Comprehensive Legal Framework Governing Service Utilization
Last Revised: 5 March 2025 | Effective Immediately Upon Publication
Welcome to Obscuraworks, Inc. ("Company", "Provider", "we", "us", or "our"), a Delaware-registered corporation with principal offices at Jombang, Indonesia. These legally binding Terms of Service ("Agreement", "Terms", or "ToS"), in conjunction with our Privacy Policy (accessible at [Privacy Policy URL]), Acceptable Use Policy (AUP), Service Level Agreement (SLA), Data Processing Addendum (DPA), and all ancillary documentation (collectively, the "Governing Documentation"), constitute the entire understanding between you ("User", "Customer", "Client", or "you") and Obscuraworks regarding your access to and utilization of our comprehensive suite of digital services, including but not limited to business acceleration platforms, virtual private server (VPS) hosting solutions, domain name registration services, cloud computing infrastructure, content delivery networks (CDNs), application programming interfaces (APIs), and all associated software, tools, and functionalities (collectively, the "Services").
BY ACCESSING, BROWSING, OR OTHERWISE UTILIZING ANY PORTION OF OUR SERVICES, YOU EXPLICITLY ACKNOWLEDGE THAT YOU HAVE READ, COMPREHENDED, AND IRREVOCABLY CONSENT TO BE LEGALLY BOUND BY ALL STIPULATIONS CONTAINED WITHIN THIS AGREEMENT. SHOULD YOU FIND THESE TERMS UNACCEPTABLE, YOU MUST IMMEDIATELY CEASE ALL USE OF OUR SERVICES AND DISCONTINUE ANY ACCESS TO OUR DIGITAL PROPERTIES.
For purposes of this Agreement, the following capitalized terms shall have the meanings ascribed below:
By utilizing our Services, you represent and warrant that you: (i) are at least eighteen (18) years of age or the age of majority in your jurisdiction; (ii) possess full legal capacity to enter binding contracts; (iii) are not barred from receiving services under applicable laws; and (iv) are not a designated individual or entity on any government exclusion lists.
Access to certain Service functionalities requires completion of our mandatory registration protocol. You covenant to: (a) provide accurate, current, and complete registration information; (b) maintain and promptly update such information; (c) implement commercially reasonable security measures for your authentication credentials; (d) accept full responsibility for all activities occurring under your account; and (e) immediately notify our Security Operations Center (SOC) of any unauthorized access or security breaches.
We reserve the unilateral right to: (x) require additional identity verification documentation; (y) temporarily suspend accounts pending verification; and (z) terminate accounts that fail verification processes, all without liability.
While we endeavor to maintain 99.9% uptime as specified in our SLA, you acknowledge that: (1) temporary service interruptions may occur; (2) scheduled maintenance windows are necessary; and (3) we cannot guarantee uninterrupted or error-free operation given the inherent nature of internet-based services.
You are solely responsible for ensuring your systems meet minimum technical specifications for Service compatibility, including but not limited to: supported browsers, operating systems, hardware configurations, and network connectivity standards as published in our Technical Requirements Documentation.
We expressly reserve the right, at our sole discretion and without prior notice, to: (a) modify, enhance, or discontinue any Service feature; (b) impose usage limits or quotas; (c) alter pricing structures; and (d) introduce new policies or requirements.
In addition to all restrictions enumerated in our Acceptable Use Policy (AUP), you expressly covenant not to engage in, nor permit any third party to engage in, the following activities:
Violation of this Section constitutes material breach of this Agreement and may result in immediate service termination, civil liability, and referral to appropriate law enforcement authorities.
All Services are provided pursuant to the fee schedules published on our website or as specified in executed Order Forms. You acknowledge that: (i) fees are subject to change with thirty (30) days prior notice; (ii) taxes, regulatory fees, and third-party costs may be passed through; and (iii) promotional pricing is temporary and non-renewable.
You shall: (a) maintain valid payment credentials on file; (b) authorize recurring charges for subscription services; (c) pay all invoices within fifteen (15) days of issuance; and (d) be responsible for any collection costs, legal fees, or penalties associated with delinquent payments.
