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TERMS OF SERVICE

SG Mining Pte Ltd of UEN 201727160K (hereinafter referred to as “Sg Mining”) provides cryptocurrency mining hosting services to miners in Singapore. The following terms of service are designed to provide the highest level of service available.

1. General

Hosting (specifically cryptocurrency mining rig hosting) is intended for the customer’s use only. Customer may not sublet, sublease, subhost, or give away any portion of the hosting services to anyone other than the customer. Examples include: resale of hosting service for other people (for profit or otherwise), hosting of mining rigs that are not directly owned by the customer, etc. Doing so will result in immediate hosting termination.  

2. Resource-intensive Mining Rigs

Any mining rig that utilises a higher than accepted amount of resources (such as, but not limited to, bandwidth, electrical consumption, network resources) compared to the standard norm of that mining rig variant will be given the option to reduce the resource utilisation to an acceptable level, or upgrade its rig hosting service to a higher plan that can accommodate the mining resource usage. Mining rigs constantly found abusing resources will have its hosting service suspended and/or terminated.

3. Housing of any of the following files is considered a violation of the terms of service

Customers are not allowed to use the mining rig hosting service for the purpose, in any part thereof, to host servers (such as, but not limited to, web servers, email servers, FTP servers, identity servers or file servers) using the hardware resources of their mining rig. All services provided by SG Mining are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any local or international law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The customer agrees to indemnify and hold harmless SG Mining, from any claims resulting from the customer’s use of SG Mining’s services which damages the customer or any other party.

 

Examples of prohibited files (i.e. in the form of website material, domain names, or links) include, but are not limited to, the following:

  • IRC software
  • Pirated software
  • Hacking sites, programs or archives
  • Warez sites
  • Phishing sites
  • Distribution of music files or any other material in which the account holder does not ownthe copyright
  • Adult sites
  • Pharmaceuticals/Drug Sites
  • Game Servers (dedicated game server programs)
  • Engaging in or promoting behavior that is defamatory, harassing, abusive or otherwise objectionable

The responsibility for ensuring compliance to illegal or unlawful activities rests primarily with the customer. SG Mining will not, as a standard practice, monitor its customers to ensure that they comply with this policy or any applicable laws. However, when SG Mining becomes aware of these activities, action may be taken to suppress these activities, including but not limited to, removing the information, shutting down a hosting account, or any other action deemed appropriate. SG Mining reserves the right to directly take action against a customer in violation of these policies.

SG Mining also reserves the right to take action against the SG Mining customer because of activities of a customer of the customer. Any SG Mining customers will cooperate with SG Mining in any corrective or preventive action that SG Mining deems necessary. Failure to do so is a violation of SG Mining’s policy.

Sg Mining expects that its customers who utilize our hosting services to comply fully with all applicable laws. A customer’s failure to comply with any laws will violate SG Mining policy. In subscribing to services from SG Mining, customers indemnify SG Mining for any violation of the service agreement, law, or SG Mining policy, that results in loss to SG Mining or the bringing of any claim against SG Mining by any third-party. This means that if SG Mining is sued because of a customer’s activity or customer, the customer will pay any damages awarded against SG Mining, plus costs and reasonable attorneys’ fees.

To report cases of web content originating from a mining rig being hosted by SG Mining, please send an email to contact@mining.sg, and an investigation will be conducted. Mining rig owners in violation of any local or international law will not be condoned and will have their hosting services suspended and/or terminated and the matter reported to the police.

  • IRC – IRC, Egg Drops, BNC, or IRC bots are not to be operated on any mining rig. Files with references to IRC or any likeness thereof are also prohibited. Any program that acts like an IRC server or that provide chat functions that run as background processes are not allowed.

 

  • Proxies – We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.

 

  • PortScanning – We do not allow any kind of portscanning to be done on or from our servers or network.

 

  • ShoutCast Servers – We do not allow Shoutcast Servers due to bandwidth and load issues.

 

  • Background Running Programs – We ask that users request permission before enabling any persistent background processes of substantial load. Unauthorized background processes may result in immediate suspension of the hosting account. SG Mining maintains the right to cancel accounts at its discretion.

 

  • PHP Shell – PHP Shells or any likeness thereof are prohibited. Files with any reference to PHP Shells or likeness thereof are prohibited.

 

  • SG Mining will be the sole arbiter as to what constitutes a violation of this provision. Any violation found will have the hosting service suspended and/or terminated.

