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VP-CART Hosting Terms of Service

Short Version

 

  • Do not carry out any illegal activities.
  • Websites may not use 25% of CPU for more than 90 seconds on shared/reseller accounts.
  • Websites may not use more 512mb memory for a sustained period on shared/reseller accounts.
  • Do not run torrent applications or use your account for peer-to-peer activities.
  • We do not allow spiders or indexers on shared/reseller accounts.
  • On shared/reseller accounts each website has a 100,000 inode limit.
  • Do not run any MySQL queries longer than 15 seconds on shared/reseller accounts. MySQL databases should be indexed appropriately.
  • Do not spam. Spamming from an outside server which advertises your website is also prohibited.
  • Do not run server-side processes on the server. This includes any and all daemons, such as IRCD.
  • VP-CART has no liability in losses resulting from service downtime.

 

Long Version

 

When using the Service provided by VPCART, defined below in Section 1.1, you agree to be bound by all of the following terms (the "Terms of Service") within this Agreement.

VPCART reserves the right to alter, amend or modify any provision of this Terms of Service Agreement at any time with or without prior notice to you (but of course we always notify our clients about any change in any part of our service).

This Agreement is effective from your acceptance thereof, which is indicated by the establishment of your account. If you are a current VPCART client when this Agreement is activated, your continued use of the Service constitutes your acceptance of this Agreement.
 

1. Service

1.1. VPCART provides Website Hosting services, including, but not limited to, Diskspace for File Storage; FTP Access for uploading and downloading files to and from your assigned account.

1.2. Any means of identification assigned to you by VPCART (including username and IP address) will remain the property of VPCART. VPCART reserves the right to alter or replace these forms of identification at any time.

1.3. VPCART makes no guarantees as to the continuous availability of the Service or any specific feature of the Service. VPCART reserves the right to discontinue and/or change the Service or any of its features at any time with or without notice.
 

2. Registration Requirements

2.1. In consideration of the Use of the Service, outlined below in Section 3, Client certifies to VPCART that he/she is not a minor. By accepting this Agreement, you represent that you are at least 18 years of age.

2.2. You agree to provide VPCART with accurate, complete and up-to-date billing information, including your legal name, electronic mail (e-mail) address, home address, and telephone number. All changes to this information should be reported to VPCART as soon as possible.

2.3. By accepting this Agreement, you agree that you are responsible for all charges posted to your account until you close the account as specified in Section 11. If any information provided by you is inaccurate, not current or incomplete, VPCART retains the right to suspend or terminate your account.
 

3. Use of the Service

3.1. You and those you authorize are the only individuals who are authorized to access the Service through your account. You must ensure that all authorized users on behalf of your account comply with this Agreement.

3.2. You are responsible for maintaining the confidentiality of passwords used by yourself or any authorized user for your account.

3.3. You will not use the Service or permit others to use the Service through your account in any way that violates any law or regulation; subjects VPCART to liability; or is in any violation of the VPCART Terms of Service Agreement.
 

4. User Conduct

4.1. You agree to be solely responsible for the content of your transmissions through the Service. You acknowledge that VPCART simply acts as a passive conduit for the distribution and transmission of data.

4.2. You agree that your use of the Service is subject to all applicable local, state, national and international laws and regulations. Furthermore, you agree that you recognize that violation of any such laws, rules, and regulations shall be cause for immediate termination, without notice, of your account at the sole discretion of VPCART.
 

5. Unacceptable Use of Service

5.1. Illegality in any form, including, but not limited to, activities such as unauthorized distribution or copying of copyrighted software; violation of the U.S. or International export restrictions; harassment; fraud; drug dealing; intentionally inflicting emotional distress; violating trademarks; copyrights; and other intellectual property rights.

5.2. We reserve the right to remove permission to access the Service if we suspect security violation attempts involving your account, whether directly deliberately caused by you or not.

5.3. Spamming, to send unsolicited commercial email or newsgroup posts, from the server or involving your domain.

5.4. Mail bombing, sending of large files or emails to other users against the request of an Internet user, whether or not our servers are used.

5.5. Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include, but are not limited to, the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.

5.6. The use of programs that consume in excess of 25% CPU for more than 90 seconds or in excess of 512mb Random Access Memory (RAM) on the server for a prolonged period as defined by VPASP on a per server basis.

5.7. Unacceptable site content, links, storage and/or distribution including, but not limited to, pirated software or programs which are intended or used for security violation purposes ("cracking software"); "Warez Sites"; "IRC Bots"; offensive material; and defamatory, scandalous, or private information about a person without their consent.

