Terms of Service and Acceptable Usage Policy
Agreement made between HostVPS and the customer. HostVPS is a trademark of MediaSocial Online LTD.
MediaSocial Online LTD
20 Wenlock Road
N1 7GU London
England (United Kingdom)
Phone: +44 204 577 1326
1.1 General Terms
- Customer: any person or entity interested in hiring the services.
- Service contract: it contains all the clauses contained in this document and any additional information on the services selected by the customer whose contract is formalized with the payment completion and acceptance of this document.
- Order: a sales budget/offer from HostVPS to the client and, once accepted, will be converted into a service contract with the conditions specified in this document.
- Automatic renew: a payment will be completed automatically by the payment processor on the expiration date of the service and the service contract will be automatically renewed.
- Manual renew: the customer is responsible to make a new payment and renew the service before the expiration date.
- Dedicated Server: Service whereby the customer has full and exclusive access to one or multiple servers connected to a high availability network with Internet access.
- Virtual Private Server (VPS): The Virtual Private Server is a service whereby the customer rents the right to use certain features of a server. For the purpose, virtualization software is used to split a real machine into multiple virtual machines, each with specific characteristics and resources, detailed, if necessary, in Order contract appropriate, providing the customer access and total control over this virtual machine.
- Web Hosting: a service where the customers rents a determined web space to host internet web sites.
- Other services: Given the technical complexity and variety of services offered HostVPS, the client may hire services not covered by these definitions, which will be detailed in the moment of signing the contract.
This regulations are intended to provide a basis for the commercial relationship between the client and HostVPS. Consequently, it regulates the manner in which the customer accesses the services offered by HostVPS.
A contract between HostVPs and the customer consists in this regulations and the services prices and fees indicated before the order.
3. CONTRACTED SERVICES
HostVPS reviews manually all orders to ensure that no abuses occur. That will happen in office hours and takes normally between 30 minutes and 3 hours for VPS.
HostVPS defines, however, a maximum period of time, in which the services must be provisioned to the customer (provisioning time guarantee):
- For Virtual Private Servers (VPS): maximum 24 hours
- For Web Hosting: maximum 24 hours
- For Dedicated Servers: maximum 72 hours
If this maxixum period is execeeded without the service being provisioned to the customer, the customer has the right to get a complete refund and the contract will be cancelled.
The services may be renewed after completing a new payment before the due date.
The amount is defined at the moment of signing the services contract and may not be changed without prior notification to the customer.
Renewing an expired service is subject to additional fees (max. 25% of amount).
There is no obligation to expand or change the services characteristics after the formalization of the contract.
If the customer wishes to extend the characteristics of one or more of the services contracted, provided that proves technically feasible, must sign a new Order Form reflecting such extension(s).
3.4 Reduction of characteristics (Downgrade)
If the customer wishes to reduce the characteristics of one or more services contracted and provided that it is technically possible, HostVPS should be contacted and it should formalized in a new order.
In case of automatic renewal, if the customer wishes to cancel one or more of the contracted services, it should be done at least one (1) day before the contract completion date contained in the Order Form. The customer has to cancel the payment agreement in the payment processor (for example, Paypal).
In case of manual renewal, the service will be automatically cancelled after the expiration date if it's not renewed.
HostVPS reserves the right to suspend temporarily and without notice any service. Any payment subscription will be cancelled.
3.6 Waiver or refund
If HostVPS is unable to provide a service exactly as the customer has purchased after max. 4 days, HostVPS has to refund 100% of the amount to the customer.
HostVPS shall not return any amount if the service meets all the characteristics and properties detailed which the client has requested.
No trial period is offered.
It is not possible to refund the amount corresponding to additional IPs, VPS and Dedicated Servers whose specifications comply exactly with those established in the purchasing process.
No change is allowed about other services if the customer is not satisfied with the product purchased but it meets all specifications.
