Spamming using other resources with links directed back to sites on our servers or utilising our equipment IS involving us in the spamming not unlike using our actual server and can be grounds for termination without recourse.

SUPPORT RESTRICTIONS
ValueVPS will make every effort to support information for configuring popular network/web software to use internet services. However we can in no way specifically test every piece of software that could conceivably be utilised with our systems, only provide general system-related information. The offer of any particular service does not constitute an obligation on ValueVPS’s part to tutor the necessary skills to utilise that service, only to provide system-specific information.

PAYMENTS
Accounts will be billed in advance for the month or year of service (some services are paid annually). If you sign up and receive service today, we will bill you today for service. No refunds will be processed without “cause” . You will be notified by e-mail to the address you signed up with for services of success or failure. If billing fails and we are unable to process payment for over 72 hours we will suspend services without further notice. If we are still unable to collect 7 days past payment due date we reserve the right to terminate the account and all files on our services without recourse.

LATE / NON PAYMENT
This policy relates to all services on any one account.  Should any invoices remain unpaid past their due date all services for that client account will be suspended, pending termination.  Termination of any services also includes the removal of any backups we may hold.  All accounts in arrears are subject to a 25% late fee. Continual none payment will result in your account being transferred to a debt collection agency and a £50.00 charge will be applied to your account.

UPTIME GUARANTEE
If your website and/or email becomes unavailable due to reasons at our facility (or related) and is in excess of 24 hours, We will offer a refund for 2X the amount of time lost regardless of duration of downtime for any reason NOT related to customer error up to 100% of monthly charges refunded for that period.

CANCELLATION POLICY
We offer a 30 day money back guarantee for cause on all hosting, reseller and dedicated services plans. Cause is any demonstrated failure on our part to deliver services purchased. If you can provide us with a reason that we failed to provide the services you purchased from us we will be more than happy to give you a refund. Domain registration fee’s ARE NOT REFUNDABLE as we register domains in your name.

PAYMENTS
ValueVPS accepts MasterCard and Visa, Discover and PayPal as payment options. We will not accept company or personal cheques, wire transfers, bank transfers or Postal orders.

PRIVACY STATEMENT
ValueVPS follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully. Please click HERE to read the privacy statement.

ACCEPTABLE USE POLICY (AUP)
Use of services provided by ValueVPS constitutes acceptance and agreement to ValueVPS’s AUP as well as ValueVPS’s TOS (Terms of Service).

ValueVPS reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service). All users of ValueVPS services, and their clients, must comply with this AUP and our TOS (Terms of Service).

Any form of abuse of any nature (physical, verbal, live chat or email) toward any of ValueVPS’s staff or outsourced suppliers may result in the withdrawal of technical support or termination of your accounts with immediate effect.  Termination of accounts is at the discretion of ValueVPS and no notice needs to be given.  All decisions are final.

IMPORTANT NOTICE:
We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. ValueVPS may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your ValueVPS account or other actions as detailed below without notice, based upon the nature of the violation.

HOSTING ONLY CUSTOMERS
Please remember, your unlimited E-Mail Services and/or sub domains are for YOUR use.
They are not intended to be used for re-sale or promotional offerings.

This document is intended to provide a basic understanding of ValueVPS’s Acceptable Use Policy. The following are guidelines for the establishment and enforcement of ValueVPS’s AUP. If a ValueVPS account violates this Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however based on the nature of the violation, could result in immediate termination of service.

The following constitute violations of this AUP:

· Illegal Activities:
ValueVPS’s services may not be used for illegal purposes, or in support of illegal activities. ValueVPS reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

· Harm or Endangerment to other people:
You may not use ValueVPS’s services to harm, or attempt to harm, minors in any way, including, but not limited to child pornography, or use ValueVPS’s service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

·Forgery or impersonation:
Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

· Unsolicited E-mail, News Bombing (SPAM)
Use of the ValueVPS service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate suspension of the offending ValueVPS account. Spam complaints will be sent to the e-mail address on file. Failure to respond to complaints within a 24 hour timeframe will result in the ValueVPS staff suspending the offending account by whatever means necessary. Should the account become re-activated without the express written consent of ValueVPS, the offending account will be immediately terminated, and may result in suspension / termination of the server itself. Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove any and all traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been completely removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation will be immediately and permanently removed from our network without notice. Malicious intent to impede another person’s use of electronic mail services or news will result in the immediate termination of the offending ValueVPS account.

ValueVPS will allow Double opt-in safelists as long as they are on their own dedicated servers. These types of sites use a great deal of resources and can’t be supported through our website or reseller programs.

