Terms of Services

This is an agreement between VPS.us as well as its partners and affiliates on the one hand, and the user of VPS.us’s products and services on the other hand. 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 services (even if We were not notified of such authorization), this Agreement covers such service or actions.

1. Term of Agreement; Modification.

You agree that VPS.us may modify this Agreement and the services it offers to You from time to time. You agree to be bound by any changes VPS.us may reasonably make to this Agreement when such changes are made. If You have purchased services or products from VPS.us, the term of this Agreement shall continue in full force and effect as long as You take advantage of and use the products or services.

2. Accurate Information.

You agree to maintain accurate information by providing updates to VPS.us, as needed, while You are using VPS.us products and services. You agree You will notify VPS.us within two (2) business days when any change of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within two (2) business days to any inquiries made by VPS.us to determine the validity of information provided by You will constitute a material breach of this Agreement. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if VPS.us has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, VPS.us has the absolute right, in its sole discretion, to terminate its Services and close Your account. VPS.us sends notifications regarding the services provided to the Customer to the Customer’s e-mail.

3. Privacy.

You can view VPS.us Privacy Policy, which is incorporated herein by reference, as it is applicable to all VPS.us products and services. The Privacy Policy sets out Your rights and VPS.us responsibilities with regard to Your personal information. VPS.us will not use Your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy.

4. Acceptable Use Policy.

You should use all services provided by VPS.us for lawful purposes only. You agree to maintain your website in full compliance with the terms listed below. 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 use our services for unlawful or unauthorized access to computer systems and networks of both executor and accessible via internes computer systems and third party networks.
• 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, 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 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 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 (for example, TOR, 3proxy), any settings of iptables, Equated to proxy, warez, image, filedump, mirror, or banner-ad services, topsites, commercial audio streaming, phishing content, doorway sites, 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, pharmaceutical sites, selling any drugs, distribution of confidential and personal information, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, MUDs/RPGs, hate sites, hacking focused sites/archives/programs, or the sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
• not to place programs, that are aimed at hiding customers’ real IP address and that can be aimed at execution of unlawful activities, notably open and private proxy programs (like TOR, 3proxy etc.) and any equated to them, including any equated to proxy settings of iptables (port forwarding), etc, to use a VPS as a transit proxy-server to global net and vice-versa.
• not to perform any commercial or non-commercial activity in selling, reselling and distributing information (software and other production), if a customer is not a right-holder or it is not allowed by the owner of such information, software or other production
• 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 DoS/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. All content 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. Before full account access is granted customer should pass а verification procedure. All the activities connected with services (suspension, termination etc.), account management and refunds can be provided only after successful passing of the verification procedure by a customer. In case you have full managed VPS with us, in the presence of vulnerabilities in the functioning of a VPS we can reboot this VPS for maximum two times a month without a notification, in order to install updates and remove these vulnerabilities, that can be critical. For more information on the Accepted Use Policy for please consult Our Acceptable Use Policy.

5. 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.

6. 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 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.

7. Non-exclusive License.

If You have licensed software from VPS.us, VPS.us grants You a limited, non-exclusive, nontransferable and non-assignable license to use the software for such purposes as are ordinary and customary. You are free to use the software on any computer, but not on two or more computers at one time. You agree to not alter or modify the software. You agree You are not authorized to combine the software with any other software program, create derivative works based upon the software, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon the software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code. VPS.us reserves all rights to the software. The software and any copies You are authorized to make are the intellectual property of VPS.us. The source code and its organization are the exclusive property of VPS.us and the software is protected by copyright law. Except as expressly provided for in this section, this Agreement does not grant You any rights in the software and all rights are reserved by VPS.us. Any such software and services are provided to You “as is” without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose.

8. Third Party Software.

VPS.us provides some third party software to You for easier account management including, but is not limited to cPanel, DirectAdmin, ISP Manager (Lite and Pro), Webuzo, 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.

9. Third Party Content.

If You elect to sell or resell advertising or web space to a third party then You will be responsible for the contents of that advertising and the actions of that third party. VPS.us has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current VPS.us policy or agreement. Such content may result in the suspension or in the immediate termination of Your account. You are responsible for monitoring all domain transfers, renewal and orders. In the event that an error occurs the account holder must notify VPS.us immediately of the error. In no event shall VPS.us be liable to the Account Holder for any damages resulting from or related to any failure or delay of domain registration, transfer or renewal.

