Prohibited Uses: There are some things you must not do on our servers:
Misuse of System Resources: Misuse of system resources, including but not limited to employing programs that consume excessive CPU time, 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 email return address. Open E-mail relaying. Sending out unsolicited email from any other network that points to a CVH 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 viewed as Illegal or Harmful: Engaging in illegal activities or engaging in activities harmful to the operations of CVH or the customer.
Providing False Data on any Contract or Application: including fraudulent use of credit card numbers
In the event the customer engages in Prohibited Uses, CVH may restrict, suspend, or terminate the customer’s web-hosting account; impose fees; and/or pursue civil remedies without providing advance notice.
Disclaimer Of Liability: Services are provided on an as-is, as available basis. There is no warranty express or implied. CVH shall not be responsible for any damages arising from the customer’s use of CVH’s services or by the customer’s inability to use CVH services. CVH shall not be liable to the customer for any special, incidental or consequential damages, and whether or not CVH has been advised of the possibility of such damage.
Limitation Of Liability: In no event shall CVH cumulative liability exceed an amount greater than one month’s hosting fee.
Money Back Guarantee: Our VPS hosting plans include a 7-day money back guarantee for new customers. If our hosting service is not what it should be and we can’t put the problem right, you may cancel the service within 7 days of your account being activated. We will send you a refund of your web-hosting recurring fees (less any usage). Our refund policy does not apply to accounts that violate our Terms of Service. This guarantee does not apply to dedicated server services.
Uptime Guarantee: We guarantee that your server will be accessible from the Internet 99.9% of the time (that’s about 43 minutes of downtime a month). It is up to the customer to ensure that your applications are available (including HTTP, SSH and database services). The uptime levels exclude scheduled maintenance (which we try to minimize and keep to off peak hours).
Service Credits: In the event our uptime guarantee is breached, you may claim a service credit. The service credit must be claimed within 45 days of uptime breach. Service credits will be discounted from subsequent month hosting fees. Service credits will be the greater of 10% of your hosting bill, or the percentage of time the server was unavailable. CVH does not issue credits for outages resulting from a violation of this Agreement.
Backups: We don’t perform VPS backups. We strongly encourage customers to make their own offsite backups of any critical data.
Overdue Payments: CVH may suspend service if payment is overdue. And may charge a fee to reconnect suspended services. Eventually sites suspended due to overdue payment will be deleted.
Cancellations: Cancellations take affect from the start of the next billing period. e.g. if you cancel on 15 Jan we will stop your server on 31 Jan. VPS’ can be canceled at any point prior to the start of the month when we run our monthly billing to avoid a further transaction being charged.
Responsibility for Content: The customer is solely responsible for the content stored on and served by CVH servers.
Assignability: The customer shall not transfer or assign this Agreement.
Modifications and Changes: CVH reserves the right to modify these Terms at its sole discretion without notice.