4. Network Abuse

Any attempts to undermine or cause harm to SG Mining network or any mining rig being hosted by SG Mining is strictly prohibited including, but not limited to:

  • Logging into or accessing another any mining rig that you are not authorized to access
  • Accessing data or taking any action to obtain services not intended for you or your use
  • Attempting to probe, scan or test the vulnerability of any system, subsystem or network
  • Tampering, hacking, modifying, or otherwise corrupting or breaching security or 
authentication measures without proper authorisation
  • Transmitting material that contains viruses, Trojan horses, worms, time bombs, 
cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of the System
  • Interfering with, intercepting or expropriating any system, data or information
  • Interfering with service to any user, host or network including, without limitation, by 
means of overloading, “flooding,” “mailbombing,” or “crashing” any computer system

You will be held responsible for all actions performed by your mining rig whether it be done by you or by others. All hosting customers must adhere to the above policies.

5. Scheduled Maintenance and Downtime

SG Mining will use its commercially reasonable efforts to provide services 24 hours a day, 7 days a week. Customer acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades (“Scheduled Downtime”); or service malfunctions, and causes beyond SG Mining’s control or which are not reasonably foreseeable by SG Mining, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks (e.g. denial of service attacks), or network congestion or other failures. SG Mining will provide at least 48 hours advance notice to the customer for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. SG Mining has no responsibility for downtime resulting from a user’s actions.

6. Reinstatement and Restoration for Terminated Accounts:

Clients have the responsibility to ensure that their hosting services are paid duly. For reinstatement and restoration services for terminated accounts, each request will be
chargeable up to S$150. Reinstatement and restorations of the account will be subjected to SG Mining’s approval.

7. Customer’s data

SG Mining is not responsible for data loss or for data loss due to third party software that is not maintained and managed by SG Mining.

Clients have the full responsibility for all files and data and are to maintain their own appropriate backup to safeguard their data. SG Mining is not responsible for the data residing on your mining rig hardware.

SG Mining will not be liable for any data loss that are not within our control, such as in the events of hardware failure, time difference between backed up data and point in time of failure.

8. Refunds

Refunds will be given at the discretion of the Company Management. All fees outside of our 7- day money back guarantee are non-refundable and non-negotiable for all purposes.

 

7-Day Money Back Guarantee

At SG Mining, your satisfaction is our top priority and we strive to provide the best service we can. However, if you have tried us and decide that our hosting facility does not sufficiently meet your needs, you may cancel within 7 days for a refund. The 7-day money back guarantee only pertains to mining rig hosting plans and only to your hosting service.

Any setup or delivery fees are NON-refundable.

For any billing discrepancies, customers can request a refund or credit note for the amount overcharged, within 14 days from the date when payment is made.

Any violation of SG Mining’s Terms of Service Agreement shall result in no refund.

9. Limitations on Use (Electrical Consumption / Bandwidth)

Any mining rig using 20% or more of the network bandwidth or electrical consumption compared to the standard norms may have its hosting service suspended and/or terminated. 

Misuse of network resources, such as running programmes that consume excessive amounts of network bandwidth or electrical consumption is not allowed. SG Mining reserves the rights to suspend or terminate any hosting service accounts found to have installed and running any such unauthorized programmes/software/applications in any of the mining rigs. 

10. Fair use on Bandwidth / Electrical Consumption

SG Mining does not set exact arbitrary limits on the exact amount of resources a Customer can use. In good faith and subject to these Terms, SG Mining makes every commercially-reasonable effort to provide its Customers with the resources needed to power their mining rigs successfully, as long as the Customer’s usage complies with these Terms. By not setting exact arbitrary limits on resources, SG Mining is able to provide simple, consistent pricing to Customers for their rig hosting.

In order to ensure a consistent and quality experience for all Customers, SG Mining has automated safeguards in place to protect against any one mining rig from consuming too much resources, and adversely impacting the other Customers until SG Mining can evaluate said rig’s resource needs. SG Mining’s offering of services is not intended to allow the actions of a single or several Customers to unfairly or adversely impact the service experienced by other Customers.

To prevent excessive resource usage in a shared environment, and to maintain the quality of hosting service for each shared hosting customer, bandwidth usage and electrical consumption is checked daily, and successive abusers will be required to upgrade their plans, or failing that, may be subjected to immediate account suspension.

