VPSNest.com, www.VPSNest.com, is operated by VPSNest.com.
This service contract (hereinafter the “CONTRACT”) is between VPSNest.com and the applicant, You: (hereinafter CLIENT) who wishes Internet Web Hosting and/or Co-location services with VPSNest.com.
The Virtual Web Server Internet account and related electronic services can only be used for legal purposes under all federal, provincial, state and local laws.
Relationship Between VPSNest.com and CLIENT
VPSNest.com will use its best efforts to maintain a full time 24/7 Internet presence for CLIENT.
CLIENT’s rights and privileges cannot be sold or transferred without the written consent and approval from VPSNest.com sixty (60) days in advance.
This contract represents the complete understanding between CLIENT and VPSNest.com. If CLIENT sells advertising to a third party, the CLIENT will be held responsible for the content of that advertising and the actions of that third party.
CLIENT agrees not to harm VPSNest.com, its reputation, computer systems, programming and/or other CLIENTS using VPSNest.com’s services.
VPSNest.com reserves the right to refuse service and cancel a CLIENT account at any time
Interruptions in Service
VPSNest.com is not liable for any errors or interruption in service, whether within or outside of VPSNest.com’s reasonable control. CLIENT understands interruptions may or may not occur and CLIENT will hold VPSNest.com free and harmless from any damages incurred in any event of any time of loss. Service may be temporarily unavailable for scheduled maintenance, either by VPSNest.com or by third-party providers, or because of power interruptions or other causes. VPSNest.com services are not meant for production use and are provided as is without any promise or warranty.
Each of VPSNest.com shared web hosting products carry a no questions asked 15 Day money back guarantee on them. Remember, this is only for the Budget, Shared and WordPress hosting and does not apply to administrative fees, install fees for custom software, SSL Certificates, Dedicated IP Addresses, Managed Services, Virtual Private Servers (VPS), Dedicated Servers, or domain registration/transfer/renewals.
In case of any interruptions in the service, CLIENT is responsible for any and all backups relating to his or her website and data stored at VPSNest.com! VPSNest.com may or may not provide backups and it is solely at the discretion of VPSNest.com!
For all above mentioned Hosting services it is down to us if we agree with your reasoning and if we can fix the issue then a refund will not be issued. Prepayments and account credit are ineligible to be refunded, or transferred to alternate accounts regardless if the upcoming billing term has started.
CLIENT is responsible for protecting CLIENT’S password and for any authorized or unauthorized use made of CLIENT’s password. CLIENT will not use or permit anyone to use VPSNest.com’s service to guess passwords or to access other systems or networks without authorization. VPSNest.com will fully co-operate with law enforcement authorities in the detection and prosecution of illegal activity.
CLIENT must return to VPSNest.com all IP addresses issued by VPSNest.com to CLIENT if CLIENT discontinues service with VPSNest.com or if VPSNest.com discontinues service.
CLIENT is expected to be familiar with and to practice good Internet etiquette (Netiquette). CLIENT will comply with the rules appropriate to any network to which VPSNest.com may provide access. CLIENT should not post, transmit, or permit Internet access to information CLIENT desires to keep confidential. CLIENT is not permitted to post any material that is illegal, libelous, tortuous, or likely to result in retaliation against VPSNest.com by offended users. VPSNest.com reserves the right to refuse or terminate service at any time. CLIENT will indemnify VPSNest.com and hold VPSNest.com harmless from any damage to VPSNest.com’s business, service, equipment, network(s) operations, or reputation resulting from CLIENT’s actions, including but not limited to any government actions, acts of vandalism or other retaliation, and any claims of libel, unfair competition, infringement of any patent, copyright, trademark, service mark, or other intellectual property right, violation of privacy, or other tort.
VPSNest.com has the right to refuse service if CLIENT content of information provided is deemed illegal, unethical, misleading, contains child or any other pornography, bestiality, promotion of illicit drugs, hate groups or literature by CLIENT and/or CLIENT’s third-party.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email abuse@ VPSNest.com.
The use of a shared or VPS account as a backup/storage device is not permitted with the exception of one backup of the same account. Please do not take backups of your backups.
Do not backup the content of your local computer to our servers. All content stored on the server must be publicly accessible via the website.
Examples of unacceptable material on all hosting plans include:
Free Web Hosting
Image Hosting Scripts (similar to Photobucket or Tinypic)
Mail Bombers/Spam Scripts
Large collection of MP3 files and/or DVD/CD ISO Image Files
Banner-Ad services (commercial banner ad rotation)
File Dump/Mirror Scripts (similar to Rapidshare)
Commercial Audio Streaming (more than one or two streams)
High-Yield Interest Programs (HYIP) or Related Sites
Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
Sale of any controlled substance without prior proof of appropriate permit(s)
Prime Banks Programs
Hateful/Racist/Harassment oriented sites
Hacker focused sites/archives/programs
Sites promoting illegal activities
Forums and/or websites that distribute warez/pirated/illegal content
Bank Debentures/Bank Debenture Trading Programs
Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
Push button mail scripts
Broadcast of Streaming of Live Sporting Events
Anonymous or Bulk SMS Gateways
PayDay Loan Sites
CLIENTS who provide the above-mentioned content are in breach of the contract. VPSNest.com may terminate service without notice and without any refunds of CLIENT’s unused pre-paid portion of funds
15 Day Money Back Guarantee for non-Web of WordPress hosting is only applicable in the unlikely event of broken service or technical issues. Money Back Guarantee doesn’t cover “Changed Mind” scenario.
All accounts created must also abide by these 2 rules:
REAL Domain names ONLY. (Names must be registered Domains and point to our DNS)
NO “Index_of” sites. All sites must either have an under construction page or some kind of content.
