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</ul> Terms Of Service <ul>
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<li>Terms Of Service</li>
</ul> Original language: English | Last update: 2017-11-1
Full terms
<b>The following terms and conditions (these “Terms”) govern the provision by NiceVPS (“Company”) of the services and/or products (referred collectively herein as (“Services and Products”) described on the Server Order Form, the Service Level Agreement and Service Exhibit attached hereto (collectively the “Service Descriptions”) and defined in any of the Company’s product support listing, to the customer (“Customer”) identified on the Service Descriptions.
The Service Descriptions, these Terms and the attachments and any addenda hereto, executed with respect to the Services and Products, are referred to herein, collectively, as this “Agreement.” NiceVPS reserves the right to change and update this document as needs change or arise.</b>
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<b>Provided Resources.</b> Customer will be provided with the amount of disk space and bandwidth stated in their quote or plan from NiceVPS.
Disk space usage and bandwidth usage are monitored by NiceVPS and will be provided to the client to use at their leisure.
Customers are responsible for purchasing additional disk space or bandwidth beyond that detailed in their “Plan” or to remove files and stop network usage in order to bring their usage with their Plan’s limit.
In one month you may use a extra 5% of your quota, however continued heavy usage of this will require an upgrade or extra usage fees.
Unlimited data transfer is provided on a basis of a Fair Usage Policy, excessive bandwidth usage may not be permitted and may incur in additional charges and/or port speed limitation prior mutual agreement.
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<b>Jurisdiction and Jurisdictional Disputes, Legal Responsibilities.</b> The parties expressly recognize that, where NiceVPS is acting solely as Customer’s Host, NiceVPS is not engaged in, and is not actively soliciting, interstate or international commerce for said Customer.
Where NiceVPS is a named party to any type of dispute or litigation involving any acts by Customer that affect out-of-state persons or entities, Customer agrees that it shall indemnify, hold NiceVPS harmless, defend NiceVPS exhaustively (including all legal cost(s), and challenge the jurisdiction of out of state authorities over NiceVPS).
Any legal issue must be resolved by the laws in the Commonwealth of Dominica.
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<b>Availability and Backups.</b> NiceVPS shall store Customer’s web sites, files, email and databases on their servers.
The parties expressly recognize that internet servers and links are susceptible to crashes, down time, vulnerabilities and that from time to time NiceVPS may need to preform maintenance on their services.
Customers with unmanaged services are to manage their own backups at their own expense.
NiceVPS is not responsible for data that you may have lost due to said crashes, down time or vulnerabilities.
In addition NiceVPS will not support illegal activities by providing you with a backup if your Web Hosting contains any of the materials found under the Abuse section of this document.
Due to the nature of computer hardware, NiceVPS is not liable for any data loss occurred.
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<b>Maintenance.</b> NiceVPS may temporarily suspend all service for the purpose of repair, maintenance or improvement of any of its systems, or whatever it deems necessary to maintain adequate services.
However, NiceVPS shall provide prior notice within 24 hours for all maintenance.
Failure to provide prior notice on our part does fall under our SLA.
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<b>Connection and Bandwidth.</b> Subject to the datacenter’s physical location.
NiceVPS agrees that it shall maintain a minimum of 1Gbps connections to the servers.
However, NiceVPS does not guarantee any response rate, download, or upload speed beyond our control, as this is depending on Customer’s and End Users ISP connections.
We do NOT guarantee a set internet speed to your server.
Your service might be suspended if it receives and or sends any DDoS attack or an abnormal spike in traffic emanate or is received by your server.
Service activation or termination after the suspension will be in our sole discretion.
NiceVPS does not guarantee that any IP address space will be globally accessible due to factors out of our control.
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<b>Security.</b> The parties expressly recognize that it is impossible to maintain flawless security, therefore the customer is solely responsible for properly securing their hosting service provided by NiceVPS including changing initial passwords and making any security adjustments and patches over time.
