Terms and Conditions at VPSforFX
Last Revised: 12/09/2024
1. Scope and regulation
1.1. This document (the “Agreement”) sets forth the principles, guidelines and requirements of the general terms and conditions of HOSTLINE, UAB, company number 302660481, registered address Dariaus ir Gireno str. 42a, Vilnius, LT-02189 Lithuania (the “Company”) services on vpsforfx.com platform (“Services “) provided to the customer (“Customer”).
1.2. Order – a document signed by the Customer or submitted in the Company online platform, which specifies the Services to be ordered, the term of Service provision and other necessary information.
1.3. In case of specific provisions in the Order are inconsistent with this Agreement the provisions of the Order will prevail.
2. Service ordering, Renewal
2.1. By ordering or renewing Services, Customer agrees to the terms and conditions for that Services available on a website vpsforfx.com and terms specified in the Order.
2.2. Unless otherwise specified in the Order, Services are offered on an “as available” basis.
2.3. For each Order, the Customer may choose to have a Services automatically renew or terminate upon expiration of the term.
2.4. Upon renewal of Services, this Agreement will terminate, and Services will thereafter be governed, by the terms and conditions set forth on a website vpsforfx.com on the date on which Services are renewed (the “Renewal Terms”). If the Customer does not agree to any Renewal Terms, the Customer may decline to renew Services.
3. Fees and Billing
3.1. Customer agrees to pay all charges, fees and other amounts for Services that are stated in Order.
3.2. All Services must be paid for in advance. Payment can be made by credit card, bank transfer or other accepted payment methods. The Company reserves the right to suspend or cancel Services if payment is not received on time.
3.3. Unless otherwise stated in a signed Order, the initial term of Services shall be month-to-month, commencing on the Service Order date and shall automatically renew each month thereafter. Monthly Service fees are due on the 1st of each month for the current month’s service.
3.4. Customer agrees to future automatic payments if a Credit Card or PayPal recurring payment is used unless service cancellation is requested by the Customer or otherwise indicated to the Company. Refunds for the automatic service renewal payments are not given.
3.5. All plans include a 14 day money back guarantee. While Customer may cancel Service and billing according to the procedure specified in this Agreement, refunds for payments made are not given after the initial 14 day period.
3.6. All dedicated server plans offered by the Company, regardless of the billing period, are subject to 100 euro non-refundable service setup fee. While refunds can be issued within initial 14 days period, service setup fee is deducted from the total refundable amount.
3.7. Company has the right to unilaterally change the Service fees or the terms and conditions of this Agreement, after notifying the Client about it no later than 1 (one) month in advance. The Customer is informed about the change in service fees only in the event that the service fees are increased. If the Customer continues to use the Services after the changes will constitute, the Customer is deemed to have accepted the changes.
4. Compliance with the Law
4.1. Customer agrees to use Services only for lawful purposes. Customer agrees not to use Services to transmit, distribute, or store any content that is illegal, offensive, or infringes on the rights of others. The Company reserves the right to suspend or terminate Services if the Company determines that Customer has violated this Agreement.
4.2. Customer shall not post, transmit, re-transmit or store material on or through any of Services which (i) is in violation of any law or regulation of the Republic of Lithuania or any local law or regulation of Customer country, (ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, “Persons”) or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by Customer. The Customer agrees to indemnify and hold harmless the Company from any claims resulting from the use of the Services.
5. Prohibited Uses of Services:
5.1. In addition to the other requirements of these Terms of Service, Customer may only use the Services in a manner that, in the Company’s sole judgment, is consistent with the purposes of such Services. If Customer is unsure of whether any contemplated use or action is permitted, please contact the Company as provided above. By way of example, and not limitation, uses described below of the Services are expressly prohibited.
5.2. General:
5.2.1. Pornography and pornographic related merchandising, terrorist content are prohibited under all the Company’s Services. This includes sites that include links to pornographic, terrorist content elsewhere. Further examples of unacceptable content or links include pirated software, “hacker” programs, anonymous/public proxies, proxy services, P2P file sharing, Torrent sharing/seeding, archives of “Warez Sites”, game rooms or MUDs, IRC Bots, IRC, Egg Drop programs, any kind of illegal software or shareware. In addition, sites offering online gambling, casino functionality, sportsbook betting (including offshore), and internet lotteries are prohibited.
5.2.2. Violations of the rights of any Person protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations, including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by Customer.
5.2.3. Actions that restrict or inhibit any Person, whether the Customer of Company or otherwise, in its use or enjoyment of any of the Company’s Services.
5.3. System and Network:
5.3.1. Introduction of malicious programs into the Company’s network or server (e.g., viruses and worms).
5.3.2. Effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which Customer is not an intended recipient or logging into a server or account that Customer is not expressly authorized to access. For purposes of this Section 5.3.2., “disruption” includes, but is not limited to, port scans, flood pings, packet spoofing and forged routing information.
