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Terms of Service

Terms of Service

Effective as of March 2022

This "VPSQuick" Terms of Service (this "Agreement") governs your purchase and use of all "VPSQuick" services (collectively, the "Services"), as described in the Order Form(s) submitted by you and accepted by "VPSQuick" ("Service Order"). You must register and accept the terms of this Agreement in order to use the Services. BY CLICKING ON THE "I ACCEPT" BUTTON BELOW, AND/OR REGISTERING FOR AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AS WELL AS ALL POLICIES, WHICH ARE INCORPORATED HEREIN BY REFERENCE. "VPSQuick" may modify any of the terms and conditions contained in this Agreement and the AUP, at any time, in its sole discretion. Any modifications are effective upon posting of the revisions on the "VPSQuick" web site (the "Site"). Your continued use of the Services following "VPSQuick" posting of any modifications constitutes your acceptance of the modifications. If you do not agree to the terms of any modification, do not continue to use the services and immediately notify "VPSQuick" of your termination of this Agreement in the manner described in the section below.

POLICY AND SERVICE GUIDELINES

"VPSQuick" provides VPS hosting, domain name registration and other services to many different kind of clients. Therefore we have the responsibility to protect each of our clients and their interests and to provide the best services available. The following guidelines were designed to ensure that these obligations are met.

Acceptable Use Policy (AUP)

You agree not to misuse the "VPSQuick" services or help anyone else to do so. The following is a list of actions that will cause direct suspension/cancellation/termination of your service without the possibility of refund:

  • hosting pornography and sex-related content of any kind is prohibited, publish or share materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence.
  • send unsolicited communications, promotions or advertisements, or SPAM.
  • send altered, deceptive or false source-identifying information, including "spoofing" or "phishing".
  • DoS/DDoS attack others or being a target of any kind of DoS/DDoS attack(s).
  • probe, scan, or test the vulnerability of any system or network.
  • breach or otherwise circumvent any security or authentication measures.
  • access, tamper with, or use non-public areas or parts of the services, or shared areas of the services you haven't been invited to.
  • interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, or mail-bombing any part of the Services.
  • access, search, or create accounts for the services by any means other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk).
  • promote or advertise products or services other than your own without appropriate authorization.
  • the unauthorized sale or distribution of copyrighted media.
  • hosting IRC or IRC bots or any IRC related chat program.
  • hosting BitTorrent / P2P related program.
  • hosting, distributing, or linking to crackz, hackz, KeyGenz, serialz, or pirated software.
  • advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability, or impairment.
  • violate the law in any way, including storing, publishing or sharing material that's fraudulent, defamatory, or misleading; or violate the privacy or infringe the rights of others.

Account Eligibility

By registering for or using the Services, you represent and warrant that: You are eighteen (18) years of age or older. The services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement. If you use the services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the services.

It is your responsibility to provide accurate, current, and complete information on the registration forms. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. "VPSQuick" is not responsible for any lapse in the services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, please contact our sales team via email. Providing false contact information of any kind may result in the termination of your account.
You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.

Utilization

We do not permit sites and databases on the shared servers that use more than 10% of system resources (including CPU, memory, disk space, bandwidth and other resources), or sites which in our view are detrimental to the enjoyment of the services by the other clients. If at any time the client's website affects the performance of the other client sites on the server, we reserve the full right to offer clients the option of upgrading to a hosting plan that would be more suitable such as dedicated server plans or if serious enough to suspend or terminate the client's web site.
Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts.

Refusal of Service

Any customer that violates one of our Terms of Services, your service where the violation has occurred will be immediately cancelled along with all services that you have with "VPSQuick". Additionally, you will become ineligible for any other service(s) with "VPSQuick".

We reserve the right to refuse, cancel, or suspend service at our sole discretion and with no further justification.

Backup

We backup all our shared hosting, reseller hosting and Hyper-V/VPS servers regularly. This service will provide the peace of mind that if the server should fail for any reason we can quickly and completely restore your site or server.

All the video files, audio files, zip files, temp files, backup files, cache files and logs files will be excluded from the backup. The whole shared or reseller account will be excluded from the backup if it is using over 10GB disk space.

We recommend that clients keep an up to date backup of their own sites or servers as this service is intended for disaster recovery to restore an entire server rather than an individual site or server. We will make all attempts to restore the data but it is not guaranteed.

