Terms Of Service

As a customer you agree to comply with the following Terms Of Service when signing up for service.

Unacceptable Use

LinuxCloudVPS's servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of unacceptable content or links include: pirated software or media, hacking programs or archives, Warez sites, copyrighted MP3, any IRC related software, Game Servers, public Proxy Servers, etc...

Unacceptable Content

Due to the special system and network requirements of adult-oriented sites, pornography and sex-related merchandising are prohibited. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites. Other unacceptable content includes but is not limited to: sites promoting or discussing any domestic or international extremist political issues (terrorist, nazi, neo-nazi, anarchy, etc...), sites operating mainly as downloading gateways for illegal software or media, IRC related sites, gambling sites, sites promoting or offering warez, pirating, hacking or spamming software, media or other resources, sites containing disturbing, defamatory or offending pictures or other media, and any other site and/or content deemed to be unacceptable by LinuxCloudVPS. Any other web sites that link to ones with unacceptable content will also be treated as unacceptable.

Security

Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems' security or authentication measures, data, or traffic; interference with service of any user, host, or network including, without limitation, sniffing, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information of an email or a newsgroup posting.

IP Ownership

If we assign a Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to us, and Customer shall have no right to use that Internet Protocol address except as permitted by us at our sole discretion in connection with the Services, during the term of this Agreement. We shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by us, and we reserve the right to change or remove any and all such Internet Protocol numbers and addresses, in our sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's allocation policies.

Server Resources

Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, I/O bus usage and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a higher Cloud VPS plan or a Dedicated Server plan.

If you are planning to run high-volume (1000's of emails per day) mailing lists or similar, you have to let us know in advance and make special arrangements because the regular Cloud VPS hosting accounts are not suitable for such activities.

Any web hosting account deemed to be adversely affecting server performance or network integrity will be shut down with prior notice.

*coin Miners

We do not allow *coin mining to be done on our Cloud VPSes. Any account found doing this will be suspended immediately and possibly terminated.

CGI Scripts

CGI script sharing with domains not hosted by LinuxCloudVPS is not permitted. Any CGI-scripts deemed to be adversely affecting server performance or network integrity will be removed without notice. Additionally, we urge you to use PHP instead of Perl wherever possible, to reduce resource utilization.

IRC

LinuxCloudVPS does not allow IRC servers, IRC bots and/or any IRC related software to be operated on our servers.

UCE (Unsolicited Commercial Email) - SPAM

Spamming, the sending of unsolicited mass email from or through a LinuxCloudVPS owned server or using an email address that is maintained on a LinuxCloudVPS server is STRICTLY prohibited and will qualify your account for immediate cancellation without refund. Customers are also in violation of this provision if they engage in spamming using the service of another ISP or IPP, but channel activities through a LinuxCloudVPS server as a mail drop for responses. Violators will be assessed a minimum fine of $.50 per email sent and a $500 per incident and will face immediate account termination.

Service Interruptions

LinuxCloudVPS shall not be liable for failure or delay in performing its 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, failure of third party software or inability to obtain supplies, or power used in or equipment needed for provision of the services. The customer understands and agrees that occasional temporary interruptions of any Internet Services may occur as normal events in the provision of the Internet Services. LinuxCloudVPS agrees to exercise reasonable care to prevent such occurrences; however, under no circumstances will LinuxCloudVPS be held liable for any financial or other damages due to such interruptions. In no event shall LinuxCloudVPS be liable to the customer or any other person for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refunds of fees, loss of profits, loss of income or cost of replacement services.

LinuxCloudVPS provides hardware and network support as well as full technical support for our fully-managed customers, 24 hours per day, seven days per week. The support for self-managed customers is also available 24 hours per day, seven days per week, but is limited to: OS reinstalls, control panel reinstalls, reboots, adding/deleting IPs, firewall configuration and maintenance, kernel upgrades, modifying hostname/domainname for your server, and DNS configuration and maintenance if you use our DNS servers.

Contact & Billing Information

You must provide us with, and keep current, good contact information for you. E-mail and telephone contacts are required, fax and cell phone contact information is encouraged.

