Terms of Service
The following terms and conditions govern all use of our services.
1. Use of Services
You may use any of our services, provided that you are of legal age to form a binding contract and are not barred from receiving such services under Norwegian laws or other jurisdictions.
In order to access certain services, you are required to provide current and accurate identification, contract, and other information as part of the registration process. You are responsible for the confidentiality of your account information and for all activities that occur under you account.
You are solely responsible for all content on your account.
You agree to immediately notify BetterVPS.net of any unauthorized use of your account or any other breach of security. BetterVPS.net will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your account secure.
2. Acceptable Conduct
You agree that you are responsible for maintaining your own account.
You agree that you are responsible for the actions of all users of your account.
You agree that you are responsible for the conduct of all users of your account and any data that is created, transmitted, stored, or displayed by, from, or within your account while using BetterVPS.net services and for any consequences thereof.
You agree that you will not engage in any activity that interferes with or disrupts BetterVPS.net services or servers or networks connected to BetterVPS.net services.
You agree to use BetterVPS.net services only for purposes that are legal, proper and in accordance with the Terms of Service and any applicable policies or guidelines.
BetterVPS.net reserves the right, but does not assume the responsibility, to monitor or review data on BetterVPS.net services. We do not routinely monitor the network communications of customers as a normal business practice. Customers are responsible for the contents of network traffic exiting their VPS.
3. Prohibited Usage
You agree that any of the below activities are considered prohibited usage and will result in immediate account suspension or cancellation without a refund and the possibility that BetterVPS.net will impose fees; and/or pursue civil remedies without providing advance notice.
Misuse of System Resources: Misuse of system resources, including but not limited to employing programs that consume excessive CPU cycles, network capacity, disk IO or storage space.
Unsolicited Communications: Sending unsolicited bulk messages utilizing our network. Generating a significantly higher volume of outgoing e-mail than a normal user. Using a non-existent e-mail return address. Open e-mail relaying. Sending out unsolicited e-mail from any other network that point to a BetterVPS.net server.
Access to Other Computers or Networks without Authorization: Attempting unauthorized and/or illegal access of computers, networks and/or accounts not belonging to party seeking access. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures.
Other Activities views as Illegal or Harmful: Engaging in illegal activities or engaging in activities harmful to the operations of BetterVPS.net or BetterVPS.net's customers.
Providing False Data on any Contract or Application: including fraudulent use of credit card numbers.
4. Account Cancellation or Suspension
BetterVPS.net may cancel or suspend your access to our services at any time and for any reason without notice. Upon cancellation or suspension, your right to use the service will stop immediately.
You may not have access to data that you stored on the service after we suspend or terminate the service. You are responsible for backing up your data that you use with the service.
You may cancel the service at any time. Accounts are canceled immediately after confirmation, as is your right to use it. After you terminate the service, you may not have access to data that you stored on the service. You are responsible for backing up your data that you use with the service.
Cancellation of service by you will not alter your obligations to pay all charges due to BetterVPS.net at the time of cancellation.
5. Invoicing and Payment
You agree that BetterVPS.net shall be permitted to charge your credit card on a monthly basis in advance of providing its services or as needed for prepayments, for your subscription, and any other charges you may incur in connection with your use of our services.
The monthly subscription fee is billed in full on the first day of your paid subscription and monthly thereafter, unless and until you cancel your subscription. If your billing date lands on a day not contained in a given month, you will be billed on the last day of that month.
Other charges will be invoiced and is due upon invoicing.
BetterVPS.net is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by BetterVPS.net.
We reserve the right to change our rates and charges from time to time, but we will notify you.
Currency exchange settlements will be based on agreements between you and the provider of your credit card.
All charges are non-refundable unless expressly stated otherwise, or otherwise provided by applicable law. The costs of any returns if permitted will be at your expense, unless otherwise provided by applicable law.
Service may be interrupted on accounts that reach 10 days past due.
6. Support Boundaries
BetterVPS.net provides support related to your Virtual Private Server physically functioning. We do not offer technical support for application specific issues such as application configuration, server configuration, or any other such issue. Neither do we provide technical support to your customers.
7. Warranty Disclaimer
You agree that your use of BetterVPS.net shall be at your sole risk. All services provided by BetterVPS.net are available as is without warranties or guarantees applied.
8. Limitation of Liability
You expressly understand and agree that BetterVPS.net shall not be liable to you for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from:
- the use or the inability to use BetterVPS.net services;
- unauthorized access to or alteration of your transmissions or data; or
- any other matter relating to BetterVPS.net services.
You expressly understand and agree that notwithstanding anything in the agreement to the contrary, the maximum aggregate monetary liability of BetterVPS.net and any of its agents, suppliers, employees, or affiliates in connection with BetterVPS.net services, under any theory of law (including breach of contract, tort, strict liability, and infringement) shall not exceed three times one months recurring fee for the services that are subject of the claim as of the time of the occurrence of the events giving rise to the claim.
9. Indemnity
You agree to defend, indemnify and hold harmless BetterVPS.net, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
- your use of and access to BetterVPS.net services;
- your violation of any term of this agreement;
- your violation of any third party right, including without limitation any copyright, property, or privacy right; or
- any claim that use of our services caused damage to a third party.
This defense and indemnification of obligation will survive this agreement and your use of BetterVPS.net services.
10. Disclosure to Law Enforcement
The Terms of Service specifically prohibits the use of our service for illegal activities. You therefore agree that we may disclose any and all information including assigned IP addresses, account history, account use and so forth to any court who send us a valid Court Order, without further consent or notification to you.
11. Notice
You agree that BetterVPS.net may provide you with notices, including those regarding changes to the Terms of Service, by e-mail, or postings on BetterVPS.net services.
12. Entire Agreement
The Terms of Service (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and BetterVPS.net and govern your use of BetterVPS.net services, superseding any prior agreements between you and BetterVPS.net for the use of BetterVPS.net services.