4. PRICES AND PAYMENT SERVICES
The price of each particular service purchased by the client will be reflected in the Order Form that formalizes its existence and the method and frequency of payment. In any case, the payment will be made in advance with respect to the frequency specified in the Order Form.
The customer is solely responsible for the payment of each particular service under conditions that are reflected in the Order Form.
The amounts reflected in the purchase orders are sent by e-mail address indicated by the client for further review by the customer.
After the expiration of the services, HostVPS have no responsibility for storing customer data. After the legal data retention time, HostVPS will delete all data related to the customer.
HostVPS not responsible if the customer has made a payment and this has been rejected by the entity, or any type of incident that makes the payment is not received by HostVPS.
HostVPS will send email reminders when the date closes the expiration date to inform the user. It is the obligation of the customer to verify the status of the service and renewal dates.
HostVPS issues an invoice for all services contracted by the client, available in the customer's area.
4.2 Penalty in case of return bank receipt
If the payment method chosen by the customer in the Order Form and this debit was returned a receipt for reasons not attributable to HostVPS, the customer must pay a penalty of € 5.00 for each return receipt (administrative expenses).
If the customer returned three or more bills within a period of twelve (12) months, HostVPS may unilaterally terminate all services.
If the customer returned one (1) receipt HostVPS reserves the right to change the payment to the customer for another form of payment.
Customer is solely responsible for providing updated payment information such as current bank account.
4.3 Penalty in case of chargebacks in credit card or Paypal
If the payment method chosen by the customer in the Order Form off credit card or PayPal and it returned a charge for no fault of HostVPS, the customer must pay a penalty of 3.00 € (administrative expenses).
If the customer returns two or more charges within twelve (12) months, HostVPS may unilaterally terminate all services.
Customer is solely responsible for providing updated information and current credit card and/or the validity of the PayPal account.
4.4 GENERAL CONDITIONS APPLICABLE TO THE PENALTIES
HostVPS reserves the right to partially or totally suspend the service if the customer refused to pay the penalty.
4.5 Price changes
The rates reflected in the completed order form are annexed to the contract and will apply during the whole duration of the contract.
If HostVPS has the right to increase the prices for the next payment period, but the customer can opt to cancel the contract and services without any penalty.
5. Obligations and responsibilities
HostVPS act with due diligence in all dealings with clients, striving to provide the best service possible to all customers.
HostVPS staff will be available at least 8 hours a day, seven (7) days a week to solve any technical problem that the customer might experience, understanding technical problem and will try to answer all technical issues within 24 hours.
HostVPS will notify by email and with at least twenty-four (24) hours in advance of non-urgent technical interventions that could affect the services contracted by the customer.
HostVPS must guarantee an acceptable level of service, compensating the customer if unable to fulfil this agreement.
HostVPS is not responsible for how the services are used by the customers. The customer is the only responsible for any damage that their use might cause to third parties.
HostVPS is not responsible for the following:
- The content hosted on client services.
- Contamination by viruses or intrusions. Customer must protect their computer and servers properly, either by hiring security services, or adopt their own solutions.
- Faulty configurations by the customer.
- Network and system configurations different to the standard provided after completing an order
- Hosted data (content and integrity) of the service or backup.
- Unlawful or illegal uses of particular services by the customer.
5.1 Review, Monitoring
In case a clear breach, the service will be suspended and the data stored on the affected servers will be held. In this case, there is no right of return or compensation.
If it is demonstrated that the failure is due to an intrusion by a third party in the system, HostVPS will collaborate with the customer to restore and clean the service.
HostVPS will inform the competent authorities if the service is used for any illegal activity, in order to respect the law and defend good business practices
5.2 ACCEPTABLE USAGE
It is expressly prohibits the use of the service against the law and good faith. Concretely, it is prohibited:
- Posting or transmitting any content that, according to HostVPS, is violent, abusive, illegal, racist, xenophobic or defamatory.
