Terms Of Use Agreement

The use of services from LVPSHosting.com constitutes agreement to following terms.

Revised: April 16th 2015.

Article1, Definitions

Supplier LVPSHosting.com
Customer the natural or legal person who has concluded an Agreement with the Supplier or to whom the Supplier has submitted a quotation for this purpose
Terms and Conditions the present document
Service the specific service that the Supplier agrees with the Customer, as stated in the agreement or quotation
Agreement the agreement between the Supplier and the Customer in accordance with which the Supplier will provide the Service
Website LVPSHosting.com

Account Setup / Email on file

    We will setup your account after your payment is received and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is valid and not related to the domain(s) you are signing up under for services. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. In high risk transactions, it may be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

Content

    All services provided by LVPSHosting may be used for lawful purposes. The laws of the Netherland (Holland) Europe will apply.The Customer shall not publish or display any information through the Supplier that is in breach of Dutch law. The customer agrees to indemnify and hold harmless LVPSHosting from any claims resulting from the use of our services. Examples of unacceptable material on all Shared, Reseller, VPS hosting plans and Dedicated Servers include: IRC Bots, 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 (more than one or two streams), 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.

Spamming will not be tolerated. We reserve the right to refuse service to anyone. Failure to respond to email from our abuse department within a reasonable amount of time to litigate any potential situations may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response in a timely fashion. If in doubt regarding the acceptability of your site or service, please contact us at abuse{at}LVPSHosting.com and we will be happy to assist you. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita).

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 644 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. The Supplier shall employ a complaints procedure that allows third parties (‘complainants’) to submit a complaint where they feel that such a breach has taken place. If a complaint is justified in the judgment of the Supplier, the Supplier is entitled to remove or block the material. In that case the Supplier is also entitled to provide personal details of the Customer to a reporting party or the competent authorities. The Supplier shall inform the Customer about the proceedings. The Supplier is entitled to report any potentially illegal information. To this end the Supplier can provide all relevant Customer details and the information in question to the competent authorities and take all other actions required by these authorities as part of the investigation. In the event of repeated complaints about information published by the Customer, the Supplier is entitled to dissolve and/or terminate the Agreement.

The Customer shall indemnify the Supplier against all losses as a consequence of the above. The Supplier is not liable for any losses the Customer suffers as a result of intervention by the Supplier as part of the complaints procedure. The Customer shall refrain from being a nuisance to other Customers or Internet users or causing damage to the servers. The Customer is not permitted to start up processes or programs, whether or not via the server, that the Customer knows or can reasonably presume will be a nuisance to the Supplier, other Customers or Internet users or cause damage. The Supplier shall notify the Customer of any measures. The Customer shall comply with generally accepted Internet etiquette as laid down in RFC1855 (ftp://ftp.ripe.net/ rfc/rfc1855.txt) and future adaptations of the same. The Customer is not permitted to transfer the user name or user names and password or passwords provided by the Supplier to third parties without the consent of the Supplier. The Supplier can set a maximum amount of storage space that the Customer may use as part of the Service. Where this maximum is exceeded, the Supplier is entitled to charge an additional amount, in accordance with the amounts for additional storage space given on the Website. There is no liability for consequences of failure to send, receive, save or edit data if an agreed storage space limit has been reached. The Customer hereby grants the Supplier an unrestricted licence to distribute, save, forward or copy all the materials distributed by the Customer using the systems of the Supplier in any way considered suitable by the Supplier, but only to the extent reasonably necessary for the fulfillment of the Agreement by the Supplier. Apart from the obligations under the law, damage resulting from incompetence or the failure to act in accordance with the aforementioned points is for the account of the Customer.

Zero Tolerance Spam Policy

    We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will not be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Also, our 30 days money back guarantee does not apply for the accounts terminated because of a spamming activities. LVPSHosting reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established terms of service, or to make any such modifications in an emergency such as a DDoS attack or server resource abuse at its sole discretion. LVPSHosting reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of LVPSHosting and will reflect the fees incurred to recover the IP's from mailing blacklists and any other costs incurred by such activity.

