Login
Forgot your password?
Contact Us

TERMS OF SERVICE

The following Terms of Service ("TOS") set forth the duties and responsibilities of 1H Ltd. (the "Company," "we," "us," or "our") and our customers, including both end-clients and resellers ("Customer," "you" or "your") ("Party" or "Parties"). All sections of this TOS apply equally to end-clients and resellers, unless a section explicitly contains a reseller sub-section setting forth different terms for resellers.

Use of our website, http://1h.com (the "Website"), products including, but not limited to, 1H Guardian, 1H Hive, 1H Hawk, 1H Digits, 1H Portal and 1H Local Portal ("Products"), and services including, but not limited to, 1H Software installation, 1H Software uninstallation, 1H Software update, Client Server software examination, Client Server software update and security hardening ("Services") constitutes your acceptance of this TOS and your agreement to be bound by the terms and conditions contained herein. It is your responsibility to read and understand this TOS before commencing use of any Company Product or Service. We agree to be bound by this TOS when we process your payment information.

This TOS incorporates the Company RSA, RSA Terms of Service and the End-User License Agreement and the Privacy Policy, current versions of which can be found on the Website on URL http://1h.com/legal.htm by reference. To the extent that these documents conflict, this TOS shall prevail.

1. Term

The "Effective Date" of this TOS shall be the date you first visit the Website, or click "I accept" as indicated in our records, and shall continue until terminated by either party as set out in this TOS ("Term").

2. Payment

You are responsible to provide funds in advance (“Deposit") from which our Products and Services related fees (“Fees”) will be deducted. Our obligation to provide the Products and Services is contingent on there being sufficient funds in the Deposit to pay the Fees. The Company may only accept funds for your Deposits through certain payment processors and may require additional verification to ensure Deposits are accepted. The company requires a minimum of $25.00 for each deposit refill you make. The company requires a minimum Deposit of $25.00 to be available at all times. Any fees or charges associated with your provision of the Deposit or any additional payment are your obligation.

Fees for Products and Services (each a "Fee") shall be subtracted from your Deposit upon Product and Services activation and renewal. All Fees that are already deducted from your Deposit are non-refundable unless a specific refund policy applies and not transferable without our consent, which may be denied for any reason. In the event that we decide to issue a refund, a mandatory processing fee of 10% of the refunded amount will be withheld, and the total amount refunded cannot be lower than $50.00. You will be responsible for all merchant service fees, bank fees and other transaction fees that may be incurred as a result of the refund. All fees are net of all applicable national, state, and local taxes.

You authorize the Company to automatically subtract all due renewal Fees from your Deposit at the end of the pre-paid period for any of your active products or services. If the Deposit is insufficient for the renewal fee due, you authorize the Company to bill the credit card on file to refill the Deposit and subtract the due renewal fee.

In the event that an account is left idle and there is no activity for more than 6 months, we will close the idle account and you will have a 30-day grace period in which to contact us to request a refund of the unused Deposit. After this period no refund is due.

You authorize us to deduct from your Deposit any amount you owe to the Company, including, without limitation, amounts owed as a result of your indemnification of Company for third party claims and any administrative costs, including reasonable administrative costs charged for inactive accounts.

3. Bill Disputes

You agree to notify Company in writing of any billing issues within 30 calendar days after a Fee is deducted from your Deposit or your credit card is debited ("Dispute Deadline"). We agree to work together in good faith to resolve any billing disputes. Billing issues include, but are not limited to, double charges, unauthorized charges and missing invoices. Your dispute must include sufficient facts for us to investigate your claims. You waive your right to dispute any charges if you fail to meet the Dispute Deadline. If we find that your claim is valid, we agree to credit the Deposit account the next time a Fee is due.

If you fail to follow the dispute process above and initiate a chargeback or other Fee reclamation process, this shall allow us to: i) terminate or suspend the TOS as a material breach; and/or (ii) charge a reinstatement fee of US$35.00 plus 10% of the chargeback amount per incident. Company will grant you a grace period of 5 business days to reverse the chargeback. We shall only accept as proof of chargeback reversal official bank documents from your bank or service provider acknowledging the chargeback reversal. If you fail to provide us with this documentation within the grace period, this will be considered by us to be a material breach of this TOS, entitling us to suspend the Products and Services or terminate this TOS, and we will suspend your access to the Products and Services.

