Terms and Conditions
By using BeyondVPS services (this includes services offered directly at BeyondVPS.com and all of its subsidiaries) you accept and will be bound by the Terms and Conditions specified. These Terms and Conditions may be updated from time to time without any prior notification. If you do not agree to any subsequent changes in our Terms and Conditions, your only recourse is to cancel your account. It is your obligation to review these Terms and Conditions periodically. Please read these terms and conditions carefully before accepting. If you do not wish to be bound by these terms and conditions, you may not purchase or utilise our services.
Acceptable Usage Policy (AUP)
This AUP governs the use of BeyondVPS's web hosting service. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and BeyondVPS regarding the interpretation of this AUP, BeyondVPS's interpretation, in its reasonable commercial judgment, shall govern. This AUP is not intended to encompass all possible unacceptable uses of BeyondVPS's hosting services. Further to this, BeyondVPS reserves the right to determine what constitutes unacceptable use of BeyondVPS services and we reserve the right to take action at our sole discretion. If you have any questions regarding this AUP, contact us at support@BeyondVPS.com.
You may not publish or transmit via BeyondVPS's service any content that BeyondVPS reasonably believes:
- constitutes child pornography;
- constitutes pornography;
- is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
- is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
- is defamatory or violates a person's privacy;
- creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
- improperly exposes trade secrets or other confidential or proprietary information of another person;
- is intended to assist others in defeating technical copyright protections;
- clearly infringes on another person's trade or service mark, patent, or other property right;
- promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
- is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to BeyondVPS; or
- is otherwise malicious, fraudulent, or may result in retaliation against BeyondVPS by offended viewers.
Content "published or transmitted" via BeyondVPS's service includes Web content, e-mail, bulletin board postings, linking to, chat, and any other type of posting or transmission that relies on any Internet service provided by BeyondVPS.
You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.
Material Protected by Copyright
You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:
- you have been expressly authorised by the owner of the copyright for the work to copy the work in that manner;
- you are otherwise permitted by established United States copyright law to copy the work in that manner.
BeyondVPS will terminate the service of repeat copyright infringers.
Copyright Infringement Notice (Digital Millennium Copyright Act)
If you believe your copyright is being infringed by a person using the BeyondVPS network, please send your written notice of copyright infringement to:
BeyondVPS Legal Department
11 Harness Way
St Albans, Hertfordshire
Your notice must include the following:
- A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit BeyondVPS to locate the material;
- Information reasonably sufficient to permit BeyondVPS to contact you, such as an address, telephone number, and, if available, an e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, the copyright owner's agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
You must have valid and current information on file with your domain name registrar for any domain hosted on the BeyondVPS network.
You may not engage in illegal, abusive, or irresponsible behaviour, including:
- Unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to BeyondVPS and its customers) without express authorisation of the owner of the system or network;
- monitoring data or traffic on any network or system without the authorisation of the owner of the system or network;
- Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
- Use of an Internet account or computer without the owner's authorisation, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
- Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting;
- Any conduct that is likely to result in retaliation against the BeyondVPS's network;
- Linking or otherwise directing to other websites or illegal content; or
- Use of BeyondVPS's network in a way that unreasonably interferes with BeyondVPS's other customers use of the network.
Definition of Unmanaged
BeyondVPS operated a completely unmanaged service. This means that it is the clients responsibility to install any software on their server. This includes securing, optimising, maintaining, etc. We will provide support for issues caused by problems with our network and/or hardware nodes only.
Bandwidth overages are charged at $1.50 (GBP) per GB with a minimum of 10 GB. Customers will be expected to pay any overages and accounts will be disabled until payment made. We do allow customers to purchase extra bandwidth at a lower rate, but it must be done so prior to you exceeding your limit.
BeyondVPS is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers' activities and disclaims any responsibility for any misuse of the BeyondVPS network.
Inquiries regarding this policy should be directed to support@BeyondVPS.com.
BeyondVPS prohibits the use of BeyondVPS's services in any manner associated with the transmission, distribution or delivery of any unsolicited bulk or unsolicited commercial e-mail ("Spam"). You or your clients may not use any BeyondVPS services to send Spam. You or your clients also may not deliver Spam or cause Spam to be delivered to any of BeyondVPS's services or customers.
