Important Legal Agreements

formation we gather on visitors and what we do with information that we gather. This Privacy Policy governs the manner in which we collect, use, maintain and disclose information collected from users of this Web site (each, a “User”).

The Service

WINDOWSVPS.HOST’s services include but are not limited to the following: Domain hosting, POP and web-based e-mail, and file upload (FTP). WINDOWSVPS.HOST does not place banners on customer’s web sites although customers may choose to do so in accordance with all regulations set out by WINDOWSVPS.HOST, the province, and the country. WINDOWSVPS.HOST will not charge additional fees for the aforementioned services unless customer chooses to use optional services that are subject to a fee. Customer is, however, entirely responsible for:

Presenting available payment upon due date for any of WINDOWSVPS.HOST’s paid services; if account(s) has outstanding balance, WINDOWSVPS.HOST reserves the right to suspend all services associated to member and/or member credit card number until amount is paid in full* Providing all necessary equipment and software to establish a connection to the World Wide Web and use the services offered by WINDOWSVPS.HOST, including but not limited to a computer and modem. Providing own access to the World Wide Web and pay for all fees associated with such access.

Customer Information

To be able to use the Service, customer must complete a proper registration process. Customer agrees to:

Provide current, complete, and accurate personal information (referred to as the Registration Data) as requested by the Service.

Maintain and update this information to keep it current, complete, and accurate.

WINDOWSVPS.HOST does not sell or disclose any Registration Data to a third-party unless:

Customer voluntarily discloses such information to another party.

Customer expressly directs WINDOWSVPS.HOST to release such information.

WINDOWSVPS.HOST is required to disclose such information by any applicable law or legal process served on WINDOWSVPS.HOST. Information is publically available (Such as WHOIS DATA)

Advertisements

Customer may choose to display advertising banners on own web site, provided that the advertisements are not of illegal, or discriminatory nature. Customer may also enter correspondence with or participate in promotions of the advertisers whose banners are displayed on own or other customer’s web sites. Any such correspondence or participation, including the payment and delivery of products and services and any other terms, conditions, warranties, or representations associated with such correspondence or participation, are solely between the corresponding customer and the advertiser. WINDOWSVPS.HOST assumes no liability, obligation, or responsibility for any part of any such correspondence or participation.

Limitations

The Service is subject to the following limitations:

Customer agrees not to engage in any activity that could overwhelm the server with heavy CPU usage or that requires a disproportionate or unreasonable amount of the resources of the WINDOWSVPS.HOST servers.

Customer shall not include content or Internet links to content on the site that may contain, promote, or involve the following:

Any infringement of copyright, trademark, patent, trade secret or other intellectual property right.

Illegal software / Warez file hosting.

Adult Contents are not allowed at all.

Racist, threatening, or otherwise abusive content.

Content promoted through the sending of unsolicited e-mail (also known as spamming).

Sending of unsolicited e-mail (SPAM) from WINDOWSVPS.HOSTs servers, or any other server that refers to content on the WINDOWSVPS.HOST server, or sending such e-mail with a WINDOWSVPS.HOST hosted web site listed as the contact address;

Mail fraud, multilevel marketing (pyramid) schemes or other fraudulent activities.

The promotion or incitement of, or instruction for, the commission of illegal activities.

Information or other material that contains a virus, corrupted data or other harmful or damaging component.

Illegal Internet gaming sites / file sharing servers.

Copyrighted media, without authority to distribute or display Unlicensed applications.

Cracking programs or key generators.

Child pornography or kidnapping material.

Fraudulent activity, phishing, pyramid schemes, chain letters, forgery, or impersonation.

Terrorist propaganda, racist material, or bomb/weapon instructions.

Virus, Spyware, Malware, or other infectious material.

Material protected by trade secret or other statute.

Additionally, WINDOWSVPS.HOST prohibits:

IRC and associated programs (including psybnc, “bots”, etc…)

Scripts commonly used for abuse, attacks, or flooding.

