This agreement becomes active when you sign up for an ChartVPS service and will become void once the account with ChartVPS is terminated.
ChartVPS subscription services, including Standard VPS, Personal VPS, Scalper VPS, Daytrader VPS, Professional VPS, Institutional VPS, Quant VPS, Dedicated Personal, Dedicated Ultra (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 Ontario, 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.
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.
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.
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.
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.
A customer may cancel their plan at anytime, however, prepaid weekly, monthly, and annual subscriptions are not refundable. For example, a customer signed up on Monday and they cancel their prepaid weekly plan on Wednesday – the service will remain in effect until the prepaid period exhausts, which falls on the following Wednesday. Customers can cancel their subscriptions by contacting us or via their user portal.
The Customer has the right to switch plans (upgrade or downgrade) at anytime during the duration of their subscription. A credit for the unused portion of the subscription will be applied by ChartVPS towards the upgrade/downgrade of a new subscription.
By default customer accounts are set to auto-renew weekly, monthly, or annually (depending on selected renewal frequency) to avoid suspension of services by the automated provisioning system or lose sensitive data or domain ownership. Contact us if you wish to change your billing period frequency.
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 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.
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 harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against ChartVPS, 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 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 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’s server.