Terms of Services
Revision date: June 28, 2011
All services provided by SpotVPS ("SpotVPS") 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 SpotVPS from any claims resulting from the use of service
which damages the subscriber or any other party.
Prohibited are sites that promote
any illegal activity or present content that may be damaging to SpotVPS' servers, or any other server on the Internet.
Links to such materials are also prohibited. Please review our Acceptable Use
Policy for more details on what is prohibited on our servers.
Examples of unacceptable content or
links:
pirated software
hacker programs or archives
Warez sites
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ANY ILLEGAL ACTIVITY, ILLEGAL MP3
FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, SPAM, OR ANY OTHER
ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND
A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, SpotVPS
WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.
Traffic Usage
All account plans come with a predetermined amount of
traffic allowance. We monitor all accounts and bill $1.00 for each gig of
traffic exceeded. This amount is not prorated, meaning that 1 mb - 1 gig will be treated and billed as the same.
IRC
We currently do not allow IRC or IRC bots to be
operated on our servers.
Email Spam
SpotVPS does not support spam. By default, we limit
virtual private servers to 200 emails per day. In the event you need more,
please submit a ticket to our administration department and we will increase
the limit if justification is provided. We reserve the right to keep the limit
the same. If you are found spamming, your account will be terminated
immediately, without notice, and a $50.00 cancellation fee will apply.
Server Abuse
Any attempt to undermine or cause harm to a server or
customer of SpotVPS is strictly prohibited. As our
customer you are responsible for all your accounts. Should you violate the
Terms of Services outlined within, your account will be cancelled without
chance of refund.
Refusal of Service
We reserve the right to refuse, cancel or suspend
service, at our sole discretion.
All sub-networks, distributive
hosting sites and dedicated servers of SpotVPS must
adhere to the above policies, with the exception of system resources in respect
to dedicated servers.
Billing
The services need to be paid with a Paypal subscription or recurring credit card charges. An administrative fee of
2$ will be applied if the account uses other methods of payment that are not automated. By the Account Activation Date
of each month, or yearly SpotVPSshall either:
(1) debit
the client's credit card (when such information has been provided by the
client); or
(2) deliver,
by e-mail or regular mail, an invoice in accordance with the applicable Service
Fees for services rendered for the current month. When an invoice is delivered
to the client, payment shall be remitted to SpotVPS
by no later than the specified payment due date. SpotVPS
shall be entitled to immediately terminate this agreement for client's failure
to make timely payments. You will be provided with an invoice on a monthly OR
yearly basis. All credit cards are billed automatically on a monthly basis. It
is the client's responsibility to ensure that they have sufficient credit to
cover this transaction. In the event that there is insufficient credit, we will
send an e-mail notification, at which point we will need to be provided with
another credit card account number within 24 hours. If we do not receive a
response within 24 hours, the account, and all accounts under that account
plan, will be suspended. After three days of suspension, your account will be
terminated.
Service Fees
Certain services carry a setup fee charged by SpotVPS
to client, which must be paid by client in order to have use of said services.
If client terminates this agreement, client shall be responsible for any and
all outstanding fees owed to SpotVPS and agrees to
pay any and all fees incurred by client. Because the services are provided on a
monthly basis, the client will be responsible for service fees incurred each
month, regardless of when client provides notice of termination. Thus, for
example, if the client provides notice of termination on the 15th day of a
particular month, the client will be responsible for service fees for the
entire month, and such fees will not be pro-rated or refunded.
Money back guarantee & refund policy
We do not generally refund cancelled contracts.
For example, if your contract is quarterly and you request a refund after two
months, no refunds will be admitted. No refunds are issued for setup charges,
add-on charges, domain-registrations, add-on purchases, SSL certificates or
overage charges. In case of AUP violations, any and all refunds are forfeit.
Account Deactivations
Any account deactivated due to non-payment will
require a reactivation fee of $20.00 prior to reactivation.
Cancellation Refunds
We DO NOT refund partial monthly fees to accounts. We require 30 days notice for a cancellation.
Refusal of Service
We reserve the right to refuse, cancel or suspend
service, at our sole discretion.
Limitation of Liability
SpotVPS shall not be responsible for any claimed
damages, including incidental and consequential damages, which may arise from SpotVPS ' servers going off-line or being unavailable for
any reason whatsoever. Furthermore, SpotVPS 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 SpotVPS ' servers. All damages shall be limited to the
immediate termination of service.
Violations
Violations of these Acceptable Use Policies should be
referred to sales@spotvps.com. All complaints will be investigated promptly.
Failure to follow any term or condition will be grounds for immediate account
deactivation.
Disclaimer
SpotVPS cannot be held liable for system down time,
crashes or data loss. We cannot be held liable for any predicated estimate of
profits which a client would have gained if their site was functioning. Certain
services provided by SpotVPS are resold. Thus,
certain equipment, routing, software and programming used by SpotVPS are not directly owned or written by SpotVPS. Moreover, SpotVPS holds
no responsibility for the use of our clients' accounts. Failure to comply with
any terms or conditions will result in the automatic deactivation of the
account in question. We reserve the right to remove any account, without
advance notice for any reason without restitution, as SpotVPS
sees fit.
Account Activation
By activating your account with SpotVPS,
you agree to the above policies and disclaimer. Upon requesting activation of
an account, you are required to accept these policies, guidelines and
disclaimer, and a copy of your acceptance is forwarded along with your
activation request to be maintained with your account information.
NOTICE: If you sign up for an account and fail to comply with
these terms, no refunds will be given. We will, however, advise you by e-mail
or phone prior to taking any action to provide you with an opportunity to
correct the problem.
Server Uptime Guarantee
Although SpotVPS has an excellent record for reliability, we do not offer an uptime guarantee. However,
our network and servers are monitored continuously, and are rarely down except
for scheduled maintenance and hardware and software upgrades.
SpotVPS reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.