4. Termination

Both Parties have the right to terminate this TOS at any time. If we terminate this TOS for reasons other than your material breach, we will refund all amounts remaining in the Deposit. If you terminate this TOS for reasons other than our material breach, you must give us 30 days prior written notice in order to receive a refund of your unused Deposit.

Either Party may terminate this TOS upon the occurrence of a material breach, except as set out in the paragraph entitled "Deposits," if the breach has not been cured by the other Party within 30 days of their receipt of written notice of the breach. A material breach shall be determined from the perspective of a reasonable business person with significant experience 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.

We reserve the right to immediately suspend the Service and/or terminate this TOS: (i) for a violation of any of our policies, including those incorporated by reference; and/or (ii) your failure to pay any amounts due. This right of termination is without prejudice to any other rights we may have. You are not entitled to any type of notice or protest should we exercise these rights, nor will you receive a refund of your Deposit.

5. Licenses and Intellectual Property

Upon our receipt of the Fees, Company grants to you a non-exclusive, non-transferable, worldwide, royalty free license to use Services and Products. This license terminates on the expiration or termination of this TOS. Except for the license rights set out above, this license does not grant any additional rights to you. All right, title and interest in Company's technology, including all worldwide intellectual property rights, shall remain with Company or Company's licensors. You are not permitted to circumvent any devices designed to protect Company's, or its licensor's, ownership interests in the technology provided to you. In addition, you may not reverse engineer this technology.

Any license provided to you, is provided with "RESTRICTED RIGHTS" applicable to private and public licensees. These rights include, but are not limited to, restrictions on use, duplication, or disclosure by the United States Government as set forth in this TOS and as provided in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable.

6. Special Promotion Terms

From time to time, we may offer special pricing or free trial terms as part of a Company promotion. These special terms will be available to Customers as described at the corresponding promotion terms pages. The Promotional Terms may not renew and may not apply to current customers.

7. Restrictions on Use of Services

You must not make any representations or warranties about the Products or Services to any of your customers or any other third party that are inconsistent with this TOS. You agree NOT to use any or part of the Products or Website for:

A) any activity that is unlawful, or harms the Company or any Customer, as determined by Company, in its sole discretion;

B) interrupting, or attempting to interrupt, the operation of the Website in any way;

C) transmission of unsolicited email (SPAM);

D) reverse engineering or any other abuse of the Products and Services or Company technology;

E) repetitive, high volume inquires or other excessive use or abuse of the Products and Services or Company technology;

F) any illegal, dishonest, deceptive or unfair trade practices;

G) any use which fails to abide by customary industry acceptable use policies or any applicable laws; or

H) copying, reproducing, posting or distributing, in any way, any portion of this website or derivative works thereof.

You agree to comply with all applicable local, state, national and international laws and regulations which may apply to your use of the Products, Services, or Website. Any attempt by any person to deliberately damage the Products, Services, or Website is a violation of criminal and civil laws.

8. User Name and Password

If you are a Customer or a reseller, you will automatically be given a username and password for our User Area, which will be included in your welcome email for the Service. When you log in and register for the Service, you agree to provide Company with accurate, complete and up to date contact information. You further agree to keep such information accurate, current and complete in your Client Profile.

You agree:

A) not to sell or transfer your use of or access to the Website;

B) not to permit anyone else to use your username or password;

C) to maintain the confidentiality of your username and password;

D) to be responsible for all activity that occurs through the use of your Password; and

E) to immediately notify Company of any unauthorized use of your account or any other breach of security.

9. Reselling our Services

By using and reselling the Services, you acknowledge that you have read, understand and agree to be bound by the Company RSA, along with the RSA Terms of Service and the End-User License Agreement, the current version of which can be found on the Website ("Additional Terms"). You also agree to be bound by this TOS for transactions undertaken on your behalf by anyone acting as your agent, and transactions undertaken by anyone who uses your account.

Subject to the terms and conditions of this TOS and the Additional Terms, Company grants you a non-exclusive, non-transferable license to resell the Products and Services. The Products and Services include, but are not limited to, those Products and Services listed on our site at http://1h.com and any other Products and Services as we may make available in your account from time to time. To resell these Products and Services, you and each of your end-clients purchasing these Products and Services must agree to the Additional Terms as they may be updated from time to time. You agree to indemnify and hold us harmless for your failure to obtain the consent of your customers to the Additional Terms.

If you stop using your Company account, become unavailable to Company, or this TOS is terminated by Company for any reason, we may in our sole discretion assume direct control over any of your customers.