Payment Information

    You agree to supply appropriate payment for the services received from LVPSHosting, in advance of the time period during which such services are provided. You agree that until and unless you notify LVPSHosting of your desire to cancel any or all services received, those services will be billed on a recurring basis. Cancellations must be done in writing via the cancellation form provided in the client portal. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you that your account has been canceled. At this time, your account with us has been canceled. If you do not hear back from us or receive an e-mail confirming this cancellation, please contact us immediately. The Supplier shall send the Customer an invoice for the amount owed by the Customer. The term of payment of this invoice is one month following the date of the invoice, unless otherwise stated on the invoice or otherwise agreed in the Agreement.Notwithstanding the previous clause, the Supplier is not obliged to send an invoice if the Agreement is a continuing performance agreement. The Customer shall pay the Supplier monthly or another agreed period the amount payable for that period in advance. As a client of LVPSHosting, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. LVPSHosting provides a 7 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 7 days and not paid will result in an account suspension until account balance has been paid in full. Any account that is overdue for 14 days and has not paid will be automatically terminated. The "7 days grace" period do not apply for the Dedicated Server customers, domain and control panel payments. Dedicated Server clients and cPanel VPS clients have 24 hours grace period. If the invoice is not paid 24 hours after the invoice due date the server will be terminated (deleted).

Backups and Data Loss

    Your use of the service is at your sole risk. LVPSHosting will back up your account once a week, but 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. The "FREE WEEKLY BACKUP" option do not apply for the Dedicated Servers.

Cancellations and Refunds

    Cancellations must be submitted via a sales ticket by the account in which the service was purchased from or our Billing and Support system by sending an email to Billing. Virtual Server cancellations must be submitted at least 48 hours prior to your renewal date. LVPSHosting reserves the right to cancel any account at any time with or without notice. After 30 days a prorated refund may be given at LVPSHosting discretion. There are no refunds for domain registrations Dedicated Servers and control panel payments for any reason other than being unable to supply you with the product purchased. This includes requesting a cancellation during the server setup period, the server will be canceled at the end of the billing cycle. Any abuse or insult of our staff in any medium or format will result in the suspension or termination of your services and you will not be eligible for a refund. Customers may cancel at any time via the cancellation form in your client portal or by sending an email to billing {at}LVPSHosting.com. LVPSHosting gives you an unconditional 30 day money back guarantee on Shared Hosting, and VPS solutions. Refund requests after the initial 30 days will be refunded on a prorated basis of any unused time. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us. If you do not pay your invoice on time your Virtual Server will be deleted 14 days after the due date of your unpaid invoice. Violations of the Terms of Service will waive the refund policy (this applies Shared Hosting accounts only, NOT the Virtual Servers).

Resource Usage for the Shared Hosting accounts:

User may not:
  • Use 25% or more of system resources for longer than 120 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
  • Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
  • Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
  • Run any software that interfaces with an IRC (Internet Relay Chat) network.
  • Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
  • Participate in any file-sharing/peer-to-peer activities.
  • Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
  • Run cron entries with intervals of less than 15 minutes without prior written approval.

Bandwidth Usage

    You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

Money Back Guarantee

    Each of LVPSHosting managed, shared, and Virtual Private servers carry a 30 days 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. Dedicated Servers are not covered with our 30 days money guarantee option.

Uptime Guarantee

    If your shared account/ Virtual Private server has a physical downtime that is not within the 99.99% uptime you may receive credit to your account. Approval of the credit is at the discretion of LVPSHosting dependent 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 of the server 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. Uptime guarantees apply to all our Shared Hosting plans and Virtual Servers.

Price Change

    The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on www.LVPSHosting.com, and the right to increase the amount of resources given to plans at any time.

