1.) Account Setup

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account.

2.) Content

All services provided by HostaVPS may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene. The customer agrees to indemnify and hold harmless HostaVPS from any claims resulting from the use of our services.

Examples of unacceptable material:

• Scam Sites (ex: Ebay/Paypal,CC/Password Scam sites)
• Mailbombers or any sort of spam sites
• IRC Bots
• Warez Sites
• Hate Sites
• Roms / Emulators
• Pirated Software
• Hack programs and archives
• Malicious Scripts

3.) Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, commonly known as spam. Any user who sends out spam will have their account terminated without notice.

HostaVPS reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. HostaVPS also reserves the right to make any such modifications in an emergency at our sole discretion.

HostaVPS reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of HostaVPS. All rights reserved.

4.) Payment Information

You agree to supply appropriate payment for the services received from HostaVPS, in advance of the time period during which such services are provided. You agree that until and unless you notify HostaVPS of your desire to cancel any or all services received, those services will be billed on a recurring basis.

HostaVPS reserves the right to change the monthly payment amount and any other charges at anytime.

5.) Backups and Data Loss

Your use of the service is at your sole risk. HostaVPS is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on HostaVPS servers.

6.) Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

7.) Price Change

HostaVPS reserve the right to change prices listed on HostaVPS, and the right to change the amount of resources given to plans at any time. Contract pricing customers will not be affected by any price change throughout the contract period. The amount you pay for hosting will never increase from the date of purchase.

8.) Indemnification

Customer agrees that it shall defend, indemnify, save and hold HostaVPS harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against HostaVPS, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless HostaVPS against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with HostaVPS; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from HostaVPS's server.

9.) Uptime Guarantee

HostaVPS strives to maintain a 99.9% network and server uptime service level. This uptime percentage is a monthly figure, and is calculated solely by HostaVPS monitoring systems or HostaVPS authorized/contracted outside monitoring services. If HostaVPS fails to meet it's 99.9% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis. HostaVPS does not credit a full month's service for minor downtime. This would not be financially healthy for HostaVPS, and in turn would only negatively affect the service level HostaVPS provides to you. "Partial refunds for partial downtime" is our standard policy. In extreme circumstances, HostaVPS may distribute full month credits, but this is dealt with on a case by case basis. Credits are issued for one months service only, never more.

Exceptions: Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the HostaVPS network caused by or associated with:

• Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, "Acts of God" (ie...fire, flood, earthquake, tornado, etc...), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement
• Telco Failure (ie...Verizon™ cutting a fiber line somewhere)
• Backbone peering point issues (ie...UUnet™ having a router go down in Virginia that wipes out internet service for the entire East Coast)
• Scheduled maintenance for hardware/software upgrades
• Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided). HostaVPS utilizes only name brand hardware of the highest quality and performance.
• Software bugs/flaws (Expolits and bugs may develop that cause security issues or downtime)
• DNS issues not within the direct control of HostaVPS
• Network floods, hacks, attacks from outside parties or individuals
• Failure or error of any HostaVPS monitoring or measurement system
• Client's acts or omissions, including without limitation, any negligence, willful misconduct, or use of HostaVPS service(s) in breach of HostaVPS Policy and Service Guidelines (AUP), by Client or others authorized by Client.

10.) Disclaimer

HostaVPS will not be responsible for any damages your business may suffer. HostaVPS makes no warranties of any kind, expressed or implied for services we provide. HostaVPS disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by HostaVPS and its employees.

11.) Changes to the TOS

HostaVPS reserves the right to revise its policies at any time without notice.