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1. Acceptance of Terms
boxVPS.com provides web-hosting service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the current version of the Terms of Service at any time at: https://www.boxvps.com/tos. Please note that other boxVPS.com services, outside of boxVPS.com, are governed by a different Terms of Service.


2. Description of Services
boxVPS.com provides users with access to various on-line resources, including personal web page hosting services (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service and shall be subject to the Terms of Service.


3. Registration Obligations
In consideration of use of the Service, you agree to:




New Accounts

1. Pay the initial balance due with-in 14 days of registration. Accounts will not be activated until the balance is paid. If the balance due is not resolved with-in 14 days the order will be deleted from our billing system.

2. Provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data").



Existing Customers

3. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or boxVPS.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, boxVPS.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). You also understand and agree that the service may include communications from boxVPS.com, such as service announcements, and administrative messages, and that these communications are for keeping you informed on account status, and feature changes.

4. Privacy Policy
This policy covers how boxVPS.com treats personal information that is collected and received. Personal information is information about you that is personally identifiable like your name, address, email address, or phone number, and that is not otherwise publicly available.




General

boxVPS.com collects personal information when you register with boxVPS.com for products and services.
When you register we ask for information such as your name, email address, zip code, optional company information, and phone number.
boxVPS.com automatically receives and records information on our server logs from your browser, including your IP address (computer address), cookie information, and the page you request.
boxVPS.com uses information for the purposes listed: improve our services, contact you, and billing.




Children

boxVPS.com does not market to children 13 years of age or younger. If any child requests service that is 13 years of age or younger they would need to do so with an account registered under a parent or guardian.




Information Sharing Disclosures

boxVPS.com does not rent, sell, or share personal information about you with other people or nonaffiliated companies except to provide products or services you've requested or under the following circumstances:



1. boxVPS.com responds to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims;

2. We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of boxVPS.com’s terms of use, or as otherwise required by law.

3. We transfer information about you if boxVPS.com is acquired by or merged with another company. In this event, boxVPS.com will notify you before information about you is transferred and becomes subject to a different privacy policy.




Cookies

boxVPS.com may set and access cookies on your computer.




Your Ability to Edit and Delete Your Account Information and Preferences

You can edit your account information at any time. We reserve the right to send you certain communications relating to boxVPS.com services, such as service announcements, administrative messages, and billing. You can delete your boxVPS.com account by E-Mailing hosting@boxvps.com. Information that might be left on boxVPS.com would be in the form of access logs and only accessed by administrative personnel.




Confidentiality and Security

We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs. We have physical, electronic, and procedural safeguards that comply with federal regulations to protect personal information about you.




Changes to this Privacy Policy

boxVPS.com reserves the right to change this privacy policy at any time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your boxVPS.com account or by placing a prominent notice on our site.


5. Network, Hosting and Domain Policies




Web Hosting, Virtual Private Servers (VPS), Virtual Dedicated Servers (VDS) and Billing Guidelines




Terms:

1. Anniversary Billing- When the client is billed on the same day of sign-up every month.

2. Prorate (d)- Meaning you pay for the time you use. All refunds will be handled in this manner.

Ex: Sign-up Date 8th, Refund Requested on the 23rd , client is eligible for a prorated refund from the 24th of the current month to the 8th of the following month. From the 8th to the 8th depending on how many days there are it will be divided by the amount of days between the dates them multiplied by the days requested for the refund.


Ex2:(package amount “$6.95” Divided by 28 “days” gives the amount per day. “6.95/28= $0.25“ (rounding up in the clients favor)


Then you take the amount of days used (14) subtracted from the total amount of days(28), in this case 14 days used and the refund is requested on the 15th day. 28-14= 14 days remaining.


Then you multiple the amount paid per day which is “$0.25” by the days remaining which is “14 days remaining” and you get the prorated refund “$0.25x14=$3.50”

3. Initial Month- the first month of service.

EX: August 1st to September 1st.

EX2: October 19th to November 19th.



Billing

All clients will be billed via “anniversary billing” unless specified otherwise.




