This document (the "Agreement") sets forth the principles, guidelines and requirements of the Terms of Service of VPS6.NET, LP (the "Company") governing the use by the customer ("Customer") of the Company's services and products ("Services and Products"). These Terms of Service have been created to promote the integrity, security, reliability and privacy of the Company's facilities, network, and Customer data contained therein. The Company believes that it provides exceptional services in the industry, and provides the following policies in the absolute best interests of the Company and the Company's clients.
The Company retains the right to modify these Terms of Service at any time, and any such modification published at https://vps6.net/terms.php shall be automatically and retroactively applied to all clients. The Company shall be the sole and final arbiter as to the interpretation of the following. By utilizing the Company's Services and Products, the Customer agrees to be bound by the terms outlined here.
2. Compliance with the Law
The Customer shall not post, transmit, re-transmit or store material on or through any Services or Products which, in the sole judgment of the Company (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, "Persons") or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by Customer. The Customer agrees to indemnify and hold harmless the Company from any claims resulting from the use of the services which damages the Customer or any other party. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products.
3. Charges & Billing
You agree that VPS6.NET, LP shall be permitted to charge your credit card on a monthly basis in advance of providing its services or as needed for prepayments, for your subscription fee, any applicable sales taxes, and any other charges you may incur in connection with your use of VPS6.NET, LP services. The monthly subscription fee is billed in full on the first day of your paid subscription and monthly thereafter, unless and until you cancel your subscription. If your billing date lands on a day not contained in a given month, you will be billed on the last day of that month.
Prepayments will be billed to your card within 24 hours of their receipt. Prepayments are entitled to a refund if the customer requests a cancellation during the first month of service; the remaining months (minus the cost of the first month) will be credited back to the customer?s account. Any remaining balance on a customer?s account may only be used for VPS6.NET, LP services and will not be refunded.
VPS6.NET, LP is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by VPS6.NET, LP. Currency exchange settlements will be based on agreements between you and the provider of your credit card. In addition, we do not give pro-rated refunds for unused time if cancellation is initiated during the middle of a billing cycle. We reserve the right to change our fees, but will notify you in advance of increases.
All charges are non-refundable unless expressly stated otherwise, or otherwise provided by applicable law. The costs of any returns, if permitted, will be at the expense of the Customer, unless otherwise provided by applicable law.
4. Service Level Agreement ("SLA")
4.1 99.99% Network Uptime
VPS6.NET, LP guarantees the network availability of our public Internet networks to be above 99.99%. In the event that any of our networks do not experience 99.99% network uptime in a given month, VPS6.NET, LP will refund 5% of the Customer's monthly service fees for those servers affected, for each 60 minutes of network downtime experienced (up to 100% of the monthly service fees for those servers affected).
4.2 100% Hardware Availbility
VPS6.NET, LP guarantees the reasonable availability of CPU, RAM, disk, and network resources for VPS clients. In the event that our hardware is overloaded or otherwise unable to accommodate the Customer, the lost time shall be treated like "network downtime," as above in Section 4.1, and the same terms will apply. The section "Network Performance" of our AUP
provides guidelines for reasonable and appropriate use of our hardware.
a. Any scheduled downtime for hardware or software maintenance will not apply towards this downtime calculation. This SLA does not apply to any software or services running inside Customers's server, nor to the Customer's server directly; it applies only to downtime caused by instability of the host server.
b. This SLA does not apply in any situation where downtime is caused by, or could have been prevented by, the Customer.
c. This SLA will not apply in circumstances where downtime has been caused by forces beyond the Company's control, for example carrier outages and natural disasters.
a. All SLA claims must be filed by opening a ticket in the Client Area (https://vps6.net/my/
) within 7 days of the incident. The ticket must include all relevant information including the Customer's hostname, IP address, a full description of the incident, and any logs (if applicable). All SLA credits will be issued as service credits against future invoices.
b. Network downtime is measured from the time the network is 100% unreachable until connectivity has been restored. Any scheduled downtime or network maintenance will not apply towards this downtime calculation. The 99.99% Network Uptime guarantee does not apply to any software or services running on a client's server, nor to any hardware within a client's server.
c. Clients currently in arrears for services, or otherwise in violation of these Terms of Service in any way, will not be considered by this SLA.
5. Prohibited Uses of Services and Products
In addition to the other requirements of these Terms of Service, the Customer may only use the Services and Products in a manner that, in the Company's sole judgment, is consistent with the purposes of such Services and Products. By way of example, and not limitation, the uses described below of the Company's Services and Products are expressly prohibited
a. Violations of the rights of any Person protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations, including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by Customer.
b. Actions that restrict or inhibit any Person, whether a customer of the Company or otherwise, in his use of any of the Company's Services or Products.
