Terms of Service (Update 01/20/2015)

SuperfastVPS (“The Company”) agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of SuperfastVPS Service constitutes acceptance and agreement to SuperfastVPS’s TOS (Terms of Service) and AUP(Acceptable Use Policy).If for any reason Subscriber does not agree to SuperfastVPS TOS and AUP, should notify SuperfastVPS for an immediate account closure. 

This Agreement is between you, your organization (if you are entering into this Agreement on behalf of an organization), collectively referred to herein as “you” or “your” (and appropriate formatives), the website hosting service provider offering these services to you, if any, (the “Primary Service Provider”) and the backend service provider Insiders Group, Inc. (the “Backend Service Provider”).

All provisions of this contract are subject to the TOS (Terms of Service) of SuperfastVPS. The TOS may be changed from time to time at the discretion of the Company. Subscriber understands that change to the TOS by the Company shall not be grounds for early contract termination or nonpayment.

This Agreement shall be construed in all respects in accordance with the United States law.

1. Disclosure to Law Enforcement: The TOS specifically prohibits the use of our service for any Illegal Activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition SuperfastVPS shall have the right to terminate all service set forth in this Agreement.

2. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the company may prospectively change the specified rates and charges from time to time. The promotional offers is contingent upon Company achieving and maintaining its cost of service goal including but not limited to rates charged to company by its suppliers. SuperfastVPS cannot be responsible for pricing or other errors, omissions, or consequences of misuse of site and its functions and reserves the right to cancel orders arising from such errors. Offers not necessarily combinable. Discounts cannot be retroactively applied. Orders subject to cancellation by SuperfastVPS at any time.

3. Payment: Establishment of this service is dependent upon receipt by the company of payment of stated charges. Subsequent payments are due every 1st day of the month for that month’s or year’s service. Payments for partial days or months will be pro rated. All accounts and services provided by SuperfastVPS the monthly or yearly service includes tax rate, the setup fee if applied. The above applies to all accounts and services provided by SuperfastVPS an Insiders Group, Inc. company.

4. Payments and Fees: Checks returned for any reason are subject to a $40.00 returned item charge. Credit cards that are declined for any reason are subject to a $1 declination fee. Service will be interrupted on accounts that reach 0 days past due. Service interrupted for nonpayment is subject to a reconnect charge. Accounts not paid by due date are subject to account and/or hosting services suspension. Accounts that are not collect-able by SuperfastVPS will be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee of not less than $100 nor more than $300.Wire transfers only available to US  and EU Customers. Echeck is available over PayPal wordwide. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
5. Refund and Disputes: All payments to SuperfastVPS are non refundable. This includes the one time setup fee if applied and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within (7) days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in SuperfastVPS sole discretion is a valid charge under the provisions of the TOS , you agree to pay SuperfastVPS an “Administrative Fee” of not less than $50 and not more than $200. Customer will only have the right to receive a credit if SuperfastVPS is not able to offer to the customer the services which the client has purchase according to the TOS and/or our SLA, the amount will not be more than the amount that is left to your account. In case that an account does Violation of SuperfastVPS’s SPAM policy and/or is a terminated customer’s WILL NOT GET ANY REFUND.

6. Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

7. Account Cancellation: All requests for canceling accounts must be made in writing via the cancellation form at my.superfastVPS.com with at least 30 days advance notice but not more than 60 days prior written notice and sent to SuperfastVPS Attn: Cancellations, by Trouble Ticket at SuperfastVPS.com, You must have all account information to cancel, You will then get a reply with a cancellation form you need to sign and fax to us. If Customer cancels more than (60) days into a payment period, all unused fees may be returned to the subscriber on a pro-rata basis.In the event of cancellation, customer will automatically be billed for any excess usage during the then-current calendar month.

7.1. Cancellation charge: Where a Minimum Commitment Period is specified in an Order Form or Specific Terms and the Customer terminates one or more of the Services in accordance with this TOS before the expiry of the Minimum Commitment Period, the Customer shall pay a Cancellation Charge to SuperfastVPS calculated on the basis of: (i) 100% of the Charges that would have been payable by the Customer if the Customer had continued to receive the Service from the date of termination until the expiry of the Minimum Commitment Period and (ii) payment of any and all discounts, credits, or charges waived by SuperfastVPS at the time of acceptance of the Order Form.

