A.U.P
Acceptable Use Policy
Revised: December 22th 2011.
If you choose to rent products or services with LVPSHosting, you agree with below conditions:
Article 1 General
LVPSHosting will make sure to assist their clients as much as possible with the hosting service they rent. Regarding the technical complicity and difference from the internet, LVPSHosting will not be held responsible for interruptions or delays and the eventual impossibility for the user of an account, to gain access to the hosting service(s) due to saturation of the different networks or due to any other problem that might occur, where LVPSHosting or the user can be confronted with. The client can never hold LVPSHosting responsible for an interruption of the service for planned maintenance, emergency maintenance of the network and supremacy or an outage due to negligence of a third-party client, ddos attack and/or hack attempts.
Article 2 Definitions
2.1 Customer: the company or client who comes to an agreement with LVPSHosting to rent their services, also called user.
2.2 Products and services of LVPSHosting: products and services provided by LVPSHosting, where the client can gain access to electronic information and where electronic messages between users are being exchanged; this includes the production, placement and rental of web sites, the rental and registration of a domain name, rental on Virtual Private server and Shared Hosting account, the promotion of a website and all other products and services that have anything in common with hosting.
2.3 Agreement: every mutual agreement, written or confirmed by e-mail, from delivery of one or more products and services by LVPSHosting.
Article 3 Suitability
3.1 As long as there is no deviation in writing in a mutual agreement between both parties, below articles are applicable on every offer, job or agreement of or with LVPSHosting.
3.2 Conditions of customer aka third-party clients, are not binding and applicable for LVPSHosting.
Article 4 Offer and acceptance
4.1 All offers and prices made by LVPSHosting are non-committal, unless mentioned otherwise in electronic writing.
4.2 An offer made by LVPSHosting is valid for 30 days, unless mentioned otherwise.
Article 5 Start of the agreement
5.1 An agreement will start on the day that following conditions are met: the order or contract form has been filled in and a mark has been put in front of agreeing with our conditions (on the website) or a signature has been put in writing, received and accepted by LVPSHosting; with the rental of a domain name, the yearly charge and other fees need to be paid in advance to LVPSHosting, before the actual domain is registered or transferred.
5.2 Both parties are free to prove the mutual agreement with other resources.
5.3 Add-ons and adjustments for the agreement can only be done in writing, by hand or e-mail.
Article 6 Duration and cancellation
6.1 The agreement will be valid for an unlimited period with a minimum cancellation term of 2 days in advance, unless otherwise agreed or if there's a valid reason to cancel the agreement.
6.2 The agreement will be valid for 1 month and will be continued month-to-month unless the client has cancelled his order by e-mail, at least 2 days before the next renewal date.
6.3 LVPSHosting can cancel the agreement immediately if the customer does not partly or completely follow the commitment made by him and LVPSHosting and is therefore inconsistent.
6.4 LVPSHosting has the permission to cancel the agreement with immediate effect and without courts intervention if the customer has requested or given suspension of payment, is declared broke or otherwise has lost his personal management or fortune. Last mentioned also doesn't have any right for a compensation.
6.5 Undimished specified in article 14, LVPSHosting has the right to cancel the agreement immediately and without courts intervention when:
- customer uses the internet improperly;
- customer spreads information which is in violation with (inter)national legislation and issuing of rules;
- customer spreads information which is in violation with common accepted standards and values;
- customer spreads information with discrimination of skin, race, religion, sex, culture, origin or anything that might hurt other people.
- customer uses his server(s) for spamming purposes and more than 1 complaints come in within 24 hours.
It is also not allowed to host illegal adult pages, mp3 pages, Proxy Scripts / Anonymizers, Pirated Software / Warez, imagedumps (similar to photobucket), filedumps, RapidLeech (similar to rapidshare), or banner-ad services such as commercial banner ad rotation, commercial audio streaming, Escrow, High-Yield Interest Programs(HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts., or anything related which are in violation with the legislation on the servers in the country where they are placed.
6.6 IRC proxies - are completely not allowed. By running IRC proxies, the customer risks getting an immediate termination of the server and contracts there might be.
