EuroVPS Terms of Service

This agreement is entered into between EuroVPS and the person or entity purchasing or using our services (also known as subscribers), and their customers and users.

Services

EuroVPS agrees to provide the services as described in the order for the fees stated in the order, given that the subscriber adheres to the terms of this agreement and satisfies EuroVPS credit approval requirements.

Billing Cycles (Terms)

EuroVPS offers 5 Billing Cycles (terms) for hosting charges: Monthly, Quarterly (3 Months), Semi-Annual (6 Months), Annual (12 Months), and Bi-Annual (12 Months). The Billing Cycle begins on date that services are delivered, regardless of date of payment. You may elect to change your Billing Cycle at any time either up or down.

Fees

Customers electing to pay via Credit Card will be automatically billed. Invoices must be paid within 15 days of the opening of their respective order. Services deactivated due to non-payment or decline of charges, will be assessed a 15 EUR delay penalty, which shall not be waived under any circumstances. This is particularly important for customers choosing to make payment via PayPal, as per our terms, pre-paid accounts will be disconnected on the last day of the subscription unless balance has been recharged in advance.

Refund Policy

Refunds are only available in accordance with the 7 Day Money Back Guarantee. Refunds will be provided in the same payment method of the original payment. There are no refunds offered or promised after 7 days.

7-Day Money Back Guarantee

EuroVPS shared hosting and VPS Hosting packages all carry an unconditional 7-Day Money Back Guarantee. If you are not completely satisfied with our services or support within the first 7 days, you will be given a full refund of the fees paid upon plan cancellation, bar fixed costs that are non refundable to us such as cPanel and Plesk control panels. The following services do not qualify for the 7 Day Money Back Guarantee: additional items and services; IP Addresses, domain name registration; dedicated servers; and overage fees.

Cancellations

Hosting plans will automatically renew until a plan is cancelled. In order to cancel service, you must submit a written cancellation request via our helpdesk. A EuroVPS Accounts Manager will help walk you through the cancellation process.
Cancellation requests must be received by our Administration department fourteen (14) days prior to the end of your Billing Cycle for VPS and Shared Hosting plans and a minimum of thirty (30) days prior to the end of your Billing Cycle dedicated server plans. Cancellations submitted later than this time may result in automatic renewal of your hosting plan.
EuroVPS will not provide partial refunds for early terminations for extended terms subscriptions ie. Quarterly or Annual subscriptions. EuroVPS reserves the right to cancel any account, at any time, without notice, for any reason EuroVPS considers appropriate.

Billing/Price Changes

EuroVPS policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.

Acceptable Use Policy

The responsibility for avoiding the harmful activities just described rests primarily with the subscriber. EuroVPS will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with EuroVPS policy or applicable law. When EuroVPS becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate. EuroVPS does not permit its subscribers to engage in any of the below activities that violate the Acceptable Use Policy.


Spamming -- Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward EuroVPS, but also because it can overload EuroVPS's network and disrupt service to EuroVPS subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, EuroVPS has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list. Customers engaging in spam, while operating an open SMTP relay will have their accounts suspended. We taking spamming very seriously and offenders must pay a 200 EUR cleanup fee for our time to de-list our IP addresses from the blacklist, if they wish to have services reinstated.

Intellectual Property Violations -- Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. EuroVPS is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also EuroVPS's policy to terminate the privileges of customers who commit repeat violations of copyright laws. Repeat violators can be charged a 200 EUR clean-up fee if IP addresses have become blacklisted due to copyright violations.

Obscene Speech or Materials -- Using EuroVPS's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. EuroVPS is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through EuroVPS's network. We will notify the authorities and provide them with your complete contact information as well as all logs required to successfully prosecute child pornography cases, including your home IP numbers, logs of all activities, payment details, and any/all information we have on file.

Forging of Headers -- Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message shall result in suspension and subsequent termination of services. Should we detect you using our servers to SPAM, your account shall be terminated.

Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities --Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment. Such activities shall result in suspension and subsequent termination of services.


