|US/Canada(Toll Free): +1 888 587 2278
Europe/UK: +44 (020) 7193 9408
Australia/New Zealand: +61 3 9016 4497
|US/Canada(Toll Free): +1 888 587 2278
Europe/UK: +44 (020) 7193 9408
Australia/New Zealand: +61 3 9016 4497
When using the Service provided by VPASP, defined below in Section 1.1, you agree to be bound by all of the following terms (the "Terms of Service") within this Agreement.
VPASP reserves the right to alter, ammend or modify any provision of this Terms of Service Agreement at any time with or without prior notice to you (but of course we always notify our clients about any change in any part of our service).
This Agreement is effective from your acceptance thereof, which is indicated by the establishment of
your account. If you are a current VPASP client when this Agreement is activated, your continued use
of the Service constitutes your acceptance of this Agreement.
1.1. VPASP provides Website Hosting services, including, but not limited to, Diskspace for File Storage; FTP Access for uploading and downloading files to and from your assigned account.
1.2. Any means of identification assigned to you by VPASP (including username and IP address) will remain the property of VPASP. VPASP reserves the right to alter or replace these forms of identification at any time.
1.3. VPASP makes no guarantees as to the continuous availability of the Service
or any specific feature of the Service. VPASP reserves the right to discontinue and/or change the
Service or any of its features at any time with or without notice.
2.1. In consideration of the Use of the Service, outlined below in Section 3, Client certifies to VPASP that he/she is not a minor. By accepting this Agreement, you represent that you are at least 18 years of age.
2.2. You agree to provide VPASP with accurate, complete and up-to-date billing information, including your legal name, electronic mail (e-mail) address, home address, and telephone number. All changes to this information should be reported to VPASP as soon as possible.
2.3. By accepting this Agreement, you agree that you are responsible for all charges
posted to your account until you close the account as specified in Section 11. If any information provided by
you is inaccurate, not current or incomplete, VPASP retains the right to suspend or terminate your
3.1. You, and those you authorize, are the only individuals who are authorized to access the Service through your account. You must ensure that all authorized users on behalf of your account comply with this Agreement.
3.2. You are responsible for maintaining the confidentiality of passwords used by yourself or any authorized user for your account.
3.3. You will not use the Service or permit others to use the Service through your
account in any way that violates any law or regulation; subjects VPASP to liability; or is in any
violation of the VPASP Terms of Service Agreement.
4.1. You agree to be solely responsible for the content of your transmissions through the Service. You acknowledge that VPASP simply acts as a passive conduit for the distribution and transmission of data.
4.2. You agree that your use of the Service is subject to all applicable local, state, national
and international laws and regulations. Furthermore, you agree that you recognize that violation of any such
laws, rules and regulations shall be cause for immediate termination, without notice, of your account at the
sole discretion of VPASP.
5.1. Illegality in any form, including, but not limited to, activities such as unauthorized distribution or copying of copyrighted software; violation of U.S. or International export restrictions; harassment; fraud; drug dealing; intentionally inflicting emotional distress; violating trademarks; copyrights; and other intellectual property rights.
5.2. We reserve the right to remove permission to access the Service if we suspect security violation attempts involving your account, whether directly deliberately caused by you or not./p>
5.3. Spamming, to send unsolicited commercial email or newsgroup posts, from the server or involving your domain.
5.4. Mail bombing, sending of large files or emails to other users against the request of an Internet user, whether or not our servers are used.
5.5. Violations of system or network security is prohibited, and may result in criminal and civil liability. Examples include, but are not limited to, the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
5.6. The use of programs that consume in excess of 25% CPU for more than 90 seconds or in excess of 512mb Random Access Memory (RAM) on the server for a prolonged period as defined by VPASP on a per server basis.
5.7. Unacceptable site content, links, storage and/or distribution including, but not limited to, pirated software or programs which are intended or used for security violation purposes ("cracking software"); "Warez Sites"; "IRC Bots"; offensive material; and defamatory, scandalous, or private information about a person without their consent.
ALL FORMS OF 'UNACCEPTABLE USE OF SERVICE' ARE STRICTLY FORBIDDEN. EVIDENCE OF SUCH MATERIAL WILL BE CAUSE FOR IMMEDIATE TERMINATION OF SERVICE. VPASP WILL BE THE SOLE ARBITERS AS TO WHAT CONSTITUTES A VIOLATION OF THIS PROVISION. VPASP WILL NOTIFY THE APPROPRIATE LAW ENFORCEMENT DEPARTMENT IF SUCH VIOLATION IS A CRIMINAL OFFENSE.