Dedicated Servers

By using any LVPSHosting services, you agree to binding arbitration. If any disputes or claims arise against LVPSHosting or its subsidiaries, such disputes will be handled by an arbitrator of LVPSHosting choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.

a) Indemnification

    Dedicated Servers are commonly delivered within 6-12 hours or less after you have received your order confirmation. Due to market demand, product inventory and holiday's server deliveries can exceed the common 6 hour setup time, we reserve the right to extend delivery times if required. Failure to deliver a server within 24 hours does not constitute the inability to provide the service as set out in the cancellation and refund paragraph above. After the 48 hour setup period LVPSHosting, in it’s sole discretion may offer the option for a refund, if the client chooses the refund option, cancellation confirmation must be sent to the client before the account or service can be considered canceled. Under no circumstances a refund can’t be processed for a Dedicated Server after it has been delivered. Cancellation requests received during the server setup time will be handled as set out in the cancellation and refund paragraph above. Should the client choose to continue to wait for delivery if this option is given, the client may request the billing cycle to be adjusted to the date the server was delivered. This type of service is not available for our 30 Day Money Back Guarantee. We do not back up Dedicated Servers by default and it is the responsibility of the client to maintain their own backup solution or purchase an add-on service from LVPSHosting intended for this purpose if available. As a cost effective backup solution you may consider adding an additional hard drive to your server to maintain backups.

b) Limited Liability

    Under no circumstances, including negligence, shall LVPSHosting, its offices, agents or any one else involved in creating, producing or distributing LVPSHosting services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the LVPSHosting services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to LVPSHosting records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on LVPSHosting servers.

c) Arbitration

    By using any LVPSHosting services, you agree to binding arbitration. If any disputes or claims arise against LVPSHosting or its subsidiaries, such disputes will be handled by an arbitrator of LVPSHosting choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.

Prices

  • All prices are exclusive of turnover tax (VAT), unless other- wise stated.
  • All prices on the Website, in quotations, folders and other Supplier documentation are subject to programming and typing errors. No liability will be accepted for the consequences of such errors.d
  • All the costs arising for the Supplier under the Agreement are for the account of the Customer, provided that they are attributable to the Customer.

Disclaimer

    LVPSHosting shall not be responsible for any damages your business may suffer. LVPSHosting makes no warranties of any kind, expressed or implied for services we provide. LVPSHosting disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by LVPSHosting and its employees.

Severability

    If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Agreement will remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.

Availability of the Service

    The Supplier shall make every effort to achieve uninterrupted availability of the Supplier’s systems and networks, and to provide access to data stored by the Supplier, but does not provide any guarantees unless otherwise agreed in the quotation or the electronic ordering procedure in the form of a an SLA designated as such. Unless this has been otherwise stipulated in such an SLA, the provisions laid down in this article apply to availability. The Supplier shall make every effort to keep the software the Supplier uses up to date. In this regard the Supplier is however reliant upon its Supplier(s). The Supplier is entitled not to install given updates or patches if in the Supplier’s opinion this will not aid proper delivery of the Service. The Supplier shall make every effort to ensure that the Customer can use the networks that are directly or indirectly connected to the network of the Supplier. The Supplier cannot however guarantee that these networks (of third parties) will be available at any given time. If in the opinion of the Supplier the operation of the computer systems or the network of the Supplier or third parties and/or of the services using a network is at risk, in particular as a result of excessive sending of email or other data, poorly protected systems or activities of viruses, trojans and similar software, the Supplier is entitled to take all the steps that the Supplier reasonably considers necessary to avert or prevent this risk.

