Terms Of Service
This is an agreement between VPSGB and the user of VPSGB’s products and services on the other hand. In this agreement, “You” and “Your” refer to you or any agent, employee, servant or person authorized to act on your behalf. “We”, “Us” and “Our” refer to VPSGB. This agreement explains our obligations to you, and explains your obligations to us for various services offered by VPSGB. When you use your account or permit someone else to use it, or when you purchase or otherwise acquire access to VPSGB service(s) or products, or when you cancel your VPSGB services (even if we were not notified of such authorization), this agreement applies.
You agree that VPSGB may modify this agreement and the services it offers to you from time to time. You agree to be bound by any changes VPSGB may reasonably make to this agreement when such changes are made. If you have purchased services or products from VPSGB, the term of this agreement shall continue in full force and effect for as long as you take advantage of and use our products or services.
By using our services, you also agree to the following policies:
Information Accuracy and Account Ownership
Account Use and Ownership. You agree to follow generally accepted rules of “Netiquette” when sending e-mail messages or posting to newsgroups. You are responsible for the security of your password. VPSGB will not change passwords to any account without proof of identification, which is satisfactory to VPSGB, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes you, you understand that VPSGB will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will VPSGB be liable for any losses incurred by you during this time of determination of ownership, or otherwise. You agree to indemnify and hold harmless VPSGB from any and all claims arising from such ownership disputes.
Accurate Information. You agree to maintain accurate information by providing updates to VPSGB, as needed, for as long as you use our services. You agree you will notify VPSGB within five (5) business days when any change of the information you provided as part of the application and/or registration process changes. Failure by you, for whatever reason, to respond within two (2) business days to any inquiries made by VPSGB to determine the validity of information provided by you will constitute a material breach of this agreement. If you provide any information that is inaccurate, not current, false, misleading or incomplete, or if VPSGB has reasonable grounds to suspect that your information is inaccurate, not current, false, misleading or incomplete, VPSGB has the absolute right, in its sole discretion, to terminate services and close your account.
Fraud Prevention. VPSGB reserves the right to screen all orders for potential fraud or abuse. Should an order become flagged by any automated system as fraud or abuse it shall be the customer’s responsibility to contact VPSGB to resolve the issue. VPSGB shall be in no way liable for orders which are delayed because of fraud/abuse prevention. VPSGB reserves the exclusive right to deny an order or purchase at any time, including suspending or revoking a purchase or order after it has been delivered, should VPSGB believe that the order is fraudulent or dangerous to its network.
Non-exclusive License. If you have licensed software from VPSGB, VPSGB grants you a limited, non-exclusive, nontransferable and non-assignable license to use the software for such purposes as are ordinary and customary. You are free to use the software on any computer, but not on two or more computers at one time. You agree to not alter or modify the software. You agree you are not authorized to combine the software with any other software program, create derivative works based upon the software, nor are you authorized to integrate any plug-in or enhancement which uses or relies upon the software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code.
VPSGB reserves all rights to the software. The software and any copies you are authorized to make are the intellectual property of VPSGB. The source code and its organization are the exclusive property of VPSGB and the software is protected by copyright law. Except as expressly provided for in this section, this agreement does not grant you any rights in the software and all rights are reserved by VPSGB.
Any such software and services are provided to you “as is” without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose.
Storage and Security. At all times, you shall bear full risk of loss and damage of your server and all of your server content. You are entirely responsible for maintaining the confidentiality of your password and account information. You acknowledge and agree that you are solely responsible for all acts, omissions and use under and charges incurred with your account or password or in connection with the server or any of the content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to your server content; (ii) maintain independent archival and backup copies of your server content; (iii) ensure the security, confidentiality and integrity of your server content transmitted through or stored on VPSGB servers; and (iv) ensure the confidentiality of your password. VPSGB ’s servers are not an archive and VPSGB shall have no liability to you or any other person for loss, damage or destruction of any of your content. The services offered by VPSGB are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. VPSGB shall have no liability to you or any other person for your use of VPSGB products and/or services in violation of these terms.
