Last updated October 6, 2008
IMPORTANT! THESE TERMS AND CONDITIONS GOVERN THE USE OF THE POWERVPS WEB SITE, MATERIALS AND SERVICES BY YOU AND YOUR EMPLOYEES AND AGENTS (COLLECTIVELY REFERRED TO AS "YOU"). BY USING THE WEB SITE/MATERIALS/SERVICES, YOU AGREE TO ALL OF THE PROVISIONS CONTAINED OR REFERRED TO IN THESE TERMS AND CONDITIONS. POWERVPS RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME IN ITS SOLE DISCRETION. YOUR USE OF THE WEB SITE/MATERIALS/SERVICES AFTER SUCH CHANGES ARE POSTED TO THE WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS AND CONDITIONS REGULARLY
ORDER ACCEPTANCE POLICY
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of the order or our offer to sell. We reserve the right, in our sole discretion, without prior notification, to accept or decline your order or limit the order quantity for any reason. For credit card payments, such payment is subject to the approval of the financial institution issuing the credit card and we shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason. We may require, at our option, that any order placed over certain dollar amounts receive our pre-approval. We also may require additional verification or information before accepting any order.
Acceptance of Contractual Agreement
1. Client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by PowerVPS, that you are agreeing to our TOS, AUP, and SLA. No modifications of said contract by customer are allowed.
2. PowerVPS will provide, and Customer will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service and service fees have been communicated to the customer, and that he/she is aware of all applicable charges as per contract, AUP, SLA, and TOS. Customer also understands that any promotional offers, unless specified in contractual terms will not be applicable to their individual service.
3. In connection with any Hosting Services, if Customer’s actual bandwidth or disk usage in any month exceeds allotted amount specified in Customer’s contract, Customer will pay PowerVPS any additional fees as specified in the Service Description. If you do not pay, PowerVPS will suspend your account until payment is received.
Establishment of this service is contingent upon receipt of payment from Customer to PowerVPS. Subsequent payments are due on the anniversary date of the month for that month’s service, unless customer requests all monthly payments to be consolidated to one specific billing date.
Payments and Fees:
Payment is due on the defined monthly recurring billing date of each month. Credit cards that are declined for any reason are subject to a $10.00 declination fee. Service will be interrupted on accounts that reach 7 days past due. Service interrupted for non-payment is subject to a $10.00 reconnect charge. Accounts not paid by due date are subject to a $5.00 late fee.
PowerVPS may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees.
ACCEPTANCE OF TERMS
All requests for canceling any service / services must be made through the PowerVPS Billing Center. Confirmation receipt of cancellation will be sent within 24 hours.
Refunds and Disputes:
All payments to PowerVPS are non-refundable after Customer's 30-day money-back guarantee period. See here for the terms of our 30 day refund policy. This includes any setup fees and monthly fees, regardless of usage. All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargebacks, under the terms and conditions of our SLA, AUP, and TOS, will result in service interruption, as well as reconnection fees to restore the desired service.
You may not take any action that violates our Acceptable Use Policy, which can be found here.
Use of certain PowerVPS services grants a limited license to use various software products, including Plesk, cPanel, Confixx, Directadmin and Clientexec, this list is not exhaustive. The limited license allows you, the customer, to make use of such software, up to the limits of your service, for as long as your service is current and up to date. Upon termination of your service your right to use such software is also terminated and any license keys, serial codes etc. should be returned to PowerVPS and no longer used. The limited license grants rights to use such software on PowerVPS equipment only and the license cannot be used on any other equipment.
LICENSE FOR USER CONTENT
Certain Services offered on this Site accommodate or require user-supplied information, materials or communications, collectively 'User Content'. Depending upon the nature of the Service, by submitting User Content to this Site you grant PowerVPS one of the following two types of licenses:
1. For User Content that is the result of your creative efforts, such as examples of work you have done using PowerVPS products, you hereby grant PowerVPS a worldwide, royalty-free, non-exclusive license to reproduce and modify (for purposes of formatting, maintenance or Site administration only) such User Content. You also grant PowerVPS the right to distribute and publicly display and perform such User Content for the purpose for which such User Content was submitted to the Service. This license will be in effect until such User Content is removed from the Site.
2. For User Content such as comments to the PowerVPS User to User Forums, Knowledge base, you grant PowerVPS an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such User Content, and you also agree that PowerVPS is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted such User Content to us unless: (a) we first notify you that the User Content you submit to a particular part of the Site will be published or otherwise used with your name on it; or (b) we are required to do so by law.
Please note, when you sign-up for service with a Virtacore Systems, LLC branded company you are opted in to our regular newsletter and customer update email notifications which is sent to customers on a regular basis. You can opt-out of the newsletter at anytime by clicking on the "opt-out" link that is sent with every email we send.
We will not sell, rent or lease to others telephone numbers or e-mail addresses. We will share the personal data you provide only with other PowerVPS entities and/or business partners who are acting on our behalf for the uses described above, except as provided below (see Consent).
USE AND PROTECTION OF USERNAME AND PASSWORD
You are responsible for maintaining the confidentiality of your username and/or password, if applicable. You are responsible for all uses of your account, whether or not actually or expressly authorized by you.
WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND PowerVPS, ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PowerVPS MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM THE SITE WILL BE CORRECTED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. PowerVPS MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND PowerVPS MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
PowerVPS ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, DOCUMENTS, SOFTWARE, MATERIALS AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THIS SITE. REFERENCES TO OTHER CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
IN NO EVENT SHALL PowerVPS OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT PowerVPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
This Site contains links to third-party Web sites that are not under the control of PowerVPS. PowerVPS makes no representations whatsoever about any other Web site to which you may have access through this Site. When you access a non-PowerVPS Web site, you do so at your own risk and PowerVPS is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites or for the quality of any products or services available on such sites. PowerVPS provides these links merely as a convenience and the inclusion of such links does not imply that PowerVPS endorses or accepts any responsibility for the content or uses of such Web sites.
This Site can be accessed from other countries around the world and may contain references to PowerVPS products, services, and programs that have not been announced in your country. These references do not imply that PowerVPS intends to announce such products, services or programs in your country.
Entire Agreement; Amendments