Introduction
vpsXtra (“Company”) provides virtual servers subject to the following terms and services. Use of vpsXtra's services constitutes acceptance and agreement to the Acceptable Use Policy and Terms of Service. The purchaser (“Subscriber”) is fully responsible for the server and liable for any charges as a result of misuse or failure to follow the specified policies
Disclosure to Law Enforcement
The AUP prohibits the use of our service for illegal activitiy. Therefore, Subscriber agrees that the Company may disclose any and all information to any law enforcement agent who makes a written request without further consent or notification to the Subscriber.
Service Rates
Subscriber acknowledges that the nature of the service and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time-to-time.
Payment
Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. Service will be interrupted on accounts that reach 3 days past due. The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. Accounts not paid by due date are subject to a $20.00 late fee.
Request for cancellation
Requests for canceling accounts may be made in writing with at least 21 days notice and sent to billing@vpsXtra.com
SPAM and Unsolicited Commercial Email (UCE)
vpsXtra takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of the Subscriber may not use or permit others to use our network to transact in UCE. Customers of vpsXtra may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.
Violation of the Company's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, the Company will initiate an immediate investigation (within 48 hours of notification). During the investigation, vpsXtra may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy vpsXtra may, at its sole discretion, restrict, suspend or terminate customer's account. Further, vpsXtra reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. vpsXtra will notify law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy will result in an "Administrative Fee" of $250.00 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500.00 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175.00 per hour that vpsXtra personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
Refund and Disputes
The Company offers a 15-day refund guarantee period in the case that the Subscriber was not provider a satisfactory service as discussed between the Subscriber and the Company, and backed with evidence from the Subscriber that the Company failed to rectify the issues to an agreed reasonable level. Refund ONLY for any of our services over than 1 (ONE) Month. Refund also mean ONLY for web hosting. No refund on any license/software/web script you already buy from us. For example cpanel license. Company reserves the right to disallow a refund due to breaches of the AUP or TOS by the Subscriber.
Open or "Anonymous" Proxy
The Company does not permit use of Open or "Anonymous" proxy servers. There are no exceptions to this policy. Violation of this policy may result in account suspension and/or termination.
Notification of Violation
vpsXtra is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities. First violation: Any User, which vpsXtra determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at vpsXtra’s discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations. Second Violation: Users that vpsXtra determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
Suspension of Service or Cancellation
The Company reserves the right to suspend network access to any customer if in the judgment of the vpsXtra network administrators the Subscriber's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which vpsXtra chooses. If inappropriate activity is detected, all accounts of the Subscriber in question will be deactivated until an investigation is complete. Prior notification to the Subscriber is not assured. The Subscriber will not be credited for the time the customer's machines were suspended.
vpsXtra reserves the right to amend its policies at any time. All resellers of vpsXtra must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.
Indemnification
vpsXtra wishes to emphasize that in agreeing to the Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies vpsXtra for any violation that results in loss to vpsXtra or the bringing of any claim against vpsXtra by any third-party. This means that if vpsXtra is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against vpsXtra, plus all costs and attorney's fees.
Responsibility for Content
The Subscriber is solely responsible for the content stored on and served by your vpsXtra server.
Nature of service
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 occurred. In no event shall the Company be liable for any special or consequential damages, loss or injury.
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