VPSBit Terms of Service


Account Setup / Email on File


Accounts are setup after payment has been received and passed any relevant fraud screenings. Account details are delivered to the E-Mail address provided and it is therefore required that all contact details submitted are valid and accurate.

The use of invalid or incorrect contact is prohibited and accounts may be suspended or terminated if not corrected.


Transfers


Our transfers team will make every effort to help you migrate to our services, however, this service is provided as a courtesy and we can not make any guarantees with regards to availability or the amount of time it may take as each host differs. In some cases, we may not be able to complete the migration, or may require some additional fees to complete the migration.


Content


All services provided by VPSBit may only be used for lawful purposes. The laws of the host country apply. The customer agrees to indemnify and hold harmless VPSBit 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 contact[at]VPSBit.com. If the request is of a licensing issue, we may require further documentation.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice. Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via ticket/email and will have a response within 48 hours. If in doubt regarding the acceptability of your site or service, please contact us at contact[at]VPSBit.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). Any site found to host child pornography or linking to child pornography will be terminated immediately without notice, and we will actively report said content to relevant law enforcement.

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.


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 be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

'Spamvertised' sites are also prohibited and may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

VPSBit reserves the right to require changes or disable as necessary any server, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

VPSBit reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. The cost of the clean up fee is at the discretion of VPSBit.


Payment Information


You agree to supply appropriate payment for the services received from VPSBit, in advance of the time period during which such services are provided. You agree that until and unless you notify VPSBit of your desire to cancel any or all services received, those services will be billed on a recurring basis.

VPSBit provides a 5 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 5 days and not paid will result in a 10% late fee and/or an account suspension until account balance has been paid in full.

Invoices that have been paid more than once with multiple Paypal Subscriptions will be added as credit towards the account by default. A refund may be requested however a handling fee may be applicable.

VPSBit reserves the right to change the service fee and any other charges at anytime. VPSBit will make every effort to provide as much advance notice as possible before making any changes to any service fees.


Backups and Data Loss


Your use of the service is at your sole risk. VPSBit is 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 VPSBit servers. Backups are not provided as standard with our services.


Cancellations and Refunds


VPSBit reserves the right to cancel an account at any time with or without notice. Any abuse of our staff in any medium or format may result in the suspension or termination of your services. Customers may cancel at any time by sending a cancellation request via the client control panel at least 7 days before the renewal date.

Cancellations will not be accepted via support ticket or email. VPSBit gives you a 3 day money back guarantee on VPS hosting. There are no refunds on dedicated servers, administrative fees, install fees for custom software, domain name purchases or any non-refundable licensing fees (e.g. cPanel, DirectAdmin etc.).

Refunds beyond the money back guarantee period are at the sole discretion of VPSBit. Refunds will only be processed if there is any problem caused or the fault of VPSBit. Any refunds requested by a client who's product/service is working perfectly, or is not working correctly due to the fault of the client, will not be accepted.

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, or if you have opened a second account with us, you will not be eligible for a refund. Violations of the Terms of Service will waive the refund policy.


Bandwidth Usage


All services are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package purchased. Should the service bandwidth usage exceed allocated allowance, VPSBit reserves the right to suspend the account until the start of the next allocation, or until more bandwidth is purchased at an additional fee, or until the service has been upgraded. Unused transfer limit in one month cannot be carried over to the next month.


Uptime Guarantee


VPSBit offers a network and infrastructure uptime guarantee of 99%. VPSit does not guarantee server uptime or anywhere where client may have direct control/influence over the server's stability and accessibility.

Should VPSBit fail to meet the uptime guarantee, VPSBit will provide a prorated credit equal to 10% of the service value per 1% of downtime. Credit on downtime must be applied for by client within 3 working days of any downtime incidents, accompanied with any relevant supporting documents. Approval of any credits is at the sole discretion of VPSBit.

Planned maintenance works such as network/hardware upgrades, or node reboots will not be considered as downtime.


Indemnification


Customer agrees that it shall defend, indemnify, save and hold VPSBit harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against VPSBit, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless VPSBit against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with VPSBit; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from VPSBit's server.


Disclaimer


VPSBit shall not be responsible for any damages your business may suffer. VPSBit makes no warranties of any kind, expressed or implied for services we provide. VPSBit 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 VPSBit and its employees.


Disclosure to Law Enforcement


VPSBit may disclose any subscriber information to local law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.


Changes to the TOS


VPSBit reserves the right to revise its policies at any time without notice.
Revised on: 01 July 2015.