TERMS OF SERVICE

TERMS OF SERVICE (USER AGREEMENT)

This User Agreement ("Agreement") is an agreement between Vpspro.net ("Company") and natural or legal person registered on the Company website that carried out the order and payment for it (hereinafter "Customer"), Company and Customer shall be referred to herein each as a “Party” and collectively as the “Parties" agree to the following terms and conditions:

1. THE SUBJECT OF THE AGREEMENT

1.1. The Company provides Services to the Customer on the terms and conditions stipulated by this Agreement.
1.2. The Customer pays services on the terms and conditions provided for in this Agreement.
1.3. Service" is provided to the Customer as long as the Customer pays it in time.

2. TERMS AND DEFINITIONS

3. ADMINISTRATION AND TECHNICAL SUPPORT

Services - virtual servers (VPS, Cloud) and other related services listed on Company website.
Content - files, data, materials that the Customer uses, downloads, distributes and disposes on its websites and/or services.
The third party - is any natural or legal person, organization or company not specified in the agreement of the Customer and the Company.
The account - is the Customer personal account in the Company system created when the Customer registers on the Company website, in which the Customer can make orders, pay invoices, communicate with the Technical Support of the Company.
Balance - is the Customer internal payment account on the account, which the Customer can replenish with the help of payment systems indicated on the Company website and which can be used to make payment for the Company Services.
Content for adults/Adult content - files, videos, photo images and any other information of erotic or pornographic nature.
Hacking – hacking and/or attempted hacking of any systems, websites, programs of third parties, with the purpose of causing material or moral damage or the acquisition of information.
SPAM – mass mailing of advertising or any other e-mails to network users who do not express a desire to receive these emails, including through third-party servers indicating the website hosted on Company Services, or through third-party servers indicating the website that has been proxy through Company Services.
Ticket - a request to the technical support of the Company created from the Customer Account.
Backup – backup of files.
DC - data center.
Complaints - complaints received from third parties on illegal websites, content or actions carried out by the Customer on Company Services.
3.1. The Company provides dedicated servers both with basic management and unmanaged.
3.2. Unmanaged services assume only the initial configuration, which includes the installation of the client chosen operating system and control panel. If it is necessary to configure RAID and install additional software, the Customer needs to agree on the possibility of installing such software with the Company technical support via a ticket.
3.3. Conditions and procedure for the provision of basic management, as well as a list of works included in this term, can be found on the Company website, in the section "Administration".

4. TERMS OF VIRTUAL SERVERS (VPS, CLOUD)

4.1. The company provides services to the Customer a virtual server in accordance with the rates and prices listed on the Company website. After placing an order and paying for the order for a virtual server by the Customer, the Company provides the Customer with SSH access (root password) to the Service and login and password to control panel id a service was ordered with it.
4.1.1. A virtual server usually provides within 24 hours after the payment of the order if the Customer observed positions of this Agreement.
4.2. The Customer undertakes to use the virtual server resources allocated to him, compatible with the chosen rate, in accordance with the terms and conditions of this Agreement.
4.2.1. On virtual servers with a limited traffic specified in the description of tariffs is calculated for 1 (one) calendar month. Traffic update occurs first (1st) day of each month. Overspending traffic limits will be charged according to tariffs applicable at the time of the incident traffic overspending. Current tariffs can be clarified by contacting technical support through a ticket.
4.2.2. The increase of a resource of virtual servers is possible, exclusively, by the expansion of the tariff plan to the next one listed on the Company website.
4.3. In case the Customer is not satisfied with the services of the virtual server during the first 30 days of using this service, the Customer has the right to request a refund of money, providing a clear justification for what specifically did not satisfy the client need for the provided service.
4.3.1. Refund stipulated in paragraph 5.3. applies exclusively to the tariffs of vps start-power, bigmem, fast and Bare Smart XL rates. For the rest tariffs, no refunds are possible.
4.3.2. Refund, mentioned in paragraph 5.3. is possible only if provided the objective arguments that indicating the Service shortcomings, the reasons "I do not like it", "little disk space" and similar arguments are not objective reasons.
4.4. The Company has the right to suspend the provision of a virtual hosting service or refuse to provide the Customer with it, in case of receipt of a complaint to Customer Service.
4.5. The Customer has the right to refuse to use the Company services at any time, but the Customer is obliged to notify the Company in advance about his desire to refuse the service, by issuing a ticket for the refusal of the virtual server service not later than 3 (three) days before the end of the last paid period.
4.6. In case of non-payment, the Company has the right to suspend and terminate the virtual server service, with the loss of data at any time after the expiration of the last paid period.

