Terms of Service
VPS House Technology Group LLC’s Terms of Service
VPS House TOS
VPS House Technology Group LLC (“VPS House”) provides web hosting, domain registration, virtual private server and dedicated server services to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients who use services of VPS House are subject to the following terms of service:
VPS House, through itself and/or any of its affiliates, agrees to provide Customer the services (“Service” or “Service(s)”) in accordance with this Agreement. “Service Order” shall collectively refer to any service order(s), authorization form(s) or order form(s) that describes and sets forth the pricing for the Service(s) purchased by Customer. The parties acknowledge that VPS House’s obligation to provide the Service(s) is subject to its having obtained all of the requisite licenses and consents related thereto.
The term of the Agreement shall commence on the Effective Service Date and shall continue thereafter until the expiration of the last expiring Service term, unless earlier terminated in accordance with this Agreement (“Agreement Term”). The term for each Service is set forth in the applicable Service Addendum or Service Order. VPS House reserves the right to change its rates during any renewal term by notifying Customer at least sixty (60) days in advance of the effective date of such rate change. Service shall automatically renew for successive periods equal to its Service Initial Term unless terminated by either party at least thirty (30) days prior to the then-current date for termination.
PayPal: Accept payments from anywhere in the world. If your PayPal is unverified, we will cancel your order and refund it. Contract requirements.
Credit Card: Accept payments from anywhere in the world. We will conduct CVV / CVC and zip code verification, If your card does not pass 3D Secure / 3D Verification, you will not be able to complete the payment, and we will mark your account as a fraud account. No contract requirements.
BitPay: Accept payments from anywhere in the world. No contract requirements.
Alipay and Wechat Pay: Accept payments from the China. All Alipay and Wechat Pay orders have no refund. No contract requirements.
Bank Transfer / Wire Transfer: Accept payments from the United States, United Kingdom, all European countries, and Japan. Bank transfer have no refund. Contract requirements.
Mail In Payment: Accept payments from anywhere in the world. Contract requirements.
Please read our Usually Delivery Time.
Order Risk or Fraud
Our new accounts, we will manually IP risk rating on your order(s). For whitelist IP we will released your order(s), for high risk order(s) we will move to the fraud and close your order(s). Fraud order(s) is closed, customers can use a clean IP and submit a reactivate request, we may reactivate your order(s). Your first order is important, if your order is risk-free, so all orders will be automatically released in the future, if you order at risk, then we will review all of your new orders in the future. We will manually risk rating of your order(s) again and need to manually confirm your order(s). Usually it takes 10 – 120 minutes to complete confirmation, if the order(s) is more than 20% will take longer; if your order(s) new risk score rating more than 50% and less than 70%, then the system will automatically close your order(s) and we will send an SMS to your phone number, you must reply this SMS; if necessary we will send a contract to your email, and you need to sign the contract; if we receive a reply from this phone number so we will confirm your order; if your order(s) new risk score rating more than 50%, so you need submit to us your photo ID (passport, driver’s license, SSN and etc…). If your account’s email address is not confirmed, we will not activate all your order(s) until your email address has been confirmed; usually, we will wait 3 days, if your email address is still not confirmed, we will close your order(s) and no refund. Automated risk rating by MaxMind and VPS House risk management team.
You agree to use all VPS House services and facilities at your own risk. VPS House specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall VPS House be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold VPS House harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against VPS House, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless VPS House against liabilities arising out of: Any injury, damage or loss to a person or property caused by any products sold or otherwise distributed in connection with VPS House’s server. VPS House reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from VPS House’s server. VPS House shall be the sole judge of what violates this Policy.
