Virtual Private Servers Terms of Service
This is an Agreement between You – Customer of VPS Hosting Services, and the following company, Valicom Net Ltd a Cyprus company headquartered in 16-18 Halkokondyli Street, 1st Floor, Office 104, 1071, Nicosia, Cyprus
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As a Customer of our Services, you need to be aware that, when signing up for an account with Valicom Net Ltd, you accept and agree to abide by our VPS Hosting Services (this document) and our Acceptable Use Policy (AUP). The Order Form completion of the Service represents the electronic signing of these two documents.
As a Customer of our Services, you understand and agree also that it is beyond the power of Valicom Net Ltd to restrict any public access to the data that you position on our servers and guarantee the security of your files. In this respect, you accept that it is your obligation to protect all the information that you make available to the wide internet public through our VPS Hosting Services network and assume all responsibility for unveiling online personal data that could be abused.
SERVICE AGREEMENT; ENTIRE AGREEMENT
Valicom Net Ltd shall provide its Services to You – the Customer – under the Terms and Conditions explicated in this Service Agreement. The Agreement is intended to keep the integrity of both Valicom Net Ltd and the Customer and to protect both parties from liability. This Service Agreement will be enforced to ensure the speed, power, performance, and reliability of our Services.
The Service Agreement, together with the Order Verification Policy, the Acceptable Use Policy (AUP), and any other policies or agreements mentioned in this document, constitute the whole act of convention between Valicom Net Ltd and the Customer.
VPS SERVER HOSTING SERVICES – FEATURES, RULES FOR ACTIVATION AND PAYMENT BASIS
Upon submitting of the order form, the Customer agrees to abide by our Order Verification Policy and the following provisions:
The payment for the VPS service is set up on a monthly or yearly basis. The Customer agrees to pay for the rendered VPS hosting services in advance of each monthly or yearly service cycle.
If the Customer fails to follow the billing cycle, the rendered VPS hosting services will be suspended immediately. The data hosted on the VPS server will be kept intact for one month, after that it will be permanently erased.
SERVICE GUARANTEES; DATA BACKUP
SERVICE GUARANTEES
Valicom Net Ltd guarantees 99.9% network uptime and server stability. This, however, does not refer to problems stemming from:
Server Hardware Breakdown;
User error(s) or purposeful interruption(s) of the user service (e.g. if the client shuts his/her own server down, Valicom Net Ltd is not responsible for the downtime);
Failure due to software that is not explicitly supported by Valicom Net Ltd. If a hardware crash provoked by the Customer consequently happens, Valicom Net Ltd is beyond the control and responsibility for the resulting downtime.
For more information, please refer to our Service Level Guarantees.
DATA BACKUP
Due to the specificity of the VPS service, providing Customers with fully independent and self-managed hosting environment, the DATA BACKUP of all Customer’s website contents and databases is solely Customer’s responsibility, as well.
A daily or weekly VPS backup option is available in the Managed Services package offered as an add-on administration service with each VPS plan.
SERVICE ACTIVATION AND CONTINUANCE TIMESCALES
SERVICE ACTIVATION
For newly signed up clients – the services are activated immediately after our Sales Department gets in touch with the Customer.
For existing customers – the services for existing Customers, including upgrade services and renewals, are activated immediately after our Sales Department receives the according service order.
CANCELLATIONS
In order to cancel a VPS account, the Customer must send a support ticket to Valicom Net Ltd’s Sales Department via email and provide any authentication credentials requested by Valicom Net Ltd. Any other form of cancellation request will not be accepted.
CUSTOMER RESPONSIBILITIES
ACCOUNT REGISTRATION AND MANAGEMENT
In consideration of their use of the Service, customers agree to:
Provide true, accurate, current and complete information about themselves. Maintain and promptly update their registration data to keep it true, accurate, current and complete. If the customer provides any information that is untrue, inaccurate, not current or incomplete, or Valicom Net Ltd has reasonable grounds (at its sole discretion) to suspect that such information is untrue, inaccurate, not current or incomplete, Valicom Net Ltd has the right to suspend or terminate the customer’s account and refuse any and all current or future use of the Service (or any portion thereof). If untrue details are used in order to avoid VAT the customer can be held responsible by the respective national tax collecting agency.