5.8. The use of more than 100,000 inodes on any one domain. An inode is a single file that could be defined as, but not limited to, a page, email, image, script or document.
6.1. Setup fees (where applicable) are non-refundable.
6.2. VPASP reserves the right to change prices, rates and/or institute new charges/fees at any time upon 30 days prior notice.
6.3. A service charge, up to the maximum allowed by the state you reside in, will be assessed to your account for each check that is returned to VPASP for insufficient funds.
6.4. Payment must be made towards your account on its assigned due date. If your account is delinquent, your account may be suspended or terminated at the sole discretion of VPASP.
IF YOUR ACCOUNT INCURS CHARGES WHICH ARE DENIED BY YOUR FINANCIAL INSTITUTION, VPASP RESERVES THE RIGHT TO RE-BILL FOR THOSE CHARGES, REGARDLESS OF YOUR ACCOUNT STATUS.
6.5. If you believe that VPASP has billed you in error, you must contact the Billing Department within 30 days of the invoice or transaction date of the charge.
7.1. You assume full responsibility and risk for use of the Service by you and your authorized users. The Service is provided on an "as is" and "as available" basis. VPASP does not warrant that the Service will be uninterrupted or error-free. VPASP makes no express or implied warranties, representations or endorsements including, but not limited to, warranties of title, non-infringement or implied warranties of service or fitness for a particular purpose regarding all information or service provided through VPASP. No advice or information given by VPASP, its employees, affiliates or contractors shall create a warranty.
7.2. VPASP shall not be liable for any costs or damages arising directly or indirectly from use of
the Service. It is solely your responsibility to evaluate the accuracy, quality, completeness, and usefulness
of all opinions, advice, services, and other information provided through the Service.
8.1. If you are dissatisfied with the Service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to terminate this Agreement and discontinue using the Service by closing your account by one of the methods outlined in Section 11.
8.2. Under no circumstances shall VPASP, its employees, affiliates or contractors be liable
for any direct, indirect, incidental, special, punitive, or consequential damages that result in any way
from any: use of your account or the Service or your inability to use the Service; your reliance on or use
of information, services or merchandise provided on or through the Service or that result from mistakes,
ommissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any
failure of performance.
You agree to defend, indemnify, and hold VPASP and its affiliates harmless from any and all
liabilities, costs, and expenses, including reasonable attorneys' fees, related to or arising from: any
violation of this Agreement by you or those who access this Service through your account; the use of the
Service or the Internet in general; and the placement or transmission of any message, information, software,
or other materials on the Internet by you or by those who have access to the Service through your account.
10.1. You may terminate this Agreement by using the methods outlined in Section 11 of this Agreement. Your termination will only be complete upon your receipt of a confirmation number from VPASP. You will recieve this confirmation number via Electronic Mail. Charges to your account will stop accruing the day you recieve your confirmation number.
10.2. VPASP may terminate this Agreement at any time without cause upon 30 days prior notice; or; immediately if you or any person who has access to the Service through your account, commit a material breach of this Agreement including, but not limited to, a breach of any obligation imposed under Sections 2, 3, 4, 5 or 6 or if you fail to pay any charges within 7 days of the date they accrue.
10.3. Upon termination of this Agreement, all rights granted to you or your authorized users under this Agreement shall immediately cease and terminate.
10.4. Termination from this Agreement does not release you from the obligation to pay all accrued charges under this Agreement.
10.5. Sections 6, 7, 8, 9, and 11 shall survive termination of this Agreement, VPASP retains
the right to enforce these provisions regardless of account status.
11.1. You may close your account by sending an email or submitting a support request to our billing department. The request must meet the following criteria:
Include your account information (domain name, username, IP address, server name and password).
Reference your Order/Authorization Number you recieved with your first reciept of payment.
Requests to cancel accounts or the termination of your payment plan at VPASP will result in the
IMMEDIATE deactivation of your account unless specified by the Client.
12.1. You may close your dedicated server account by folllowing the terms laid out in section 11.
12.2. The closure of a Dedicated server account requires 2 weeks notice. Notice must be given
within 2 weeks of account payment.
This Terms of Service Agreement constitutes the entire Agreement between you and VPASP with respect to the Service.
We appreciate this is a daunting document but we are obliged to provide it. If you have any questions please do contact us but normally The Short Version above will satisfy most enquiries.