Terms Of Services

Terms Of Services

CAREFULLY READ the terms of this agreement which governs your use of the Deluxservers Service and Software. Deluxservers may modify this agreement at any time and in any manner. Any modification is effective immediately upon either a facsimile, electronic mail, or conventional mail notification. Your continued use of the Deluxservers Service following notice of any modification to this agreement shall be conclusively deemed as acceptance of all such modification(s).

Deluxservers grants to you a non-exclusive, non-transferable license to use and display the Deluxservers Service and Software on the servers and equipment with which you utilize the Deluxservers service. The Deluxservers Service and software are owned by Deluxservers and their structure and organization constitute valuable trade secrets of Deluxservers.

Advertising, Solicitation and Name Harvesting. You may not use the Deluxservers Service to send unsolicited advertising, promotional material, or other forms of solicitation to other Clients unless you receive the expressed written permission of the Client. You may not use the Deluxservers Service to collect or "harvest" screen names of other Clients without the expressed prior permission of the Client. Deluxservers reserves the right to block or filter mass email solicitations on or through the Deluxservers Service.

Fees:

You agree to pay for the services you sign up with Deluxservers. You agree to pay Deluxservers well in advance for your services at least before 3 days before your service due date. Failure in making payment would result in the suspension of your account/service once expired. If your services are not renewed 48 hours after due date, these will be terminated automatically and all data will be removed. If a dispute is initiated from payment processor's side, the service would be suspended and a fine of $25.00 would be levied.

Late Payment: Deluxservers reserves the right to charge a late fee of 15% per invoice per month on late payments. Invoices will be automatically considered late once the invoice due date has passed.

Non-payment Termination: In the event you fail to pay your invoice within 1 days of the due date, we reserve the right to suspend your service.

If you are still past due on the 2nd day from the due date on the invoice, we reserve the right to terminate your service entirely and reformat your server.

If you are terminated for non-payment, we also reserve the right to refer your account to a third party collection agency and you agree to pay any collection fees or legal fees we may be charged to collect on your debt.

Contract:

You agree to a month to month term for the Services unless otherwise agreed to in writing. The month to month term for services is automatically renewed each month unless either party notifies the other in writing of its desire that the Agreement not be renewed, no later than one (1) days before the next upcoming anniversary date for billing. You may cancel Your account by terminating this Agreement in this manner by contacting the Deluxservers billing department.

Contact:

All the services provided by Deluxservers will be only used for legal puropses. The customer agrees not to run the content listed below:

  • IRC Bots
  • Spam Sites
  • Scam Sites
  • Pirated Softwares
  • Phishing
  • Port Scanning
  • Clild Porn

If we receive any DMCA notice, we will forward it to you and allow you 24 hours to remove the file(s). Failure in removing the offensive content or responding within 24 hours would result in the suspension of your service and a fee of $50 USD will be assessed. If any of the restricted activity is conducted on our servers, the service would be suspended immediately and an email would be despatched with all the details.

Zero Tolerance Spam Policy:

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists", purchased lists, and selling of lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. We also reserve the right to charge clients dedicated to spam mailing a fee of up to $250 per hour in consulting fees for any remedial actions that DeluxServers elects to take in the event that, as a result of a client's activities, DeluxServers servers or IP space are placed in any third-party mail filtering software or black hole lists.

Cancellation: If you wish to cancel your services that you hold with Deluxservers, you must submit a cancellation request of your VPS/Dedicated Server through our clientarea at http://secure.Deluxservers.com/clientarea.php. Please be noted that you will not get any refunds if service is canceled by you, please refer to our refund policy for more information. To submit a cancellation request, please visit http://www.deluxservers.com/clients/clientarea.php , click on my services tab view your service and find cancellation button at the end of the service viewing/details page and follow the on-screen instructions. When you request cancellation, we will follow this process: We may contact you to confirm the cancellation and verify that you are authorized under your account to cancel it. Then, we will immediately suspend billing and cancel the server. We are not able to provide scheduled cancellations and all cancellations are effective immediately. Regarding mid-month or mid-period cancellations, Delux servers will not issue pro-rated refunds for cancellations received in the middle of a payment cycle.

Backup of your data: Deluxservers does not offer backup services with any VPS/Dedicated Server plan. It is the responsibility of the client to take frequent backups of their data. If there any data loss due to any reason, Deluxservers will not be responsibile for the same. Backup will not be provided to suspended or terminated account holders unless you raise a support ticket regarding the same.

Responsibility Of Content: Clients using Deluxservers services take the full responsibility of the content they host on our servers. They hold the full responsibility of any illegal content(if any) they host with us. If they host any of the restricted content which is listed above, their VPS would be suspended and no refund would be offered.

Change Of TOS: Deluxservers reserves the right to change their Terms of Service anytime without prior notice

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