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TERMS OF SERVICE, ACCEPTABLE USE POLICY, SERVICE LEVEL AGREEMENT:
Money Back Guarantee
All accounts have a money back guarantee, upon cancellation within 5 days of payment, if the account holder is not satisfied for any reason. The amount refunded will be the dollar amount paid to BuyAVPS, LLC, by the account holder, and to the bank account, credit or debit card or Paypal account the payment was originally paid from. Software license fees and labor/management fees are not refundable and not covered under this guarantee.
You may cancel your account at anytime and request a pro-rated refund. Refunds for accounts cancelled after the first 5 days will be granted on the unused portion of the account. Partial months used will not be refunded. Any bandwidth overage will be deducted before refund is granted. In other words, BuyAVPS, LLC will refund you ONLY for the full months that you have not used and that you have prepaid for. To cancel your account, and request a refund, you must submit a request via our online HelpDesk.
Dedicated servers are not covered under any money back guarantee. Dedicated server cancellations must be submitted to our online HelpDesk at least 7 days before your next invoice is due or you will be charged for an additional month. There are no partial refunds given for early termination.
If, at any time, a chargeback is issued through your credit card company, bank or Paypal (including Paypal disputes) we will immediately suspend all services listed on your billing account, including services not covered under the chargeback or dispute.
Billing and Payment Cycles
BuyAVPS, LLC does NOT store credit card information and does NOT automatically charge you for services. You are responsible for logging into your Client Area to submit payment at the end of each billing cycle. Invoices are emailed, to the email address that you have on file with us in your Client Area, approximately 2 weeks before your billing cycle ends. We accept most major credit cards as well as Paypal and electronic check payment.
IMPORTANT: You can choose to pay your invoices with Paypal Subscription service. With a Paypal Subscription, you are telling Paypal to send us a certain amount of money on a certain date - UNTIL YOU TELL THEM TO STOP PAYING US. If you accidentally set up two Paypal Subscriptions, then Paypal will pay us twice. We have no way to "take" money from your Paypal account. If you accidentally overpay us via Paypal Subscription, you need to cancel your Paypal Subscriptions from within your Paypal account and contact us immediately. AxisHOST.com, Inc. will only refund ONE Paypal Subscription overpayment - all others will be credited to your billing account for future payments. If you cancel and still have Paypal Subscription credits left, you will lose those credits.
Contact Information
You are responsible for making sure that we have your current and correct contact information on file, by frequently logging into your billing account. We reserve the right to send announcements and invoices relating to your account(s). No more than twice a month we may email you information on promotions or discounts relevant to services we offer. We ask that you not report these messages as spam to spamcop or any other similar service, because that makes more work for us and less benefits for other customers. Doing so may be considered grounds for termination of your account. AxisHOST will NOT give your email address or any other contact information to any third party except under the direction of law enforcement officials.
Liability
We will make every reasonable attempt to avoid unexpected downtime and to ensure that all accounts are well taken care of. You agree that any network problem, equipment/hardware failure, data backup and storage or outage will not be grounds for reimbursement for any subsequent financial damages or losses. All account data backups are the account holder's responsibility. Accounts should not be used for mission critical websites or email that require absolute redundancy. Managed accounts are not guaranteed against any hacking attempt, denial of service attack, security breech, data loss, hardware problems, loss of use, loss of income and/or any unspecified general failures and any such incident. By using the services of BuyAVPS, LLC, you agree that you will make no claim or attempt to collect for reimbursement of any financial loss or hardship related to using these services. If you need fail safe hosting services, contact us for special arrangements and related contracts.
Acceptable Use Policy
You shall not use your BuyAVPS, LLC account to:
- Send unsolicited commercial or bulk email, as defined by BuyAVPS, LLC,* to any party for any reason which may or may not result in a complaint.
- Access, or attempt to access a computer or network resource that you are not authorized to access.
- Distribute, or make available in any way to any party intellectual property that requires some method of authorization to sell or distribute, which you do not have.
- Store, transmit, create, or examine any pictures, realistic or not, of humans, anthropomorphic depictions of human-like creatures, or images suggesting humans that are under the age of 18 years in an either implied or actual pornographic picture.
- Forge email headers or TCP/IP packet headers or engage in spoofing.
- Distribute worms, trojans, or viruses, or commit or attempt to commit any denial of service attack against any computer, network, or individual.
- Violate export controls on any software or intellectual property.
- IRC access is forbidden
- War Bots/X-DCC are not allowed
- No bouncers are allowed
- Shell hosting companies can not be run from our service
- Use any peer to peer programs.
