Terms of Service

Important Legal Agreements

Terms of usage – VPS Server

This policy represents the Terms of Service in its entirety and will be applicable to all your transactions as a ‘Customer’ with ‘VPS Server’ as a whole. This policy supersedes any oral promises made by VPS Server or its staff. If you as a customer have reached an agreement with any of VPS Server’s official representatives, please make sure they are provided in writing; else they will not be considered valid.

Please read these terms of service in entirety and carefully before you sign up for any of our service(s). By signing up for any of our service(s) you expressly imply that you are bound by the terms listed herein.

General Definitions:
‘We’, ‘Us’, ‘Provider’, ‘Company’ or ‘VPS Server’ represent Amaze Internet Services private Limited. ‘You’, ‘Your’, ‘Client’, ‘Customer’ and ‘Member’ represent a person or entity who buys services from us.

Banned Activities:
The following activities are banned for use on all our servers and may not be run by any customer(s) unless there is a written permission from us to do so. These activities are banned since they are either illegal / harmful / malicious / increase server loads.

Any kind of IRC Bots
Mining tools
Proxy Servers / Websites
DDoS / DoS / Brute Force tools
Any kind of E-mail spamming tools like AMS or TurboMaiiler
Hosting of Game Servers
Hacking / Cracking / Carding
Mail Bombers
Any type of sniffers
IP Spoofers
Port Scanners
Telnet or SSH Access Scripts
All versions of UBB (Ultimate Bulletin Boards)
Fake Login Pages
Streaming Services
Resource hogging softwares which takes CPU more than 25%

Spam Policy:
Customers may not use our services for spamming activities / sending unsolicited emails / requests. If found doing so, we have the right to terminate customer account without any prior notification and no refund would be issued. vps server may ask the customer to prove that the user being e-mailed has opted-in to the mailing list.

Resource Usage Policy:
Bandwidth Usage: All servers / accounts are provided with unmetered bandwidth limits as per the plans selected. Customers are requested to use these wisely. We reserve the right to review / amend / downgrade / upgrade / modify this allocation any time if we feel that this is affecting the server / network performance.

Memory Usage: We reserve the right to monitor the memory (RAM / Processor) performance of our servers at all the time. Ideal memory usage would be less than 1% of the server resources. We reserve the right to suspend services (temporarily or permanently) if we find that high memory consumption is affecting network performance.

Content Storage and Backup Policy:
All the contents stored on our server(s) by the customer(s) are at the sole risk of customer(s) and VPS Server does not have any liability towards keeping the backups of such content. It is the responsibility of the customer to take regular backups of the content stored on the server(s).

Account Set Up:
Remote Desktop Accounts: Remote Desktop accounts are usually created within 1-24 hours of confirmation of payment; you can confirm this with our sales team before / after placing an order since it may get delayed at times due to server availability. If we anticipate a delay of more than 24 hours in delivering your accounts, we will pro-actively intimate you about it.

Account Security:
It is the duty of the customer to create their account(s) with unique and random passwords. Any account(s) found with illegal or irregular activity will be suspended immediately to protect other customer(s) and any potential losses that may arise out of actions of that hacked account. Please note that this is only a preventive measure. We also urge you to maintain the secrecy of your password and not to share it with anybody else.

Indemnification:
You agree to indemnify, defend, and hold VPS Server and its affiliates, founders, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, dispute, or demand related to your use of the services, your violation of any of the provisions of this agreement, or from your placement or transmission of any materials or content onto - VPS SERVER - servers. Such liabilities may include, but are not limited to, those arising from the following:

a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy.

b) Any damage or destruction to VPS Server equipment or to any other account holder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees.

c) Any personal injury or property damage arising out of your activities related to the services, unless such injury or property damage is caused solely by VPS Server gross negligence or wilful misconduct.

d) Any other damage arising from your equipment or your business.

The terms of Privacy Registration Policy are incorporated into this agreement as though they were fully set forth at length herein. You agree to maintain your registration information in full compliance with this agreement and the terms of the Privacy Registration Policy. Failure to so comply is cause for immediate suspension of all VPS Server services.

During the course of providing services to a customer, VPS Server may assign a customer an Internet Protocol address. The customer agrees that he/she has no right to a particular IP address under this agreement, and accordingly, VPS Server shall retain ownership of any IP address or addresses used by the customer under this agreement, and that VPS Server reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.

Payments:

Fees: VPS Server charges the following fees where ever applicable. All such fees are subject to change with a 30 days notice. Not all fees are applicable to all accounts.