When introducing any changes to their contact details, customers are obliged to notify Valicom Net Ltd in the course of 10 business days after the changes become valid. The introduction of changes should be done via our email [email protected]. This requirement is also in force for Valicom Net Ltd, i.e. customers will be always aware of any contact information changes that the company places. This way, flawless communication between both sides is guaranteed.
Customers will receive a password and account designation upon completing of the registration process of the Service. Customers are responsible for keeping the confidentiality of their passwords and accounts, and are fully responsible for all activities that occur under that password or account. Customers agree to: a) immediately notify Valicom Net Ltd about any unauthorized use of their password or account or any other breach of security; b) ensure that they safely exit (log out from) their account at the end of each session. Valicom Net Ltd cannot and will not be liable for any loss or damage of account information arising from Customer’s failure to comply with this provision.
If a hosting account is registered with details different than those of the person who paid for the account, and in the case of any dispute, Valicom Net Ltd will take the side of the person who paid for the account and shall not provide access to any other person, since – a hosting account owner is and will be considered to be the credit card /PayPal /IBAN account holder.
If the hosting account owner deceased prior to the expiration of his/her account Valicom Net Ltd will require death certificate or any other legal document that can provide an official evidence for that fact. Those who supply that information will be held legally responsible if the information is false or incorrect. Once such documents are obtained, Valicom Net Ltd will be the sole arbiter in assessing whether the documents are authentic or not. A record of the obtained documents will be kept until the expiration of the hosting account.
SERVER USAGE
CPU Usage (or usage of the Central Processing Unit(s) of the web server the Customer’s account is hosted on) – the CPU usage is subject to some regulations. VPS hosting accounts can exploit proportional shares of the main server’s CPU cores. Valicom Net Ltd explicitly recommends that Customers be very judicious when using the CPU power for their accounts. We reserve the right to block (suspend) accounts that excessively use CPU. If such measures are taken, we will notify the Customer and give him/her an opportunity to upgrade to a different VPS package or a dedicated server hosting solution.
Guaranteed RAM – Each VPS hosting account has guaranteed RAM that it’s able to use. This RAM is available at all times to the VPS server.
Memory Latency – The memory latency of a VPS server cannot exceed 1000 cycles for a period of more than 10 seconds. We reserve the right to block (suspend) accounts that generate a memory latency of 1000 cycles or more for more than 10 seconds. If such measures are about to be taken, we will notify the Customer and give him/her an opportunity to upgrade to a dedicated server hosting solution.
IP Address Allocation – Each VPS hosting account comes with a Dedicated IP Address. The Customer agrees to add new IP addresses to his server only via Valicom Net Ltd’s upgrade table.
NO UNLAWFUL OR PROHIBITED USE
SERVER USAGE
Valicom Net Ltd expressly bans the use of any VPS server hardware or software for trying to illegally access another hosted machine or network. Customers may not attempt to gain unauthorized access to any of Valicom Net Ltd’s Services, other accounts, computer systems or networks connected to any of Valicom Net Ltd’s Services, through hacking, password mining or other means of close nature. Customers may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Valicom Net Ltd’s Services. For more detailed information regarding all prohibited uses of our server network, please closely review next chapter of these Terms and our AUP (Acceptable Use Policy). If you still have inquiries over the matter, feel free to contact any of our Customer Care representatives.
HOSTED CONTENT
Server content MUST comply with the parameters stated in this TOS and our Acceptable Use Policy. Web content requirements exclude the publication of illegal content or content considered inappropriate otherwise. If any of Valicom Net Ltd’s Services are used for the illegal purpose of SPAM or UCE, they will be instantly terminated. Customers are solely responsible for the content of their messages. Using Valicom Net Ltd’s Services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or other) is prohibited. In this light, Valicom Net Ltd expressly forbids any breach of Federal, State or Local regulation, including, but not limited to, the transmission of: copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. Valicom Net Ltd’s VPS servers CANNOT be used for the propagation, distribution, housing, processing, storing, or handling in any way of lewd, obscene, adult or pornographic material, or any other material which is considered impermissible by Valicom Net Ltd’s VPS Terms of Service (this document) and the Acceptable Use Policy (AUP).
CUSTOMER AGREEMENT
As a condition for Customer use of Valicom Net Ltd’s Services, you – the Customer, agree that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices, and our Acceptable Use Policy (AUP). Valicom Net Ltd’s VPS servers can be used explicitly and only for legal purposes, and each attempt for taking indecent advantage of the servers, inconsistent with the rules, will be immediately counteracted. Valicom Net Ltd reserves the right at any time to disclose any information, as Valicom Net Ltd deems necessary, to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove from the Services any information or materials, in whole or in part, in the sole discretion of Valicom Net Ltd.