· Copyright or trademark infringement:
Use of the ValueVPS service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorised copying of copyrighted material, the digitisation and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorised transmittal of copyrighted software. Use of the ValueVPS service to collect, or attempt to collect, personal information about third parties without their knowledge or consent. Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

· Network disruptions:
Use of the ValueVPS service for any activity which affects the ability of other people or systems to use ValueVPS Services or the Internet. This includes “denial of service” (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. ValueVPS will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data. ValueVPS, does not allow the hosting of IRC, IRC Bots, or eggdrops or Unauthorized SHELL programs on our network. Accounts found hosting this material will be subject to immediate cancellation without refund. Use of the ValueVPS service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of ValueVPS or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending ValueVPS account is subject to immediate termination.

· Security:
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorised access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorised access to another network or server.

· Network Security: 
ValueVPS accounts operate on shared network resources. Excessive use or abuse of these resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.

· REPORTING VIOLATIONS OF ValueVPS AUP
ValueVPS requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at [email protected] if possible, please provide the IP address used to commit the violation, date and time of the violation, and evidence of the violation.
ValueVPS will charge a £100.00 site clean-up fee for any abuse of the terms listed above PLUS, ALL TIME AND RESOURCES TO TRACK AND TRACE ABUSE WILL BE BILLED AT £25.00 PER HOUR.

· Terms of Service (TOS)
All Terms and Conditions of this TOS (Terms of Service) our AUP (Acceptable Use Policy) and SLA may be modified at our sole discretion without prior warning. Changes to this TOS does not constitute grounds for early contract termination or non-payment. Please check back regularly for any updates.
Use of ValueVPS’s Service constitutes acceptance and agreement to the ValueVPS AUP (Acceptable Use Policy) as well as the ValueVPS TOS (Terms of Service). From herewith in this TOS, AUP, and SLA, the usage of “us”, “we”, “our”, “ours” shall constitute reference to ValueVPS, the usage of “you”, “your”, “they”, “them” shall refer to client / customer of ValueVPS.

Acceptance of Contractual Agreement
1. Client agrees that by placing an order either by means of electronic ordering (web order form) and receipt of such order by ValueVPS, that you are agreeing to our TOS, AUP, and SLA. No Modifications of said contract by customer is allowed.

2. ValueVPS will provide, and Customer will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the customer, and that they are aware of all applicable charges as per contract, AUP, SLA, and TOS. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.

3. In connection with any Hosting Services, if Customer’s actual bandwidth usage in any month exceeds allotted amount, specified in Customer’s contract, Customer will pay ValueVPS any additional fees as specified in the Service Description.

4. DISCLAIMER OF WARRANTIES. ValueVPS expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Services are provided on an “As Is” and “As Available” basis. ValueVPS makes no warranty that its services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects will be corrected. ValueVPS does not warrant, nor make any representations regarding the use, or results of, any of the services it provides, in terms of their correctness, accuracy, reliability, or otherwise. Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to You.

5. Renewal of 3rd party services. ValueVPS will register or renew 3rd party services such as domain names and SSL certificates on behalf of it’s clients. In the event of an error in registration or renewal it is the responsibility of the client to notify ValueVPS within 14 days to allow for manual intervention to correct any issues. In the event that a domain is not registered through non-payment, technical errors or communication errors and the client has not notified ValueVPS of an issue, the client accepts that 3rd party services such as domain names could enter into a redemption period or be lost completely with no recourse.

· Payment:
Establishment of this service is contingent upon receipt of payment from Customer to ValueVPS. Subsequent payments are due on the anniversary date of the month for that month’s service (or year, depending on payment option chosen by the Customer). Any setup fees will be charged full setup fee pricing, and are applied at time of initial request of such services.

The Company will claim a lien on any Customer property in the Company’s possession if the Customer is in debt to the Company.

· Payments and Fees:
Payment is due on the defined monthly recurring billing date of each month (or yearly, depending on payment option chosen by the Customer). Service will be interrupted on accounts that reach 5 days past due and subject to immediate termination. Service interrupted for non-payment is subject to the setup fee for that service for reconnection. Accounts that are not collectable by ValueVPS will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee of not less than Fifty(£50.00) nor more than One Hundred, Fifty(£150.00)

· Delinquent Accounts:
ValueVPS may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees.

· Account Cancellation:
All CANCELLATIONS MUST BE PROVIDED IN WRITING TO SALES ([email protected]) or by clicking the CANCEL button in your billing area 30 DAYS IN ADVANCE OF DISCONTINUATION OF SERVICES. Pro-rated refunds are not given so be sure that we know your intention to leave within 30 days of billing. Clients with colocation or dedicated server services must give 30 days notice and must settle any outstanding invoices.