• Service Fee – This is the fee for your monthly services.

• Gateway Transaction Fees – We charge 6% fees on every invoice for payment processing as we accept a wide variety of payment methods.

Change of Plans:

VPS Server reserves the right to alter, change, amend, or delete fees at its sole discretion. VPS Server further reserves the right to institute new services and charge fees in association with the provision of such new services as it deems appropriate.

VPS Server reserves the right to offer promotional rates which may or may not be more favorable than the terms under which you entered this agreement. Any special rates shall not affect the existing rights and responsibilities of each party. VPS Server also reserves the right to change the rate charged for any such fee under this agreement with 30 days notice.

Cancellations: All cancellation requests must be sent 5 (five) days before the due date of the invoice. If you do not raise a cancellation request and are not paying the invoice as well, the due date is the server expiration date. The server will be wiped of all data due to customer privacy. Data on the server will be retained only if a cancellation request is received well in time.

Payment Disputes and Chargebacks:
Customer agrees to contact our billing department and attempt to resolve any billing issues before filing a dispute / payment chargeback. The decision of the bank / payment processor will be final and binding once a payment dispute / chargeback is filed. VPS Server will in no case overrule this decision.

VPS Server may at its sole discretion place the customer account on temporary suspension until the charge-back / payment dispute is resolved.

Limitation of Liability:
VPS Server cannot be held liable for any indirect, incidental, punitive, disruptive or other consequential damages including but not limited to loss in profits, damages related to corruption or deletion of files / website contents, e-mail data and database contents arising out of or in relation to this agreement or your use or inability to use VPS Server services due to any reason regardless of whether the customer is in contract or not even if we are informed / advised of any such possible damages in advance. In no event shall our maximum liability exceed the total amount paid by its customer for the services received during the prior 12 (twelve) months. Wherever the applicable local law does not allow the limitation of liability for consequential or incidental damages, we are liable to the extent permitted by law.

Service Suspension and Termination:
VPS Server may at its sole discretion place a customer account under temporary suspension if the customer is found to violate any of the terms of service written herein depending on the nature of the violation. If found that the customer is committing an offence by violating some of the terms, we may at our sole discretion terminate the account permanently without any pro-data refund and the account / server may also be wiped of all contents.

We urge our customers to abide by these terms and have a happy stay with VPS Server

Assignment of Rights:
Your rights under this agreement may be assigned to another party only upon prior notice and express approval by VPS Server Any other attempted transfer or assignment of rights hereunder shall be null and void.

VPS Server may assign its rights hereunder to any person or entity who shall become a principal owner, or shareholder of VPS Server partnership firm.

Amendments to Terms of Service:
VPS Server may, at its sole discretion, without any prior notice amend / modify this agreement from time to time as it may deem fit. Modified ToS will be placed on VPS Server website and those terms will come into force immediately for all existing and future customer(s). All previous terms would be superseded in such cases.

If the customer does not agree to any new terms – it is their responsibility to terminate the subscription. If the customer does not terminate their subscription within 1 (one) days of the modification, then the continued use of the service(s) will mean that the customer has no objections to the amended terms of service.

All dedicated server clients of VPS Server are subject to the following terms of service:

VPS Server provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available.

1. INDEMNIFICATION POLICY

You agree to use all VPS Server services and facilities at your own risk. VPS Server specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall VPS Server be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold VPS Server harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against VPS Server, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless VPS Server against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with VPS Server servers.

VPS Server reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from VPS Server servers. VPS Server shall be the sole judge of what violates this Policy.

2. BILLING:

Invoice Unpaid Reminder : 14 days before the invoice due date.
We block the account if not renewed after constant reminders.

Refund Policy

We don’t offer any type of refund on dedicated servers, so please get every thing cleared before making payments.

We offer unconditional 7 Days full Money-back Guarantee for Shared Web Hosting & VDS ( Virtual Dedicated Services ) which means you can test our services risk free for 7 days.

For all hared Web Hosting & VPS we need a valid reason before you ask for refund. we dont provide refund if user just ask for refund before 7 days.

We offer conditional 24 hours full Moneyback Guarantee for Rdp ( All Remote Desktop Plans ) .

For Rdp we need a valid reason before you ask for refund. we dont provide refund if user just ask for refund before 24 hours.

User need to provide a reason like, service is not working properly or your work, applications, not working properly

We will try to solve that issue or refund will be issued.

