Terms & Conditions

Updated on September 7th, 2010

This document describes the service that is offered, charges for the services and actions that are prohibited.

The Provider

IntoVPS hosting service is operated by Elvsoft Ltd, Cluj-Napoca, Romania and will be referred as "Provider" or "IntoVPS".

The Customer

Customer represents and warrants that, if an individual, Customer is at least 18 years old and otherwise legally competent in all respects to, or, if an entity, Customer is a corporation, limited liability company, partnership, or other legal entity duly formed and in good standing, as applicable, and possesses all legal authority and power to accept and be bound by these Terms. Further, Customer represents and warrants all information provided by Customer to IntoVPS has been and is complete, accurate, and current, and that Customer shall continue to provide complete, accurate and current information to IntoVPS in connection with all registration or renewal processes and further agrees to update all such information as necessary to maintain complete, accurate and current information. Although customers of paid services offered through IntoVPS must be at least 18 years of age and otherwise legally competent to accept and be legally bound by these Term, a parent or legal guardian of a minor may obtain an account on the minor's behalf, and by doing so, consents to such minor's use of the Services. Subscribing parents and legal guardians each for herself or himself, as applicable, accept and agree to be legally bound by these Terms, and assume full responsibility and liability associated with any failure of compliance with the Terms in connection with said minor's use of any of the Services.

The provider does not accept anonymous customers. All Customer's information must be complete, accurate and current. Customers that deliberately provide false name and/or address information will find their accounts terminated immediately and no refund will be provided.

The Provider is entitled to ask for a scanned official identification document that is issued by the Customer's government and certifies Customer's identify and/or a utility bill issued on the name of the Customer. This may be required by the Provider in order to perform fraud and security checks.

Software license and rights

If and to the extent that you require use of the Provider's software in order to use the Services, the Provider grants to you a royalty-free, world-wide, non-transferable, non-exclusive license to use the Provider's software in object code form only. You have the right to authorize your employees, agents and third party consultants and contractors to use the Provider's software as aforesaid provided that such use is consistent with the terms of this agreement.

Save as expressly set out herein, this agreement does not:

You agree that you will not for yourself, or through any parent, subsidiary, affiliate, agent or other third party:

IP addresses

You acknowledge that you have no right, title or interest in the IP address allocated to you, and that any IP address allocated to you is allocated as part of the services and is not portable or otherwise transferable by you in any manner whatsoever. If an IP address is renumbered or reallocated by the Provider, the Provider shall use his reasonable endeavors to avoid any disruption to you.

You agree that you will have no right, title or interest to the IP address upon termination of this agreement, and that the acquisition by you of a new IP address for your VPS following termination of this agreement shall be your exclusive responsibility.

The Service

The Customer may terminate the service at any time with at least two days notice by contacting The Provider via email. All cancelations are processed in at most two days. Refunds will generally not be issued, unless the Provider considers that there are appropriate grounds for the request. The Provider does not offer refunds on any products under any circumstances. If applicable refunds will only be issued for the previous one month of service and exclude any control panel licensing fees.

The virtual private servers are offered as unmanaged service. The Provider obligations are limited to offering you the virtual private server access and will not configure, secure or do any software configuration on your virtual private server. Support is not offered for any software that will be offered by the Provider, nor for any software that you may install.

Should any part of your account be overdue the Provider reserve the right to suspend or cancel all services associated with your account.

Your contract with IntoVPS last and renews for the length of you billing period. For example if you pay every month then your contract is for one (1) month. If you pay every three (3) months, your contact lasts 3 months and so on. Should payment be late by greater than two (2) days we reserve the right to levy a late fee on your account of $10 or 5% whichever is higher. Beyond one (1) day late we will suspend your virtual server. After four (4) days your virtual server will be terminated.

For the purposes of this agreement "Downtime" means any service interruption of one minute or more in the availability to visitors of the Website pursuant to the Services, but only if the interruption is due to a default by the Provider resulting in power, network or hardware failure, but excluding software issues.

Outages, including emergency and previously scheduled windows for router, switch or server maintenance, are not to be included in downtime calculations. The Provider shall make all commercially reasonable efforts to provide you with previous email notification of all scheduled and emergency outages.

The Provider shall notify you of any report of Downtime, and investigate it using suitably qualified personnel, as soon as reasonably practicable after becoming aware of it, and shall remedy the downtime as soon as reasonably practicable.

Taxes

The prices presented on IntoVPS.com web site do not include taxes. Value added tax (VAT) of 24% applies for all orders made by Romanian customers and for all European Union customers that do not provide a valid VAT ID. For the rest of the countries the VAT does not apply.

Backups

The Provider does not make any backups of the customers' data. It is your responsibility, as a customer, to backup your data. The Provider does not accept any liability for any of your data whether being lost due to your failure to backup your data. This includes the event of hardware failures or any other reason for data being lost.

Service Level Agreement

The Provider provides customers with 99.9% uptime excluding planned maintenance. Uptime is considered to be when the server you are hosted on is accessible via IP address. This Service Level Agreement (SLA) does not cover downtime due to mistakes on the client behalf or due to account being suspended. In the event that this SLA is breached IntoVPS will refund up to 50% of the monthly fees at a rate of 10% of monthly fee for every 1% of downtime below 99.9%. Refund requests must be received at email within two days of the downtime.

Acceptable Use Policy

The Customer shall NOT use the services or the servers provided by the Provider to:

The Provider does not monitor, and will have no liability for the contents of, any communications transmitted by virtue of the services. Notwithstanding the aforesaid the Provider reserves the right to withdraw the service without compensation to the Customer in the event of a breach of the Acceptable Use Policy and any such breach shall be treated as a fundamental breach of contract.

CPU allocation

The Provider offers all virtual private servers the ability to burst the CPU usage to 4 cores of (at least) 2.67GHz each. The guaranteed level of CPU power is 1GHz for VPS Start and Small and 2GHz for VPS Medium and Large. The Provider reserves the right to limit the CPU power to the guaranteed level if the VPS is using large amounts of CPU power for sustained period of time.

Privacy Policy

The Provider respects the privacy of every individual who is our customer, visits our web sites, responds to our interactive advertisements or sends us e-mail. The information that we collect will be used according to the law. We may collect your information for processing your order, providing you the service or to improve our service.

Provider will not share the customers and web site visitors data with any third party.

Termination

The Provider reserves the right to terminate your account, and any future business relation with you, for any suitable reason at any time via email notification.

Force Majeure

IntoVPS will not be liable for delays in its performance of the Terms and Conditions or IntoVPS services caused by circumstances beyond IntoVPS' reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). IntoVPS will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due. Any waiver, modification, or amendment of any provision of the Terms and Conditions or other agreement for IntoVPS services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of IntoVPS.

Governing Law and Severability

The Terms and Conditions, and any other agreement for IntoVPS services, will be governed by and construed in accordance with the laws of Romania without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and IntoVPS will take place in Romania, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the Terms and Conditions or other IntoVPS agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the Terms and Conditions or the agreement will continue in full force and effect.

Exclusion of third party rights

The Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement (Terms and Conditions) and no person other than the parties to this agreement shall have any rights under it, nor shall it be enforceable under that Act by any person other than the parties.

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