ALL FORMS OF 'UNACCEPTABLE USE OF SERVICE' ARE STRICTLY FORBIDDEN. EVIDENCE OF SUCH MATERIAL WILL BE CAUSE FOR IMMEDIATE TERMINATION OF SERVICE. VPASP WILL BE THE SOLE ARBITERS AS TO WHAT CONSTITUTES A VIOLATION OF THIS PROVISION. VPASP WILL NOTIFY THE APPROPRIATE LAW ENFORCEMENT DEPARTMENT IF SUCH VIOLATION IS A CRIMINAL OFFENSE.

5.8. The use of more than 100,000 inodes on any one domain. An inode is a single file that could be defined as, but not limited to, a page, email, image, script or document.

 

 

6. Fees

6.1. Setup fees (where applicable) are non-refundable.

6.2. VPCART reserves the right to change prices, rates and/or institutes new charges/fees at any time upon 30 days prior notice.

6.3. A service charge, up to the maximum allowed by the state you reside in, will be assessed to your account for each check that is returned to VPCART for insufficient funds.

6.4. Payment must be made towards your account on its assigned due date. If your account is delinquent, your account may be suspended or terminated at the sole discretion of VPCART.

IF YOUR ACCOUNT INCURS CHARGES WHICH ARE DENIED BY YOUR FINANCIAL INSTITUTION, VPASP RESERVES THE RIGHT TO RE-BILL FOR THOSE CHARGES, REGARDLESS OF YOUR ACCOUNT STATUS.

6.5. If you believe that VPCART has billed you in error, you must contact the Billing Department within 30 days of the invoice or transaction date of the charge.

 

 

Disclaimer of Warranties

7.1. You assume full responsibility and risk for use of the Service by you and your authorized users. The Service is provided on an "as is" and "as available" basis. VPCART does not warrant that the Service will be uninterrupted or error-free. VPCART makes no express or implied warranties, representations or endorsements including, but not limited to, warranties of title, non-infringement or implied warranties of service or fitness for a particular purpose regarding all information or service provided through VPCART. No advice or information was given by VPCART, its employees, affiliates or contractors shall create a warranty.

7.2. VPCART shall not be liable for any costs or damages arising directly or indirectly from use of the Service. It is solely your responsibility to evaluate the accuracy, quality, completeness, and usefulness of all opinions, advice, services, and other information provided through the Service.
 

8. User Remedies

8.1. If you are dissatisfied with the Service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole, and exclusive remedy is to terminate this Agreement and discontinue using the Service by closing your account by one of the methods outlined in Section 11.

8.2. Under no circumstances shall VPCART, its employees, affiliates or contractors be liable for any direct, indirect, incidental, special, punitive, or consequential damages that result in any way from any: use of your account or the Service or your inability to use the Service; your reliance on or use of information, services or merchandise provided on or through the Service or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.
 

9. Indemnity

You agree to defend, indemnify, and hold VPCART and its affiliates harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or arising from: any violation of this Agreement by you or those who access this Service through your account; the use of the Service or the Internet in general; and the placement or transmission of any message, information, software, or other materials on the Internet by you or by those who have access to the Service through your account.
 

10. Termination of Agreement

10.1. You may terminate this Agreement by using the methods outlined in Section 11 of this Agreement. Your termination will only be complete upon your receipt of a confirmation number from VPCART. You will receive this confirmation number via Electronic Mail. Charges to your account will stop accruing the day you receive your confirmation number.

10.2. VPCART may terminate this Agreement at any time without cause upon 30 days prior notice; or; immediately if you or any person who has access to the Service through your account, commit a material breach of this Agreement including, but not limited to, a breach of any obligation imposed under Sections 2, 3, 4, 5 or 6 or if you fail to pay any charges within 7 days of the date they accrue.

10.3. Upon termination of this Agreement, all rights granted to you or your authorized users under this Agreement shall immediately cease and terminate.

10.4. Termination from this Agreement does not release you from the obligation to pay all accrued charges under this Agreement.

10.5. Sections 6, 7, 8, 9, and 11 shall survive termination of this Agreement, VPCART retains the right to enforce these provisions regardless of account status.
 

11. Closing an Account

Include your account information (domain name, username, IP address, server name, and password).

Reference your Order/Authorization Number you received with your first receipt of payment.

Requests to cancel accounts or the termination of your payment plan at VPCART will result in the IMMEDIATE deactivation of your account unless specified by the Client.
 

12. Closing a Dedicated Server Account

12.1. You may close your dedicated server account by following the terms laid out in section 11.

12.2. The closure of a Dedicated server account requires 2 weeks notice. The notice must be given within 2 weeks of account payment.
 

This Terms of Service Agreement constitutes the entire Agreement between you and VPCART with respect to the Service.
 

We appreciate this is a daunting document but we are obliged to provide it. If you have any questions please do contact us but normally The Short Version above will satisfy most inquiries.

 
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