In case, we refuse to host your website or suspend/terminate your account permanently, we will provide you a full backup and partial refund (for remaining days).

All payments will become non-refundable after 7 days account activation period.

This includes any one time setup fee and subsequent charges regardless of usage.

All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. You can NOT open any dispute to paypal, your card issuer or any other third party. If you do so, your account will be terminated immediately.

Your Refund request will be cancelled and No refund will be provided.

7 days money back guarantee is NOT applicable for dedicated server, Domain Registrations & any product like license, upgrade, additional IP, KVM etc. and they are NOT refundable.

Payments for Upgrades, Addons, Setup fees and Domain Registrations are NOT refundable.

We reserves our right to deny a refund request or provide a partial refund.

Only One Refund is applicable per client. Once a client has been refunded for one of his services, he can NOT claim for refund on another services.

Any Credit balance in Client’s Area is NOT eligible for refund. It can only be used for purchasing new services or paying any existing/upcoming invoices at our website.

If we are NOT able to refund client’s payment via payment gateway due to any reason, refunds will be posted as credit to the client’s account.

If you downgrade any service, we don’t provide any creditback or refund. Only your billing will be updated so that you will be charged as per new price from next billing cycle.

Also, no refund will be made if the service is suspended or terminated for violation of the provisions of this Regulation.

The request for refund must be sent by e-mail to the following address: refund@vps-rdb.com and is valid only when you get a confirmation that the message was received.

4.6 Abuse

includes, but are not limited to:

Consistent overuse of shared resources to the detriment of other Subscribers
Operating an open proxy server or using the Service as part of a proxy network
IRC and associated programs
Scripts commonly used for abuse, attacks, or flooding
Threatening, harassing, or obscene content
Any proxies which do not require authentication (including open or unprotected anonymous web surfing/mail proxies etc.)

4.7 Insufficiently-Secure Administration

includes, but are not limited to:

Use of a null password, dictionary word as password, or any other form of authentication lacking reasonable secrecy from a third party as part of a root or user-level authentication scheme
Allowing an unauthorised third party to establish root access to Service provided by the Service Provider
Allowing an unauthorized third party to establish user-level access to Service provided by the Service Provider
Operating an open mail relay

4.8 Miscellaneous:

Operating an Internet Relay Chat (IRC) server
Denial of Service Attacks (DOS/DDOS)
Unnecessary Port Scans
Mail Bombing
Excessive CPU Load
Abusing Server Resources
The client make sure :
NOT to Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, https, etc.
NOT Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
NOT Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
NOT Run any software that interfaces with an IRC (Internet Relay Chat) network.
NOT Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
NOT Participate in any file-sharing/peer-to-peer activities
NOT Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
NOT Run cron entries with intervals of less than 15 minutes.
NOT Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“https://yourdomain.com/include.php”) use include(“include.php”)
To help reduce usage, do not force html to handle server-side code (like php and shtml).
Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.
Hosting and Distributing Copyrighted Film Music from any language is strictly prohibited on the our servers. We will have to suspend your site without notice if a complaint is received about your site distributing such content. We also do regular audits to keep a check on such content being hosted on our servers.
Websites Distributing Copyrighted Music, Games, Mobile Apps, General Applications or any third-party paid Softwares are also not allowed on our servers. We do regular audits to keep a check on such content being hosted on our servers. As part of our Anti-warez measures, we strictly do not allow such applications and content to be hosted on our servers.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

The following scripts and programs are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc.

IRC egg drops/Scripts/Bots
Game Servers in Rdp ( Any Plan )
Proxy Servers/Scripts/Anonymizers
Mail bombers
Anonymous mailers
IP and Port spoofers/Scanners
Hivemail/Mailer Pro
Telnet or SSH Access Scripts
nph-proxy (and other scripts which operates like proxy)
UBB (Ultimate Bulletin Board, all versions)
lstmrge.cgi
PHP/CGI Shells or Hacking Tools
FormMail.cgi, FormMail.pl from Matt’s Script Archive are not allowed.
Pirated Software/Warez
Image Hosting Scripts (e.g similar to Photobucket or Tinypic)
AutoSurf/PTC/PTS/PPC sites
Bruteforce Programs/Scripts/Applications
Mail Bombers/Spam Scripts
Banner-Ad services (commercial banner ad rotation)
File Dump/Mirror Scripts (similar to rapidshare)
Commercial Audio Streaming (more than one or two streams)
Escrow/Bank Debentures
High-Yield Interest Programs (HYIP) or Related Sites
Sale of any controlled substance without prior proof of appropriate permit(s)
Prime Banks Programs
Lottery/Gambling Sites
MUDs/RPGs/PBBGs
Hacker focused sites/archives/programs
Sites promoting illegal activities
Fraudulent/Phishing Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
Broadcast or Streaming of Live Sporting or Copyrighted Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
Child pornography
Anything that sends unsolicited/Junk/spam emails