Billing and Fees

Payments are due for any month on the same date, or the closest date in that month, to the day you signed up with us and made your first monthly payment. Customers paying by credit card will be charged automatically on the due date until service is canceled. Service will be temporarily interrupted on accounts that are 7 days past due. Service interrupted for nonpayment is subject to a $100.00 reconnect charge for dedicated clients and $10 reconnect charge for shared and virtual server clients. Service will be permanently terminated on accounts that are 30 days past due. Any account in violation of any of our terms or conditions will be automatically deactivated with prior notice.

All Cloud VPS hosting plans include a 7-days unconditional money-back guarantee, so if you are not completely satisfied with our support or services within the first 7 days, you can cancel your account and you will be given a full refund of your payment. There is no refund or any money back guarantee for additional items and services such as: domain registrations, domain transfers, SSL certificates and cPanel/WHM licenses.

Copyright Violations

The Digital Millennium Copyright Act ("DMCA") sets the requirements for valid copyright infringement notification. If you would like to notify LinuxCloudVPS of an infringement of your copyright, the DMCA requires that you:

  1. Send your notification to LinuxCloudVPS's designated agent. You may choose any of the following three paths for this notification:
    • Email to abuse@linuxcloudvps.com
    • Fax to LinuxCloudVPS, Attention: Abuse at (888) 767-3467 ext. 5
    • Mail or courier to LinuxCloudVPS, Attention: Abuse, 2977 Hwy K STE 252, O'Fallon, MO 63368
  2. In your notification please include the following information
    • A physical signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant")
    • Identification of the copyrighted work(s) claimed to have been infringed
    • Identification of the material claimed to infringe the copyright(s), and enough information for LinuxCloudVPS to locate it
    • The Claimant's name, address, and telephone number(s)
    • A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent
    • A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.

Cancellations

Any account cancellation by the client must be requested by fax or email to billing@linuxcloudvps.com at least 14 days before the end of the current month. Please include the last four digits of the credit card number we have on file for your account with your cancellation request, for verification and authentication purposes. All accounts are renewed automatically on the first day of each month for a one month term unless the client requests that their account be terminated.

Refusal of Service

We reserve the right to refuse, cancel, or suspend service at our sole discretion. All accounts terminated due to a violation of our Terms Of Service are subject to a processing fee equal to one (1) month's hosting fee for that account. LinuxCloudVPS does not issue credits for outages incurred through service disruption resulting from Terms Of Service violations.

LinuxCloudVPS will be the sole arbiter as to what constitutes a violation of the Terms Of Service. LinuxCloudVPS reserves the right to remove any account with prior notice. LinuxCloudVPS also reserves the right to refuse to service any person or organization for any reason.

When LinuxCloudVPS becomes aware of an alleged violation of its Terms Of Service, LinuxCloudVPS will initiate an investigation. During the investigation, LinuxCloudVPS may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, LinuxCloudVPS may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, LinuxCloudVPS will notify the appropriate law enforcement authorities.

LIMITATION OF LIABILITY

In no event shall LinuxCloudVPS be liable for any loss of data, loss of profits, cost of cover, or any other special, incidental, consequential, indirect or punitive damages, however caused and regardless of theory of liability. This limitation will apply even if LinuxCloudVPS has been advised of, or is aware of, the possibility of such damages. LinuxCloudVPS expressly disclaims any representation or warranty that the LinuxCloudVPS service will be error-free, secure or uninterrupted. No oral advice or written information given by LinuxCloudVPS, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. LinuxCloudVPS and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

DISCLAIMER OF WARRANTIES

LinuxCloudVPS specifically disclaims all implied warranties, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Except as otherwise provided in this document, any written materials by LinuxCloudVPS, or information on LinuxCloudVPS's web site, shall be for informational purposes only, and shall not create any express or implied warranties, guaranty of performance, or contractual obligations.

MODIFICATION

LinuxCloudVPS reserves the right to add, delete, or modify any provision of its Terms Of Service at any time without notice.

Last revision: September 28, 2011

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