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This document contains our Terms of Service. By using/signing up for the services of Virpus.com, you agree to the following in addition to our Acceptable Use Policy, found here:
This agreement (“Agreement”) between Virpus, LLC, (“Virpus.com”) and the Customer ("Customer") which this agreement governs the provision of Virpus.com and related services (the “Services”). This Agreement is effective the instant Customer (a) signs up for Services through any of Virpus.com’ websites or (b) establishes an account with Virpus.com or uses the Services or any part thereof (“Effective Date”). Virpus.com may revise this Agreement and will have an effective date of 30 (thirty) days after any new terms or revisions have been put in place before it applies to Customer. Virpus.com will in its best efforts attempt to notify the customer of any minor changes, and will notify customer with any major changes.
Virpus.com will provide Customer with what they signed up for within their order according to the fees indicated to the Customer before Virpus.com billed Customer. Customer also understands that unless Virpus.com is running a promotion, Virpus.com will not discount their price or provide anything more or less than what the customer signed up for without Customer upgrading their plan by a Virpus.com customer service representative.
The payment term the customer selects while ordering is the effective term of this agreement.
If Customer has not paid by the account due date, Virpus.com may suspend Customers account(s). If Customers account is not paid after 3 days of the due date payment has not been received, Virpus.com, at its desecration, will terminate the customers service(s), unless arrangements have been made by the customer with Virpus.com. After account has been suspended, a $5 administrative fee will be applied for re-connection.
Although a customer may cancel PayPal subscription, Virpus.com does not consider this a form of cancel. All payments prior to account closure are non-refundable unless otherwise guaranteed. This includes but not limited to setup fees, hosting fees and other services offered through Virpus.com.
Customer must put in their cancellation request 10 days in advance in order to be effective.
If you subscribed using PayPal, it is your responsibility to ensure that this subscription has been canceled.
Should customer open a PayPal dispute, Virpus.com has the right to suspend or terminate service at its discretion.
Customer needs to cancel their account via myvirpus.com and specify for immediate cancellation. After doing so, open a ticket with the billing department requesting a refund. Note that all control panel and licensing addons are non-refundable.
99.9% Service Uptime Guarantee: Virpus.com offers a 99.9% complete service
uptime guarantee to Virtual Private Server customers. This guarantee includes the availability of accessing the virtual private server and network availability. Virpus.com does not consider services within the VPS bound or eligible to this policy (such as mysql, apache, FTP, etc), but only the availability of the VPS.
99.9% Service Uptime Guarantee: Virpus.com offers a 99.9% Uptime guarantee to our general web hosting customers and partnerships customers. This guarantee includes the availability of all services, network and the access ability of the customers website(s).
Virpus.com provides up to 50% monthly recurring revenue credit to a customer if service is unavailable. For every hour of downtime, Virpus.com will grant a one day credit based off the monthly recurring cost, minus any control panel addons. Applies to the base service only.
The Virpus SLA is only valid for non-scheduled maintenance downtime. Please see "Maintenance, Security, & Service Interruption."
NOTE: Any service outage will need to be reported within 48 hours after restoration. After 48 hours, you will not be warranted a credit.
If any issue should come up with Customers service, the customer may not order a Management plan at the time of the incident. The hourly rate will apply, which after resolution, the customer may then opt to order a Management plan.
(b) Customer is responsible for maintaining security, for maintaining patches and
disaster recovery systems, and for maintaining backups. Virpus.com will not be
liable for loss of data or for breaches in system integrity, even if Customer’s Service includes firewall's, backups, denial of service protections, or other mechanisms to protect data and system integrity. In the event that Virpus.com suspects that security of any
of equipment has been breached, it may disable such equipment and the Service.
(c) In the event that Customer’s use of Service causes a denial of service or in any other way injures the functioning of services Virpus.com provides to other customers, Virpus.com may interrupt Service or permanently disable it, even if such denial of service or injury occurred through no fault of Customer’s.
(d) Virpus.com will not be liable for service interruptions, including without limitation interruptions executed in order to investigate suspected AUP violations, whether or not such violations occurred.
(b) Virpus.com will have no liability whatsoever for any claims, losses, actions, damages, suits, or proceedings resulting from: (i) other Virpus.com customers or third parties accessing customer’s data or assigned computers; (ii) security breaches;
(iii) eavesdropping; (iv) denial of service attacks; (v) interception of traffic sent or received using the equipment or Service; (vi) customer’s reliance on or use of the equipment or Service; (vii) mistakes, omissions, interruptions, deletions of files, errors, defects, delays in operation, or other failures of performance of the equipment or Service; (viii) the accuracy, completeness, and usefulness of the Service; (ix) loss of data or loss of access to data; or (x) loss of equipment or injury to equipment.
(c) Virpus.com shall not insure or be responsible for any loss or damage to property of any kind owned or leased by Customer except to the extent such liability results from Virpus.com gross negligence or willful misconduct. Any policy of insurance covering the property owned or leased by Customer against loss by physical damage shall provide that the underwriters have given their permission to waive their rights of subrogation against Virpus.com, its affiliates and their directors, officers, partners, and employees, as well as their subsidiaries, and their respective directors, officers, partners, and employees.
(d) Virpus.com’ limitations and exclusions of liability set forth in this section 7 and in this agreement apply equally to Virpus.com’ officers, employees, agents, contractors, representatives, suppliers, subsidiaries, parents, and affiliated companies.
(b) Upon Virpus.com’ request, Customer will immediately notify any third party that Virpus.com is not responsible for (i) any content or materials posted on any Customer website or otherwise disseminated through Customer’s use of the Service or (ii) any use or abuse of the Service whatsoever by Customer or any third party.