· Refunds and Disputes:
All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargeback’s, in ValueVPS’s discretion which is valid, under the terms and conditions of our SLA, AUP, and TOS, will result in service interruption, and reconnection fees to restore the desired service.

· Litigation and Legal Action
ValueVPS is based in Darlington, Co. Durham, England and as such…regardless of the place of agreement, the client agrees that for purposes of venue and jurisdiction the understanding regarding services was entered into and performed in Darlington, County Durham, and any dispute will be litigated or arbitrated in Darlington, County Durham. Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in Darlington Courts.

· ValueVPS – SLA
Hosting, Reseller and Dedicated services are defined as servers and server space that is rented to Clients. This service is to provide the clients with knowledge and overview of the server. From time to time security updates, patches, kernel upgrades, and System Administration may be performed free of charge. In addition to these services System Administrator may make recommendations to improve the overall performance, security, and updates to the service. At the sole discretion of the System Administrator any installation, configuration, or tuning of the server may be considered billable, and you will be notified and requested to approve any additional charges. Any Support not included with your dedicated server, will be subject to a £75 an hour labour fee, billed in ½ hour increments during office hours between 9:00am – 5:00pm M-F (GMT). ValueVPS reserves the right to perform maintenance, security checks, or management without client initiating such request. ValueVPS does not take responsibility for the overall security of servers.

Network Outages or Unscheduled downtime is any unplanned or unscheduled interruption in Service availability during which Client is unable to access the services. A Network Outage is defined as a period in which 100% packet loss to our network is experienced, which is determined to have been caused by a problem within the network as confirmed by ValueVPS. Downtime or outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month.

Scheduled Downtime is any ValueVPS scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail and/or forum post.

ValueVPS will refund the customer 200% of the value of the time of service (up to 100% of your monthly fee) for network downtime. Network downtime is measured from the time the network is 100% unreachable, until service is once again restored. In order to request a performance credit, you must E-mail us within 10 days of reported violation. SLA violations will be reviewed by our personnel Monday – Friday 9AM to 5PM GMT.

*Network violation SLA credit does not cover server hardware failure.*

· Performance Credit exclusions:
The following are excluded from the monthly calculation of Service Availability:
· Scheduled downtime
· Problems outside of ValueVPS network (upstream providers, or client’s inbound connection) not effecting 100% loss to our network
· Interruptions or failure of individual service caused by client, their employees, client’s customers, etc. to their service. These include inaccurate configuration, 3rd party software, client abuse or over utilization of resources, hacked servers, attacks, exploits, or server hardware failures.

Server Hardware for Dedicated, or Co-Located Servers
Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included for Dedicated Servers, and switches for Co-Located Servers, unless client provides their own switch.

Hardware replacement will occur within 24 hours of the reported problem, ValueVPS will refund 5% of the monthly fee per additional 6 hours of down time (up to 100% of customer’s monthly fee). In order to reduce replacement hardware downtime, we keep a small quantity of pre-built systems on hand to swap out Hard disks, so that your server can be back up in the shortest amount of time. For Hard disk failures, we keep pre-installed drives with our standard partitioning for immediate deployment, but Cpanel must always be loaded after deployment (part of its validation process) and so will slightly delay the process. In order to request an SLA hardware violation credit, you must E-mail us within 10 days of reported violation. SLA violations will be reviewed by our personnel Monday – Friday 9AM to 5PM EST.
*Hardware SLA violations do not cover network violation*

· Performance Credit exclusions: The following are excluded from the monthly calculation of Service Availability:

· Interruptions or failure of individual service caused by client, their employees, client’s customers, etc. to their service. These include inaccurate configuration, 3rd party software, client abuse or over utilization of resources, hacked servers, attacks and exploits.

Replacement is defined as returning the server to original configuration when it was purchased. If hardware failure causes corrupted Operating System, Data Files, or Configuration of server, ValueVPS will restore the system to original state.

If the server is compromised and a NEW OS and/or Cpanel re-install must be performed for security reasons ValueVPS will charge a £45 fee to restore the system.

ValueVPS is not responsible for the restoration of data to server. We strongly recommend that your purchase backup options for your server, and keep copies of your data off-site with you for emergency purposes. If hardware failure and data loss occurs, you the client are responsible for data restoration. ValueVPS shall not be liable for loss of data under any circumstance.

last updated 17th November 2015