Terms of Service
- Do not use your VPS for illegal or unlawful activities
- Do not abuse service resources
- Acceptable Use Policy
- Does not involve illegal or unlawful activities
- Does not abuse service resources
- Violations of any laws of the United States of America (e.g. infringement of intellectual property, or violation of criminal laws, privacy laws, or the DMCA)
- Unsolicited email or SPAM
- Any activity that is destructive and/or invasive in nature (e.g. distribution of malware, unauthorized access to computer systems and/or networks).
- An application that excessively uses service resources (CPU cycles, disk IO, etc.) such as minecraft and bitcoin mining which are expressly prohibited on our servers.
- Activity that may harm the proper function and operation of OpenVirtuals' services such as activity that enables distributed denial of service attacks.
- Service Level Agreement
- Generous service credits - see chart below
- Immediate credits - applied to the following month's invoice
- For any failure of our systems - including hardware, software or network systems
- Even for causes beyond our control such as natural disasters - no ambiguity to hide behind
We, at OpenVirtuals, are committed to providing you, our client, with one of the best VPS services available. We will make every effort to meet and to exceed the quality of service that we state in our site. In turn, we ask that you be responsible financially and be an upright Internet citizen.
Using the OpenVirtuals service constitutes an acceptance of our Terms Of Service (TOS) and policies. These terms establish an agreement between you and OpenVirtuals. We may modify these terms or policies at our discretion. The amended terms supersede any prior agreements and take effect immediately.
You can use your VPS as you like as long as it meets all the following criteria:
Billing and Payment
You will be billed on a recurring basis on the same day each month starting with the day you ordered our service. Payment is due via a valid Paypal account at the beginning of each term. If payment is not received, service will be automatically suspended.
Money Back Guarantee
If you find our service to be unsatisfactory for any reason, we will give you a full refund as long as you cancel within the first ten days and have used less than 10 GB of traffic as noted in the Client Area control panel.
Cancellations are only accepted via the form in the Client Area. Cancellation requests sent via email, phone or any other method are not valid cancellations.
After the trial period you can cancel at any time, but we do not offer refunds after the ten day trial period. Upon cancellation your service will remain active until the end of the billing period.
If you violate the TOS or AUP, your service may be terminated without notice. Reinstatement of your VPS is solely up to our discretion and will only happen if we are confident that you will adhere to our TOS and AUP.
Your service may be suspended due to non-payment. To restore your service you must remit payment in full.
OpenVirtuals provides 24 x 7 support via our trouble ticket system. Support for our standard offerings which are unmanaged virtual servers is limited to the basic functioning of the VPS as measured by the status of the control VPS running on the same node. OpenVirtuals standard unmanaged VPS offerings do not include any support for application level or configuration issues.
Security and Passwords
Security is of utmost concern to us. It's your responsibility to secure your VPS. Violations of our TOS or AUP are grounds for termination, even if your VPS is hacked or is a victim of unauthorized access.
Strong passwords are an essential part of security. We automatically generate a strong root password for your VPS. And we encourage you to implement best practices (e.g. changing default ports, using key-based authentication) to enhance security.
We guarantee our VPS services to be available 100% of the time. If we fail to meet this up-time guarantee in any given month, we will apply a service credit to your account in the following month's invoice. Please refer to the Service Level Agreement for details.
Limitation of Liability
OpenVirtuals is not liable for any incidental, consequential, economic or any other damages, losses, injuries or costs resulting from use or inability to use the VPS service. Our maximum liability is limited to the fees charged for the relevant billing period.
Other than what is expressed in these terms (TOS) or policies, OpenVirtuals does not make any promises or any warranties. Strictly, we provide our services to you "as-is".
In the event that a third party makes a claim against OpenVirtuals due to any activity in your VPS (by you, a third party or end user), you are liable to the third party and to OpenVirtuals for all damages, injuries, losses and legal costs resulting from that claim.
Law and Forum
In the unfortunate event there is a dispute between OpenVirtuals and a client of OpenVirtuals arising from these terms (TOS) or the VPS service, the dispute will be governed by the laws of the State of New York, excluding New York's conflict of law provisions. Both you and OpenVirtuals agree to litigate exclusively in the jurisdiction of the state or federal courts located in New York County, New York.
This Acceptable Use Policy (AUP) states what we deem to be valid applications for our service. In short, your application (used by you, a third party or an end user) is acceptable if it meets the following criteria:
OpenVirtuals guarantees 100% system uptime for your VPS. It's a tall order, but we're willing to back it up with:
Service credits are applied as a percentage of the monthly fee based on the amount of system uptime (where uptime % is 100% - downtime %) according to the following schedule:
|If uptime (%) is less than||100||99.9||99.8||99.7||99.6||99.5||99.4||99.3||99.2||99.1|
|Credit (%) of monthly bill||10||20||30||40||50||60||70||80||90||100|
Any information you provide to us is kept private. We make great efforts to guard your information via encryption and secure processes. In the standard course of business we will use the information you provide to make financial transactions (e.g. Paypal).
We don't store your password if you use Facebook Connect. During registration to our site, if you use Facebook Connect, you'll be prompted to accept the OpenVirtuals Facebook app. You can control the visibility of messages we post to your Timeline by following the directions in the FAQ.
If your virtual is under governmental, criminal or other investigation, we may be compelled to disclose any information we have pertaining to you (including contents of your virtuals).
Third Party Personal Information
It is your responsibility to protect any personal information of third parties or of end users for any virtual under your account. OpenVirtuals shall not be held liable for breaches of security of such personal nature contained within or transmitted through any of your virtuals.