11. Account Setup, Termination, and Billing

Upon submission and confirmation of your order, SG Mining reserves the right to process your order and invoice you for the fees. The fees will be charged on the day the order is processed, regardless of the services’ activation date. However the hosting duration will only commence once the rig has arrived at our hosting facility and connected to power and internet connectivity. An invoice will be send to customers’ email on file when the hosting service is due for renewal. If you wish to terminate your account, contact our billing department for termination, and upon verification, your invoice and related subscription services will be stopped. Termination requests should be made with 1 month notice in advance. Customers may be billed for, on a pro-rated basis, for any outstanding charges.

Cheque Orders: Accounts for customers who wish to pay by cheque will be setup when the cheque is processed by the bank and funds are received.

Suspension of accounts due to overdue payment: Service will be suspended if payment is not received at least 3 days before the due date or 1st day of the next hosting cycle, whichever is later. If your service has been suspended, you may be charged an administration fee of up to $150 in order to re-enable the service.

Termination of service due to overdue payment: If the invoice is not paid within 7 days after the due date, the hosting service account will be suspended and the mining rig taken off the shelves and kept in storage. After a grace period of 30 days, if no request for collection of the mining rig is attempted by the customer through written means (such as, but not limited to, messenger apps, email, registered letter mail or SMS), SG Mining reserves the right to terminate the account. Upon termination of the hosting service, SG Mining provides a further 7-day grace period for the collection of the hardware from the mining farm. If the customer is unable to collect the hardware within the 7-day grace period, SG Mining reserves the right to liquidate the hardware should the customer becomes uncontactable and/or not make payment for the overdue storage fee to offset the amount owing to SG Mining. Prior to the liquidation of the hardware, SG Mining will provide an email notification to the customer. SG Mining reserves the right to invoice you for subscription fees, should there be no termination requests for the hosted services before they expire.

Cancellation Procedure: Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, billing information or other payment information, or verification of contact information that was recorded on file.

Resuming service after suspension: Customer will still be required to pay for the hosting charges incurred during the suspension period of the product. SG Mining will not offer any form of product fees reduction for the period of suspension. SG Mining reserves the right to charge reactivation fees for services that are resumed after the suspension or termination phase.

12. Service Level Agreement (SLA) – Network

SG Mining’s goal is to achieve 100% Mining Availability for all customers.

 

Subject to the exceptions below, if the Mining Availability of customer’s mining rig is less than an optimal up-time of 90%, SG Mining will provide troubleshooting services to increase the up-time within a commercially reasonable budget and duration.

 

Exceptions: Customer shall indemnify SG Mining from any fault or liability under this SLA in connection with any failure or deficiency of Mining Availability caused by or associated with:

 

1. Circumstances beyond SG Mining’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software, or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA.

2. Failure of access circuits to SG Mining networks, unless such failure is caused solely by SG Mining

3. Scheduled maintenance and emergency maintenance and upgrades

4. Third-party digital or physical attacks on SG Mining servers, networks, and data centres, such as distributed denial of service (DDoS) attacks, or other forms of attacks or hacking.

5. DNS issues outside the direct control of SG Mining

 

6.Issues with setup of services e.g. HTTP , FTP , POP , IMAP , or SMTP

 

7. False SLA breaches reported as a result of outages or errors of any SG Mining measurement system

 

8. Customer’s acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc), any negligence, willful misconduct, or use of the Services in breach of SG Mining’s Terms and Conditions and Acceptable Use Policy
9. Customer’s software causing a unreasonably high level of resource usage
10.Third party mining rigs’ hardware issues/failure

13. Service Level Agreement (SLA) – 24/7 Miner Support

SG Mining offers 24/7 support for its hosting customers. For Third party mining rigs (mining rigs not manufactured or sold by SG Mining), the support provided covers only services related to the Customer’s hosting subscriptions with SG Mining, and does NOT include application support such as miner software troubleshooting issues or mining pool link downtime.

SG Mining has a “6-hour resolution time” motto which applies to most hosting-related issues that are within our control. Third party mining rigs, which are rigs not manufactured and sold by SG Mining, do not enjoy this benefit unless configuration of the mining rig has been done by SG Mining, operating on SG Mining’s software. Resolution time may also vary due to more complex issues, and in these cases, the Customer will be informed by SG Mining’s support/technical team.

14. Limitation of Damages/Insurance Coverage 

Recovery of damages from SG Mining may not exceed the amount of fees it has collected on the account.  

