ACCEPTABLE USE POLICY

This Acceptable Use Policy sets forth the terms and conditions of your use of hosting and related services (“Services”). In this Agreement “You” and “Your” refer to you or any agent, employee, servant or person authorized to act on your behalf. “We”, “Us” and “Our” refer to VPS.us.com as well as its subsidiaries and sister companies (collectively “VPS.us”). This Agreement explains our obligations to You, and explains your obligations to us for various services offered by VPS.us. When You use Your account or permit someone else to use it to purchase or otherwise acquire access to additional VPS.us service(s) or products or to cancel Your VPS.us service(s) (even if we were not notified of such authorization), this Agreement covers such service or actions.

1. Sharing of Information.

As a condition of purchasing and using our VPS plans, You acknowledge and agree that VPS.us may provide Your personal information to their partners, as necessary to provide You with the selected products and services. The provided information falls into the following categories: (i) Information that users provide through optional, voluntary submissions. These are voluntary submissions made by You in order to receive our electronic newsletters, to participate in our message boards or forums, to email a friend, and to participate in polls and surveys; and (ii) Information VPS.us gathers through aggregated tracking information derived mainly by tallying page views throughout our sites. This information allows us to better tailor our content to users’ needs and to help our advertisers and sponsors better understand the demographics of our audience. Because VPS.us derives its revenue mainly from sponsorships and advertising, providing such aggregated demographic data is essential to keeping our select services free to users. Under no circumstances does VPS.us divulge any information about an individual user to a third party. Further information regarding the nature of information shared by VPS.us can be obtained by reviewing the Privacy Policy. You acknowledge and agree that Your name and justification may be disclosed to certain registries, including, but not limited to, the American Registry of Internet Numbers, in accordance with policies promulgated by any and all such registries and such information may be displayed on the Whois.

2. User Obligations.

You represent and warrant to VPS.us that: Your content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person and that You own Your server content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your server account. You also represent and warrant that the server content being hosted by VPS.us shall not be used in connection with any illegal activity.

3. Network Interruptions.

VPS.us will use its best efforts to maintain a full time Internet presence for Your account. You hereby acknowledge that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall VPS.us be liable to You for any damages resulting from or related to any failure or delay of VPS.us in providing access to the Internet under this Agreement. In no event shall VPS.us be liable to You for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of VPS.us under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder. The terms of this Section will survive the termination of this Agreement.

4. Accounts.

This Agreement applies to all accounts, sub-accounts, and alternative account names associated with Your principal account. You are responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. A VPS.us account may not be transferred without prior written approval from VPS.us.

5. IP Address.

VPS.us assigns to You an Internet Protocol (“IP”) address in connection with Your use of the VPS.us services. The right to use that IP address will remain with and belong only to VPS.us, and You will have no right to use that IP address except as allowed by VPS.us in its sole and absolute discretion.

6. Payment Terms.

• You may receive a refund if Your account is cancelled within the initial 30 days after a VPS was provided. If the account holder cancels after the time period specified, there will be no refund given. Refunds do NOT apply to dedicated IP addresses, additional disk space, additional RAM, additional traffic, control panels, script installers, domain registration and renewal related fees. Important: If You cancel within the first 30 days and have registered free domain name with us during this time period, VPS.us will charge You a one time fee of $13.00 per domain name if You do not wish to continue with the domain name transfer. If You cancel your account and wish to transfer free domain name registered by VPS.us to any other registrar You will be charged a one time fee of $15 per transfer per domain. These terms are in place to prevent abuse of our free domain name(s) service.
• VPS.us may temporarily deny service or terminate this Agreement upon Your failure to pay charges when they become due. Such termination or denial will not relieve You of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
• If Your account becomes overdue, the account will be suspended.
• If you fail to renew your membership with VPS.us.com within 10 calendar days after the renewal date, without giving a written notice to VPS.us.com, we reserve the right to cancel your account after the given period.
• If You improperly charge back for services rendered, Your account will be terminated and a $200.00 charge back fee will be added to the amount charged back by You.
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7. Prohibited Activities.

By using any Services, provided by VPS.us You agree:

• not to violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
• not to transmit any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing.
• not to make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
• not to make, attempt or allow any unauthorized access to VPS.us website, servers, your own hosting account or the account of any other customers of VPS.us.
• not to allow any remote code execution of malicious software through the hosting account provided by VPS.us.
• not to cause denial of service attacks, brute force attacks, port scans or other endangering and invasive procedures against VPS.us servers and facilities or the servers and facilities of other network hosts or Internet users, and not to participate in such attacks as an intermediate point; not to cause SYN-flood, UDP-flood and similar activities.
• not to forge the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User.
• not to use VPS.us services to host any website, other content, links or advertisements of websites that: infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; are connected with a commercial or non-commercial activity of selling, reselling and distributing information (software and other production), if you are not the owner, and if it is not allowed by the owner of such information, software of other production; are connected with child or animal pornography; profess hatred for particular social, ethnical, religious or other group; contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person’s property; contain warez; contain any kind of proxy server or other traffic relaying programs, including software settings equivalent to proxy; contain any type of anonymizer; promote money making schemes, multi-level marketing or similar activities; contain any part of botnet software; run public IRC servers; contain torrent trackers, torrent Portals or similar software; violent or encouraging violence.
• not to upload unacceptable material which include: IRC bots, proxy scripts, warez, image, filedump, mirror, or banner-ad services, topsites, commercial audio streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, MUDs/RPGs, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
• not to engage in or to instigate actions that cause harm to VPS.us or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by the any online spam database, actions resulting in DDOS attacks for any servers, including running public recursive DNS resolvers, etc.

