Introduction: The Long Version
As a provider of Internet access, web site hosting, and other Internet-related services, EuroVPS offers its customers (also known as subscribers), and their customers and users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. EuroVPS respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue; EuroVPS reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, EuroVPS has developed an Acceptable Use Policy (“AUP”), which supplements and explains certain terms of each customer’s respective service agreement and is intended as a guide to the customer’s rights and obligations when utilizing EuroVPS’s services. This AUP will be revised from time to time. A customer’s use of EuroVPS’s services after changes to the AUP are posted on EuroVPS’s web site, http://www.eurovps.com will ,constitute the customer’s acceptance of any new or additional terms of the AUP that result from those changes. EuroVPS reserves the right to amend, change, or modify Terms of Service without notifying the customers.
Introduction: The Short Version
We’re a hosting provider, not an internet referee. Do what you want with your site, but there are a couple of rules you must follow so that we can all get along. These are outlined in our Acceptable Use Policy (“AUP”) which we reserve the right to modify from time to time. If it’s a serious change, we’ll make an announcement.
Net Neutrality: The Long Version
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that EuroVPS cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because EuroVPS cannot monitor or censor the Internet, and will not attempt to do so, EuroVPS cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications. When subscribers disseminate information through the Internet, they also must keep in mind that EuroVPS does not review, edit, censor, or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over EuroVPS’s network and may reach a large number of people, including both subscribers and non-subscribers of EuroVPS, subscribers’ postings to the Internet may affect other subscribers and may harm EuroVPS’s goodwill, business reputation, and operations. For these reasons, subscribers violate EuroVPS policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:
Net Neutrality: The Short Version
The internet is wonderful, free, and open. We like it that way. But this means that sometimes, information uploaded on the internet can hurt some peoples’ feelings. Although this is sad, it’s just a reality of life. We can’t be held accountable for that!
There are a number of methods of approach to EuroVPS’s website that are considered a “visit.” This includes utilizing a web browser that delivers you to http://www.eurovps.com; my.eurovps.com; and any other site for which the previous URL’s can be considered a “root” to as well as any other sites that are owned by EuroVPS. This may also include viewing an email that has content delivered from one of our servers (or a third party web server), or by viewing an advertisement displayed on a third party website that has content delivered by one of our web servers.
When web visits occur, our server may log the time/duration of your visit as well as the pages you visited on this site and the time/duration spent on them. If your arrival results from a sponsored link, paid advertisement or paid search result, statistics will be gathered from your visit. In any other event you may visit the sites represented above, information may also be gathered based on where your visit originated as well as public computer data, visible to the analysis in place.
During your visit, a unique alphanumeric identifier may be placed on your hard drive to help us identify visitors for customization and analysis. These identifiers may also be known as “cookies” and cannot be executed as code, used to deliver a virus, be identifiable to other servers, nor can any personal information be gathered by them. EuroVPS utilizes this method solely for the aggregation of statistics used to enhance the product we offer users. If you do not want these identifiers placed upon your visit, cookies can be disabled in your web browser in the security settings that control them. It is important to note, however, that disabling cookies may hinder your ability to utilize our website at its intended performance level or to execute some functions contained in which cookies are required for security purposes.
A small graphic known as a web beacon may be embedded into EuroVPS advertisements, emails or web pages. This is a small graphic that will result in your web browser requesting the beacon from a web server. This request results in your web browser acquiring a unique identifier that may track visitor movement on the website utilizing the web beacon. EuroVPS uses web beacons to provide customized offers and gain usage statistics that help tailor the most desired viewing experience for the majority of our visitors. No personal information is gleaned by EuroVPS’s web beacons other than raw usage statistics.
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 terminated and all moneys forfeited.
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.
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.
Defamatory or Abusive Language
Using EuroVPS’s network as a means to transmit or post defamatory, harassing, abusive, or threatening language shall result in suspension and subsequent termination of services.
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.
Facilitating a Violation of this AUP
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software. Such activities shall result in suspension and subsequent termination of services.
Other Illegal ActivitiesEngaging 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’.
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’.
As we have pointed out, 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 it’s subscribers to host adult material on our web or database servers.
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 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, and no custom restore requests can be guaranteed to be processed. Customer is responsible for their own backups. EuroVPS holds absolutely no liability to any customer for any data stored on EuroVPS servers.
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. 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. 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. Services deactivated due to non-payment or decline of charges, will be assessed a 125.00 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. Customers electing to pay via Credit Card will be automatically billed.
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. Finally, EuroVPS may disclose subscriber information or information transmitted over its network where necessary to protect EuroVPS and others from harm, or where such disclosure is necessary to the proper operation of the system.
EuroVPS expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber’s failure to comply with those laws will violate EuroVPS policy. 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. Unconditional Money Back Guarantee valid for 7 days after purchase. Does not include cost of Control Panel and is void if client engages in any illegal activities as outlined above.
We hope this AUP is helpful in clarifying the obligations of Internet users, including EuroVPS and its subscribers, as responsible members of the Internet.
EuroVPS guarantees that its network will be available equal to or higher than 99.97% in any calendar month, subject to the exclusions outlined below. The EuroVPS network is defined as the conglomeration of our network infrastructure including, but not limited too, routers, switching, firewalls, and cabling, servers, storage servers, and backup servers. If EuroVPS fails to meet this guarantee, a credit shall be available to The Client as outlined on the bottom of this page.
SLA Credit Claim:
Claiming compensation for network downtime at EuroVPS requires that the client must open a ticket requesting SLA compensation within five days of the purported outage. The ticket will be investigated by administration and the outage will be cross checked against our corporate monitoring system. SLA payments are issued as credit notes to be used against future invoices with a maximum processing time of thirty (30) days. Please include a full description of the purported outage including the following client details, hosting plan, IP address, logs if applicable.
Exclusions to Uptime Guarantee:
EuroVPS is not responsible for outages that are beyond the control of EuroVPS. SLA accountability shall exclude periods when network outages originates from, or is indirectly caused/affected by:
Negligence of the Client including, but not limited to, inaccurate installations, configurations of software, abuse of the network, abuse of hardware, or over utilization of resources.
Factors outside of EuroVPS direct control such as routing or other faults caused by intermediary or external networks.
Client is abusing his/her service or is in the unfortunate position to be causing alterations to the overall quality of service of the EuroVPS network, EuroVPS reserves the right to suspend services of aforementioned client. Network outages of this type shall not be allowed compensation under this SLA. Client will be re-connected to EuroVPS network upon our acknowledgement that reconnection will not detriment the QoS of EuroVPS network. Network Outage caused by Denial of Service (DDoS) Attacks and/or other unlawful activity. We do not provide DDoS friendly hosting and do not provide haven to sites which are considered ‘DDoS magnets.’ Scheduled Network/Hardware Maintenance represents a necessary downtime in order to upgrade, update, and improve our network infrastructure. Downtimes during scheduled maintenances are not allowed compensation under this SLA.
Network Uptime SLA Compensation
99.97%-99.93% (10-30 minutes) 10%
99.92%-99.46% (30-240 minutes) 20%
99.46%-99.00% (240-480 minutes) 30%
Less than 99.00% (480 minutes +) 100%