5.3.3. Executing any form of network monitoring which will intercept data not intended for the Customer’s server.
5.3.4. Circumventing user authentication or security of any host, network or account.
5.3.5. Interfering with or denying service to any user other than Customer’s host (for example, denial of service attack).
5.3.6. Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable, a user’s terminal session, via any means, locally or via the Internet.
5.3.7. Creating an “active” full time connection on a Company-provided account by using artificial means involving software, programming or any other method.
5.3.8. Any attempt to circumvent or alter monitoring, bandwidth tracking or utilization reporting, or other actions which have the effect of complicating the normal operational procedures of the Company, including but not limited to altering, removing or in any way modifying or tampering with Company created log files.
5.3.9. Any action which the Company determines, in its own judgment, will reflect poorly on the Company or negatively impact its operations.
5.3.10. Any action which the Company deems to be an unacceptable use of resources, business practice or otherwise unacceptable to the Company.
5.4. Billing:
5.4.1. Furnishing false or incorrect data on the order form, contract or online application, including fraudulent use of credit card numbers.
5.4.2. Attempting to circumvent or alter the processes any billing procedures or procedures to measure time, bandwidth utilization, or other methods to document “use” of the Company’s Services.
5.5. Mail:
5.5.1. Sending unsolicited commercial email messages (UCE), including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material, who were not previous customers of Customer or with whom Customer does not have an existing business relationship (“email spam”).
5.5.2. Sending UCE referencing an email address for any domain hosted by the Company;
5.5.3. Sending UCE referencing a domain hosted by the Company;
5.5.4. Sending UCE referencing an IP address hosted by the Company;
5.5.5. Posting advertisements on IRC, ICQ, or any other public chat system containing an email address hosted by the Company, a domain hosted by the Company, an IP address belonging to the Company.
5.6. The Company leaves a right to suspend or terminate Customers server without explanation if the server participates in any abusive or illegal activity or when any form of convincible abuse, illegal and/or infringing content or activities is found. Suspended or terminated server is not eligible for a refund.
6. Customer Support
6.1. The Company provides technical support for Services. The Company makes reasonable efforts to resolve technical issues, but the Company does not guarantee that all issues will be resolved.
7. Indemnification of Company/Relationship of Parties
7.1. The Customer agrees to indemnify and hold harmless the Company, its subsidiaries, affiliates and each of their respective officers, employees, and/or agents (each an “Indemnified Party”) against any losses, claims, liabilities, damages, judgements, penalties, actions, proceedings, or any and all costs thereof (“Losses”) to which an Indemnified Party may become subject and which Losses arise out of, or relate to the Agreement, the Customer’s use of the Services, breach of any confidentiality obligation or any alleged infringement of any trademark, copyright, patent or other intellectual property right and will reimburse the Indemnified Party for all legal and other expenses, including reasonable attorney fees incurred by such Indemnified Party, in connection with investigating, defending, or settling any Loss, whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.
8. Security/Software
8.1. Customer agrees to take all steps reasonable, necessary, and prudent to protect Customer’s login ID and password.
8.2. Customer agrees not to attempt to undermine or cause harm to any server, software, system or customer of the Company.
8.3. Customer agrees to maintain Customers’ computing equipment responsibly, including running virus software.
8.4. Uploading a virus to a Company server will result in account termination, service charges and/or prosecution.
9. LIMITATION AND EXCLUSION OF LIABILITY
9.1. Limitations. Under no circumstances shall the Company, its subsidiaries, affiliates, or officers be held liable for any damages, unauthorized access, alteration, loss, theft, or destruction of information, data, business, or any other direct or indirect damages. Furthermore, the Company shall bear no liability under this Agreement or otherwise for consequential, exemplary, special, incidental, or punitive damages, even if the Company has been informed of the potential for such damages. In any event, the Company’s liability to the Customer, for any reason and upon any cause of action, shall be capped at the amount actually paid to the Company by the Customer during 14 days immediately preceding the date on which such claim arose. This limitation applies to all aggregate causes of action, including, but not limited to, breach of agreement, breach of warranty, negligence, strict liability, misrepresentations, and other torts. The fees for the services established by the Company under this Agreement have been and will continue to be based on this risk allocation. Consequently, the Customer hereby releases the Company from any and all obligations, liabilities, and claims that exceed the limitation outlined in this section.
9.2. Interruption of Service. The Company shall not be held responsible for temporary delays, outages, or interruptions in the provision of Services. Furthermore, the Company shall not be liable for any delays or failures to perform its obligations under this Agreement when such delays or failures result from force majeure or other causes beyond its reasonable control, including, but not limited to, mechanical, electronic, communications, or third-party supplier failures.
9.3. Maintenance. The Company retains the right to temporarily suspend Services for the purposes of maintenance, repair, or system and network upgrades. While the Company will make reasonable efforts to notify the Customer of scheduled maintenance, it is under no obligation to do so.
9.4. Backups and Data Loss. The Customer utilizes the Company’s servers and Services at their sole risk. The Company shall not be held responsible for files and/or data residing on its servers. While complimentary backups may be offered by the Company, the Customer agrees to assume full responsibility for files and data transferred to/from and maintained on their leased server. It is the Customer’s responsibility to create backups of data residing on their server.