Customer is solely responsible for any damage caused by such unauthorized access, and Customer indemnifies and holds NiceVPS harmless for any compromise of Customer’s security that resulted from their own actions, the actions of NiceVPS or the actions of any third party.
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<b>Privacy.</b> By default NiceVPS only collects an email address, an username, and a password encrypted using strong encryption algorithms when you sign up.
All customer data is encrypted on the storage disk, however after the system is online data may be readily available in plain text except passwords or secret keys.
Data encryption is possible on NiceVPS, however Customer is solely responsible for encoding their web site, content, and data to conform with generally accepted encryption standards, and Customer indemnifies and holds NiceVPS harmless for any compromise of Customer’s encryption method.
You agree to indemnify and hold NiceVPS harmless and blameless for any compromise of your personal, business, or private information in any form.
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<b>Browser Cookies.</b> By default, a session cookie is stored into the visitor’s browser due to the stateless nature of the World Wide Web protocols, for the sole purpose of providing this web service.
An additional cookie is created and stored into the computer when the Customer opts-in for a login remember, for the sole purpose as how it was offered.
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<b>Refunds.</b> NiceVPS does NOT provide refunds.
Refunds are only possible within the first 24 hours from the effective payment date in case of an error caused by NiceVPS or due to the impossibility of providing Customer with the requested service.
Processing fees, administrative fees, setup fees, management services, or any other kind of fees associated with your payment or service are not eligible for refunds.
Our administration fee consists of (One percent) 1% of the total refundable amount with a minimum of (Two Euros) 2.00 EUR.
Initiating a dispute or a charge-back with our payment processors may result in instant service suspension or termination.
Breaching this present of terms of service invalidates any right for a refund.
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<b>Email Communication.</b> By default, NiceVPS does NOT send any newsletter or unsolicited email.
Transactional, service-related, account-related, operational and notification emails may be sent regardless of the subscription status.
Personal identifiable information is never sent along with our emails, solely an username may be sent.
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<b>Abuse, Copyright and Freedom of Speech.</b> By default, NiceVPS defends freedom of speech and will NOT reply to any abuse complaint.
Customer will be notified within 48 hours and must resolve any abuse, blacklist or report within (five) 5 working days.
NiceVPS is not liable responsible for any abuse and/or copy-right infringements caused by what the Customer hosted on NiceVPS’s servers.
NiceVPS defends the freedom of speech but illegal activities are not tolerated.
In some cases, NiceVPS may temporarily null-route Customer services from the public Internet until the abuse is resolved but never suspend said services.
Hosting child pornography, terrorist propaganda, but not limited to, is COMPLETELY forbidden and any client found to be doing so will be cancelled immediately upon discovery.
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<b>Suspension and Termination.</b> NiceVPS will NOT suspend any account unless a court order in the Commonwealth of Dominica dictates so, however, NiceVPS reserves the right to suspend or terminate any account at any time, under their own discretion.
NiceVPS will suspend services automatically after paid term is complete.
Customer is responsible of renewal before the end date.
NiceVPS will notify customer (seven) 7 days prior to the end of the subscription period.
After 2 days of non-payment, services will be terminated irrevocably along with all data and any other related assets.
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<b>Domain Name Services.</b> Customer domain names are registered under the name of NiceVPS, on behalf of said Customer.
NiceVPS shall not have the actual ownership of the domains registered through our system.
Customer retains the right to sell, transfer, assign, control, renew each domain name registration upon expiration, being as well responsible to resolve any and all monetary or other legal claims that arise in connection with Customer’s domain.
We do not guarantee that you will obtain the domain name applied for, even if your inquiry has indicated that the domain name is available at the time of submission.
NiceVPS provides no warranty with regard to the offered services.
Domain registration, renew or transfer fees may change at any time.
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<b>Final note.</b> Failure by either Company (NiceVPS) or Customer to enforce any of the provisions of this Agreement or any rights with respect hereto or the failure to exercise any option provided hereunder shall in no way be considered to be waiver of such provisions, rights or options, or to in any way affect the validity of this Agreement.
If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected.
This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
This agreement may suffer changes without prior notice.
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