Domain names and IP addresses

    If the Service (also) includes mediation by the Supplier in obtaining a domain name and/or IP address for the Customer, the provisions laid down in this article also apply. Application, assignment and any use of a domain name and/or IP address are dependent on and subject to the applicable rules and procedures of the registration authorities concerned, including the SIDN and RIPE. The authority concerned decides on the assignment of a domain name and/or IP address. The Supplier merely fulfils a mediating role in the application and does not give any guarantee that an application will be successful. The Customer can only learn the fact of registration from the letter of confirmation from the Supplier, which states that the domain name requested has been registered, unless otherwise stated. An invoice for registration fees is not a confirmation of registration. The Customer shall indemnify and compensate the Supplier for all losses connected with (the use of ) a domain name on behalf of or by the Customer. The Supplier is not liable for the losses by the Customer of its right(s) to a domain name and/or IP address or for the fact that the domain name and/or IP address have in the meantime been requested and/or obtained by a third party, except in the event of intent or gross negligence of the Supplier. If the Supplier registers a domain name in the Supplier’s name on behalf of the Customer, the Supplier shall cooperate with requests of the Customer to relocate, transfer or cancel this domain name. The Customer must comply with the rules that registration authorities lay down for application, assignment or use of a domain name and/or IP address. The Supplier has the right to deny access to the domain name or make it unusable or to put it in its own name where the Customer is demonstrably in default in the fulfilment of the Agreement, such however only for the time that the Customer is in default and only on expiry of a reasonable period for fulfilment set in a written notice of default. In the event of dissolution of the Agreement for breach of contract by the Customer, the Supplier is entitled to cancel the domain name and/or IP address subject to one month’s notice.

Resellers

    If the Service (also) includes the reselling, reletting or otherwise providing against payment (‘Reselling’) of products or services of the Supplier by the Customer to the Customer’s clients, the provisions laid down in this article also apply. In the case of Reselling the Customer shall act in the Customer’s own name, for its own account and for its own risk and is not entitled to conclude agreements for, or on behalf of the Supplier, or to create the impression that the Customer is the agent or representative of the Supplier. The Customer is free in the provision of its offering and prices to its clients, within the limits of the Supplier given in the quotation. The Customer must impose at least the same obligations on its clients as the Supplier imposes on the Customer with regard to the product(s) or service(s) provided. The Supplier can demand that the Customer submits proof of this. The failure of clients of the Customer to pay or pay on time does not discharge the Customer from the Customer’s payment obligations to the Supplier. The Supplier shall only seek contact with clients of the Customer through the Customer, unless the Supplier has an urgent reason for approaching these clients directly or the Customer gives consent for direct contact. (Impending) damage and nuisance for third parties as a result of the activities of clients is in any event an urgent reason. The Customer is not entitled to use any trade name, brand name, logos or marks of the Supplier in promotional or commercial communication with a view to using the good-will or good name of the LVPSHosting.com Supplier for the canvassing of clients by the Customer. The Customer may however communicate in a businesslike manner that it uses products and/or services of the Supplier. The Customer is at all times fully liable for everything that the Customer’s clients do, or fail to do, using the systems or networks of the Supplier or those of its suppliers. In the event of dissolution of the Agreement for breach of contract by the Customer, the Supplier acquires the right to approach, to inform and possibly to take over the Customer’s clients.

Faults and force majeure

    The Supplier has the right to take its systems, including the Website, or parts thereof temporarily out of service for the purposes of maintenance, modification or improvement. The Supplier shall endeavour to arrange for such taking out of service to take place as far as possible outside office hours and shall make every effort to notify the Customer of the planned taking out of service in good time. Under no circumstances however is the Supplier liable for compensation for losses in connection with such taking out of service. The Supplier has the right to modify its systems, including the Website, or parts thereof from time to time to improve the functionality and to rectify faults. If a modification leads to a substantial change in the functionality, the Supplier shall make every effort to notify the Customer thereof. In the case of modifications that are relevant for several customers, it is not possible to forgo a given modification for the Customer alone. The Supplier is not liable for any compensation of losses due to such a modification. In the event of the non-availability of the Service, due to faults, maintenance or other causes, the Supplier shall make every effort to inform the Customer of the nature and the expected duration of the interruption. In the event of force majeure, which shall in any event include faults or failure of the Internet, the telecommunications infrastructure, SYN flood, network attack, DoS or DDoS attacks, power failures, internal civil commotion, mobilisation, war, obstruction in transport, strike, lockout, business disruptions, delay in supply, fire, flood, import and export impediments and in the event that the Supplier is prevented from supplying through its own Suppliers, irrespective of the reason for this, as a result of which fulfilment of the Agreement cannot reasonably be required of the Supplier, the performance of the Agreement shall be suspended, or the Agreement shall be terminated when the force majeure situation has lasted more than 90 days, all without any obligation to pay compensation.

