Terms Of Service

 

By using any of the VPSDepot.com services, the customer agrees to abide by the following terms as well as all related policies and guidelines of VPSDepot.com. VPSDepot.com reserves the right to revise, amend, or change any portion of the terms, or any other policies, at any time, without any advance notice. Any changes will be effective upon posting the revisions to this website. The most current version of our terms will always be located on this page. Your continued use of VPSDepot.com services following the posting of any changes will constitute your acceptance of said changes. If you do not agree to the changes made to the terms, please immediately cancel use of the services. At the sole discretion of VPSDepot.com, a customer found to be in violation of the terms may have all services canceled without refund.

Account Creation

An account will be created only after payment has been received and the account has been screened for any fraudulent activity. All contact made from VPSDepot.com to the customer will be done through email. It is the customer's responsibility to provide VPSDepot.com with an up to date email address at all times. All invoices, renewal notices, etc. are sent exclusively to the email address associated with the customer's account. VPSDepot.com is not responsible for lapsed domain registration due to outdated contact information. This information can be verified within the customer's account manager, or by contacting our sales team via email. Providing VPSDepot.com with false contact information of any time may be grounds for account termination. In the event of high risk transactions, a government issued identification will be requested, as well as a scan of the credit card used for the purchase. If these requirements are not met, the order will be considered fraudulent and declined as such..

Transfers

VPSDepot.com will make every effort to assist with the transfer of a customer's website. Transfers are provided as a courtesy service and we can not guarantee the availability, possibility, or time required to transfer an account. Other hosting companies may be configured in a different manner than VPSDepot.com. In these cases it may be difficult, and sometimes impossible to transfer some or all of the account data to our servers. In this event VPSDepot.com will be unable to assist customers in transferring web hosting accounts to our servers. All accounts will be transferred 'as is.' We can not guarantee that a transferred account will function in the same manner as it did with your previous hosting due to the possibility of a different server configuration. A transferred account can not be split into several individual accounts, have a different main domain, etc. The ability to transfer an account is solely at the discretion of VPSDepot.com. Account transfers can only be requested for free within the first 30 days of an account being activated. Requests beyond the initial 30 days may incur an additional charge.

We Support

The following outlines the scope and limitations of support vpsdepot.com offers its clients. Since web hosting has such a large mixture of customer supplied software and third party products, it is important to us to specify what services fall under the responsibility of our company and what services fall under the responsibility of the customer and/or third party vendors.

Common Virtualization Services: We continuously monitor the hostnodes and ensure all services are functioning normally such as OpenVZ, Virtualizor, and SSH access. If you believe these services are not functioning correctly, we will manually check for you.

Server Management: As each client is provided with root access, the daily operation, configuration and management of the virtual server is entirely up to the client. While our support team is available to answer any specific questions you may have, it is expected you have performed some type of troubleshooting before submitting a support request. The more information you can provide our support team, the better we are able to assist you. However, we will not provide extensive troubleshooting for 3rd party software, services regarding RBL removal, email spam or perform custom script installations.

Hardware Maintenance: We continuously monitor and maintain our server hardware. In the event of a hardware failure, we will repair the issue as soon as we are able.

Backup of data: All clients are responsible for maintaining current backups of data. Due to the architecture of virtual servers, we do NOT have our own backups. These backups can be configured within each WHM/cPanel installation. It is the client's responsibility to schedule and maintain these backups. Full documentation on how to schedule and restore backups can be found in our knowledgebase and on the cpanel website.

Basic computer and Internet knowledge: It is expected that you have general knowledge of computing and directory structure. It is also expected that you have a basic understanding of Internet concepts such as DNS, email, and FTP.

Domain Names: If your domain name is not registered with us, you are responsible for using the supported services provided by your registrar for anything related to your domain name. This includes: DNS changes made at the domain name level, name server registration, and name server changes.

FTP Client Configuration: Because there are so many different FTP clients available, we are unable to provide extensive troubleshooting relating to the advanced configuration of your FTP software. We will do our best to help you make a connection to your account using known working configuration settings.

Scripts & Applications: You are fully responsible for the operation of any and all scripts and applications. We will not troubleshoot or provide any support relating to malfunctioning scripts or applications. You are responsible for maintaining the latest version of any and all scripts and applications. This is a policy we must strictly adhere to.

Fully Managed Support

Fully managed support means that our administrators will handle just about any issue or configuration request you may have with your server outside of custom software/script installations (ex: ffmpeg+mplayer+mencoder).

Some examples of things covered by our fully managed support may include but are not limited to:

a) Security audits
b) Diagnosis of Load problems or sluggishness
c) Network related issues
d) Failure of server to boot
e) Hardware failures
f) Package installations via package manager (yum,rpm)
g) DNS Configuration
h) Troubleshooting script configurations and/or website errors
i) Task automation (cron jobs)
j) Firewall setup & troubleshooting
k) E-mail configuration
l) Software upgrades & migrations. (php, mysql)
m) Custom apache configurations (mod_python, mod_ruby, mod_wsgi)*
n) Perl/PECL module/extension installations
o) Backup configurations
And much more....