5.2 System and Network
a. Introduction of malicious programs into the Company's network or servers (e.g. viruses, worms, and trojans).
b. Effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which Customer is not an intended recipient, or logging into a server or account that the Customer is not expressly authorized to access. For purposes of this Section 5.2b, "disruption" includes, but is not limited to, port scans, flood pings, packet spoofing and forged routing information.
c. Operation of any software intended for use, or involvement with, DDoS (Distributed Denial of Service) networks, eggdrop scripts, botnets, etc.
d. Executing any form of network monitoring which will intercept data not intended for the Customer's server.
e. Circumventing user authentication or security of any local or external host, network, or account.
f. Any action which the Company may determine, in its sole judgment, will reflect poorly on the Company or negatively impact its operations.
a. Sending unsolicited commercial email messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material, or with whom Customer does not have an existing business relationship ("SPAM").
b. Sending SPAM referencing an email address for any domain hosted by the Company;
c. Sending SPAM referencing a domain hosted by the Company;
d. Sending SPAM referencing an IP address hosted by the Company;
e. Posting advertisements on IRC, ICQ, or any other public chat system containing an email address hosted by the Company, a domain hosted by the Company, an IP address belonging to the Company;
f. Harassment, whether through language, frequency or size of messages.
g. Unauthorized use, or forging, of mail header information.
h. Creating or forwarding "chain letters" or other "pyramid schemes" of any variety.
i. Use of unsolicited email originating within the Company's network or networks of any other Internet Service Provider on behalf of, or to advertise, any service hosted by the Company, or connected via the Company's network.
j. Activities deemed to be unsolicited marketing efforts or otherwise deemed to be harassing in any way.
6. Refunds, Cancelations, & Account Termination
a. All orders are eligible for a full refund within 30 days of the service start date or receipt of payment. Refunds must be requested by submitting a cancelation request through the Client Area
), and will not be disbursed if a cancelation is requested through any other venue.
b. 30 Day Full Refund Guarantee is valid for all payments only if the Customer reports that the above Service Level Agreement has been broken, or else reports reasonable dissatisfaction with the service provided by VPS6.NET, LP.
c. The 30 Day Full Refund Guarantee is void if these Terms of Service are violated in any way.
d. VPS6.NET, LP reserves the right to authorize or deny refunds, in its sole discretion.
e. All payments made to VPS6.NET, LP are non-refundable after 30 days from receipt of payment, unless the service received by the Customer is in breach of the Service Level Agreement outlined above.
6.2 Account Termination
a. Services may be suspended or terminated following 3 days of overdue payment, unless an explanation of circumstances and a payment plan are received by VPS6.NET, LP Support staff from the Customer.
7. Indemnification of Provider/Relationship of Parties
a. Customer agrees to indemnify and hold the Company harmless from any lawsuit, claim, charge, or expense, including reasonable attorney fees and costs of defense, for any matter arising from or relating to Customer's website or hosted content provided hereunder.
b. Nothing contained herein shall be deemed to create a relationship between the Company and Customer in the nature of a partnership, joint venture, editor/publisher or otherwise. Both parties acknowledge and agree that the Company has no interaction with the data or substance of Customer's hosted content, except as necessary to maintain the Customer's service.
a. Customer agrees to take all steps reasonable, necessary, and prudent to protect Customer's login ID, password, and other sensitive account-related information.
b. Customer agrees not to attempt to undermine or cause harm to any server, software, system or client of the Company.
c. Uploading a virus or any variety of malevolent script to the Company's network will result in immediate account termination.
9. LIMITATION AND EXCLUSION OF LIABILITY
IN NO EVENT SHALL VPS6.NET, LP (the Company) HAVE ANY LIABILITY WHATSOEVER FOR DAMAGE, UNAUTHORIZED ACCESS TO, ALTERATION, THEFT OR DESTRUCTION OF INFORMATION PROVIDED TO VPS6.NET, LP, DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES PROVIDED. VPS6.NET, LP SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF VPS6.NET, LP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF VPS6.NET, LP TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO VPS6.NET, LP BY YOU UNDER THIS AGREEMENT DURING THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM OCCURRED.
THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY VPS6.NET, LP UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE VPS6.NET, LP FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS SECTION
9.2 Interruption of Service
VPS6.NET, LP shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any 'act of god' or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications or third-party supplier failure).
