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Terms of Service

Customer agrees to the following terms of service:

  1. Term: Customer agrees to a contract term listed during sign-up for services unless otherwise agreed to in writing. The contract for services is automatically renewed on the anniversary date in perpetuity subject to written cancellation by the Customer.
  2. Monthly Service Fees: Fees for service(s) ordered by the Customer shall begin on the date of the initial order and that date shall serve as the monthly anniversary date. Fees are due in advance of the monthly service cycle and will be billed on the anniversary date of each month. The Company may pro-rate billing as required.
  3. Upgrade Fees: Upgrades ordered on the billing anniversary date will be billed for a full month service and will continue each month on the anniversary date. Future charges will appear as full monthly fees added to your existing anniversary billing date.
  4. Additional Service Fees: Additional services ordered on the billing anniversary date will be billed for the full month service and will continue each month on the anniversary date. Future charges will appear as full monthly fees added to your existing anniversary billing date.
  5. One Time Fees: One time fees, such as setup fees, administrative fees, bandwidth overages and late fees are due and payable at the time they are incurred, and agreed upon in writing or via ticket with approval.
  6. Service Credits: Service credits will be issued to your Customer account and shall be used to offset future billable services. Service credits shall not be issued as cash back to the Customer nor are service credits transferable to other account holders.
  7. Cancellation: The Company requires a three (3) day written cancellation notice prior to the anniversary billing date for discontinuance or downgrades of month to month services. Failure to supply the requisite three (3) days written notice of cancellation will result in a full billable monthly cycle prior to cancellation.
  8. Refunds & Disputes: All services rendered by The Company are non-refundable. This includes, but is not limited to: setup fees, one time fees, monthly service fees, upgrade fees, additional service fees, administrative fees, and late fees. Customers seeking to resolve billing errors are instructed to open a ticket with the billing department through the help desk. Customer agrees not to chargeback any credit card payments for services rendered. A chargeback of payment for services rendered will result in an additional charge of $150 and will be subject to collection by an authorized collection agency. A chargeback will result in immediate service termination. Setup fees are never refundable.
  9. Non-Payment: All payments are due in full on the monthly anniversary date. Failure to remit payment for services on the monthly anniversary date is a violation of the TOS. Failure to remit payment by the renewal date shall result in a termination of public access to Customer services. Non-payment of a single server will result in disconnection of all services under the Customer account. Failure to remit payment for services within three (3) consecutive days, including the anniversary date, shall result in termination of access to the service network and all services shall be reclaimed. A late fee of $20 will be incurred for failure to remit payment for services on or before the monthly anniversary date. A $50 reconnect fee will be incurred for failure to remit payment for services after public access has been disconnected. All Customer data remaining after five (5) days of non-payment will be destroyed for security and privacy reasons. Non-Payment of services without a proper cancellation notice will be subject to collection by an authorized collection agency.
  10. Data: The Company agrees to use best efforts and commercially reasonable best practices when deploying services related to data integrity, backup, security, and retention. These services include, but are not limited to: hard drive storage, raid hard drive arrays, network attached storage, storage area networks, operating system installs, operating system reloads, customer portal information, and other situations involving customer data. Customer assumes ultimate responsibility for data integrity, retention, security, backup, and ownership. The Company maintains backups of all shared Virtual Private Server nodes. The company does not maintain backups of dedicated servers. The Company offers backup solutions which can be used in addition to any additional services; however, Customer should always keep their own backups. The Company is not responsible for any data on it’s servers or backups. Backups are kept and restored using the best effort method; however, cannot be guaranteed. The customer is ultimately responsible for all data and backups. Backups made by The Company cannot be restored unless there is a node failure.
  11. The managed VPS packages cover basic management services including installation of some third party items such as: ImageMagick, Fantastico, Urchin, GD Library, etc. Installation of server needed components such as PHP recompiles, Perl modules, etc. While most requests are covered under the managed VPS package, some requests would be billed at an administration fee of $30/hour.
  12. Unmanaged plans are eligible for hardware and network related support issues only. Tickets submitted for other requests will result in a fee or $30/hour. You will be advised of any fee that may be incurred prior to work being completed on your behalf.
  13. Business Continuance Protection (BCP): The business continuance protection is meant as a safeguard for your VPS. This $3.95 per month service will alleviate any costs related to bandwidth overage from DDOS related issues. The service must be purchased prior to any covered issues. Should an attack occur on your VPS, we may disable the VPS if the issue is directly affecting other users. Bandwidth overage fees during the attack will be waived under this protection. Intentional attacks by the customer will result in a violation of the legal agreements and will result in methods of resolution under the acceptable use policy. BCP is not available in all datacenter locations.
  14. Advertised weekly specials or sales are available for new customers only. Existing customers may be eligible for other promotions. Customers attempting to circumvent this by ordering under different names or new accounts will have the discounts removed. Weekly specials are offered based on node availability. Offers may be revoked at any time without notice.
  15. Virtual Private Server Disk Inodes: All VPS packages include 500,000 disk inodes by default. IndianVPS reserves the right to restrict the usage to a maximum of 2,000,000 inodes.
  16. Identity Use: Customer agrees to use The Company logo, Company information, and related services in accordance to the approved marketing guidelines. Company agrees not to use Customer name, logos, or information without prior written consent of Customer.
  17. Laws: Customer agrees to abide by all local, state, and federal laws pursuant to services delivered in Livonia, Michigan, United States of America.
  18. Mutual Indemnification: Each party agrees to indemnify and hold harmless the other party, the other party’s affiliates, and each of their respective officers, directors, attorneys, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys’ fees) brought by a third party under any theory of legal liability arising out of or related to the indemnifying party’s actual or alleged infringement or misappropriation of a third party’s copyright, trade secret, patent, trademark, or other proprietary right.
  19. Limitation of Liability: Except as described in the SLA, The Company shall not be liable to Customer for harm caused by or related to Customer’s services or inability to utilize the services unless caused by gross negligence or willful misconduct. Neither Party shall be liable to the other for lost profits, direct or indirect, special or incidental, consequential or punitive, or damages of any kind whether or not they were known or should have been known. Notwithstanding anything else in this agreement, the maximum aggregate liability of The Company and any of its employees, agents or affiliates, under any theory of law shall not exceed a payment of money not to exceed the amount paid by the customer for hosting services for the six moths prior to the occurrence of the event(s) giving rise to the claim.
  20. Arbitration: Any controversy or claim arising from service or related to this contract or breach therein in excess of $500.00 shall be settled by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The resulting judgment rendered by a licensed arbitrator may be entered in any court having valid jurisdiction.
  21. Electronic Signature: Acceptance of the Master Service Agreement incorporating the Terms of Service, Acceptable Use Policy, Service Level Agreement and Privacy Agreement hereby initiates billable services and is deemed complete by agreement to the terms as described on the online signup form(s) and completion of the ordering process.
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