Resource Allocation. It is acknowledged that any single account is entitled to utilize the server resources, within reason, up to what is allotted or by what is physically available. If resources become scarce, VPSGB reserves the right to limit users of the affected machine to a lower limit to preserve the effectiveness of the service for all users. If a particular user is in extreme excess of what the average users of the machine have in use (actually used) of their resource allotments, that customer may be asked to remove content, cut resource usage, or relocate to a higher resource plan. This policy only applies to servers that are considered to be abusive in service, disk space or resource consumption and where it is evident that the Acceptable Usage Policy of resources among customers has been breached, particularly in regards to disk space, bandwidth or CPU processing power utilization.
VPSGB may at its discretion choose to throttle or limit network throughput on its services in relation to the allotted resources purchased by the customer in order to ensure network stability for all customers. VPSGB does not and cannot guarantee network speeds or latency at any point in time.
Disclosure of Information. VPSGB may disclose any subscriber information or other details to law enforcement agencies, fraud prevention/tracking databases, financial institutions, or other organizations as it sees fit without further consent or notification to the subscriber upon lawful request from such agencies or as deemed necessary by us. Such agencies or organizations will receive the full cooperation of VPSGB in the event a claim or investigation is required.
Unmanaged Services. You agree and accept that unless otherwise explicitly noted all services provided by VPSGB are considered “unmanaged” and VPSGB is under no obligation to assist the customer with operating system, software, or other configuration or maintenance tasks beyond ensuring that the customer’s basic services (IE: ‘server’) is accessible and running. VPSGB may opt to provide one off or recurring maintenance services at its discretion.
VPSGB reserves the right to impose the following regulations, rules and stipulations on all services:
- Refuse to grant or otherwise restrict, revoke, disable or modify customer access, permissions, logins, or root access to any part of the service at any time for any reason
- Change, modify, add, or remove software, settings, configurations, or other items with or without notifying the customer at any time for any reason.
- Other items at VPSGB ’s discretion not listed above.
All software for which support is desired should be setup and maintained in line with the recommendations of the vendor. Failure to follow vendor recommended specifications or other published requirements may inhibit our ability to support the item.
It shall also be up to VPSGB to determine what services it terms as managed and what is considered unmanaged. Should the actions of a customer using a managed service result in an issue which burdens VPSGB’s staff in having to repair the issue, VPSGB reserves the right to charge up to £60 GBP an hour for technician’s time, in 15-minute increments. It shall be up to the managing team member of VPSGB to determine when and why technician time fees apply in addition to any regular managed service fees.
Rules of Conduct
Abuse of Services. VPSGB reserves the right to actively monitor its network using any methodology or technology available to it to ensure that its services are not being abused. Should abuse be detected, abuse being defined as services being used in any manner in violation of this agreement, our Acceptable Usage Policy, or in any action determined to be abusive in nature at our sole discretion, VPSGB, may choose to limit, suspend, terminate, or otherwise modify a customer’s service. Detailed definitions of what constitutes abuse and associated procedures are found in our Acceptable Usage Policy.
Support Services and Customer Conduct. VPSGB agrees to support your account as a customer to the best of its abilities within the terms outlined in the present agreement and expects customers to conduct themselves in an appropriate manner. Verbal or written abuse, including but not limited to (i) Swearing, cussing, use of profanity, aggressiveness or (ii) use of all capital letters in an effort to shout or intimidate any VPSGB representative will result in a warning and termination of the communication by the representative. It shall be up to the sole discretion of VPSGB to determine abuse behavior. Failure to cease any abuse will result in immediate account termination without refund.
Legal Usage. All of VPSGB’s web hosting and/or related electronic services can only be used for legal purposes under all applicable laws. Violations of these or any other provisions of this agreement may result in termination of the services provided by VPSGB, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of VPSGB based upon the severity of the violation. VPSGB reserves the right to refuse service if any of the content within, or any links from, the Account Holder’s website is deemed illegal, misleading, or obscene, or is otherwise in breach of VPSGB ’s then current Acceptable Use Policy, in the sole and absolute opinion of VPSGB.
Safe Use. You agree not to harm VPSGB, its reputation, computer systems, programming and/or other persons using VPSGB’s services. VPSGB reserves the right to select the server in which the Account Holder will be hosted. A failure by you to agree to and comply with the terms of this provision may result in the termination of the services provided to you without any refunds of the unused prepaid portion of service fees.