10. Billing and Payment.

All fees for the Services shall be in accordance with VPS.us’s fee schedule then in effect, the terms of which are incorporated herein by reference, and shall be due at the times provided therein. If within 30 days since the first payment we receive a termination request from you for the provided VPS for which free back up copy was provided, you will be charged with a single fee of $15. In case the price of your services with us is less that $15, a single fee will be equal to the service price. All taxes, fees and governmental charges relating to the Services provided hereunder shall be paid by you. Once a renewal invoice or an invoice for a new service is issued, provided that client’s credit balance contains any amount of funds, the withdrawal would take place automatically and cover a relevant part of a invoice. VPS.us has the right to unilaterally change the prices for services of domains registration, SSL certificates, hosting panels rental and for the other additional services provided to the Customer in case of the price change by third parties or right-holders of the objects needed for such services providing. In case when Customer has unpaid invoices at the time of price changing these invoices will also be changed in accordance with these changes. VPS.us declares to notify the Customer of the prices change 10 calendar days before this change takes place by sending an email to the Customer email address specified during the registration on the website VPS.us. If You signed up for a monthly payment plan, Your monthly billing date will be determined based on the day of the month You purchase the products or services. If You signed up for a semi-annual (or longer) payment plan, and You elected the automatic renewal option, VPS.us will automatically renew Your services when they come up for renewal and will take payment in accordance with the designated payment method at VPS.us’s then current rates. At our discretion we reserve the right to request a photo or a scanned copy of an identification document (passport/driving licence/any other document confirming your identity), and also to refuse service without giving any reasons. This statement concerns your orders in case a preliminary check of them indicates direct necessity to request an identification document. You agree that a PayPal or 2CheckOut subscription which will be used for automatic payments is created once a successful payment for a service using the according payment method comes through. You may cancel a subscription for a service at any time by contacting VPS.us support team with a corresponding request or using the means provided by the payment processor.

11. Termination & Cancellation Policy.

The initial term of your agreement with VPS.us shall be as set forth in your Order Form. The Initial Term shall begin upon commencement of the Services in the Order Form. After the Initial Term, your agreement with VPS.us shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or cancelled by either party as provided in this section. This agreement may be terminated: (i) by You by submitting a helpdesk ticket under Billing Issues category at least 3 working days before the account is due to renew; and (ii) by VPS.us at any time, without prior notice, if, in VPS.us’s judgment, you are in violation of any term or condition herein, or in VPS.us’s sole judgment, your use of the Services places or is likely to place unreasonable demands upon VPS.us or could disrupt VPS.us’s business operations. You may receive a refund if Your account is cancelled within the initial 30 days after a service was provided/became active. If the account holder cancels after the time period specified, there will be no refund given. Refunds do NOT apply to dedicated IP addresses, operating systems, any licenses (cPanel, DirectAdmin, ISP Manager Lite/Pro, Webuzo etc), upgrades, renewals, technical assistance, addons (additional RAM, traffic and diskspace) or domain registration and renewal related fees. You can get a refund within 30 days from the date of the issue or the date of the SSL certificate renewal, which involves a new SSL certificate issue or within 90 days from the actual time of payment receipt for providing access to the SSL certificate issuing system by VPS.us.

12. Currency.

While all purchases are processed in US dollars, VPS.us may provide an estimated conversion price to currencies other than US dollars. You acknowledge and agree that the pricing displayed during the checkout process is an estimate. Due to potential slight time delays between actual purchase and the payment settlement, the actual price charged may fluctuate. Accordingly, VPS.us makes no representations or warranties that the actual price will be the same or substantially similar to the actual price You will pay and You waive any and all claims based upon any discrepancy between the estimate and the actual price. In addition, you may be charged VAT, based on the country indicated in Your billing address section. Any amounts to be charged will appear during the checkout process.

13. Domain Names Registration and Use.

VPS.us provides domain registration, renewal and ID protection on behalf of You with a registrar selected by VPS.us. Apart from the specific VPS.us terms below the use of the domain registration related services is regulated by ICANN, the registrar and the applicable laws. For more information about the ICANN terms and the terms of the Registrars which VPS.us selects, please read: ICANN Policy: NameCheap:

• Domain registration agreement
• Supplemental registry agreement
• Universal domain name dispute resolution policy
• Whoisgurard service agreement

By registering, maintaining or renewing a domain name, You guarantee that all of the following requirements are met:

• The registration of the domain name does not infringe the right of any third party to the best of Your knowledge;
• The domain name is not registered for unlawful purposes;
• The domain name will not be intentionally and knowingly used in violation of any applicable laws or regulations.
• The information You provided upon sign-up is complete and accurate. These details will be used to register Your domain name and will appear in Whois engines.