Other Illegal Activities ---- Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software. Downloading pirated software using P2P applications shall result in immediate termination of services. You are not permitted to use EuroVPS networks and servers, to pirate software illegally. Software piracy is a crime, and we will forward details of violators to authorities upon discovery. We regularly scan our servers for pirated software i.e. 'warez'.

Other Activities --Engaging in activities, whether lawful or unlawful, that EuroVPS determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations. EuroVPS subscribers are not permitted to cause disruption to other users by way of inbound DDOS/DOS attacks. Subscribers who are attacked by DDOS/DOS shall be null routed to prevent damage to our network and other users. We do not provide DDOS/DOS friendly hosting and do not provide haven to sites which are considered 'DDOS magnets'.


Privacy Policy

This is the responsibility of the customer to research thoroughly. If EuroVPS - Security receives an order to provide information about a customer to a law enforcement authority, we will provide that information. EuroVPS will absolutely not be held accountable for information stored on EuroVPS servers. Customer is 100% responsible for all data stored under his account / control. Proof positive of a customer's access & knowledge of data stored on said servers includes FTP logs, login logs, and payment/signup confirmations. We record and store IP's used to access our systems, and will forward said information to law enforcement if request follows due process.

EuroVPS will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake.

If EuroVPS detects illegal activity taking place on it's network, it may record incoming and outgoing IP addresses, and any other information needed to assist in the prosecution of offenders. EuroVPS reserves the right to use any method available to monitor and record illegal activities taking place on it's network, and forward these records to law enforcement, if we feel that it is in the interest of public safety.

EuroVPS will monitor its service electronically to determine that its facilities are operating satisfactorily. Also, EuroVPS may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. EuroVPS assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice.

Backup Policy
 
EuroVPS does maintain it's own backups of file, web, and database servers. These backups can be used by EuroVPS to restore a failed server or drive array. These backups are not for the customer's usage Custom restore requests may be made for a fee 50 EUR per restore. Customer is responsible for their own backups. EuroVPS holds absolutely no liability to any customer for any data stored on EuroVPS servers.

Reseller Policy

EuroVPS also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching EuroVPS's facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. EuroVPS does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. EuroVPS has the right to directly take action against a customer of a subscriber. Also, EuroVPS may take action against the EuroVPS subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, EuroVPS anticipates that subscribers who offer Internet services will cooperate with EuroVPS in any corrective or preventive action that EuroVPS deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of EuroVPS policy.

EuroVPS also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, EuroVPS urges its subscribers to assume that all of their on-line communications are insecure. EuroVPS cannot take any responsibility for the security of information transmitted over EuroVPS's facilities. EuroVPS will not be responsible for any damages your business may suffer.

Chargebacks

In case of payment reversal or charge back, customer account shall be immediately and permanently closed, without further possibility of reactivation. In such a case all data would be irrevocably deleted. This applies to any and all accounts. A charge of $25.00 per chargeback will be assessed to all accounts that receive a chargeback.

Warranties

EuroVPS makes no warranties of any kind, expressed or implied for services we provide. EuroVPS disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by EuroVPS and its employees. 

Governing Laws

The Laws of the Republic of Cyprus govern this agreement.

Force Majeure

EuroVPS will not be liable for delays in its performance of the TOU or EuroVPS services caused by circumstances beyond EuroVPS's reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). EuroVPS will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.

Indemnification

EuroVPS customers agree to protect, defend, hold harmless, and indemnify EuroVPS, any third party entity related to EuroVPS (including, without limitation, third party vendors), and EuroVPS's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as EuroVPS, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any form from the customer's use of EuroVPS's services.

Finally, EuroVPS wishes to emphasize that in signing the service agreement, subscribers indemnify EuroVPS for any violation of the service agreement, law, or EuroVPS policy that results in loss to EuroVPS or the bringing of any claim against EuroVPS by any third-party. This means that if EuroVPS is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against EuroVPS, plus costs and reasonable attorneys' fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including EuroVPS and its subscribers, as responsible members of the Internet.

E-mail: security@eurovps.com