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Terms of Service


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The use of services from tmzVPS.com, [hereafter referred to as "tmzVPS"] constitutes agreement to these terms and conditions.

 

Account Setup / E-mail on file

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an e-mail address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary e-mail address on file will be used for this purpose. It is your responsibility to ensure the e-mail address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account/services. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

 

Website Migration

Our migration team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.

The free transfer service is available for 60 days from your sign up date. Transfers outside of the 60 day free period will incur a small charge; please contact sales with specific details to receive a price quote.

 

Offers/Promotions/Coupons

Offers are limited to new orders only and only one offer/promotion can be applied per order, unless otherwise specified.

 

Content

All services provided by tmzVPS may only be used for lawful purposes. The laws of the State of Florida, California, and the United States of America apply.

The customer agrees to indemnify and hold harmless tmzVPS from any claims resulting from the use of our services. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please e-mail abuse@tmzvps.com with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.

Examples of unacceptable material on all Shared Servers include: IRC Bots, Pirated Software / Warez, image, file dump, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange),sale of any controlled substance without prior proof of appropriate permit(s), Auto Surf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums that distribute or link to warez content is prohibited.

Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given an option of either paying extra for a dedicated server or reducing the resource used to an acceptable level. tmzVPS shall be the sole arbiter of what is considered to be a high server usage level.

tmzVPS services, including all related equipment, networks and network devices are provided only for authorized customer use. tmzVPS systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of tmzVPS system(s) constitutes consent to monitoring for these purposes.

You can only use the IPs assigned to you. If we find you using (stealing) other clients' IP addresses then we reserve the right to suspend/terminate your VPS without a refund. We do not tolerate abuse of any sort.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.

Failure to respond to e-mail from our abuse department within 24 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble ticket/e-mail and will have a response within 24 hours.

If in doubt regarding the acceptability of your site or service, please contact us at abuse@tmzvps.com and we will be happy to assist you.

Adult content is allowed as long as it is legal in the United States of America.

You may not use your VPS as file storage, "off site" backup, or as a download host. We reserve the right to terminate accounts that are deemed as using unusually high amounts of disk space for the reasons aforementioned.

Shoutboxes of any kind are not allowed on any of our VPS, as they are known to be extremely resource intensive. If you have a website that depends on a shoutbox, you must purchase a dedicated server.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Violations will be reported to the appropriate law enforcement agency.

Direct customers: Your services will be terminated with or without notice.

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 username 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.

 

Zero-Tolerance SPAM Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, e-mail, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

tmzVPS reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

tmzVPS reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of tmzVPS.

 

Payment Information

You agree to supply appropriate payment for the services received from tmzVPS, in advance of the time period during which such services are provided. You agree that until and unless you notify tmzVPS of your desire to cancel any or all services received, those services will be billed on a recurring basis.

If you would like to cancel your hosting plan(s) you must read these steps.

As a client of tmzVPS, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. tmzVPS provides a 5 day grace period from the time the invoice is due and when it must be paid, after which we reserve the right to suspend/terminate your VPS/server/service. Any invoice that is overdue for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full. If invoices are not paid after 10 days the account may be terminated and all files may be deleted.

Invoices that have been paid more than once by mistake, subscriptions, etc. can only be added as credit towards the account and cannot be refunded. If there is credit in your tmzVPS account and you have passed the 30 Day Money Back guarantee that is also nonrefundable. If you require assistance with this provision, please contact sales@tmzvps.com.

 

Backups & Data Loss

Your use of the services offered by tmzVPS is at your sole risk. tmzVPS 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 tmzVPS servers. tmzVPS provides free courtesy backups for all of our clients however we do not provide any guarantee on the availability or the ability of restoration for our backups. Our backups are designed to be restored in a disaster event. Restoring a single website/file/folder etc. is very time consuming and we charge a fee of $20 per restoration. Even though we backup your data, we strongly recommend you have local backups available.

 

Cancellations, Refunds & Domains

Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

Customers may cancel at any time, read these steps. tmzVPS gives an unconditional 30 day money back guarantee on our VPS Plans for new customers. There are no refunds on administrative fees, install fees for custom software, or domain name purchases. Refund requests after the initial 30 days will not be accepted. Prorated refunds will also not be made for unused time because of a server issue or similar. If any of the terms of service (TOS) is violated a refund will not be provided.

If you request an immediate cancellation we reserve the right to terminate your services and delete data immediately after you submit the request. For "End of Billing Cycle" cancellations we reserve the right to cancel your service and delete data at any time on the last day of the current billing cycle. Dedicated servers need to be cancelled atleast ten days before the next due date, post that the full price for the next month would be charged.

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. Moneybookers/Skrill and Alertpay/Payza refunds can take up to a week to be completed.

Either of us may terminate this Agreement by providing the other with written notice of intent to terminate (a Termination Notice). You must provide us with written notice of your intent to terminate this agreement no less than thirty days prior to the renewal of your Service.

Either of us may terminate this Agreement by providing the other with written notice of a material breach. The written notice must contain sufficient facts from which the non-breach party may identify the alleged cause of the breach, and take steps to cure such a breach. Upon delivery of the notice of material breach, the party of alleged breach shall have ten calendar days during which the breach may be cured. If the material breach is incapable of cure, the non-breaching party may terminate this Agreement immediately.

 

Bandwidth Usage

You are allocated a monthly bandwidth allowance. The counter is reset on the first day of every month. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package. Unused transfer in one month cannot be carried over to the next month. Unmetered bandwidth VPS plans have a speed limit of 50 Mbps. File hosting or video streaming is not allowed on unmetered bandwidth VPS plans.

 

Money-back Guarantee

Every VPS plan carries a 30 day unconditional money back guarantee on them (applicable to the first service of a new customer only). If you are not completely satisfied with our services within the first 30 days of your service (applicable to new customers only), you will be given a full refund of the contract amount. Remember, this is only for VPS packages and does not apply to dedicated servers, administrative fees, install fees for custom software, or domain name purchases. The money back guarantee is applicable for the first 30 days of a new customer account only. If you had been an old customer and signed up for another service then the money back guarantee is not available for you. Please note that the money back guarantee is not applicable if you violate any of the legal terms and conditions including the Acceptable Resource Usage Policy.

 

Price Changes

The amount you pay for hosting will never increase till the current contract/billing cycle. Should there be an increase in price it would be effective for your service from the next billing cycle. We reserve the right to change prices listed on tmzVPS.com, and the right to change the amount of resources given to plans at any time. Such changes will be effective from the next billing cycle/contract period.

 

Indemnification

Customer agrees that it shall defend, indemnify, save and hold tmzVPS harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against tmzVPS, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless tmzVPS against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with tmzVPS; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from tmzVPS's server.

 

Arbitration

By using any tmzVPS services, you agree to binding arbitration. If any disputes or claims arise against tmzVPS or its subsidiaries, such disputes will be handled by an arbitrator of tmzVPS 's choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.

 

Disclaimer

tmzVPS shall not be responsible for any damages your business may suffer. tmzVPS makes no warranties of any kind, expressed or implied for services we provide. tmzVPS disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, deletion and any and all service interruptions caused by tmzVPS and its employees.

 

Disclosure to Law Enforcement

tmzVPS may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

 

Changes to these Terms

tmzVPS reserves the right to revise its policies at any time without notice. You are requested to visit this page from time to time.

 

If you have any questions please send an e-mail to abuse@tmzvps.com for clarification.