Revision date: 8/16/2017
By using VPSFRONT's ("VPSFRONT", "our", "us" or "we") products and services, you ("you", "your", "Client", "Customer" or "Subscriber") agree to comply with our policies.
VPSFRONT also reserves the right to change and modify the Terms of Service at any time with or without client notification. It is the responsibility of the client to periodically check and familiarize himself or herself with the recent Terms of Service. If any client does not comply with the new Terms of Service modifications, his or her service will be terminated immediately with no refund.
The following are strictly prohibited uses and may result in immediate suspension and/or termination if discovered on your account:
VPSFRONT reserves the right to cancel, suspend, or terminate any service provided with or without a refund or notice or warning for any reason.
VPSFRONT prohibits any kind of mass mailing activity.
By default, a VPSFRONT support account (username: VPSFRONT) is added to your VPS to assist with password recovery. You are more than welcome to remove the support account. However, that way, we are not going to be able to reset your forgotten password.
VPSFRONT takes all the necessary measures to keep your data safe. However, you agree that VPSFRONT is NOT responsible for any loss of data, time, income or anything else due to hardware, software failure or human error. Customer has the full responsibility to keep their data safe and backed up at all times.
In an event of repeated TOS/AUP violation, VPSFRONT may terminate the service without a refund. The customer is fully responsible having an offsite backup of their data.
To ensure the best performance for all of our customers, we use the following policies:
Please note that the CPU cores are shared and they are not dedicated to you. We allow you to use all of your cores for your peak times, but you cannot use them for an extended amount of time.
If your service receives an attack that is higher than 10Gbit or 2 smaller attacks, VPSFRONT may stop the service without a refund. The customer is fully responsible having an offsite backup of their data.
If VPSFRONT receives any claims or threats from the customer regarding getting an issue on public websites or disputing/charging back the payment to get their way, VPSFRONT will stop the service without a refund. The customer is fully responsible having an offsite backup of their data.
In an event of payment dispute or charge back, VPSFRONT will stop the service without a refund. The customer is fully responsible having an offsite backup of their data.
If the customer abuses VPSFRONT's staff, VPSFRONT will stop the service without a refund. The customer is fully responsible having an offsite backup of their data.
Upon notification or discovery that Subscriber is performing actions that violate this AUP/TOS, VPSFRONT will suspend Subscriber’s services until the issue has been resolved to VPSFRONT’s and/or the notifying party’s satisfaction. If the issue, due to Subscriber, takes multiple days to resolve, and it is determined that Subscriber is operating within the provisions of this AUP/TOS, VPSFRONT will credit Subscriber’s service for the number of days of suspension.
VPSFRONT complies with the requirements of the Digital Millenium Copyright Act (DMCA), including for Subscribers that are of foreign heritage and/or operating in a foreign country.
Limitation of Liability:
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of VPSFRONT and that damages resulting from any interruption of service are difficult to ascertain.
Subscriber agrees that VPSFRONT shall not be liable for any damages arising from such causes beyond the direct and exclusive control of VPSFRONT. Subscriber further acknowledges that VPSFRONT’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall VPSFRONT be liable for any special or consequential damages, loss or injury. VPSFRONT is not responsible for any damages or loss of income Subscriber’s business may suffer.
VPSFRONT does not make implied or written warranties for any of our services. VPSFRONT denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by VPSFRONT.
All new accounts MUST be registered with valid, verifiable information. Any new accounts registered with blatantly false information will be refunded and deleted without notice. Multiple accounts per Subscriber are not allowed.
Subscriber must maintain accurate and current identification information with VPSFRONT through the entire term of Subscriber’s service with VPSFRONT. Any change in information may be verified by VPSFRONT, and if VPSFRONT is unable to obtain verification, VPSFRONT may suspend or terminate Subscriber’s service.
Purchasing services from VPSFRONT while utilizing a VPN or other such methods is strictly forbidden.
Subscriber must submit cancellation requests from Subscriber’s authenticated client area. VPSFRONT is unable to accept cancellation requests from emails, support tickets sent via unauthenticated means, or live chat. VPSFRONT is unable to grant exceptions. All account credits will be forfeited at the time of cancellation. Subscriber may request that VPSFRONT delete all Subscriber information at the time of cancellation.