8. Limitation of Liability: SUPERFASTVPS DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT OR SERVICE NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SUPERFASTVPS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT OR SERVICE, SUPERFASTVPS IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT OR SERVICE. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company and the data center’s. Subscriber further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages,loss or injury.

9. Warranty Disclaimer: SUPERFASTVPS  DOES NOT WARRANT THAT THE SERVICES PROVIDED HEREUNDER WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. SUPERFASTVPS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  SUPERFASTVPS MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.ALL SERVICES PROVIDED PURSUANT TO THIS AGREMENT ARE PROVIDED OR PERFORMED ON AN ” AS IS”, “AS AVAILABLE” BASIS, AND CUSTOMER’S USE OF THE SERVICES IS SOLELY AT ITS OWN RISK.

10. New Domain Accounts: All new web hosting accounts involving new domains will be Set-up and entered into our DNS server instantly but it may take  up to 2 business days to be live online. Due to unforeseen complications, however, this process may sometimes require up to 5 business days. If the new domain is registered by the account holder, there will be no handling fee.

11. Transfer of Domains: New web hosting accounts which involve the transfer of a domain from another provider to SuperfastVPS will require a minimum of two (2) days to be Set-up and entered into our DNS servers. In some cases, such transfers may take up to sixty (30) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by SuperfastVPS. If the customer cancels service during the transfer period for any reason, all charges are considered earned.

Domain Dispute Links:

ICANN Uniform Domain-Name

Domain Registration Agreement
Dispute-Resolution Policy
This covers .com .net and .org domain names

All registrars in the .com, .net, and .org top-level domains follow the Uniform Domain-Name Dispute-Resolution Policy (often referred to as the “UDRP”). Under the policy, most types of trademark-based domain-name disputes must be resolved by agreement, court action, or arbitration before a registrar will cancel, suspend, or transfer a domain name. Disputes alleged to arise from abusive registrations of domain names (for example, cyber squatting) may be addressed by expedited administrative proceedings that the holder of trademark rights initiates by filing a complaint with an approved dispute-resolution service provider.

12. Support Issues: SuperfastVPS , provides 24/7 days technical support to our subscribers from both SuperfastVPS helpdesk and Live Support Chat. We limit our technical support to our area of expertise. The following is our guidelines when providing support:SuperfastVPS provides support related to your virtual site or Vserver physical functioning. SuperfastVPS does not offer tech support for application specific issues such as cgi programming, html or any other such issue. SuperfastVPS does not provide technical support for YOUR customers as reseller in SuperfastVPS Reseller Account or in our Managed dedicated servers. If you are able to get online and have other questions, the answers may be on SuperfastVPS.com  knowledgebase  pages, we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before sending a ticket for support.
13. SPAM and Unsolicited Commercial Email (UCE): SuperfastVPS takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers may not use or permit others to use our network to transact in UCE. Customers of SuperfastVPS may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Violation of SuperfastVPS ‘s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, SuperfastVPS will immediate restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, SuperfastVPS may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, SuperfastVPS reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. SuperfastVPS will notify law enforcement officials if the violation is believed to be a criminal offense.

Users who violate this policy agree that SuperfastVPS will not investigate the matter. DO NOT SPAM from your account there are other ways more effective to advertise your web site!
As our Customers to our resellers are ultimately responsible for the actions of their clients over our network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

IMPORTANT NOTICE:Resellers who host websites or services on their hosting accounts that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. Any account guilty of violation WILL be immediately and permanently removed from our network without notice.