Third Party Content. Should you choose to sell or resell advertising or web space to a third party then you will be responsible for the contents of that advertising and the actions of that third party. VPSGB has the absolute right to reject any advertising or any other third party content that is illegal, offensive or otherwise in breach of VPSGB’s Acceptable Usage Policy. Such content may result in the suspension or in the immediate termination of your account.
Payments and Billing
Rates and Prices. You acknowledge that the nature of the service furnished and the rates and charges have been communicated to you. You are aware that VPSGB reserves the right to change the rates and charges specified in "Other Fees".
Payments. You agree to pay VPSGB at the time you order. All fees are due immediately and are non-refundable, with the exceptions outlined in the section below, even if your services are suspended, terminated, or transferred prior to the end of the term of service. VPSGB expressly reserves the right to modify pricing through email notification and/or notice on its website.
For your convenience and continuous subscription benefits as a customer, if a payment is not received on the scheduled billing date and you have not formally canceled the account, you authorize us to continue billing through any available billing method on file indefinitely, until we are notified by you or the credit card company that the account is no longer valid
Other fees. VPSGB may, at its entire discretion, bill you for the following concepts. In every case, VPSGB is not obligated to notify you prior to generating the fee and billing your payment method on file:
- Server reactivation fee of £5, applicable when a service that has been suspended for longer than 15 days is requested to be re-enabled by you.
- Abuse reactivation fee of £5, applicable when a server triggers an abuse incident, as outlined in our Acceptable Usage Policy, for the second time or more.
- Dispute or chargeback fee of £45, applicable when you initiate any kind of payment processor dispute (e.g. PayPal dispute) or credit card chargeback process. VPSGB also reserves the right to suspend all associated services when such an incident occurs.
- IP blacklist fee of £40, applicable when an IP that has been delegated to one of your services is blacklisted by SPAM or malware services.
Legal Liability and Indemnification
Limitation of Liability; Waiver and Release. The services offered by VPSGB are being provided on an “as is” basis and VPSGB expressly disclaims any and all warranties, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose, to the fullest extent permitted or authorized by law. Without limitation of the foregoing, VPSGB expressly does not warrant that VPSGB’s products and/or services will meet your requirements, function as intended, or that the use of the provided services will be uninterrupted or error free. In no event shall VPSGB be liable for any or all direct, indirect, incidental, special, exemplary or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including, but not limited to, negligence or otherwise) arising in any way out of the use of the services, even if VPSGB is aware of or has been advised of the possibility of such damages.
Indemnification. Accordingly, you for yourself and all of your heirs, personal representatives, predecessors, successors and assigns, hereby fully releases, remises, and forever discharges VPSGB and representatives of VPSGB, and all of their heirs, personal representatives, predecessors, successors and assigns, for, from and against any and all claims, liens, demands, causes of action, controversies, offsets, obligations, losses, damages and liabilities of every kind and character whatsoever, including, but not limited to, any action omission, misrepresentation or other basis of liability founded either in tort or contract and the duties arising thereunder, whether known or unknown, relating to or arising out of, or in any way connected with or resulting from, the products and services and your acquisition and use thereof, including, but not limited to, the provision of the VPSGB products and/or services by VPSGB and its agents and employees. Further, you agree to defend, indemnify and hold VPSGB harmless from any loss, liability, damages or expense, including reasonable attorneys’ fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by you, or any allegation that your account infringes a third person’s copyright, trademark or proprietary or intellectual property right, or misappropriates a third person’s trade secrets. This indemnification is in addition to any indemnification required of you elsewhere. Should VPSGB be notified of a pending law suit, or receive notice of the filing of a law suit, VPSGB may seek a written confirmation from you concerning your obligation to defend and/or indemnify VPSGB. Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that VPSGB shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify VPSGB of any such claim promptly in writing and to allow VPSGB to control the proceedings. You agree to cooperate fully with VPSGB during such proceedings.
Force Majeure. Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over VPSGB, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, VPSGB may immediately terminate this agreement.