You are solely responsible for investigating and determining whether the registration of Your domain name infringes or violates the rights of any third party. Each domain ordered by You is registered on Your behalf and Your personal details are used for its registration. You understand and agree that unless You change this email You may be unable to receive notifications related to Your domain sent by the domain registration authorities. You can change the Domain administrative email and manage Your registered domain name through the Customer Area. You can transfer the domain name registered by VPS.us to another domain name registrar at any time. You shall be solely liable for making any changes in the DNS settings of any domain name in Your account and any consequences following thereof. If You have asked a VPS.us representative to change the DNS settings of a domain name on Your behalf, VPS.us shall be indemnified of any liability for such actions and any consequences that might follow thereof. You agree that in the event that any hosting or service fees, associated with a domain name are reversed, refunded or claimed back by filing a chargeback, the said domain name becomes property of VPS.us and You lose any rights over it or any services associated with it. VPS.us may re-gain property of the domain name in question if all of the following conditions are met:

• You pay in full all due fees for the domain name and the services, associated with it;
• You pay in full all chargeback penalty fees, imposed by VPS.us;
• You provide all requested documents in order for VPS.us settle the chargeback complaint.

VPS.us shall not be liable in the event that during the time period needed for You to fulfill the requirements described above the domain name has either been deleted, has expired or entered Redemption period. VPS.us shall not be liable for the registration, maintenance or management of any domain name, until it has been successfully registered from VPS.us on Your behalf and appeared as such in the corresponding Customer Area. You acknowledge that the non-registered domain names are available for registration to the general public and VPS.us shall not be responsible for and cannot guarantee that any domain name of Your choice will not be already taken and will not be available for registration. Personal information stated when registring a domain name, can be reachable in the Internet via Whois service. This statement is regulated by ICANN policy (The Internet Corporation for Assigned Names and Numbers) http://www.icann.org/dndr/udrp/policy.htm. With the change of registrant First Name, Last Name, Organization Name, email address and other details of a registrant, you will receive a notification regarding the changes and you will need to approve them by clicking the link in that emails. Such notifications will be sent from our Upstream provider to the registrant email address of a domain. If a registrant email address is changed, such notifications will be sent to the old and to the new emails for confirmation. Also, with the change of contact details of a domain, it maybe be blocked for transfer to another registrar for 60 days according to new ICANN policy https://www.icann.org/resources/pages/transfer-policy-2016-06-01-en. Please contact VPS.us support team in order to unlock your domain.

14. Free Domain Names Registration and Renewal.

The registration and the renewal of Your domain name will be included in the initial and renewal fees for the Hosting account and will not be subject to additional fees only if the domain name meets all of the conditions below:

• The domain name registration is requested by You at the time of the initial account setup.
• The domain name is used as the main domain for the hosting account throughout the whole duration of the hosting service.
• The domain name has one of the following extensions: .com; .net; .org; .biz; .info.
• You request the domain renewal in up to 29 days after its expiration day before the domain name redemption period starts. In case the renewal request of a free domain name is received during the domain name redemption period the appropriate redemption fee of $200.00 should be paid by You.

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.

15. Additional Paid Domain Names Registration and Renewal.

All domain names that are registered by VPS.us on Your request and do not meet the conditions for free registration and renewal above are subject to the appropriate fees depending on the number of domains ordered, the registration period and the domain extension. Renewal fees are due for all such domains at the end of the pre-paid period. In case the renewal request of an additional domain name is received in more than 29 days after the expiration of the domain, during the domain name redemption period, the appropriate redemption fee of $200.00 should be paid by You. Registration, renewal and redemption fees for such domain names are non-refundable. You are solely responsible for domain name maintenance. VPS.us shall not be liable for any loss or damage resulting from any kind of domain name issues that were not immediately reported by You by submitting a ticket in Our HelpDesk system. VPS.us will act in good faith to investigate and resolve a reported domain name issues, however, VPS.us has no liability or obligation to achieve any particular outcome or result or resolve domain name issues by any deadline. VPS.us shall have no liability or responsibility for any damage, loss of data, loss of use or any other loss or damage occurring in connection with any domain name issue.

