VPS Service Agreement

VPS Service Agreement

This Agreement, by and between You (Hereinafter referred to as "Customer"), and AttractSoft GmbH, duly authorized and existing under the laws of Germany and EU (Registration No.: HRB 7963 KI) with its offices located at Schauenburgerstr. 116, 24118 Kiel, Germany (hereinafter referred to as "Service Provider"):

  1. AGREEMENT

    1. In consideration of the mutual covenants contained herein, the parties agree with the following:

  2. PURPOSE

    1. The purpose of this Agreement is to define the terms under which the Service Provider will provide the Customer with VPS(Virtual Private Server) Hosting Services, defined as:

      1. physical space within the Service Provider's Network Operations Center to house a Service Provider-owned and supplied computer system and other equipment as may be required and identified within this Agreement, hereinafter called the Customer's Server,

      2. limited physical access to the Customer's Server and

      3. a connection of the Customer's Server to the Internet using the Service Provider's public network connections.

    2. This Agreement does not include additional services such as monitoring, managed services, backup service, managed firewall services and Operating System maintenance.

  3. EFFECTIVENESS, TERM AND RENEWAL

    1. This Agreement shall become effective when Customer purchase VPS. This Customer Agreement shall remain in effect until the services provided herein are terminated, changed or canceled as allowed by the terms and conditions as contained herein.

    2. The Customer will be notified prior to the VPS service expiration. In case the service is not renewed the VPS service will be terminated.

    3. The Customer agrees and understands that Service Provider keeps the VPS one week after the service is terminated. After this period Service Provider has the right to remove(delete) Customer's data on the VPS.

  4. CUSTOMER'S SERVER AND USE RESPONSIBILITIES

    1. The Customer's Server may provide services to a Customer and/or his/her customers, or the general public, for any legal purpose whatsoever, provided that:

    2. The Customer's Server may deliver only those network services specifically disclosed and agreed to herein. The Customer's server shall not be used as a spam mail relay and the Customer shall ensure that such service is Shutdown and,

    3. The Customer's Server shall not exceed the agreed Bandwidth limits, or provide services to others which might result in excessive usage of the agreed Bandwidth limits, regardless of whether such useage is in the ordinary course of business or results from any unauthorized hacking or use of the Customer's Server. Should Customer exceeds his/her allotted Bandwidth for any reason whatsoever, the Customer will have to pay for the additional Bandwidth, at the rate and terms defined in the current Service Provider price list, and

    4. The Customer shall not utilize his/her Server for the delivery of unsolicited e-mail (spamming) or the spreading of viruses and,

    5. The Customer is expressly prohibited from, and shall not use the Server or the Service Provider's network to, violate the security of any computer (or) network, crack passwords or security encryption codes, or transfer or serve any illegal material(s).

    6. All services provided by the Service Provider under this Agreement extend to the Customer only, and do not extend to any other person, corporation or entity, regardless of their relationship with Customer and under no circumstances will the Service Provider be obliged to support third parties.

    7. The Customer may resell space on the Customer's Server as well as its bandwidth to third parties, provided that the Customer does NOT:

      1. allow third party to access administration or root accounts,

      2. use such service to provide dial-in or general Internet TCP/IP Access,

      3. provide or divulge login names or passwords, provided to Customer by the Service Provider, to third parties and

      4. allow any such use which is in violation of this Agreement.

    8. The Customer and all other third parties accessing or using the Customer's Server shall abide by all of the rules, regulations and policies of the Service Provider's, as well as other networks and computer systems accessed via the Customer's server, whether operated by The Service Provider, its suppliers or others. If the Customer is unsure of those policies, it is the Customer's responsibility to ascertain said policies. The Customer agrees to indemnify and hold The Service Provider harmless from any claims resulting from the Customer's use of the service that damages either the Customer or another party or parties.

    9. Server should not host sites that provide any content, points of distribution, or 'links' to sites that:

      1. Infringe on any third party`s intellectual property or proprietary rights, or rights of publicity or privacy;

      2. Violate any law, statute, ordinance or regulation;

      3. Are defamatory, trade libelous, threatening, unlawfully harassing, abusive, pornographic or obscene;

      4. Contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software/programs that may damage the operation of a third party`s computer or property;

      5. Contain Proxy, Pirated or Hacking / Phreaking Software (Warez). Moreover, any software that is copyrighted and not freely available for distribution without cost, ROMs, ROM Emulators and Mpeg Layer 3 files (MP3) - all fall under this jurisdiction. This includes also Torent sites or links to Torent sites;

      6. Sites related or directly providing escort services;

      7. Display/distribute Adult content as well as any erotic or pornographic material, links to adult sites, or advertisements for adult sites;

  5. CUSTOMER RESPONSIBILITIES FOR EQUIPMENT, APPLICATIONS AND DATA

    1. The Customer is totally responsible for the ongoing stability and the operation of the Customer's application and server. Any assistance by the Service Provider staff may result in additional fees.