If you have a specific question or require clarification on something which is not listed here please contact us via email or live chat.

Phone Support

Due to the complexity of most VPS concerns, we can only provide limited support services via phone. In the event the concern cannot be resolved via phone, the operator may ask you to submit a support ticket from within your client area detailing your concern. This process will help our level 2 technicians assist your issue more efficiently.

System and Network Security

VPSDepot.com customers are strictly prohibited from engaging in any or all of the following:

a. Tampering with any part of the VPSDepot.com system or accounts of other users.
b. Attempting to access additional services by circumventing security systems to avoid being charged for said services.
c. Using VPSDepot.com services in a manner that unfairly encumbers disk space, bandwidth, processors, or any other resource beyond what is provided by the services purchased.
d. Making any deliberate attempt to overload any services or disable a host.
e. Using VPSDepot.com services to attempt a network-based attack on local and/or remote networks, hosts, or any other systems or applications.
f. Using the services in any manner so as to interrupt the access or use of the internet by another party.

Content

All services that are provided by VPSDepot.com may be used for lawful purposes only. The laws of the state of Illinois as well as the United States of America apply.

The use of VPSDepot.com services to infringe upon any copyrighted or trademarked material is strictly prohibited. This includes, but is not limited to, the unauthorized use of music, videos, books, photographs, or any other copyrighted work. If an account is found to be in use of any such material, the account will be immediately terminated or suspended pending removal of said material. Any account that has repeatedly violated this provision will be suspended and/or terminated from our hosting. If you feel that your copyrighted or trademarked material is being infringed upon please email us at abuse@vpsdepot.com.

Examples of unacceptable material on VPSDepot.com services include, but are not limited to:

a. IRC Servers
b. Gambling Sites
c. Pirated Software/Warez
d. Brute force Scripts
e. Email Spam Scripts
f. Websites that distribute or link to pirated content
g. Fraudulent Sites
h. Broadcast or Streaming of Live Sporting Events

If any account is found to be hosting any such material it will be immediately suspended and/or terminated without prior notification. VPSDepot.com systems may be monitored for all lawful purposes. During this monitoring, information may be copied, recorded, and used for authorized purposes. VPSDepot.com reserves the right to refuse service to anyone. Any material that, at the absolute and sole discretion of VPSDepot.com, is found to be illegal, threatening, or violates our terms of service in any manner may be removed or disabled, with or without notice.

In the event that an abuse claim is filed, VPSDepot.com will attempt to contact the customer by using the email address associated with the account. Failure to respond to an email within 24 hours may result in the suspension or termination of services. Any and all abuse issues must be handled through email as all correspondence must be on written record.

Sites hosted on VPSDepot.com's service(s) are regulated only by U.S. law. Given this fact, and pursuant to Section 230(c) of the Communications Decency Act, we do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. VPSDepot.com is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a US Court has placed an injunction against specified content or material, we will comply and remove or disable access to the material in question.

The language of Section 230(c) of the Communications Decency Act fundamentally states that Internet services providers like VPSDepot.com and many of VPSDepot.com's other web hosting services and brands are re-publishers and not the publishers of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, VPSDepot.com should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under VPSDepot.com's web hosting service(s).

VPSDepot.com will suspend and/or terminate any account without notice that is found to be hosting child pornography or linking to child pornography. In the event that the offending account is on a reseller package, the individual account will be suspended and the reseller will be notified. We will monitor the account activity further, and any further infraction of this type may result in the immediate termination of the reseller account. Violators will be reported to the appropriate law enforcement agency.

It is solely the customer's responsibility to ensure that any and all scripts/programs/etc installed are secure and the permissions are set properly, regardless of installation method. When possible, ensure that all permissions are set to the most restrictive as allowed by the specific file or folder type. It is ultimately the customer's responsibility for all actions taken under one's account.

Email and Spam Policy

VPSDepot.com takes a zero tolerance stance in regards to the sending of unsolicited email, bulk emailing, and spam. Any account found to be sending spam will be terminated with or without notice. This includes, but is not limited to, the following:

a. Sending commercial emails to recipients who have requested for the discontinuation of communication
b. Knowingly sending email that contains viruses or any other malicious computer code, files, or programs designed to destroy or alter the functionality of computer hardware or software.
c. Spamming of any kind.
d. Using the SMTP server provided by VPSDepot.com for any purpose that is deemed by VPSDepot.com as resource abuse.

Billing and Payment Information

When ordering services from VPSDepot.com, the customer agrees to pay for the services received in advance for the time period during which such services are provided. The customer agrees that until he or she notifies VPSDepot.com of his or her desire to cancel any or all services, those services will be billed on a recurring basis.

