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SolVPS's primary goal is to provide exceptional and timely service to our clients. In pursuit of this goal, SolVPS agrees to render services subject to the following Terms of Service document, hereafter referred to as "ToS". The usage of SolVPS's service(s) by a subscriber constitutes an unconditional acceptance of, and agreement to, SolVPS's ToS.
SolVPS reserves the right to change or modify the ToS at any time, without notice, by updating the document on this page. These modifications will become effective immediately. SolVPS will use its best efforts to notify subscribers of updates to the ToS.
"SolVPS" is a d.b.a. (doing business as) title of Hostway Services, Inc.
I. 30 Day Refund Guarantee
SolVPS allows a period of thirty (30) days from the date of service deployment for customers to test and evaluate the newly deployed services. If the hosting service does not meet the customer's required specifications, or it is lacking in performance for another reason, SolVPS will offer a full refund of subscription payments based on the following terms:
The 30 Day Refund Guarantee is not applicable to cases of non-usage. In any circumstances where a problem cannot be demonstrated with the hosting service provided by SolVPS, or in any circumstances requiring refunds after 30 days of service activation have elapsed, refunds will be provided in the form of account credit. Refunds to account credit will be pro-rated to represent the amount of time remaining in a service's current billing cycle, at the time of refund request processing.
Please note that SolVPS will perform all services necessary to ensure the complete satisfaction of its customers.
II. 99.99% Service Availability Guarantee
The backbone of SolVPS's service is a commitment to service availability. To support this commitment, SolVPS provides the following service level guarantees, and observes the following schedule of penalties when service level guarantees are breached.
SolVPS guarantees that services hosted on our networks will be available more than 99.99% of the time in a given calendar month. Availability is defined as the ability of an external system or user to communicate with services hosted on our networks via web, ICMP, RDP, or another protocol.
A. Infrastructure & Resource Availability
Each VPS system provided by SolVPS includes a "quota" for the usage of memory, processor, and other host system resources. SolVPS guarantees that the quotas specified for each VPS plan will be made available to the customer, and will consider unavailability of said resources to contribute to the calculation of service unavailability.
SolVPS takes proactive measures to guarantee the redundancy of its hardware systems. Nonetheless, unavailability caused by hardware failures, host server crashes, and related spontaneous incidents will be compensated by the SLA.
B. Network Availability
Service unavailability resulting from network unavailability will be compensated by the SLA only if such network unavailability was caused by the negligence of SolVPS, or by failure of systems directly administered by SolVPS. As a provider of Internet services, SolVPS relies on a number of bandwidth providers (ISPs) to provide connectivity to customer end-points. Outages on these providers' networks, which may temporarily prevent customers from accessing services, or may even prevent outgoing connections from SolVPS's networks and systems, will not be compensated by the SLA.
C. Scheduled Maintenance
While SolVPS's systems are designed to accommodate hot-swappable components and live maintenance, situations may arise in the general course of systems maintenance that require temporary downtime of customer services. SolVPS will do everything possible to schedule maintenance cooperatively with affected customers, during timeframes that will be most convenient for customers.
D. Downtime Credit Procedure
Customers who record a significant amount of service unavailability (downtime) may report it to SolVPS Customer Service and request a service credit as compensation.
In the event of a breach of service availability, each 1 hour of unavailability will be compensated with a credit equal to 5% of the most recent payment made by the customer. Unavailability amounting to less than 1 hour will be pro-rated at the same rate. The maximum amount of service credit provided in a billing period will be 100% of the billing period's subscription fees.
Requests for service unavailability credits should be submitted to the Billing department via support ticket or email, and must be submitted within 30 days of the reported outage to be eligible for credit. Upon receipt of downtime reports, SolVPS will review information submitted by the customer, and provide a service credit if appropriate.
Service credits are provided in the form of account credits, which may be applied to any invoice generated by SolVPS for a new or existing service, upgrade, or one-time fee. Service credits are not cash equivalents, cannot be withdrawn or deposited to a PayPal account, and cannot be transferred among customer accounts.
While SolVPS continuously monitors the status of its networks, and the physical hosts located there, it does not monitor the status of individual applications used by its customers. The guarantees provided by this SLA are meant to encompass large-scale outages caused by system failures and network unavailability, and do not apply to any particular software or services running inside the customers's server, nor to a server's Operating System.
Guarantees made by this SLA do not apply in any situation where downtime is caused by, or could have been prevented by, the customer.
Guarantees made by this SLA do not apply in circumstances where downtime has been caused by forces beyond the Company's control, for example carrier outages and natural disasters.
III. Acceptable Use Policy (AUP)
This policy is provided to clearly define activities and uses of hosting services that are prohibited by SolVPS. All users of SolVPS's services, including those who access some services but do not have accounts, as well as those who pay SolVPS for hosting services, must comply with this AUP and the foregoing Terms of Service.