10. Support

We provide free technical support for the basic Products and Services, as set out on the Website, and paid technical support services in accordance with the paid support fees, as set out on the Website. By submitting a technical support request for any of the paid support services, you agree that we will subtract the support fees automatically from your Deposit or charge the payment method on file for your account if you have no available balance.

Technical support is provided on an "as-is" and "as available" basis, and is subject to the disclaimers of warranties and limitation of liability set forth in this TOS. We shall use reasonable efforts to provide technical support to you. If you request technical support, you agree to provide us with the full information we need based on your request and provide full access to your equipment and account. We retain the right to refuse to provide technical support to you if, in our judgment, your use of technical support exceeds that of similarly situated customers.

We provide no guarantees for the outcome of the technical support. You agree to request technical support and any technical interference or operation, provided by us, at your own risk.

11. Taxes

We charge VAT in accordance with the Bulgarian and EU VAT taxation policy, as follows:

- for non-EU clients: no VAT taxes are charged to the total amount due for the order; such clients should declare the debit in front of their local taxing officials and in accordance to their local taxing laws;

- for EU-based clients that have VAT registration: a VAT of 0.00% is applied; such clients should declare the debit in front of their local taxing officials and in accordance to their local taxing laws;

- for EU-based clients with no VAT registration: a VAT of 20% of the total net amount due is applied to all orders;

- for Bulgaria-based clients: a VAT of 20% of the total net amount due is applied to all orders;

- for all EU-based and Bulgarian clients: consult the latest update of the Bulgarian and EU VAT taxation policy, as we cannot guarantee the accuracy of the information posted here at any given moment.

12. Representations and Warranties

EACH PARTY WARRANTS THAT IT HAS THE POWER, AUTHORITY AND LEGAL RIGHT TO ENTER INTO THIS TOS, AND HAS THE POWER, AUTHORITY AND LEGAL RIGHT TO PERFORM ITS OBLIGATIONS UNDER THIS TOS AND ALL INCORPORATED PROVISIONS.

CUSTOMER REPRESENTS AND WARRANTS THAT IT HAS THE EXPERIENCE AND KNOWLEDGE NECESSARY TO USE THE PRODUCTS AND SERVICES, THAT IN ENTERING INTO THIS TOS, AND PERFORMING THE OBLIGATIONS SET FORTH HEREIN, CUSTOMER WILL NOT HAVE VIOLATED ANY APPLICABLE LAWS OR REGULATIONS, AND THAT YOU WILL PASS ON THE TERMS OF THIS TOS OR INCLUDE PROVISIONS AS PROTECTIVE OF OUR RIGHTS AS SET OUT HEREIN TO YOUR CUSTOMERS.

CUSTOMER REPRESENTS AND WARRANTS THAT IT OWNS THE ENTIRE RIGHT, TITLE AND INTEREST TO, OR HAS AN APPROPRIATE LICENSE TO USE, ALL MATERIALS PROVIDED TO COMPANY, OR WHICH MAY BE ACCESSED OR TRANSMITTED USING THE SERVICE. CUSTOMER ALSO WARRANTS THAT TO THE EXTENT IT DOES BUSINESS WITH OTHER PARTIES USING THE PRODUCTS OR SERVICES, THOSE PARTIES HAVE THE SAME OWNERSHIP INTERESTS IN THE MATERIALS PROVIDED TO CUSTOMER, OR ACCESSED VIA CUSTOMER, THAT ARE SET OUT IN THIS SECTION.

13.Disclaimers

COMPANY DOES NOT WARRANT THAT PERFORMANCE OF THE PRODUCTS, SERVICES, OR TECHNICAL SUPPORT OR THEIR USE WILL BE UNINTERRUPTED, ERROR FREE, OR THAT IT WILL NOT BE NECESSARY FOR YOU TO PROVIDE NOTICE OF ERRORS TO YOUR CUSTOMERS.

COMPANY WEBSITE PRODUCTS, SERVICES, AND/OR TECHNICAL SUPPORT, ARE PROVIDED "AS-IS" AND "AS AVAILABLE." COMPANY MAKES NO WARRANTY OF ANY KIND WHATSOEVER, EXPRESS, STATUTORY OR IMPLIED. ANY AND ALL WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING, WITHOUT LIMITATION: WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, SECURITY, ACCURACY, NON-INFRINGEMENT, AVAILABILITY, RELIABILITY, OR UNINTERRUPTED ACCESS, AND WARRANTIES ARISING THROUGH COURSE OF DEALINGS OR USAGE OF TRADE. THIS DISCLAIMER APPLIES TO ANY EXPENSES, DAMAGES OR INJURY, REGARDLESS OF THE CAUSE, WHETHER FOR BREACH OF CONTRACT, STRICT LIABILITY, NEGLIGENCE, OR FOR ANY OTHER CAUSE OF ACTION.

