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Terms Of Service

Terms and Conditions

1. Terms

a. By accessing KVMVPS.us you agree that you will abide by the following Terms of Service rules set out on this page. Please note that if you do not understand anything on either two pages then you can email [email protected] and we will simplify them for you in a way which you will understand.

b. We hold the right to update our Terms of Service without prior notification to current and/or potentional customers.

c. KVMVPS cannot and will not be held responsible for loss of data if it was not a fault at our end. If it was, we will let everyone know and if there is a chance with updates etc, which there shouldn't, we will send all webhosting clients e-mails letting them know. We will backup as much as we can at all times.

d. Breaking any of these terms will give Cronic the right to suspend/terminate any related product/service and all products/services on your account shall be suspended. We can then access your account and check through ALL files on your service. After a full thorough search of your account, if it does not hold prohibited items on the service then it shall be unsuspended. If it holds illegal content then we will record proof and report you to the respectful owners. We may then suspend or terminate your account without a refund as this was not a fault of ours.

2. Services Included

a. These terms have been created and are applied, but not limited to the following services:

Prohibited Usage:

Hosting or linking to prohibited content that promote illegal activity or present content that may be damaging to our servers, or any other server on the Internet is strictly prohibited. The following below are examples of such content:

- Mass Mailing / Spam Scripts (Personal mail server is fine)

Any kind of unsolicited email advertising is not welcomed to our servers. If a client is found to be involved in sending unsolicited email advertising or mass mailing at any extent, we reserve the right to suspend or terminate users account without notification and no refund will be given. Furthermore, KVMVPS reserves the right to pursue legal action for any costs associated with the investigation of a substantiated policy violation. We will notify law enforcement officials if the violation is believed to be a criminal offense, the customer acknowledges that he is responsible for any usage on there account.

You will be charged $50 per blacklist if you are caught spamming illicit and unsolicited emails, this is enforced by a local collection agency whom will follow up and we have right to share your details to the agency if it is right to do so.

- IRC Networks (Private bouncers & clients is allowed)

We currently do not allow any usage of our services to be used with IRC servers or network, servers found hosting IRC servers will be immediately suspended or terminated and you will be given a warning in which you will have to remove the IRC service from your VPS and that you acknowledge you will not host such service again.

- Torrents (Personal usage is fine if usage is low)

Our servers are located in the Netherlands & USA and therefore you must comply with the national laws applicable to online services as to where your service is based (we follow US jurisdiction for US services and EU/Netherlands for Amsterdam). As a result torrents, torrent trackers, warez linking/hosting, rapidleech and other such services is prohibited on our servers. Any accounts found hosting such content will be suspended or terminated without notice.

- Minecraft

In an effort to help reduce abuse to CPU & IO we have decided that we will no longer allow Minecraft hosting on any of our VPS Hosting services. Any new VPS orders will be strictly following these new terms listed.

- QEMU / Windows

We do not allow any sort of Windows hosting on our OpenVZ plans whether through Qemu or not, you may be able to host Windows 2008/2012 server through our KVM plans.

- Streaming / Card Servers / TOR / Mining / Phishing Sites / Proxy Scanners / Public Proxies/VPNs (Private & Secured VPN/Proxy usage is allowed)

This is just a summary of prohibited usage on our servers, we do not allow “ddos scripts” and any other intensive scripts which may affect the node or is against the federal laws of the United States & United Kingdom. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.

We reserve the right to refuse, cancel or suspend service, at our sole discretion. All sub-networks, distributive hosting sites and dedicated servers of KVMVPS must adhere to the above policies. Please contact sales if you are unsure.

Fair Share Usage

Each VPS is given “fair-share” CPU usage on the server. CPUs sit idle in most cases. Each VPS has access to several vCPU(depending on your plan) and can use it’s processing power as and when required, since you are sharing the CPUs with other clients on the node we have a fair share usage limit. If your VPS happens to cause issues to other clients on the node your VPS will be suspended and notified and asked to make changes to ensure it doesn’t happen again.

Liability

We cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by KVMVPS are resold. Thus, certain equipment, routing, software and programming used by us are not directly owned or written by KVMVPS Moreover, we hold no responsibility for the use of our clients’ accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as we see fit.

Refunds & Cancellations

b. Potential or existing customers may not use our products and services for any of the following and if done so, services shall be suspended immediately.

i. Performing Illegal Activities i.e Fraud, Hacking, Scripting, Intruding on the privacy of others, Computer Infections, Human Trafficking, Illegal Substances, Money Laundering and other such illegal activities.

ii. Resell any of our products without permission.

iii. Hosting Illegal Content i.e Child Pornography, Phishing Websites/Services, Unauthorised Product Giveaway

If you wish to know about anything to do with our TOS or any additional information about our policy's, e-mail [email protected] with your enquiry

By using KVMVPS , you agree to the Terms of Service above and accept that any high-usage virtual servers on your account will have the extra charges added on top. We may update our TOS at any time without notifying our clients so you should check this page regularly for updates!

Refund Policy

If you are not completely satisfied for any reason at any point in time during the first 48 Hours from purchasing a WebHosting Package from KVMVPS s/KVMVPS Host's Order Form, a partial refund will be issued to the Customer. The partial Refund does not include any additional or upgrades that were purchased after the intial purchase. The 30 day Money Back Guarantee does not apply to any Customer who has violated this Terms of Service or Privacy Policy. The 48 Hour Money Back Guarantee does not apply to Virtual Private Servers, any additional items or services that may of been purchased during the time in which you have purchased a webhosting Package from KVMVPS , these may include but not limited to; Additional Package resources (memory, hard drive space, bandwidth), domains, Ips, website design). The 48 Hour Money Back Guarantee does not apply to any Customer who has previously closed or terminated their webhosting Package. Applying for the 48 Hour Money Back Guarantee must be completed within Seven (3) days of cancelling a KVMVPS Webhosting Package. The 48 Hour Money back Guarantee does not apply for dedicated server packages.Virtual servers will have no refunds.KVMVPS reserves the right to determine, in its sole and absolute discretion what constitutes and what amount constitutes the 30 Day Money Back Guarantee Refund. No refunds will be given for any chargeback disputes opened against KVMVPS or TierVM.

Domain Names

Domains are non-refundable. If you purchased hosting with your domain name, we will refund the hosting as stated in the "Web Hosting Services" section of this document.If you have purchased "Reseller/Shared Hosting" and the domain was included with the service if you cancel your order/get suspended your domain name will be redirected to our website.

If you require any more information, send an email to [email protected] or submit a support ticket via the client area.


Business Hours: 7 AM - 10 PM Est Monday - Saturday, Sunday - 10 AM - 5 PM Est.

Contacting us

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at:
KVMVPS
www.KVMVPS.us

Be sure to read our Terms Of service vigilantly.