EVO - Private Servers, Shared Hosting, VPS, Dedicated Servers, Game Servers

Terms of Service

1) Account Setup

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud.It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under.If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

2) Content

All services provided by EvoVPS only be used for lawful purposes. The laws of The Germany apply.

The customer agrees to indemnify and hold harmless EvoVPS from any claims resulting from the use of our services. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email [email protected]. This e-mail address is being protected from spam bots, you need JavaScript enabled to view it with the information required. If the request is of a licensing issue, we may require further documentation.

Examples of unacceptable material on all Shared, Reseller and Dedicated/VPS Servers include: IRC Bots, Pirated Software / Warez hosting, image, filedump, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs(HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds/rpgs, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice. Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours. If in doubt regarding the acceptability of your site or service, please contact us at [email protected].This e-mail address is being protected from spam bots, you need JavaScript enabled to view it and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita). Any site found to host child pornography or linking to child pornography will be suspended immediately without notice. Resellers, we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account. Direct customers, Your services will be terminated with or without notice.

Violations will be reported to the appropriate law enforcement agency. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

3) Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. Safe lists and double
opt-in will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sies advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. EvoVPS reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

EvoVPS reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of EvoVPS.

4) Payment Information

You agree to supply appropriate payment for the services received from EvoVPS, in advance of the time period during which such services are provided. You agree that until and unless you notify EvoVPS of your desire to cancel any or all services received, those services will be billed on a recurring basis.

As a client of EvoVPS, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. EvoVPS provides a 10 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full.

Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact [email protected]. This e-mail address is being protected from spam bots, you need JavaScript enabled to view it.

EvoVPS reserves the right to change the monthly payment amount and any other charges at anytime.

5) Backups and Data Loss

Your use of the service is at your sole risk. EvoVPS is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on EvoVPS servers.

6) Cancellations and Refunds

EvoVPS reserves the right to cancel the account at any time with or without notice.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

Customers may cancel at any time by sending a cancellation request via the client control panel at least 7 days before the renewal date. Cancellations will not be accepted via support ticket or email. EvoVPS gives you a 7 day money back guarantee on VPS hosting. There are no refunds on dedicated servers, administrative fees, install fees for custom software or any non-refundable licensing fees (e.g. cPanel, DirectAdmin etc). EvoVPS have the right to refuse any refunds. Refunds will only be processed if there is any problem caused or the fault of EvoVPS Solutions. Any refunds requested by a client who's product/service is working perfectly, or is not working correctly due to the fault of the client, will not be accepted.

Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

Violations of the Terms of Service will waive the refund policy.

7a) Resource Usage

User may not:

a) Use 75% or more of system resources for longer then 300 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.

b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.

c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.

d) Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.

e) Participate in any file-sharing/peer-to-peer activities

f) Run gaming servers such as minecraft or any other CPU sensitivity game , on a server not sold for that specific service.

g) Run cron entries with intervals of less than 15 minutes. When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(http://yourdomain.com/include.php) use include(include.php)

7b) INODES

The use of more than 50,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid overusage. Every file on your account uses up 1 inode.

Simply exceeding the limit does not constitute grounds for suspension however accounts that constantly create and delete large numbers of files on a regular basis or causing file system damage may cause your account to be flagged for review.

8) Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

9) Uptime Guarantee

If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of EvoVPS dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system of the server which may differ from the uptime reported by individual services. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.

10) Reseller: Client Responsibility

Resellers are responsible for supporting their clients. EvoVPS does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients. EvoVPS will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.

11) Price Change

The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on EvoVPS, and the right to increase the amount of resources given to plans at any time.

12) Indemnification

Customer agrees that it shall defend, indemnify, save and hold EvoVPS harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against EvoVPS, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless EvoVPS against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with EvoVPS; (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 customers from EvoVPS's server.

13) Arbitration

By using any EvoVPS services, you agree to binding arbitration. If any disputes or claims arise against EvoVPS or its subsidiaries, such disputes will be handled by an arbitrator of EvoVPS's choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.

14) Disclaimer

EvoVPS shall not be responsible for any damages your business may suffer. EvoVPS makes no warranties of any kind, expressed or implied for services we provide. EvoVPS disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by EvoVPS and its employees.

15) Disclosure to Law Enforcement

EvoVPS may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

16) Changes to the TOS

EvoVPS reserves the right to revise its policies at any time without notice.