In addition, e-mail sent, or caused to be sent, to or through the BeyondVPS's services may not:
- use or contain invalid or forged headers;
- use or contain invalid or non-existent domain names;
- employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path;
- use other means of deceptive addressing;
- use a third party's internet domain name, or be relayed from or through a third party's equipment, without permission of the third party;
- contain false or misleading information in the subject line or otherwise contain false or misleading content;
BeyondVPS does not authorise the harvesting, mining or collection of e-mail addresses or other information. BeyondVPS does not permit or authorise others to use BeyondVPS services to collect, compile or obtain any information about its customers or subscribers, including but not limited to client e-mail addresses, which are BeyondVPS's confidential and proprietary information. Use of BeyondVPS services is also subject to BeyondVPS's Terms of Service.
BeyondVPS does not permit or authorise any attempt to use our Client Services in a manner that could damage, disable, overburden or impair any aspect of any of our Client Services, including the transmission of bulk e-mail whether to knowing or unknowing recipients.
If BeyondVPS believes that unauthorised or improper use is being made of any BeyondVPS service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. BeyondVPS may immediately terminate any account on any BeyondVPS server which it determines, in its sole discretion, is transmitting or is otherwise connected with any e-mail that violates this policy. Further, the perpetrator of said violation will be subject to a fine of NOT LESS THAN $150.00 GBP. The penalty may be significantly higher depending on the costs related to the incident. This penalty is to offset costs related to:
- The time required to have the affected server removed from RBLs that it may be added to,
- All penalties incurred by BeyondVPS at our data centre, as well as any reconnection charges,
- Any downtime refunds offered to every customer on the BeyondVPS server that is affected by any outages due to the spam,
- BeyondVPS employees labor to deal with the spam and associated cleanup
- Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, BeyondVPS servers. Failure to enforce this policy in every instance does not amount to a waiver of BeyondVPS's rights.
SERVER USE POLICY
BeyondVPS reserves the right to refuse service and / or access to its servers to anyone it deems necessary. All services provided by BeyondVPS may only be used for lawful purposes. Transmission, storage, or presentation of any information, data or material in violation of any Canadian, Provincial or local law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, and material we judge to be threatening or obscene. Also prohibited are sites that promote any illegal activity or present content that may be damaging to BeyondVPS servers. Links to such materials are also prohibited. Any illegal activity, including illegal adult content, links to illegal adult content web sites, spamming, cracking or hacking will result in your site being shut down and all your files deleted without warning. Adult content is not allowed. BeyondVPS does not support the use of third party mailing programs on our clients accounts. We offer Formmail for secure scripts, Mailman mailing lists, and Exim as our core mail server. As we cannot ascertain the security of these tools we must, in the interest of the security of our shared environment, enforce an outright ban on the use of third party mailing tools. We DO NOT allow Internet-Relay-Chat ("IRC"), IRC bots or Proxy scripts to be operated on our servers. BeyondVPS will be the sole arbiter as to what constitutes a violation of this provision.
TORRENT DOWNLOADERS / P2P
BeyondVPS allows torrent downloaders and P2P file sharing as long as the content being distributed is not being done so illegally. Use of BeyondVPS's services for illegal downloading or file storage will be considered a violation and the account will be terminated. The owner of the account may be reported to the authorities. BeyondVPS will always work with the authorities on issues regarding illegal or copyright material. If a torrent or P2P downloader is considered to be affecting the server performance, or using excessive network resources BeyondVPS reserves the right to terminate the service at their discretion without notice.
HIGH RESOURCE USER POLICY
Resources are defined as cpu utilisation and / or resource manipulation. BeyondVPS's servers represent a production web environment. BeyondVPS will not tolerate the use these servers as a resource test environment. When a website is found to be monopolising the resources available. BeyondVPS reserves the right to suspend or terminate that account immediately. BeyondVPS may implement this policy to its sole discretion. In many cases we will inform the account holder that they are abusing resources, and place the account on a limited memory, bandwidth and/or CPU to help prevent any other customers from being affected by the high-usage account.
All account data backups are the account holder's responsibility. BeyondVPS is NOT responsible for your data backup or subsequent loss. We recommend purchasing a dedicated server with redundant drives for mission critical websites or systems that require absolute redundancy. No backup space or service is provided unless otherwise stated.