The only exception to rule #1 is if your site/Domain is hosted on a different server and your Domain is pointing to that server’s DNS
These 2 rules will begin being enforced 48 hours after the account is created.
The following restrictions on hosting plans:
Taking up more than 20% system resources for more than 90 seconds. Numerous activities can cause this such as CGI scripts, FTP, PHP, HTTP, MySQL, etc
Running unattended standalone server side daemons such as IRCD
Running any scripts (web spider) which indexes websites
Running any BitTorrent application, tracker, or client. You may link to torrents off-site, but may not host or store
Running any file-sharing/peer-to-peer activities
Running any game servers which are in direct violation of the copyright holder policies.
Running any cronjobs less than 15-minute intervals
Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid over-usage. Every file (webpage, image file, email, etc) on your account uses up 1 inode. The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension Unsolicited Commercial Email
VPSNest.com may not be used to transact Unsolicited Commercial E-mail (UCE). This is commonly referred to as SPAM. CLIENTS of VPSNest.com may not use or permit others to use, the VPSNest.com network(s) to send UCE. VPSNest.com will not host, or permit hosting of sites or information that is advertised by UCE from other networks. VPSNest.com will not permit CLIENTS to SPAM newsgroups, or SPAM from other networks or that may or may not point to a site on VPSNest.com’s network. CLIENTS that transact UCE are in breach of this contract. Every reasonable attempt will be made to contact the CLIENT and allow them to resolve the problem or complaint before taking action. VPSNest.com reserves the right to place a temporary block in the event the CLIENT is unreachable or is unable to stop the UCE. CLIENT will constitute this contract as “fair warning” as to VPSNest.com’s strict “NO SPAM” policy. VPSNest.com reserves the right to terminate services without any refunds of the unused portion prepaid by CLIENT when CLIENT is in violation of “NO SPAM” policy. Notice given by electronic mail shall be deemed received on (1) business day after it is posted to the recipient’s e-mail address. VPSNest.com will also fine the individual $500.00 per SPAM incident.
Warranty and Assumption of Risk
CLIENT uses VPSNest.com services at CLIENT’s own risk. VPSNest.com makes no warranty expressed or implied, including but not limited to any warranty of merchantability or fitness for a particular purpose. VPSNest.com shall not be liable for any loss or other damage, including but not limited to special, incidental, consequential, or punitive damages, resulting from any failure to provide service or from any termination of service. VPSNest.com has no control whatsoever and shall not be responsible to CLIENT for the content of any web site or for the content of any third-party material passing through or associated with CLIENT’s web site, some of which may be illegal, inaccurate, adult in nature, harmful, or offensive.
Term of Contract, Termination, and Renewal
All contracts are on a recurring basis. CLIENT shall pay VPSNest.com recurring fees (hereinafter “Recurring Fees”), plus bandwidth charges as outlined on the invoice (see invoice). Pre-payment of recurring fees is due by the time stated on VPSNest.com’s invoice. Amounts past due may result in the termination of CLIENT’s account. Taxes, special services, and third party charges will be stated separately on the invoice. CLIENT shall pay all taxes, fees, and governmental charges. VPSNest.com may change prices without notice and it is the CLIENT’s responsibility to check the website for updates. Grandfathered accounts will not be affected.
All cancellations by CLIENT of service or changes in service must be done via the client portal.
If CLIENT breaches any part of this contract and VPSNest.com has to engage the services of an attorney, the CLIENT will pay any and all of VPSNest.com’s reasonable attorney fees and court costs.
All CLIENT fees are due in advance of the first day of the relevant term. For example, the fees for such services, ie Web Hosting, during the term shall be due on the Effective Date or before the provision of Services. The fees for Services for Renewal Term are due on or prior to the Anniversary Date for such Renewal Term. The amount due may be adjusted by addition of Services, Upgrade of Services, discontinuance of services or downgrade of services and through the use of any SLA Credits applied. The fees for additional or upgraded services for which the “Order” is accepted on the anniversary billing date will be due on the anniversary billing date will be pro-rated on a calendar day basis to the next Anniversary Billing Date and billed as a one time pro-rata charge on the next Billing date. All fees will be due for the following renewal terms until canceled in Section 13a. In the event that a customer does not pay service fees by the Renewal Date, a 1 day grace period will be given. At the end of the grace period, services including Web Hosting Servers and Data will become inaccessible and, 30 days later, the account will automatically be reclaimed.
CLIENT uses VPSNest.com services at CLIENT’s own risk. VPSNest.com makes no warranty expressed or implied, including but not limited to any warranty of merchantability or fitness for a particular purpose. VPSNest.com shall not be liable for any loss or other damage, including but not limited to special, incidental, consequential, or punitive damages, resulting from any failure to provide service or from any termination of service. VPSNest.com also reserves the right to refuse service and cancel CLIENT at any time. VPSNest.com has no control whatsoever and shall not be responsible to CLIENT for the content of any web site or for the content of any third-party material passing through or associated with CLIENT’s web site, some of which may be illegal, inaccurate, adult in nature, harmful, or offensive.
Limitation of Liability
In no event shall VPSNest.com or any of its officers, contractors, or employees be liable for any loss of profit or revenue by CLIENT or for any consequential, incidental, special or exemplary damages incurred or suffered by CLIENT, nor for any loss of power or heating, ventilation, and air conditioning interruption, even if VPSNest.com has been advised of the possibility of such loss or damage. CLIENT shall indemnify and hold harmless VPSNest.com from and against any all claims, costs, expenses or liability arising out of CLIENT’s (inclusive CLIENT’s officer, contractors, employee agents, and invitees) collective or individual use, occupancy or operation of CLIENT’s web site content and/or information.
VPSNest.com reserves the right to revise its policies at any time without notice.