General - Scope
The following terms and conditions apply to all business relationships between the customer, following named also as "you" or "users", and nodevps, following named as “us” or "nodevps". The governing law is that which was valid when the contract was put into effect.
Dissenting, conflicting or additional customer terms and conditions, even if acknowledged, are not part of the contract unless their validity is expressly agreed upon.
Conclusion of the contract
Our offers are subject to change. We reserve the right to make technical and other changes within reason.
Upon ordering, the customer is bound to the tentative offer. We will confirm the receipt of the customer's order immediately. The confirmation is not contractually binding. The confirmation and acceptance of the contract may be incorporated together.
We are entitled to accept the offer of a contract (the order) within a period of 2 working days after receipt. We are also entitled to reject the order after examining the reliability of the customer.
Based on additional IP orders we are entitled to re-configure the server with the new IP resulting in VPS reboot. Any IP orders are made only via ticket system. If the client wants to manually add the IP, the ticket should have a clear note "I will manually configure the IP".
Scope of services
- We guarantee an annual average of 99% network availability for the infrastructure of our computer center. If the security of the power supply network or the maintenance of network integrity is in jeopardy, we can temporarily restrict access to the service as required.
- The services offered are those valid at the time of the order based on the offer.netrmation, the order form and the applicable monthly special offers.
- If the customer wishes to be registered with search engines (online search engines of Internet content), we are only responsible for mediation. The operators of the search engines are solely responsible for the date and time of the admission to the search engine.
- Technical limitations are regulated by the following Acceptable Use of Service:
- Users may not utilize the Services to subvert, or assist others in subverting, the security or integrity of any nodevps systems, facilities or equipment; or to gain unauthorized access to the computer networks of nodevps or any other person.
- Users may not utilize the Services to provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code.
- Users may not utilize the Services to forge the signature or other identifying mark or code of any other person, impersonate or assume the identity or any other person, or engage in any other activity (including "spoofing") to attempt to deceive or mislead other persons regarding the true identity of the User (excluding the use of anonymous re-mailers or Internet nicknames).
- Users may not utilize the Services to distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Services.
- Users may not utilize the Services to conduct port scans or other invasive procedures against any server (except any server for which the User is an authorized system administrator).
- Users may not utilize the Services to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or Spam or to solicit or collect, or distribute, advertise or promote, e-mail address lists for the purpose of encouraging or facilitating unsolicited commercial e-mail or Spam.
- Users may not utilize the Services in any manner that might subject nodevps to unfavorable regulatory, law enforcement or other legal action, subject nodevps to any liability for any reason, or adversely affect nodevps's public image, reputation or goodwill, including, without limitation, sending or distributing sexually explicit, hateful, vulgar, racially, ethnically or otherwise objectionable materials as determined by nodevps in its sole discretion.
- Users may not utilize the Services in any other manner to interrupt or interfere with the Internet usage of other persons.
- Users may not utilize the Services to offer open proxy or public vpn.
- Users cannot run the following software:
nodevps in its sole discretion may discontinue service without any notice that
− TOR, etc.
− Peer to peer software
− Video encoding, video chat (like, but not limited to, camfrogserver)
- exceed a 15 minute load average greater than 70% load of the amount of CPU cores given.
- exceed a 15 minute load average greater than two (2) times of 10% of node I/O load.
− The scanning of foreign networks or foreign IP addresses.
− Manually changing the hardware address (MAC).
− The use of fake source IPs.
− Run software that can lead to network abuse.
− Don't provide proof of ID when order more than 1 IP.
− Provided IP/IPs get listed under SPAM report websites.
− Order placed behind proxies, order country missmatch with user profile details,etc.
− Repeated disrespectful attitude to any of our departments stuff.
* All this terms are in agreement with PayPal policy.
- nodevps will provide technical support to you twenty-four (24) hours a day, three-hundred-sixty-five (365) days a year. The only official method for sales/technical support is via nodevps's tickets system at https://www.nodevps.net/submitticket.php. Depending on ticket system requests chat support its also available. For urgent techical inquires you can contact us by phone between 9-18 (GMT+2).
- In order to avoid spammers in the first month SMTP ports are blocked. Express request will enable us to unblock SMTP ports but with limited to 100 emails/ hour in the first month. Well known spammers ( found on important spammers database ) will have SMTP ports permanently blocked.
Where data is transmitted to us, the customer is to back up their data regularly.
The customer is obliged to carry out regularly a complete data backup. We are not responsible for any damage direct or indirect caused by a data loss.
