vpsAO provides web hosting services to subscribers around the world. The following terms of service are designed to provide the highest level of service available.
Content – Acceptable Use Policy
All services provided by vpsAO are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or Local 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 subscriber agrees to indemnify and hold harmless vpsAO from any claims resulting from the subscriber’s use of vpsAO’s services which damages the subscriber or any other party.
Examples of prohibited content or links include (but are not limited to):
– Child Pornography
– Pirated software
– Hacking sites, programs or archives
– Warez Sites
– Please be advised that activities that consume excessive I/O, CPU, or network utilization are prohibited because these may affect other clients. This includes mining services and other services that are designed to maximize host resource consumption.
– Activities that cause excessive network utilization, as well as activities that are considered high-risk at causing abuse complaints are prohibited. These include, but are not limited to, exit nodes, publicly accessible proxies, traffic exchanging and traffic relaying, and automated crawling activities.
– Distribution of music files or any other material in which the account holder does not own the copyright.
vpsAO. will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber.
Commercial Advertising – Email:
Spamming, i.e. the sending of unsolicited email, from any vpsAO server or any server located on the vpsAO network is prohibited
Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.
All commercial email marketing companies must adhere to the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act of 2003. In addition such companies are prohibited the sending of bulk mail from “disposable domain names” with whois privacy protection.
Advertising & Promotions Limitations
In the following scenarios vpsAO clients are prohibited from advertising, promoting or making claims related to services which are hosted upon infrastructure at vpsAO. This limitation includes what is allowed to be stated on your website, to customers, in promotions and in advertising materials. This limitation applies to claims by the client which relate to services hosted by vpsAO.
Claims related to DDOS Mitigation or any related service including, but not limited to, proxy protection, denial of service protection, denial of service mitigation or ddos or dos services.
Any illegal or unlawful activity
Any services intended to defraud, scam, defame, coerce or entice others into an unlawful activities.
Server Abuse – Any attempts to undermine or cause harm to a vpsAO server or subscriber of vpsAO is strictly prohibited including, but not limited to:
Logging into a server or account 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 authorization
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 account whether it be done by you or by others.
All sub-networks of vpsAO, Inc. and all hosting servers must adhere to the above policies.
Password Security and Account Authorization
vpsAO provides customers flexibility over their own passwords, account access and authorization procedures. Customers are responsible for selecting the appropriate authentication procedures and selecting the proper information which will be used to authenticate the account. It is the responsibility of the customer to protect the information used to authenticate their account. Account access, password security and server security are the responsibility of the customer. vpsAO will not be liable for any damages, direct or indirect, that result from unauthorized account access, password compromise or hacking.
Best Effort Support
vpsAO will, when possible as a courtesy to its customers, provide Best Effort support on products, applications and 3rd party software that is not explicitly covered under the customers management contract. Best Effort support means that when possible vpsAO technicians will provide their best effort to help support our customers. Best Effort Support is not guaranteed and may vary dramatically. No warranties or guarantees are provided on Best Effort Support.
vpsAO will use its commercially reasonable efforts to provide services 24 hours a day, seven days a week. Subscriber 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 vpsAO’s control or which are not reasonably foreseeable by vpsAO, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. vpsAO will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. vpsAO has no responsibility for downtime resulting from a user’s actions.
Normal priced services are eligible for refund within 5 days of receiving. Some exclusions such as software licenses apply. Discounted and promotional specials are not eligible for refunds due to specially subsidized provisioning costs, however exceptions apply and such services can be reviewed for refund on a case-by-case basis.
Account Setup, Termination, and Billing:
The account will be charged on the day the order is processed, regardless of the account billing date. The account will not be charged again until the next month’s billing cycle. Billing dates are recurring on the day the account was opened.
Returned Check Fee and Credit Card Charge Backs
A returned check penalty fee of $25 will be charged to any customer’s account for any check dishonored by their financial institution. This fee will be waived if the check was returned in error, provided that supporting documentation is submitted. The returned check and penalty fee must be paid immediately in order to guarantee that services will remain online and available. If a customer or anyone paying on the customer’s behalf has written two or more returned checks, check cashing privileges will be revoked. If a returned check was used to pay for more than one customer’s account, each account will be assessed the $25 returned check fee. Payments made by a returned check are reversed from the customer account, leaving the balance due and payable immediately. Outstanding balances are subject to the unpaid fees and delinquent accounts policy and may result in server suspension or account termination. If the account is terminated all information within the account will be deleted.
A credit card charge back fee of $50 will be charged to any customer’s account for any charge back received by their financial institution. The original charge amount and penalty fee must be paid immediately in order to guarantee that services will remain online and available. If a customer or anyone paying on the customer’s behalf has used a credit card to pay for services ending in 2 or more chargebacks, will result in credit card payment privileges being revoked (full payment will be due via money order or wire transfer). This fee will be waived and credit card payment privileges reinstated if the chargeback resulted in error, provided that supporting documentation is submitted. If a credit card was used to pay for more than one customer account resulting in multiple chargebacks, each account will be assessed the $50 fee. Chargebacks received are reversed from the customer’s account, leaving the balance due and payable immediately. Outstanding balances are subject to the unpaid fees and delinquent accounts policy and may result in server suspension or account termination. If the account is terminated all information within the account will be deleted.