14. NetworkIP Address Ownership: If SuperfastVPS assigns Customer an Internet Protocol address for Customer’s use, the right to use that Internet Protocol address shall belong only to SuperfastVPS, and Customer shall have no right to use that Internet Protocol address except as permitted by SuperfastVPS in its sole discretion in connection with the Services, during the term of this Agreement. SuperfastVPS shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by SuperfastVPS, SuperfastVPS reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN’s new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible.
15. Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the “Agreed Usage”). SuperfastVPS will monitor Customer’s bandwidth and disk usage. SuperfastVPS shall have the right to take corrective action if Customer’s bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in SuperfastVPS ‘s sole and absolute discretion. If SuperfastVPS takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, SuperfastVPS may, at its sole discretion, collect a deposit, in an amount determined by SuperfastVPS , against customer’s credit card on file with SuperfastVPS.
16. System and Network Security: Users are prohibited from violating or attempting to violate the security of our Servers. Violations of system or network security may result in civil or criminal liability. SuperfastVPS will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

Attempting to interfere with service to any user, host, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”.

Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroups posting.

Taking any action in order to obtain services to which such User is not entitled.

17. Notification of Violation: SuperfastVPS is under no duty to look at each customer’s or user’s activities to determine if a violation of the TOS has occurred, nor do we assume any responsibility through our TOS to monitor or police Internet-related activities.

Any User, which SuperfastVPS determines to have violated any element of this TOS , the service may be subject at SuperfastVPS’s discretion to a temporary suspension pending a User’s agreement in writing, to refrain from any further violations.
We reserve the right, to drop the section of IP or share hosting space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer’s network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

18. Suspension of Service: (a) SuperfastVPS reserves the right to suspend access to any customer if in the judgment of the SuperfastVPS network administrators the customer’s server is the source or target of the violation of any of the other terms of the TOS or for any other reason which SuperfastVPS chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated immediately. Prior notification to the Customer is assured. In extreme cases, law enforcement will be contacted regarding the activity.

(b) SuperfastVPS reserves the right to amend its policies at any time. All SuperfastVPS customers, Web Hosting, VPS servers, must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

19. Termination: (a)This Agreement will commence on the Order Effective Date. Unless earlier termination in accordance with its terms this Agreement will terminate on the date the last Order then in effect expires or is terminated pursuant to the terms and condition set forth in this Agreement ( witch will be the date on witch the last Service Term of such last Order expires or is terminated pursuant to the terms and conditions of this Agreement).Unless otherwise agreed to by the parties in writing, for each Service ordered on a Online Sale Order, the initial Service Term for such service will commence on the date referred to as the “Sales Order Effective Date” and end (2) years after the billing Commencement Date. Unless otherwise agreed to by parties in writing, for each Service, upon expiration of the initial Service Term and each renewal, the Service term for such Service will renew automatically for additional terms of then-current Service term or 1 year each unless either party notifies the other party at least 30 days prior to the end of the then-current Service Term for such Service that it has elected to terminate the Service Term for such a Service, in which event the Service Term for such Service will terminate at the end of Such then-current Service Term.

(b) Either party may terminate this Agreement as a whole at any time with immediate effect on the giving of notice to the other party if the other party is a legal entity (including a partnership), and it becomes or appears likely to become insolvent or bankrupt, subject to a winding up proceeding, has a receiver appointed, is dissolved or in the process of dissolution, makes any arrangement for the benefit of creditors, or initiates or becomes or appears likely to become subject to any other form of an insolvency proceeding.

19.1. Termination by the Customer: The Customer may terminate one or more Services or this Agreement as a whole:subject to clause 7.1 , by giving SuperfastVPS not less than 30 days prior written notice;

19.2. Termination by SuperfastVPS: (a) SuperfastVPS may terminate this agreement on a 30 days written notice if the customer commits a material default and fails to rectify such default within 7 days after being given notice by SuperfastVPS. If customer is in Default of any of its obligations under this Agreement, may in its sole discretion do any of all of the following: (i) without notice suspend access to customer space and/or customer servers(ii) if customer’s default is for non payment of any sums due to SuperfastVPS, exercise All the rights and remedies of secured party under applicable Law including, without limitation, with the minimum notice (if any) required by Law, SuperfastVPS may seize the equipment and sell the equipment to third parties in satisfaction of any Customer indebtedness owing to SuperfastVPS as well as any costs( including reasonable legal fees) incurred by SuperfastVPS in exercising any remedy under this Agreement. (iv) If SuperfastVPS terminates this Agreement under 19.2(b) after such termination is effective, remove the equipment from the Customer space, store the Equipment at another location at Customer’s expense, and license the Customer space to a third party.