SolVPS strictly prohibits the following uses of its network and services:
In addition, the following activities are strictly prohibited:
SolVPS does not tolerate the sending of Unsolicited Commercial Email (UCE) or SPAM via our network and services. Customers of SolVPS may not use, or permit others to use, our network to partake in UCE distribution. Customers of SolVPS may not host or permit hosting of sites or information that is advertised by UCE from other networks.
Upon notification of an alleged violation of our SPAM policy, SolVPS will initiate an immediate investigation. During the investigation, SolVPS may restrict customer access to the network to prevent further violations. Subscriber will thereafter be advised of the situation. If a subscriber is found to be in violation of this ToS, SolVPS may, at its sole discretion, unilaterally restrict, suspend or terminate the violating customer's account. Further, SolVPS reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. SolVPS will notify law enforcement officials if the violation is believed to be a criminal offense.
Registration is required to open an account with SolVPS. In order to complete payment for services, SolVPS requires verification of contact details including legal name, contact address, email address, and phone number.
Establishment of service is dependent upon SolVPS's receipt of payment for services. After the initial subscription payment, subsequent payments will be due on the anniversary date of service subscription, according to the billing cycle selected by the customer. Although services are provided on a subscription model, all payments are made without contract for future payment terms, and subscribers are not obligated to renew services unless they wish to continue the usage of their hosting services.
Services may be renewed at any time, at the discretion of the customer, by accessing the Customer Portal's "My Invoices" section. Invoices for services will be generated and delivered to customers via email approximately 15 days before renewal payments are due, and may be paid at any time convenient for the customer. Payment of automatically-generated invoices for future services will automatically extend the related services.
All services provided by SolVPS must be paid for in advance of service delivery.
All services provided by SolVPS are provided with distinct renewal and payment terms. Should customers fail to remit payments for additional periods of service after the initial billing period, the particular services with overdue payments will be suspended. SolVPS will permanently terminate customer services and all hosted data any time after 3 days of non-payment (usually after 10 days of non-payment). Customers are encouraged to contact SolVPS Billing staff to arrange alternate payment terms, if necessary to avoid account suspension or termination.
In the event of a chargeback, returned payment, or another financial dispute affecting a payment made to SolVPS, the related customer's account and all related services will be suspended immediately, including suspension of all hosted data and backups. The customer's account will be assessed a $25 fee per returned payment. Service will be restored only upon verified remittance of all fees and overdue subscription payments. Chargebacks and returned payments will be considered a breach of the billing terms contained in this Terms of Service, and SolVPS reserves the right to immediately terminate all hosted data of a customer upon notice of a returned payment.
A customer may cancel his or her account at any time by contacting SolVPS Customer Service via the Customer Portal, or directly at email@example.com. Requests for account cancellation will be processed by SolVPS Customer Service representatives to ensure the integrity of our service. For co-located infrastructure hosting and dedicated server hosting services only, advance cancellation notice of 30 days (or 1 monthly billing period) is required to cancel billing of services.
Upon billing cancellation, all hosted data and services will be immediately terminated, and SolVPS will cease to provide service or support for the customer. Upon account cancellation, customers will no longer be eligible for any benefits or guarantees provided by SolVPS.
The subscriber is responsible for maintaining a complete and current copy of their VPS and any files or software placed there by the customer. SolVPS will not be responsible for providing backups of any specific file, or VPS system, due to loss by customer negligence or another event.
SolVPS is NOT RESPONSIBLE for any files, software, or other data lost by the customer.
SolVPS makes regular internal backups of internal system configurations, host server configurations, and databases. These backups are not intended to keep up-to-date backups of customer data.
Although SolVPS backups may include customer data for the purpose of recovery from disasters and critical system failures, these backups are not to be relied on by the subscriber, nor does SolVPS guarantee that any such backup can be provided directly to a customer.
Subscriber acknowledges that the hosting services provided are of such a nature that service may be interrupted for many reasons other than the negligence of SolVPS, and that damages resulting from any interruption of service are impossible to objectively quantify. Subscriber agrees that SolVPS shall not be liable for any damages arising from such causes beyond the direct and exclusive control of SolVPS. Subscriber agrees that SolVPS's total liability for any losses sustained by the customer may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall SolVPS be liable for any special or consequential damages, loss, or injury.
SolVPS assigns each subscriber 1 or more unique IP addresses for each VPS unit. The right to use and broadcast from IP addresses assigned by SolVPS shall belong only to SolVPS, and the subscriber shall have no right to use IP addresses except as permitted by SolVPS. SolVPS shall maintain and control ownership of all IP numbers and addresses that may be assigned to subscribers by SolVPS. SolVPS reserves the right to change or remove any such IP addresses at its sole and absolute discretion, at any time.
IP addresses, and access to dedicated IP resources, may not be resold or transferred without the direct consent of SolVPS. The customer's usage of dedicated IP address space must be reported to SolVPS Customer Service upon request, and will be periodically verified by SolVPS Customer Service representatives.
