True VPS Hosting

Dallas (US) Fremont (US) Amsterdam (NL) Bucharest (RO) London (UK) Singapore (MY) New York (US) San Francisco (US)

Terms and Conditions

The Provider

True VPS Hosting service is operated by True Solutions and will be referred as: "Provider" or "True VPS Hosting".

The Customer

The Customer represents and warrants that, if an individual, Customer is at least 18 years old and otherwise legally competent in all respects to, or, if an entity, Customer is a corporation, limited liability company, partnership, or other legal entity duly formed and in good standing, as applicable, and possesses all legal authority and power to accept and be bound by these Terms. Further, Customer represents and warrants all information provided by Customer to True VPS Hosting has been and is complete, accurate, and current, and that Customer shall continue to provide complete, accurate and current information to True VPS Hosting in connection with all registration or renewal processes and further agrees to update all such information as necessary to maintain complete, accurate and current information. Although customers of paid services offered through True VPS Hosting must be at least 18 years of age and otherwise legally competent to accept and be legally bound by these Terms, a parent or legal guardian of a minor may obtain an account on the minor's behalf. By doing so, consents to such minor's use of the Services. Subscribing parents and legal guardians each for herself or himself, as applicable, accept and agree to be legally bound by these Terms, and assume full responsibility and liability associated with any failure of compliance with the Terms in connection with said minor's use of any of the Services.

The Provider does not accept anonymous Customers. All Customer information must be complete, accurate, and current. Customers that deliberately provide false name and/or address information will find their accounts terminated immediately. No refund will be provided.

The Provider is entitled to ask for a scanned or photographed official identification document that is issued by the Customer's government and certifies Customer's identify and/or a utility bill issued in the Customer's name. This may be requested by the Provider in order to perform fraud and security checks.

The Customer is fully responsible for securing his hosting account and ensuring that this agreement is not broken by any third party with or without his knowledge or consent.

Software license and rights

If, and to the extent that the Customer requires use of the Provider's software in order to use the services, True VPS Hosting grants to the Customer a royalty-free, world-wide, non-transferable, non-exclusive license to use the Provider's software in object code form only. The Customer has the right to authorize employees, agents, and third party consultants and contractors to use the Provider's software as aforesaid provided that such use is consistent with the terms of this agreement.

Save as expressly set out herein, this agreement does not:

The Customer agrees not to personally, or through any parent, subsidiary, affiliate, agent or other third party:

IP addresses

The Customer acknowledges no right, title, or interest in the IP address allocated to the Customer, and that any IP address allocated to the Customer is allocated as part of the services and is not portable or otherwise transferable by the Customer in any manner whatsoever. If an IP address is renumbered or reallocated by the Provider, the Provider shall use all reasonable endeavors to avoid any disruption to the Customer.

The Customer agrees to no right, title, or interest to the IP address upon termination of this agreement, and that the acquisition by the Customer of a new IP address for the Customer's VPS following termination of this agreement shall be the exclusive responsibility of the Customer.

Service Level Agreements

The Provider provides Customers with 99.9% uptime excluding planned maintenance. Uptime is considered to be when the server you are hosted on is accessible via IP address. This Service Level Agreement (SLA) does not cover downtime due to mistakes on the Customer's behalf or due to account being suspended. In the event that this SLA is breached, True VPS Hosting will refund up to 50% of the monthly fees at a rate of 10% of monthly fee for every 1% of downtime below 99.9%. Refund requests must be submitted through a ticket to the billing department.

Taxes

The prices presented on truevpshosting.com web site do not include taxes.

The Service

The Customer may terminate the service at any time by giving at least two days' notice by contacting the Provider via email. All cancelations are processed in up to two days.

The virtual private servers are offered as unmanaged service. Provider obligations are limited to offering the Customer the virtual private server access and will not configure, secure, or do any software configuration on your virtual private server (VPS). Support is not offered for any software that will be offered by the Provider, nor for any software that the Customer may install.

Should any part of the Customer's account be overdue, the Provider reserves the right to suspend or cancel all services associated with that account.

The Customer's contract with True VPS Hosting lasts and renews for the length of the billing period. For example, if payment is monthly, the contract is for one (1) month. If payment is quarterly, the contact lasts three (3) months. Should late payment exceed two (2) days, the Provider reserves the right to levy a late fee on the Customer's account of 10%. Beyond one (1) day late, the Provider will suspend the Customer's virtual server. After four (4) days, the Customer's virtual server will be terminated.

