EUROVPS/TERMS
OF SERVICE
As a provider of Internet access, web site hosting, and other
Internet-related services, EuroVPS offers its customers (also
known as subscribers), and their customers and users, the means
to acquire and disseminate a wealth of public, private, commercial,
and non-commercial information. EuroVPS respects that the Internet
provides a forum for free and open discussion and dissemination
of information, however, when there are competing interests at
issue; EuroVPS reserves the right to take certain preventative
or corrective actions. In order to protect these competing interests,
EuroVPS has developed an Acceptable Use Policy ("AUP"),
which supplements and explains certain terms of each customer's
respective service agreement and is intended as a guide to the
customer's rights and obligations when utilizing EuroVPS's services.
This AUP will be revised from time to time. A customer's use of
EuroVPS's services after changes to the AUP are posted on EuroVPS's
web site, www.EuroVPS.com, will constitute the customer's acceptance
of any new or additional terms of the AUP that result from those
changes. EuroVPS reserves the right to amend, change, or modify
Terms of Service without notifying the customers.
One important aspect of the Internet is that no one party owns
or controls it. This fact accounts for much of the Internet's
openness and value, but it also places a high premium on the judgment
and responsibility of those who use the Internet, both in the
information they acquire and in the information they disseminate
to others. When subscribers obtain information through the Internet,
they must keep in mind that EuroVPS cannot monitor, verify, warrant,
or vouch for the accuracy and quality of the information that
subscribers may acquire. For this reason, the subscriber must
exercise his or her best judgment in relying on information obtained
from the Internet, and also should be aware that some material
posted to the Internet is sexually explicit or otherwise offensive.
Because EuroVPS cannot monitor or censor the Internet, and will
not attempt to do so, EuroVPS cannot accept any responsibility
for injury to its subscribers that results from inaccurate, unsuitable,
offensive, or illegal Internet communications.
When subscribers disseminate information through the Internet,
they also must keep in mind that EuroVPS does not review, edit,
censor, or take responsibility for any information its subscribers
may create. When users place information on the Internet, they
have the same liability as other authors for copyright infringement,
defamation, and other harmful speech. Also, because the information
they create is carried over EuroVPS's network and may reach a
large number of people, including both subscribers and non-subscribers
of EuroVPS, subscribers' postings to the Internet may affect other
subscribers and may harm EuroVPS's goodwill, business reputation,
and operations. For these reasons, subscribers violate EuroVPS
policy and the service agreement when they, their customers, affiliates,
or subsidiaries engage in the following prohibited activities:
Spamming -- Sending unsolicited bulk and/or
commercial messages over the Internet (known as "spamming").
It is not only harmful because of its negative impact on consumer
attitudes toward EuroVPS, but also because it can overload EuroVPS's
network and disrupt service to EuroVPS subscribers. Also, maintaining
an open SMTP relay is prohibited. When a complaint is received,
EuroVPS has the discretion to determine from all of the evidence
whether the email recipients were from an "opt-in" email
list. Customers engaging in spam, while operating an open SMTP
relay will have their accounts terminated and all moneys forfeited.
Intellectual Property Violations -- Engaging
in any activity that infringes or misappropriates the intellectual
property rights of others, including copyrights, trademarks, service
marks, trade secrets, software piracy, and patents held by individuals,
corporations, or other entities. Also, engaging in activity that
violates privacy, publicity, or other personal rights of others.
EuroVPS is required by law to remove or block access to customer
content upon receipt of a proper notice of copyright infringement.
It is also EuroVPS's policy to terminate the privileges of customers
who commit repeat violations of copyright laws.
Obscene Speech or Materials -- Using EuroVPS's
network to advertise, transmit, store, post, display, or otherwise
make available child pornography or obscene speech or material.
EuroVPS is required by law to notify law enforcement agencies
when it becomes aware of the presence of child pornography on
or being transmitted through EuroVPS's network. We will notify the authorities and provide them with your complete contact information as well as all logs required to successfully prosecute child pornography cases, including your home IP numbers, logs of all activities, payment details, and any/all information we have on file.