Refunds

All customers are eligible for a full refund before the first 14 days of service. If a customer requests a refund after the first 14 days of service the refund will be prorated, and the time used deducted from the refund amount. The only way a customer will not be eligible for a refund is when special circumstances have been stated prior to purchase and agreed upon by viewing the TOS prior to purchase.



Coupons and Dedicated Servers

All coupons are ruled by the terms stated here, and a separate set of guidelines that may state special obligations for becoming eligible for the certain coupon. All coupons will have an expiration date posted on them.



All “Dedicated Servers” are ruled by a separate set of billing guidelines and not eligible for a prorated refund of any kind due to the nature of the “Dedicated Servers”. Refund request(s) must be made with in the first 7 days of service or the customer is not eligible for a refund.




Free Domains

If you (“client”) sign-up for the free domain with any service then cancel that service before the “Initial-Month” is complete and request a full or “Prorated” refund, the price of the domain will be deducted from the refund. If the refund is less than the cost of the domain, the domain can be held at auction for the price remaining




New Domain Accounts:

All new web-hosting accounts involving new domains will be set up and entered into our DNS servers on the date of sign-up. Clients have DNS control to their own accounts through our control panel access, so there will never be a fee for editing, adding, or changing domains. Your domain will normally be available with-in the span of 24 to 48 hours after sign up; this allows the domain registration time to propagate into the our name servers and global registrar records.



Transfer of Domains

New web hosting accounts, which involve the transfer of a domain from another provider to boxVPS.com, will require a maximum of two days from the date of transfer to be set up and entered into our DNS servers. Just like normal DNS registration, it will take time for the domain name to propagate into our name servers and global registrar records.



Existing customers attempting to transfer a domain from boxVPS.com to another provider must make sure any and all balances that are pending are paid before the approval of the domain transfer is processed. Support technicians will not approve the domain transfer if a client wishing to cancel has not settled their existing bill.



Domain Names

boxVPS.com does not allow refunds or exchanges of domain names at any time.

Ex: www.yourdomainname.com once a domain name is purchased, it is purchased for the chosen amount of time set by the customer at the time of purchase (increments of years).



IP Address Ownership

If boxVPS.com assigns a Customer an Internet Protocol address for Customer use, the right to use that Internet Protocol address shall belong only to boxVPS.com, and Customer shall have no right to use that Internet Protocol address except as permitted by boxVPS.com in its sole discretion in connection with the Services, during the term of this Agreement.




boxVPS.com shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by boxVPS.com, and boxVPS.com reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.




Reverse DNS Request- PTR

Reverse DNS requests will be granted unless deemed unsafe by boxVPS.com network administrators. Unsafe with the following guidelines: Domains do not match absolute IP justification, multiple IPs on one domain(sub domains) and known fraudulent activity. It is the sole discretion of boxVPS.com to accept or reject rDNS or PTR requests.



IP Monthly Fees

There is no monthly fee for the first IP(known as the root IP).


Additional IPs are billed at the rate of $0.99 per IP per month.



Bandwidth and Disk Usage

Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes - megabits, or gigabytes - gigabits, per month for the Services ordered by Customer on the Order Form (the "Agreed upon Usage"). boxVPS.com will monitor Customer's bandwidth and disk usage, and if it exceeds the amount used suspension of the account could occur.




boxVPS.com shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Upon Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in boxVPS.com sole and absolute discretion.




If boxVPS.com takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to or after such action.



System Security and Network Security

Users are prohibited from violating or attempting to violate the security of boxVPS.com. Violations of system or Network security may result in civil or criminal liability. boxVPS.com will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

Accessing data not intended for such User or logging into a server or account, which such user is not authorized to access;




Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access;




Attempting to probe, scan or test the vulnerability of a system or Network or to breach security or authentication measures without proper authorization;




Attempting to interfere with service to any user, host or Network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";




Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Taking any action in order to obtain services to which such User is not entitled.



All Virtual Dedicated Servers are required to state their purpose, and will be pre-scanned for approval. Once the virtual dedicated server is operational it is subject to monitoring at anytime without notice, if and “customer” is found in violation of any “Spam” or “Members Conduct” policy is subject to be terminated without notice or refund and could be subject to fines listed below.



