, the Customer’s overdue payment of Relevant Fee and/or subject to the Customer’s Risk Level, the Customer’s non-compliance of RIR policy and/or TOS, or the Customer’s action or omission that causes damage or may threaten to cause potential damage to the Service Provider in any form (whether financially, reputationally and/or any other means)) before the natural expiration of the Payment Term granted herein, then in such an event the Service Provider shall be entitled forthwith to terminate the TOS, and, in addition thereto, the Customer shall forthwith pay to the Service Provider a sum equal to the remainder of the applicable Relevant Fee Period for the whole of the unexpired period of the Payment Term granted herein.
18. EFFECTIVE DATE
The IP addresses and Letter of Authorization will be provided after the first payment under the “Pay your bills” section of the Site has been successfully received by the Service Provider from the Customer; and the Service is deemed to start.
SCHEDULE A
ACCEPTABLE USE POLICY
1. Customer agrees they (and its employees, agents or others with access through Customer to the IP space) have to follow the policy of RIR (Regional Internet Registry) and will not:
a. Use the IP space for any unlawful purpose, including without limitation (i) intentionally or knowingly transmitting, receiving, or disseminating any obscene, pornographic, threatening, defamatory or other unlawful information or information which infringes upon legal rights of others, including intellectual property rights, (ii) intentionally or knowingly accessing accounts, servers, websites, data, hardware or software not intended to be accessed by Customer; or (iii) engaging in any kind of fraudulent transaction or conduct.
b. Intentionally or knowingly use the IP space to transmit, receive or disseminate any information or material which could be expected to offend a reasonable person due to indecent, harassing, racially or ethnically discriminatory, violent or otherwise offensive content.
c. Use the IP space to transmit or disseminate unsolicited bulk messages, including advertisements, informational distributions and charitable or other solicitations. Customer agrees to pay for all cost, expenses and fee damages that may occur associated to any black list removal as a result of usage by Customer or Customer’s users.
d. Any abuse complaints MUST be handled within 24 hours with exception to child pornography and terrorism, of which both require immediate actions. The abuse contact must ALWAYS be available 24 hours x 7 days a week.
e. Notwithstanding the issuance of any invoice as a mere formality, the Customer's obligation to remit payment in accordance with the agreed payment terms remains binding. Parties agree that any any procedural formality or impropriety including but not limited to the issuance of invoice, shall not absolve or diminish the Customer's liability to make timely payment. The Customer’s obligations under this Agreement shall remain in full force, unaffected by administrative or procedural actions or delays.
f. In case of disputes, the Service Provider reserves the right to make the final decision.