5. TERMS OF DEDICATED SERVERS

5.1. The Company provides the Client with a dedicated server in accordance with the terms and conditions of this Agreement.
5.1.1. The configurations of dedicated servers and prices indicated on the Company website are indicative, a configuration of dedicated servers available for order and prices may differ from those specified on the Contractor website.
5.1.2. In the case that at the time of placing the order by the Customer, the server configuration chosen by him is not available to order, or is available at a price different from the price specified on the Company website, the Company provides the Customer with a choice of server configurations, similar to the one chosen by the Customer with current prices, as well as analogs by the price criterion.
5.1.3. In the case that the order was paid for by the Customer, but the required configuration is not available to order, and none of the proposed analogs are suitable for objective reasons, the Company makes refund to Customer paid amount in accordance with the provisions of paragraph 8.4.1.-8.4 .4. of this Agreement.
5.2. After placing an order and payment by the Customer for order for a dedicated server, confirmation by the Company of the availability of the chosen configuration and the Customer consent with the price, in the case of the situation described in paragraph 6.1.2., the Company provides the root access to the ssh and login/password to the control panel server if the server was ordered with the control panel.
5.2.1. Installing a dedicated server order takes 1-7 business days after payment for an order, depending on the timing of delivery of servers established by DC terms, in which the Customer choose a server. The specified term can be prolonged by the Company unilaterally in case of delay of server delivery from the DC, or in case of detection of a hardware failure of the server that requires replacement of defective items.
5.3. On dedicated servers with a limited traffic, traffic update occurs in accordance with the terms of the DC in which the dedicated server of the Customer is located. Overspending traffic limits will be charged according to tariffs applicable at the time of the incident traffic overspending. Current tariffs can be clarified by contacting technical support through a ticket.
5.4. About the possibility and cost of upgrade of the traffic and/or the hardware of the dedicated server, Customer can be clarified by contacting technical support via a ticket.
5.4.1. The downgrade of the earlier upgrade of traffic is impossible.
5.4.2. Downgrade of earlier performed hardware upgrade if such possibility is provided by the policy of the DC in which the Customer server is located, producing at prices and tariffs that are relevant at the time of downgrade.f
5.5. LeaseWeb dedicated servers (in all locations) with a limit of traffic of 100TB and 250TB are not allowed to use for services such as CDN (Content Delivery Network) and Streaming media services.
5.5.1 The Customer has the right to refuse to use the Company services at any time, but the Customer is obliged to notify the Company in advance about his desire to refuse the service, by issuing a ticket for the refusal of the dedicated server service not later than 7 (seven) days before the end of the last paid period.
5.6. In case of non-payment, the Company has the right to suspend and terminate the dedicated server service, with the loss of data at any time after the expiration of the last paid period.
5.6.1. In the case of repayment of the server due within 12 hours after the suspension, the Company is entitled to charge a penalty for late payment in the amount of $25.
5.6.2. In the case of repayment of the server due more than after 12 hours after the suspension, the Company is entitled to charge a penalty for late payment in the amount of $125.