    2. Unless contracted by a separate Agreement, in writing, under no circumstances shall The Service Provider assume responsibility for the loss of information on the Customer's Server. The Customer is responsible for all secure backups of all data on the Customer's Server, and is responsible for rebuilding their environment in the event of loss of this information caused by failure of the server, or by any act, by any party, whether accidental or intentional. The customer has the option of hiring the Service Provider for restoration of services at an additional fee. The customer is responsible for providing the Service Provider with a reliable 24-hour contact in order to be notified in the event of a failure or downtime for maintenance.

    3. The Customer shall provide The Service Provider with a list, and replacement value, detailing any and all additional equipment and software that is installed, or to be installed, on the Customer's Server in the Service Provider's Network Operations Center.

    4. The Customer shall fully insure additional software and hardware installed on Customer's server against all risk of loss, including without limitation, theft, fire, water and earthquake damage. The Customer is advised to purchase business interruption insurance to protect against lost revenue from Customer's server in case of prolonged disruption of services or catastrophe.

  6. PAYMENT AND CHARGES

    1. The Customer is responsible for any and all fixed and accumulative charges for their account as, defined in the current the Service Provider price list.

    2. The account setup fee and the first month (30 days) service are charged immediately upon the execution of this Agreement. Once the Customer's Server is installed and operational, the thirty (30) day period begins. Thereafter, hosting fees are billed on a monthly basis. The first such invoice may include appropriate charges or credits to prorate the service period to the end of the month. Incidental support or additional fees will be charged as the service is performed.

    3. Invoices for Hosting Services are invoiced and payable in advance for the term of the Hosting Services. Hosting Services are subject to suspension for any account thirty (30) or more days past due and become subject to a re-activation fee. The Service Provider may impose a late charge on invoiced amounts over 30 days outstanding equal to 1.5% per month of the unpaid until the entire balance is paid in full.

    4. The Service Provider agrees to notify the Customer at least thirty (30) days in advance of any price increase which affects any services provided to the Customer under this Agreement.

  7. SERVICE GUARANTEES

    1. AWARDSPACE.COM guarantees 99.9% network uptime and server stability. This, however, does not refer to problems stemming from:

      1. Server Hardware Breakdown;

      2. User error(s) or purposeful interruption(s) of the user service (e.g. if the client shuts his/her own server down, AWARDSPACE.COM is not responsible for the downtime);

      3. Failure due to software that is not explicitly supported by AWARDSPACE.COM. If a hardware crash provoked by the Customer consequently happens, AWARDSPACE.COM is beyond the control and responsibility for the resulting downtime.

  8. REFUNDS AND CANCELLATIONS

    All customers should abide by the following verification procedure.

    1. Services are distibuted by AWARDSPACE.COM and provided by AttractSoft GmbH. By signing up for these services you agree that you will be charged the respective amount for these services by the respective merchant provider under vendor name AttractSoft GmbH. When signing up for a web hosting service with AWARDSPACE.COM, customers agree to all specified Terms in this document. Thus, AWARDSPACE.COM will utilize this document as an evidence for the customer's agreement in cases of a chargeback inquiry on behalf of the customer based on points that the client tries to refute after he accepted them at the time of the order.

    2. AWARDSPACE.COM will charge customers with fees based on the fee structure at the time of the sign-up process. AWARDSPACE.COM reserves the right to introduce changes to the packages when needed regarding price and set of features. This means that the current price list may differ from the pricing and features of the customer's account.

    3. AWARDSPACE.COM offers a 30-day money back guarantee. If you are not satisfied with our hosting service within the time frame of 30 days after you purchased the account, you need to contact our Sales Department and you will receive a full refund for your virtual private server. The 30 day money back guarantee does not apply for additionally paid services like VPS upgrades, domain registrations/transfers, etc.

      In case of bank wire refunds, a fee of $10 is calculated and the reverse bank wire is being sent at the client's expense. To process the reverse bank wire we need you to submit(over trouble ticket) the following details: Last name, First name or Company name and BIC.

    4. Chargebacks are not accepted as a way of refunding. Any client who provokes a credit card chargeback of an order will be a subject to collections and legal actions. He/she will be charged $30.00 USD, because when signing up with AWARDSPACE.COM, customers accept these terms and conditions, thus agreeing to observe them strictly.

  9. LIMITATION OF LIABILITY

    1. The Service Provider exercises no control whatsoever over the content of the information passing through its network. The Service Provider makes no warranties of any kind, whether expressed or implied, for the service(s) it is providing. The Service Provider also disclaims any warranty of merchantability or fitness for a particular purpose. The Service Provider will not be responsible for any damage you might suffer. This includes the loss of data resulting from delays, non-deliveries, miss-deliveries, or service interruptions caused by its own negligence, omission or your errors or omissions. Use of any information obtained via the Service Provider's network is at your own risk. The Service Provider specifically denies any responsibility for the accuracy or quality of information obtained through its services.