10. Violation
10.1. Any attempt to undermine or cause harm to the Company’s servers or another customer’s web presence, or any breach of this Agreement, is strictly prohibited. Violation of the Terms of Service outlined above will result in grounds for termination of Services, with no refunds issued. The Company reserves the right to terminate this Agreement without prior notice. Violation of these Terms of Service may lead to legal action, service charges, or a combination thereof.
11. Confidentiality
11.1. Customer acknowledges that by reason of their relationship, both the Customer and the Company may have access to certain products, information and materials relating to the other party’s business, which may include business plans, customers, software technology, and marketing plans that are confidential and of substantial value to either party, respectively, and which value would be impaired if such information were disclosed to third parties. Consequently, both the Company and the Customer agree that it will not use in any way for its own account or for the account of any third party, nor disclose to any third part, any such information revealed to it by either party, as the case may be.
11.2. The Customer and the Company further agrees that each will take every appropriate precaution to protect the confidentiality of such information. In the vent of termination of this agreement, there shall be no use or disclosure by either party of any such confidential information in its possession, and all confidential documents shall be returned to the rightful owner, or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, either party shall be entitled to injunctive relief, which relief will not be contested by the Customer or the Company.
12. Personal data processing
12.1. When the Company provides Services to the Customer, the Company acts as a data processor of personal data controlled by the Customer. In this case, the Customer’s personal data is processed in accordance with the Data Processing Agreement published on website vpsforfx.com.
13. Refusal of Service and termination
13.1. The Agreement is valid for the period specified in the Order.
13.2. The Agreement enters into force from the date of its conclusion and is valid until the end of the provision of Services.
13.3. Each party has the right to terminate the Agreement by notifying the other party in writing or via electronic means 14 calendar days in advance. Termination of this Agreement may result in the payment of a penalty specified in the Order. Early termination of the Agreement does not result in a refund of sums already paid to the Company and does not affect the payment obligations of the Customer.
13.4. The Company has the right to unilaterally terminate this Agreement or the provision of a certain Service immediately, in the following cases:
13.4.1. if the Customer does not fulfill obligation assumed by this Agreement;
13.4.2. if there are any restrictions or sanctions on the Customer’s activities or the Company cannot fulfill its obligations under the Agreement due to third-party restrictions.
13.5. Upon unilateral termination of this Agreement, if the Order term has not expired, the Customer obligates to pay all fees related to the Services actually provided to him by the Company, compensate the Company for all discounts granted, pay termination fine, as well as reimburse all other expenses incurred by the Company, while performing the Agreement, except in cases where the Customer refuses the Service, after receiving a notification from the Company about the increase in the price of the Service or about the change of other essential conditions of the Agreement that worsen the situation of the Customer.
13.6. The Parties have the right to unilaterally terminate this Agreement immediately, in the following cases:
13.6.1. The other party is declared bankrupt or liquidated;
13.6.2. The other party is not (any longer) able or willing to be considered to fulfill its obligations arising from the Agreement.
14. Disclaimer
14.1. USE OF THE COMPANY’S SERVICES IS AT THE CUSTOMER’S SOLE RISK. NEITHER THE COMPANY NOR ITS EMPLOYEES, AGENTS, RESELLERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS, OR SIMILAR ENTITIES MAKE ANY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE COMPANY’S SERVICES. THERE IS NO GUARANTEE THAT THE COMPANY’S SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO THEY MAKE ANY WARRANTY REGARDING THE RESULTS THAT MIGHT BE OBTAINED FROM USING THE COMPANY’S SERVICES, OR THE ACCURACY AND RELIABILITY OF ANY INFORMATION, SERVICE, OR MERCHANDISE CONTAINED OR PROVIDED THROUGH THE COMPANY’S SERVICE, UNLESS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT. THIS DISCLAIMER INCLUDES THE POTENTIAL LOSS OF DATA, WHICH MAY RESULT FROM DELAYS, INCORRECT DELIVERIES, WRONG DELIVERIES, OR ANY SERVICE INTERRUPTIONS CAUSED BY THE COMPANY AND ITS EMPLOYEES OR OTHER CAUSES.
15. Dispute
15.1. The Agreement is subject to Lithuanian law.
15.2. The Parties have agreed that all disputes regarding the performance of obligations under this Agreement will be solved in Lithuanian courts.
16. Final Provisions
16.1. The Company retains the right to modify these Terms of Service at any time after notifying the Client about it no later than 1 (one) month in advance. If the Customer continues to use the Services after the changes will constitute, the Customer is deemed to have accepted the changes.
16.2. It is prohibited for Customer and/or its user to allow, or transfer rights to third parties to use Services rights unless the Company gives express written permission.
16.3. Nothing contained herein shall be deemed to create a relationship between the Company and Customer in the nature of a partnership, joint venture or otherwise. Both parties acknowledge and agree that the Company has no interaction with the data or substance of Customer’s Website, except as necessary to maintain service.