Threatening, harassing, or obscene content.

Any proxies which do not require authentication (including open mail proxies, unprotected anonymous web surfing proxies, etc…)

Online Activity:

Any attempts to undermine or cause harm to the WINDOWSVPS.HOST equipment, network, operations, or clientele is STRICTLY prohibited. WINDOWSVPS.HOST will fully pursue legal action for all abuse/violation of such. Any activity deemed damaging or abusive, whether unlawful or considered to be detrimental to the operations of WINDOWSVPS.HOST, is prohibited. This includes, but is not limited to:

Denial of Service Attacks (DOS/DDOS)

Port Scans

Mail Bombing

Unsolicited Advertising via IM, Forums, Newsgroups, Email, etc..

Policy Violations:

WINDOWSVPS.HOST may, at any time, audit systems for any data/activity showing potential policy violations.

Warnings: The WINDOWSVPS.HOST Abuse tries to contact the client, via email, when the first sign of a possible violation is noted. These alerts are a courtesy. Responses to such alerts are required. If an alert is received from any WINDOWSVPS.HOST staff member, the client is responsible for acknowledging his/her understanding and citing any action planned or taken, within 24 hours of the notice. Failure to do so may lead to suspension. Repeated failure to do so may result in termination, or suspension. If a service is suspended due to outstanding abuse issues, the client will be required to pay a reactivation fee of $50.00 when applicable, to cover any administrative costs associated with the offense/violation, as determined by WINDOWSVPS.HOST as well as remedy the violation.

Note: It is extremely important to ensure that the email address on record with the WINDOWSVPS.HOST Customer Service Dept is valid. This is the address used for abuse notifications and warnings.

Suspension/Deactivation:

If any terms or conditions are failed to be followed, the client risks service suspension or termination. WINDOWSVPS.HOST reserves the right to remove any account, without prior notice. If WINDOWSVPS.HOST deactivates an account for violating policy, the client will forfeit any rights to a refund. No refunds for advance payments will be granted for deactivated accounts.

Reactivation

If a service is suspended, the client will be required to pay a reactivation fee of $50.00, and when applicable, to cover any administrative costs associated with the offense/violation, as determined by WINDOWSVPS.HOST as well as remedy the violation.

Customer Account Security

A password and an account are provided to Member upon completion of registration. Customer is entirely responsible for maintaining confidentiality of the password and account.

All consequences of voluntary disclosure of password and account information. All activities that occur under customer’s account. Customer agrees to notify WINDOWSVPS.HOST immediately of any unauthorized use of customer’s account or any other breach of security known to customer and WINDOWSVPS.HOST will act accordingly.

Payments

(a) Recurring Fees

Renewal notices are emailed 7 days before the actual renew date in your account. If you have a credit card on file your card will automatically be charged on your renewal is due. If your billing method is PayPal, you will need to manually pay your invoice every month. All payments submitted for services are non-refundable outside of our 48 hours refund policy. Service will be made inactive on accounts that are not paid by the 3rd day past due. The term "Account" describes all services provided to a customer as defined by the primary ownership email and physical address. WindowsVPS.Host reserves the right to revoke this grace period if a pattern of late payment is observed. All orders made with a credit card are expected to work on the monthly renewal date each month. Any accounts made inactive for non-payment are subject to a $10.00 late payment fee.

(b) Payment Terms

For your convenience WindowsVPS.Host offers multiple payment terms. All payments to WindowsVPS.Host are non-refundable after the first 2 days of service. Within the first 2 days of a Quarterly, Semi-Annual, or Yearly paid service you may request that it be converted to a Monthly subscription and the remaining balance will be refunded to your account credit balance. If after the first 2 days of service, you request the package to be converted to a different billing cycle any additional monies will be applied to your account in the form of credits and will not be refunded. Prior to paying a renewal invoice and before your renewal date you may have your payment terms changed at no additional charge. If you wish to cancel a Quarterly, Semi-Annual, or Yearly package prior to its renewal date, your package will be pro-rated to the nearest Monthly billing cycle and any remaining funds will be credited to your account. Any cancellation as the result of a violation of our TOS or AUP will be non-refundable.