SolVPS subscribers may not use assigned IP addresses for any purpose that results in negative IP reputation, including blacklisting by Spamhaus, Barracuda, SORBS, Cisco, and other IP reputation services. Subscribers responsible for damaging or degrading the reputation of assigned IP address resources will be assessed a maintenance fee of $25 USD per IP address. If a maintenance fee is assessed, subscriber services may be suspended, without access to hosted data or backups, until the subscriber's account becomes current with all outstanding fees and other due subscription payments.
Subscriber agrees that bandwidth, measured in total megabytes sent plus total megabytes received, shall not exceed the maximum number of megabytes per month for the service plan subscribed to by the customer ("Agreed Usage"). SolVPS will monitor subscriber's bandwidth usage, and customers may view a live-updated record of their usage within the Customer Portal. In the event of a bandwidth overage, the customer's system may be automatically suspended or restricted. Customers will be warned of approaching or exceeded resource limits via email by SolVPS's automated notification system.
Subscribers or any network users are prohibited from violating, or attempting to violate, the security of SolVPS's network, servers, and other systems included therein. Violations of system or network security may result in civil or criminal liability. SolVPS will investigate occurrences which may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting subscribers who are involved in such violations. These violations include, but are not limited to:
SolVPS reserves the right to block connections to and from any services involved in sending or receiving DDoS (Distributed Denial of Service) attacks and any other form of packet flooding, network interference, or malicious network activity. Services will be suspended for an amount of time necessary to mitigate attacks and ensure that network stability has been recovered. During emergencies, customers may not be warned in advance of service suspensions due to abuse complaints. SolVPS reserves the right to immediately suspend or terminate any service that is deemed to be directly involved in producing malicious network activity, or any service that is reasonably deemed to be a risk to the stability of SolVPS's network.
Subscribers of SolVPS's services are prohibited from storing or posting content or links to content that infringes upon, or otherwise violates the intellectual property rights of third parties. This includes trademark, patent, and copyright infringements.
All content provided within or via this website is protected by US and international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties and agreements. No intellectual property of any nature contained within or via this website may be copied, published, reverse engineered, decompiled, exchanged, traded, or broadcast in any way without the written permission of SolVPS.
SolVPS reserves the right to suspend network access to any subscriber if, in the judgment of SolVPS, the subscriber's account is the source or target of a violation of any of the terms of the ToS, or for any other reason which SolVPS deems necessary to guarantee the stability of customer services.
If inappropriate or illegal activity is detected or brought to our attention by a third party, all accounts of the subscriber in question will be deactivated until an investigation has been completed. Multiple violations of the ToS will result in permanent suspension of the related account, without any option for refund. With complaints of infringing or illegal content, a single complaint may be deemed sufficient for permanent suspension of the alleged infringing service. If multiple complaints of infringing or illegal content are received involving two or more services, all services under the customer's ownership and/or control are subject to permanent suspension. Prior notification to the subscriber is not assured. The subscriber may not be credited for the time the subscriber's machines were suspended if the subscriber is found to be at fault.
This ToS specifically prohibits the use of SolVPS services for illegal or otherwise malicious activities. The subscriber agrees that SolVPS may disclose any and all subscriber information, including assigned IP numbers, account history, billing records, etc., to any court or law enforcement agency that requests such information, upon receipt of a subpoena, warrant or other court order, without consent or notification to the subscriber.
SolVPS expressly reserves the right to refuse service to anyone for any reason at any time. The offers posted on SolVPS.com are not guarantees of available service, and application for service may be denied, without notice to you, for any reason, in SolVPS's sole discretion.
SolVPS expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by SolVPS in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by SolVPS in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry or registrar, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, (viii) to avoid any civil or criminal liability on the part of SolVPS, its officers, directors, employees and agents, as well as SolVPS’s affiliates, including, but not limited to, instances where you have sued or threatened to sue SolVPS, or (ix) to respond to an excessive amount of complaints related in any way to your Account, domain name(s), or content on your website.
SolVPS expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to refuse service or apply additional fees to those Accounts that exceed allowed levels.
SolVPS expressly reserves the right to terminate, without notice to you, any and all Services where, in SolVPS's sole discretion, you are harassing or threatening SolVPS and/or any of SolVPS's employees.
Each party (the "Indemnifying Party") hereby indemnifies the other party (the "Indemnified Party"), its officers, directors, employees and agents, and agrees to defend and hold them harmless from and against any and all liability, damage, loss or expense (including reasonable attorneys fees) arising from any claim, demand, action or proceeding based upon the alleged breach or untruthfulness of any of the Indemnifying Party's representations or warranties, or incurred in the settlement or avoidance of any such claim, provided, however, that the Indemnified Party shall give prompt notice to the Indemnifying Party of the assertion of any such claims and provided further that Indemnifying Party shall have the right to select counsel and control the defense thereof, subject to right of the Indemnified Party to participate therein.
If any provision of this ToS shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this ToS is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
This ToS is subject to the governing laws of the State of Delaware.
Last updated December 14, 2013