IP Addresses

"VPSQuick" will maintain and control ownership of all Internet Protocol ("IP") numbers and addresses that Database Mart may assign to you. Database Mart may, in its sole discretion, change or remove any and all IP numbers and addresses.

"VPSQuick" reserves the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
 
BILLING

Recurring Billing

You agree to pay for the services in advance of the time period during which such services are provided.

All credit cards are billed automatically monthly, semi-annually, annually or biennially. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction.

Account Cancellation

It is required that you make a cancellation request in our billing system or submit a sales ticket or email to [email protected]. Please note on your request the date for the cancellation to be effective. Cancellations become effective when you receive the cancellation confirmation email from "VPSQuick". Please contact us with live chat or our ticket system if you do not receive the cancel confirmation. 

OWNERSHIP CHANGES AND DISPUTES

Access and Control Policy

When a new account or domain, as applicable, is registered with or transferred to "VPSQuick", the process requires and results in the creation of the following within the records of "VPSQuick", in association with said new account or domain: i) Name of person registering; ii) email address; iii) user name; iv) password; and, v) associated payment information, such as Visa, Mastercard, etc., Credit Card Number & name thereon, etc.

If a person contacts "VPSQuick" and claims that he or she is entitled to access to an account, website, or domain registered with "VPSQuick" but is without access (for any reason such as but not limited to forgotten password or forgotten user name, data loss or corruption on personal computer, improperly locked out, and so forth), "VPSQuick" will give access to the person who acceptably evidences he or she has substantially all of: i) name of the person who originally registered; ii) email address of the person who originally registered; iii) the user name of the person who originally registered, if possible; iv) the associated payment information of the person who registered, such as Visa, Mastercard, etc., Credit Card Number & name thereon, etc. (mandatory); and, v) a photo identification evidencing she or he is the rightful possessor and user of said credit card or payment medium (mandatory). Otherwise, "VPSQuick" will not give access and control to a claimant unless "VPSQuick" is served with a valid order of a court, agency, or appropriate Internet controlling entity such as Internet Corporation for Assigned Names and Numbers ("ICANN"), requiring "VPSQuick" to give such access and control to said claimant or unless there is submitted to "VPSQuick" at [email protected] a written statement duly signed by the person who originally registered said account which statement is duly notarized, and in which said originally registering person confirms that said claimant is entitled to access and control of the account, together with a written notarized statement duly signed by claimant which confirms claimant is entitled to access and control of said account, website and/or domain and has read and agreed to these Terms of Service. Subscriber acknowledges and accepts that the foregoing access and control policies and procedures are the only way that notice(s) can be given and changes can be effected regarding said access and/or control; and, further, that any other changes made directly by Subscriber or by others within the online records of "VPSQuick" shall not be deemed effective to give notice to "VPSQuick" of any changes in said access or control.

Subscriber acknowledges and accepts said access and control policy and procedure, agrees not to bring any claim in the form of a lawsuit or otherwise against "VPSQuick" arising out of its following said policy and procedure, agrees immediately to dismiss any claim so brought, and hereby releases "VPSQuick" from all liability and all claims for damages or any other liability whatsoever that may arise out of "VPSQuick"'s following said policy and procedure.

LIMITATION OF LIABILITY

"VPSQuick" shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from "VPSQuick" servers going off-line or being unavailable for any reason whatsoever.
Furthermore, "VPSQuick" shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of "VPSQuick" servers. All damages shall be limited to the immediate termination of service. All clients are advised to pull regular backups of their sites. We cannot be held responsible for missing files, data or lost business out of this.

You agree to indemnify, defend, and hold harmless "VPSQuick" from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, "VPSQuick", or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.

All complaints will be investigated promptly. Failure to follow any term or condition will be a reason for immediate account deactivation.
DISCLAIMER

"VPSQuick" cannot be held liable for unexpected system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. 
Thus, certain equipment, routing, software, and programming used by "VPSQuick" are not directly owned or written by "VPSQuick". We also depend on the services and terms of the Seller of these services. If any of our ToS is (for whatever reason) out of the ToS of the seller - the seller's ToS apply.

Moreover, "VPSQuick" holds no responsibility for the use of our clients' accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as "VPSQuick" sees fit. We cannot be held liable for links to other sites placed on our systems by clients - the client/owner of a site is responsible for the content and activity of his/her site!