Defamatory or Abusive Language -- Using EuroVPS's
network as a means to transmit or post defamatory, harassing,
abusive, or threatening language shall result in suspension and subsequent termination of services.
Forging of Headers -- Forging or misrepresenting
message headers, whether in whole or in part, to mask the originator
of the message shall result in suspension and subsequent termination of services. Should we detect you using our servers to SPAM, your account shall be terminated.
Illegal or Unauthorized Access to Other Computers or
Networks -- Accessing illegally or without authorization
computers, accounts, or networks belonging to another party, or
attempting to penetrate security measures of another individual's
system (often known as "hacking"). Also, any activity
that might be used as a precursor to an attempted system penetration
(i.e. port scan, stealth scan, or other information gathering
activity). This includes running 'anonymous services' such as Proxy servers,VPN servers, and other servers which allow the public to use our network address space to mask their identity. Internet Relay Chat is not permitted on our network, otherwise known as IRCd or 'IRC'.
Distribution of Internet Viruses, Worms, Trojan Horses,
or Other Destructive Activities -- Distributing information
regarding the creation of and sending Internet viruses, worms,
Trojan horses, pinging, flooding, mail bombing, or denial of service
attacks. Also, activities that disrupt the use of or interfere
with the ability of others to effectively use the network or any
connected network, system, service, or equipment. Such activities shall result in suspension and subsequent termination of services.
Facilitating a Violation of this AUP -- Advertising,
transmitting, or otherwise making available any software, program,
product, or service that is designed to violate this AUP, which
includes the facilitation of the means to spam, initiation of
pinging, flooding, mail bombing, denial of service attacks, and
piracy of software. Such activities shall result in suspension and subsequent termination of services.
Other Illegal Activities -- Engaging in activities
that are determined to be illegal, including advertising, transmitting,
or otherwise making available ponzi schemes, pyramid schemes,
fraudulently charging credit cards, and pirating software. Downloading pirated software using P2P applications shall result in immediate termination of services. You are not permitted to use EuroVPS networks and servers, to pirate software illegally. Software piracy is a crime, and we will forward details of violators to authorities upon discovery. We regularly scan our servers for pirated software i.e. 'warez'.
Other Activities -- Engaging in activities,
whether lawful or unlawful, that EuroVPS determines to be harmful
to its subscribers, operations, reputation, goodwill, or customer
relations. EuroVPS subscribers are not permitted to cause disruption to other users by way of inbound DDOS/DOS attacks. Subscribers who are attacked by DDOS/DOS shall be null routed to prevent damage to our network and other users. We do not provide DDOS/DOS friendly hosting and do not provide haven to sites which are considered 'DDOS magnets'.
As we have pointed out, the responsibility for avoiding the harmful
activities just described rests primarily with the subscriber.
EuroVPS will not, as an ordinary practice, monitor the communications
of its subscribers to ensure that they comply with EuroVPS policy
or applicable law. When EuroVPS becomes aware of harmful activities,
however, it may take any action to stop the harmful activity,
including but not limited to, removing information, shutting down
a web site, implementing screening software designed to block
offending transmissions, denying access to the Internet, or take
any other action it deems appropriate. EuroVPS does not permit it's
subscribers to host adult material on our web or database servers.
This is the responsibility of the customer to research thoroughly.
If EuroVPS - Security receives an order to provide information
about a customer to a law enforcement authority, we will provide
that information. EuroVPS will absolutely not be held accountable
for information stored on EuroVPS servers. Customer is 100% responsible
for all data stored under his account / control. Proof positive
of a customer's access & knowledge of data stored on said
servers includes FTP logs, login logs, and payment/signup confirmations.
We record and store IP's used to access our systems, and will
forward said information to law enforcement if request follows
due process.
EuroVPS does maintain it's own backups of file, web, and database
servers. These backups can be used by EuroVPS to restore a failed
server or drive array. These backups are not for the customer's
usage, and no custom restore requests can be guaranteed to be
processed. Customer is responsible for their own backups. EuroVPS
holds absolutely no liability to any customer for any data stored
on EuroVPS servers.