- Child pornography
- P2P, Torrent trackers, trackers e2k
- Using proxy servers, virtual private networks (VPN)
- Publication of cracks, serial numbers of programs, copyrighted music, movies or other copyrighted content that violates intellectual property rights.
- The collection and/or use of personal data about other users without their consent or in contravention of the provisions of the european data protection regulations.
- Using the server to SPAM (sending of unsolicited bulk, commercial or any other kind of E-Mail)
- Installing an open relay (mail server open without authentication)
- Perpetrating DDoS (distributed denial of service)
- Service resale
- Saturation of memory, disk, processor utilization or network servers on an ongoing contract and by the way by using a program or sequence to find the collapse of the system or network.
- Construction and sending malicious requests and IP packets
- Bitcoin or similar digital currencies mining
- Freenet or TOR nodes
- Scanning of foreign networks or foreign IP addresses
- Manually changing the hardware address (MAC)
- The use of fake source IPs
By hiring of any particular service, the customer agrees to:
- Backup of information stored on the server.
- Take the necessary steps to ensure that no illegal activities are offered in the server/services.
- Maintain operational and active email account contact provided in the contract of each particular service and inform HostVPS about address changes.
- The customer's email account that will be used to report all incidents, technical issues, billing and service expiration notifications. HostVPS disclaims all liability for the consequences of lack of effectiveness of the e-mail client or the lack of communication that the date change of management can produce, as well as disinformation alleging the customer due his own negligence in maintaining this information current.
- The customer agrees not to attempt to access without authorization other computers on the network, whether HostVPS or other customers.
6. Technical Issues
Technical incident means any service event affecting the operation of the contracted services. HostVPS agree to resolve issues as soon as it becomes aware.
A technical problem will only be considered urgent if the network availability is affected.
The customer has to test their equipment and services before informing HostVPS that there is a technical incident.
In the case of network incidents, the customer must prove from multiple sources before reporting a service failure.
The following points have no consideration of technical issues, and therefore it will be no support offered for them:
- Failures in the internet connection of the customer's network or the Internet Service Provider (ISP) of the customer
- Local software failures using the client (concretely: email clients, FTP clients, customers, SSH, etc.)
- Failure of the client to use software that has not been provided by HostVPS.
- Failures caused by negligence or ignorance of the customer.
HostVPS support staff can be reached by phone, email and chat (refer to contact page for information and working times).
7. Service Level Agreement (SLA)
This service level agreement is only applicable to particular services like: dedicated server, virtual server, hosting, domains, co-location and connectivity.
HostVPS guarantees 99.99% availability of electricity in the frame that hosts the client computers as long as they have at least two (2) power supplies.
In the event that one or more of the equipment covered by the particular service in question had only one power supply, this warranty is reduced to 99% power availability, not being technically possible redundancy of electrical circuits in the machine.
HostVPS ensures that the ping, within their network, will never exceed 190ms in 60ms or the world, unless an incident has occurred beyond the control of HostVPS or maintenance work being carried out, in any case, the customer will be notified in advance.
HostVPS guarantees have sufficient bandwidth to ensure effective operation of the service it provides to its customers.
The guarantees do not apply in cases of force majeure or if the customer does not fulfil its obligations under this Agreement, including penalties that may arise from their actions.
Customers will be rewarded in the case of infringement of the guarantees. The compensation payable by HostVPS will be 50% of the monthly payment of contracted services, provided the customer has been affected in any way.
8. Force Majeure
Neither party shall be liable for breach of obligations under the contract and therefore no right to compensation where such failure is due to Force Majeure under the law. If the suspension by this circumstance is more than 2 months, the services may be canceled at the request of either party.
The service contract will end when, in addition to the established legal causes arranged in the various clauses of this document, any of the following occurs:
- Mutual agreement between both parties.
- On a complaint respecting the obligations described in this document.