E-COMMERCE CUSTOMER WEBSITES
When buying a VPS server for the purpose of creating an e-commerce online store or related e-commerce activities website, the Customer agrees to be fully responsible for the development, operation and maintenance of his/her web site/ online store and e-commerce activities within that website. The Customer is the only one in charge of approving, processing and filling client orders and taking care of client requests or complaints. The Customer is also the only one in charge of the payment or satisfaction of any and all taxes related to his/her web site and online store. The Customer bears the responsibility for ensuring the security and confidentiality of any clients’ data (including, without limitation, customer credit card numbers) that he/she may receive in connection with his/her web site or online store.
Each Customer is in charge of all products and services, as well as all contents and materials appearing online, including:
the accuracy and relevance of Customer Content, and content and material showcased in the Customer store or on its products;
certainty that the Customer Content and content and materials appearing in the Customer store or on its products do not violate or infringe upon the rights of any person;
certainty that the Customer Content and the content and materials appearing in the Customer store or on its products are not calumnitous or somehow illegal.
Each Customer guarantees to Valicom Net Ltd that he/she owns the right to use the Customer Content and its material, including all text, graphics, sound, music, video, programming, scripts and applets. Each Customer warrants to Valicom Net Ltd that the use, reproduction, propagation and transmission of the Customer Content and any information and materials contained inside do not, and will not:
infringe or abuse any copyright, patent, trademark, trade secret or any other proprietary right of a third party;
break any criminal law or manifest false advertising, unfair competition, vilification, privacy intrusion; violate a right of publicity or violate any other law or regulation.
Each Customer empowers Valicom Net Ltd to reproduce, copy, use and propagate all and any part of the Customer Content for ensuring and operating the Services. Valicom Net Ltd is granted the right to estimate, at its own discretion, the extent to which these operations may be carried out.
REFUSAL OF SERVICE
SERVICE DENIAL
Valicom Net Ltd will thoroughly scrutinize all received orders and decide, to its own discretion, which of them do not comply with the officially stated requirements for use of Valicom Net Ltd’s VPS servers. Valicom Net Ltd reserves the right to refuse Service to unlawful parties.
SERVICE DISCONTINUANCE
Valicom Net Ltd reserves the right to discontinue, at his own discretion, the Service provision to any subscriber that has violated the VPS Terms of Service and/or the VPS Acceptable Use Policy. In case that the Service provision has been discontinued by Valicom Net Ltd with no explicitly stated reason, the customer will be refunded the last payment for their VPS server.
MISCELLANEOUS
NOTICES
Notices, including notices concerning breach of this Agreement will be sent either to the e-mail address provided by the Customer at sign up, OR mailed by first class mail to the postal address that the Customer has on file with Valicom Net Ltd. In both cases, delivery shall be deemed to have been made five (5) days after the notice has been sent. Notices from the Customer to Valicom Net Ltd should be sent to the address provided on Valicom Net Ltd’s website.
COMPLAINTS PROCEDURE
Valicom Net Ltd guarantees highest level of Customer Care service round the clock. If you feel dissatisfied with any aspect of the Service, feel free to make use of our complaints procedure detailed below.
In order to file a complaint, please send us an email to [email protected] specifying the nature of the problem you are experiencing. Please, provide as many details about your particular case as possible. The more we know about the situation, the better, prompt and adequate our resolution will be.
Here are our steps of addressing every single complaint:
Valicom Net Ltd will confirm receipt of your complaint in writing, confirming that the complaint will be addressed without delay. Valicom Net Ltd reserves the right to refuse to investigate a complaint that is obviously frivolous, abusive or offensive.
A Valicom Net Ltd’s Customer Care representative will review your situation, look for an appropriate solution and inform you of the timeframe within which a response should be expected.
If Valicom Net Ltd’s Customer Care representative can’t resolve your complaint within the pre-announced period, your complaint will be escalated to a Customer Care manager.
If the Customer Care manager can’t resolve your complaint, as well, it will be forwarded to the Company Director, who will investigate the case to ensure that all necessary measures have been taken and will respond in writing within two working days, and reply with a solution within five working days.