Insurance coverage will be provided for all rigs hosted by SG Mining. This coverage is primarily Fire damage and theft. In the event of an approved compensation, the payout value will be based on the invoice value or market value, minus any depreciation of equipment. This is further subjected to assessment by the insurance company.  

Only the mining rigs’ hardware are insured at replacement value. Damage to the software will not be insured. The policy will also not pay for any financial losses incurred be it due to mining downtime or otherwise.

15. Prices and Quotations

Any quotations and prices provided by SG Mining are accurate up to 30 days from the date of the invoice sent to the recipient, unless explicitly stated in writing on the same documentSG Mining reserves the right to provide updated sales quotations after the validity period. 

Unless stated otherwise, the Singapore Goods and Service Tax will be borne by the customer as and when the company is GST registered. 

For telegraphic transfers, do note that SG Mining will not bear any underlying bank charges for the payment processed. Please check with your respective banks for any additional charges levied on such transfers. 

16. Security Policies

Physical Security: Our mining farms are in secure facilities that are located in areas with no history of natural disasters such as earthquakes, fires, floods, etc.

  • 7x24x365 Security. Our mining farms are guarded around-the-clock by private security guards.
  • Video Monitoring. Our mining farms are monitored around-the-clock with security
    cameras.
  • Controlled Entrance. Access to our mining farms are restricted, and only pre-authorized
    personnel can enter.

Network Security: We protect our network against sophisticated electronic attacks.

People Security: We focus not just on the technology but on people as well. Policies about escalation, management, and daily operations are well-defined to manage security risks.

  • Authorisation: Only employees with the required clearance have access to our mining farms
  • Restriction: Only employees who need access to customers’ data (such as for troubleshooting) are given passwords and keys.
  • Auditing: Regular audits are conducted on our processes and reviewed by management.

17. Notification of Transfer of Hosting Service Ownership

Please note that any changes to the owner and/or billing information stored on file must be informed in writing to us. SG Mining will not be liable for any inability to contact the owner due to a failure of outdated information.

18. Monthly E-Magazine Mailing List

By signing up for a billing account, you agree to be subscribed to our company’s mailing list. This list will be used to announce any maintenance, scheduled down-times, promotions, updates to our products, and similar topics. You can unsubscribe from the mailing list at any time.

19. Provisions Specific to Reseller Hosting

Definition of Reseller: Specific to this article, a Reseller is defined as a party reselling SG Mining’s services.

SG Mining Authorized Hosting Services Resellers: SG Mining offers reseller hosting services, and such services may be subjected to the terms and conditions of the resellers. Pricing, discounts and promotions provided are determined solely by the resellers and SG Mining does not exact any forms of control or influence to the rig hosting services fulfilled. For any terms and obligations with regards to SG Mining services purchased through such resellers, it is solely determined and set by the specific reseller.

SG Mining does not make any forms of representations or guarantees with regards to the availability or uptime provided by the reseller. Transactions between resellers and you solely form a relationship between you and the provider, and SG Mining will not be involved in any forms of interactions. SG Mining is not a point of contact or representative of you or the reseller by any means. This includes legal actions against such resellers, and SG Mining will not be held liable or be obligated to provide any information or assistance.

 Dispute Resolution: All resellers agree that if a dispute arises from one of the clients hosted under SG Mining’s reseller plans, the reseller will indemnify, defend and hold SG Mining harmless against any legal actions or expenses from such a dispute. 

Representation of Reseller: In any situations where a reseller is uncontactable for any reasons that are within or not within their control, SG Mining may step in to assist the affected parties, to our own discretion.

20. SG Mining as a Reseller

SG Mining acts as a reseller for certain third party services that are used in conjunction with SG Mining related services. SG Mining shall not be responsible for any changes in the third party services that causes the third party services to affect any of SG Mining related services.

21. General

Terms Of Service are subject to change without any prior notification. Anything not listed in the Terms of Service is open to interpretation and change by SG Mining management without prior notice. These Terms of Service are a legally binding contract between the customer and SG Mining. By opening an account, the customer agrees to the above-stated terms.

All prices, with the exception of the 7-day money back guarantee, are non-refundable and non-negotiable. 

The 7-day money back guarantee only pertains to cryptocurrency mining hosting plans.

Any violation of these Terms of Service will result in termination of the account. SG Mining maintains the right to terminate accounts without prior notification.

We reserve the right to remove any hosting service with 7 days prior notice via email or by other means.

The above stated Terms of Service is last updated on 28th February 2018.