THIS WARRANTY DISCLAIMER EXTENDS TO ANY ORAL OR WRITTEN INFORMATION YOU MAY HAVE RECEIVED FROM COMPANY, ITS EMPLOYEES, THIRD-PARTY VENDORS, AGENTS OR AFFILIATES. YOU MAY NOT RELY ON SUCH INFORMATION.

SOME STATES DO NOT ALLOW COMPANY TO EXCLUDE CERTAIN WARRANTIES. IF THIS APPLIES TO YOU, YOUR WARRANTY IS LIMITED TO 90 DAYS FROM THE EFFECTIVE DATE FOR THE PRODUCT OR SERVICE.

14.Limitation of Liability

YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT UNDER ANY CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, HOLD COMPANY OR ITS LICENSORS, AGENTS, EMPLOYEES, OFFICERS AND/OR THIRD PARTY VENDORS, LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU, ANY OF YOUR END USERS OR ANY OTHER THIRD PARTY. YOU AGREE THAT THE FOREGOING LIMITATIONS APPLY WHETHER IN AN ACTION IN CONTRACT OR TORT OR ANY OTHER LEGAL THEORY AND APPLY EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; YOU AGREE THAT IN THOSE JURISDICTIONS COMPANY'S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

THE CUMULATIVE LIABILITY OF COMPANY TO YOU FOR ALL CLAIMS RELATED TO THIS TOS, INCLUDING ANY CAUSE OF ACTION SOUNDING IN CONTRACT, STRICT LIABILITY, TORT, NEGLIGENCE OR OTHER CAUSE OF ACTION SHALL NOT EXCEED THE AMOUNT OF 500.00 U.S. DOLLARS.

ALL DATA, INFORMATION, STATISTICS, OR OTHER DATA PUBLISHED ON OUR WEBSITE, AS WELL AS OUR ADVERTISING AND PROMOTIONAL MATERIALS, ARE FOR INFORMATIONAL PURPOSES ONLY. RESULTS OF USING OUR PRODUCTS OR SERVICES MAY VARY DEPENDING ON THE CUSTOMER. WE CANNOT BE HELD LIABLE FOR ANY ADVICE OR OPINION OF ANY MEMBER OF OUR STAFF AND NO STATEMENT ISSUED BY THE COMPANY STAFF SHALL BE DEEMED OFFICIAL CONSULTATION.

IF YOU ARE DISSATISFIED WITH COMPANY PRODUCTS OR SERVICES OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST COMPANY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE THE PRODUCTS OR SERVICE.

15. Indemnification

You agree to indemnify, defend and hold harmless Company and its parent, subsidiary and affiliated companies, third party service providers and each of 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 relating to: (i) your use of the Products or Service; (ii) any violation by you of any of Company's policies; (iii) any breach of any of your representations, warranties or covenants contained in this TOS; and/or (iv) any acts or omissions by you. The terms of this section shall survive any termination of this TOS.

We shall indemnify and hold you harmless from, and at our own expense agree to defend, or at our option to settle, any claim, suit or proceeding brought or threatened against you so far as it is based on a claim that the Service, Products or Website infringe any issued U.S. patent. This indemnification provision is expressly limited to aspects of the Service, Products or Website that are fully owned by Company. It does not extend to products or services provided by third parties even if incorporated into the Service, Products or Website. If set out in its agreements with third-party suppliers, Company shall flow down similar intellectual property indemnification provisions to you. This paragraph will be conditioned on your notifying Company promptly in writing of the claim and giving Company full authority, information, and assistance for the defense and settlement of that claim.

You shall have the right to participate in the defense of the claim at your expense. If such claim has occurred, or in Company's opinion is likely to occur, you agree to permit Company, at its option and expense, either to: (i) procure for you the right to continue using the Service, Products and Website; (ii) replace an individual component of the Service, Products or Website with a product or service, regardless of manufacturer, performing the same or similar function as the infringing aspect of the Service, Products or Website, or modify the same so that it becomes non-infringing; or (iii) if neither of the foregoing alternatives is reasonably available, immediately terminate Company's obligations (and your rights) under this TOS with regard to such Service and refund to you the price originally paid by you to Company for the Service, Products or Website, or the Deposit received by Company from Customer for the three month period immediately preceding the occurrence of the event on which the indemnification claim is based.