(b) SuperfastVPS shall have the right to terminate one or more Services or this Agreement as a whole forthwith at any time in any of the following events:

if any Charges or sums payable remain unpaid after the Due Date; without cause after the expiration of the Minimum Commitment Period by giving the Customer thirty 30 days written notice;

if the Customer has provided any information to SuperfastVPS which SuperfastVPS believes to be material to the provision of a Service and such information is incorrect or incomplete;

if the Customer breaches any provision of this Agreement that in the opinion of SuperfastVPS is capable of being remedied and the Customer fails to remedy that breach within fourteen (14) days after receiving written notice requiring it to do so;

if the Customer breaches any provision of this Agreement that in the opinion of SuperfastVPS is incapable of being remedied;

if in the opinion of SuperfastVPS the Customer has used, attempted to use, or is likely to use a Service and/or any Equipment in contravention of any Applicable Law;

if continued provision of a Service is not in the public interest or if it is deemed by SuperfastVPS that it is not in SuperfastVPS’s interest to continue providing a Service to the Customer for any reason whatsoever;

SuperfastVPS suspects fraud or misuse of a Service, or an activity not authorized by SuperfastVPS or this Agreement in relation to use of a Service, by any person, regardless of whether the Customer consented to or had knowledge of such fraud, misuse or unauthorized activity;

SuperfastVPS is named as a defendant or threatened with suit in any action or proceeding in which it is alleged that a Service has been used to carry defamatory content;

If SuperfastVPS terminates one or more Services or this Agreement as a whole by reason of clauses 19 or 19.2 during the Minimum Commitment Period then, without prejudice to any other rights or remedies SuperfastVPS may have, the Customer must pay the Cancellation Charge calculated in accordance with clause 7.1.

20. Indemnification: SuperfastVPS wishes to emphasize that in agreeing to the Terms of Service (TOS), customer indemnifies SuperfastVPS for any violation of the (ToS) that results in loss to SuperfastVPS or the bringing of any claim against SuperfastVPS by any third-party. This means that if SuperfastVPS is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against SuperfastVPS, plus all costs and attorney’s fees.
21. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts plus a valid mail address are used, in that order of preference.

A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

SuperfastVPS takes no responsibility for any material input by others and not posted to SuperfastVPS. SuperfastVPS is not responsible for the content of any other web sites linked to SuperfastVPS; links are provided as Internet navigation tools only. SuperfastVPS disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party’s violation of this policy.

SuperfastVPS makes no guarantees of service of any kind, whether expressed or implied, for the service it is providing. SuperfastVPS is not responsible for any damages your business may suffer. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by SuperfastVPS or due to the fault of third parties. Customer is Responsible for all the space and Bandwidth services by itself, its employees, agents,contractor, invitees and clients, whether such use is with or without the consent of Customer. No SuperfastVPS entity is responsible or liable for any missing or damage to Customer’s equipment witch may occur during packaging and/or shipment of such equipment.

Responsibility for Content: You, as SuperfastVPS ‘s customer, are solely responsible for the content stored on and served by SuperfastVPS Servers.
It is absolutely forbidden to host illegal content on Shared hosting Accounts,VPS servers and/or VServers. Accounts found hosting this material will be subject to immediate cancellation without refund.

Resellers are responsible for the content stored on their hosting account or Server by their clients.Its absolutely forbidden to host any illegal content to your server or use your server or SuperfastVPS Services for any illegal activities.

22. Denial of Service: We reserve the right to refuse service to anyone at any time for any reason

23. Trademarks-Copyright Notices
SuperfastVPS is either a trademark or registered trademark of Insiders Group, Inc. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.All contents of SuperfastVPS are: Copyright (c) 2015 SuperfastVPS.com

REPORTING VIOLATIONS of SuperfastVPS TOS

SuperfastVPS requests that anyone who believes that there is a violation of this TOS direct the information to the Abuse Department