6. GENERAL TERMS OF SERVICE

6.1. Company is not responsible for the Content that is located or used on the pages of the Cгыещьук websites and services.
6.2. All Services provided by the Company can be used for legitimate purposes only.
6.3. The distribution of advertising emails (SPAM) without the consent of the recipient is strictly prohibited. In the case of complaints on SPAM, Company reserves the right to suspend and/or to refuse to further services.
6.3.1. In case of complaints about SPAM and/or the Company suspicion that the Customer is engaged in SPAM mailings, with the use of the Company services, Company has the right to check the Customer service without his consent.
6.4. It is prohibited to host and distribute malicious software (Malware), as well as information and content that contain viruses or other malicious components that may harm third-party software.
6.5. Customers have a legal right to host content for adults (Adult Content, Porn), assuming full compliance with 18 U.S.C. 2257) and if this is not prohibited by the laws of the country in which the Customer service is located.
6.6. It is strictly prohibited to host erotic and pornographic content involving minors (Child Porn, CP, CP like), containing scenes of violence, or copulation with animals (Zoo porn, Bestiality) in any of their manifestations.
6.7. It is prohibited to host content of the following subjects: pharmaceutics, gambling, xenophobia.
6.8. Hosting of adult content on the Company services located in the DC Myloc / Düsseldorf is strictly prohibited.
6.9. Using the torrent in any form is strictly prohibited at the Company services.
6.10. Copy, post and/or distribute software, content and/or materials obtained illegally, fully or partially protected by copyright or related rights, without a documented permission from the author/copyright holder of the material/content/software is strictly prohibited.
6.11. The placement of any content should not violate the terms and policies of the DC, as well as the laws of the country in which the Customer service is located.
6.12. It is prohibited to host and/or distribute information about third parties, which is not true, and/or offends the honor, dignity and business reputation of a third party.
6.13. It is prohibited to post and/or distribute information that promotes violence or extremism that incites racial, national or religious enmity. Handle personal data of third parties without the consent of the subjects of personal data and in the absence of other reasons for its processing.
6.14. Any requests to third-party servers, including web and proxy servers, are prohibited, except when such requests are explicitly authorized by the owner of such server.
6.15. Any actions to obtain unauthorized access to third-party resources (Hack, Hacking) as well as actions to affect the performance of third-party resources (DDoS Attack) are prohibited.
6.16. On Company services is strictly prohibited activity, which aims to obtain confidential information (passwords, PINs, credit card numbers, etc.) of website visitors (Phishing).
6.17. Any actions that could lead to list Company IPs on any blacklist (Spamhaus, Barracuda, StopForumSpam, SpamCop, Blocklist, anti-virus databases and any other blacklists) are prohibited.
6.18. In case of late submission of a cancellation request Services and/or non-submission of a cancellation request, the Customer can be charged a penalty of 100% of the monthly cost of the service at the Company discretion.
6.19. In the case that the Customer has any debt to pay for any service, the Company has the right to suspend any and/or all of the Customer Services until the debt is eliminated or until a separate agreement is reached.

7. PAYMENT PROCEDURE

7.1. The minimum period for the provision of the Services and payment for them is 1 (one) month. All rates for the services offered on the Company website are indicated based on the provision of the service for the minimum period.
7.2. Payment for the Company services can be made using the services and payment systems indicated on the Company website.
7.2.1. To credit a payment to account manually, the Customer must contact the Company technical support via ticket and agree on the procedure of payment
7.3. Payment shall be credited to the Customer account balance, net of fees of the payment system if such is charged by the payment system. Payments of fees of payment systems are obliged to be made by the Customer at his own expense.
7.3.1. The services are provided by the Company on the condition of 100% prepayment.
7.3.2. If the Customer is unable to pay 100% of the monthly service renewal cost in time for any reason, in agreement with the Company, the Customer may be granted a deferral for the payment of the missing amount. Arrangements for deferral can be made via a ticket only.
7.3.3. Deferment of payment envisaged in paragraph 8.5.1. applies only for renewal of Customer Services.
7.4. Customer has the right to get a refund of unspent funds on the account balance in the event of compliance with the provisions of this Agreement.
7.4.1. The rest of the funds on the account balance can be refunded to the Customer only to the requisites from which the balance was replenished.
7.4.2.The payment system fee related to a refund of the unspent funds on an account balance of Customer pays at the expense of the Customer (the funds from the account balance can be refunded to the Customer, minus the fees of payment systems).
7.4.3. Refund of funds from the Customer account balance cannot be processed if at the end of the calendar month the Customer exceeded the limit of traffic consumption.
7.4.4. The Company has the right to refuse to refund funds if there has been a violation of the provisions of this Agreement on the part of the Customer.
7.4.5. Payments made by the Customer to the account balance using anonymous services (Bitcoin, Paymer-checks, prepaid Webmoney cards and others), as well as via e-currency exchange services and payments from partner programs cannot be returned under any conditions.
7.4.6. Company is not responsible for entering of IP into third-party registries, blacklists, lists, etc. The presence of an IP in any blacklist is not the basis for a refund.
7.5. A refund of funds specified in paragraphs 4.3. and 5.3. can be made in accordance with the conditions of paragraphs 8.4.1.-8.4.6.
7.6. The Company is not liable in cases where the payment systems through which the Customer makes payment, delay or cannot, for whatever reasons, accept and process a payment from the Customer.
7.7. Company has the right to refuse to refund funds to a Customer if the Customer has previously received a refusal in the provision of services for violating the terms of this Agreement, but the Customer created a new account.

