ChartVPS is a subsidiary of mnikolic, Inc. Our services are intended for traders to remotely host their charting and broker platforms with legal intentions in mind.
This agreement becomes active when you sign up for a ChartVPS service and will become void once the account with the Provider is terminated.
ChartVPS subscription services, including Personal VPS, Professional VPS, Institutional VPS, Supercomputer VPS (collectively "Services") may only be used for lawful purposes:
Transmitting, Storage, or Distribution of any information, data or material in violation of American and Canada's Federal, State, Provincial and local regulation or law, or by the common law, is prohibited. This includes, but is not limited to copyright, trademark, trade secret, or any other statue. ChartVPS reserves the right to remove the infringing data from its server along with the account at our discretion. ChartVPS strictly forbids anyone using our servers to distribute, store or transmit obscene or pornographic material, or any other material which ChartVPS determines unacceptable.
This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of ChartVPS management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in Otario, Canada and any dispute will be litigated or arbitrated in Ontario, Canada. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Ontario courts.
Ethical E-mail Usage (SPAM)
Unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account suspension or cancellation. Commercial advertisements are unwelcome in most Usenet discussion groups and on most email mailing lists. Inappropriate posting may result in account suspension or cancellation.
See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such.
Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium. Upon your first Spam offense your mail will be disabled for 72 hours.
Upon your second Spam offense your entire domain will be disabled for 72 hours and you will be fined $200.00 per sent Spam. Upon your third offense your account with ChartVPS will be terminated, you will be fined $500.00 per sent Spam. No refunds will be given if your account is terminated for Spam. Adult Content:
ChartVPS strictly prohibits the storage and distribution of Adult Content. This includes, but is not limited to softcore pornography, hardcore pornography, or anything else which may be deemed legal viewing only for users 18 or older. Users found distributing content of this nature will have their accounts terminated at the discretion of the management.
ChartVPS strictly prohibits the storage and distribution of, or linking to, Torrents or Torrent sites.
Customers may not use the ChartVPS network (servers, infrastructure) with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy.
Customers may not attempt to interfere with or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. ChartVPS will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
IP Address Ownership
ChartVPS shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by ChartVPS and ChartVPS reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
Intellectual Property Rights
Material accessible to you through ChartVPS services are subject to protection under the Canada and United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use ChartVPS or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the ChartVPS network.
Cancellation By ChartVPS
ChartVPS reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by ChartVPS if ChartVPS institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the customer.
Cancellation By Customers
A customer may cancel their Monthly or Annual plan at anytime, however, prepaid monthly and annual subscriptions are not refundable. For example, it is November 15th and you wish to cancel your monthly VPS plan. Cancellation request received on November 15th will take place at the end of your prepaid subscription (the whole month of November) - another words on December 1. Similarly annual plan cancellations will take place at the end of the current annual subscription cycle. For example, you signed up for an Annual plan on November 15th 2013, and place a cancellation request on March 15, 2014. The cancellation will take effect on November 15th 2014 and you will not be billed for the subsequent (2014-2015) cycle.
Changing Subscriptions: The Customer has the right to switch plans at anytime during the duration of their subscription. A credit for the unused portion of the subscription can be applied by ChartVPS towards the acquisition of a new subscription. Clients will not be refunded for any difference between the price of the new subscription and the old subscription(s). Any balance will be left on the client's account as a credit to be used for subscription renewals or future subscription purchases.
By default client accounts paid by Credit Card are set to auto-renew to avoid suspension of services by the automated provisioning system or lose sensitive data and domains ownership. Clients can change the renewal settings on the account through Paypal. No refunds are issued for renewals.
All accounts are set up on a pre-pay basis. All pricing is guaranteed for the term of pre-payment. ChartVPS reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies ChartVPS via http://chartvps.com/support to request termination of services.
ChartVPS will bill each client $50 per returned check, per wire transfer received and per credit card charge-back received.
ChartVPS is not responsible for content distributed through our customers' websites and will not be held liable for such. ChartVPS makes no warranties of any kind, expressed or implied, for services we provide. ChartVPS disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by ChartVPS and its employees. For those that dislike legal speak, see our plain English disclaimer for more details.
ChartVPS reserves the right to deny new accounts to anyone deemed a risk by the staff. ChartVPS reserves the right to revise its policies, and prices at any time without prior notification.
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD CHARTVPS (INCLUDING mnikolic) HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST CHARTVPS (INCLUDING mnikolic), ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLO YEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS CHARTVPS (INCLUDING mnikolic) LTD. AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH CHARTVPS (INCLUDING mnikolic) SERVER; (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 CUSTOMER FROM CHARTVPS (INCLUDING mnikolic)'S SERVER.