All VPSDepot.com customers are responsible for ensuring that payment information is up to date, and that all invoices are paid on time. All customers agree that until he or she notifies VPSDepot.com of his or her desire to cancel any or all services, those services will be billed on a recurring basis. VPSDepot.com reserves the right to bill a credit card that is stored on file. VPSDepot.com offers a 5 day grace period in which to pay outstanding invoices. If an invoice is not paid within this grace period the account will be suspended. Access to an account and all files associated with it will not be restored until payment has been received. In the event that an overdue invoice is not paid within 30 days of the due date, the account will be terminated and all associated files will be deleted, meaning all hosting account information, website files, emails, databases, etc will be lost. These files can not be recovered and no backup will be kept on file.

Due to the worldwide shortage of available IP addresses, each VPSDepot.com account has a limit of total IP addresses that can be purchased. Beginner, Professional, and Premium plans can have a total of three (3) IP addresses per account. Reseller plans can have a total of eight (8) IP addresses per account. In the event that extra IP addresses are purchased VPSDepot.com may ask for valid reasoning for the use of the IP address. This is in conjunction with the policies of the American Registry for Internet Numbers (ARIN). VPSDepot.com reserves the right to deny an IP address request based on insufficient justification or current IP address utilization.

It is the customer's responsibility to inform VPSDepot.com if he or she does not wish for a domain to be renewed. A renewal notice will be sent to the customer 30 days before renewal of a domain name. Once a domain name is registered or renewed, no refunds will be offered. All domain name registrations and renewals are final.

Cancellation and Refund Policy

Cancellations are only accepted through the client's billing account area. This can be accessed by clicking here. Once logged in, a client can cancel by selecting "My Services" from the Services drop down menu. From there click on "View Details" for the package and select to request cancellation from the "Management Actions" drop down menu. We only accept cancellations through the billing system to (a) confirm the customer's identity, (b) confirm in writing that the customer is prepared for all files and emails to be deleted, and (c) document the cancellation request. When a cancellation request is received and information is verified, VPSDepot.com will notify the customer via email that the account has been cancelled. Cancellation forms sent to VPSDepot.com will have a ticket ID associated with them for future reference. If an automatic email response with ticket ID is not received within a few minutes of a cancellation form being submitted, please contact the billing department to confirm that the form has been received.

All VPSDepot.com accounts include a thirty (30) day money back guarantee, based on the creation date of the account. Refunds will only be provided when a customer submits a cancellation form within 30 days of account creation. Refunds are provided for hosting services only and no additional services will be refunded. Additional services include, but are not limited to, WHM/cPanel license, Softaculous, IP addresses, site builders, etc. The total cost of the WHM/cPanel license + Softaculous is $24.95. In the event the account is cancelled within the 30 day money back period, $24.95 will be deducted from the refund given. Refunds are only applicable to new accounts and will not be provided for renewals of any kind. In the event that a domain name was registered with VPSDepot.com at the time of sign up, $14.95 will be deducted from the refund for that domain registration. This domain name is owned by the customer and can be transferred to another registrar, so long as it coincides with ICANN regulation.

Reseller Client Responsibility

VPSDepot.com reseller customers are responsible for providing support to their individual clients. VPSDepot.com does not provide any support to the clients of resellers. If a reseller's customer contacts VPSDepot.com regarding the inability to contact a reseller, VPSDepot.com reserves the right to temporarily suspend the account until the reseller can assume responsibility for that client. Resellers are responsible for all content stored or transmitted under their reseller account. The reseller is responsible for any and all actions of his or her clients that violate the terms of service.

Price Changes

VPSDepot.com will never raise the price of renewals higher than the price that was originally paid. In the event that a promotional coupon was used during the time of sign up, that coupon will not be applied to a renewal and the customer will be billed the original advertised price at the date of sign up. VPSDepot.com reserves the right to change prices listed on the website at any time. This does not effect any renewal invoices for accounts that were purchased before the price change on the website.

Promotional Coupons

Discounts and promotional codes are reserved for first time customers only and may not be used toward the purchase of renewals or any addon services, unless specified otherwise. Any account to be found in violation of this policy will be reviewed and the appropriate invoices and charges will be added to the account. Discounts and promotional codes are only applied toward initial purchases, and do not affect renewal prices.

Disclaimer

All services provided by VPSDepot.com are provided to the customer "as is" with no warranty or condition of any kind, either expressed or implied. VPSDepot.com makes no representations or warranties that the services will (a) meet your requirements, or (b) the services will be uninterrupted, timely, secure, or error free. VPSDepot.com will not be held liable for any damages or losses a customer's business may suffer. VPSDepot.com is not responsible for any reimbursement for losses of income due to disruption of services.

Indemnification

VPSDepot.com customers agree to protect, defend, hold harmless, and indemnify VPSDepot.com, any third party entity related to VPSDepot.com (including, without limitation, third party vendors), and VPSDepot.com executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and affiliates, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of VPSDepot.com services.

 

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