16. Id Protect.

ID protect is a service that allows You to hide Your personal details, connected with Your domain name. ID protect service is provided only for domain names that are registered by VPS.us. VPS.us will charge the appropriate fee for the ID protect service. The fee is applied and should be paid per year basis. The fee is non-refundable. Renewal fee is due for the ID protect service one year after the initial order. You acknowledge that VPS.us cannot be held liable for any system malfunction or failure regardless of its cause that might result in the return of incomplete or erroneous information. You shall raise no claims or seek any compensation for misinformation based solely and exclusively on results returned by VPS.us’s website, system and look up tools. Upon cancellation or expiration of any service associated with a domain name VPS.us will no longer be responsible for the management, maintenance and/or the proper functioning of the said domain name. You shall be solely responsible for maintaining and managing any domain name, associated with any service that has been effectively canceled and/or terminated or has expired. VPS.us shall not be held liable for any loss or damages resulting from the operation failure of any domain name, associated with a service that has been canceled and/or terminated or has expired.

17. Risks Acknowledgment.

Offered goods and services are not provided on order of a person or company, who runs WebMoney Transfer System. We are an independent entity providing services and making decisions about pricing and offers ourselves. Companies, running WebMoney Transfer System do not receive any commission, interest fees or any other awards/refunds for the provided goods or services and are not liable for our activities. Verification done by WebMoney Transfer System only confirms the accuracy of our contact details and prove the identity. Verification is performed on our own intention and doesn’t mean or show our connection with WebMoney System operators sales.

18. Technical Support.

VPS.us provides Technical Support to You at no additional fee only for hosting related issues. VPS.us has the right to decide what is a hosting related issue and to charge additional fees or refuse support for non-hosting related issues. Any fees paid by You for providing non-hosting related support are non-refundable. You can requested technical support only by opening a ticket trough the HelpDesk system located in the Customer area. VPS.us will have no liability to provide technical support if it is requested in any other way apart from the HelpDesk system. You are solely responsible to use the appropriate HelpDesk category when posting a ticket. VPS.us will have no liability to respond to tickets opened in inappropriate categories. You acknowledge that by asking our technical representatives for technical assistance, You authorize their intervention and operation in Your hosting account, Сontrol panel and/or Customer Area. You must provide VPS.us with all information and access to facilities that VPS.us may reasonably require to provide the requested Technical Support. You are solely liable for performing and storing a back-up copy of your data, files and hosting account prior to requesting technical support and agreeing to any technical interference or operation, provided by VPS.us. In the event You are not satisfied with the outcome of any technical action You shall be solely responsible for restoring the back-up copies of Your hosting account and uploading Your website. You should not abuse the HelpDesk system. Abuse of the HelpDesk system includes, but is not limited to, excessive number of tickets opened by a single Customer, aggressive and/or harassing behavior, repetitive use of inappropriate categories for posting a ticket, etc. Any abuse of the HelpDesk system may result in warning, HelpDesk access restrictions, hosting account suspension or possible hosting account termination with no refund. VPS.us has the sole right to decide what constitutes abuse of the HelpDesk system. Customer Support Service do not consult on programming and website design matters, script and software debugging and other similar questions. We reserve our right to refuse technical aid without giving any reasons.

19. Disclaimer of Warranty.

You agree to use all Services and any information obtained through or from VPS.us, at your own risk. You acknowledge and agree that VPS.us exercises no control over, and accepts no responsibility for, the content of the information passing through VPS.us’s host computers, network hubs and points of presence or the Internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NONE OF VPS.us, ITS PARENT, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE (EACH, A “VPS.us PERSON”) MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT VPS.us PROVIDES. NO VPS.us PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. VPS.us IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM YOU OR STORED BY YOU OR ANY OF YOUR CUSTOMERS VIA THE SERVICES PROVIDED BY VPS.us. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY VPS.us PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this section shall survive any termination of this agreement.

20. Limitation of Liability; Waiver and Release.

You agree that no VPS.us Person, under any circumstances, shall be held responsible or liable for situations where the Services are accessed by third parties through illegal or illicit means, including situations where such data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to VPS.us at the time) which may exist in the Services or VPS.us’s equipment used to provide the Services. Under no circumstances, including negligence, shall any VPS.us Person be liable for any indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data or use by you, any of your customers or any other third party, whether in an action in contract or tort or strict liability or other legal theory, even if VPS.us has been advised of the possibility of such damages. No VPS.us Person shall be liable to you, any of your customers or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, termination of the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, bots, worms, defects, delays in operations, denial of service attack, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to your records, programs, equipment or services. Notwithstanding anything to the contrary in this agreement, VPS.us’s maximum liability under this agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) shall not exceed the actual dollar amount paid by you for the Services which gave rise to such damages, losses and causes of actions during the twelve (12) month period prior to the date the damage or loss occurred or the cause of action arose. You understand, acknowledges and agrees that if VPS.us takes any corrective action under this agreement because of an action of you or one of your customers, that corrective action may adversely affect other customers of yours and you agree that VPS.us shall have no liability to you, any of your customers due to such corrective action by VPS.us. This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this agreement. The terms of this section shall survive any termination of this agreement.