    2. The Service Provider's liability hereunder for any losses or damages suffered by Customer or his/her customers with respect to the products and services or any other item under this Customer Agreement, whether direct or indirect, from any cause whatsoever, shall be limited to the amount paid by the Customer to the Service Provider for products and services ordered hereunder for a single billing period only. The Service Provider shall not be liable for any lost profits or for any claim or demand against the Customer by any other party based on any expressed, implied or claimed warranties by the Service Provider not specifically set forth in this Agreement.

    3. The Service Provider cannot be held responsible for the content of pages hosted under our service. AWARDSPACE.COM cannot be held liable for any damages or lost profits from copyright infringments or unauthorized content reproduction hosted on our platform as a standalone user domain or as a subdomain under our utility domains, including but not limited to the following utility domains: onlinewebshop.net, myartsonline.com, mygamesonline.org, mypressonline.com, getenjoyment.net, medianewsonline.com, scienceontheweb.net, mywebcommunity.org, sportsontheweb.net, atwebpages.com. The service provider does not review pages for content before they are posted, and does not verify, endorse or otherwise take responsibility for the contents of any user-created pages. However, we reserve the right to remove any page from our servers which we determine is in violation of our rules and guidelines. Users are solely responsible for all files contained in their own directory, and can be held legally liable for the contents of their web site.

    4. IN NO EVENT SHALL THE SERVICE PROVIDER BE LIABLE FOR CONSEQUENTIAL DAMAGES EVEN IF THE SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    5. No action, regardless of form, arising out of this or any other Service Provider Agreement or transactions contemplated herein or therein, may be brought by the Customer after more than one (1) year since the cause of action has occurred.

    6. Customer shall indemnify, defend and hold harmless the Service Provider, its directors, employees and agents from any action brought against them by any third-party in connection with this Agreement, or any other Agreement between Customer and a third-party from any claims resulting from the use of the service by you or any of your customers or others throughout your chain of distribution, including end-users. Customer shall pay all damages and reasonable attorney fees arising as a result of Customer's use or misuse of any rights granted herein.

    7. In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to, the Site or the Services (collectively "Feedback"), you agree we may use the Feedback to modify our products and services and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Site or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.

  10. COMPLIANCE WITH LAWS

    1. Customer shall at any time comply with all applicable laws and regulations of Germany and EU and all other governmental entities governing, restricting or otherwise pertaining to the use, distribution, exporting or import of data, products, services and/or technical data.

    2. The Service Provider's network may only be used for lawful purposes. Transmission of any material in violation of any German, EU or other governmental regulation is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret.

  11. TERMINATION

    1. The Service Provider shall have the right to immediately suspend or terminate this Agreement during any investigation of Acceptable Use Policy or Agreement violations, misrepresentation of the services offered by Customer's Server, inappropriate use, use of excessive system or network resources which adversely affects the performance, security or reliability of the Service Provider network, or nonpayment of service fees. In the event that the Service Provider suspends or cancels service, the Service Provider will make a reasonable effort to notify the emergency contact supplied by the Customer, prior to the actual event.

    2. The Service Provider shall have the right to suspend or terminate this Agreement for any reason, by providing the Customer with written notice.

    3. The Customer can only cancel Services with a written notice sent to the address of the Service Provider in this Agreement. The Customer agrees that the Service Provider has the right to delete all data, files or other information that is stored on the Customer's servers, on behalf of the Customer, if either the Customer or the Service Provider cancels this account, for any reason.

  12. MISCELLANEOUS PROVISIONS

    1. This Customer Agreement is being executed by the Customer at the address provided for herein, and by the Service Provider in Kiel Germany, and is governed by, and shall be construed in accordance with the laws of Germany and EU.

    2. If any sentence, paragraph, clause or combination of the same in this Customer Agreement is held by a court or other governmental body of competent jurisdiction to be unenforceable, invalid or illegal in any jurisdiction, such sentence, paragraph, clause or combination shall be deemed deleted from this Customer Agreement and the remainder of this Customer Agreement shall remain binding on the parties as if such unenforceable, invalid or illegal sentence, paragraph, clause or combination had not been contained herein.

    3. In the event litigation is required to force compliance with, or address any breach of this Agreement, the parties agree that the prevailing party shall be entitled to attorneys' fees and costs actually incurred.

    4. Relationship. Nothing in this Customer Agreement or to be done pursuant to its terms and conditions is intended to, or shall, create a partnership or joint venture, for tax purposes or otherwise, between the Service Provider and Customer. Customer is and shall remain fully and solely responsible for all of its employees and assumes full responsibility for all costs and liabilities incurred in connection with the termination of such employees for any reason whatsoever.

  13. MODIFICATION

    1. This Agreement shall constitute the entire Agreement between Customer and the Service Provider pertaining to Customer's server. This Agreement shall not be modified or altered except by a written instrument duly executed by Customer and by an authorized officer of the Service Provider.