6.7 LVPSHosting tolerates a zero-spam policy. If a complaint comes in which is related to spamming, the server will be shutdown immediately. Spammers are not welcome to abuse our network in any way.
6.8 If a customer is in violation with our terms and conditions, no refunds will be given after or before the termination of the service.
Article 7 Delivery and delivery time
7.1 Activation of a web hosting package or server will be done as fast as possible, after the payment is received, but not more than 48 hours.
7.2 If we cannot activate a package before the agreed time period, we will inform the customer about this as soon as possible. In case of superior force from LVPSHosting, the term will be extended with the term of that superior force. Excessively exceeding delivery time, can be a valid reason to cancel the agreement made between LVPSHosting and the customer.
7.3 With the request and registration of a domain name it can take a few days before it's entirely processed. Registration and activation will be done as soon as the payment and necessary (request)forms are received.
Article 8 Superior Force
8.1 Superior force between the agreement includes everything concerning law and jurisdiction.
8.2 LVPSHosting does not have to stick to the agreement if further handling is not possible due to superior force. The agreement will then be cancelled.
Article 9 Prices
9.1 All prices mentioned on this website are fixed unless mentioned otherwise.
9.2 LVPSHosting has the permission to change their prices at any time. These adjustments will be announced to the customer at least 2 weeks in advance. The customer is free to cancel the agreement if not agreed with the new prices, on the date that the new prices are valid. However we guarantee you that the amount you pay will never increase from the date of purchase.
Article 10 Payment Conditions
10.1 The customer's payment commitment will start on the day the agreement is made. The payment must be done before the package is activated or before the due date on the next invoice.
10.2 The total price, depending the cycle the agreement has, needs to be paid in advance. If no payment is received, LVPSHosting has the right not to activate the package. The compensation for other expenses is collected yearly in advance.
10.3 LVPSHosting will send customer an invoice for the rented servers per cycle, 7 days befor the due date.
10.4 If the customer does not pay on time, the customer will be informed about it and another due date will be made. If the customer does not pay 7 days after that due date, the service will be cancelled with an immediate effect until the payment is received. If the customed do not pay 14 days after the due date the hosting account will be deleted.
10.5 If the customer does not agree on the total price of the rented service, he can contact LVPSHosting within 2 weeks after the date the amount has been made available on LVPSHostings bank account. After that, LVPSHosting will investigate the problem and will refund the amount as fast as possible.
10.6 The customer is neglected starting on the time the total compensation cannot be collected or paid to LVPSHosting.
10.7 When a higher amount is received by accident, LVPSHosting will refund the difference on the customer's first notice. One and another increased with lawful interest from the day of bearing until the day the correct amount will be restored.
Article 11 Intellectual ownership
11.1 The customer has permission to download and use software that is available on the site of LVPSHosting if (intellectual) ownership is out of the question (freeware).
11.2 The customer must respect the laws of intellectual ownership of protected software and/or other work (a.k.a "shareware") and does not hold LVPSHosting responsible for him not respecting this.
Article 12 Ownership reservation
12.1 The service / material provided by LVPSHosting will remain LVPSHosting's property.
12.2 With the exception of article 11.1, the intellectual ownership is not valid for a service / material provided by LVPSHosting to the customer.
Article 13 Responsibility
13.1 LVPSHosting is with her activities dependant of the cooperation, services and deliveries of third parties, where LVPSHosting has few or no influence on. LVPSHosting can never be held responsible for any damage coming from the partnership with LVPSHosting or the cancellation of it, even if the damage originates or becomes visible during the partnership with LVPSHosting. LVPSHosting gives the user the opportunity to use LVPSHostings web space according to the chosen hosting package by the customer. The web space will be offered and maintained according to the usage of internet hosting. LVPSHosting will not be held responsible for the content hosted on their web space, except for the regular back-ups and protection of their shared and reseller hosting clients. The customer and only he is responsible for taking back-ups from his servers or services rented with LVPSHosting. LVPSHosting can be never be held responsible for the loss of data on the web server(s) and also no reimbursement or compensation can be demanded from LVPSHosting.
