T.O.S

 

Terms of Use Agreement

 

Revised: December 21th 2011.

 

The use of services from LVPSHosting constitutes agreement to these terms.

 

1. Account Setup / Email on file

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase 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.

 

2. Content

 

All services provided by LVPSHosting may be used for lawful purposes. The laws of the Netherland (Holland) Europe will apply.
The customer agrees to indemnify and hold harmless LVPSHosting from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email abuse{at}lvpshosting.com with the information required. If the request is of a licensing issue, we may require further documentation.

 

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. Forums that distribute or link to warez content is prohibited.

 

Examples of Acceptable material on Shared, Reseller, VPS hosting plans and Dedicated servers include: Any and all legal material is allowed on our virtual servers. (eg: Proxy Scripts / Anonymizers, Image Hosting sites, sites with pornographic material, and muds / rpg's etc). However 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 lidigate any potiental 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.

 

3. 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 do 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.

 

4. 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.

 

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).

 

5. 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. The "FREE WEEKLY BACKUP" option do not apply for the dedicated servers.

 

6. 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 and email to billing{at}lvpshosting.com. 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 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 intitial 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 paid 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 apply Shared Hosting accounts only, NOT the virtual servers).

 

7. Resource Usage for the Shared Hosting acocunts:

 

User may not:

 

a) Use 25% or more of system resources for longer then 120 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.

 

b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.

 

c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.

 

d) Run any software that interfaces with an IRC (Internet Relay Chat) network.

 

e) 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.

 

f) Participate in any file-sharing/peer-to-peer activities

 

g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc

 

h) Run cron entries with intervals of less than 15 minutes without prior written approval.

 

8. 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. You will be billed for bandwidth usage beyond your allocated aboumt at the rate of $9 per 100gigabytes. Unused transfer in one month cannot be carried over to the next month.

 

9. Money Back Guarantie

 

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

 

10. Uptime Guarantee

 

If your shared account/ Virtual Private 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 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.

 

11. 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.

 

12. 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.

 

13 a. Indemnification

 

Dedicated servers are commonly delivered within 24-48 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 24 hour setup time, we reserve the right to extend delivery times if required. Failure to deliver a server within 48 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 can a refund 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.

 

13 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.

 

13 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.

 

14. 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.

 

15. 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.

 

16. Changes to the TOS

 

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.