This AUP governs the use of VPSROOM.COM web hosting service. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and VPSROOM.COM regarding the interpretation of this AUP, VPSROOM.COM interpretation, in its reasonable commercial judgment, shall govern. If you have any questions regarding this AUP, contact firstname.lastname@example.org
You may not publish or transmit via VPSROOM.COM service any content that VPSROOM.COM reasonably believes:
Content “published or transmitted” via VPSROOM.COM service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by VPSROOM.COM.
You may not engage in the following content and activities:
You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.
Bulk Commercial E-Mail
You must obtain VPSROOM.COM's advance approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate all of the following to VPSROOM.COM reasonable satisfaction:
These policies apply to messages sent using your VPSROOM.COM service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your VPSROOM.COM service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.
VPSROOM.COM may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.
You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it.
You must comply with the rules of any other network you access or participate in using your VPSROOM.COM services.
Material Protected by Copyright
You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:
VPSROOM.COM will terminate the service of repeat copyright infringers.
Copyright Infringement Notice (Digital Millennium Copyright Act)
If you believe your copyright is being infringed by a person using the VPSROOM.COM network, please send your notice of copyright infringement to:
Your notice must include the following:
You must have valid and current information on file with your domain name registrar for any domain hosted on the VPSROOM.COM network.
VPSROOM.COM is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of the VPSROOM.COM network.
You may not engage in illegal, abusive, or irresponsible behavior, including:
If you have noticed any illegal activity using services vpsroom.com please inform us on e-mail email@example.com
Newsgroup, Chat Forums, Other Networks
You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.
When you sign up for our service, we will ask you to provide contact information such as your name, address, telephone numbers, e-mail addresses, and payment information such as credit card number and expiration date.
We may ask you to complete user surveys, and to provide certain demographic information, such as age, gender, special interests, etc. You do not have to provide this type of information to use our service if you do not want to.
If you contact us for customer support, we may also ask you for information about your operating system, software and other technical matters.
When you visit our Web site we will capture your IP Address, time of and duration of visit, and time and duration of the pages on our Web site that you view. We may tie this information to the personally identifiable information we have about you.
We will also place a cookie that will identify you to us as a repeat visitor or a customer when you visit our Web site. See “What is a Cookie” below. We may tie this cookie to the personally identifiable information we have about you.
[If we send you an e-mail, we may include a marker that will allow to identify e-mail that is opened and viewed.]
Use of Personally Identifiable Information
We will use your personally identifiable information only as follows:
We will not provide any personally identifiable information about you to any other person other than:
Use of Non-Personally Identifiable Information
We may share aggregate statistical data about our customers with third parties, such as advertisers or suppliers. This aggregate statistical data will not identify you personally.
What is a Cookie
A “cookie” is an alphanumeric identifier that is unique to your browser. The cookie will identify your browser to us when you visit our web site so that we may customize your visit.
Security of Your Information
The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however we have taken every step possible to make your information safe. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. If you have any questions about security on our Web site, you can email us at firstname.lastname@example.org
Our service is not available to children under the age of 13, and we will not intentionally maintain information about anyone under the age of 13.
Subject to the terms of this Agreement, and contingent on Customer's satisfaction of VPSROOM.COM's credit approval requirements, VPSROOM.COM agrees to provide the web hosting services described in the Order for the fees stated in the Order.
The initial service term of the Agreement shall begin on the date that VPSROOM.COM generates an e-mail message to Customer announcing the activation of the Customer's account (the 'Service Commencement Date') and shall continue for the first partial month of service plus the number of full calendar months stated in the Order (the 'Initial Term'). Upon expiration of the Initial Term, this Agreement shall automatically renew for up to three successive renewal terms of having the same number of full calendar months as the Initial Term (each a 'Renewal Term') unless VPSROOM.COM or Customer provides the other with written notice of non-renewal at least thirty (30) days prior to the expiration of the Initial Term or then-current Renewal Term, as applicable. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the 'Term.'
Fees Fees are payable in advance on the first day of each billing cycle. Customer's billing cycle shall be monthly, beginning on the Service Commencement Date. VPSROOM.COM may require payment for the first billing cycle before beginning service. If the Order provides for credit/debit card billing, Customer authorizes VPSROOM.COM to bill subsequent fees to the credit/debit card on or after the first day of each successive billing cycle during the Term of this Agreement; otherwise VPSROOM.COM will invoice Customer via electronic mail to the Primary Customer Contact listed on the Order. Invoiced fees may be issued on or before the 1st day of each billing cycle, and the fees shall be due on the 7th day following invoice date, but in no event earlier than the first day of each billing cycle.
Customer is responsible for providing VPSROOM.COM with changes to billing information (such as credit card expiration, change in billing address) At its option, VPSROOM.COM may accrue charges to be made to a credit/debit card until such charges exceed $10.00. VPSROOM.COM may charge interest on overdue amounts at the lesser of 1.5% per month or the maximum non-usurious rate under applicable law. VPSROOM.COM may suspend the service without notice if payment for the service is overdue. Fees not disputed within thirty (30) days of due date are conclusively deemed accurate. Customer agrees to pay VPSROOM.COM's reasonable reinstatement fee following a suspension of service for non-payment, and to pay VPSROOM.COM's reasonable costs of collection of overdue amounts, including collection agency fees, attorney fees and court costs. All credit card and billing information is transmitted using SSL encryption to secure backend servers. Full credit card details are not retained by VPSROOM.COM.
Fee Increases VPSROOM.COM may increase its fees for services effective the first day of a Renewal Term by giving notice to Customer of the new fees at least forty five (45) days prior to the beginning of the Renewal Term, and if Customer does not give a notice of non-renewal as provided in Section 2 above, the Customer shall be deemed to have accepted the new fee for that Renewal Term and any subsequent Renewal Terms (unless the fees are increased in the same manner for a subsequent Renewal Term).