21. Indemnification.

You agree to indemnify, defend and hold harmless VPS.us and its parent, subsidiary and affiliated companies, and each of their respective officers, directors, employees, shareholders and agents (each an “indemnified party” and, collectively, “indemnified parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to: (i) your use of the Services; (ii) any violation by you of the Terms and Conditions; (iii) any breach of any representation, warranty or covenant of yours contained in this agreement; or (iv) any acts or omissions of yours. The terms of this section shall survive any termination of this agreement.

22. 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.

23. Legal Age.

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

24. Final Agreement.

This Agreement, 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.

25. 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.

26. 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.

27. Force Majeure.

VPS.us shall not be liable for failure or delay in performing it obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.

28. 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.

29. Affiliate program Terms and Conditions.

Listed below are the terms and conditions associated with our affiliate program. Payment: Affiliates are paid 10% per a new hosting account referred to our services. 10% will also be credited each time referred by an affiliate client will prolong his services as long as his account is active. A signup is counted when a customer first clicks on an affiliate referral link, completes the signup process and stays active for more than 30 days. All affiliate commissions become active 30 days after the initial purchase. Affiliates must generate a balance of $100 or more before the payment will be sent. Commission payments can be made via PayPal. Affiliates are responsible for any and all fees, taxes, exchange rates, surcharges and other expenses incurred in order to receive their commissions. Please check with your local banking institution to find out if any of these apply for your area/country. Affiliates don’t receive commissions on the purchases of their own hosting accounts. Reversals: Referrals that have been issued a refund within the first 30 days of service will be deducted from commissions owed. Referrals that are found to be fraudulent (false information, fake/stolen credit cards etc.) will be reversed. Referrals that issue a credit card charge back will be reversed. Advertising Compliance: Affiliates may not offer cash back, rewards or incentives. Affiliates may not bid on trademark keywords for the purpose of PPC on the search engines (Google, Yahoo, MSN, Ask). Any affiliates found bidding on trademarked terms will be deactivated. For a list of banned keywords, please contact the affiliate manager using the information provided below. Affiliates may use the approved banners and ad text code found in the affiliate management center. Affiliates are responsible for ensuring that their tracking code is working properly before sending traffic to our servers. Any modification to the links is the sole responsibility of the affiliate – commissions will not be paid for tracking errors caused by editing, masking or tampering with your links. Affiliates must use their own website and identity in the sign-up process and may not assume a false or another person’s or entity’s identity or place advertiser paid links on a site without authorization. Deactivation: Affiliate accounts may be deactivated at any time without warning or advanced notice. Your account WILL BE DEACTIVATED and commissions set to $0 for failure to comply with the Affiliate Terms contained herein. Any false or misleading advertising or suspected fraudulent activity associated with your affiliate account will result in immediate deactivation. Affiliate accounts generating a large number of fraudulent accounts may be deactivated upon review. Affiliates may not resell hosting. Offenders will be deactivated. If you would like to discontinue your affiliate status, simply remove your affiliate links and no longer promote them. For accounting purposes your account and personal information will not be completely removed from our system. Affiliates CANNOT SPAM. Any affiliates found determined or reasonably suspected to be inbound in an unsolicited bulk e-mail program will be immediately deactivated with commissions set to $0 for failure to comply with the Affiliate Terms contained herein. BY REGISTERING AS AN AFFILIATE YOU ARE AGREEING TO THE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MUST DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE AFFILIATE PROGRAM, OR DEACTIVATE YOUR ACCOUNT IF YOU ARE ALREADY A MEMBER. Changes to the Terms and Conditions apply to you. You may review the most current version of the Terms and Conditions at the site. VPS.us may change the Terms and Conditions, in whole or in part, at any time at VPS.us’ sole discretion. Posting of such changed Terms and Conditions on the site shall constitute notice of such changes to you, although VPS.us may choose additional types of notice VPS.us will use reasonable efforts to provide you with 7 days advance notice of changes that materially and adversely impact your use of the Affiliate Program. Your continued use of the Affiliate Program following notice constitutes your acceptance of all changes. If you do not agree to any such changes, your sole and exclusive remedy is to deactivate your account as described above. If you have any questions regarding our affiliate program please email affiliates [at] VPS.us