All accounts are set up on a prepay basis. BeyondVPS reserves the right to change prices of accounts or services at any time. Invoices will be generated up to 15 days in advance of the due date. Prepayment is due every anniversary month following the date the account was established. Clients will automatically be charged at this time unless email cancellation request has been confirmed by BeyondVPS.
Cancellation requests must be sent to support@BeyondVPS.com, or via the support desk of the website that you purchased the service at least seven (7) business days prior to your next billing date. We will reply with an email confirmation that you must confirm or your account cancelation will not be processed.
In situations where the card number on file is declined BeyondVPS will immediately suspend the facility to purchase services on-line until the outstanding charge is processed successfully. In addition, BeyondVPS reserves the right to suspend other services until the outstanding debt is cleared. The client is responsible for all money owed on the account from the time it was established to the time that the client sends an emailed cancellation request.
All invoices will be sent directly to clients via email shortly after the online purchase has been made. At this point the client's card will be charged automatically.
CANCELLATION AND REFUNDS
BeyondVPS reserves the right to cancel a client's account at any time, if it is found that the client contravened BeyondVPS's terms of service. The clients account will be terminated immediately, and a refund will not be provided. Clients may cancel their account at any time.
We do not provide a refund if you cancel your hosting order unless the cancellation was due to issues caused by our servers (e.g downtime due to a node going offline). If you order a hosting package and decide you do not want it, we can not issue a refund. All sales are final. In any situation where BeyondVPS is required to provide a refund, the maximum credit that will be issued is no more than one (1) month's cost of the account you are hosted on.
We cannot, under any circumstances, provide refunds on domain name purchases as they are purchased through a third party and registered with the purchaser.
Cancellation requests must be sent to support@BeyondVPS.com, or via the support desk of the website that you purchased the service at least fourteen (14) business days prior to your next billing date. We will reply with an email confirmation that you must confirm or your account cancelation will not be processed.
Client agrees that under no circumstances, will BeyondVPS, or its parent companies, subsidiaries, staff, owners or affiliated companies be held liable for damages exceeding the actual amount paid by a customer.
Client agrees to use all BeyondVPS services and facilities at their own risk.
Client agrees that it shall defend, indemnify, save and hold BeyondVPS harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against BeyondVPS, its agents, its clients, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product/service sold by client, its agents, employees or assigns. client agrees to defend, indemnify and hold harmless BeyondVPS against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with BeyondVPS's servers; (2) any material supplied by client infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products/services sold to client from BeyondVPS's server. Due to some technological limitations with our domain partner enom, some domain information may be registered to BeyondVPS contact. You will still own the domain. This is a simple requirement to allow for our automatic domain registration and renewal.
BeyondVPS will not be responsible for any damages your business may suffer, be it direct, indirect or consequential. BeyondVPS makes no warranties of any kind, expressed or implied for services we provide. BeyondVPS disclaims any warranty or merchantability. Every client is required to backup their own data, files and databases. BeyondVPS does not guarantee to backup customer information.
If a Client is found in violation of any of BeyondVPS's Policies or, in BeyondVPS's judgment, could be in violation of, BeyondVPS's policies, BeyondVPS reserves the right to charge the Client an administrative fee NO LESS THAN $150.00 USD
If you have any queries regarding our Terms of Service, please contact us via the support desk, or email support@BeyondVPS.com.
FREE HOSTING ACCOUNTS
You must keep a valid and current email address on file, in our billing system. We reserve the right to cancel any free hosting account, if the account owner does not respond within 3 days to an emailed request to contact us. All free hosting accounts must have a Top Level Domain name (.tld) pointing to the account at all times. We do NOT accept subdomains or invalid domain names for hosting services. We reserve the right to cancel any free hosting account, without notice, at any time. Each user may only have a maximum of two (2) free hosting accounts. Free accounts may not be resold under any condition. Free hosting accounts are also bound by this entire Terms of Service document.
GOVERNING LAW AND JURISDICTION
BeyondVPS is controlled by its offices within the United Kingdom and provides services primarily to the UK and USA. By accessing our services and website, you and BeyondVPS agree that all matters relating to access to, or use of, our services and web site shall be governed by the laws of the United Kingdom, without regard to the conflicts of laws principals thereof. You and BeyondVPS also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the United Kingdom with respect to all matters.
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