1. APPROPRIATE USE OF THE SERVICES.
You agree to the terms of our Acceptable Use Policy, which are stated at in full at http://platinumvps.com/acceptable-use-policy. Platinum VPS shall be entitled to immediately terminate this Agreement if Platinum VPS determines that your account is in violation of portion of its Acceptable Use Policy.
2. PAYMENT OBLIGATIONS
All services provided by Platinum VPS are due and payable in advance of services being provided. Platinum VPS accepts payments through the Verified PAYPAL account only. Any invoices you receive should be considered due upon receipt.
Any invoices that have not been paid within 10 days of being delivered via email will be considered overdue, and also your account will be considered unsettled. In case your account be considered unsettled, we will contact you via email to request payment. If payment is not rendered in 2 business days after a request for payment, your account will be suspended. If your account is suspended, you need to pay any balance due and also a $50 re-connection fee to Platinum VPS for service restore. In case it requires more than one hour to reactivate your account, any additional time required will be billable at $150 per hour, in 15 minute increments.
Billing disputes must be made in writing within 30 days from the original invoice date. Any disputes after the initial 30 days will be considered null and void. Courtesy invoices are supplied via e-mail on the recurring billing date. It is the client’s responsibility to verify that the charges are appropriate and submit any disputes immediately.
If Client chooses to register a domain name(s) through Platinum VPS, Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. Platinum VPS does not offer refunds for domain name registrations for any reason, including misspelling of the domain name.
Should Platinum VPS be required to retain professional services in direct relation to client’s site (such as law enforcement / IRS / legal actions), client shall be responsible for all third party expenses, in addition to administrative fees incurred by Platinum VPS.
Platinum VPS shall be entitled to immediately terminate this Agreement for Client’s failure to make timely payments to Platinum VPS.
3. CLIENT LIABILITY AND INDEMNIFICATION
The parties agree that in no event shall Platinum VPS be liable to any third party for Client’s breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless Platinum VPS from any and all expenses, losses, liabilities, damages or third party claims resulting from Client’s breach or alleged breach of any Client obligations set forth hereunder.
4. TERM, TERMINATION, REINSTATEMENT
Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the “Term”) unless terminated earlier pursuant to the violation of policy. Either party will have the right to terminate this Agreement upon notice to the other party. If Client is terminating this Agreement, Client must email firstname.lastname@example.org. All cancellation requests must be received one business day before the end of your term.
Platinum VPS provides a full 7 days satisfaction guarantee with all virtual and cloud hosting accounts. If you should be unhappy with any virtual or cloud hosting account within 7 days, a full refund will be issued within 72 hours, minus any AUP violations and overages.
Client will pay and indemnify and hold Platinum VPS harmless from any and all taxes associated with or arising from Client’s use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.
5. DISCLAIMER OF WARRANTY
THE SERVICES, THE PLATINUM VPS SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE PLATINUM VPS SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN ‘AS IS’ BASIS AND WITHOUT WARRANTY OF ANY KIND. PLATINUM VPS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PLATINUM VPS SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
6. LIMITATION OF LIABILITY
IN NO EVENT SHALL PLATINUM VPS BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE PLATINUM VPS SITE OR ANY PLATINUM VPS PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HERE UNDER. IN NO EVENT SHALL PLATINUM VPS CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($500 US).
7. LAWFUL PURPOSE
Platinum VPS reserves the right to refuse service to anyone. Customers may only use Platinum VPS’s server 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 Platinum VPS management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in Northvale, New Jersy, and any dispute will be litigated or arbitrated in Northvale, New Jersy. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Jersy City courts.
8. DATA LOSS
Platinum VPS is not responsible for any data loss. Customers are strongly encouraged to and are responsible for keeping local backup files of all sites. Any backup services provided by Platinum VPS are at our discretion and are not guaranteed unless otherwise specified under separate contract. Restoration of files from backup may incur restoration fees.
9. BANDWIDTH AND STORAGE USAGE
You agree that use of the Services under this Agreement will not exceed the bandwidth and storage usage limits set out. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month, it will be considered as a violation of this agreement. Any violation of this agreement may result in corrective action by Company, including assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in Company’s sole and absolute discretion. If Company takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.
10. CPU Usage
Customer agrees that Customer shall not use excessive amounts of CPU processing on any of Company’s servers. Any violation of this policy may result in corrective action by Company, including assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in Company’s sole and absolute discretion. If Company takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by Platinum VPS. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys’ fees. This Agreement is made under and shall be governed by the laws of the United States of America, except with regard to it’s conflict of law rules. This Agreement and Platinum VPS policies are subject to change by Platinum VPS without notice. Continued usage of the Services after a change to this Agreement by Platinum VPS or after a new policy is implemented and posted on the Platinum VPS Site constitutes your acceptance of such change or policy. We encourage you to regularly check the Platinum VPS Site for any changes or additions.