You hereby acknowledge and agree that VPS6.NET, LP reserves the right to temporarily suspend services for the purposes of maintaining, repairing, or upgrading its systems and network. VPS6.NET, LP will use best efforts to notify you of pending maintenance.
9.4 Backups and Data Loss
Your use of VPS6.NET, LP's servers and services is at your sole risk. VPS6.NET, LP is not responsible for files and/or data hosted on your server. While complimentary backups may be provided by the Company, You, the Customer agree to take full responsibility for files and data transferred to/from and maintained on your VPS server and agree that it is your own (the Customer's) responsibility to take backups of data residing on your VPS server.
a. Any attempt to undermine or cause harm to the Company or another hosted Customer is strictly prohibited. Any violation of the above Terms of Service may, in the sole discretion of the Company, result in immediate account termination.
b. VPS6.NET, LP reserves the right to remove any Customer's account without prior notice, with or without a refund, if the Customer's account is reasonably determined to be at risk of violating any section of this Agreement.
c. Violation of these Terms of Service may result in legal action, service charges or a combination thereof.
d. The Service Level Agreement and all other guarantees made by the Company will be void if this Agreement is violated.
e. The actions taken by the Company to alert clients as to potential violations of this agreement, in the event of a complaint citing the Customer's service or IP address(es) being received from an upstream provider or third party, will be as follows:
1) Complaint will be forwarded to Customer with appropriate recommendation for action; 2) Pending a reply from the Customer, the Customer's service will be suspended after 12 hours; 3) If proof of remedial action or communication with the Company has not been received within 48 hours, the Customer's service and hosted backups will be fully terminated.
f. Depending on the severity of any report received from the Company's upstream providers citing the Customer's hosted content or IP address(es), the process outline above in Section 10e will be bypassed, and the Customer's service will be immediately suspended without warning.
g. If three (3) or more complaints citing a Customer's hosted content or IP address(es) are received from the Company's upstream providers within a one (1) month period, the Customer's service and all hosted content, including backups, may be terminated without warning or option for refund.
h. Violation of any section of this Agreement will result in refund ineligibility.
Customer acknowledges that by reason of their relationship, both the Customer and the Company may have access to certain products, information and materials relating to the other party's business, which may include business plans, customers, software technology, and marketing plans that are confidential and of substantial value to either party, respectively, and which value would be impaired if such information were disclosed to third parties. Consequently, both the Company and the Customer agree that it will not use in any way, for its own account or for the account of any third party, nor disclose to any third part, any such information revealed to it by either party.
The Customer and the Company further agree that each will take every appropriate precaution to protect the confidentiality of such information. In the event of termination of this agreement, there shall be no use or disclosure by either party of any such confidential information in its possession, and all confidential documents shall be returned to the rightful owner, or destroyed. The provisions of this section of the Agreement shall survive the termination of the Agreement for any reason. Upon any breach or threatened breach of this section of the Agreement, either party shall be entitled to injunctive relief, which relief will not be contested by the Customer or the Company.
10.1 USE OF THE COMPANY'S SERVICES AND PRODUCTS IS AT THE CUSTOMER'S SOLE RISK. NEITHER THE COMPANY NOR ITS EMPLOYEES, AGENTS, RESELLERS THIRD PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSERS, OR THE LIKE, MAKE ANY WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE COMPANY'S SERVICES AND PRODUCTS WILL NOT BE INTERRUPTED OR BE ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MIGHT BE OBTAINED FROM THE USE OF THE COMPANY'S SERVICES AND PRODUCTS OR AS TO THE ACCURACY, OR RELIABILITY OF ANY INFORMATION SERVICE OR MERCHANDISE CONTAINED OR PROVIDED THROUGH THE COMPANY'S SERVICE, UNLESS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT. THIS INCLUDES LOSS OF DATA, WHETHER RESULTING FROM DELAYS, WRONG DELIVERY, OR ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY THE COMPANY AND ITS EMPLOYEES OR OTHER CAUSES.
10.2 THE SOLE CUMULATIVE LIABILITY OF THE COMPANY FOR ALL CLAIMS MADE BY THE CUSTOMER, OR ANY OTHER PARTY, REGARDLESS OF FORM, INCLUDING ANY CAUSE OF ACTION BASED ON CONTRACT, TORT OR STRICT LIABILITY, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL FEES AND CHARGES PAID TO THE COMPANY BY THE CUSTOMER.
10.3 The Company reserves the right to revise these Terms of Service at any time.