The customer will receive an user ID and password for security purposes. This must be kept confidential. The client will be held liable for any malpractice resulting from the unauthorized use of the password. If the customer becomes aware that unauthorized third parties know the password, they have to.netrm us without delay. If the customer is at fault for third-party password abuse, the customer will be liable for all user fees and damages. In suspicious cases the client is able to request a new password, which we then send on to the clients.
All clients are provided with clean Windows OS/Linux, further security concerns (i.e. antivirus, antimalware, firewall, etc) are fully client responsability.
The sending of spam mail is forbidden. This includes in particular the sending of illegal, unsolicited advertising to third parties. With regards to the sending of Emails, it is forbidden to provide false sender.netrmation or to conceal the identity of the sender by other means. We are entitled to block the access if it is not respected.
- PLEASE NOTE THE FOLLOWING SITES ARE STRICTLY PROHIBITED. Sites which contain copyrighted material; porn sites; warez, hacker, pirated, torrent or leech sites; sites which promote bulk email software or spamming; sites that promote illegal activity; sites with content that may be damaging to the servers; spamming is STRICTLY PROHIBITED. Any sites that are brought to our attention because they are spamming will be immediately deleted from the root directory without advanced notice and your money will not be refunded. We reserve the right to remove any account without advanced notice for any reason we sees fit.
For direct damages, secondary damages or lost profits due to technical problems and disturbances within the Internet that are not in our sphere of influence, we assume no liability.
With regards to contractors, we are not liable for minor negligence of contractual obligations. This does not apply to all cases of personal injury and is in accordance with the product liability law.
For indirect damages and loss of profits, we are liable only in cases of intentional or gross negligence. In this case we are liable only for the contract-typical predictable damage, a maximum of 100% of the annually fee.
If the customer’s web content is in violation of paragraph 6 of obligations, particularly in violation of legal prohibitions or morality, they shall be liable to us for all of the resulting direct and indirect damages, including property damage.
In addition, the customer agrees to free us from all claims by third parties – no matter which kind – that may result from illegal internet content. The exemption obligation includes liability for all legal defence costs (e.g. court and attorneys' fees).
Terms of payment
- The current valid prices are accessible at any time at http://www.nodevps.net.
- Depending on the contractual agreement, a monthly, semi-annual or annual account will be issued. All payments are carried out through issuing an invoice. Payment is due immediately upon receiving the notice of payment.
- We are entitled without warning to deduct default interest on all overdue payments as indicated on the invoices.
If the client is a consumer/end-user, the amount of interest charged will be $10 USD or 7,5 €. If the client is a contractor/business, the interest charged will be $20 USD or 15 €.
- We are also entitled, in case of default payments, to block the internet presence of the customer and to block all other functions.
- All payments aren't refundable.
- You should respect due date. Due date can be up to 3 days earlier for clients with many active servers.
- Invoice notification is sent by Email.
- One day after due date server is suspended, second day server is terminated.
Affiliate Program is currently closed.
Previous registered clients rules are simple: First you must request for activation and wait for support staff to confirm you are elgibile. Affiliate program is available only for 6 months active service clients. They don't work for the same client but only on first order. We track all register/login/ticket IPs. Trying to trick us will fail resulting in permanent ban. All proxy referral are canceled, also one referral per client.
Contract duration/cancellation/place of execution
- Where not otherwise contractually agreed, the contracts are in place for an indefinite period of time.
- The contract is cancellable without giving reasons by both parties at any time during a period of 30 days to the end of the month*, but at the earliest on expiry of the minimum contract period stipulated in the contract. A cancellation can only be done in writing by letter, fax or via the secure online administrations area, provided this option is available.
- When cancellation request is received from a client, the server will be disabled 2 days before the due date.
- We are also entitled to terminate the contractual relationship for good cause without notice. One important reason for termination would be in the case of two consecutive months that the customer did not pay a substantial part of the compensation owed. Another important reason, among others, can also be that the customer contravenes or ignores warnings about infringement of the requirements of section 6.
Another important reason, that can result in block or determination without notice, may be that the customer uses content, which affects the performance or the safety of the server.
- The place of business for all services under this contract is Falkenstein, Germany. Jurisdiction for all disputes arising from this contract is for the relevant local Falkenstein court if the customer is a contractor, a legal entity of public law, or public legal special fund.
The same applies if the customer does not have general jurisdiction in Germany or when the domicile or habitual residence at the time of the action is not known. We are also entitled to take legal action in the country of residence of the customer.
- If the client intends to devolve his contractual rights to another person, he requires our consent. Devolution of contractual rights can only be done in writing by letter, fax or via the secure online administrations area, provided this option is available. When devolution is carried out by letter or fax, the previous and the new contract partners must both provide a signature.
* any traffic present on server will result in no refund.
Queries and complaints
- Queries and complaints should be addressed to nodevps via support