Billing for each Service shall commence on the Effective Service Date. Customer will be invoiced monthly for all amounts due and owing to VPS House. All payments are due within the terms specified on the Order Form without set-off or demand. All invoices shall be deemed final and binding unless Customer notifies VPS House in writing of any alleged discrepancies no later than three (3) days from the date of such invoice(s). All payments required by this Agreement are exclusive of any national, state, municipal, or other governmental excise, sales, value-added and occupational taxes and other fees and levies, all of which Customer shall be responsible for and will pay in full, other than taxes based on VPS House net income. Customer will be deemed to be in default hereunder if payment is not received within the terms specified on the Order Form and, in addition to its other remedies, VPS House may charge Customer interest equal to 1 1/2% per month on any amount past due. In the event VPS House is unable to deliver the Service(s) due to any reason, issue or delay caused either directly or indirectly by the Customer or its agents, such Service(s) shall be deemed delivered and VPS House shall commence billing when VPS House is ready to deliver such Service(s).
It is the responsibility of the client to pay invoices regardless of whether or not an invoice or reminder was received via electronic mail.
Billing, Cancellation and Refund Policy
As a customer of VPS House you agree to submit or supply a payment for the rendered services in advance, on the billing date set by VPS House. By default these services will be billed on a recurring basis (if recurring payment option was chosen during registration or renewal of the appropriate hosting package, server package, domain name package, SSL package or sitelock package).
“No Refund” included TOS terms are: “Payment Gateways”, “Order Risk or Fraud”, “Banned Scripts or website types”, “Commercial Advertising and Spam E-mails”, “Unsolicited e-mail and e-mail Misuse”, “Bulk Email on VPS”, “Pornographic Material”, “Illegal Use”, “Threats, Harassment, and Collection of Personal Data”, “Forgery, Impersonation, and Fraud” and “Network Disruptions, Unauthorized Access, and Malicious Software”.
Fraud order to reactivate (one person only 2 times reactivate fraud order), we do not have money-back guarantee. Non-fraudulent order generally refund only once within 12 months of the person.
All Dedicated Servers refunds must be made within 1 day after paid. Bandwidth cannot be used more than 1GB, otherwise no refund.
Outlet Servers no refund.
Dedicated Servers Addons no refund.
Cloud Compute refunds must be made within 2 days after paid, refund to your default payment gateway account (PayPal Only!); After 2 days refund to your account credit and deduct your usage.
All Solutions no refund.
All Domain no refund.
All SSL Certificates no refund.
SiteLock no refund.
Colocation Hosting no refund.
Cancellations and refunds
VPS House provides a 1 or 3 day money back guarantee for new account registrations (refunds for renewed accounts are not available) under these following conditions:
Subscribers may cancel the account at any time. All subscribers who cancel the accounts after 3 days of the initial payment are not subject to a full refund and all such requests will be denied.
If a confirmation to cancel the account is not sent by the subscriber, then the account cancellation will not be processed and the account will remain active. Any active subscriptions will be left intact.
After the account is canceled, no further billing on the account will be made. All files, settings and any other information related to the subscriber account will be removed from VPS House servers.
VPS House will not share any of it’s client personal information to any third parties not related to VPS House. Some of the client data may be forwarded on the following exceptions:
Upon new domain registration via respectable Hosting domain registrar, Client Information will be sent to domain registry and may appear on WHOIS based sites unless the client chooses to turn on Domain Privacy from VPS House Members Area. If domain privacy is turned on, then Client Information will not be displayed on WHOIS based sites, however it will still remain on the Domain Registry for security reasons.
VPS House will respond to court orders or other legal processes and may provide relevant information to relevant parties about the client on such a case, but will inform the end client about such process and will wait for a valid response from the end client before sending out the information to the respectable party. If the client who owns the related account fails to respond in 15 days we will send out the information to the respectable party without the confirmation of the client.
Third Party Providers – some of the information will be sent to third-party providers such as Payment Gateways, Domain registrars, Additional Service providers (Website Builder, Cloudflare, cPanel, Attracta, Trendybuilder). VPS House will solely choose which third-party providers to send client information to. This depends on the services that will be offered by the third-party to VPS House clients, however no client information will be sent to third-parties not related to VPS House services.