Taxes At VPSROOM.COM's request Customer shall remit to VPSROOM.COM all sales, VAT or similar tax imposed on the provision of the services (but not in the nature of an income tax on VPSROOM.COM), regardless of whether VPSROOM.COM fails to collect the tax at the time the related services are provided.
Early Termination Customer acknowledges that the amount of the fee for the service is based on Customer's agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In the event VPSROOM.COM terminates the Agreement for Customer's breach of the Agreement in accordance with Section 9 (Termination), or Customer terminates the service other than in accordance with Section 9 (Termination) for VPSROOM.COM's breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due on the business day following termination of the Agreement.
Refund are accepted within 14 days of the date of purchase only for VPS, Semi-Dedicated Servers, Dynamic Dedicated Servers. With this in mind, we have a 14-day Money Back Guarantee policy for anyone who is not completely satisfied with our services within the first 14 days of purchase . Hosting Registration, Hosting Control Panels and Dedicated Servers payments is non refundable. To receive a full refund please contact our sales department . When contacting our sales department to refund, please be ready to provide your name, the order number, and your contact information. Accounts cancelled/terminated by VPSRoom.com do not qualify for the 14 day money back guarantee. This also includes accounts suspended for TOS violations, in which the customer decides not to fix the violation. Payment made for domain registration will not be refunded, domain name can be transferred to client.
To cancel an online order , you must contact our sales department within 24 hours. When contacting our sales department to cancel an order, please be ready to provide your name, the order number, and your contact information.
After 14 days of the date of purchase all charges are non-refundable unless expressly stated otherwise, or otherwise provided by applicable law !
Chargebacks are not considered as a way of refunding. Any Customer who initiates a credit card chargeback in response to a bill or order placed with the Provider will be subject to full investigation.When signing up for a account with the Provider, the Customer agrees to the terms and conditions explicated in this document (and its coherent policies). Thus, the Provider, as well as the Provider's authorized retailers (PayPal, Moneybookers(Skrill), AlertPay(Payza),OK PAY) will resort to these documents as an evidence for the Customer's agreement, especially in the event that a Customer sends a chargeback inquiry based on points that he/or she first accepted, but is trying now to refute.If/When a chargeback report is received, the first step of the Provider's Customer Care team will be to try to contact the user. Meanwhile, the Customer's account will be suspended (in order to protect our system from fraudulent activity and misuse) and will remain suspended until the reasons for the chargeback have been clarified and decision has been taken for according action.If the chargeback has occurred due to some misunderstanding, a reverse payment procedure will be initiated with the authorized retailers and eventually the account will be re-activated.If the Customer has sent a chargeback request based on groundless argumentations (according to the Provider's own judgment and these VPS Terms of Service), then a dispute will be started with the authorized retailers in which the VPS Terms of Service and the AUP of the Provider will serve as evidence of the Customer's agreement. The retailers then, taking into consideration all provisions in these legal documents, will decide whether the Customer has had sufficient grounds for the chargeback or the Provider has the right to a reverse payment. In case that the chargeback originates from a fraudulent user (end-client) and no reverse payment procedure can be activated, then the respective account will remain suspended .
Customer agrees to use the service in compliance with applicable law and VPSROOM.COM's Acceptable Use Policy posted at http://www.vpsroom.com/agreement (the 'AUP'), which is hereby incorporated by reference in this Agreement. Customer agrees that VPSROOM.COM may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Customer's use of the Services. Amendments to the AUP are effective on the earlier of VPSROOM.COM's notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with VPSROOM.COM's reasonable investigation of any suspected violation of the AUP. In the event of a dispute between VPSROOM.COM and Customer regarding the interpretation of the AUP, VPSROOM.COM's commercially reasonable interpretation of the AUP shall govern.
Customer represents and warrants to VPSROOM.COM that the information he, she or it has provided and will provide to VPSROOM.COM for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to VPSROOM.COM that he or she is at least 18 years of age. VPSROOM.COM may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer's account until Customer has provided a written notice changing the Primary Customer Contract.
Customer agrees to indemnify and hold harmless VPSROOM.COM, VPSROOM.COM's affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or the AUP by Customer or any person using Customer's log on information, regardless of whether such person has been authorized to use the services by Customer.
Disclaimer of Warranties
VPSROOM.COM DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW VPSROOM.COM DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN 'AS IS' BASIS.
Limitation of Damages
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILIY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF VPSROOM.COM AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.
Suspension of Service Customer agrees that VPSROOM.COM may suspend services to Customer without notice and without liability if: (i) VPSROOM.COM reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) VPSROOM.COM reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay VPSROOM.COM's reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.
Termination The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if VPSROOM.COM fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer's written notice describing the failure in reasonable detail. The Agreement may be terminated by VPSROOM.COM prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon ten (10) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from VPSROOM.COM describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer's Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon ten (10) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
Request for Customer Information
Customer agrees that VPSROOM.COM may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer's customers or end users that VPSROOM.COM believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
Back Up Copy
Customer agrees to maintain a current copy of all content hosted by VPSROOM.COM notwithstanding any agreement by VPSROOM.COM to provide back up services.
VPSROOM.COM shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond VPSROOM.COM's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party's name or trade mark without the other party's prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer's purchase order or other business forms are not binding on VPSROOM.COM unless they are expressly incorporated into a formal written agreement signed by both parties. A party's failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party's rights with respect to that provision or any other provision of the Agreement. A party's waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without VPSROOM.COM's prior written consent. VPSROOM.COM's approval for assignment is contingent on the assignee meeting VPSROOM.COM's credit approval criteria. VPSROOM.COM may assign the Agreement in whole or in part.