If you are able to get online and have other questions, the answers may be on our home page at : www.boxvps.com/faq. Help files in the programs you use have the answers to application specific questions, so please investigate these resources before contacting technical support.

6. Support Boundaries



WebHosting Support

boxVPS.com provides 24 x 7 technical support through E-Mail, and by availability in live help. If for some reason client requests that changes be made to their account via technical support means and measures boxVPS.com will not be held liable for the changes made. boxVPS.com uses the following guidelines when providing support: boxVPS.com provides support related to your server or virtual site physically functioning. boxVPS.com does not offer technical support for application specific issues such as CGI programming, firewall support, html or any other issue such as kernel support.



Reseller Support

boxVPS.com does not provide technical support for our reseller client’s customers. If a reseller’s client requires assistance, they have to contact the reseller directly.




Virtual Private Server Support, Dedicated Server Support

All Virtual Servers and Dedicated Servers are unmanaged services, thus boxVPS.com only offers paid support for both Virtual Private Server and Dedicated Server services and such services are billed as follows:

Administrative Support


Support is offered on an hourly basis with a 1-hour minimum.

1st Hour - $50



2nd Hour - $45



3rd Hour - $40



4th Hour and all hours following - $35 per hour.



Direct Admin Support

Basic function support comes with every Direct Admin license ordered through boxVPS.com. Custom (Non Standard) Direct Admin support will be billed at the rates listed under “Administrative Support”




Liability

boxVPS.com will not be held responsible for damaged or lost materials while offering support to the customer(s) in question. All material should be backed up prior to requesting help from boxVPS.com’s support staff.

7. Spam Policy




Introduction

boxVPS.com has zero tolerance for Unsolicited Broadcast Email and Unsolicited Commercial Email, and situations that would result in the blacklisting of any IP that resides with-in the boxVPS.com network. Google Bombs are strictly prohibited and considered “Spam”. (“UBE/UCE”, commonly known as “Spam”) whether originating from customers, from customers' customers, or from customers that provide services, which are used to support UBE/UCE.




Definition

boxVPS.com defines UBE/UCE as unsolicited broadcast or commercial email that is sent to addresses that do not affirmatively and verifiably request such material from that specific sender, including but not limited to advertising, surveys, information pieces, third party spamming, website addresses, sales, and auctions.



The Policy


Accessing data not intended for such User or logging into a server or account, which such user is not authorized to access;




boxVPS.com customers, and customers of boxVPS.com customers or any downstream customers, are prohibited from sending and shall not allow their connection to boxVPS.com to be used for sending UBE/UCE. Mail senders are required to maintain records that verify, on a case-by-case basis, that explicit affirmative permission was obtained from recipients before mailing. Lack of such records can be considered, at

boxVPS.com’s sole discretion, proof that permission was not obtained;




boxVPS.com customers are responsible for ensuring that they, their customers, and their respective agents and contractors abide by this policy. boxVPS.com customers will be held responsible for all traffic either sent via their connection to boxVPS.com or sent elsewhere using support services provided via their connection to boxVPS.com. "Support services" includes hosting websites, electronic mailboxes and other similar services.

Customers are also responsible for ensuring that they do not advertise or promote themselves through UBE/UCE;




boxVPS.com may charge customer and customer shall pay $2000.00 per valid UBE/UCE complaint of which boxVPS.com is notified;




If boxVPS.com receives a complaint, it will be forwarded to customer for a response and complete resolution. If within twenty-four (24) hours there is no response indicating complete resolution, boxVPS.com may block traffic to and from the IP address involved in the UBE/UCE complaint until boxVPS.com is convinced that the problem is resolved and preventative measures have been implemented to prevent the violation from recurring. If boxVPS.com receives repeat complaints indicating that a problem has not been resolved, boxVPS.com may block traffic to and from the IP address(s) or, in its sole discretion, to the customer involved in the UBE/UCE complaint until boxVPS.com is convinced that the problem is resolved. The customer is responsible for all UBE/UCE that passes through its connection to boxVPS.com;



boxVPS.com also reserves the right to block traffic to and from the IP address(s) involved in hacking, and/or port scanning;