TORTUROUS CONDUCT
Any way of indecent treatment towards a Valicom Net Ltd’s Customer Care employee will be considered as totally inappropriate and unacceptable. Each Customer is expected to communicate in an utterly polite and professional manner with Valicom Net Ltd’s employees regarding any request for help or consultation via e-mail, chat, phone or through our Ticket Desk Support System. Each Customer is expected to avoid any form of emotional outburst or inappropriate language, or any other attempt to be undermined the importance of good ethics in communication and human relations. Any act of close nature, or other type of offensive, abusive, disrespectful or condescending behavior – oral, written, or delivered by a second party – to members of Valicom Net Ltd’s Customer Care stuff will be interpreted as a breach of this TOS. Valicom Net Ltd reserves the right to assess at its sole discretion which behavior is to be considered as a violation of the hereby stated rule and agreement, and to undertake according actions.
CUSTOMER CARE SERVICE
Technical Support
Due to the specificity of the Service, Customers are fully in charge of the management and maintenance of their VPS. However, if they need assistance or want to leave this task to our highly-qualified administrators department, they can avail of our Managed Support service available on request.
Control Panel Migration procedures
The Customer needs to purchase a new VPS server with an installation of the Control Panel (cPanel or Plesk), which they want to migrate to.
Once all the data has been migrated to the new VPS server, the current VPS server subscription should be left to expire, and the client can use it during this period.
The migration procedure can be carried out by the Customer following the instructions provided by Valicom Net Ltd.
Upon customer’s request the procedure can be accomplished by Valicom Net Ltd. In the event of a problem during the migration procedure, Valicom Net Ltd will terminate the process.
In case that the migration is terminated by Valicom Net Ltd, the Customer can complete the process by themselves.
Pre-sale and general questions
CUSTOMER SERVICE CONTACT DETAILS
Customers can get in touch with our Customer Service via any of the contact options listed below:
- [email protected]
- Phone or Fax:
Cyprus: +357-70001100
+357-99621403
Fax: +357-22021671
Send us a Letter to:
16-18 Halkokondyli Street,
1st Floor, Office 104, P.O.Box 28659,
2081, Nicosia, Cyprus
GENERAL REGULATIONS
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of Cyprus.
ENFORCEMENT
Failure to enforce any of the provisions of this Agreement shall in no way be considered to be a waiver of these provisions, or to affect in any way the validity of this Agreement. If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
INDEMNIFICATION
The Customer agrees to indemnify Valicom Net Ltd, its management body and employees (each an “Indemnified Party”) against any losses, claims, damages, liabilities, penalties, court actions, proceedings or judgments (collectively, “Losses”) to which the Indemnified Party may become subject, and out of which Losses arise or relate to this Agreement or the Customer’s use of the Services. The Customer agrees to reimburse the Indemnified Party for all legal and other expenses, including any attorney fees paid by the Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which the Indemnified Party is a party.
LIMITATION ON Valicom Net Ltd’S LIABILITY
Force Majeure Circumstances – Valicom Net Ltd shall not be liable for any failure in the provision of the Services to the Customer resulting, directly or indirectly, from any (i) weather conditions and natural disasters, (ii) actions of any governmental or military authority, (iii) failure caused by telecommunications or Internet provider, or (iv)other force or occurrence beyond its control.
Damages & Losses – Valicom Net Ltd shall not be liable for (i) any indirect, incidental, special or consequential damages, OR for any loss of profits or loss of revenues resulting from the use of Valicom Net Ltd’s Services by the Customer or any third parties, or (ii) any loss of data resulting from delays, non-deliveries or service interruptions.
Service Provision – Valicom Net Ltd provides the Services on an “AS IS” basis, without any warranties, including but not limited to, implied warranties, merchantability, or fitness of the Services for any particular purpose. The Customer shall be solely responsible for the selection, use and suitability of the Services, and Valicom Net Ltd shall have no liability therefore.
ASSIGNMENT
Customers do not have the right to assign this Agreement without the explicit permission of Valicom Net Ltd. This Agreement shall be in force and effect to the total benefit of the Customer and Valicom Net Ltd and their successors and permitted assigns.
REVISIONS
Valicom Net Ltd reserves the right to revise this document at any time, without prior notice. Customers are encouraged therefore to periodically review these VPS Terms of Service and the Acceptable Use Policy.
Revision date: 08 May, 2018