8. OTHER CONDITIONS

8.1. Company reserves the right to change the cost of the provided Service unilaterally, in case of a significant change in the exchange rates compared to the moment when the Service was launched.
8.2. Company reserves the right to refuse to provide services to any Customer who caused material or moral damage to Company without objective reasons.
8.3. Company has the right to request verification of the account of any Customer at any time. For this, the Customer is obliged to provide:
- full-colored scanned copies of two documents with photographs, identity cards issued by public authorities (passport, international passport, military ID, driver license, etc.);
- full-colored scanned copies of utility bills;
- cell-phone number from the same location as a utility bill, to which will be sent a code to complete verification of account.
8.3.1. If a Customer does not provide documents for the account verification specified in paragraph 9.3., The Company has the right to suspend the provision of the Services to the Customer without refund of the money paid for them and to block the account until the Customer fulfills the requirements of paragraph 8.3.
8.4. The company has the right to demand a deposit of $150:
- if for payment of services, a Customer uses a WebMoney wallet if its certificate is less then the personal;
- if the Customer uses e-currency exchange services to pay for services;
- if for payment of services, the Customer uses Paymer checks or prepaid Webmoney cards;
- if for payment of services, the Customer uses Bitcoin.
8.5.The Company reserves the right to refuse to provide services to any Customer. Any content that, in the judgment of the Company, is obscene, threatening, unlawful or violates the provisions of this Agreement in any form, may be deleted, or access from the Company servers may be restricted, with or without Customer notification.
8.6. If the Customer has several accounts on the Company website, the debt, credit history, and complaint history applies to all Customer accounts, including the services located on them. Provisions of paragraph 7.19. of this Agreement may be applied to all of the Customer services on all of its accounts.
8.7. Customer is obliged to take care of the creation and storage of backups on his own. In the event of loss of the Customer data for any reason, the Company shall not be liable.
8.8. Customer agrees that the Company may add the Customer e-mail address to its mailing list. Customer has the right to refuse from letters sent by the Company, by clicking on the link indicated in the e-mail.
8.9. Customer agrees that he will independently indemnify moral and material damage to third parties caused in connection with the use of the Company services in cases when the Customer receives a complaint from any third party. In cases where the Customer causes any harm to third parties, the Company does not pay any damage caused to third parties by the Customer. All costs for damages are charged to the Customer.
8.10. The company, never and under no circumstances is not liable for the damage caused and does not compensate the damage to the Customer and/or any losses and Customer loss of profit and any losses incurred as a result of a malfunction or unavailability of the services for any reason, such as through the malicious actions of third parties persons, or because of the suspension of the Customer services, due to interruptions in the operation or breakdown of any services or other systems, or a violation of the Company systems is caused by the actions or inactions of the Company. The Company also does not bear responsibility and does not compensate damage to the Customer in cases of force majeure, any other natural disasters, fires, strikes, acts of terrorism and other circumstances that occur in the environment.
8.11. Customer undertakes to protect the Company from any liability, legal, administrative, moral, for all sorts of claims, fines, damages, costs, legal costs, caused by the Customer actions in connection with the use of the Company services.
8.12. КThe Company has the right to provide or disclose all information about the Customer used in the Company systems to law enforcement agencies in cases of the lawful request of such information from law enforcement officials.
8.13. Customer is obliged to pay for the Services of the Company for the next period, in accordance with the tariffs and prices of the Services purchased, before the expiration of the current paid period.
8.14. The Company reserves the right to refuse to provide services to Customer and/or suspend his services without refund, in case of incorrect behavior of the Customer, insults of the Company and its representatives and use of profanity and expressions that offend the honor and dignity of the Company representatives.

9. TERM OF THE AGREEMENT AND TERMS OF ITS TERMINATION

9.1. This Agreement comes into force from the moment of making an order and making payment for the Service by the Customer.
9.2. Termination of the Agreement shall mean cancellation by the Client all of his services provided by the Company or non-fulfillment of the terms of this Agreement by any of the Parties.
9.3. The Company reserves the right to amend this Agreement without any sub-agreement was signed and without notifying the Customer. AAny changes to the Agreement are effective from the moment the changes are published on the Company website. By paying for the next period of using the Services, the Customer confirms its agreement with the proposed changes.

10. DISPUTES

10.1. In the event that the Client, for whatever reason, does not agree with the actions of the administrators, or has questions or claims, the Customer can contact the Company directly at e-mail sales@vpspro.net, or by writing a ticket.
10.2. All disputes and disagreements between Customer and Company must be resolved peacefully, namely by negotiating in the ticket.
10.3. If the Parties cannot reach an understanding in the negotiating, all further dispute resolution processes occur with the involvement of independent arbitration. The cost of involving an independent arbitration shall be paid by the Customer.