(c) Credit/Debit card and your Address on File

When an order is placed with a credit/debit card, your card is stored on file and will automatically be charged every month two days before your due date. For security purposes your address on file with us must match the address of your credit/debit card. If this address does not match, our payment gateway will not accept the transaction. If you have a credit card on file and the transaction is declined due to the address this transaction might show up as a pending charge but will not be processed through. If you have a debit card on file and the transaction is declined due to the address your bank will pull the money out of your account, but this money will be refunded back to your account by your bank. It is recommended to always store a credit card on file instead of a debit card.

Cancellation

To cancel your service, you must login to your client area, and cancel your hosting under Products and services or Hosting Accounts where applicable. That request is considered final however reversal can be requested by emailing WINDOWSVPS.HOST. Reversal is not guaranteed. We reserve the right to cancel any account at any time. Accounts in violation of the TOS will be suspended and all data removed without warning. We take the security of our customers very seriously. Customers may cancel at any time.

Refunds and Chargebacks

We give you an unconditional 48-hour money back guarantee on vps hosting from the time of purchase. We will not refund past the 48 hours period; however, you can cancel at any time. There are no refunds on dedicated server. Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

All refunds will be processed within 5 days of the request. Dedicated servers are not eligible for a refund. Cancellation must be submitted VIA the secure client area.

We do not give refunds to orders where a discount code / voucher has been applied.

Refunds cannot be made for the servers (VPS, VDS, Cloud) that are sold as campaign or discounted.

All refunds are subject to 10% administration fee.

Customers seeking to resolve billing errors are asked to open a billing ticket at the client panel. The Customer agrees not to chargeback any credit card payments for services rendered. A chargeback of payment for services rendered will result in an account fee of $50 and will be subject to collection by an authorized collection agency.

Dedicated/VPS Resource Policy

Bandwidth

Overage fees will apply to any service utilizing more than it’s assigned bandwidth allocation, except for those services advertised/sold as “UNMETERED”. Overages will be calculated based on overall number of GigaBytes (GB) transferred in a monthly period, unless a service is sold based on Megabits per Second (MBPS). Services sold by MBPS, will be calculated via the industry standard 95% method, unless specified in contract otherwise. MRTG or other bandwidth reporting is available upon request for all services. Client is responsible for all usage, and any corresponding overages fees, that result from a service that may be hacked and/or flooding. WINDOWSVPS.HOST may require a deposit should a client utilize/require large amounts of bandwidth beyond their standard bandwidth allocation.

Port Usage:

Basic Dedicated & Co-Located servers are installed on 100MBPS unthrottled ports, unless service is sold as a specified port size (ie…100MBPS UNMETERED) or specified/requested as a capped port. WINDOWSVPS.HOST reserves the right to monitor network usage, and if a service significantly exceeds average usage, to throttle the available speed to conserve network resources and to prevent any large billing anomalies. This will generally not include short spikes in usage, but will include, but not be limited to, sustained transfers of significantly larger than average amounts of bandwidth. If at any time any client’s data transfer rate affects other WINDOWSVPS.HOST clientele, WINDOWSVPS.HOST reserves the right to throttle and/or disconnect the service causing such a problem.

Filtering:

WINDOWSVPS.HOST reserves the right to block/filter or throttle ports and/or ip address ranges, at its discretion. This may include, for example, blocking Port 6667 (IRC), denying access from a known-spamming IP address range, or limiting the speed of point-to-point file-sharing programs (Kazaa, Limewire, Donkey, etc…). This may also include giving priority to certain traffic types, such as Voice-over-IP (VOIP) phone call transmissions.