16. Force Majeure

Except for the obligation to make payments, neither Party shall be in default or liable for any loss or damage resulting from delays in performance or from failure to perform or comply with terms of this TOS due to any causes beyond its reasonable control. Such causes include but are not limited to: acts of God or the public enemy; riots and insurrections; war; fire; strikes and other labor difficulties (whether or not the Party is in a position to concede to such demands); embargoes; judicial action; lack of or inability to obtain export permits or approvals, necessary labor, materials, energy, components or machinery; acts of civil or military authorities; failure of telecommunications; or other casualty. The Party affected by such an occurrence shall notify the other Party as soon as possible, but in no event less than 2 business days from the beginning of the event. The obligations and rights of the excused Party shall extend on a day-to-day basis for the time period equal to the period of the excusable delay.

17. Confidential Information

During the term of this agreement and for two (2) years thereafter, neither party shall disclose any terms or pricing contained in this Agreement or any confidential or proprietary information disclosed by the other party. Confidential information shall remain the property of the disclosing party and shall be labeled as either "Confidential" or "Proprietary". Notwithstanding the foregoing, all information concerning either parties traffic volume or distribution, pricing, customer lists, code, and financial information is hereby deemed to be Confidential and Proprietary regardless of whether it is marked. Confidential or Proprietary Information may not be disclosed to any person or entity except for the recipient’s employees, contractors, consultants, lenders and/or financial advisors who have a need to know and who are bound in writing to protect the information from unauthorized use or disclosure. The term “Confidential Information” does not include any information which: (i) was already known by the receiving party free of any obligation to keep it Confidential at the time of its disclosure (ii) becomes publicly known through no wrongful act of the receiving party; (iii) is rightfully received from a third person without knowledge of any Confidential obligation; (iv) is independently acquired or developed without violating any of the obligations under this Agreement; or (v) is approved for release by written authorization of the disclosing party. Further, the recipient may disclose Confidential Information pursuant to a judicial or governmental request, requirement, or order. The recipient, however, shall take all reasonable steps to give the disclosing party sufficient prior notice to contest such request, requirement, or order. Confidential Information shall remain the property of the disclosing party and shall be returned to the disclosing party or destroyed upon request of the disclosing party. The recipient shall use the Confidential Information only for the purposes of this Agreement and shall protect it from disclosure using the same degree of care used to protect its own Confidential or Proprietary Information, but in no event less than a reasonable degree of care.

18. Privacy

Consult the Company Privacy Policy on the Website, incorporated by reference herein.

19. Terms of Use Changes

This TOS constitutes the entire agreement between Customer and Company and supersedes all prior agreements between Customer and Company. Company reserves the right to modify or revise the TOS at any time, and shall notify Customer about any changes by posting a notice in the Customer Area of the Website. The Customer is solely responsible for staying up to date with these conditions by visiting the Website regularly. Customer's disagreement with an amended provision or part of the TOS cannot be held as a reason for unilateral termination of this TOS.

20. Governing Law and Choice of Forum

This TOS shall be governed by and interpreted in accordance with the laws of the Commonwealth of the US State law of Virginia, without regard to the conflicts of law rules thereof. Any claim or dispute arising in connection with this TOS shall be resolved in the federal or state courts situated within the Eastern District of Virginia, USA. To the maximum extent permitted by law, you hereby consent to the jurisdiction and venue of such courts and waive any objections to the jurisdiction or venue of such courts.

21. Miscellaneous

You agree that Company may provide notices and other communications to you solely by means of email, posting on the Website, or other electronic transmission. You may find our contact information on the Website.

In the event that any terms of this TOS is held unenforceable by any court of competent jurisdiction, such terms shall be null and void and shall be deemed deleted from this TOS. All remaining terms shall remain in full force and effect.

No waiver of rights under this TOS shall constitute a subsequent waiver of this or any other right under this TOS.

This TOS may be assigned by Company. It may not be assigned by Customer. This TOS shall bind and inure to the benefit of the corporate successors and permitted assigns of the Parties.

This TOS does not create any agency, partnership, joint venture, or franchise relationship. Neither Party has the right or authority to create any obligation of any nature whatsoever on behalf of the other Party or bind the other Party in any way whatsoever.

The following paragraphs shall survive the expiration or termination of this TOS: 12, 13, 15, 20, 21.