Certain services provided by VPS House are resold. Thus, certain equipment, routing, software, and programming used by VPS House are not directly owned or written by VPS House. VPS House shall not be responsible for any changes in services provided by a 3rd party provider, also will not be held liable for any damage or loss which may arise from service disruption provided by a 3rd party provider. VPS House will show highest interest to make sure that that services provided by a 3rd party are running smoothly and correctly, and will contact the 3rd party provider when changes or fixes are needed, however the time needed for any fix or alteration will not be decided by VPS House and VPS House will not be held liable for any fixes or alterations to be performed on a product provided by a 3rd party in a definite time frame.
Acceptable Use Policy
All services provided by VPS House may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless VPS House and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. If you think your site may violate our Terms Of Service, please ask us before signing up for an account so that we may determine if we can host your site. VPS House reserves the right to determine what is and what isn’t acceptable for our servers. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.
VPS House services may not be used for illegal purposes, or in support of illegal activities. VPS House reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
Threats, Harassment, and Collection of Personal Data
VPS House services may not be used to transmit or originate any material that harasses or threatens, encourages bodily harm, or destruction of property. Use of the VPS House service to collect, or attempt to collect, personal information about third parties without their knowledge or consent is prohibited.
Forgery, Impersonation, and Fraud
Adding, removing, or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. Use of the VPS House service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as “pyramid schemes” and “chain letters” is prohibited.
Network Disruptions, Unauthorized Access, and Malicious Software
Use of the VPS House service for any activity which affects the ability of other people or systems to use VPS House Services or the Internet is prohibited. This includes “Denial of Service” (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member’s responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inacceptable actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inacceptable manner. Unauthorized entry and/or use of another company and/or individual’s computer system will result in immediate account termination. VPS House will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
Use of the VPS House service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of VPS House or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending VPS House account is subject to immediate termination.
Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
A. IP Address Ownership: IP Address Ownership: If VPS House assigns Customer an Internet Protocol address for Customer’s use, the right to use that Internet Protocol address shall belong only to VPS House, and Customer shall have no right to use that Internet Protocol address except as permitted by VPS House in its sole discretion in connection with the Services, during the term of this Agreement. VPS House shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by VPS House, and VPS House reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion, at any time and without any advanced notice. Our allocation of IP addresses is limited by ARIN’s new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting. All IPs that are allocated to client must be utilized within 48 hours. If allocated IPs are not utilized within this time frame The Company reserves the right to retract IPs that are not being utilized without notifying the client.
B. Bandwidth Usage: VPS House will monitor Customer’s bandwidth. VPS House shall have the right to take corrective action if Customer’s usage negatively impacts other clients.
C. System and Network Security: Users are prohibited from violating or attempting to violate the security of the VPS House Network. Violations of system or network security may result in civil or criminal liability. VPS House will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation.
Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”.
Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Taking any action in order to obtain services or access to which such User is not entitled.
C. Notification of Violation:
VPS House is under no duty to look at each customer’s or user’s activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
First violation: Any User, which VPS House determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at VPS House’s discretion to a temporary suspension pending a User’s agreement in writing, to refrain from any further violations.
Second Violation: Users that VPS House determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer’s network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right
The use of services provided by VPS House to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software is prohibited.
Internet Relay Chat
The following scripts are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc. Hosting any type of these sites will result in instant account suspension until the content is removed. On the case that the content was uploaded willingly by the client, VPS House reserves the right to terminate the account without the possibility of a refund (even if the 30 days have not yet passed on the account). If the content was uploaded by a 3rd party (hackers, abusers which intend to take the client site down), then VPS House will inform the client about the abusive content. VPS House also reserves the right to remove such content from user account without prior notification. Banned scripts and website types listed below:
IRC scripts, eggdrops, bots
Mail bomber and spam scripts
IP spoofers and port scanners
Pirated Software or any form of warez
AutoSurf site scripts
Child pornography (Read “Pornographic Material”)
Bruteforce Programs or scripts
Illegal drug or any other substance or product not allowed to be sold in US or Contraband related sites
Sites distributing copyrighted content without proper licenses
Hacker programs, credit card dumps, hacker focused sites
Forums distributing warez or any other illegal content
Fraudulent sites (fake banking services, fake login pages, any other site mining information in illegal ways)
Viruses, trojan horses, mass ping, ddos, udp or tcp flood scripts, or other kind of desctructive scripts
Any kind of abusive content found on our servers should be reported to email@example.com. VPS House will handle any abuse report with the highest priority and interest. VPS House will not be held liable for any damage or loss that may have arisen from content uploaded to client accounts or actions performed by scripts on such accounts on our shared or vps servers. Client who is the account owner takes full responsibility of the whole account content and all actions that are performed on the respectable account, also takes full responsibility for any and all of damages or losses that may arise from his account content or actions performed by scripts on his account.