For the purposes of this agreement "downtime" means any service interruption of one minute or more in the availability to visitors of the Website pursuant to the Services, but only if the interruption is due to a default by the Provider resulting in power, network or hardware failure, but excluding software issues.

Outages, including emergency and previously scheduled windows for router switch or server maintenance, are not to be included in downtime calculations. The Provider shall make all commercially reasonable efforts to provide the Customer with email notification prior to all scheduled and emergency outages.

The Provider shall notify the Customer of any report of downtime, and investigate it using suitably qualified personnel, as soon as reasonably practicable after being made aware of it, and shall remedy the downtime as soon as reasonably practicable.

Service Security

It is exclusively the Customer's obligation to maintain and control passwords to the Customer's VPS system (s) and web site(s). The Customer is exclusively responsible for all activities that occur in connection with the Customer's user name, password, registered domain name(s); as well as any and all scripts or programs added to the account by the Customer or authorized users. True VPS Hosting will not be liable for any loss or damages of any kind, under any legal theory, caused by Customer's failure to comply with the foregoing security obligations or caused by any person to whom Customer grants access to Customer's Services. Any programs or scripts are solely the Customer's responsibility to update and secure.

Force Majeure

True VPS Hosting will not be liable for delays in its performance of the Terms and Conditions or True VPS Hosting services caused by circumstances beyond True VPS Hosting' reasonable control, including: acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). True VPS Hosting will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of Customers for the payment of money due. Any waiver, modification, or amendment of any provision of the Terms and Conditions or other agreement for True VPS Hosting services, initiated by a Customer, will be effective only if accepted in writing and signed by an authorized representative of True VPS Hosting.

CPU allocation

The Provider offers all virtual private servers the ability to burst the CPU usage to 4 cores of (at least) 2.67GHz each. The guaranteed level of CPU power is 1GHz for VPS Starter and Small and 2GHz for VPS Medium and Large. The Provider reserves the right to limit the CPU power to the guaranteed level if the VPS is using large amounts of CPU power for sustained periods of time.

Governing Law and Severability

The Terms and Conditions, and any other agreement for True VPS Hosting services, will be governed by and construed in accordance with the laws of Pakistan without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and True VPS Hosting will take place in Romania. The Customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the Terms and Conditions or other True VPS Hosting agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the Terms and Conditions or the agreement will continue in full force and effect.

Acceptable Use Policy

The Customer shall NOT use the services or the servers provided by the Provider to:

If the Customer is (D)DOSsed, the Provider reserves the right to suspend that account to limit the attack. If the Customer is found to have caused the (D)DOS, that account may be suspended or cancelled and the Customer billed.

Abuse towards the Provider's staff in the form of verbal or other abuse that the Provider deems to be offensive may result in cancellation of the Customer's account.

No free hosting companies are allowed on the Provider's service due to the high risk of abuse by end clients.

Proxies are tolerated for personal use only. Should they cause issue, True VPS Hosting has the right to suspend them and inform the Customer of the need to upgrade or move the proxy.

The Provider does not monitor, and will have no liability for the contents of, or any communications transmitted by virtue of the services. Notwithstanding the aforesaid, the Provider reserves the right to withdraw the service without compensation to the Customer in the event of a breach of the Acceptable Use Policy. Any such breach shall be treated as a fundamental breach of contract.

Backups

The Provider does not make any backups of the Customers' data. It is the Customer's responsibility to backup data. The Provider does not accept any liability for any Customer data whether being lost due to Customer failure to backup data. This includes the event of hardware failures or any other reason for data being lost.

Privacy Policy

The Provider respects the privacy of every Customer, web site visitor, or responder to True VPS Hosting interactive advertisements or e-mail. The information that collected by the Provider will be used according to the law. True VPS Hosting may collect Customer information for processing Customer order, providing the service or improvement of Provider service.

Provider will not share the data of Customers and web site visitors with any third party.

Exclusion of third party rights

The Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement (Terms and Conditions) and no person other than the parties to this agreement shall have any rights under it, nor shall it be enforceable under that Act by any person other than the parties.

Termination

The Provider reserves the right to terminate Customer account, and any future business relation with the Customer, for any suitable reason at any time via email notification.