Unmetered :

Services advertised/sold as “UNMETERED” will not be subject to bandwidth overage fees. Bandwidth is supplied from a shared pool, and is not supplied as guaranteed/dedicated bandwidth. Burstable usage of the UNMETERED service/port is permitted, however, a service that has heavy sustained usage may have their port capped or be asked to upgrade to a dedicated service plan. UNMETERED service is supplied on a “best-effort” basis—which may result in some slowdowns during peak traffic times.

Backups and Data Loss

Your use of this service is at your sole risk. This service is provided to you as a courtesy. WindowsVPS.Host is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on WindowsVPS.Host servers.

Modifications

WINDOWSVPS.HOST reserves all rights to modify or discontinue the service with or without notice to customer. WINDOWSVPS.HOST shall not be liable to customer or any third party should WINDOWSVPS.HOST exercise its right to modify or discontinue the service.

No Representations or Warranties

The service offered by WINDOWSVPS.HOST is on an “as is” basis, with no representations or warranties of any kind, expressed or implied. For greater certainty and without limitation to the generality of the following:

WINDOWSVPS.HOST makes no representations, warranties, or guarantees of any kind, whether written or verbal, regarding the reliability of the site provided or any other services offered.

WINDOWSVPS.HOST is not responsible for deleted, altered, or lost data due to network or system outages, file corruption, accidental deletion, or any other reasons.

WINDOWSVPS.HOST makes no representations, warranties, or guarantees with regards to server reliability, speed, or consistency.

WINDOWSVPS.HOST makes no representations, warranties, or guarantees as to the accuracy or correctness of any content on any of the Sites and is not responsible for any errors or omissions arising from the use of such information. WINDOWSVPS.HOST may also include, on its web resources or in newsletters, information provided by 3rd party partners and providers. WINDOWSVPS.HOST does not guarantee or warrant the reliability of this information nor does WINDOWSVPS.HOST recommend any of these services.

Limitations of Liability

YOU AGREE THAT NEITHER THE PRIMARY SERVICE PROVIDER NOR BACKEND SERVICE PROVIDER WILL BE LIABLE FOR ANY (A) SUSPENSION OR LOSS OF THE SERVICES, EXCEPT TO THE LIMITED EXTENT THAT A REMEDY IS PROVIDED UNDER THIS AGREEMENT; (B) INTERRUPTION OF BUSINESS; (C) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEB SITE(S) PROVIDED THROUGH OR BY THE SERVICES; (D) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD; (E) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (F) EVENTS BEYOND THE CONTROL OF THE PRIMARY SERVICE PROVIDER OR BACKEND SERVICE PROVIDER; (G) THE PROCESSING OF YOUR APPLICATION FOR THE SERVICES; OR (H) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD. YOU FURTHER AGREE THAT NEITHER THE PRIMARY SERVICE PROVIDER NOR BACKEND SERVICE PROVIDER WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER OR NOT EITHER THE PRIMARY SERVICE PROVIDER OR BACKEND SERVICE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF EITHER THE PRIMARY SERVICE PROVIDER OR THE BACKEND SERVICE PROVIDER EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES FOR A ONE-MONTH PERIOD, BUT IN NO EVENT GREATER THAN ONE HUNDRED DOLLARS ($100.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, THE LIABILITY OF THE PRIMARY SERVICE PROVIDER AND/OR BACKEND SERVICE PROVIDER SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnity

YOU AGREE TO RELEASE, INDEMNIFY, AND HOLD THE PRIMARY SERVICE PROVIDER AND BACKEND SERVICE PROVIDER, THEIR CONTRACTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS AND AFFILIATES HARMLESS FROM ALL LIABILITIES, CLAIMS AND EXPENSES, INCLUDING ATTORNEY’S FEES AND COURT COSTS, FOR THIRD PARTY CLAIMS RELATING TO YOUR USE OF THE SERVICES OR ARISING UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, INFRINGEMENT BY YOU OR SOMEONE ELSE USING YOUR COMPUTER, OF ANY INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHT OF ANY PERSON OR ENTITY, OR FROM THE VIOLATION OF ANY TERM OR CONDITION OF THIS AGREEMENT. WHEN EITHER THE PRIMARY SERVICE PROVIDER AND/OR BACKEND SERVICE PROVIDER MAY BE INVOLVED IN A SUIT INVOLVING A THIRD PARTY AND WHICH IS RELATED TO THE SERVICES UNDER THIS AGREEMENT, EITHER THE PRIMARY SERVICE PROVIDER AND/OR BACKEND SERVICE PROVIDER MAY SEEK WRITTEN ASSURANCES FROM YOU IN WHICH YOU PROMISE TO INDEMNIFY AND HOLD SUCH PARTIES HARMLESS FROM THE COSTS AND LIABILITIES DESCRIBED IN THIS PARAGRAPH. SUCH WRITTEN ASSURANCES MAY INCLUDE THE POSTING OF PERFORMANCE BONDS OR OTHER GUARANTEES. YOUR FAILURE TO PROVIDE SUCH ASSURANCES MAY BE CONSIDERED A BREACH OF THIS AGREEMENT BY YOU.

Termination

Customer agrees that WINDOWSVPS.HOST may terminate this agreement, discontinue the service, and delete the site at any time with or without notice to customer in any of the following circumstances:

Customer violates any term of this agreement, any municipal, provincial, or federal laws, or any policy set out, from time to time, by WINDOWSVPS.HOST anywhere on this site https://WINDOWSVPS.HOST

Customer engages in conduct or posts material on the site that WINDOWSVPS.HOST believes is harmful to other customers, the business of WINDOWSVPS.HOST or any third-party.

Customer engages in any activity that could overwhelm the server with heavy CPU usage or that requires a disproportionate amount of the resources of the WINDOWSVPS.HOST servers.

Customer disputes the terms of this agreement, or any amendment set out by WINDOWSVPS.HOST;

WINDOWSVPS.HOST receives complaints regarding customer or the site, from other customers or third parties.

Customer provides personal information that is not current, accurate, and complete.

Should we cancel your account for a reason not stated above; a refund will be issued at our discretion.

Abusive Clientele

WINDOWSVPS.HOST may at its discretion suspend or terminate service of any client that is abusive/harassing to WINDOWSVPS.HOST and/or WINDOWSVPS.HOST employees. Examples of such activity include but are not limited to;

Verbal abuse – cursing, yelling, threatening, etc…

Ongoing disregard for warnings or notices.

Consistent mistakes/errors/changes causing unnecessary workload.

Spamming WINDOWSVPS.HOST email addresses, ticket systems, or servers.

Continuous involvement in flood/DDOS activity, hacked services, or other ongoing non-permitted usage.

Consistent late payments or responses.

Issuing a chargeback/Dispute or bouncing a payment.

Continuous activation of problematic end-users.

Activity which affects the service(s) of other WINDOWSVPS.HOST clientele.

Price Changes

WINDOWSVPS.HOST reserves the right to change/modify the recurring price for services at anytime under circumstances such as making improvements to WINDOWSVPS.HOST that will benefit WINDOWSVPS.HOST, and Clientele.

Script installation services

Payment must be made within 10 days of the service completion, if you have not made the payment by this time, you account will be suspended until we either receive the payment, or after two weeks of inactivity, the account will be terminated without notice. Script installations are final, once you decide that everything is running fine, you are fully responsible for any possible errors that may occur in the future, we do not guarantee that we can install every script out there, but we will make our best efforts.

Website transfer

We reserve the right to decline a web transfer at our discretion. We make no guarantee that we can transfer your site, we cannot be held responsible for data loss in the transfer. It is up to the client to make the necessary backups and preparations for the transfer. At this time we only transfer cPanel accounts.

Changes to the TOS

We reserve the right to revise its policies at any time without notice although we will attempt to inform our customers should changes occur. By agreeing with the TOS, you agree to have read, understood, and agreed with the other legal documents listed on our website.