Commercial Advertising and Spam E-mails
VPS House has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are acceptable under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted. If found, we’ll implement its accounts a fine of $500.
Unsolicited e-mail and e-mail Misuse
Use of the services of VPS House to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type may result in the immediate termination of the offending customer’s account without warning or reimbursement.
Legitimate uses of bulk email in a manner consistent with United States law may be permitted at the sole discretion of VPS House. VPS House’s abuse resolution policy is to serve all abuse complaints via our ticket system at https://www.vpshouse.pro/ account and assure that they are handled professionally. Accounts generating complaints from recognized blacklist databases will incur a one-time administrative fee of $35 per complaint and are expected to resolve these issues themselves. In the event of a Spamhaus or Outblaze blacklist listing, an additional $350 administrative fee will be issued along with immediate termination. Should a contract be involved, the client must immediately pay the remainder of the balance owed between the current date and the end of the term per the original agreement.
Malicious intent to impede another person’s use of electronic mail services or news will result in the immediate termination of the offending VPS House account. Forging any message header, in part or whole, of any electronic transmission, originating or passing through the VPS House service is in violation of this Terms.
Bulk Email on VPS or Cloud
Use of VPS House VPS or Cloud services for the orgination, relay, or support of bulk email is prohibited. Customers are permitted to send transactional emails and use the service for individual email accounts, but the service may not be used for sending commercial email, even if the customer has opted in to such emails. Sending marketing email in any sort of automated fashion is specifically prohibited.
Adult content is allowed, contingent upon compliance with all U.S. regulations, as well as the regulations of the location of the customer’s residency. What sexual content is acceptable on our servers will remain at the sole discretion of VPS House, and no other parties.
Use of Servers for Bandwidth Intensive Purposes
Using the server plans to host a content delivery network or content distribution network is not permitted without prior authorization. Using server plans to host applications that produce artificially high bandwidth usage patterns (including, but not limited to software such as SETI@Home and Folding@Home, digital currency mining, and public software mirrors is prohibited without the prior consent of VPS House. Please contact sales (at) VPS House (dot) com before signing up. Failure to contact VPS House may result in your server being rate-limited or turned off.
Disclaimers of Warranty
A. The service(s) are provided “as is” and “as available” and VPS House makes no warranties or representations of any kind concerning the service(s), software or equipment or any results to be achieved through use of the service(s), software or equipment. VPS House disclaims all warranties, including the warranties of merchantibility, quality, fitness for a particular purpose, noninfringement and title, and all implied warranties arising from a course of dealing, usage, or trade practice. Use of any information obtained through the use of VPS House’s network is at customer’s own risk. VPS House specifically disclaims any responsibility for the accuracy or quality of information obtained through its service(s).
B. Customer’s sole and exclusive remedy in the event of any service outage, interruption or deficiency of service(s) or failure by VPS House to meet the terms of an applicable sla, shall be the remedies provided in the sla; provided that any remedies or credits contained in the sla are not available for outages, interruptions or deficiencies occurring during any period in which customer’s account has a past due balance or the customer is otherwise in breach of the agreement. VPS House, its service providers and suppliers disclaim any and all other liabilities or remedies for such outages, interruptions or deficiencies of service.