Except where mandated by applicable law, all fees are non-refundable. Service Credits issued pursuant to our SLA represent the sole and exclusive remedy for service interruptions.
Billing disputes must be submitted in writing within thirty (30) days of invoice date. Failure to timely dispute constitutes waiver of all claims related to such invoice.
We retain all right, title, and interest in and to: (i) the Services and all underlying technology; (ii) all modifications, enhancements, and derivative works; and (iii) all intellectual property rights therein. No title or ownership transfers to you under this Agreement.
Subject to full compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services solely for your internal business operations during the Term.
You retain ownership of content you upload or create ("User Content"). By submitting User Content, you grant us a worldwide, royalty-free license to use, reproduce, and display such content solely for Service provision purposes.
We comply with the Digital Millennium Copyright Act. Copyright infringement claims should be directed to our designated agent at [DMCA Agent Contact Information].
We implement industry-standard technical and organizational measures including: (a) encryption in transit and at rest; (b) regular security audits; (c) access controls; and (d) incident response protocols. However, you acknowledge that no security system is impenetrable.
Where we process Personal Data on your behalf, the Data Processing Addendum (DPA) incorporated herein by reference shall apply and governs our respective obligations under applicable data protection laws.
Upon thirty (30) days written notice and no more than annually, we will make available to you documentation reasonably necessary to demonstrate compliance with data protection obligations.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT.
IN NO EVENT SHALL OBSCURAWORKS, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR REPUTATIONAL HARM, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY SHALL IN NO EVENT EXCEED THE FEES PAID BY YOU DURING THE SIX (6) MONTHS PRECEDING THE CLAIM.
The disclaimers and limitations herein form an essential basis of the bargain between the parties and would be substantially different absent such provisions.
Either party may terminate this Agreement: (i) for material breach upon thirty (30) days written notice if uncured; or (ii) immediately for violations of Sections 4 (Prohibited Conduct) or 7 (Data Protection). We may further terminate for non-payment after fifteen (15) days delinquency.
Upon termination: (a) all rights and licenses terminate immediately; (b) you must cease all Service use; (c) we may delete your data per our Data Retention Policy; and (d) all unpaid fees become immediately due.
Sections 6 (Intellectual Property), 8 (Liability), 10 (Indemnification), and 12 (General Provisions) shall survive termination.
You shall defend, indemnify, and hold harmless Obscuraworks from all third-party claims arising from: (i) your breach of this Agreement; (ii) your User Content; or (iii) your violation of applicable laws.
We will defend you against claims alleging that the Services infringe third-party intellectual property rights, subject to the limitations in Section 8.
The indemnified party must: (a) promptly notify the indemnifying party; (b) provide reasonable cooperation; and (c) permit sole control of the defense, provided that no settlement admitting liability may be made without consent.
Prior to initiating formal proceedings, the parties agree to attempt to resolve disputes through good faith negotiations between designated executives with settlement authority.
Except for claims seeking injunctive relief, all disputes shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall be conducted in Delaware before a single arbitrator. Judgment may be entered in any court of competent jurisdiction.
All claims must be brought in the parties' individual capacities, and not as plaintiffs or class members in any purported class or representative proceeding.
This Agreement shall be governed by Delaware law without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Neither party shall be liable for failure or delay in performance due to Force Majeure Events beyond reasonable control.
You may not assign this Agreement without our prior written consent. We may assign this Agreement in connection with a merger, acquisition, or sale of assets.
All notices must be in writing and delivered via certified mail or overnight courier to our corporate headquarters, with a copy via email to [email protected].
No waiver of any provision shall be effective unless in writing. Failure to enforce any right shall not constitute waiver.
If any provision is held invalid, the remainder shall remain in full force and effect.
This Agreement constitutes the entire understanding between the parties regarding its subject matter and supersedes all prior agreements.
For all legal notices or service of process:
Obscuraworks, Inc.For general inquiries:
BY CONTINUING TO USE OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED THIS AGREEMENT IN ITS ENTIRETY, UNDERSTAND ITS TERMS, AND AGREE TO BE BOUND BY ALL ITS PROVISIONS.