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AUP/TOS/SLA
vpscolo.com VPSColo Acceptable User Policy/Terms Of Service/ Service-Level Agreement
This document describes the service that is offered, and what monetary transactions are required for those services. It describes the specific levels of service you will receive, and finally describes some actions that are prohibited. Setting aside the legalized and market-speak, we will uphold our end of this agreement to the best of our ability in an honest and straightforward fashion. We will support you with highly technical persons who also understand the social context that this service exists on. In return, we ask that you follow the terms spelled out in this agreement. The Company vpscolo.com, from this point forward referred to as "The Company" provides virtual and dedicated servers which are accessed via UDP and TCP/IP. Each user is responsible for the use of others on their virtual private server. The specific operating system, the amount of money charged per unit time, and the unit time itself are agreed upon during commencement of the service. The Company will not be held responsible for any damages you or your business
may suffer. The Company makes no warranties of any kind, expressed or implied,
for services rendered. The Company disclaims any warranty or merchantability
or fitness for a particular purpose. The Company assumes no liability for disruptions
or improper operation of its equipment or software for any reason, including,
but not limited to, vandalism, theft, phone service outages, Internet disruptions,
human error, extreme or severe weather conditions or any other causes in the
nature of "Acts of God" or force majeure. The Company will not be
responsible for consequential damages or punitive or exemplary damages under
any circumstances. In no case will the client be entitled to recover damages
from the Company. The Service You are given the right to terminate the service at any time at least 3 days before your billing is due. Refunds can only be taken in the first 30 days. For use of the service we require that an active payment method be used, such as re-occurring billing or PayPal subscriptions unless otherwise arranged. We can do invoicing if requested. Should you wish to make a cancel you need to email billing@vpscolo.com starting your request. Request cancellations will be processed immediatly upon reciept. In return for these payments, you account will have a 99.5% or better period of connectivity to the public Internet measured in one hour intervals over the period of three months. Further, you will receive technical support for any issues related to your server instance. Your requested entries in our DNS servers will have the same availability. Should we breach the SLA due to unplanned downtime then we will refund 10% of the monthly fee per 0.1% we are below the 99.5% upto a maximum of 50% of the monthly rental. All request for SLA credits must be made within five (5) days of the downtime via email to billing@vpscolo.com. Bandwidth levels to your server will always be sufficient to ensure low latency and high speed connections, and will be at a speed much greater than the average sustained throughput that you are allocated during the signup process. Technical support will be provided on a same day basis, usually within 30 minutes. You agree that your server instance may need to be rebooted on rare occasions and that generally you will be given 4 days notice prior to the reboot. You also agree that on very rare occasions you will be given less notice, but will be given notice nonetheless. THIS MEANS WE MAY REBOOT YOUR SERVER, BUT GENERALLY YOU WILL BE GIVEN 4 DAYS NOTICE. THIS HAPPENS RARELY. Backups All virtual servers will be backed up once every a week and not more frequently. Every week the previous backup will be destroyed and a new one made. These backups are stored on a secure file system, but are not encrypted. Although it is not our practice, the nature of co-locating a server with a third party implies that that third party has the ability to view and alter the contents of your server. We will never do this without your explicit instructions (This usually relates to data recovery). Due to the nature of companies all customers should keep their own backups in case we can not restore ours. The Company will not be held responsible for loss of data. We will provide data traffic totaling the amount agreed upon during your signup process. You will have the ability to halt traffic after reaching this level, or continue and pay a fee for each unit of bandwidth above and beyond the standard amount. The standard amount of bandwidth that you are allotted (Which is allotted in both upstream and downstream directions) is made specifically clear to you during signup, as is the unit that that bandwidth is measured in, as is the per unit cost of extra bandwidth. Client Behavior You agree not to do any of the following: - Send unsolicited commercial or bulk email to any party for any reason which may or may not result in a complaint. DO NOT SPAM - Access or attempt to access a computer or network resource that you are not authorized to access. DON'T CRACK/DEFACE - Distribute, or make available in any way to any party intellectual property that requires some method of authorization to sell or distribute, which you do not have. NO WAREZ - NO RIAA/MPAA IP VIOLATIONS - Store, transmit, create, or examine any pictures, realistic or not, of humans, anthropomorphic depictions of human-like creatures, or images suggesting humans that are under the age of 18 years in an either implied or actual pornographic picture. NO CHILD PORNOGRAPHY - Forge email headers or TCP/IP packet headers. NO SPOOFING - Distribute worms, trojans, or viruses, or commit or attempt to commit any denial of service attack against any computer, network, or individual. NO DoS, NO WORMS/VIRUSES/TROJANS - Violate export controls on any software or intellectual property. DON'T VIOLATE EXPORT CONTROLS - IRC Bouncers are allowed on certain networks. This must be asked for at ordering time. No IRC servers under any circumstances. RESTRICTIONS ON IRC - On the virtual servers you can not run any modern graphical game server (like halflife, quake[1,2,3], etc. You can run a text mud, but no hogs like the above, please. Also no CPU heavy process like Seti or Folding@Home NO VERY HIGH CPU USAGE PROGRAMS - On the virtual servers nothing such as Kazza or Edonkey may be used due to the high bandwidth requirements. There are shared servers so it does effect everyone. NO HIGH BANDWIDTH P2P PROGRAMS NO DDOS - If you are DoS’ed we reserve the right to suspend your account to limit the attack. If you are found to of caused the DDOS your account may be suspended or cancelled and you billed. Please Note: We reserve the right to terminate your account, and any future business relation with you, for any suitable reason at any time. We will also not issue refunds beyond the first 30 days unless extraneous circumstances exist. For full details of the refund policy please see http://www.vpscolo.com/30day.php. We also revise the right to update this document at any time so you should check back regularly. If you should have a solution that we consider to be unstable, in such that you have a combination of software and/or hardware that we believe is not going to you a stable service we reserve the right to invalidate the 30 day refund policy by giving you due warning. Should we consider a clients behavior to be rude or offensive to a staff member we reserve right to cancel accounts immediately and without refund. Any violation of this AUP will results in a clean up fee which can be from $250 per complaint. Also note that we understand that certain violations of the above terms can occur inadvertently, and even as a result of unauthorized access from some third party. We will do our best to weigh the merits of each individual case and act with common sense and an understanding of the technical and social implications of the situation. | |||||
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