C. VPS House does not and cannot control the performance of any data, products, or service(s) controlled by third parties. At times action or inaction by third parties can impair or disrupt VPS House’s service(s). VPS House makes no representations and expressly disclaims all warranties regarding the data, products, or service(s) controlled by any third party, including the providers of telecommunications or network products or services. Such data, products, and services are not promised to be free of error or interruption, and VPS House, its service providers and suppliers expressly disclaims all liabilities arising from any such error, interruption, or other failure. Customer acknowledges that an interruption in service(s) due to circumstances beyond the reasonable control of VPS House, such as a failure of telecommunications or network systems not controlled by VPS House, shall not be considered a service outage or service deficiency for purposes of any remedy provided in an applicable sla.
Termination by VPS House. VPS House may terminate this Agreement immediately upon notice upon default by Customer. Default includes (a) the failure by Customer to (i) pay any amounts when due; (ii) comply with Section 4 Compliance with Laws and Acceptable Use; or (iii) perform any material obligation under this Agreement which failure is not remedied within thirty (30) days after receipt of written notice from VPS House (unless a shorter notice period is expressly set forth in the Agreement, in which case the shorter notice period shall apply); or (b) Insolvency (as hereinafter defined). If VPS House terminates this Agreement for any of the aforementioned reasons, all of the following shall be immediately due and payable by Customer: (a) the cumulative total of the balance of all monthly charges remaining on this Agreement through the end of the applicable Service Term(s); and (b) any charges accrued but unpaid as of the effective date of termination. Customer acknowledges that the amounts payable pursuant to the preceding sentence are equitable compensation to VPS House and are intended to reasonably compensate VPS House for the losses which are occasioned by Customer’s failure to honor Customer’s obligations hereunder. As used herein, “Insolvency” shall refer to any one of the following events: (i) Customer files a voluntary petition in bankruptcy or an involuntary petition is filed against Customer; (ii) Customer is adjudged bankrupt; (iii) a court assumes jurisdiction of the assets of Customer under federal reorganization act; (iv) a trustee or receiver is appointed by a court for all or a substantial portion of the assets of Customer; (v) Customer becomes insolvent or suspends business; or (vi) Customer makes an assignment of its assets for the benefit of its creditors. Termination by VPS House shall not preclude VPS House from pursuing any other rights or remedies available to it, at law or in equity.
Routine maintenance and periodic system repairs, upgrades, and reconfigurations may result in temporary impairment or interruption in Service(s). As a result, VPS House does not guarantee continuous or uninterrupted Service(s) and reserves the right from time to time to temporarily reduce or suspend Service(s) without notice subject to the terms and conditions of the applicable SLA.
Customer may not assign this Agreement or any portion hereof without VPS House’S prior written consent, which consent shall not be unreasonably withheld, provided that Customer may assign this Agreement or a portion thereof (i) in the event of a merger in which the party is not the surviving entity; (ii) in the event of a sale of all or substantially all of its assets; or (iii) to any party that controls, is controlled by or is in common control with such party (provided further that in the event of an assignment to any such party by Customer, the assignee must be of equal or better creditworthiness as Customer, as determined by VPS House in its sole discretion). Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
Except for additional Service(s) to be ordered by a Service Order and/or Service Addendum, this Agreement may be modified only by a written instrument executed by both parties.
Limitation Of Liability
A. In no event shall VPS House, its affiliates, service providers, suppliers or agents be liable to customer or any third party for any indirect, incidental, special, punitive or consequential damages or for any lost or imputed profits or revenues, lost data or cost of procurement of substitute services resulting from delays, nondeliveries, misdeliveries or service interruption however caused arising from or related to the service(s) or this agreement, regardless of the legal theory under which such liability is asserted, whether breach of warranty, indemnification, negligence, strict liability or otherwise, and whether liability is asserted in contract, tort or otherwise, and regardless of whether VPS House has been advised of the possibility of any such liability, loss or damage. The total aggregate liability of VPS House and its suppliers to customer and/or any third party in connection with this agreement shall be limited to direct damages proven by customer, such direct damages not to exceed an amount equal to the total net payments received by VPS House for the affected service which gives rise to such liability in the twelve month period immediately preceding the date in which the claim arises. The foregoing sets forth customer’s exclusive remedy for breach of this agreement by VPS House. For certain service(s), VPS House licenses certain software from third parties for use with such service(s). The liability of such third party suppliers for damages, whether direct, indirect, incidental, special, punitive or consequential arising from use of the software and hardware, shall be disclaimed and limited to the maximum extent permitted by law.
