This document applies automatically to all of VpsWebServer clients upon subscription to any of the services provided including subscription through a third-party or any commercial partner. By subscribing to VpsWebServer's services, you accept the policies listed in this document and accept to respect them.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the Company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Subscriber agrees that the Company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the Company. Subscriber further acknowledges that the Company's liability for its own negligence may not, in any event, exceed an amount equivalent to charges payable by Subscriber for services during the period damages may have occurred. In no event shall the Company be liable for any special or consequential damages, loss or injury.
The parties recognize that money damages may not be an adequate remedy for any breach or threatened breach of any obligation hereunder, by Subscriber. The parties therefore agree that in addition to any other remedies available hereunder, by law or otherwise, VpsWebServer shall be entitled to an injunction or other equitable relief against any such continued breach by Subscriber of such obligations. In any action proceeding brought by VpsWebServer on account of such breach by Subscriber, Subscriber agrees not to require that VpsWebServer post a bond or prove that money damages are not an adequate remedy.
In no event will VpsWebServer, LLC be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use VpsWebServer's services or any content thereon. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise, caused by any failure of performance; error; omission; interruption; deletion; defect; delay in operation or transmission; computer virus; file corruption; communication line failure; network or system outage; or theft, destruction, unauthorized access to, alteration of, or use of any record.
Subscriber agrees that VpsWebServer will not be liable to customer for lost profits, lost opportunities or lost data, or any incidental, indirect, special, consequential or punitive damages under any circumstances whatsoever, even if customer has been advised of the possibility of such damages.
In no event shall the aggregate amount of any damages payable to subscriber from VpsWebServer for all claims arising from the breach of this agreement) exceed the amounts paid by customer to VpsWebServer under this agreement.
You may not upload any material that violates or infringes on the copyright, intellectual property rights or trademark rights of any individual or organization.
IRC websites/servers are not allowed.
Piracy, hacking, cracking, phreaking, warez, pyrotechnics, exploitative software or text that educates or encourages this activity and/or use is not allowed.
You may not upload ROMs and Emulators. This is non-negotiable.
You may not publish any material that is grossly offensive, including, exploitation of children, blatant expressions of bigotry, hatred, harassment, defamation, or invasion of privacy. This includes material that defames, abuses, harasses or threatens any person or group. Pornography is allowed as long as it meets all U.S. laws and regulations.
Spam is not allowed, and you may not reference VpsWebServer in any unsolicited email that you send.
You may not use your service in the commission of any crime that violates the laws of local, state, and federal government of the United States of America.
You are solely and fully responsible for the contents of your account. Any and all repercussions will be born solely by you as the account holder.
We reserve the right to terminate any account without warning or notice if any of the above restrictions are violated and to examine the contents of any account at any time.
Due to the nature of our industry, we do not offer refunds.
It is your responsibility to make sure your bill is paid. We do not telephone or send postal mail notifying about disconnects. If you are concerned that an e-mail may not reach you, then you should proactively check your account for bills.
A billing dispute of any kind does not exempt you from paying current and future bills. Billing disputes resolved in the customer's favor will receive account credit for overpayment.
We are not liable for any loss of data for any reason. This includes VPS or dedicated servers. It is the customers responsibility to maintain backups of there data.
Violations of system or network security are prohibited, and may result in criminal and civil liability. VpsWebServer will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected.
Examples of system or network security violations include, without limitation, the following:
Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network. Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Use of VpsWebServer service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property. Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of VpsWebServer service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of your account.
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A VPSWEBSERVER CUSTOMER OR A CUSTOMER'S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH CUSTOMER OR END USER.
TOS is subject to change without notice.