Subscriber’s Contact Information:
VPSFRONT is not responsible for damages or compensation resulting from Subscriber’s inability to receive communication from VPSFRONT, such as but not limited to notification of downtime, or notification of suspension of Subscriber’s services. From time to time, VPSFRONT may send Subscriber information and/or notices that may or may not be totally relevant to Subscriber; Subscriber may not opt out of these communications.
If the Subscriber terminates service with VPSFRONT on good terms prior to the end of the trial period (72 hours starting from the service delivery), VPSFRONT will issue a refund for the full amount paid.
If the Subscriber terminates service with VPSFRONT after the end of the trial period, no refund will be issued.
If VPSFRONT terminates a Subscriber without cause, VPSFRONT will issue a refund for the prorated amount of the Subscriber’s remaining balance, based on factors such as time subscribed, time remaining, and resources utilized.
VPSFRONT will not, under any circumstance, issue refunds for accounts that are suspended or terminated due to prohibited content or activities.
The refunds are only available for VPS services. Any other service provided by VPSFRONT is not eligable for a refund.
Added funds are not refundable.
Payment Chargebacks and Billing Disputes:
Raising a billing dispute with our payment processors or charging back a payment made to VPSFRONT will place the client’s account in bad standing. We reserve the right to immediately terminate all services without refund in such instances.
When a Subscriber signs up for service, an invoice will be generated that is due immediately. Service will not commence until Subscriber pays the invoice.
In the event Subscriber pays with a payment that turns out to be fraudulent, Subscriber’s services and account will be terminated immediately and without notice.
If Subscriber initiates a dispute or chargeback, or threatens such action, VPSFRONT may terminate Subscriber’s services immediately and without further notice.
All payments made to VPSFRONT must be made from the same name, or a reasonable similarity thereof, the name on the Subscriber’s account at VPSFRONT. Subscriber may open a billing ticket with VPSFRONT and request permission to pay from a different account, however, this is at VPSFRONT’s discretion.
All existing invoices must be paid before ordering new services. If a Subscriber creates a new order without paying existing invoices, the new services may be terminated and refunded, at VPSFRONT’s discretion.
The first order for a service that a Subscriber subscribes to will be subject to a trial period as specified on our website. This trial period may be rescinded or extended at VPSFRONT’s sole discretion. The trial period is nulled if Subscriber uses more than 90% of their allocated monthly transfer within the trial period.
If the Subscriber purchases or licenses a third party service, VPSFRONT cannot guarantee that the fee charged by this vendor will remain the same throughout Subscriber’s service. If the vendor changes its fee, this increase will be passed on to Subscriber.
VPSFRONT may decline to accept an order for service if VPSFRONT determines that the facilities are required for other needs.
VPSFRONT utilizes Maxmind and Fraudrecord to automatically process all new orders. All new accounts may be subject to a manual account review.
All invoice payments for existing services by Subscriber may be subject to random manual reviews.
In the event that VPSFRONT, during it’s manual reviews, discover any points that VPSFRONT requires further clarification on, VPSFRONT will contact Subscriber via support ticket and/or email, and at VPSFRONT’s discretion, may suspend Subscriber’s services until the verification issue is resolved with Subscriber. In the event that it takes multiple days to resolve a verification issue, VPSFRONT will credit Subscriber’s account with the number of days it took to resolve the issue.
VPSFRONT’s automated billing system runs daily at 12:00am CST (-8 UTC).
VPSFRONT bills two weeks before the invoice due date.
VPSFRONT sends out a payment reminder the same day that the invoice is due.
VPSFRONT sends out invoice overdue notices on the first, second, and third day an invoice is overdue.
If Subscriber does not pay the invoice by the 4th day after the invoice is due, VPSFRONT will suspend Subscriber’s service and a late fee of 10% of the invoice will be issued. Subscriber will be notified that their service has been suspended.
If Subscriber does not pay the invoice by the 7th day after the invoice is due, VPSFRONT will terminate Subscriber’s service, without notice. Upon termination, Subscriber’s service data will be deleted without possibility for recovery.
It is Subscriber’s responsibility to ensure that steps are taken to receive all email communications from VPSFRONT, and to keep track of due dates for Subscriber’s services. VPSFRONT will not offer compensation downtime stemming from suspension/termination for Subscriber’s lack of responsibility on keeping track of service due dates.