Customers whose connection to boxVPS.com is used to provide services to support UBE/UCE are subject to suspension of services upon two (2) hours’ notification;



If you run a mail server, you must maintain a mailbox and read mail to postmaster@ (your domain);

In addition, from time to time, boxVPS.com blocks third party IP addresses that boxVPS.com believes are used for the distribution of UBE/UCE or are designated as open relays. Any blocking of such IP addresses shall prevent boxVPS.com customers from sending or receiving traffic to and from such IP addresses. boxVPS.com in addition requires that all mail servers be closed relays to help prevent spam.







What it Means


You must provide us with contact information for us to notify you regarding compliance with these provisions. E-mail and phones/cell phones are best, but we will attempt contact via pager as well;




You must educate your customers about UBE/UCE to ensure compliance with these provisions;




You must promptly investigate and satisfactorily deal with any UBE/UCE complaints forwarded to you;




When using a mailing list, you must confirm that the recipients on the mailing lists have requested or otherwise affirmatively accepted receipt of any materials to be sent by you;




If you host websites, we suggest that you use a minimum of one IP address per customer so that boxVPS.com has the ability to block only that customer which is distributing UBE/UCE.




Why this Policy


Unlike senders of traditional "junk mail" who are required to pay for envelopes, materials and postage, senders of UBE/UCE can, given the nature of the internet, impose enormous costs on the recipients of their messages at little or no cost to themselves. Costs imposed on UBE/UCE recipients include ISP bandwidth used to deliver UBE/UCE, additional IP infrastructure needed to handle UBE/UCE, and time and money wasted in filtering out and deleting UBE/UCE. boxVPS.com believes that users of the Internet should not be forced to incur such expenses without their consent. As a result, boxVPS.com believes that the elimination of UBE/UCE will result in a better and less expensive Internet experience for all Internet users and will allow boxVPS.com to provide better and more efficient service to its customers.




Violation of Spam Policy


Violation of boxVPS.com SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, boxVPS.com will initiate an immediate investigation (within 24 hours of notification). During the investigation, boxVPS.com may restrict customer access to the Network to prevent further violations. If a customer is found to be in violation of our SPAM policy, boxVPS.com may, at its sole discretion, restrict, suspend or terminate customer's account. Further, boxVPS.com reserves the right to pursue civil remedies for any costs associated with the investigation or damages of a substantiated policy violation. boxVPS.com will notify law enforcement officials if the violation is believed to be a criminal offense;




First violations for illegal activities will result in an immediate termination of your account. Local law enforcement will be contacted along with your current ISP. Any user of boxVPS.com found to be sending out (Spam) through our servers may be faced with administration fees up to $2000.00. A full investigation will be conducted and your site will be disabled until the investigation concludes. If you get our IP’s blacklisted your ISP will receive all information pertaining to the violation. Your domain registrar will also be contacted and sent all details about the offense. Your local law enforcement will be contacted as well. If you are signing up with full intent of sending out Spam we will prosecute you to the fullest extent of the law in your country.


Member Conduct

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not boxVPS.com, are entirely responsible for all Content that you upload, post or otherwise transmit to boxVPS.com services. boxVPS.com does not control the content posted to boxVPS.com services and, as such, does not guarantee the accuracy, integrity or quality of such content. You agree to not use boxVPS.com services to:




Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;




Harm minors in any way;




Impersonate any person or entity;




Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through boxVPS.com’s service or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);




Upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, copyrighted material, warez, proprietary and confidential information learned or disclosed as part of employment relationships or under non disclosure agreements);




Upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;




Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "Spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas of the Service that are designated for such purpose;

Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

Collect or store personal data about other users;

Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites;

Use your home page (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond boxVPS.com services;

Have multiple boxVPS.com “Free Hosting” accounts.

Running torrents of any kind is prohibited due to the nature of torrents.

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