13.2 In case of eligible shortness by fulfilling the agreement, LVPSHosting will only be held responsible for replacing compensation; this means a compensation for the value of the omitted benefit. Any responsibility from LVPSHosting for any other kind of damage is out of the question, including supplementary compensation in any way, a compensation of indirect damage, ensuing damage, or damage by compensation for loss of earnings or profit.
13.3 The customer safeguards LVPSHosting against all claims of compensation that third-party clients may cause, in any way originated by illegal or inaccurate use of products or services delivered by the customer of LVPSHosting.
13.4 Due the big amount of connections on the internet with human interference, the use of local networks and wireless communication, you have to consider the fact that given or sent information via internet is accessible to everyone. LVPSHosting cannot be held responsible for any damage, in any case, caused by sending confidential or secret information. LVPSHosting also cannot be held responsible for security or abuse by third-party clients of saved information.
13.5 LVPSHosting is not responsible or liable for the content of the promotional material delivered by the customer.
13.6 The customer is responsible for all damage done to LVPSHosting as a result of a shortness by the customer by not following the terms and conditions stated by LVPSHosting.
13.7 Adjustments of customer's information must be done by the customer in writing (hand written or e-mail) to LVPSHosting. If the customer does not follow this condition, he is held responsible for any damage LVPSHosting might have.
Article 14 Transfer of law and duties
14.1 LVPSHosting and the customer do not have permission to transfer their law or duties coming from this agreement to third-party clients without a mutual written agreement.
Article 15 Termination
15.1 LVPSHosting can (temporarily) stop and/or limit the usage of the delivered products and/or services if the customer does not meet one or more requirements mentioned in the agreement made between the customer and LVPSHosting which handles in violation with the terms and conditions. LVPSHosting will inform the customer about this in advance, unless it cannot be desired from LVPSHosting. The obligation of paying for the due payments will also exist during the termination of the service.
Article 16 Advertising
16.1 The customer must file a claim, exactly 8 days after delivery in writing, with impairment where any claim against LVPSHosting expires.
16.2 Advertising concerning invisible impairment must be done in writing via a registered letter within 8 days after the impairment has been noticed, could have been noticed or should have been noticed. If this does not happen within those 8 days, every claim and toleration will not be valid anymore against LVPSHosting.
16.3 If an advertisement is correct, the delivered products or services will be adjusted, replaced or refunded after consideration.
16.4 Advertisements do not extend the obligations of the customer.
Article 17 Changing terms and conditions
17.1 LVPSHosting has the permission to make any modifications on the terms and conditions at any time.
17.2 Changes also count for agreements that have already been made, with observance of a term of 30 days after disclosure by writing or e-mail of the changes that have been made.
17.3 If a customer does not wish to agree on the changes in our terms and conditions, he can cancel the agreement until the date that the new terms and conditions apply, until this date or on the date of receiving of the cancellation, if this applies after the commencing date.
Article 18 Dispute regulation and appropriate right
18.1 If, at judicial pronouncement, one or more articles of these conditions are declared invalid, other provisions of these terms and conditions will remain entirely effective and LVPSHosting and constituent enters into consultation in order new provisions in substitution for null and void, or destroyed provisions to agree, where as much as possible aim and scope of the null and void, or destroyed provisions are observed.
Article 19 Money Back Guarantie
Each of LVPSHosting managed, shared, and VPS servers carry a 30 day unconditional money back guarantee. If you are not completely satisfied with our services within the first 30 days of your service, you will be given a full refund of the contract amount.
Article 20 Uptime Guarantee
If your shared / VPS server has a physical downtime that is not within the 99.9% uptime you may receive credit to your account. Approval of the credit is at the discretion of LVPSHosting dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime is defined as the reported uptime from the operating system of the server which may differ from the uptime reported by individual services. To request a credit, please contact billing{at}lvpshosting.com with justification. All requests must be made in writing via email.
Article 21 Backups and Data Loss
Your use of the service is at your sole risk. LVPSHosting will back up your account once a week, but still,we are not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on LVPSHosting servers. While LVPSHosting does maintain backups of your files and/or data we accept no responsibility should backups be unavailable for any reason including but not limited to data corruption, hardware failure, or negligence.