B. Customer acknowledges and agrees that in no event shall VPS House be liable for any damages, whether in contract or tort, including, but not limited to, direct, consequential (including without limitation loss of profits), cost of substitute goods, special, exemplary, incidental and indirect damages, arising out of compliance or reasonable attempts to: (i) comply with the United States Copyright Act, or (ii) satisfy requirements to qualify for the safe harbors designated in Section 512 of the Digital Millennium Copyright Act including, but not limited to any actions by VPS House that result in a disruption or suspension of the Service(s).
C. The parties acknowledge that the limitations referenced in this section are material terms to this Agreement. Customer acknowledges that VPS House has set its prices, and other charges in reliance on the foregoing limitations of liability, which form an essential basis of the bargain between the parties.
D. VPS House shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from VPS House servers going off-line or being unavailable for any reason whatsoever. Furthermore, VPS House shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of VPS House servers. All damages shall be limited to the immediate termination of service. Violations of these Acceptable Uses Policies should be referred to firstname.lastname@example.org. All complaints will be investigated promptly.
VPS House wishes to emphasize that in agreeing to the VPS House Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies VPS House for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to VPS House or the bringing of any claim against VPS House by any third-party. This means that if VPS House is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against VPS House, plus all costs and attorney’s fees.
VPS House reserves the right to not deliver a product or service that was ordered at a certain price if the price is deemed by VPS House to be a mistake.
Changes in Policy
This Agreement shall not become a binding obligation of VPS House until it has been executed by an officer of VPS House. The parties agree that any dispute arising under this Agreement shall be governed by and construed in accordance with the laws of the State of Washington, except for its principals for resolving conflicts of law. The parties agree that any disputes arising under this Agreement shall be resolved in the state or federal courts of the State of Washington.
Except for the obligation to make payments for Service(s) rendered, neither party will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control, including but limited to, acts of war, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, acts of government, failure of the Internet, terrorist acts, failure of third party(ies), utility power failure, or failure of communication lines.
Third Party Beneficiaries
The terms, representations, warranties and agreements of the parties set forth in this Agreement are not intended for, nor shall they be for the benefit of or enforceable by, any third party, including without limitation, Customer’s end users.
In the event of a conflict between or among the terms in this Agreement, the Service Order(s), the Service Addenda, and any other document made a part hereof, the documents shall control in the following order unless otherwise specifically set forth in a Service Addendum: the Service Order with the latest date, the AUP, the Service Addendum, this Agreement.
Customer shall not use, in advertising or publicity or in any way related to this Agreement or the subject matter hereof, the name of VPS House, its affiliates or any of its directors, officers, managers, employees, consultants or agents or any trade name, trademark, service mark, logo or symbol of VPS House or its affiliates, except with the express prior written consent of VPS House. VPS House may disclose as part of its promotional activities the fact that Customer is obtaining Service from VPS House.
VPS House intends to provide the best possible web hosting service to each of its clients. VPS House shows the most interest to use the latest technologies and solutions to make the service provided to the end client the best possible. However, VPS House cannot be held liable for any system downtime, crashes, or data loss that may happen on the servers. Also, VPS House will not be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. If any terms or conditions are failed to be followed, the account in question may be automatically deactivated by VPS House. VPS House retains the right to change, modify or delete any or all of the above Terms, Policies, Guidelines, and Disclaimer with or without prior notification.
This Agreement may be executed in two or more counterparts, each of which shall be deemed to be an original for all purposes hereof. This Agreement contains the entire agreement of the parties hereto with respect to the matters covered hereby and supersedes any other prior or simultaneous agreement related to such matters.
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