EVENT OF DEFAULT BY CUSTOMER
(Disabling of accounts due to overdue payment). If the CUSTOMER fails to pay an invoice within 14 days of the date of that invoice, vpsAO reserves the right to disconnect service without further warning. If services are disconnected for non payment, customer must pay all past due charges up to the day of service disconnection in order to reconnect service. If your account has been disabled for non payment, you may be charged a reconnection fee of up to $50 in order to re-enable your account.
vpsAO’S REMEDY UPON DEFAULT; TERMINATION.
In addition to all rights and remedies granted to vpsAO in this Terms of Service (including, but not limited to, the right to charge and collect Late Charges), upon the occurrence of an Event of Default, vpsAO shall have the right (a) to cease providing the Services to Customer without notice to Customer, (b) upon not less than one (1) business days written notice to Customer, to terminate the Hosting Services, all at Customer’s cost and expense. Upon such termination, Customer agrees to and shall immediately pay to vpsAO all Fees and other amounts due and owing for Services provided through and including the effective date of termination.
Limitation of Damages or Liability
EXCEPT AS DESCRIBED IN THE SLA, vpsAO SHALL NOT BE LIABLE TO CUSTOMER FOR HARM CAUSED BY OR RELATED TO CUSTOMER’S SERVICES OR INABILITY TO UTILIZE THE SERVICES UNLESS CAUSED BY WILLFUL MISCONDUCT. vpsAO SHALL NOT BE LIABLE TO CUSTOMER FOR LOST PROFITS, INDIRECT, SPECIAL OR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. NOTHWITHSTANDING ANYTHING ELSE IN THIS TERMS OR SERVICE AGREEMENT, THE MAXIMUM AGGREGATE LIABILITY OF vpsAO AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW SHOULD NOT EXCEED THE AMOUNT OF FEES IT HAS COLLECTED ON THE ACCOUNT. EXCEPT AS OTHERWISE PROVIDED IN THIS TERMS OF SERVICE AGREEMENT, vpsAO PROVIDES ALL PRODUCTS AND SERVICES “AS IS”, WITHOUT WARRANTY OR ANY KIND, WHETHER EXPRESS, OR IMPLIED AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF ANY PRODUCT AND SERVICE AND vpsAO SHALL HAVE NO LIABILITY ASSOCIATED WITH THE FORGOING. CUSTOMERS ARE RESPONSIBLE FOR ENSURING SECURITY OF SERVERS.
Terms Of Service are subject to change without any prior notification.
These Terms of Service are a legally binding contract between the subscriber and vpsAO.
By opening an account, or by the use of any vpsAO service, the subscriber agrees to the above-stated terms.
Anything not listed in the Terms of Service is open to interpretation and change by vpsAO. administrators without prior notice.
Any violation of these Terms of Service will result in termination of the account. vpsAO maintains the right to terminate accounts without prior notification.
In the case that a customer is terminated for violating one or more of the vpsAO Terms of Service, vpsAO reserves the right to deny access to, and/or, destroy customer data stored on the offending server or account. vpsAO may at its own discretion allow access to a terminated account. If vpsAO agrees to provide access to an account which has been terminated due to a Terms of Service violation, the customer will be subject to a one-time charge of $500 or more to cover the cost of hard drives, cloning, processing and shipping.
Customer agrees to indemnify and hold harmless vpsAO, its subsidiaries, their affiliates and each of their respective directors, officers, employees, shareholders and agents (each an “Indemnified Party”) against any losses, claims, damages, liabilities, penalties, actions, proceedings, judgments, or any and all costs thereof (collectively, “Losses”) to which an Indemnified Party may become subject and which Losses arise out of, or relate to the Agreement, Customer’s use of the Products and Services, breach of any confidentiality obligation or any alleged infringement of any trademark, copyright, patent or other intellectual property right and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys’ fees incurred by such Indemnified Party, in connection with investigating, defending, or settling any Loss, whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.
vpsAO may from time to time, at the request of the CUSTOMER, be enlisted to perform server administration tasks on CUSTOMER hardware which is colocated at vpsAO facilities. This service shall be referred to as “Remote Hands”. Customer agrees to indemnify and hold harmless vpsAO, its subsidiaries, their affiliates and each of their respective directors, officers, employees, shareholders and agents (each an “Indemnified Party”) against any incidental damages caused to CUSTOMER hardware in the performance of vpsAO remote hands server administration.
vpsAO’s owner can be contacted as follows:
ATTN: RC Portfolio
1209 N Orange St.
Wilmington, DE 19801