- Termination for breaching the obligations under this agreement (any of the parties).
If the failure was due to customer contract termination, HostVPS reserves the right to terminate all services without notice and without the customer is entitled to compensation or reimbursement of any amount and be subject to penalties for early termination.
In the event of termination or rescission of the contract, for the reasons mentioned above or any others envisaged by law, the client must meet its obligations prior to the termination of the contract against HostVPS and third parties and indemnify HostVPS the penalties that apply and that are reflected in any case.
HostVPS may terminate any services at any time, with obligation to notify the customer with 30 days in advance, unless one of the following circumstances occurs:
- Initiation of bankruptcy proceedings.
- Disrespectful treatment to HostVPS staff by the customer.
- Terms of service violation (acceptable usage policy not followed).
10. Intellectual property
HostVPS owns all copyrights, trademarks, intellectual property rights, know-how and any other rights related to the services contracted by the client.
The customer must comply with the usage terms of third-party application programs made available by HostVPS.
The customer shall not acquire absolutely no rights or licenses with regard to the contracted service, the computer programs necessary to provide the service nor technical information, except for the rights and licenses necessary for the usage of the service and only for the duration of the service usage.
Any other usage of HostVPS technologies or rights require written authorization by HostVPS.
11. Policy for the protection of personal data
HostVPS, following the current legislation on protection of personal data, uses the customer's personal data only for contacting the customer, send the appropiate billing notifications and nothing else.
The customer's personal data and files will be deleted after the service termination.
HostVPS takes appropriate technical and organizational measures to ensure the security, integrity and confidentiality of customer's contracted servers and personal data.
The customer may at any time exercise their rights of access, opposition, rectification and cancellation contacting HostVPS by email.
HostVPS will maintain professional secrecy with respect to the data hosted by the user in the servers and the network traffic from/to the servers, and has the duty to keep them secret always. That means, HostVPS has no access to the customer's files, network traffic or databases hosted on the customers servers.
The data hosted in our servers can only be accessed by or given to the judicial police after a valid judicial resolution dictated or recognised in the United Kingdom.
The obligations related with data protection will be extinguished at the moment in which the data has been deleted or eliminated from the storage equipment, destroyed or made inaccessible.
HostVPS is not responsible for the breaches of the Data Protection Laws by the customer, even if the files are hosted on the network of HostVPS, which expressly disclaims all liability for breaching data protection laws.
HostVPS may amend the conditions and prices after notification to the customer.
The client, once informed of the modification by HostVPS, has a period of thirty (30) days from receipt of such notification, to terminate the contract without penalty of any kind if do not agree with the new conditions. After this time, the new conditions will be considered as accepted.
13. Limitation of warranty and liability
In no case, HostVPS nor the managers and executives, managers, shareholders, agents or employees shall be for any reason liable directly or indirectly related to the use made by HostVPS customer service.
The parties acknowledge that the entry into force of the service contract does not imply any representation, delegation, warranties or agreements other than those expressly described in this document, and accordingly, all such terms, conditions, warranties or other issues involved general agreements or regulations are explicitly excluded to the extent allowed by law.
14. Applicable law and jurisdiction
In matters not covered by this document, as well as the interpretation and resolution of conflicts arising between the parties as a result thereof, will apply the British law, giving the parties expressly to any other jurisdiction that may correspond.
If a conflict were to arise between the parties or difference in interpretation and execution of the conditions and not resolved by mutual agreement, it will be resolved at the request of either party and upon written notice to the other.
Each party shall bear its own costs in relation to arbitration, but the compensation and expenses of the arbitrators shall be made of the manner established by the judicial decision.
All this is without prejudice to the parties to submit to a judicial proceeding in this case shall be made to the jurisdiction of the courts, expressly waiving their own jurisdiction in cases that the procedural rules allow, be another.
If it is reasonably practicable, compliance with this Agreement, will continue during the course of any judicial proceedings.