VPS.us reserves the right to refuse service to anyone upon Our discretion. Any material that in VPS.us judgment, is either obscene or threatening is strictly prohibited and will be removed from VPS.us servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund. In case the service is suspended/terminated due to violation of the Terms of Services, Acceptable Use Policy the refund is not provided.

You agree that We have the sole right to decide what constitutes a violation of the acceptable policy use described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our Acceptable Use Policy is found, VPS.us will take corrective action upon our own discretion and will notify You. VPS.us decision in such case is binding and final, and cannot be a subject of a further change. VPS.us cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to VPS.us or any other third party.

We have the right to terminate each and any hosting account that has been suspended for any reason for more than 14 calendar days after the suspension date, unless You have taken corrective measures to remove the initial suspension threat or violation. Any backup copies of the hosting account will be permanently deleted upon termination and no refund will be due. VPS.us will not be liable for any loss or damages in such cases.

8. E-mail and Anti-spam Policy.

You are prohibited from:

• sending unsolicited bulk messages over the internet;
• sending more than 1000 emails from one VPS per hour;
• creating websites intended or likely to promote the your affiliated websites or to increase the ranking of any associated sites in the search engines;
• sending spam and unsolicited messages to weblogs or automatically publish multiple unrelated comments or promotions of commercial services to weblog sites.

You must comply with the CAN-SPAM Act of 2003 and all relevant regulations and legislation on bulk and commercial email.

You are prohibited from sending mass unsolicited email messages. All emails sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In in to mailings from You will be considered as unsolicited email messages. You using and sending mass mailings must at all times maintain complete and accurate records of all consents and opt-ins and upon request provide said records to VPS.us. In the event that You cannot provide actual and verifiable proof of such consents and opt-ins, We will consider the mass mailing to be unsolicited.

VPS.us prohibits the following activities listed without limitation hereunder:

• Usage of the VPS.us network and systems to receive replies to unsolicited mass e-mail messages.
• Forgery of e-mail headers (i.e.”spoofing”).
• Spamming using third-party proxy, aggregation of proxy lists, or proxy mailing software installation.
• Configuring a mail server to accept and process third-party emails for sending with no user identification and/or authentication.
• Hosting web pages advertised via “spam e-mail” sent from another network (“spamvertising”).
• Hosting any web pages or providing any services that support spam.
• Using weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop-ups, instant messages or text/SMS messages for sending, posting or transmitting unsolicited bulk messages.
• Advocating any activities, prohibited by the Acceptable Use Section of this Agreement.
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9. Use of Traffic (bandwidth).

In case of usage of more than 5 TB of traffic for a VPS we have the right to reduce bandwidth of your VPS to 10 Mbit/s till the end of the calendar month, when occured exceeding of use of it. On the first day of the following month speed limit will get back to its initial value.

10. Disc Space Use.

Your account disc space is limited in accordance with the VPS Type. Additional space can be ordered by You as additional service.

11. Additional Services.

The initial and renewal fees for each VPS include the number of IPs in accordance with VPS type. Additional IPs can be added to a VPS. This is done only if the reason for the dedicated IP request is approved by VPS.us. In such a case VPS.us will charge the appropriate fee for the dedicated IP. The fee is applied and should be paid on a per month basis. The fee is non-refundable. Renewal fee is due for each Dedicated IP one year after the initial order. You can order Additional Space as extra features to Your VPS account(s). VPS.us will charge the appropriate fee for the additional space, depending on the amount of space ordered. The fee is applied and paid on a monthly basis. The fee is non-refundable. Renewal fee is due for the Additional Space each month after the initial order, until the upgrade or the VPS account itself is cancelled. You are solely responsible to make the renewal payments in a timely manner. In case no renewal payment is received, VPS.us will try to remove the additional space if not used. If You still use the additional space VPS.us may need to suspend the whole VPS account until receiving additional space renewal payment or until Your content is decreased, so that it no longer needs the additional space and it can be removed.

