Terms and Conditions

In this Contract, the party who is to receive services will be referred to as "Customer," and the party who will be providing the services will be referred to as "VPS Center, Inc." This agreement is between VPS Center, Inc. ("VPS Center, Inc.") and the Customer ("customer") to provide web site hosting and/or VPS hosting ("Hosting") on VPS Center, Inc.'s network of shared and dedicated servers.

VPS Center, Inc. reserves the right to change pricing with thirty (30) days notice.

VPS Center, Inc. will provide the hardware and system administration necessary to provide World Wide Web access to the Internet community.

Customer understands and agrees that VPS Center, Inc. will make every effort to keep our network of servers running continuously. However, our servers will, from time-to-time, be disconnected due to routine maintenance, upgrades and other required events. VPS Center, Inc. will make its best effort to keep all information on our servers backed-up. However, we recommend that Customer maintain a separate back-up of any of Customer's information posted to our servers. VPS Center, Inc. is not responsible for lost material or information.

VPS Center, Inc. will also make its best effort to maintain security on our network of servers. However, Customer understands that the nature of the Web and the Internet is not secure by default.

Customer assumes responsibility for the appropriate use of hypertext based security within the Customer's scripts and directories.

VPS Center, Inc. shall not be liable for any loss of business, lost profits, lost data, failure of security or any or all indirect or consequential damages whether or not such damages are foreseeable. In addition, Customer assumes full responsibility for all content posted to VPS Center, Inc.'s servers on Customer's behalf, including any trademark, copyright, patent or other intellectual property submitted to VPS Center, Inc. for either creative services and/or straight posting to our servers. VPS Center, Inc. reserves the right to remove any material which, in its sole opinion, may result in a violation of intellectual property rights of others or any other applicable Federal, State, Common, International laws or regulations.

VPS Center, Inc. and Customer may cancel this agreement at any time with written notice. In the event that this contract is cancelled by VPS Center, Inc., for reasons other than the violation of these restrictions by Customer, Customer will be granted a pro-rated refund of any unused portion of the hosting fees for the billing period. Unused portions are deemed to be those which have been prepaid and which have not been used, in whole or in part, during the month in which the cancellation is physically received by VPS Center, Inc. Specific cancellation and refund restrictions may apply for specific hosting plans and for design work. Domain registration fees are non-refundable. In the event that this contract is cancelled by the customer, the customer agrees that there is no pro-rated refund due. Customer acknowledges that these terms and conditions are subject to change without notice.

Customer's continued use of VPS Center, Inc. services constitutes customer acceptance of these and any and all modified terms. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California, United States of America, and the courts of the judicial district of Los Angeles County shall have exclusive jurisdiction in respect of any proceeding in connection with this Agreement.

Customer agrees that complementary trials are limited one per person. If Customer's trial runs out, they may NOT sign up for a new trial, but must purchase a regular paid subscription. Customers found doing so may have their subscriptions terminated without notice, their accounts deleted without notice and IP numbers banned from connecting to any VPS Center, Inc. owned network.

Customer agrees that their monthly recurring hosting fee is partly based upon the amount of bandwidth their account utilizes. Customer further agrees to pay an overage fee of $3.00 USD per Gigabyte that this limit is exceeded.

Acceptable Use Policy

VPS Center, Inc. reserves the right to suspend or cancel a customer's access to any or all services provided by VPS Center, Inc. when VPS Center, Inc., in VPS Center, Inc.'s sole opinion, decides that the account has been inappropriately used.

Unauthorized use of other peoples' accounts or computers will result in immediate termination of your account. Any unauthorized use of accounts or computers by Customer, whether or not the attacked account or computer belongs to VPS Center, Inc., will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, according to the seriousness of the attack.

VPS Center, Inc. forbids any server use for distribution, storing, processing, linking to or otherwise handling in any way the following:

Illegal Material: This includes copyrighted works of which the customer does not own the copyright, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation.

Warez, Hacking, et. al.: Includes, but not limited to, pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing, etc., and encrypting of any of the above. If we find any compiled or uncompiled exploits on a Customer's filesystem, the account will be terminated immediately.

IRC services: Includes IRC servers that connect to public IRC networks, BNCs, etc...

Adult Material: Sorry, no pornography sites.

SPAM: Unsolicited commercial advertisements are not allowed in email, and will result in account suspension or cancellation. Commercial advertisements are unwelcome in most Usenet discussion groups and on most email mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such. Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. Email is a person-to-person medium, not a broadcast medium.

Cancellation

VPS Center, Inc. reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and refunded by VPS Center if VPS Center, Inc. institutes its right of cancellation for reasons other than violation of these restrictions by Customer. If cancellation is caused by Customer's violation of these policies, then no refund is due.

Customer can cancel service any time.

Lawful Purpose

VPS Center, Inc. reserves the right to refuse service to anyone. Customers may only use VPS Center, Inc.' s servers for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of VPS Center, Inc..

Indemnification

Customer agrees that it shall defend, indemnify, save and hold VPS Center, Inc. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against VPS Center, Inc., its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless VPS Center, Inc. against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with VPS Center, Inc.'s servesr; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from VPS Center, Inc.'s servers.