Connectivity

    Each month the current consumption of the Customer will be looked at. If the consumption differs from the expected package, the package can be modified retrospectively. An increase will be implemented immediately. A decrease can only be implemented at the end of the term of this Agreement Data traffic is not transferable to a subsequent month, and/or hardware, unless otherwise agreed. The term data traffic means all the network traffic generated by the Customer, incoming and outgoing. Incoming and outgoing traffic are added together to calculate data traffic.The Supplier can set a maximum quantity of data traffic per month that the Customer may use as part of the Service. Where this maximum is exceeded, the Supplier is entitled to charge an additional amount, in accordance with the amounts for additional data traffic stated on the Website. No liability exists for consequences of the in- ability to send, receive, save or edit data if an agreed data traffic limit has been reached.

Intellectual property rights

    All intellectual property rights to all the materials, software, analyses, designs, documentation, opinions, reports, quotations, and preparatory material thereof, developed or provided as part of the Service, are vested exclusively in the Supplier or its licensers. The Customer shall only acquire the rights of use and powers arising from the scope of the Agreement or granted in writing, and otherwise the Customer shall not reproduce or publish the software or other materials. The Customer is not permitted to remove from the materials or to amend any marking concerning copyrights, brands, trade names or other intellectual property rights, including markings concerning the confidential nature and secrecy of the materials. The Supplier is permitted to take technical measures to protect the materials. If the Supplier has used technical protection to protect the materials, the Customer is not permitted to remove or to evade this protection. Any use, reproduction or publication of the materials that is beyond the scope of the Agreement or rights of use granted will be regarded as a breach of copyright. The Customer shall pay the Supplier an immediately payable penalty that is not open to judicial moderation of $1,500 USD per breach, without prejudice to the right of the Supplier to obtain compensation for its losses on account of the breach or to take other legal action in order to terminate the breach.

Confidentiality

    The Parties shall treat information that they provide each other before, during or after the execution of the Agreement confidentially when this information is marked confidential or when the receiving party knows or must reasonably presume that the information was intended to be confidential. The Parties shall also impose this obligation on their employees and third parties engaged by them for the execution of the Agreement. The Supplier shall not examine data that the Customer stores and/or distributes using the systems of the Supplier, unless this is necessary for proper performance of the Agreement or the Supplier is obliged to do so in pursuance of a legal provision or by court order. In that case the Supplier shall make every effort to limit the examination of the data as far as possible, to the extent that this lies within its power.

Final provisions

    This Agreement is subject to Dutch law. Unless otherwise stipulated by the mandatory rules, all disputes arising from this Agreement shall be submitted to the competent Dutch court for the district in which the Supplier is established. If any provision of this agreement proves to be invalid, this shall not affect the validity of the Agreement as a whole. The Parties shall in that case lay down (a) new provision(s) by way of replacement, which as far as is possible by law gives shape to the intention of the original Agreement and General Terms and Conditions. The term ‘in writing’ in these terms and conditions includes email and communication by fax, provided that the identity and integrity of the email or fax are duly established. The version of any communication, measurements made (such as data traffic, but not limited to this) and monitoring by the Supplier received or stored by the Supplier shall count as authentic, subject to evidence to the contrary to be provided by the Customer. The Parties shall immediately notify each other in writing of any changes of name, postal address, email address, telephone number and if so required bank account number. The Customer is only entitled to transfer its rights and obligations under the Agreement to a third party with the prior consent of the Supplier in writing. The Supplier can do this without the consent of the Customer. LVPSHosting reserves the right to revise its policies, please check the date on the top of each policy to see if there has been an update.

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