EuroVPS also is aware that many of its subscribers are, themselves,
providers of Internet services, and that information reaching
EuroVPS's facilities from those subscribers may have originated
from a customer of the subscriber or from another third-party.
EuroVPS does not require its subscribers who offer Internet services
to monitor or censor transmissions or web sites created by customers
of its subscribers. EuroVPS has the right to directly take action
against a customer of a subscriber. Also, EuroVPS may take action
against the EuroVPS subscriber because of activities of a customer
of the subscriber, even though the action may affect other customers
of the subscriber. Similarly, EuroVPS anticipates that subscribers
who offer Internet services will cooperate with EuroVPS in any
corrective or preventive action that EuroVPS deems necessary.
Failure to cooperate with such corrective or preventive measures
is a violation of EuroVPS policy.
EuroVPS also is concerned with the privacy of on-line communications
and web sites. In general, the Internet is neither more nor less
secure than other means of communication, including mail, facsimile,
and voice telephone service, all of which can be intercepted and
otherwise compromised. As a matter of prudence, however, EuroVPS
urges its subscribers to assume that all of their on-line communications
are insecure. EuroVPS cannot take any responsibility for the security
of information transmitted over EuroVPS's facilities.
EuroVPS reserves the right to cancel any account at any time,
for any reason. We expect our users to treat our technical support engineers with a professional tone at all times. Should any users use profanity, threats, or otherwise verbally abuse our engineers the contract for services between 'user' and 'provider' shall be nulled.
EuroVPS will not be responsible for any damages your business
may suffer. In case of payment reversal or charge back, customer
account shall be immediately and permanently closed, without further
possibility of reactivation. In such a case all data would be irrevocably deleted. This applies to any and all accounts.
EuroVPS makes no warranties of any kind, expressed or implied
for services we provide. EuroVPS 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 EuroVPS and its employees.
Services deactivated due to non-payment or decline of charges,
will be assessed a 125.00 EUR delay penalty, which shall not be
waived under any circumstances. This is particularly important for
customers choosing to make payment via PayPal, as per our terms,
pre-paid accounts will be disconnected on the last day of the
subscription unless balance has been recharged in advance. Customers
electing to pay via Credit Card will be automatically billed.
EuroVPS will not intentionally monitor private electronic mail
messages sent or received by its subscribers unless required to
do so by law, governmental authority, or when public safety is
at stake. If EuroVPS detects illegal activity taking place on
it's network, it may record incoming and outgoing IP addresses,
and any other information needed to assist in the prosecution
of offenders. EuroVPS reserves the right to use any method available
to monitor and record illegal activities taking place on it's
network, and forward these records to law enforcement, if we feel
that it is in the interest of public safety.
EuroVPS will monitor its service electronically to determine
that its facilities are operating satisfactorily. Also, EuroVPS
may disclose information, including but not limited to, information
concerning a subscriber, a transmission made using our network,
or a web site, in order to comply with a court order, subpoena,
summons, discovery request, warrant, statute, regulation, or governmental
request. EuroVPS assumes no obligation to inform the subscriber
that subscriber information has been provided and in some cases
may be prohibited by law from giving such notice. Finally, EuroVPS
may disclose subscriber information or information transmitted
over its network where necessary to protect EuroVPS and others
from harm, or where such disclosure is necessary to the proper
operation of the system.
EuroVPS expects that its subscribers who provide Internet services
to others will comply fully with all applicable laws concerning
the privacy of on-line communications. A subscriber's failure
to comply with those laws will violate EuroVPS policy. Finally,
EuroVPS wishes to emphasize that in signing the service agreement,
subscribers indemnify EuroVPS for any violation of the service
agreement, law, or EuroVPS policy that results in loss to EuroVPS
or the bringing of any claim against EuroVPS by any third-party.
This means that if EuroVPS is sued because of a subscriber's or
customer of a subscriber's activity, the subscriber will pay any
damages awarded against EuroVPS, plus costs and reasonable attorneys'
fees.
We hope this AUP is helpful in clarifying the obligations of
Internet users, including EuroVPS and its subscribers, as responsible
members of the Internet.
E-mail: security@eurovps.com