- Host game servers such as CounterStrike, Half Life 2 and similar are not allowed due to the amount of CPU
resources they take
- Run a proxy service
If you are unsure if what you are doing is against our TOS, contact us. There are no refunds granted for accounts terminated due to TOS violation.
*Unsolicited is defined, by BuyAVPS, LLC. as: E-mail sent to recipients who have not asked to be contacted by you or Usenet postings (that are cross-posted to more than three newsgroups and/or posted in newsgroups where this is against that groups FAQ or charter), for the sole purpose of promoting a website or commercial business on our servers. This includes emails sent from our servers to promote a website hosted outside of our network.
Excessive Bandwidth Use
If your account, with BuyAVPS, LLC, goes over the bandwidth allowance set for that account, you agree to upgrade your account and pay for that overage. We reserve the right to suspend any accounts that go over the purchased plan's bandwidth limit.
Account Termination and Suspension
Violation of any of our Terms of Services will be grounds for immediate account termination. Accounts hosting materials deemed offensive, pornographic or racially degrading, by BuyAVPS, LLC, will be removed from our servers without notice. Abusive behavior towards the BuyAVPS, LLC staff, will not be tolerated and is grounds for immediate account termination. Any threats of legal action involving BuyAVPS, LLC, its owners and/or staff will be grounds for immediate termination. Web sites promoting, making available or otherwise contributing to software piracy, hacking, spamming, denial of service attacks and/or damage to commercial networks or servers will be removed from our servers without notice and illegal acts will be reported and prosecuted.
Accounts using up enough server resources, to slow or crash a server, will be shut down without prior notice. If you are the subject of a Denial of Service attack, BuyAVPS, LLC reserves the right to suspend your account to limit the attack. If you are found to have caused the DDOS your account may be suspended or terminated. If an account is shut down, due to server resource issues, we will (upon request) make a reasonable effort to help get the account unsuspended. We will not debug your software programs or spend time tracking down why your account was causing problems. It is your responsibility to keep your account under control.
Accounts are suspended immediately if an invoice goes 3 days past due (dedicated servers have no grace period) and terminated shortly after. If you need to make payment arrangements, or if your account has been suspended, please contact us immediately.
Amendments
This Terms of Service agreement may be amended, at any time, at the discretion of BuyAVPS, LLC. Notification of amendments will be emailed to the address we have on file in billing and posted to our website. All accounts are required to comply with any changes made to these policies unless an account cancellation is requested within 3 days of the Terms of Service amendment. You are required to keep a valid and current email address on file with us, in your billing account. We are not responsible for lost or misdirected email. We strongly suggest you check our website frequently for updates to this Terms of Service agreement.
Service Level Agreement (SLA)
99.99% Network Uptime Guarantee
In the event that network connectivity for your contracted services is unavailable for more than 0.01% of time in any calendar month, one full day's service credit will be awarded for each hour of downtime beyond the 0.01% threshold. The maximum credit awarded in any calendar month will not exceed 100% of that month's service fees.
Packet Loss over the Internet
BuyAVPS, LLC guarantees less than 1% average packet loss over the internet within the continental United States. Packet Loss is calculated by averaging measurements between various points on the BuyAVPS, LLC network during the calendar month. If our average packet loss is more than 1% in the US over a one month period, one full weeks's service credit will be awarded.
Latency over the Internet
BuyAVPS, LLC guarantees that the average monthly latency for round-trip transmissions will be 85 milliseconds or less within the continental United States. Latency is calculated by averaging measurements between various points on the BuyAVPS, LLC network during the calendar month. If our average latency exceeds 85 millisecond over a one month period, one full week's service credit will be awarded.
Exceptions
Customer shall not receive any credits under this SLA in connection with any failure or deficiency if caused by or associated with:
Circumstances beyond BuyAVPS, LLC's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications, upstream providers or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the service level agreement.
Failure of access unless such failure is caused solely by BuyAVPS, LLC's scheduled and emergency maintenance and upgrades. DNS issues outside the direct control of BuyAVPS, LLC.
Claims
All claims for credit under this guarantee must be submitted to the BuyAVPS, LLC customer server HelpDesk and should be received no later than 7 days after the incident to which they relate. Customer must be current on all invoices in order to receive credit and all SLA credits will be applied to future invoices and will not be issued as a refund.
Definitions
Accounts: Virtual Private Server (VPS), Individual or Reseller hosting accounts setup on a server with other BuyAVPS, LLC customers or Private Dedicated Servers. Includes both managed and unmanaged services.
You/your: All BuyAVPS, LLC customers and potential customers considering signing up for hosting account or dedicated server services with BuyAVPS, LLC.
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