Terms of Use for Services

These Terms of Use for Services (hereinafter – the "Terms") form an integral part of the User Agreement (hereinafter – the "Agreement") with the company OÜ «Excess Channel», registered address: Tallinn, Estonia (hereinafter – the "Service Provider" or "Excess Channel"). The Terms describe actions or omissions of the Customer that may cause harm to the Service Provider, its representatives, equipment, clients, or other third parties.

1. Prohibited Conduct

The Customer shall not use the Services or the Service Provider's equipment to cause harm to the Service Provider, its clients, or third parties, to violate any applicable law (including the laws of the Republic of Estonia and the European Union), or to facilitate such violations. Such actions or omissions by the Customer include, but are not limited to:

• 1.1 Actions that violate applicable legal provisions, contradict orders of executive authorities, or contravene local regulations applicable to the Parties;
• 1.2 Actions aimed at disrupting the normal functioning of elements of a local area network or the Internet (including computers, other equipment, or software) not owned by the Customer;
• 1.3 Violation by the Customer of occupational health and safety rules, fire safety regulations, or other rules and local normative acts of the Service Provider;
• 1.4 Failure by the Customer to comply with an order issued by competent authorities;
• 1.5 Actions or omissions by the Customer that result in losses or damages to the Service Provider or third parties;
• 1.6 Disruption of the normal functioning of Internet network elements (computers, other equipment, or software) not owned by the Customer;
• 1.7 Use by the Customer of equipment located in data centers in violation of technical operating rules, and/or use of equipment lacking mandatory licenses or certificates (as required under Estonian and EU laws);
• 1.8 Storage, publication, transmission, reproduction, distribution by any means, or use in any form of software or other protected intellectual property or means of individualization without the permission of the rights holder;
• 1.9 Failure by the Customer to provide a response to the Service Provider regarding a complaint received from a third party alleging infringement of the third party's intellectual property rights by the Customer, within the period specified by the Service Provider (ranging from 1 to 14 calendar days from the Customer's receipt of such complaint). The Customer's response must contain explanations addressing the claims made in the third party's complaint; otherwise, the Customer's response shall be deemed not provided to the Service Provider;
• 1.10 Storage, publication, transmission, reproduction, distribution by any means, or use in any form of software or other materials containing viruses or other malicious components;
• 1.11 Carrying out actions that directly or indirectly involve mass mailing or facilitating mass mailing of emails or any other type of messages (upon detection of such actions, restriction of Services to the Customer occurs automatically);
• 1.12 Distribution, publication, or other processing of information that contradicts the requirements of applicable laws of Estonia and the European Union, or that violates the rights of third parties;
• 1.13 Advertising of services, goods, or other materials whose distribution is restricted or prohibited by applicable law;
• 1.14 Falsification of technical credentials issued by the Service Provider when transmitting data to the Internet;
• 1.15 Use of non-existent return addresses when sending emails or other messages;
• 1.16 Actions aimed at obtaining unauthorized access to equipment or an information resource not owned by the Customer, subsequent use of such access, or destruction or modification of software or data not owned by the Customer, without the consent of the owners of such software or data, or the administrators of such information resource. For the purposes of these Terms, "unauthorized access" means access by any method other than that intended by the resource owner;
• 1.17 Transmitting to third-party computers or equipment any meaningless or useless information that creates excessive or parasitic load on such computers, equipment, or intermediate network segments, in volumes exceeding the minimum reasonably required for testing network connectivity and availability of individual network elements;
• 1.18 Scanning network nodes to discover internal network structures, security vulnerabilities, lists of open ports, etc., without the express consent of the owner of the resource being scanned;
• 1.19 Violation of information security requirements that threatens the functioning of other (non-Customer-owned) resources on a local or global computer network;
• 1.20 Use of default passwords in software;
• 1.21 Use of outdated and/or vulnerable mail server software;
• 1.22 Sending emails from addresses that do not belong to the Customer's network or domain.

2. Prohibited Use in High‑Risk Situations

The Customer shall not use the Services in any situation where the provision of Services may pose a threat to the security or defense capabilities of the state (including the Republic of Estonia), to human health or safety, or where any malfunction of the Service could cause serious bodily harm or significant environmental damage.

3. Invalid or Unverifiable Registration Data

The Customer is not entitled to use the Services if incorrect or false data is provided during registration in the Control Panel, including in the following cases:

• 3.1 The Service Provider is unable to identify the Customer, including where there is suspicion of providing false information;
• 3.2 The data provided by the Customer is not found in the Estonian Commercial Register (Äriregister);
• 3.3 The Customer fails to provide additional information or fails to confirm the information provided during registration in the Control Panel upon the Service Provider's request, within 14 (fourteen) calendar days from the date the first request was sent.

4. Breach of Payment Terms

The Customer may not use the Services in the event of a breach of payment deadlines or conditions, or in the case of insufficient funds to renew the Services, including:

• 4.1 Unjustified chargebacks or reversals of payments made by the Customer;
• 4.2 Receipt by the Service Provider of claims or disputes regarding transactions from payment systems or payment instrument holders.

5. Unremediated Security Vulnerabilities

The Customer is not entitled to use the Services if it fails to timely remediate vulnerabilities discovered during security compliance checks.

6. Government Orders

The Customer shall not use the Services if it receives an order or instruction containing a requirement to cease using the Services from a governmental authority of Estonia or the European Union that regulates such relationships and possesses the relevant legal authority.

7. Services Ordered in Regions Outside Estonia

When ordering Services in regions other than Estonia, the Customer is obliged to comply with both the laws of the Republic of Estonia and the EU, as well as the laws of the region in which the Customer has chosen to receive the Service. The processing of personal data is carried out in accordance with the EU General Data Protection Regulation (GDPR). The Customer acknowledges that information hosted on infrastructure located in other regions may be inaccessible to users within the territory of the European Union in accordance with local laws.

8. Service Provider's Remedies for Violations

If the Customer violates these Terms (including through negligence) or if, in the Service Provider's reasonable opinion (including as confirmed by the Service Provider's security systems), the Customer's use of the Services may lead to a violation of law, cause harm to the Service Provider and/or third parties, or disrupt the technical and software systems of the Service Provider or third parties, then for the purpose of protection, the Service Provider has the right to:

• Suspend and/or restrict the provision of Services to the Customer (including by implementing automatic traffic filtering);
• Block access to the Control Panel;
• Reject the Customer's request for a new Service;
• Reject the Customer's request for renewal of an existing Service.

In the event of a repeated breach, or if the Customer fails to remedy the violations during the period of service suspension within the time period set by the Service Provider, the Service Provider has the right to terminate the Agreement unilaterally and out of court.

9. Reversal of Service Provider's Actions

The actions taken by the Service Provider under Section 8 may be reversed following negotiations between the Service Provider and the Customer, provided that the Customer remedies the circumstances that gave rise to such actions. For the purpose of reversing the actions set forth in Section 8, the Service Provider may request additional information and verification of the Customer's identity, including by requiring the Customer to send a photograph of themselves holding their passport or another identity document in accordance with the laws of Estonia.