4.10 Torrent Activities:

We NEVER allow any of our client to use public tracker for any kind of torrent activities including leeching, downloading or seeding etc. If some client use any public tracker, he does so on his own risk and he is solely responsible for it. We will immediately suspend such accounts if we get any kind of complaint regarding that torrent or IP or Account.

We provide Specialised hosting services and each service have some specific scripts that can be used with that service. e.g. RapidLeech Hosting : Only RapidLeech script is allowed. Any similar or any other type of script is STRICTLY NOT allowed. Similarly sBorg Hosting is bound to sBorg script, TFRL Hosting is bound to TorrentFlux B4rt and rapidleech script only. Seedbox Hosting is bound to ruTorrent/Transmission and Rapidleech.

4.12 DDoS or Attack Prevention:

Our Services DO NOT come with any kind of protection from DDoS or other net based attacks. You should harden your VPS/server security to get a basic protection against such attacks. Please note the following policies in case of an incoming/out going attacks via your VPS/Server.

INCOMING ATTACK on your VPS/Server :

1st Incident : Your IP will be null-routed for 24 hours or more and it can be reactivated if we think attack is stopped.

2nd Incident : If the attack comes again, we may null-route your IP for 72 hours or more and it can be reactivated if we think attack is stopped.

3rd and final incident : If the attack still continues, we will close your VPS/Server and provide you a way to backup your data. We may also decide to stop providing any new services to you or close your account permanently in case of frequent attacks on your services.

OUTGOING ATTACK from your VPS/Server :

We strictly DO NOT allow such activities on our network including but NOT limited to DDoS/other Attacks, port scanning, hacking/cracking activities etc. If we found your services are involved in such activities, it will be suspended immediately and it may be closed permanently depending upon severity of the attack/issue.

5. SERVICE SUSPENSION AND REACTIVATION

Any client abusing server resources or violating ToS/AUP will be suspended immediately and will be charged between $2 to $5 Service Re-activation Fees depending on type of abuse and previous number of suspensions for that client. All such accounts will be re-activated only after receiving of Service Reactivation charges. We reserve the right to deny any request for re-activation after/before payment of service reactivation charges to maintain server stability. We reserve the right to terminate a client’s account without his prior permission or without contacting him for any reason including but not limited to any kind of server abuse, multiple suspension of client’s account due to breach of ToS/AUP etc.

6. ABUSIVE CLIENTS

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

Verbal abuse including but not limited to cursing, yelling, threatening, etc.
Ongoing disregard for warnings or notices
Consistent mistakes/errors/changes causing unnecessary workload
Spamming our 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 or bouncing a payment
Continuous activation of problematic end-users
Activity which affects the service(s) of other clients
Open disputes with payment gateways/banks without having a full discussion with our Billing/Support team
Cancelling your current account and re-ordering new account just to get new PROMO Discount/Plan

7. BACKUPS and DATA LOSS

Your use of this service is at your sole risk. We don’t provide any kind of backups system/service. You must take your own backup manually by yourselves. We are 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 our servers. We are NOT responsible for any kind of Data Loss caused due to any reason.

8. PRICE CHANGE

The amount you pay for your service will not increase from the date of purchase in the current billing cycle, however prices may be increased from next billing cycle. We reserve the right to change prices listed on our websites, and the right to increase/decrease the amount of resources given to plans at any time.

9. LIMITATION OF LIABILITY:

VPS Server shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from VPS Server servers going off-line or being unavailable for any reason whatsoever. Furthermore, VPS Server shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of VPS Server servers. All damages shall be limited to the immediate termination of service.

10. DISCLAIMER:

VPS Server cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by VPS Server are resold. Thus, certain equipment, routing, software, and programming used by VPS Server are not directly owned or written by VPS Server. Moreover, VPS Server holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as VPS Server sees fit. FURTHERMORE, VPS Server retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.

By purchasing any of our services, you already agree to this Terms of Service (ToS) Agreement. If you don’t agree to these services, either don’t purchase any service or if already purchased, immediately cancel it. No refund will be processed in such case.