Use of TelVPS Products and Services
You may use any of our services, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other jurisdictions. In order to access certain services, you are required to provide current and accurate identification, contact, and other information as part of the registration process. You are responsible for maintaining the confidentiality of your account information, and are responsible for all activities that occur under your account. You are solely responsible for all content on your account. You agree to immediately notify TelVPS of any unauthorized use of your account or any other breach of security. TelVPS will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your account secure.
You agree that you are responsible for maintaining your own account. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, files, attachments or other materials ("Content") are the sole responsibility of the account from which such Content originated. TelVPS reserves the right, but does not assume the responsibility, to monitor or review any Content on TelVPS services. You agree that you are responsible for the conduct of all users of your account and any Content that is created, transmitted, stored, or displayed by, from, or within your account while using TelVPS services and for any consequences thereof. You agree to use TelVPS services only for purposes that are legal, proper and in accordance with the Terms of Service and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts TelVPS services or servers or networks connected to TelVPS services.
Account Cancellation or Suspension
TelVPS may cancel or suspend your access to TelVPS services at any time and for any reason without notice. Upon cancellation or suspension, your right to use the service will stop immediately. You may not have access to data that you stored on the service after we suspend or terminate the service. You are responsible for backing up your data that is hosted with the service. If we cancel your service in its entirety without cause, we will refund to you on a pro-rata basis the amount of your payment corresponding to the portion of your service remaining right before we terminated your service.
You may terminate the service at any time by following the instructions in the Client Portal. YOU MUST CANCEL YOUR SERVICE BY SUBMITTING A CANCELATION REQUEST IN THE CLIENT AREA. As soon as you cancel the service, your right to use it stops immediately. You may not have access to data that you stored on the service after you terminate the service. You are responsible for backing up your data that you host with the service. Cancelation of the service by you will not alter your obligations to pay all charges due to TelVPS at the time of cancellation.
Charges and Billing
You agree that TelVPS will be permitted to charge your credit card on a monthly basis in advance of providing its services or as needed for prepayments, for your subscription fee, any applicable sales taxes, and any other charges you may incur in connection with your use of TelVPS services. The monthly subscription fee is billed in full on the first day of your paid subscription and monthly thereafter, unless and until you cancel your subscription.
TelVPS is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by TelVPS. Currency exchange settlements will be based on agreements between you and the provider of your payment service. In addition, we do not give pro-rated refunds for unused time if cancelation is initiated during the middle of a billing cycle. We reserve the right to change our fees, but will notify you in advance of increases.
All charges are non-refundable unless expressly stated otherwise, or otherwise provided by applicable law. The costs of any returns if permitted will be at your expense, unless otherwise provided by applicable law.
Account Suspension and Termination
Invoices for due account balance will be generated 10 days in advance of the invoice due date. VPS accounts may be suspended on the 1st day after payment is overdue, unless prior arrangement for payment has been made; servers will be automatically restored to service once payment is received. VPS accounts may be terminated if invoices remain unpaid after 3 days. Should TelVPS deem that a customer has abused our network and compromised our position with our network providers, a fee of $200 for network abuse will be charged.
We are confident that you will be pleased with our service and products. However, if you ever feel unhappy or no longer require use of our services, we offer a full refund within 48hrs of activation of your services, no questions asked.This refund policy is not applicable if you abuse our service (eg: Abusing Server resources, Abusing Network, All other activites that is illegal.
If you wish to request a refund within the 48hrs of having your services activated, please submit a ticket to our billing department through the Client Portal. All services are eligible for a full refund if a ticket requesting cancelation is submitted within the first 48hrs of service. YOU MUST CANCEL YOUR SERVICE BY SUBMITTING A CANCELATION REQUEST IN THE CLIENT AREA; refunds will not be handled through any other form of communication or support.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TelVPS WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM: (I) THE USE OR THE INABILITY TO USE TelVPS SERVICES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (III) ANY OTHER MATTER RELATING TO TelVPS SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NOTWITHSTANDING ANYTHING IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE MONETARY LIABILTY OF TelVPS AND ANY OF ITS AGENTS, SUPPLIERS, EMPLOYEES, OR AFFILIATES IN CONNECTION WITH THE TelVPS SERVICES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT, SHALL NOT EXCEED THE COST OF ONE MONTH'S RECURRING FEE FOR THE SERVICES THAT ARE THE SUBJECT OF THE CLAIM AS OF THE TIME OF THE OCCURRENCE OF THE EVENTS GIVING RISE TO THE CLAIM.
Exclusions and Limitations
Nothing in this agreement is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited.
YOU AGREE THAT YOUR USE OF TelVPS SERVICES SHALL BE AT YOUR SOLE RISK. ALL SERVICES PROVIDED BY TelVPS ARE AVAILABLE AS IS WITHOUT WARRANTIES OR GUARANTESS APPLIED
You agree to defend, indemnify and hold harmless TelVPS its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the TelVPS services; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that use of our services caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the TelVPS services.
You agree that TelVPS may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on TelVPS services.