12. Storage and Security.

At all times, You shall bear full risk of loss and damage to Your server and all of Your server content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your server content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your server content; (ii) maintain independent archival and backup copies of Your server content; (iii) ensure the security, confidentiality and integrity of Your server content transmitted through or stored on VPS.us servers; and (iv) ensure the confidentiality of Your password. VPS.us’s servers are not an archive and VPS.us shall have no liability to You or any other person for loss, damage or destruction of any of Your content. The services offered by VPS.us are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. VPS.us shall have no liability to You or any other person for Your use of VPS.us products and/or services in violation of these terms.

Backups of new/changed data are made weekly for VPSs. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. If loss of data occurs due to an error of VPS.us, we will attempt to recover the date for no charge to the client.

13. Transfer of Content.

In the event You terminate this Agreement or Your use of VPS.us products and/or services, then moving Your server content off of the VPS.us dedicated servers is Your responsibility. VPS.us will not transfer or FTP Your server content to another provider. In the event Your use of VPS.us products and/or services is terminated, VPS.us will not transfer or manage Your Dedicated Services or Your server content.

14. Third Party Software.

VPS.us provides some third party software to You for easier account management including, but is not limited to cPanel, Softaculous apps installer, etc. Such software is provided on an as is as available basis. We do not guarantee that any specific results can be obtained by using such software. VPS.us does not take responsibility for any faults in such software functioning.

You can add and use third party software on Your account only if it is compatible with Our servers and is approved by VPS.us. Your use of any third party software is at Your own risk. VPS.us cannot be responsible for any third party software performance and provides no guarantees that its use will result in any particular outcome or result. VPS.us will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with Your use of third party software or products.

You are solely responsible for any license and other fees required by the software providers, for using any third party software installed on Your account apart from the initial account setup.

15. VPS.us Reservation of Rights.

• VPS.us explicitly reserves the right and sole discretion to: (i) modify its pricing, if desired by VPS.us ; (ii) establish limits and guidelines concerning the use of VPS.us services and/or products; (iii) terminate Your use of VPS.us services and/or products for use of VPS.us services and/or products to unnecessarily or illegally harass VPS.us or third parties, non-payment of fees for VPS.us services and/or products, activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties, activities prohibited by the laws of the United States and/or foreign territories in which You conduct business, activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography, activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable in the sole opinion of VPS.us, activities designed to impersonate the identity of a third party, activities designed to harm minors in any way, and other activities whether lawful or unlawful that VPS.us determines, in its sole discretion, to be harmful to its other customers, operations, or reputation; (iv) terminate Your use of VPS.us services and/or products if Your use of VPS.us services and/or products may results in, results in, or is the subject of, legal action or threatened or proposed legal action, against VPS.us or any of its affiliates or partners, without consideration for whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit; and (v) terminate Your use of VPS.us services and/or products at any time and for any reason if deemed reasonably necessary by VPS.us. VPS.us has no obligation to monitor Your use of VPS.us services and/or products, but reserves the right in its sole discretion to do so.
• Right of refusal. VPS.us has the right to refuse services to anyone at our discretion.
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16. Limitation of Liability; Waiver and Release.

The services offered by VPS.us are being provided on an “AS IS” and VPS.us expressly disclaims any and all warranties, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose, to the fullest extent permitted or authorized by law. Without limitation of the foregoing, VPS.us expressly does not warrant that VPS.us services and/or products will meet Your requirements, function as intended, or that the use of the provided services will be uninterrupted or error free. In no event shall VPS.us be liable for any or all direct, indirect, incidental, special, exemplary or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including, but not limited to, negligence or otherwise) arising in any way out of the use of the services, even if VPS.us is aware of or has been advised of the possibility of such damages.

Accordingly, You for Yourself and all of Your heirs, personal representatives, predecessors, successors and assigns, hereby fully release, remise, and forever discharge VPS.us and all affiliates of VPS.us, and all officers, agents, employees, and representatives of VPS.us, and all of their heirs, personal representatives, predecessors, successors and assigns, for, from and against any and all claims, liens, demands, causes of action, controversies, offsets, obligations, losses, damages and liabilities of every kind and character whatsoever, including, but not limited to, any action omission, misrepresentation or other basis of liability founded either in tort or contract and the duties arising thereunder, whether known or unknown, relating to or arising out of, or in any way connected with or resulting from, the products and services and Your acquisition and use thereof, including, but not limited to, the provision of VPS.us services and/or products by VPS.us and its agents and employees.

17. Notices.

You agree that any notices required to be given under this Agreement by us to you will be deemed to have been given if delivered in accordance with the account and/or domain name WHOIS information you have provided.

18. Legal Age.

You attest that you are of legal age to enter into this Agreement.

19. Final Agreement.

This Agreement, the referenced agreements, together with all modifications, constitute the complete and exclusive agreement between You and us, and supersede and govern all prior proposals, agreements, or other communications. This Agreement may not be amended or modified by You except by means of a written document signed by both You and an authorized representative of us.

20. No Agency Relationship.

Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.

21. Enforceability.

In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.

22. Force Majeure.

Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over VPS.us, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, VPS.us may immediately terminate this Agreement.

23. Headings.

The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.