Subscriber is required to maintain a secure account, utilizing good security practices. This includes, but is not limited to, choosing and maintaining secure passwords on servers, shared hosting accounts, and other services provided by VPSFRONT.
If it is determined that Subscriber is maintaining weak account security, VPSFRONT will, at it’s discretion, suspend or terminate Subscriber’s service, without a refund.
Subscriber agrees to notify VPSFRONT of any unauthorized activity on Subscriber’s account or services, or any other breach of security. Subscriber agrees to take any action necessary to rectify any security issues.
In the event that Subscriber’s service becomes maliciously compromised, VPSFRONT’s sole remedy will be to return Subscriber’s services to their ‘day one’ state. VPSFRONT will offer Subscriber an archive of their data before it is returned to the ‘day one’ state. It is Subscriber’s responsibility to restore Subscriber’s data and software.
Subscriber is required to submit all support issues via the support ticket system that Subscriber is given access to upon initiation of service. Submitting support issues via email, phone, live chat, or any other method, may not have speedy resolution. Depending on factors outside of our control, issue resolution may take longer than anticipated. VPSFRONT does not offer compensation for such delays.
Issues may be worked by multiple support techs. Please do not request resolution by a specific tech, as this will delay resolution of Subscriber’s issue.
Data Backup / Preservation:
In the event of data loss, VPSFRONT’s default action will be to restore Subscriber’s services to their “day one” state. VPSFRONT does not take any backups of the customer data. VPSFRONT will not offer compensation for data lost, unless Subscriber has explicitly purchased backup services from VPSFRONT, in which case VPSFRONT’s liability will be limited to the monthly subscription price of Subscriber’s service.
VPSFRONT’s support will be limited to resolving issues with VPSFRONT’s servers or networks. VPSFRONT will not help with installation, configuration, or troubleshooting of any third-party scripts or software that do not pertain to the management of VPSFRONT’s servers or networks.
VPSFRONT requires DMCA notices to be filed via letter or digitally signed email. The complaint must include full contact information in the complaint (including email address and phone number). We may call and verify. Email (unless digitally signed by a verified and trusted third party) is not an acceptable medium for legal complaints. VPSFRONT is committed to making submitting notices of alleged infringement to VPSFRONT as simple as possible, while reducing the number of notices that we receive that are fraudulent, difficult to understand, and/or verify. VPSFRONT may ignore incorrectly formatted notices that do not comply with the requirements of the DMCA. VPSFRONT may request written notification via regular mail, even if sent via digitally signed email, at VPSFRONT’s discretion.
Regardless of whether we may or may not be liable for such infringement, our response(s) to these notices may or may not include removing or suspending access to claimed infringing materials, and/or potentially terminating subscribers. If we disable or suspend access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may submit a counter notification. We may also document notices of alleged infringement that we act upon. Please do note that in addition to your request being forwarded to the person who provided the allegedly infringing content, a copy of this legal notice may be sent to a third-party which may publish and/or annotate it.
Copyright Infringement Notification:
To file a notice of copyright infringement with us, you must provide a written communication (by regular mail or digitally signed email) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
To expedite our ability to process your request, please use the following format:
Identify, in sufficient detail, the copyrighted work that you believe has been infringed upon (for example, “The copyrighted work at issue is the text that appears on http://www.example.com/infringing_page.html”) or other information sufficient to adequately specify the copyrighted work being infringed.
Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
If you are sending a large number of URLs in one removal request, please also a listing of the URLs in a single list.
Provide information reasonably sufficient to permit VPSFRONT to contact you. Phone number and email address are required.
Provide information, if possible, sufficient to permit VPSFRONT to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Sign the paper.
Send the digitally signed email to the following address:
Excessive Utilization of Resources:
VPSFRONT monitors and curtails resource usage that is outside the allotted resources. VPSFRONT, at it’s discretion, will take action against Subscribers using excessive resources, including, but not limited to, billing for resources used, account suspension, account termination.
VPSFRONT does not allow automated email systems on VPSFRONT’s network. Utilizing VPSFRONT’s services to send bulk and/or commercial information, via any methods, is prohibited. Maintaining an open, unsecured SMTP relay is prohibited. Upon receipt of a complaint, VPSFRONT will investigate the issue, and at VPSFRONT’s discretion, will suspend or terminate the Subscriber’s account. VPSFRONT reserves the right to prosecute, and to collect resultant legal fees.